North Carolina Republican Rep. David Rouzer says the Biden administration’s “waters of the U.S.” rule could be vulnerable due to the Supreme Court’s recent overruling of the Chevron doctrine, which had given federal agencies authority interpret the laws passed by Congress.

Most major House committees — Transportation and Infrastructure, Agriculture, Ways and Means and Energy and Commerce, for example — are probing for regulations that might “run afoul” of the new administrative regime, Rouzer noted.

“I would suspect it would be quite a number. Particularly the ones that really don’t pass the smell test,” he said on Agri-Pulse Newsmakers.

Check back to our website to watch the new episode of Agri-Pulse Newsmakers featuring Rouzer, Ray Starling and Barbara Patterson discussing WOTUS, Proposition 12 and an outlook on issues facing rural voters.

Hoeven: May be better to wait on farm bill

A leading Republican senator says delaying the farm bill to the next Congress would be preferable to passing one this year without needed changes to the Agriculture Risk Coverage and Price Loss Coverage programs.

Hoeven, a senior member of the Senate Ag Committee and ranking member of the Ag Appropriations Subcommittee, told Agri-Pulse’s Rebekah Alvey on Thursday those commodity programs are key to getting more “farm in the farm bill.”

“We want to get a farm bill, but it’s most important that we get a good farm bill that works for our farmers and ranchers,” Hoeven said. “It’s more important that we get that done, than that we get it done this year. If it takes us to next year, then it takes us to next year.”

If a new farm bill remains stalled into September, Hoeven said the House and Senate Ag committees should pass a new extension of the 2018 farm bill “sooner versus later” to avoid any confusion out in the country.

“The message is — it’s most important that we get this right, so that support for farmers and ranchers is there,” Hoeven said.

APHIS response to bird flu -- $1.3B and counting

USDA’s response to avian influenza in poultry and cows will end up costing at least $2 billion, according to figures shared by the Animal and Plant Health Inspection Service on an Agri-Pulse webinar Thursday.

Jonathan Zack, director of the Animal and Plant Health Inspection Service’s National Preparedness and Incident Coordination Center, said APHIS has committed about $1.3 billion to date, including $901 million to cover depopulation of poultry and eggs and $239 million on disposal of birds and the personnel costs associated with that. The total also includes $163 million to address the recent outbreak of highly pathogenic avian influenza in dairy cows.

Another $816 million is available to continue addressing the presence of avian flu in both poultry and cows, he said, and emphasized that more resources will be available if needed.

APHIS is reporting 146 dairy herds in 12 states have been infected since the first detection in Texas in late March. In poultry, meanwhile, an egg layer operation in Colorado was hit earlier this week. The Colorado Sun reported the facility has nearly 1.8 million birds.

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Zack confirmed that the virus has moved from dairy farms to poultry farms in some cases. Based on the “phylogenetic footprint,” he said, “I don't think anyone's going to argue with that.”

China opens investigation into possible cooking oil contamination 

Chinese authorities have opened an investigation into food safety concerns associated with cooking oil after a local media investigation found that tankers carrying edible soybean oil were also used to carry chemicals — but without any cleaning between shipments. 

The investigation by Beijing News, a state-backed outlet, implicated vehicles carrying products from state-owned Sinograin and China Energy Investment Corporation, a national-level company overseen by the government. 

A reporter for the outlet followed a tanker carrying a type of hydrocarbon that is converted into liquid fuel, to another region where the tanker filled up with soybean oil without stopping for cleaning. 

Earlier this week, China’s State Council said it was forming an investigative group with officials from the Food Safety Commission, the Public Safety Bureau and other ministries to explore the issue and “severely punish” those found breaking the law, according to state media

Produce businesses sanctioned over PACA violations 

USDA has sanctioned three produce businesses in Arkansas, New York and Virginia for not meeting contractual obligations to produce sellers and not paying the subsequent reparation awards issued under the Perishable Agricultural Commodities Act.

The PACA reparation awards require businesses to pay damages for failing to meet their obligations in buying and selling fresh and frozen fruits and vegetables. As a result of the sanctions, the businesses’ PACA licenses will be suspended. The principal operators also will be prohibited from engaging in PACA-licensed business or other activity without USDA approval. 

The penalized businesses are E&RRR LLC in Jonesboro, Ark., for not paying a $9,110 award to a California seller; Otto Brehm Inc., in Yonkers, N.Y., for not paying a $12,361 award to a Pennsylvania seller; and Blue Light Produce LLC, in Charlottesville, Va., for not paying a $93,322 award to an Arizona seller. 

Cranberry marketing order officially terminated

USDA’s Agricultural Marketing Service has officially terminated the marketing order for cranberries after growers and handlers overwhelmingly voted last year in favor of dropping it.

Growers representing about 80% of the production volume opposed continuation of the order, which regulates the handling of cranberries in Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York. 

BLM approves herbicides for use on public lands 

The Bureau of Land Management on Thursday announced it has approved seven herbicides to control weeds and invasive species on public lands. Invasive annual grasses like cheatgrass threaten wildlife habitat for sage-grouse and mule deer, the agency said

Take note: Although the decision clears the way for BLM offices to use the herbicides, they still will need to complete local National Environmental Policy Act analyses before doing so.

Brasher, Johnson head to Milwaukee for Republican convention

Next week, Agri-Pulse’s Philip Brasher and Lydia Johnson will be in Milwaukee covering the Republican National Convention, starting Sunday. Follow Daybreak, DriveTime and Agri-Pulse.com for updates. We also plan a special convention edition of Agri-Pulse Newsmakers.

Rebekah Alvey, Philip Brasher and Noah Wicks contributed to this report.