| Branch of Gov’t | Status | Taking action | Deadline | Sources of Additional Information | |
| HR 2749 | House of Representatives | Passed the House on July 29, 2009 | No action needed at this time | None | Read the bill: http://thomas.loc.gov/ (HR 2749) |
| S510 | Senate | In Committee; marked up November 18 | Contact Senate members | Ongoing | Read the bill: http://thomas.loc.gov/ (S510)
See Action Alert by the National Sustainable Agriculture Coalition http://sustainableagriculture.net/take-action/food-safety-action-alert/ |
| S2758 | Senate | Introduced; Referred to committee | CALL NOW | Ongoing | Read the bill: http://thomas.loc.gov/
(S2758)
See Action Alert by the National Sustainable Agriculture Coalition http://sustainableagriculture.net/take-action/food-safety-action-alert/ |
| PAMTA | Congress | In Committee; no action scheduled | CALL NOW | Ongoing | Read the bill: http://thomas.loc.gov/ (S619; HR 1549)
Action Alert from Union of Concerned Scientists: |
| Leafy Greens | USDA – Agricultural Marketing Service | In review at USDA; may be released as a proposed rule; no date has been set | No action needed at this time; Action will be needed if the USDA releases a Notice of Proposed Rulemaking. | None | Read the proposal from USDA: http://tinyurl.com/m7g4l3
Information from The Cornucopia Institute: http://www.cornucopia.org/2009/09/fresh-market-vegetable-growers-and-handlers-the-usda-needs-to-hear-from-you/ |
| Almonds | USDA – Agricultural Marketing Service | The rule is in effect; a lawsuit against USDA was dismissed; appeal will be filed; no date has been set | No action needed at this time; legal counsel for organic almond farmers is preparing to appeal the court’s decision. | None | Donate to the Authentic Almond Legal Campaign: http://www.cornucopia.org/almonds/ |
| FDA Guidance | FDA | Proposed rule; FDA accepting comments at this time; comment period ends May 24, 2010. | Submit public comment to FDA | May 24, 2010 | Submit comments to FDA through www.regulations.gov |
Table of Contents
- Food Safety Legislation (HR2749 and S510)
- Growing Safe Food Act (S2758)
- Preservation of Antibiotics for Medical Treatment Act (HR1549 and S619)
- National Leafy Greens Marketing Agreement
- Mandatory “Pasteurization” of Almonds
- FDA Guidance to Industry
Food Safety Legislation (HR 2749 and S510)
Government Branch:
Congress
Overview:
Bills in Congress propose to give more authority to the Food and Drug Administration to regulate for food safety, including the authority to inspect food processing facilities and order mandatory recalls.
Allowing the FDA to crack down on corporate food producers that threaten our citizenry’s health is a step in the right direction — as long as legislation contains protections for small-scale, organic and local food systems.
How would it affect small-scale, organic farmers?
The bills propose to grant FDA the authority to regulate produce growers. Small farms could be forced out of business by increasing costs for record-keeping, testing and other measures.
The House bill also proposes a $500 registration fee for all farms that process food, such as jams, cheese and maple syrup. While $500 may be a small price to pay for large-scale food processors, it is a prohibitively high cost for many small-scale farmers engaged in value-added processing. Currently, the Senate bill contains no fee proposal. The fee issue will likely resurface when the Senate and House bills must be reconciled before a final bill is sent to the President.
Current Status:
The House passed HR 2749 on July 29, 2009.
The Senate bill, S510, has cleared the Senate HELP committee and is now up for a vote in the Senate.
If the Senate adopts a version of S510, the House and Senate will conference and develop a compromise bill, which must be signed into law by the President.
Sources of Information:
Read the bill: Read the text of the bill, summaries, updates.
Search for “S510” to view the Senate bill and “HR2749” to view the House bill.
Action Alert for House vote (Action Alert ended):
Take Action:
The best thing to do at this time is to contact your Senator urging him/her to cosponsor S2758. See action alert by National Sustainable Agriculture Coalition, http://sustainableagriculture.net/take-action/food-safety-action-alert/
Growing Safe Food Act (S2758)
Arena:
Senate
Overview
Senator Debbie Stabenow (D-MI) has introduced the Growing Safe Food Act (S. 2758) to create a national food safety training and technical assistance program. It would deliver training and technical assistance appropriate to small and mid-scale farms to reduce the incidence of food borne illness.
How would it affect small-scale, organic farmers?
S2758 would not unduly burden small-scale producers; in fact, it would benefit them in several ways. First, the bill defines “small and medium-scale farm” as one whose market value of agricultural products does not exceed $1 million per year. The bill proposes to establish a competitive grant program to provide food safety training, education, extension, outreach, and technical assistance to farmers, processors, and produce wholesalers. Small and medium-scale farmers, small processors and small wholesalers will be given priority for these grants.
The bill also aims to promote and protect organic and sustainable farmers, by specifying that “the Secretary shall encourage projects to include features that provide training, education, extension, outreach, and technical assistance in sustainable agriculture and conservation systems.” The bill also states that “The Secretary may make grants to projects that target farms that have, or are transitioning to, certified organic production” and that “projects shall be consistent with the national organic program established under the Organic Foods Production Act of 1990.”
The bill specifies that the program should be carried out in a manner that integrates food safety standards and guidance with sustainable agriculture and conservation systems.
Current Status:
Introduced on November 9, 2009. Referred to the Committee Agriculture, Forestry and Nutrition
Sources of Information:
Read the bill: Read the text of the bill, summaries, updates.
Search for “S2758”
Take Action:
Action Alert by the National Sustainable Agriculture Coalition
http://sustainableagriculture.net/take-action/food-safety-action-alert/
Preservation of Antibiotics for Medical Treatment Act (HR 1549 and S619)
Arena:
Congress
Overview:
The overuse of antibiotics in intensive, industrial-scale livestock production leads to antibiotic resistance—a serious and growing public health concern.
The Preservation of Antibiotics for Medical Treatment Act (PAMTA) of 2009 proposes to amend the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to deny an application for a new animal drug that is a critical antimicrobial animal drug unless the applicant demonstrates that there is a reasonably certainty of no harm to human health due to the development of antimicrobial resistance attributable to the non therapeutic use of the drug.
If passed, the bill would require the Secretary to withdraw approval of a non-therapeutic use of such drugs in food-producing animals two years after the date of enactment of this Act unless certain safety requirements are met.
How would it affect small-scale, organic farmers?
If passed, the bill would not affect organic livestock producers, who are already prohibited from selling meat or animal products from animals that were given non-therapeutic antibiotic drugs.
Current Status
House bill is in Committee; Committee hearings were held July 2009.
Senate bill is in Committee; no action has been taken.
Sources of information
Read the text of the bills: http://thomas.loc.gov/
(search for bill number: HR 1549 and S619)
Read the Union of Concerned Scientists' analysis: http://www.ucsusa.org/food_and_agriculture/solutions/wise_antibiotics/pamta.html
Take Action
The Union of Concerned Scientists proposes that you write to or call your members of Congress to tell them to support the Preservation of Antibiotics for Medical Treatment Act.
If your Senator or Representative is not already a co-sponsor of the bill, encourage them to co-sponsor.
For more information on how to take action: http://www.ucsusa.org/food_and_agriculture/solutions/wise_antibiotics/pamta.html
National Leafy Greens Marketing Agreement
Arena:
United States Department of Agriculture; Agricultural Marketing Service.
Overview:
Representatives of large-scale, monoculture agriculture have proposed a marketing agreement to self-regulate for food safety.
Marketing agreements allow a committee of industry representatives to develop and enforce nationwide rules on handlers who become signatories to the agreement. Farmers must choose between following these rules or selling to a non-signatory handler—something which will be nearly impossible if the majority of handlers signs on.
How would it affect small-scale, organic farmers?
Effect on the small-scale and organic farming community: If accepted by the USDA, this proposal would allow industrial-scale growers and handlers to form a 23-member committee that would impose standards (“metrics”) for the production of leafy greens on every grower who wishes to sell wholesale. This will place unnecessary burdens on small-scale and diversified growers, since it is unlikely that the metrics will take into account their needs and concerns.
Effect on consumers: The Cornucopia Institute is concerned that giving industry representatives control over food safety does a disservice to our citizenry’s need for safer food—that is appropriately the job of independent scientists and regulators. Not only will this proposed marketing agreement create a false sense of security, but it will further fragmentize our already disjointed food safety system.
Effect on diversified farmers: If a marketing agreement for leafy greens is accepted, there is no telling how many other crops will fall under a separate marketing agreement in the future. Having separate metrics for separate crops may suit monoculture growers, but will overwhelm diversified growers who market tens of different crops.
Current Status:
The USDA held hearings around the country from September 22-October 22, 2009 to provide an opportunity for the public to convey their evidence and views regarding the proposed marketing agreement. The Cornucopia Institute testified in opposition to the proposal, along with the National Organic Coalition and numerous other advocacy groups and small-scale farmers.
The USDA will issue a Notice of Proposed Rulemaking if it decides to propose a National Leafy Greens Marketing Agreement, and the public will have additional opportunity to comment.
Sources of Information:
From USDA: Information from USDA and Updates:
From The Cornucopia Institute: Background, Concerns and Talking Points.
From Food and Water Watch: A report titled “Bridging the GAPs: Strategies to Improve Produce Safety, Preserve Farm Diversity and Strengthen Local Food Systems.”
http://www.foodandwaterwatch.org/food/pubs/reports/bridging-the-gaps
Take Action:
No action is requested from the general public. Individuals who are interested in submitting comments when the USDA releases a Notice of Proposed Rulemaking may sign up to receive Cornucopia Institute Action Alerts at www.cornucopia.org.
Mandatory “Pasteurization” of Almonds – Almond Board of California Marketing Order
Arena:
United States Department of Agriculture; Agricultural Marketing Service
Overview:
A USDA mandate requires raw almonds to be sanitized using treatment processes that the industry generously describes as “pasteurization.” The rule was proposed by the Almond Board of California through a marketing order that affects the entire California almond community (99% of American-grown almonds are grown in California).
The rule requires sanitation of domestic raw almonds sold in Mexico, Canada, and the U.S. with a toxic fumigant or treatment with high-temperature heat. The scheme imposes significant financial burdens on small-scale and organic growers, lacks scientific justification, damages domestic almond markets, and does not address the unsustainable methods used on the industrial-scale almond orchards where the only two documented Salmonella outbreaks have occurred.
How does it affect small-scale, organic farmers?
It is unreasonable to require small-scale and organic farms to pay the additional costs of pasteurization since they were never part of the Salmonella problem. The equipment to pasteurize almonds is very expensive. A propylene oxide chamber costs $500,000 to $1,250,000, and a roasting line can cost as much as $1,500,000 to $2,500,000. Smaller, family-operated handlers that buy almonds from small, family-owned almond growers, and cater to the organic and natural foods markets, have not been able to afford such expensive equipment.
In addition to the costs of the chemical and steam treatments, more costs are incurred by transporting the almonds to pasteurization facilities, as well as documenting the procedures. Many small-scale farmers market raw almonds directly, and this additional step is financially burdensome.
Current Status:
The rule went into effect in September, 2007. A lawsuit seeking to overturn the almond pasteurization rule was filed on Sept. 9, 2008 in the Washington, D.C. federal court after an attempt to craft a compromise with the USDA failed. Eighteen almond farmers and handlers were plaintiffs in the original complaint.
Lawyers for almond farmers challenging the USDA’s controversial raw almond pasteurization mandate have filed new motions asking the judge to reconsider several key points in her March 9, 2009 dismissal of the lawsuit on procedural grounds. In her decision, Washington, D.C. Federal District Court judge Ellen Segal Huvelle’s ruled that the almond farmers have no right to have their substantive concerns about the raw almond treatment scheme heard in court.
Judge Huvelle refused to change her ruling, so an appeal was filed on December 8, 2009 and pursued at the next judicial level. Plaintiffs now number 12, as handlers and processors are no longer involved in this particular litigation, a tactical decision to raise the potential for success.
Sources of Information:
From The Cornucopia Institute: Fact sheet, court case, updates:
http://www.cornucopia.org/almonds/
Take Action:
Concerned citizens can take action by financially supporting the legal battle for raw almonds. http://www.cornucopia.org/almonds/
FDA Proposed Standards: Preventive Controls for Fresh Produce
Arena:
Food and Drug Administration; Center for Food Safety and Applied Nutrition
Overview:
On August 3, 2009, FDA made available to the public guidance documents that are intended to assist domestic firms and foreign firms exporting tomatoes, melons and leafy greens to the United States (U.S.) by recommending practices to minimize the microbial food safety hazards of their products throughout the entire supply chain. It identifies some, but not all, of the preventive measures that firms may take to minimize these food safety hazards. The comment period ended in January 2010.
FDA is now establishing a docket in order to provide an opportunity for interested parties to provide information and share views that will inform the development of: (1) Safety standards for fresh produce at the farm and packing house and (2) strategies and cooperative efforts to ensure compliance.
How would it affect small-scale, organic farmers?
If FDA enacts mandatory rules in the future, these guidance documents will likely become the basis for them. First, issuing a separate guidance document for every type of crop burdens diversified farmers who will need to keep track of numerous sets of standards. Second, the guidance documents do not currently take into account the different levels of risks associated with different farming practices and regulates all farms with one-size-fits-all rules.
FDA is currently seeking public comment on the standards for domestic and international growers and packers. Specific questions of interest to small-scale and organic farmers include: identification and prioritization of risk factors; the impact of scale of growing operations on the nature and degree of possible food safety hazards; approaches to tailoring preventive controls to the scale of an operation so that the controls achieve an appropriate level of food safety protection and are feasible for a wide range of large and small operations; coordination of produce food safety practices and sustainable and/or organic production methods; coordination of produce food safety practices and environmental and/or conservation goals and practices, and many more.
Current Status:
FDA has released drafts of its guidance documents and accepted comments from the public on these guides until January 4, 2010. FDA is currently accepting comments regarding preventive controls for fresh produce. Visit www.regulations.gov and search for docket no. FDA-2010-N-0085.
Sources of Information:
From FDA:
Notice for Preventive Controls for Fresh Produce; Request for Comments is available on www.regulations.gov.
Draft Guidance on Leafy Greens:
Draft Guidance on Melons:
Draft Guidance on Tomatoes: http://www.fda.gov/Food/GuidanceComplianceRegulatoryInformation/GuidanceDocuments/ProduceandPlanProducts/
ucm173902.htm
Take Action:
Submit comments on Preventive Controls for Fresh Produce by May 24, 2010. Visit www.regulations.gov and search for Docket No. “FDA-2010-N-0085” or go directly to: