Food Safety Laws vs Small Farmers

Submitted by farmer leaf on April 7, 2009 - 3:02pm.

From our Farm BLOG - Notes from the Farm - 32
4/7/2009 7:43am

Congress is feeling pressure to respond to food industry incidences of contaminated processed meat and peanut butter. However in their drive to act, several "one-size-fits-all" bills have now been proposed, that if enacted, could very well act as a defacto frontal assault against organic farmers and gardeners. It will be called the Food Safety Modernization Act of 2009.

H.R. 875: Food Safety Modernization Act of 2009 is: To establish the Food Safety Administration within the Department of Health and Human Services to protect the public health by preventing food-borne illness, ensuring the safety of food, improving research on contaminants leading to food-borne illness, and improving security of food from intentional contamination, and for other purposes. Now this sounds like a good thing, except all the disease and contamination seem to be coming from Industrialized Agri-business, not small independent organic farmers.

Congressional Bill HR 875 was introduced by Congresswoman Rosa DeLauro,(D) whose husband Stanley Greenburg works for Monsanto. And now Monsanto wants its own employee, Michael Taylor (the man who forced genetically engineered rBGH (increases milk production) on the country when the Clintons placed him over “food safety” in the 90’s) back in government, this time to act with massive power as a “food safety czar”. HR 875 could give him immense power over what is done on every single farm in the country and massive policing authority to wield over farmers.

Monsanto is a powerful entity that has repeatedly proven its clout. Monsanto has already managed to lead the world into a new age of potentially hazardous genetic modification of seeds. Patenting not only their own GMO seeds, but also a huge number of heirloom crop seeds, patenting life forms for the first time — without a vote of the people or Congress. Once Monsanto has patented an heirloom seed, it results in not allowing farmers to legally save their seeds to replant the next year – a practice that has been done since the birth of agriculture. They have even sued farmers who have not been able to prevent the inevitable drift of Monsanto’s GE (genetically engineered) pollen or seed onto their land for patent infringement!

Perhaps their biggest assault to our food supply already is what’s known as terminator technology. These are seeds that have been genetically modified to “self-destruct.” In other words, the seeds (and the forthcoming crops) are sterile, which means farmers must buy them again each year. The implications that terminator seeds could have on the world’s food supply are nothing short of disastrous: the traits from genetically engineered crops can get passed on to other crops. Once the terminator seeds are released into a region, the trait of seed sterility could be passed to other non-genetically-engineered crops, making most or all of the seeds in the region sterile. If allowed to continue, every farmer in the world could come to have to rely on Monsanto for their seed supply! With thousands of organic farmers driven out of business, they would be that much closer to dominating the food supply of the world, since organic farms don’t use either Monsanto seeds or toxic products.

Based on their overseas seed patenting history, (especially in India) Link... I believe it’s prudent to question what the future of our small farms will hold, should a bill with such blatant ties to Monsanto be allowed to pass without further scrutiny. It is quite possible, perhaps even most probable, that the bill entitled H.R. 875: Food Safety Modernization Act of 2009 is designed to halt the growing trend of small organic farms by insidiously creating punitive rules and laws, having little to do with food safety, that will make it extremely difficult, and incredibly expensive, for small farms to fully comply. And in this case, these rules and regulations created by this proposed bill are mandatory, not voluntary, meaning they apply equally to a tiny farmer with half a dozen cows as it does to a massive factory farm.

Some of the potential hazards of HR 875 could include small farmers who just sell their fruits and vegetables at farmer’s markets. Anyone engaged in food growing, or “holding food for consumption” in the U.S. would have to register annually, and create and maintain extensive records of the foods they grow and/or store.

It appears it could dictate how all food growers would have to grow their food, including potentially, the necessity to use certain pest control measures, for example. Authorities would have the ability to inspect any food production facility at random to make sure it’s operating in compliance with the food safety law, and again the definition of “food production facility” is so loosely defined it could apply to your personal orchard, vineyard, or vegetable garden, as long as it produces something edible.

After the enactment of this Act, the Administrator, in consultation with the Secretary of Agriculture and representatives of State departments of agriculture will promulgate regulations to establish “science-based minimum standards for the safe production of food” by food production facilities. Meaning, no one even knows what the food production standards are yet, but whatever they turn out to be will have to be followed. It is prohibited to: fail to register; refuse to permit access to an inspector; refuse to allow copying of all records; fail to establish or maintain any record required under the law. Should you fail to comply with any of the rules and regulations, there are both civil and criminal penalties, going as high as $1 million per violation, something that could clearly wipe out any small farmer in a blink of an eye.


farmer leaf's picture
When we don't pay

attention to the bigger picture, all sorts of nasty things happen that will negatively affect us for a long time. This could be a major health issue. I would hope to have at least some discussion about the issue.
I have not gone off my rocker, read the link in the above blog.- (especially in India)

Living and teaching Earth friendly sustainable agricultural practices.

onetahiti's picture
Thanks for the info, Farmer Leaf

I called my Senators and Representative about this and so far have told friends in Hawaii, Alaska, California, Arizona, Massachusetts, New York, Connecticut, and Maryland to do the same. :)

-- OneTahiti

farmer leaf's picture
What is the truth

about HR 875? Since I posted this blog on both RoaneViews and Our farm website, I have been visiting various sites to try and learn more about the "Food Safety and Modernization Act of 2009." It starts to get pretty confusing wading through the hyperbole and alarmist hysteria. This is what I have come up with so far.

It seems that Congress is under pressure to do something about food safety after the peanut butter fiasco. A number of bills are being put forward. According to some, the HR 875 alarm was orchestrated by Ron Paul and the Libertarian Party to gain traction for their stance against regulation. I have no way to know how true this is as the website debunking HR 875 threat is unknown to me.

However, as a member (at least I think I am) of Slow Food USA, I do trust their website and am posting it here. - Link...

It contains a lot of information about H.R.875 and about another bill H.R.759. I will continue to research reliable websites to get a better feel for what is being proposed.

It is not my intention to cry WOLF if indeed there is no wolf present. However, it does seem to be the consensus in the organic, small farm movement that one size fits all regulation could be a deathblow to the emerging local foods movement. Vigilance is being called for here and any reliable information sources that people can tap into concerning this matter should be used. Please keep this post updated.

Living and teaching Earth friendly sustainable agricultural practices.

farmer leaf's picture
Food safety bills

Martha Goodsell posted the following to the COMFOOD blog (which is moderated by Tufts University), which is followed by an email from Stacy Miller, Exec. Director of the Farmers Market Coalition:

Food Safety Bills of 2009

By Martha Goodsell

Internet users are up in arms regarding House Bill 875, the Food Safety Modernization Act, but much of what is circulating over the network is hype and inflated fears. However, that’s not to say that HR 875 is not a threat to both small scale and organic farmers and those consumers who support such farms. In its present form, it is a very real- though not a highly probable- threat. HR 875 is not the only food safety bill recently proposed following the peanut butter contamination. There are six other bills that must be monitored.

There are two federal agencies charged with food safety. The United States Department of Agriculture (USDA) is responsible for wholesome meat and poultry under the guidelines of the Federal Meat Inspection Act (FMIA) and the Poultry Products Inspection Act (PPIA). The Food and Drug Administration (FDA) on the other hand, has the responsibility for oversight of manufactured food products, and all those products not under USDA jurisdiction. Unlike the USDA who inspects products and ensures Hazard Analysis Critical Control Points (HACCP) compliance in slaughterhouses and in meat and poultry product processing facilities, the FDA is charged with the annual inspection of manufacturing facilities. Only a few products monitored by the FDA are required to have and follow HACCP plans.

Thanks to Upton Sinclair, and his book The Jungle, the USDA oversight on meat and poultry is much stricter than for other food products currently. Many of these bills are looking to change that, by requiring food manufacturers to have and follow HACCP plans, which includes strict record keeping requirements. Unfortunately HACCP implementation poses a greater obstacle to small plants compared to larger facilities. Thus, the single greatest problem with all of these newly proposed food safety bills are that they are not designed with small and large operations in mind. Rather, they are written with a “one-size-fits-all” approach. Knowing that many small operations will chose to close their doors, rather than comply with testing, record keeping, and all sorts of other requirements, these bills indirectly interfere with the rights of individuals to choose their foods. This threat of losing small farms – and thus one’s food choice- is feeding the current hysteria.

To read more about the bills visit Link... . Please contact your Washington representatives to express your support or opposition to the bills. Let’s take a look at what’s pending:

HR 875 - The Food Safety Modernization Act, sponsored by Rosa Delauro (D- CT) (whose husband works for Monsanto) has 30 co-sponsors at this time. This bill splits the FDA into two units: one which would monitor food and the other to monitor medicinal drugs and medical devices. (The FDA is charged with monitoring both food and drugs so this is only a new approach, not a new duty.) The bill would increase the number - or frequency - of inspections. HR 875 would require HACCP plans. It would also require imports to meet US standards. (Currently as long as a foreign country has an “equivalent” inspection system, product is accepted with little or no further questions or testing.) HR 875 would establish a national traceability system that would require tracking “the history, use, and location of an item of food”. Section 3.13A specifically exempts those operations currently under USDA inspection under the FMIA or PPIA acts and section 3.14 exempts any farm, ranch, orchard, vineyard, aquaculture facility, or confined animal-feeding operation.

S425 - Food Safety and Tracking Improvement Act, sponsored by Sen. Sherrod Brown (D-OH) has no co-sponsors. This senate bill would amend the Federal Food, Drug, and Cosmetic Act to provide for the establishment of a traceability system so that each article of food shipped in interstate commerce would require a full record keeping system. An audit system would provide for compliance. Premise registration would be mandatory. S425 amends the FMIA so that any person that has reason to believe that any carcass, part of a carcass, meat, or meat food product is inappropriately transported, stored, distributed, or otherwise mis-handled resulting in adulteration or misbranding shall serve notice to the secretary who shall then call on industry to withdraw the product. The PPIA and the Egg Product Inspection Act (EPIA) would be amended in the same fashion.

HR 814 - Tracing and Recalling Agricultural Contamination Everywhere Act, sponsored by Diana DeGette (D-CO) has five co-sponsors. HR 814 would direct the Secretary of Agriculture to establish a traceability system for all stages of manufacturing, processing, packaging, and distribution of food. HR 814 would amend the FMIA by requiring identification and traceability for all cattle, sheep, swine, goats, and horses, mules, and other equines presented for slaughter. Without an identification number, farm records, and the ability to trace an animal’s movement, such an animal can not be presented for slaughter. The PPIA and the EPIA would be amended to establish similar provisions for poultry and poultry products and for eggs and egg products. It is interesting to note that nothing contained in HR 814 supports Country of Origin Labeling (COOL) requirements.

HR 759- The Food And Drug Administration Globalization Act, sponsored by John Dingell (D- MI) with eight co-sponsors, would require every food facility that manufactures, processes, packs, transports, or holds food for consumption in the United States to develop and implement a HACCP and food safety plan. HR 759 would require that all food facilities use standard lot numbers and that all facilities including food processors, farms and restaurants, keep electronic records. Food facilities must earn an accreditation status. This bill instructs the FDA to establish production standards for fruits and vegetables and to establish Good Agricultural Practices for produce and requiring those that grow and sell fresh fruits and vegetables to have a HACCP plan. COOL would be required. Only certified laboratories could conduct sampling and testing of food to ensure compliance.

S 429 - Ending Agricultural Threats: Safeguarding America's Food for Everyone (EAT SAFE) Act of 2009, sponsored by Senator Robert Casey (D- PA) with only one co-sponsor, focuses on imported and smuggled foods. This bill directs the Secretary of Agriculture to establish food safety and agroterrorism training programs. Notification of recalled food products would be provided to the public while notice of smuggled food products would be reported to the public and to the Department of Homeland Security (DHS). This bill amends the FMIA and the PPIA to establish civil penalties for failure to present imported meat and poultry products for inspection and requires the use of federally certified food safety labs for product testing. A food-borne illness education and outreach grant program would be established.

S 510 - A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to the safety of the food supply sponsored by Senator Richard Durbin (D-IL) has 8 co-sponsors currently. This bill addresses the concerns of government to the use of or exposure to certain foods. If the Secretary of Agriculture believes that there is a reasonable probability that the use of or exposure to an article of food will cause serious adverse health consequences or death to humans or animals, each person who manufactures, processes, packs, distributes, receives, holds, or imports such article shall provide access to that food article and to all records relating to such article. HACCP and preventive controls would be required for all manufacturers, processors, packers, distributors, receivers, holders, or importers. Safety standards would be established for production and harvesting of fruits and vegetables. All premises would be required to be registered and pay annual inspection fees. The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services and the Secretary of Agriculture, would facilitate public-private partnerships to help unify and enhance the protection of the agriculture and food system of the United States; including the sharing of information and intelligence relating to agriculture and the food system. The three agencies would identify best practices and methods for improving the coordination among Federal, State, local, and private sector preparedness and response plans for agriculture and food defense and would recommend methods to protect the economy and the public health of the United States from the effects of animal or plant disease outbreaks, food contamination and natural disasters affecting agriculture and food.

HR 1332 - Safe FEAST Act of 2009, sponsored by Jim Costa (D-CA) with 19 cosponsors. This is very similar to the senate bill S 510. All food manufacturers, processes, packers, or those who hold food for sale would be required to be registered. If the Secretary determines that food manufactured, processed, packed, or held by a facility has a reasonable probability of causing serious adverse health consequences or death to humans or animals, the Secretary may suspend the registration of the facility. In addition to having access to records and the product, the Secretary may direct the facility to order a recall. In addition to HACCP plans and record keeping requirements facilities would be required to: follow sanitation procedures, establish hygiene training, establish monitoring programs for environmental pathogen controls, implement an allergen control program, develop a recall contingency plan; follow Good Manufacturing Practices (GMPs); and verify source suppliers. HR 1332 would encourage the building of domestic capacity through coordinated councils which would in part identify potential threats to the food supply and would establish surveillance systems through integrated networks.

----- Original Message -----
From: Melanie Cheng
To: comfood@elist.tufts.edu

Thank you for your response to our letter. It's great to know that someone is as passionate as you are about the rights of small family farms.

I certainly share some of your concerns regarding how food safety regulations are implemented, but the growing concern about this issue means that we cannot take it lightly or will it away. Just this morning, President Obama pledged to improve food safety (NYT article here ;) so it is likely if not inevitable that anyone involved with producing food will see some changes in what they're required to do with regard to record keeping. This will be true regardless of whether FDA retains oversight of food safety or these responsibilities are given to a new agency. Are there unknowns with respect to how any congressional legislation may be implemented? Yes. Does it pay to be cautious? Yes. Do we as a community need to stay actively involved in order to prevent the worst case scenario? Absolutely.

I can assure you that many organizations, FMC among them, are following proposed changes (via HR 875, HR 814, S 425, & HR 759) closely and are dedicated to representing the interests of small family farms. There will be many opportunities (for us and for you) to advocate for science-based, scale-sensitive solutions, or even exemption based on what, where, and to whom you are selling. Another possibility is a voluntary certification administered by your state's cooperative extension or dept. of agriculture, which would provide technical assistance in helping you create and update a brief food safety plan that puts in writing the common-sense approaches that you are likely already taking to prevent contamination. At this point, of course, these scenarios are hypothetical. But I hope that you can share my cautious optimism that there are as yet myriad opportunities to help shape what is vaguely implied in any of these proposed acts into a reality which is maximally friendly to small-scale family farms selling locally. It is even possible that, if properly implemented, legislation would actually give a competitive advantage to farms like yours, which have smaller footprints and which more and more people in USDA and congress recognize as being critical to safe, secure, vibrant food systems.

Working on your behalf and grateful for your support,

Stacy
Executive Director
Farmers Market Coalition

Living and teaching Earth friendly sustainable agricultural practices.

farmer leaf's picture
Correcting the record

Since posting my original comments, I have spent a good deal of time researching the actual facts of the proposed Food Safety Bills, and it now looks like there was some unrelated linkage in the first press releases. Perhaps I should have done the extra research first, however the number of messages I was receiving about HR 875 could not be ignored, and it was our decision to post what information we had.

What I have subsequently learned, is that Monsanto Corp. and the Food Safety Bills are not directly linked as earlier reported. (Delauro's husband Stanley Greenburg does work for Monsanto) While the information concerning Monsanto and GM seeds and seed patenting is true, it is unlikely the seed issue will be a major factor (if at all) in these bills. We are unable to ascertain exactly who linked the Monsanto information to the Food Safety Bills, or why, but the majority of reliable informational websites seem to indicate this linkage is inaccurate. In spite of these discrepancies, the threat to small farms from poorly written Congressional bills cannot be dismissed as unfounded.

Action Alert: Critical Pending Food Safety Legislation

We Must Tell Congress to also Protect High Quality Organic and Local Food

Supporting Viable Federal Oversight over Corporate Agribusiness
Local/Organic Farming: Part of the Solution, Not Part of the Problem!

1. HR 875: The Food Safety Modernization Act of 2009
2. HR 759: The Food and Drug Administration Globalization Act of 2009
3. HR 1332: Safe FEAST Act of 2009

The blogosphere has sounded the alarm warning that Congress and agribusiness and biotechnology lobbyists are conspiring to pass legislation that will force organic and local farms, and even home gardeners, out of business. What are the threats and opportunities, and how should we gear up to communicate with our congressional representatives?

There is no question that our increasingly industrialized and concentrated food production system needs a new regulatory focus. Contamination of spinach, lettuce, tomatoes, peanuts and other foods are an indictment of a food safety system that is out of control and has become dominated by corporate agribusiness and powerful insider lobbyists. Regulators at the FDA, USDA and other agencies have fallen short in their public safety responsibilities.

The public outcry over this situation has finally led some in Congress to propose remedies—and we should support strict oversight of the runaway industrial farming and food production system that is responsible for illnesses and deaths among our citizenry.

Although stakeholders in the organic community need to be on-guard, the flurry of e-mails and Internet postings suggesting that HR 875 will end organic farming as we know it seem to grossly exaggerate the risks. Here’s what we know:

Some level of reform is coming and we must work diligently to make sure that any changes do not harm or competitively disadvantage organic and local family farm producers and processors who are providing the fresh, wholesome and authentic food for which consumers are increasingly hungry.

Several bills aimed at fixing the broken food safety system have been proposed. Of these bills, the FDA Globalization Act (HR 759) appears most likely to be voted on, with elements of the other bills, including the Food Safety Modernization Act (HR 875) and the Safe FEAST Act (HR 1332) possibly incorporated into the bill.

A vote on a final bill shortly before Memorial Day is likely.

All three bills would require new food safety rules for farms and food processing businesses. Therefore, as with most legislation, the real battle will be in the rule-making process that follows the passage of the bill. We must stay engaged.

Anyone with an interest in food safety issues has probably seen or received emails charging that backyard gardens and organic farming would be outlawed by new food safety laws. We have closely read the proposed legislation, done extensive background research, and talked with the chief staff member responsible for the drafting of HR 875. Some have argued that this is a conspiracy promulgated by Monsanto and other corporate interests in conventional agriculture. It is our conclusion that none of these bills would “outlaw organic farming.” Other groups, such as Food and Water Watch and the organic certification agent CCOF have reached similar conclusions. But as we just noted, we need to be engaged in this process to protect organic and family farmer interests.

Such one-size-fits-all food safety rules, especially preventative measures, created with industrial-scale farms and processors in mind, would likely put smaller and organic producers at an economic and competitive disadvantage. A similar voluntary set of regulations in California have damaged the environment and hurt organic and fresh produce growers.

These high-quality, owner-operated, and often “local” farms are an important part of the solution to our nation’s food quality problems—not the cause—and they must be protected!

Whatever the final legislation looks like, it must make clear that it is the intent of Congress to ensure that ensuing regulations will not disproportionately burden small-scale family farm producers and farmstead businesses that are the backbone of the local, sustainable and organic food movement.

Part of the Solution, Not Part of the Problem!
We must tell Congress to protect high quality organic and local food production

Please contact the following representatives to urge them to support legislation that will protect organic and small-scale family farmers while strengthening food safety:

• Henry Waxman (D-CA), Chairman of the Committee on Energy and Commerce—send a message through the Committee website at: Link...
• John Dingell (D-MI), the sponsor of HR759
• Rosa DeLauro (D-CT), the sponsor of HR 875
• Jim Costa (D-CA), the sponsor of HR 1332

Living and teaching Earth friendly sustainable agricultural practices.

onetahiti's picture
More on animal ID in the news

There's an AP story in the Seattle Post-Intelligencer: Link...

-- OneTahiti

onetahiti's picture
More on animal id in the news

The New York Times has an article: Link...

-- OneTahiti

onetahiti's picture
Slashdot has a discussion of proposed livestock ID

Here's the link: Link...

-- OneTahiti

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