Public Employees for Environmental Responsibility (PEER) has filed a petition with the U.S. Department of Agriculture (USDA) arguing that the agency does not adhere to the goals of its Scientific Integrity Policy because the policy “fails to clearly prohibit political suppression and interference.” The policy was released in 2013 after President Barack Obama directed executive department heads to promote scientific integrity within each department, and PEER argues that USDA’s policy does not protect its scientists to the extent that other agencies’ policies protect theirs. USDA’s policy fails its scientists, PEER argues, because it does not (i) include political suppression and interference in its definition of misconduct; (ii) establish procedures for handling scientific integrity complaints; (iii) protect whistleblowers; or (iv) include “any process or mechanism for preventing politically motivated suppression or for challenging it once it occurs.” PEER also argues that USDA has failed to adhere to its policy because it…
Category Archives Department of Agriculture
The Center for Food Safety, Center for Environmental Health and Beyond Pesticides have filed a lawsuit against the leaders of the U.S. Department of Agriculture (USDA), Agricultural Marketing Service and National Organic Program (NOP) arguing that USDA failed to allow public comments on a contaminated compost rule before issuing a guidance document on the subject. Ctr. for Envtl. Health v. Vilsack, No. 15-1690 (N.D. Cal., filed April 14, 2015). The 2011 guidance at issue allows organic producers to use compost materials treated with pesticides. According to the complaint, “NOP regulations expressly prohibit fertilizers and compost from containing any synthetic substances not included on the National List” of approved exceptions, but the Contaminated Compost decision “contravened that legal requirement, purporting to establish that organic producers may in fact use these contaminated plant and animal materials in compost under certain circumstances.” The decision was never subject to public comment, the plaintiffs argue,…
The U.S. Supreme Court has heard arguments in a case brought by raisin farmers against the U.S. Department of Agriculture (USDA) alleging that a federal program requiring a portion of the yield to be set aside amounted to a taking of their property, thus requiring just compensation. Horne v. USDA, No. 14-275 (U.S., oral arguments heard April 22, 2015). According to news reports, the justices appeared to favor the raisin farmers’ arguments. “You come up with the truck, and you get the shovels, and you take their raisins—probably in the dark of the night,” Chief Justice John Roberts reportedly said. At another point in the proceedings, he called the program’s requirement “a classic, physical taking.” Justice Antonin Scalia reportedly called the program “ridiculous” and compared its structure to communism (“Central planning was thought to work very well in 1937. Russia tried it for a long time.”), and Justice Samuel Alito asked…
The U.S. Department of Agriculture’s Food Safety and Inspection Service has announced a June 17, 2015, public meeting in Washington, D.C. to provide information and receive comments about draft U.S. positions to be discussed during the 38th Session of the Codex Alimentarius Commission in Geneva, Switzerland, July 6-11. Agenda items at the June 17 meeting include (i) proposed amendments to the procedural manual; (ii) amendments to Codex standards and related texts; (iii) implementation status of the Commission’s five-year strategic plan; and (v) relations between the Commission and other international organizations. See Federal Register, April 22, 2015. Issue 562
Several policy groups, including Food & Water Watch and the Center for Food Safety, have filed a lawsuit challenging a U.S. Department of Agriculture (USDA) procedural change in how ingredients are removed from the National List, a list of synthetics exempted from the Organic Foods Production Act (OFPA). Ctr. for Food Safety v. Vilsack, No. 15-1590 (N.D. Cal., filed April 7, 2015). The National List catalogs synthetic and prohibited natural substances that may be used in organic farming despite not being inherently organic because the substances (i) have been determined by USDA not to harm human health or the environment, (ii) cannot be replaced with an organic alternative and (iii) are consistent with organic farming and handling. The groups challenge a 2013 revision to the process for removing an exempted substance from the National List. OFPA created a sunset provision that removed substances from the list—thereby prohibiting their use in…
The U.S. Department of Agriculture (USDA) has scheduled an April 7-8, 2015, public meeting of the Grain Inspection, Packers and Stockyards Administration (GIPSA) Advisory Committee at the National Grain Center in Kansas City, Missouri. Topics of discussion will reportedly include service delivery updates, utilizing new technology to conduct inspections, quality assurance updates, and the reauthorization status of user fees paid by official agencies. See Federal Register, March 16, 2015. Issue 559
The World Health Organization (WHO) has recommended that adults and children reduce their daily intake of added sugars to less than 10 percent of their total daily energy intake. In addition, WHO calls for consumers to limit their consumption of added sugars to less than 25 grams (6 teaspoons) for further health benefits. The new advice follows the release of the U.S. Department of Health and Department of Agriculture’s proposed Dietary Guidelines for Americans, which would set similar limits for glucose, fructose and sucrose added to food and drink by manufacturers, retailers or consumers. “We have solid evidence that keeping intake of free sugars to less than 10% of total energy intake reduces the risk of overweight, obesity and tooth decay,” said Francesco Branca, director of WHO’s Department of Nutrition for Health and Development, in a March 4, 2015, press release. “Making policy changes to support this will be key…
The U.S. Department of Agriculture’s Agricultural Marketing Service is hosting an April 27-30, 2015, public meeting of the National Organic Standards Board (NOSB) in La Jolla, California. The event will serve as NOSB’s final review of substances with sunset dates in 2016, and sessions will include those covering reports from the Materials, Livestock, Crops and Handling subcommittees. The tentative agenda, relevant proposals and information about the comment submission and meeting registration process are available here; the deadline for submitting written comments or registering to make oral comments at the meeting is April 7. See Federal Register, March 12, 2015. Issue 558
The U.S. Department of Agriculture’s (USDA’s) Animal and Plant Health Inspection Service is soliciting public comment on its current list of select agents and toxins with the potential to pose a severe threat to animal or plant health or to animal or plant products. The agency’s biennial review and republication of the list is required under provisions of the Agricultural Bioterrorism Protection Act of 2002. Criteria for determining whether an agent or toxin is placed on the list include the (i) effect of exposure to the agent/toxin on animal or plant health and on the production and marketability of animal or plant products; (ii) pathogenicity of the agent/toxin and the methods of transference to animals or plants; and (iii) availability and effectiveness of pharmacotherapies and prophylaxis to treat and prevent any illness caused by exposure to the agent/ toxin. Comments should be submitted by April 28, 2015. See Federal Register,…
The 14-member committee charged with developing the federal government’s "2015 Dietary Guidelines for Americans” has issued its report containing recommendations for promoting consumption of foods and beverages that assist in maintaining a healthy weight and preventing disease. The U.S. Department of Health and Human Services (HHS) and Department of Agriculture (USDA) are soliciting written comments about the committee’s report as well as offering the opportunity to provide oral comments at a March 24, 2015, public meeting in Bethesda, Maryland. Recommendations include following a diet low in saturated fat, added sugars and sodium, i.e., “less than 2,300 mg dietary sodium per day (or age-appropriate Dietary Reference Intake amount), less than 10 percent of total calories from saturated fat per day, and a maximum of 10 percent of total calories from added sugars per day.” The committee discourages consumption of sugar-sweetened beverages. Issue 556
