A federal court in the District of Columbia has denied the request of the Black Farmers & Agriculturalists Association, Inc. to intervene in lawsuits brought by female and Hispanic farmers against the U.S. Department of Agriculture (USDA) alleging gender and race bias in the administration of farm loan and disaster benefit programs. Love v. Vilsack, No. 00-2502 (D.D.C., decided June 13, 2014). Additional information about the gender discrimination claims appears in Issue 374 of this Update. The association was not a member of the settlement class established to resolve the claims of African-American farmers who failed to file claims for administrative adjudication before the deadline expired in Pigford v. Glickman (Pigford I). Those missing the deadline saw their claims revived under the 2008 Farm Bill and consolidated in litigation collectively known as Pigford II. Details about that litigation appear in Issue 395 of this Update. The association sought (i) a declaration…
Category Archives Department of Agriculture
The U.S. Department of Agriculture (USDA) has issued an order requiring pork producers, veterinarians and diagnostic laboratories to report new incidents of porcine epidemic diarrhea virus (PEDv) and porcine deltacoronavirus to state health officials or USDA’s Animal and Plant Health Inspection Service. The order formalizes measures announced in April to combat the spread of PEDv, which has killed some seven million piglets since it was identified in early 2013. USDA also announced $26.2 million to fund a variety of activities to combat the diseases and support affected producers, including vaccine development, state management and diagnostic testing. More information on the April announcement appears in Issue 521 of this Update. Issue 526
The Center for Science in the Public Interest (CSPI) has filed a complaint against the U.S. Department of Agriculture and Food Safety and Inspection Service, seeking a declaration that the agencies have unreasonably delayed taking action on its May 2011 petition requesting that certain strains of antibiotic-resistant (ABR) Salmonella in ground meat and poultry be declared adulterants. CSPI v. Vilsack, No. 14-895 (D.D.C., filed May 28, 2014). Details about CSPI’s petition appear in Issue 396 of this Update. According to the nutrition and health advocacy organization, if these pathogens are declared adulterants, affected meat and poultry products would be barred from entering commerce, and the action “would also confirm the agency’s authority to request without evidence of illness that a company recall products containing ABR Salmonella, or—in the absence of a company’s voluntary compliance—to detain and seize those products.” The complaint refers to a number of Salmonella outbreaks, some involving…
According to a new Animal Welfare Institute (AWI) report titled “Label Confusion: How ‘Humane’ and ‘Sustainable’ Claims on Meat Packages Deceive Consumers,” the U.S. Department of Agriculture (USDA) fails to verify the accuracy of label claims on most meat and poultry products sold in the United States. The report suggests that food label claims used on millions of meat packages lack “any apparent verification, and AWI has asked USDA to require independent third-party certification. Noting that the use of animal welfare and sustainability claims has increased dramatically during the past decade as consumers become more aware of—and concerned about—the well-being of animals raised for food and the purported negative impacts of animal agriculture on the environment, AWI contends that the public’s interest in these claims makes them ripe for exploitation. During the past three years, AWI researched the USDA approval process for 25 animal welfare and environmental claims, such as…
With an aim to “improve public awareness of product identities by providing truthful and accurate labeling of meat and poultry products,” the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has submitted its final rule for labeling products that contain an “added solution” to the federal Office of Management and Budget for review. Observing that “without adequate labeling information, consumers cannot distinguish between raw meat and poultry product[s] that contain added solutions and single-ingredient meat and poultry products,” FSIS proposes that all meat and poultry products, raw or partially cooked, that contain at least a 3 percent saline or other liquid solution or marinade, bear a label stating that the product has been “enhanced” with solution. The agency estimates a one-time total cost to modify all federally inspected meat labels of about $80 million. Issue 523
The Campaign for a Commercial-Free Childhood (CCFC) and Corporate Accountability International (CAI) published an April 25, 2014, letter to U.S.Department of Agriculture (USDA) School Programs Branch Chief Julie Brewer, criticizing a proposed rule that would require schools “to implement policies for the marketing of foods and beverages on the school campus during the school day consistent with nutrition standards for Smart Snacks.” According to the letter, the proposal not only gives a “green light” to food marketing in schools, but “opens the floodgates for many other types of marketing in schools.” Claiming that “the commercialization of childhood is linked to a host of problems facing children today that extend well beyond the consumption of unhealthy foods,” CCFC and CAI have asked USDA to acknowledge that “commercial-free school environments are preferable to those that allow marketing.” The letter also takes issue with the agency’s “Smart Snacks” program, alleging that the nutrition…
The U.S. Department of Agriculture’s (USDA’s) National Organic Program (NOP) has issued final guidance on the use of “Made with Organic” claims on product labeling. According to NOP, the guidance seeks to clarify “the following aspects of products in this labeling category”: (i) “composition”; (ii) “compliant organic labeling claims”; (iii) “organic and nonorganic forms of the same ingredient”; (iv) “percentage of organic ingredients statements”; and (v) “ingredients or food groups in the ‘made with organic’ claim.” Available through “The Program Handbook: Guidance and Instructions for Accredited Certifying Agents and Certified Operations,” the new policies reflect NOP’s current thinking on organic product labeling. In particular, “Made with Organic” products “must contain at least 70 percent organic ingredients, excluding salt and water”; “may contain up to 30 percent nonorganic ingredients,” provided any nonagricultural ingredient is allowed by the National List of Allowed and Prohibited Substances; and “must not contain any ingredient that was produced…
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued guidance for identifying, controlling and labeling allergens and other ingredients of public health concern through hazard analysis and critical control point (HACCP) plans, standard operating procedures (SOPs) or other prerequisite programs. Geared toward meat and poultry products, the guidance seeks to ensure “that product labels declare all ingredients, as required in the regulations, and that the product does not contain undeclared allergens or other undeclared ingredients.” In particular, the agency points to “a sustained increase in the number of recalls of FSIS-regulated products that contained undeclared allergens,” noting that such recalls are “preventable, as many have been due to ingredient changes, product changes, products in the wrong package, or products with misprinted labels.” In addition to establishing best practices for SOPs and HACCP plans, the recommendations clarify how to properly process, handle, store, and label a product…
The U.S. Department of Agriculture (USDA) has announced that it will require reporting of Porcine Epidemic Diarrhea Virus (PEDv) and Swine Delta Coronavirus infections to curb the spread of the diseases. In addition, USDA will track “movements of pigs, vehicles, and other equipment leaving affected premises.” Hog farms in 29 states have already reported incidents of PEDv, which has killed more than six million piglets since it was first identified last spring. The virus poses no food safety concerns because it only affects pigs, but it has contributed to higher domestic pork prices. No PEDv vaccine is approved for use in the United States, but earlier this month, six senators from pork-producing states pressed Senate subcommittee leaders to provide funding to develop a vaccine for PEDv and Swine Delta Coronavirus. See Agriculture Secretary Tom Vilsack Announcement, April 18, 2014. Issue 521
The D.C. Circuit Court of Appeals has affirmed a lower court ruling denying the motion for preliminary injunction filed by meat producer interests in litigation challenging U.S. Department of Agriculture (USDA) regulations requiring retailers of “muscle cuts” of meat to list the countries of origin and production (country-of-origin labeling or COOL) as to each step of production—born, raised or slaughtered. Am. Meat Inst. v. USDA, No. 13-5281 (D.C. Cir., decided March 28, 2014). The regulations at issue were adopted in 2013 in response to a World Trade Organization (WTO) ruling finding their predecessor to violate the WTO Agreement on Technical Barriers to Trade. They “increased the required level of precision” to address each production step and also “eliminated the special allowance for commingled meat.” The plaintiffs argued that the amended rules ban commingling and thus alter “production practices over which the COOL statute gives the Secretary no authority,” and that the…
