The U.S. Department of Agriculture’s National Organic Standards Board (NOSB) has announced a public meeting slated for May 4-6, 2009, at The Washington Plaza Hotel in Washington, D.C. NOSB committees will present recommendations to the full board for a vote concerning (i) the use or prohibition of 13 petitioned substances for the National List of Allowed and Prohibited Substances; (ii) revisions to the NOSB policy and procedures manual and the Guide for New NOSB Members; (iii) guidance for accredited certifying agents regarding the use of the 100 percent label claim on processed products and the strengthening of the on-farm implementation of the principals of biodiversity and conservatism; (iv) guidance to the National Organic Program (NOP) regarding compliance with the Peer Review requirements of the Organic Foods Production Act and the organic regulations; (v) guidance on standards for the management of bivalves; and (vi) a change to the definition of nonagricultural…
Category Archives Department of Agriculture
A federal court in the District of Columbia has dismissed a lawsuit filed by California almond growers, handlers and grower-handlers against the U.S. Department of Agriculture (USDA) challenging an agency regulation that requires handlers to treat raw almonds grown and sold in the United States to reduce the risk of Salmonella contamination. Koretoff v. Vilsack, No. 08-1558 (D.D.C., decided March 9, 2009). Without addressing the merits of the complaint, the court granted the USDA’s motion to dismiss, finding that the plaintiffs failed to exhaust their administrative remedies, which would have required petitioning the USDA secretary before bringing their action in court, as mandated by statute. Since September 2007, all domestic almonds intended for sale in the United States must be pasteurized by either proplylene-oxide fumigation or steam heat. Growers and handlers reportedly complain that unpasteurized raw almonds demand higher prices, up to 40 percent more, and that foreign suppliers, who are…
The Federal Circuit Court of Appeals has determined that a U.S. Department of Agriculture (USDA) Salmonella rule, which interfered with an egg producer’s sales for about two years, was not a compensable taking under the Fifth Amendment. Rose Acre Farms, Inc. v. U.S., No. 07-5169 (Fed. Cir., decided March 12, 2009). The case involved emergency regulations adopted in 1990 that restricted the sale of eggs from farms identified as infected with a type of Salmonella bacteria. The regulations diverted the eggs from three of Rose Acre’s farms from the table to other uses, such as in cake mixes, for 25 months and thus purportedly reduced the company’s profits. The company brought several lawsuits against the government, and the various issues raised were appealed several times. This appeal involved the “takings” issue only and was before the Federal Circuit for the second time. Under the Fifth Amendment, the government must compensate private…
The U.S. Department of Health and Human Services, Department of Agriculture, and Food and Drug Administration have announced an April 7, 2009, public meeting to discuss agenda items and draft positions for the Codex Alimentarius Commission’s 37th Session of the Codex Committee on Food Labeling (CCFL) slated for May 4-8, 2009, in Calgary, Canada. The CCFL “drafts provisions on labeling applicable to all foods; considers, amends if necessary, and endorses specific provisions on labeling of draft standards, codes of practice, and guidelines prepared by other Codex committees; studies specific labeling problems assigned to it by the commission; and studies problems associated with the advertisements of food with particular reference to claims and misleading descriptions.” In particular, the U.S. agencies are seeking public input about (i) draft codex standards for food labeling; (ii) the implementation of the World Health Organization’s Global Strategy on Diet, Physical Activity and Health; (iii) guidelines for the…
The U.S. Department of Agriculture’s Agriculture Marketing Service (AMS) has announced an opportunity for soybean producers to request a referendum on the Soybean Promotion and Research Order (the Order), as authorized by the Soybean Promotion, Research, and Consumer Information Act. The referendum would require participation by 10 percent of 589,182 eligible producers, provided that one-fifth of the requests do not come from any one state. If these conditions are met, AMS will hold a referendum within 1 year of the request and publish the results in the Federal Register. The agency will accept referendum requests between May 4 and 29, 2009. See Federal Register, March 4, 2009. AMS earlier this week issued a final rule amending the Soybean Promotion, Research and Consumer Information program, also known as the soybean checkoff program, to update the number of eligible soybean producers. The USDA Farm Service Agency (FSA) based its data on information…
The U.S. Department of Agriculture (USDA) has announced that mandatory country-of-origin labeling (COOL) will take effect as scheduled on March 16, 2009. Pursuant to an Obama administration memorandum, USDA reviewed the final rule that requires country-of-origin labeling for muscle cuts and ground beef, veal, pork, lamb, goat, and chicken; wild and farm-raised fish and shellfish; fresh and frozen fruits and vegetables; and peanuts, pecans, macadamia nuts, and ginseng sold by some retailers. Agriculture Secretary Tom Vilsack also issued an open letter to industry that urged companies to adopt several voluntary measures, such as multiple countries-of-origin designations and additional information about each production step. Further noting that the final rule’s definition of processed foods “may be too broadly drafted,” Vilsack stated that COOL might also be applicable to products subject to “curing, smoking, broiling, grilling, or steaming.” Meanwhile, the American Meat Institute (AMI) has reportedly welcomed COOL implementation after taking an active…
With critics and supporters lined up to do battle over President Barack Obama’s proposed $3.55 trillion fiscal year (FY) 2010 budget, the ultimate outcome for proposals relating to food safety and agricultural subsidies is a question mark. Still, the administration has proposed more than $1 billion for the Food and Drug Administration (FDA) to increase inspections of food facilities and protect the nation’s food supply, an additional $1 billion for the U.S. Department of Agriculture’s (USDA’s) child nutrition programs, as well as a $20 billion increase in food stamps. Additional funds would be provided for enforcement of the National Organic Program. To pay for such spending increases, the proposed budget would reportedly phase out direct payments to farmers making more than $500,000 in annual sales, reduce spending on crop insurance premiums, eliminate the promotion of branded agricultural products, and impose user fees at the Grain, Inspection, Packers and Stockyards Administration;…
Agriculture Secretary Tom Vilsack earlier this week canceled a scheduled press conference on mandatory country-of-origin labeling (COOL) regulations, but reportedly told meat industry representatives that USDA intends to pursue stricter COOL guidelines than those approved during the Bush administration. Vilsack has asked meat providers to voluntarily adhere to more stringent standards, noting that the agency will act in the absence of industry direction. In particular, USDA is seeking to extend COOL to some “processed” items, like cured bacon, that are currently exempt from labeling requirements. Vilsack also received a letter from seven U.S. senators asking him to further clarify and restrict the use of multiple country labeling. “These loopholes essentially allow processors to label every product – including exclusively U.S. products and entirely foreign products – under the multiple country category,” stated the letter spearheaded by Senator Byron Dorgan (D-N.D.). The announcement followed an administrative hold issued by the Obama administration…
The Agricultural Marketing Service (AMS) has issued a voluntary standard that livestock producers can use to verify “naturally raised” marketing claims with USDA. The standard apparently took into account more than 44,000 public comments from consumers, veterinarians, trade and professional organizations, national organic associations, consumer, agriculture and animal advocates, and retail and meat companies. AMS concurred with the majority of comments requesting “that the three core criteria proposed (animals raised without growth promotants and antibiotics and have never been fed mammalian or avian byproducts) should be a part of a naturally raised marketing claim standard,” but declined to further narrow the scope of the standard because the agency felt additional restriction would limit its usefulness. “A number of livestock producers make claims associated with production practices in order to distinguish their products in the marketplace,” according to AMS. “This voluntary standard will allow livestock producers to utilize AMS’ voluntary, third…
USDA this week issued a final rule for its mandatory country-of-origin labeling (COOL) program, which applies to beef, pork, lamb, chicken, goat meat, wild and farm-raised fish and shellfish, perishable agricultural commodities, peanuts, pecans, ginseng, and macadamia nuts. USDA had previously published an interim final rule in advance of a September 30, 2008, implementation deadline to incorporate changes required by the 2008 Farm Bill, including the addition of several agricultural commodities. Effective March 16, 2009, the final rule takes into account public comments on the interim version. In particular, the rule clarifies USDA’s position on multiple countries of origin labeling and eliminates allowances for commodities of U.S. origin to retain this designation if processed or handled in foreign countries. The final rule also upholds a provision criticized by the Ranchers-Cattlemen Legal Fund (RCALF) that excludes processed food ingredients from COOL regulations. “Publication of the final rule may alleviate some of…
