Final Rules

Department of Labor's H-2A Guest Worker Rules: 

On Friday, February 12, the Department of Labor issued its final rules on the H-2A Guest Worker Program.  In the last year of the Bush Administration, the Labor Department streamlined the process for farms to hire seasonal foreign workers.  The Obama Administration targeted the rules for reversal, but was prevented from immediately suspending them.  Instead, the Labor Department issued a proposed rule in September, 2009.  The new rules, effective March 15, will require that employers provide documented proof they looked for qualified U.S. people to fill jobs, instead of simply attesting to the effort. 

Analysis for SBCRR Subscribers:

The Department of Labor certified that the rule will "not have a significant economic impact on a substantial number of small entities."  The rationale provided by the Labor Department is that the rule will impact less than 10 percent of the total number of small U.S. farms.  Additionally, the Labor Department estimates that it will only take 2 hours for a small farm to understand the new application and compliance process and an average annual cost of $48.94 to comply.

Key Documents

• Department of Labor's final rule (federal register notice in *pdf):  click here 
• Article on the Bush Administration's H-2A regulation as a "Midnight Regulation:"  click here 
• Department of Labor main web page devoted to H-2A Guest Worker Program:  click here

Canceled Rules

U.S. Department of Agriculture National Identification System (NAIS): 

On February 5, Department of Agriculture Secretary Tom Vilsack announced that his Department is scrapping its plans for the national animal identification system (NAIS).  In his speech before the National Association of State Departments of Agriculture, Vilsack said that instead of one national mandatory animal identification system, USDA would support development of a system of identification for animals that move interstate and that it would depend on the state departments of agriculture to run it.   

Analysis for SBCRR Subscribers: 

The NAIS plan was opposed by several farm groups, ranchers, and independent cattle producers.  They were relieved to hear of the system's demise.  Cattle producers and other small business stakeholders who opposed NAIS will closely monitor the development of any new interstate system.  One concern is how any new system will impact the existing state regulatory structure for processing and inspecting based on interstate veterinarian animal health certificates.  

Key Documents

• USDA's main web page devoted to animal disease traceability:  click here