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The Biden administration has announced a new U.S. Department of Agriculture (USDA) rule it says will promote inclusive competition and market integrity in the livestock, meat and poultry markets. At a September 26 meeting of the White House Competition Council, President Joe Biden announced the proposed Inclusive Competition and Market Integrity rules under the Packers and Stockyards (P&S) Act “to provide for clearer, more effective standards to govern the modern marketplace.” The proposed rule would revise existing regulations under the P&S Act by prohibiting certain prejudices and disadvantages against covered producers in the livestock, meat and poultry markets and would prohibit retaliatory practices that interfere with lawful communications, assertion of rights and participation in associations, among other protected activities. “Highly concentrated local markets in livestock and poultry have increasingly left farmers, ranchers, growers and producers vulnerable to a range of practices that unjustly exclude them from economic opportunities and undermine…

The U.S. Department of Agriculture is accepting comments on proposed changes to organic standards for livestock and poultry production. Issues addressed in the proposed changes include livestock health care practices, living conditions, transport and slaughter. The many proposed changes include a limit on the types of physical alterations permissible in organic livestock production, such as needle teeth clipping and tail docking in pigs, and the establishment of a distinction between requirements for mammalian living conditions and avian living conditions based on different physiological needs. Comments will be accepted until October 11, 2022.

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has proposed an amendment to a rule requiring that livestock carcasses be “marked with the official inspection legend at the time of inspection in a slaughter establishment” if the carcasses will be processed further at the same location. According to FSIS, the rule was established when slaughterhouses would ship carcasses to different locations for further processing; under “contemporary practices,” “a slaughter establishment typically moves [a carcass], under control, to another department in the same establishment for further processing.” As a result, “marking the carcass on the slaughter floor is often unnecessary,” FSIS asserts. Comments on the proposed rule will be accepted until October 1, 2018.

The U.S. Food and Drug Administration (FDA) has sent a warning letter to Roorda Dairy advising that an investigation of its premises revealed cattle sold for food that tested positive for unapproved antibiotics. The agency purportedly tested muscle tissue and found antibiotics used contrary to the approved label use and found no evidence of veterinary supervision. FDA’s approach to antibiotics in cattle use has been criticized, including a March 2018 New York Times report on the agency’s distinction between antibiotics for growth, which is not allowed, and antibiotics for disease prevention, which is acceptable under FDA standards. In 2017, the World Health Organization recommended ending the routine use of antibiotics in healthy animals.

A New York Times opinion piece has detailed the efforts of Sandy Lewis, an organic cattle farmer, to persuade fellow ranchers and others in the agriculture industry not to administer antibiotics for growth in cattle. Lewis, a former arbitrageur, has called on the U.S. Food and Drug Administration to ban and criminalize the use of antibiotics before cattle are sick, a prophylactic use acceptable under the agency's regulation banning antibiotics for growth promotion. The piece echoes a March 2018 report from the New York Times on the effects of antibiotic use in cattle feed on antibiotic resistance and gut microbes.

A group of organic food producers, retailers and certifiers has published a full-page advertisement in The Washington Post containing the text of a letter to Secretary of Agriculture Sonny Perdue expressing the group’s objection to the withdrawal of the Organic Livestock and Poultry Practices Rule. In the letter, the group says the elimination of the rule is “an affront to the many people and organizations engaged in a multi-year, transparent, and highly participatory process that resulted in an animal welfare standard overwhelmingly supported by organic farmers, organic companies, humane animal care advocates, and consumers . . . . Eliminating the rule not only fails to acknowledge innovation in the organic farming sector and provide fair and transparent rules, it also undermines the faith people have in how organic agriculture is governed.” The letter had 25 signatories, including Organic Valley, Whole Foods Market, the Union of Concerned Scientists, the Humane Society of…

The U.S. Department of Agriculture (USDA) has delayed the effective date of the Organic Livestock and Poultry Practices final rule until May 14, 2018. The rule’s original effective date was set for January 19, 2017. According to the announcement, “significant policy and legal issues addressed within the final rule warranted further review by USDA.” In September 2017, the Organic Trade Association sued USDA for delays in the effective date, including a request for an order to enjoin the agency from further postponing the rule’s implementation.

The U.S. Department of Agriculture (USDA) has announced that it will take no further action to implement the Farmer Fair Practices Rules, which were reportedly created to allow farmers the power to sue corporate entities with whom they had contracted to produce livestock and poultry. In April 2017, USDA announced a delay of the effective date until October 19, 2017, to allow time for further consideration of comments. On October 18, USDA announced that it will not implement the rules because of concerns over potential increases in litigation, vagueness of the draft rules’ language, possible conflicts of law and executive branch directions to use the least burdensome regulations possible. Following USDA's announcement, U.S. Sens. Charles Grassley (R-Iowa) and Jon Tester (D-Mont.) sent a letter to Secretary of Agriculture Sonny Perdue stating that they “vehemently disagree with the decision” because their constituents believe that the current practices of multinational agribusiness corporations,…

A recent study has reportedly used whole genome sequencing (WGS) to retrospectively trace the transmission of methicillin-resistant Staphylococcus aureus (MRSA) from animal to human for the first time. Ewan Harrison, et al., “Whole genome sequencing identifies zoonotic transmission of MRSA isolates with the novel mecA homologue mecC,” EMBO Molecular Medicine, April 2013. According to a March 25, 2013, University of Cambridge press release, U.K. and Danish researchers used WGS to examine two separate cases of MRSA infection in Danish farmers and their animals. The results evidently showed that the MRSA strains under investigation carried the novel mecC gene, which allowed researchers to compare the human infections with those found in the livestock and determine that animals were most likely the source of the new strains. “Having found this new MRSA in both people and animals on the same farm it was likely that it is being transmitted between animals and people. By looking…

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has requested comments on two petitions for rulemaking submitted by animal rights groups seeking reformed regulations concerning “the disposition of non-ambulatory disabled” livestock at slaughter. FSIS also plans to clarify its requirements for “condemned non-ambulatory disabled cattle at official slaughter establishments.” The Humane Society of the United States (HSUS) apparently asked FSIS to “repeal a provision in its ante-mortem inspection regulations that permits veal calves that are unable to rise from a recumbent position and walk because they are tired or cold to be set apart and held for treatment.” Current provisions allow those calves, if found free of disease, “to proceed to slaughter if they are able to rise and walk after being warmed or rested” and ultimately processed for human food. HSUS has petitioned the agency to amend the regulations “to require that non-ambulatory disabled veal calves be…

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