Farm Foundation Launches Effort to Reduce Antimicrobial-Drug Use

On May 14, 2015, Farm Foundation, a nonprofit organization that attempts to promote dialogue between the various farm sectors, conducted the first of a series of forums designed to educate livestock producers, veterinarians, and government regulators regarding the phasing-out of antimicrobial-drug use in food producing animals.

According to the United States Food and Drug Administration (FDA), the growing resistance to antimicrobial-drugs represents a “global threat.” Significantly, FDA states that “[a]ntimicrobial use in animals can contribute to the emergence of antimicrobial resistance in bacteria that may be transferred to humans, thereby reducing the effectiveness of antimicrobial drugs for treating human disease.”

To combat the dangers associated with antimicrobial-drug use in animals, FDA has issued a series of guidelines on the judicious use and the phasing out of these drugs. 

Though FDA’s guidelines are voluntary, its recommendations are often difficult for interested livestock producers and veterinarians to fully understand.  Through its forum series, Farm Foundation seeks to provide these individuals with the tools necessary to achieve the recommended FDA guidelines.  Furthermore, Farm Foundations hopes to help government regulators better understand the challenges producers and veterinarians face when attempting to implement the suggested guidelines.

Written by M. Sean High - Staff Attorney

May 29, 2015

Finalized Waters of the U.S. Rule Announced

On May 27, 2015, the United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers announced the final version of their rule regarding the Waters of the United States (WOTUS).

Under the Clean Water Act, federal jurisdiction applies to “navigable waters.”  Unfortunately, this term often leads to confusions regarding the federal jurisdiction of many lakes, rivers, streams, and marshes.  According to EPA, the finalized WOTUS rule “ensures that waters protected under the Clean Water Act are more precisely defined and predictably determined.” The announced final rule is scheduled to go into effect sixty days after it is published in the Federal Register.

The final WOTUS rule faces opposition from those that believe the action exceeds the intended scope of the Clean Water Act.  On May 27, 2015 House of Representatives Speaker John Boehner (R-OH) issued a press release denouncing the rule as a “tyrannical power grab.” Relatedly, on May 12, 2015 the House of Representative voted to require the withdrawal of the final WOTUS rule and require the development of a new rule; similar legislation is pending in the Senate.
 
Written by M. Sean High - Staff Attorney
May 28, 2015

Honey Bee Numbers Reportedly Down

On May 13, 2015, the Bee Informed Partnership released a preliminary analysis of its 9th annual survey of honey bee colony loss.

Funded primarily by the United States Department of Agriculture National Institute of Food and Agriculture, the Bee Informed Partnership is a collaboration of research labs and universities attempting to understand the reasons for why the honey bee population has been declining in the United States.

According to the latest Bee Informed Partnership preliminary analysis, responding beekeepers reported a winter (October to April) 2014-2015 colony loss rate of 23.1%.  While this number represents a slight decrease from the winter 2013-2014 colony loss rate of 23.7%, it is still 4.4% above the acceptable self-reported colony loss rate of 18.7%.  Additionally, the Bee Informed Partnership reported that the summer (April to October) 2014 colony loss rate was 27.4% as compared to the summer 2013 colony loss rate of 19.8%. 

The Bee Informed Partnership colony loss rate percentages were based on data submitted by beekeepers overseeing 14.5% of the nations managed bee colonies.  Accordingly, the authors of the preliminary analysis acknowledged that the current data submissions and reported percentages will most likely change between now and the final report.  The final peer reviewed survey of honey bee colony loss is scheduled for release sometime later this year.

Relatedly, on May 19, 2015, the Obama administration established Pollinator Health Task Force issued a document titled the National Strategy to Promote the Health of Honey Bees and Other Pollinators.  As part of the planned strategy to promote the nations honey bee population, the Environmental Protection Agency will "re-evaluate the neonicotinoid family of pesticides" and "restrict the use of pesticides that are acutely toxic to bees."

Written by M. Sean High - Staff Attorney

May 27, 2015

Secretary Redding Suspends Avian Competitions at Fairs

On May 11, 2015, due to increasing threats regarding the spread of avian influenza, Pennsylvania Secretary of Agriculture Russell Redding issued a press release announcing that the Pennsylvania Department of Agriculture was “suspending all avian competitions at state-approved agricultural fairs in 2015, as well as the 2016 Pennsylvania Farm Show.”

According to Secretary Redding, since December 2014, the United States Department of Agriculture has reported that 145 flocks of U.S. birds have tested positive for avian influenza.  As a result, 15 million birds have either been killed by the disease or been euthanized by producers.  By suspending avian competitions at agricultural fairs, the secretary seeks “to take proactive steps to reduce the risks of avian influenza spreading.”

In a separate letter sent to the Pennsylvania State Association of County Fairs, Secretary Redding, in addition to announcing his ruling regarding state approved agricultural fairs and the Pennsylvania Farm Show, requested “that all additional open poultry shows, fairs and expositions in the state also refrain from avian activity in all forms, while the virus is spreading throughout the nation.”

Relatedly, on May 13, 2015, Nebraska Governor Pete Ricketts signed a state of emergency after a string of recent avian influenza outbreaks at Nebraska poultry facilities.  At this time, it has been reported that 4 million chickens, located on three different Nebraska farms, have tested positive for avian influenza.    


Written by M. Sean High - Staff Attorney
May 26, 2015
 

Chesapeake Bay Update: Senators Seek Help for Susquehanna River Basin Farmers

On May 19, 2015, United States Senators Benjamin Cardin (D-MD) and Robert Casey Jr. (D-PA) sent a letter to Secretary of Agriculture Tom Vilsack requesting that the U.S. Department of Agriculture (USDA) increase resources to help Susquehanna River Basin farmers comply with Chesapeake Bay conservation efforts.

Citing a 2014 annual report on the Chesapeake Clean Water Blueprint, the Senators noted that overall efforts have been successful in improving the Susquehanna and Chesapeake Bay watersheds.  Nevertheless, Cardin and Casey stated that according to the report, Pennsylvania’s farmers had not adequately reduced their levels of nitrogen pollution.  The Senators further mentioned that because Pennsylvania had not met its nitrogen pollution goals, a group of Maryland legislators had contacted the Environmental Protection Agency (EPA), seeking enforcement against the Commonwealth.    

According to Cardin and Casey, USDA has a legal obligation (due to its membership on the Federal Leadership Committee for the Chesapeake Bay) to provide Susquehanna River Basin farmers with the financial and technical support necessary so that Pennsylvania can meet the pollution goals established for the Chesapeake Bay and avoid EPA enforcement action.   

Written by M. Sean High - Staff Attorney

May 22, 2015

House Passes Legislation to Prevent Waters of the U.S. Rule

On May 12, 2015, the U.S. House of Representatives passed the Regulatory Integrity Protection Act of 2015 (H.R. 1732) by a vote of 261 to 155.  Introduced by Pennsylvania Congressman Bill Shuster, the proposed legislation would prevent the implementation of the U.S. Army Corps of Engineers (USACE) recently proposed rule regarding the Waters of the United States, and require that USACE develop a new rule. 

A central issue for many of the supporters of the Regulatory Integrity Protection Act is a concern that USACE’s currently proposed rule would dramatically expand the Clean Water Act to provide the Environmental Protection Agency with the power to regulate vast numbers of agricultural fields and ditches. 

The House of Representatives passed similar legislation on September 9, 2014 (H.R. 5078), however, the bill stalled in the Senate.  Significantly, the Obama administration has threatened to veto the Regulatory Integrity Protection Act if it were to reach the President’s desk.   

Written by M. Sean High - Staff Attorney

May 21, 2015

SunOpta Inc., First to Receive USDA Non-GMO Certification

On May 18, 2015, SunOpta Inc., a “company specializing in the sourcing, processing and packaging of natural, organic and specialty food products” announced that it has become the first United States food manufacturer to receive verification under the U.S. Department of Agriculture (USDA) Process Verified Program (PVP) for non-Genetically Modified (GMO) products.  As a result of receiving this verification, SunOpta, Inc. is now permitted to market specifically approved products as non-GMO. 

PVP is instituted by the federal government as a way for agribusinesses to assure customers of the quality of services and products provided.  By submitting to USDA’s verification methods, agricultural products that attain PVP approval are permitted to be marketed as “USDA Process Verified.”  Importantly, approved products are allowed to bear the official “USDA Process Verified” shield and term.

While PVP is a well-established program, a system for verification regarding of non-GMO products had not previously existed.  Responding to market demand, SunOpta, Inc. voluntarily approached USDA and requested a method of formal review.  As a result of SunOpta, Inc.’s action, other agricultural companies will now have the ability to submit to PVP procedures and work towards non-GMO verification.  

Written by M. Sean High - Staff Attorney

May 20, 2015

Labeling of Mechanically Tenderized Beef

On May 13, 2015, the U.S. Department of Agriculture (USDA) announced a new labeling requirement for beef products that have been mechanically tenderized. 

Often called “blading” or “needling,” the practice of mechanical tenderization involves the insertion of a series of razor sharp knives or needles into a piece of beef in an effort to cut through tough connective tissue.   While this process creates a tender piece of meat, it also increases the possibility that food-borne pathogens like E. coli could be pressed deep into the center of the meat.   

Fortunately, food-borne pathogens such as E. coli can be killed through cooking beef above certain temperatures.  Unfortunately, because the process of mechanical tenderization could push these pathogens into the center of a piece of meat, for safe consumption, it may be necessary to employ different cooking methods.  As a result, effective May 2016, USDA will require that all mechanically tenderized beef products carry labels that 1) state that the product is mechanically tenderized and 2) provide the proper instructions on how to safely  cook the product.

Written by M. Sean High - Staff Attorney
May 19, 2015

USDA Receives Petition for Organic Check-off Program

On May 12, 2015, the Organic Trade Association (OTA) submitted a formal petition to the U.S. Department of Agriculture (USDA) requesting the establishment of an organic check-off program. 

Check-off programs are intended to provide specific agricultural industries with a method for furthering promotion and research.  Federally legislated and monitored by USDA, check-off programs are requested, administered, and funded by each specific industry.  Currently, check-off programs exist for the beef, pork, eggs, soybeans, sorghum, and lamb industries.   

According to OTA, an organic check-off program is necessary because many consumers are confused regarding the differences between organic, all natural, and non GMO products.  A check-off program would provide a way for the organic industry to clarify these differences and promote the organic brand.  Furthermore, OTA cites a need to provide the organic industry with research regarding pest management solutions.   

Under OTA’s proposed check-off plan, all organic producers generating $250,000 or more in annual gross organic revenue would automatically be enrolled in the program.  Producers generating less than $250,000 in annual gross organic revenue would have the ability to voluntarily opt into the program.  The program is to be funded through the collection of assessment fees charged to organic producers, organic handlers, and organic importers. 

OTA acknowledges that the main opposition to the organic check-off program is found within the organic community.  Much of this opposition results from a concern that the program will only help large scale organic producers at the expense of small family farms.

 

Written by M. Sean High - Staff Attorney

May 18, 2015

   

USDA Allegedly Creates GMO Labeling Program

On May 14, 2015 the Associated Press (AP) reported that the U.S. Department of Agriculture (USDA) has developed a voluntary certification and labeling program for companies desiring to market their food products as free of genetically modified organisms (GMOs).  According to AP writer Mary Clare Jalonick, the proposed program will establish testing and verification methods to determine whether a company’s food products contain GMOs.  Jalonick asserted that under the program, if USDA determines that a specific food product does not contain GMOs, that food product will be permitted to be labeled as both GMO free and “USDA Process Verified.” Furthermore, Jalonick stated that the labeling program will be voluntary and funded solely by the participating companies.

According to Jalonick, information regarding the proposed GMO labeling program was detailed in an internal USDA letter, issued by Secretary of Agriculture Tom Vilsack on May 1, 2015, and sent to USDA employees.  Jalonick claimed that AP had obtained a copy of the letter in questioned.  Nevertheless, at the time of this post, USDA has not made an official statement regarding the alleged GMO labeling program.

 

To read the entire AP article regarding the alleged USDA GMO labeling program, please click here.

Written by M. Sean High - Staff Attorney
May 15, 2015