Congress Passes 2018 Farm Bill

December 13, 2018 Advisory

After lengthy debates throughout the year, House and Senate Agriculture Committee leaders agreed to a final version of the 2018 Farm Bill earlier this week. Votes in the House and Senate on Tuesday and Wednesday of this week sent the bill to the president’s desk for signature.

The Farm Bill places significant emphasis on enhancing support for agricultural producers. In a statement issued on Monday evening after the Farm Bill language was initially released, Senate Agriculture Committee Chairman Pat Roberts, R-Kansas, said: “As promised, this farm bill provides much needed certainty and predictability for all producers – of all crops – across all regions across the country.”

A range of changes to Agricultural Risk Coverage (ARC) and Price Loss Coverage (PLC) programs will be introduced through the Farm Bill. For example, PLC reference prices will adjust higher with certain improved market conditions. While the current reference prices for corn ($3.70), soybeans ($8.40), wheat ($5.50), and other commodities remain the same as the 2014 Farm Bill, the new Farm Bill adopts a formula that would allow reference prices to move upward as much as 15 percent. Under the right conditions, the reference prices for corn, soybeans, and wheat could move to $4.26, $9.66, and $6.33 respectively. Those higher reference prices would be used for both PLC and ARC.

With respect to crop insurance, the Farm Bill only makes minor improvements for forage and grazing products (which may be of greatest interest to dairy farmers) and very few other adjustments.

A boon for livestock farmers and food supply safety, the Farm Bill augments animal disease preparation and prevention through mandatory funding for a foot-and-mouth disease national vaccine bank, the National Animal Disease Preparedness Program, and the National Animal Health Laboratory Network.

Notably, the Farm Bill excludes hemp from the controlled substance list, thereby legalizing hemp production nationally. Passage of the Farm Bill is being hailed as a watershed event for hemp that creates a path for increased commercialization of hemp products and services, including products containing cannabidiol (CBD). In addition, the Farm Bill includes language to create insurance products for hemp. Yet, while the Farm Bill language neutralizes future interference in the hemp industry from the Drug Enforcement Administration (DEA), it does not resolve the Food and Drug Administration’s (FDA) position that CBD may not be sold in foods or supplements.

One of the more prominent controversies swirling around Farm Bill debates throughout the year related to the Supplemental Nutrition Assistance Program (SNAP), frequently referred to as food stamps. Although there was a strong push to implement tighter work or job-training requirements for individuals receiving SNAP benefits, those requirements were abandoned. However, other changes were made such as eliminating state bonuses for SNAP enrollment.

There was also conflict surrounding reforms to forestry provisions in the Farm Bill. The final version of the Farm Bill includes language supporting expedited environmental analysis for a number of forest management activities on federal lands.

If signed into law, the 2018 Farm Bill will impact agribusiness and food industry organizations. Experienced legal counsel can provide guidance on any of these key areas and advise on specific areas of impact for your business.

Contact Us
  • Worldwide
  • Boston, MA
  • Chicago, IL
  • Denver, CO
  • Dublin, Ireland
  • Edwardsville, IL
  • Jefferson City, MO
  • Kansas City, MO
  • Las Vegas, NV
  • London, England
  • Miami, FL
  • New York, NY
  • Orange County, CA
  • Philadelphia, PA
  • Princeton, NJ
  • Salt Lake City, UT
  • St. Louis, MO
  • Washington, D.C.
  • Wilmington, DE
Worldwide
abstract image of world map
Boston, MA
800 Boylston St.
30th Floor
Boston, MA 02199
Google Maps
Boston, Massachusetts
Chicago, IL
100 North Riverside Plaza
Suite 1500
Chicago, IL 60606-1520
Google Maps
Chicago, Illinois
Denver, CO
4643 S. Ulster St.
Suite 800
Denver, CO 80237
Google Maps
Denver, Colorado
Dublin, Ireland
Fitzwilliam Hall, Fitzwilliam Place
Dublin 2, Ireland
Google Maps
Edwardsville, IL
115 N. Second St.
Edwardsville, IL 62025
Google Maps
Edwardsville, Illinois
Jefferson City, MO
101 E. High St.
First Floor
Jefferson City, MO 65101
Google Maps
Jefferson City, Missouri
Kansas City, MO
2345 Grand Blvd.
Suite 1500
Kansas City, MO 64108
Google Maps
Kansas City, Missouri
Las Vegas, NV
7160 Rafael Rivera Way
Suite 320
Las Vegas, NV 89113
Google Maps
Las Vegas, Nevada
London, England
Royal College of Surgeons of England
38-43 Lincoln’s Inn Fields
London, WC2A 3PE
Google Maps
Miami, FL
355 Alhambra Circle
Suite 1200
Coral Gables, FL 33134
Google Maps
Photo of Miami, Florida
New York, NY
7 Times Square, 44th Floor
New York, NY 10036
Google Maps
New York City skyline
Orange County, CA
19800 MacArthur Boulevard
Suite 300
Irvine, CA 92612
Google Maps
Philadelphia, PA
2005 Market Street
29th Floor, One Commerce Square
Philadelphia, PA 19103
Google Maps
Philadelphia, Pennsylvania
Princeton, NJ
100 Overlook Center
Second Floor
Princeton, NJ 08540
Google Maps
Princeton, New Jersey
Salt Lake City, UT
222 South Main St.
Suite 1830
Salt Lake City, UT 84101
Google Maps
Salt Lake City, Utah
St. Louis, MO
7700 Forsyth Blvd.
Suite 1800
St. Louis, MO 63105
Google Maps
St. Louis, Missouri
Washington, D.C.
1717 Pennsylvania Avenue NW
Suite 400
Washington, DC 20006
Google Maps
Photo of Washington, D.C. with the Capitol in the foreground and Washington Monument in the background.
Wilmington, DE
1007 North Market Street
Wilmington, DE 19801
Google Maps
Wilmington, Delaware