Smith Applauds Court Ruling Against OSHA’s Unilateral Rulemaking

Congressman Adrian Smith (R-NE) released the following statement today after the D.C. Circuit Court of Appeals ruled the Occupational Safety and Health Administration (OSHA) acted illegally when it issued new requirements for anhydrous ammonia storage without a public comment period.

OSHA’s interpretive memorandum impacts approximately 3,800 agriculture retailers and would cost the industry in excess of $100 million to comply, likely forcing small retailers to stop selling anhydrous ammonia and restricting producers’ access to this important input. When issued in July 2015, OSHA’s changes took effect immediately.

Smith introduced the Fertilizer Access and Responsible Management (FARM) Act in the House in May 2016 to block OSHA’s new regulations on anhydrous ammonia. Today’s ruling requires OSHA to utilize the formal rulemaking process if the agency wishes to pursue a rule change on anhydrous ammonia.

“The Obama administration has made a habit of unilateral action, and I am glad the judicial branch has stepped in to protect producers from this unlawful regulation,” Smith said. “Retailers and producers deserve to have their voices heard on the impacts of a rule change of this magnitude rather than having it forced upon them with no input. We must continue working to empower producers and remove barriers to their success, namely by rolling back onerous regulations like this one.”

Smith is the founder and co-chairman of the Modern Agriculture Caucus.