March 22, 2010· Antitrust probe: Dog and pony show or history · USDA plans spot testing of organic products · Ag groups oppose EPA greenhouse gas plan · Calif. growers battle low process tomato prices · Florida nurseries hope weather sparks rebound Antitrust probe: Dog and pony show or history(Yankton
Press & Dakotan) “There has been a lot of attention to this workshop of late. A lot of people showed up today to see if this USDA and this Justice Department are serious about ensuring that farmers and ranchers have access to markets, both for inputs and for selling their crops and livestock, that are competitive and treat them fairly and equitably,” said John Crabtree with the Center for Rural Affairs. “There were a lot of so-called experts here today — economists, antitrust attorneys, corporate spokespeople and the like — providing testimony. And there were a lot of family farmers, ranchers and other concerned citizens hoping to see a sign from USDA and Justice that more aggressive enforcement of the nation’s antitrust and competition laws is in the offing.” The USDA’s and Justice Department's stated intent of these
workshops was to “...promote dialogue among interested parties and foster
learning with respect to the appropriate legal and economic analyses of these
issues, as well as listen to and learn from parties with experience in the
agricultural sector.” (http://www.justice.gov/opa/pr/2010/February/10-at-182.html) In According to Crabtree, fully 89 percent of hogs are now owned outright by packers or tightly controlled through various contracting devices. And increased concentration and control of biotechnology traits and germplasm in the seed industry has led to dramatically decreased choices for farmers in purchasing seed with many farmers feeling fortunate to have as many as two seed companies to choose from. “It is almost impossible to believe that USDA and Justice
cannot see that facts and stats such as these, not to mention the real life
stories of what family farmers and ranchers endure in their dealings with the
likes of Monsanto and “Certainly every family farmer and rancher in that room today knows it.” “Whether today was a dog and pony show or history in the making won’t be determined by what was said here today, but by whether the Secretary of Agriculture, the Attorney General and the White House choose to stand with family farmers, ranchers and rural communities and enforce our antitrust and competition laws, or, just maintain the status quo,” Crabtree concluded. Secretary of Agriculture Tom Vilsack and Assistant Attorney General for Antitrust Christine Varney began the proceedings with their comments on behalf of the administration and their respective departments. “I want to hear more than the usual rhetoric here today, I want to hear what we can do more of, what we can do differently, to reverse the trends in our rural communities where we are losing population, the population is aging and opportunities are declining,” Secretary of Agriculture Tom Vilsack urged the panelists. Representative Leonard Boswell, Iowa Attorney General Tom Miller and Iowa Secretary of Agriculture Bill Northey participated in the opening roundtable discussion and presentation of issues. Additional updates and information will be posted on the Antitrust Division’s agriculture workshop Web site at http://www.justice.gov/atr/public/workshops/ag2010/index.htm. While no streaming Web cast is available, transcripts will be available for review on the Antitrust Division’s Web site. Individuals seeking more information on the workshops should contact: agriculturalworkshops@usdoj.gov USDA plans spot testing of organic products(The New York Times) – The Department of Agriculture said on Friday that it would begin enforcing rules requiring the spot testing of organically grown foods for traces of pesticides, after an auditor exposed major gaps in federal oversight of the organic food industry. Spot testing is required by a 1990 law that established the basis for national organic standards, but in a report released on Thursday by the office of Phyllis K. Fong, the inspector general of agriculture, investigators wrote that regulators never made sure the testing was being carried out. The report pointed to numerous shortcomings at the agriculture department’s National Organic Program, which regulates the industry, including poor oversight of some organic operations overseas and a lack of urgency in cracking down on marketers of bogus organic products. The audit did not name growers or processors that marketed products falsely labeled organic or say where any such products had been sold. The head of the National Organic Program, Miles McEvoy, said on Friday that enforcing testing rules was one of several steps the agency was taking to improve oversight of the industry. It will also require unannounced inspections of organic producers and processors and start regular reviews of organic products in stores to make sure they are correctly labeled and meet federal regulations, he said. “There’s a real commitment from this administration to improve the integrity of this program,” Mr. McEvoy said. The testing for pesticide residues is expected to begin in September. It will be done by the network of independent certifying agents that are already accredited by the department to inspect and certify organic growers, processors and handlers. As of last July, 98 independent agents were licensed to inspect and certify about 28,000 organic operations worldwide, the inspector general’s report said. Mr. McEvoy said that details of the pesticide inspections were still being worked out but that they would probably focus on growers whose risk of pesticide contamination might be highest, like those whose organic fields are cultivated next to nonorganic fields or those that raise both organic and conventional crops. Some certifiers already do spot tests, he said, but many do not, testing only if they suspect a problem. The inspector general’s report said a review of four large certifiers, which were collectively responsible for inspecting almost a third of the organic operations nationwide, found that none did regular spot testing. The organic program’s budget increased to $6.9 million for the current fiscal year, from $3.9 million the previous year, Mr. McEvoy said, while its staff is slated to nearly double, to 31 from 16. The Obama administration is seeking to increase the budget to $10 million in the next fiscal year and allow the program to expand to about 40 employees. Christine M. Bushway, executive director of the Organic Trade Association, an industry group, said improved oversight, and more money to make it possible, were needed to ensure that consumers had faith in the United States Department of Agriculture’s organic seal. “Compliance and enforcement are critical to the seal and the long-term health of the industry,” she said. Sales of organic products reached $26 billion last year and, until the recession hit, had been growing by double-digit percentages each year. Ms. Bushway said the organic program never had the resources to keep up with the industry’s growth. “They were underfunded and understaffed,” she said. The inspector general’s report focused largely on conditions at the organic program at the end of the Bush administration, from 2006 through 2008. It said that in several cases officials had taken up to 32 months to act against producers or processors that had sold conventional products claiming they were organic — even as those products remained on the market. In one case, the report said, officials failed entirely to take action against an operator that, for two years, sold nonorganic mint under an organic label. The report also said that the organic program had failed to adequately vet several of the independent certifying agents it allowed to approve organic operations in foreign countries. Under normal circumstances, the program gives preliminary accreditation to certifying agents based on a review of paperwork they submit. That allows them to begin certifying and inspecting organic producers and processors. But the program is supposed to follow up with a site visit to inspect a certifier’s operations before making accreditation permanent. In five cases, the inspector general found, officials failed to make the follow-up visits, allowing the certifiers to operate for as long as seven years with only preliminary accreditation. Officials at the program said that in three cases, involving
certifiers operating in In two other cases, involving certifying agents in Australia and Canada, officials said that scheduling problems blocked them from arranging visits — in one instance for as long as five years. The Department of Agriculture said in its response to the audit that it had now visited and completed its review of four of the five foreign certifiers cited in the report and had scheduled a visit to the remaining certifier. It did not say if the reviews had found compliance problems. The audit also highlighted numerous inconsistencies in the
way that certifiers operating in the The report warned that officials must tighten oversight of the industry to give consumers the assurance “that products labeled as organic are meeting a uniform standard.” Ag groups oppose EPA greenhouse gas plan(High Planes Journal) – The National Cotton Council coordinated a letter, signed by 175 agricultural organizations, to Reps. Joe Barton (R-TX) and Ike Skelton (D-MO) acknowledging support of the legislators' actions against a greenhouse gas regulation plan. The two legislators have introduced resolutions of disapproval under the Congressional Review Act regarding the EPA's decision to move forward on regulating carbon dioxide and other greenhouse gases under the Clean Air Act. "Such regulatory actions will carry severe consequences
for the It also noted that both the current and past administrations have acknowledged that the CAA is not the appropriate vehicle for establishing greenhouse gas policy. However, the EPA finding that greenhouse gases endanger public health and welfare will trigger CAA regulatory actions such as application of National Ambient Air Quality Standards, New Source Performance Standards, and provisions of the Prevention of Significant Deterioration and Title V programs, essentially establishing greenhouse gas policy through the CAA by default. "The compliance costs for these CAA programs would be overwhelming, as millions of entities, including farms and ranches, would be subject to burdensome CAA regulations," the organizations emphasized. "While EPA has attempted to craft a 'tailoring rule' to ease such a burden, our experience in these matters is that attempts to administratively relax environmental requirements are routinely challenged in court." The letter also urged House approval of the legislators' resolution as introduced. Their resolution follows a similar resolution introduced in January by Sen. Lisa Murkowski (R-AK). In a NCC-coordinated letter to Sen. Murkowski, 137 other commodity and agricultural organizations declared their support for her effort. The breadth of support from agriculture encouraged several Democratic senators to cosponsor the resolution. Like the Murkowski resolution, Barton and Skelton's resolutions
also point out that the EPA rule itself claims to establish only a weak,
indirect link between greenhouse gases and public health and welfare, going so
far as to admit that there are uncertainties over the net, direct health
impacts of the greenhouse gases it is attempting to regulate. The resolutions
note that EPA Administrator Jackson recently acknowledged that unilateral
actions by the If the resolution were to make it through Congress, President Obama would still have the authority to veto it.
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