Category Archives Department of Agriculture

U.S. Department of Agriculture (USDA) Secretary Tom Vilsack has announced the creation of a Dairy Advisory Committee that will “play an important role in building a more stable market for dairy production for years to come,” according to an agency news release. The two-year committee will specifically review farm milk price volatility and dairy farmer profitability, and offer suggestions on how USDA can best address these issues to meet the dairy industry’s needs. The 15 members will include producers and producer organizations, processors and processor organizations, handlers, consumers, academia, retailers, and state agencies involved in organic and non-organic dairy at the local, regional, national, and international levels. Nominations will be accepted through September 28, 2009. See USDA News Release, August 25, 2009.

The U.S. Department of Agriculture (USDA) and U.S. Department of Justice (DOJ) have announced a series of public workshops “to explore the competition issues affecting the agricultural sector in the 21st century and the appropriate role for antitrust and regulatory enforcement in that sector.” Organized in response to “concerns about changes in the agricultural marketplace, including increasing processor concentration in some commodities,” these meetings will focus on “the dynamics of competition in agricultural markets, including, among other issues, buyer power (also known as monopsony) and vertical integration.” The workshops will also address (i) “the impact of agricultural concentration on food costs”; (ii) “the effect of agricultural regulatory status and other applicable laws and programs on competition”; (iii) “issues relating to patent and intellectual property affecting agricultural marketing and production”; and (iv) “market practices such as price spreads, forward contracts, packer ownership of livestock before slaughter, market transparency, and increasing retailer…

The U.S. Department of Agriculture (USDA) has issued a proposed rule that would create a voluntary labeling program for ‘biobased” products under section 9002 of the Farm Security and Rural Investment Act of 2002, as amended by the Food, Conservation and Energy Act of 2008. According to USDA, “Biobased products are products that are composed wholly or significantly of biological ingredients – renewable plant, animal, marine or forestry materials.” Looking to encourage the increased use of these products in all market sectors, USDA has already identified 15,000 commercially available biobased products across approximately 200 categories, from cleaning products to construction materials. Manufacturers seeking a BioPreferred label must ensure that their items meet or exceed USDA-established minimum biobased content requirements. USDA is accepting comments on the proposed rule until September 29, 2009. See the Federal Register and USDA Press Release, July 31, 2009; Meatingplace.com, August 3, 2009.

The U.S. Senate has reportedly approved a fiscal year 2010 budget for the Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA) that would increase the combined funding for both agencies by 11 percent. Similar to a House of Representatives measure (H.R.2997) passed on July 9, 2009, the $125 billion appropriations bill (S. 1406) includes financial support for farm subsidies, food safety, land conservation, and the federal food stamp program. However, the House version continues a prohibition on cooked chicken imports from China and strips out funding for a voluntary national animal identification systems (NAIS), while the Senate has outlined steps to overturn the Chinese chicken ban and would preserve one-half of the $14.6 million requested by President Barack Obama (D) for NAIS. A House-Senate negotiating panel will meet to reconcile these differences before the bill heads to both chambers for a final vote. “These projects help to…

A federal court in the District of Columbia has dismissed claims that the National Animal Identification System (NAIS) violates a number of federal and state laws, including a religious freedom statute and constitutional protections. Farm-to-Consumer Legal Defense Fund v. Vilsack, No. 08-1546 (D.D.C., decided July 23, 2009). Dubbed in the press as the “mark of the beast” lawsuit, the complaint, brought by farmers “who raise livestock in a sustainable manner,” contends that the U.S. Department of Agriculture (USDA) coerced Michigan’s Department of Agriculture to adopt uniform NAIS requirements that threaten their way of life by gathering information into a national database against their wills and in violation of their religious beliefs. Among the complainants are Amish farmers who apparently believe (i) they have been given dominion and control over animals, and that control has now been given to state and federal agencies; (ii) they are not permitted to take the NAIS…

USDA’s Economic Research Service has issued a report to Congress that assesses the effects of “food deserts,” low-income rural or urban neighborhoods that frequently lack access to affordable, healthy food venues like supermarkets but instead offer convenience and small neighborhood stores that offer few, if any, healthy foods. Public health literature links such access issues to obesity and diet-related diseases. Titled “Access to Affordable and Nutritious Food: Measuring and Understanding Food Deserts and Their Consequences,” the report asserts that “a small percentage of consumers are constrained in their ability to access affordable, nutritious food because they live far from a supermarket or large grocery store and do not have easy access to transportation.” USDA notes that the causes of limited food access varied between urban core areas, which were “characterized by higher levels of racial segregation and greater income inequality,” and small-town and rural areas, where “lack of transportation infrastructure…

The U.S. Department of Agriculture (USDA) and the Canadian Food Inspection Agency have agreed to recognize each other’s organic certifications. As of June 30, 2009, Canada will have national organic standards in place that have been determined to be the equivalent of U.S. National Organic Program requirements. Thus, products meeting U.S. standards can be sold as organic in Canada, and vice versa. The only exception is for products from fields in the United States treated with sodium nitrate; such crops cannot be sold in Canada as organic. The agreement, however, does away with the need for a three-year transition period from sodium nitrate use. According to USDA, “more than 80 percent of Canada’s organic consumption comes from imports, and approximately 75 percent of those imports come from the United States.” The value of the total market for organic products in Canada apparently ranges from $2.1 to $2.6 billion. U.S. Trade…

The U.S. Department of Agriculture (USDA) has apparently resurrected a program that tracks pesticide use on food crops. USDA’s National Agricultural Statistics Service (NASS) conducts pesticide-use surveys, which reportedly provide the only free, publicly available data on the agricultural chemicals applied to crops. Government agencies, environmental groups and academic scientists use the data to evaluate the human health and environmental risks posed by pesticides, and compare the amount of pesticides applied to genetically engineered (GE) versus conventional crops. The Union of Concerned Scientists (UCS) and other groups recently spearheaded a letter-writing campaign urging USDA to restore the program. NASS plans to gather data on pesticide applications to fruit and nut crops in fall 2009. If Congress approves the full funding specified in President Barack Obama’s (D) 2010 budget, the agency will resume data collection for vegetables, major row crops and pesticides applied to crops after harvest. See Food & Environment…

The Center for Science in the Public Interest (CSPI) has called on Agriculture Secretary Tom Vilsack to reverse a policy adopted during the Bush administration that precludes states from using federal nutrition education funds to discourage the consumption of sugar-sweetened beverages. In a June 12, 2009, letter, CSPI Executive Director Michael Jacobson, Director of Legal Affairs Bruce Silverglade and Senior Staff Attorney Ilene Ringel Heller take issue with a 2003 U.S. Department of Agriculture (USDA) memorandum telling state officials that they could not use Supplemental Nutrition Assistance Program (SNAP) funds to disparage or criticize any food. It was apparently issued after Maine launched an ad campaign encouraging residents to reduce their soda consumption. According to CSPI, this policy has been continued under the new administration, appearing in recent SNAP education guidance materials that state, “SNAP-Ed funds may not be used to convey negative written, visual, or verbal expressions about specific foods,…

The U.S. Department of Agriculture (USDA) has issued a proposed rule that would amend its national list of allowed and prohibited substances for organic crop production and organic processing. The rule adds six substances, including the fortified cooking wines marsala and sherry for organic processing, and removes one substance from the list. Written comments must be received by August 3, 2009. See Federal Register, June 3, 2009.

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