National Agricultural Policy: USDA Announces $8 Billion Harvest Fuel Relief Program
On October 19, 2026, the U.S. Department of Agriculture (USDA) issued a press release announcing an $8 billion Harvest Fuel Relief (HFR) program to provide one-time payments to American farmers during the 2026 harvest season. USDA states that the program is intended to provide financial relief amid “temporary market disruptions and increased input costs.” According to the announcement, the HFR program will provide proportional payments to producers to cover a portion of modeled losses during the 2026 crop year, similar to the Farmer Bridge Assistance program, announced in December 2025. Payment calculations will be based on Farm Service Agency (FSA) reported planted acres, Economic Research Service cost-of-production estimates, and World Agricultural Supply and Demand Estimates yields and prices. The program is authorized under the Commodity Credit Corporation Charter Act and will be administered by the FSA. The announcement states, “eligible producers are encouraged to create a Login.gov account in advance of the application period announcement.”
National Agricultural Policy: Executive Order Directs Temporary Diesel Fuel Tax Relief for Farmers and Truckers
On October 5, 2026, President Donald Trump issued an executive order, titled “Emergency Tax Relief on Diesel Fuel,” (EO 14435), along with a fact sheet, which directs the Secretary of the Treasury to determine whether “temporary relief” from certain federal diesel fuel excise tax obligations is authorized under 26 U.S.C. § 7508A. If authorized, the relief would defer payment of specified taxes incurred between October 5 and December 31, 2026, without penalties, interest, or additional charges. The order also directs the Internal Revenue Service to announce penalty relief for the sale or use of dyed diesel fuel on highways during the same time period and to address penalties for failing to make semimonthly tax deposits. Additionally, the order directs the Secretary of Agriculture to coordinate with agricultural cooperatives, rural fuel distributors, and farm supply organizations to ensure adequate access to dyed diesel fuel in high-demand areas, while encouraging states to adopt corresponding relief measures. The Secretary of the Treasury must also explore options, including legislation, to eliminate the obligation to repay the deferred taxes. The order temporarily lifts fuel taxes in response to rising diesel fuel prices, although implementation remains subject to applicable law and further Treasury guidance.
Antitrust: Class Action Alleges Dairy Cooperatives Colluded to Inflate Consumer Prices
On October 5, 2026, several retail dairy purchasers filed a class action complaint in the U.S. District Court for the Eastern District of Virginia alleging that the National Milk Producers Federation (NMPF) and several dairy cooperatives conspired to inflate domestic dairy prices through the Cooperatives Working Together (CWT) program, now known as the NEXT Program. Oriakhi v. National Milk Producers Federation, No. 2:26-cv-01093. The complaint alleges that participating cooperatives used an export assistance program to subsidize one another’s exports of dairy products, diverting supply from the domestic market and artificially increasing prices for milk, cheese, butter, and other dairy products. Plaintiffs claim that the program enabled competitors to coordinate supply restrictions and pass inflated costs along the dairy distribution chain to consumers, allegedly causing overcharges beginning January 1, 2018. The complaint further alleges that the defendants are not entitled to the Capper-Volstead Act’s antitrust exemption because their conduct allegedly extends beyond permissible cooperative marketing to unlawful supply restrictions. Plaintiffs seek injunctive relief under Section 1 of the Sherman Act, damages under state antitrust and consumer protection laws, restitution for unjust enrichment, attorneys’ fees, and other relief.
Dairy Policy: FDA Allows Salt Substitutes in Standardized Dairy Products to Reduce Sodium Content
On October 13, 2026, the U.S. Food and Drug Administration (FDA) published a final rule in the Federal Register (91 FR 65040) amending federal standards of identity to permit the use of safe and suitable salt substitutes in standardized foods, including dairy products, to reduce sodium content. The rule amends standards of identity in 21 C.F.R. Part 131 and 21 C.F.R. Part 133, which govern certain dairy products and cheeses, allowing manufacturers to replace some or all of the added salt with qualifying substitutes while maintaining the products’ basic nature and essential characteristics. The FDA stated that the changes are intended to provide manufacturers with greater flexibility to develop lower-sodium products and support public health efforts to reduce sodium consumption. The rule takes effect December 14, 2026, and objections or requests for a hearing concerning the amendments to dairy product standards must be submitted by November 12, 2026 (FDA-2022-N-2226).
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AgWorks: Connecting Agricultural Businesses to Workforce Services and Training. From 2025 to 2027, the Penn State Center for Agricultural and Shale Law and Penn State Extension will collaborate with farms and agriculture-related businesses to strengthen the workforce system. AgWorks will provide registered small- to medium-sized Pennsylvania farms and agribusinesses with no-cost training and consultation to ensure business sustainability. As part of the AgWorks program, the Center for Agricultural and Shale Law will provide legal consulting and present 20+ employment law programs. Upcoming AgWorks webinars and workshops:
Oct. 27: Employer Property and Privacy Rights for Employees
Nov. 18: Employing Minors: Hazardous Jobs, Federal Standards
Dec. 16: Employing Minors: PA Child Labor Act and Examples
Understanding Agricultural Law Series. A free monthly webinar series for agricultural and rural business advisors. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. All events on Fridays, noon–1 pm (ET). Upcoming:
Nov. 20: Understanding the Basics of Mediation in USDA Disputes
Dec. 11: Understanding the Basics of the Capper Volstead Act
Jan. 29: Understanding the Basics of Chapter 12 Bankruptcy
Feb. 26: Understanding the Basics of the Equine Immunity Act
Mar. 26: Understanding the Basics of Pennsylvania’s ACRE Law/Act 38
Quarterly Dairy Legal Webinar Series. A free quarterly webinar series covering dairy industry legal and regulatory developments with an in-depth focus topic. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. All events on Tuesdays, noon–1 pm (ET). Upcoming:
Jan. 19: 4th Qtr. 2026—Renewable Natural Gas for Dairy
April 13: 1st Qtr. 2027—Organic for Dairy
Subscribe to the Pennsylvania Farm Employers’ Listserv (PFEL): an email networking and resource-sharing group exclusively about human resources information for agricultural operations.
Pennsylvania Farm Bureau Legal Services Plan: “A new member-benefit program involving law firms that specialize in legal areas commonly utilized by farmers.”
Resources of Interest:
Nat’l Agric. Law Ctr., Between a Rock and a Hard Place: Distressed Farm Credit Loans, Mary Eichenberger (Oct. 22, 2026)
Ohio St. Univ. Ext. Farm Off. Blog, DeWine and Trump act on high diesel fuel prices, Peggy Kirk Hall (Oct. 22, 2026)
Univ. of Ill. Farm Policy News, Diesel Aid Could Push 2026 Government Payments to Farmers to Record $55 Billion, Ryan Hanrahan (Oct. 21, 2026)
Univ. of Ill. Farm Policy News, USDA to Provide $573M to Boost Domestic Fertilizer Production, Ryan Hanrahan (Oct. 23, 2026)
Agric. Law & Tax’n Blog, USDA’s $8 Billion Farm Aid Program, Roger McEowen (Oct. 20, 2026)
Agric. Law & Tax’n Blog, Wetlands Regulation After Sackett, Roger McEowen (Oct. 23, 2026)
Tex. A&M Agric. Law Blog, New Water Disclosure Form Important for Landowners Buying or Selling Property, Tiffany Dowell Lashmet (Oct. 19, 2026)
Iowa St. Univ. Ctr. Agric. Law & Tax’n, Updates from the Past Year on Fence and Boundary Law, Joshua A. Hjelmaas (Oct. 23, 2026)
Nat’l Agric. Law Ctr., Food Law in the States: 2026 California Update, Emily Stone (Oct. 20, 2026)
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES
Shapiro Administration Invests $2 Million in Research and Marketing to Grow Pennsylvania’s Wine Industry (Oct. 23, 2026)
Shapiro Administration Invests $290,000 to Open New Markets for Farmers and Increase Sales and Exports of Pennsylvania Agricultural Products (Oct. 21, 2026)
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 56, No. 43—Oct. 24, 2026)
None.
PENNSYLVANIA LEGISLATURE
SB 381 “An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in public safety, prohibiting certain animal experimentation and certain testing and sale of animal-tested cosmetics; and providing for remedies.” Act No. 92 of 2026 (Oct. 22, 2026)
HB 1006 “An Act amending the act of April 28, 1937 (P.L.417, No.105), known as the Milk Marketing Law, in weighing and testing, further providing for certified testers and for certified weighers and samplers.” Act No. 70 of 2026 (Oct. 22, 2026)
HB 2555 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in domestic animals, further providing for definitions and providing for requirements for equines sold by dealer.” Act No. 88 of 2026 (Oct. 22, 2026)
HB 1667 “An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, providing for residential clean energy tax credit; repealing provisions relating to Pennsylvania Economic Development for a Growing Economy (PA EDGE) Tax Credits; providing for Pennsylvania Economic Development for a Growing Economy (PA EDGE) Tax Credits and for energy ratepayer protection; establishing the Energy Ratepayer Protection Fund; in manufacturing and investment tax credit, further providing for tax credit certificates and providing for limitations; and making a repeal.” Referred to Rules & Executive Nominations [Senate] (Oct. 19, 2026)
HB 481 “An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in size, weight and load, further providing for permit for movement during course of manufacture.” Re-reported on concurrence, as committed [Senate] (Oct. 21, 2026)
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) PRESS RELEASES
EPA Details Record $1.6 Trillion in Savings Finalized in Past Year Through Historic Deregulatory Agenda (Oct. 23, 2026)
EPA, Army Corps Begin Removing Contaminated Slag From Philadelphia Superfund Site (Oct. 22, 2026)
Navajo Nation Becomes First Tribe Eligible to Administer Clean Water Act Permitting Programs (Oct. 21, 2026 (Oct. 21, 2026)
EPA Marks 50 Years of Resource Conservation and Recovery Act (RCRA) with Updates to Modernize Waste Regulations to Support Economic Growth (Oct. 21, 2026)
EPA Releases Updated Air Model to Advance Gold Standard Science and Cooperative Federalism (Oct. 19, 2026)
U.S. DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES
Secretary Rollins and NASA Administrator Isaacman Sign MOU to Advance USDA Data Modernization Plan (Oct. 24, 2026)
USDA Announces Tribal Advisory Committee Appointments and Opens Nominations for Additional Members (Oct. 23, 2026)
Trump Administration Announces $5 Billion SPUR Guaranteed Loan Program to Expand Processing for American Ranchers and Fishermen (Oct. 23, 2026)
Trump Administration Announces Major Investment in American Fertilizer Manufacturing to Strengthen National Security and Support Farmers (Oct. 22, 2026)
Following President Trump’s Executive Orders, USDA Updates its Cash Cattle Market Reports to Advance Transparency (Oct. 20, 2026)
Trump Administration Announces $8 Billion Harvest Fuel Relief Program (Oct. 19, 2026)
USDA AGENCY PRESS RELEASES
Agricultural Marketing Service
Join a USDA and FBI Webinar for the Produce Industry on Fraud Prevention (Oct. 21, 2026)
Announcement of the Fiscal Year 2027 International Food Assistance Forecast (Oct. 19, 2026)
Animal and Plant Health Inspection Service
Texas Modifies New World Screwworm Infested Zone (Oct. 23, 2026)
APHIS Announces Plans To Modernize Chronic Wasting Disease Control in Farmed Cervids, Seeks Comment on Revised Herd Certification Program Standards (Oct. 23, 2026)
USDA Confirms First Detection of New World Screwworm in U.S. Wildlife (Oct. 21, 2026)
Economic Research Service
Land Use, Conservation Policies, and Agricultural Production in Brazil and the United States (Oct. 22, 2026)
Farm Service Agency
USDA Boosts Pennsylvania Agricultural Economy Through $78 Million in Safety Net and Conservation Program Payments (Oct. 19, 2026)
Food Safety and Inspection Service
Constituent Update – October 16, 2026 (Oct. 20, 2026)
Foreign Agricultural Service
Export Sales to China (Oct. 22, 2026)
Stakeholder Notice: Advancing Alignment with America First Food Assistance – Priority Countries for Food for Peace Non-Emergency Multi-Year Programming Announced (Oct. 19, 2026)
Export Sales to China and Unknown Destinations (Oct. 19, 2026)
National Agricultural Statistics Service
Additional Information Regarding September Crop Production Notice (Oct. 24, 2026)
Natural Resources Conservation Service
USDA Announces $65 Million in Innovative Projects that Help Farmers Improve their Operations and Conserve Natural Resources (Oct. 23, 2026)
Risk Management Agency
RMA Reminds Producers of Important Crop Insurance Deadlines (Oct. 22, 2026)
Rural Development
USDA Rural Development Invests $25 Billion to Strengthen Rural Communities Nationwide (Oct. 22, 2026)
FEDERAL EXECUTIVE AGENCIES (Federal Register: Oct.12 —Oct. 16, 2026):
Agriculture Department
91 FR 66830 Notice to solicit nominations for membership: “Tribal Advisory Committee; Notice of Solicitation for Nominations” (Oct. 23, 2026)
Agricultural Marketing Service
91 FR 66829 Request for information: “Exempt Plant Definition Request for Information” (Oct. 23, 2026)
91 FR 66829 Notice and request for comments: “Federal Seed Act Labeling and Enforcement; Notice of Request for Extension and Revision of a Currently Approved Information Collection” (Oct. 23, 2026)
91 FR 66071 Notice and request for comments: “Request for Extension of an Information Collection-Local Food Directories and Survey” (Oct. 19, 2026)
Animal and Plant Health Inspection Service
91 FR 66291 Proposed rule: “Minimum Maturation Temperature for Beef and Ovine Meat From Regions Affected With Foot-and-Mouth Disease” (Oct. 20, 2026)
91 FR 66072 Notice of availability: “Notice of Availability of a Pest Risk Analysis for the Importation of Fresh Passion Fruit From Viet Nam Into the United States” (Oct. 19, 2026)
Food and Nutrition Service
91 FR 66958 Proposed rule: “Supplemental Nutrition Assistance Program: Electronic Benefits Transfer Card Security Measures” (Oct. 23, 2026)
U.S. HOUSE AGRICULTURE COMMITTEE
H.R.10906 “To strengthen American wood, and for other purposes.” Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, Transportation and Infrastructure, Oversight and Government Reform, Science, Space, and Technology, Agriculture, Financial Services, Armed Services, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned (Oct. 22, 2026)
U.S. SENATE COMMITTEE AGRICULTURE, NUTRITION, AND FORESTRY
None.
AGRICULTURE-RELATED LEGISLATIVE HEARINGS & REPORTS
U.S. HOUSE AGRICULTURE COMMITTEE:
None.
U.S. SENATE COMMITTEE AGRICULTURE, NUTRITION, AND FORESTRY:
None.
Contributors:
Christina Fraser, Research Assistant
Audry Thompson, Staff Attorney
The post Agricultural Law Weekly Review—October 28, 2026 appeared first on Center for Agricultural and Shale Law.