Proposed FDA Food Safety Rules Support Factory Farming, Threaten Family Farms
After years of deliberation in Congress, interagency meetings, lobbyist activity and a never-ending stream of food poisoning outbreaks, the Food and Drug Administration (FDA) is finally poised to implement the Food Safety Modernization Act (FSMA).
However, according to a just released white paper by The Cornucopia Institute, the FDA’s draft rules are so off the mark that they might economically crush the country’s safest farmers while ignoring the root threats to human health: manure contaminated with deadly infectious pathogens generated on “factory” livestock farms and high-risk produce-processing practices.
“In response to deadly outbreaks involving spinach, peanut butter and eggs, Congress acted decisively three years ago to pass the Food Safety Modernization Act,” said Mark A. Kastel, codirector at The Cornucopia Institute. “Better oversight is needed but it looks like regulators and corporate agribusiness lobbyists are simultaneously using the FSMA to crush competition from the organic and local farming movement.”
Cornucopia’s report closely examines the FDA’s draft regulations for implementing the new food safety law, and a new FDA guidance designed to control Salmonella in eggs produced by outdoor flocks. The report concludes that the new proposals would ensnare some of the country’s safest family farmers in costly and burdensome regulations in a misdirected attempt to rein in abuses that are mostly emanating from industrial-scale farms and giant agribusiness food-processing facilities.
Family farm advocates, and groups representing consumers interested in high-quality food, thought they had won a victory when the Tester/Hagan amendment was adopted by Congress exempting farmers doing less than $500,000 in business from the new rules. But Cornucopia’s report suggests the FDA seems more interested in a “one-size-fits-all” approach to food safety regulation.
In reality, the report suggests that small farms are not really exempt. The FDA is proposing that the agency can, without any due process, almost immediately force small farms to comply with the same expensive testing and record-keeping requirements as factory farms.
“In practical terms,” explains Judith McGeary, a member of The Cornucopia Institute’s policy advisory panel and executive director of the Farm and Ranch Freedom Alliance, “the FDA will be able to target small farms one-by-one and put them out of business, with little to no recourse for the farmers.”
The FDA’s economic analysis also shows that farms over $500,000 (still small in the produce industry) will be significantly impacted with some being driven out of business.
“The added expense and record-keeping time will potentially force many small and medium-sized local farms—owner-operated, selling at farmers markets directly to consumers or to local grocers and natural food co-ops—out of business,” Kastel added.
The Cornucopia Institute is encouraging concerned farmers and consumers to visit its website and download a proxy letter to be sent to the FDA encouraging the agency to reconsider some of the key deficiencies in the proposed regulations.
The Institute’s analysis points out that the FDA has wildly inflated the number of foodborne illnesses that originate from farm production (seed to harvest rather than contamination that occurs later in processing and distribution).
It also alleges that the FDA has failed to recognize that specific processed crops such as fresh-cut, or produce grown in certain regions are the genesis of 90 percent of dangerous outbreaks in fruits and vegetables. In addition to imports from countries like Mexico, where the most recent Taylor Farms Cyclospora outbreak originated, the evidence indicates that fresh-cut bagged/boxed salad mix and greens, other pre-cut vegetables and sprouts are much more prone to contamination.
“The proposed rule is a mess,” said Daniel Cohen, owner of Maccabee Seed Company, a longtime industry observer. “The FDA has much greater expertise on food safety issues from harvest to the consumer, but focused instead on farming issues from planting to harvest. Limited, modest and more focused steps to improve on-farm food-safety could have produced simple, affordable, effective and enforceable regulation.”
According to Cornucopia, the most important lost opportunity in the collaborative process between Congress, the FDA and the USDA is the lack of attention directed at the giant concentrated animal feeding operations, or CAFOs (factory farms) raising livestock. The massive amount of manure stored at these factory farms is commonly tainted by highly infectious bacteria that have been polluting America’s air, water and farmlands.
“Federal regulators propose nothing to address sick livestock in animal factories and their pathogen-laden manure that is contaminating surrounding rural communities, nearby produce farms and our food supply,” Kastel lamented.
No More Organic Eggs?
The 2010 salmonella outbreak in eggs, centered in Iowa, shone a spotlight on industrial-scale egg houses confining thousands of hens in filthy and dangerous conditions.
The salmonella outbreak led to comprehensive regulation and new guidance for organic farmers. Organic farmers are required by federal law to provide outdoor access to their hens and the new FDA guidance, according to Cornucopia, materially undermines this management practice. And they are doing this despite scientific evidence tying higher rates of pathogenetic contamination to older, massive factory farms with cages and forced molting (practices banned in organics) rather than raising birds outside.
“Their new guidance, on one hand, will make it difficult, expensive and maybe even impossible to have medium-sized flocks of birds outside,” Kastel stated. “At the same time, the FDA has colluded with the USDA’s National Organic Program to say that tiny ‘porches’, which hold only a minute fraction of the flock, will now legally constitute ‘outdoor access.’ This is a giveaway to conventional egg companies that are confining as many as 100,000 birds in a building and calling these ‘organic.’”
The Cornucopia Institute has publicly stated that they are investigating legal action against regulators if enforcement action is not taken, under the Organic Foods Production Act, against the large industrial operations confining laying hens and broilers indoors.
The issue of food safety in Washington has been a contentious one, causing rifts even between nonprofits representing the interest of consumers and family farm organizations that have been historically aligned in support of organic and local food. Some consumer advocates pressed for no exemptions, even as farm policy experts have supplied evidence indicating smaller, family-operated farms are inherently safer.
“Only an idiot would not be concerned with food safety,” said Tom Willey, a Madera, California, organic vegetable producer and longtime organic advocate.
“The antibiotic resistant and increasingly virulent organisms contaminating produce, from time to time, are mutant creatures introduced into the larger environment from confined industrial animal operations across the American countryside," added Willey. "The FDA’s misguided approach could derail achievements in biological agriculture and a greater promise of food made safe through respect for and cooperation with the microbial community which owns and operates this planet upon which we are merely guests.”
Visit EcoWatch’s FACTORY FARMING page for more related news on this topic.
By Michael Svoboda, Ph.D.
Despite a journey to this moment even more treacherous than expected, Americans now have a fresh opportunity to act, decisively, on climate change.
The authors of the many new books released in just the past few months (or scheduled to be published soon) seem to have anticipated this pivotal moment.
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By Katy Neusteter
The Biden-Harris transition team identified COVID-19, economic recovery, racial equity and climate change as its top priorities. Rivers are the through-line linking all of them. The fact is, healthy rivers can no longer be separated into the "nice-to-have" column of environmental progress. Rivers and streams provide more than 60 percent of our drinking water — and a clear path toward public health, a strong economy, a more just society and greater resilience to the impacts of the climate crisis.
Public Health<img lazy-loadable="true" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNTUyNDY3MC9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY2MDkxMTkwNn0.pyP14Bg1WvcUvF_xUGgYVu8PS7Lu49Huzc3PXGvATi4/img.jpg?width=980" id="8e577" class="rm-shortcode" data-rm-shortcode-id="1efb3445f5c445e47d5937a72343c012" data-rm-shortcode-name="rebelmouse-image" data-width="3000" data-height="2302" />
Wild and Scenic Merced River, California. Bob Wick / BLM<p>Let's begin with COVID-19. More than <a href="https://www.nytimes.com/interactive/2020/us/coronavirus-us-cases.html?name=styln-coronavirus&region=TOP_BANNER&block=storyline_menu_recirc&action=click&pgtype=LegacyCollection&impression_id=2f508610-2a87-11eb-8622-4f6c038cbd1d&variant=1_Show" target="_blank">16 million Americans</a> have contracted the coronavirus and, tragically,<a href="https://www.nytimes.com/interactive/2020/us/coronavirus-us-cases.html?name=styln-coronavirus&region=TOP_BANNER&block=storyline_menu_recirc&action=click&pgtype=LegacyCollection&impression_id=2f508610-2a87-11eb-8622-4f6c038cbd1d&variant=1_Show" target="_blank"> more than</a> <a href="https://www.nytimes.com/interactive/2020/us/coronavirus-us-cases.html?name=styln-coronavirus&region=TOP_BANNER&block=storyline_menu_recirc&action=click&pgtype=LegacyCollection&impression_id=2f508610-2a87-11eb-8622-4f6c038cbd1d&variant=1_Show" target="_blank">300,000 have died</a> due to the pandemic. While health officials encourage hand-washing to contain the pandemic, at least <a href="https://closethewatergap.org/" target="_blank">2 million Americans</a> are currently living without running water, indoor plumbing or wastewater treatment. Meanwhile, <a href="https://www.theguardian.com/us-news/2020/jun/23/millions-of-americans-cant-afford-water-bills-rise" target="_blank">aging water infrastructure is growing increasingly costly for utilities to maintain</a>. That cost is passed along to consumers. The upshot? <a href="https://research.msu.edu/affordable-water-in-us-reaching-a-crisis/" target="_blank">More than 13 million</a> U.S. households regularly face unaffordable water bills — and, thus, the threat of water shutoffs. Without basic access to clean water, families and entire communities are at a higher risk of <a href="https://www.americanprogress.org/issues/green/news/2020/08/05/488705/bridging-water-access-gap-covid-19-relief/" target="_blank">contracting</a> and spreading COVID-19.</p><p>We have a moral duty to ensure that everyone has access to clean water to help prevent the spread of the coronavirus. Last spring, <a href="https://nymag.com/intelligencer/2020/03/coronavirus-stimulus-bill-explained-bailouts-unemployment-benefits.html" target="_blank">Congress appropriated more than $4 trillion</a> to jumpstart the economy and bring millions of unemployed Americans back to work. Additional federal assistance — desperately needed — will present a historic opportunity to improve our crumbling infrastructure, which has been <a href="https://www.theguardian.com/us-news/2020/jun/23/millions-of-americans-cant-afford-water-bills-rise" target="_blank" rel="noopener noreferrer">grossly underfunded for decades</a>.</p><p>A report by my organization, American Rivers, suggests that <a href="https://s3.amazonaws.com/american-rivers-website/wp-content/uploads/2020/07/09223525/ECONOMIC-ENGINES-Report-2020.pdf" target="_blank" rel="noopener noreferrer">Congress must invest at least $50 billion</a> "to address the urgent water infrastructure needs associated with COVID-19," including the rising cost of water. This initial boost would allow for the replacement and maintenance of sewers, stormwater infrastructure and water supply facilities.</p>
Economic Recovery<p>Investing in water infrastructure and healthy rivers also creates jobs. Consider, for example, that <a href="https://tinyurl.com/y9p6sgnk" target="_blank">every $1 million spent on water infrastructure in the United States generates more than 15 jobs</a> throughout the economy, according to a report by the Value of Water Campaign. Similarly, <a href="https://tinyurl.com/yyvd2ksp" target="_blank">every "$1 million invested in forest and watershed restoration contracting will generate between 15.7 and 23.8 jobs,</a> depending on the work type," states a working paper released by the Ecosystem Workforce Program, University of Oregon. Healthy rivers also spur tourism and recreation, which many communities rely on for their livelihoods. According to the findings by the Outdoor Industry Association, which have been shared in our report, "Americans participating in watersports and fishing spend over <a href="https://s3.amazonaws.com/american-rivers-website/wp-content/uploads/2020/06/30222425/Exec-summary-ECONOMIC-ENGINES-Report-June-30-2020.pdf" target="_blank">$174 billion</a> on gear and trip related expenses. And, the outdoor watersports and fishing economy supports over <a href="https://s3.amazonaws.com/american-rivers-website/wp-content/uploads/2020/06/30222425/Exec-summary-ECONOMIC-ENGINES-Report-June-30-2020.pdf" target="_blank">1.5 million jobs nationwide</a>."</p><p>After the 2008 financial crisis, Congress invested in infrastructure to put Americans back to work. The American Recovery and Reinvestment Act <a href="https://thehill.com/blogs/congress-blog/economy-a-budget/25941-clean-water-green-infrastructure-get-major-boost" target="_blank">of 2009 (ARRA) allocated $6 billion</a> for clean water and drinking water infrastructure to decrease unemployment and boost the economy. More specifically, <a href="https://www.conservationnw.org/news-updates/us-reps-push-for-millions-of-restoration-and-resilience-jobs/" target="_blank" rel="noopener noreferrer">an analysis of ARRA</a> "showed conservation investments generated 15 to 33 jobs per million dollars," and more than doubled the rate of return, according to a letter written in May 2020 by 79 members of Congress, seeking greater funding for restoration and resilience jobs.</p><p>Today, when considering how to create work for the <a href="https://www.bls.gov/news.release/pdf/empsit.pdf" target="_blank" rel="noopener noreferrer">10.7 million</a> people who are currently unemployed, Congress should review previous stimulus investments and build on their successes by embracing major investments in water infrastructure and watershed restoration.</p>
Racial Justice<p>American Rivers also recommends that Congress dedicate <a href="https://s3.amazonaws.com/american-rivers-website/wp-content/uploads/2020/07/09223525/ECONOMIC-ENGINES-Report-2020.pdf" target="_blank" rel="noopener noreferrer">$500 billion for rivers and clean water over the next 10 years</a> — not just for the benefit of our environment and economy, but also to begin to address the United States' history of deeply entrenched racial injustice.</p><p>The <a href="https://www.epa.gov/npdes/sanitary-sewer-overflows-ssos" target="_blank" rel="noopener noreferrer">23,000-75,000 sewer overflows</a> that occur each year release up to <a href="https://www.americanrivers.org/2020/05/fighting-for-rivers-means-fighting-for-justice/#:~:text=There%20are%20also%2023%2C000%20to%2075%2C000%20sanitary%20sewer,to%20do%20with%20the%20mission%20of%20American%20Rivers." target="_blank" rel="noopener noreferrer">10 billion gallons of toxic sewage</a> <em>every day</em> into rivers and streams. This disproportionately impacts communities of color, because, for generations, Black, Indigenous, Latinx and other people of color have been <a href="https://www.scientificamerican.com/article/flooding-disproportionately-harms-black-neighborhoods/" target="_blank" rel="noopener noreferrer">relegated</a> to live in flood-prone areas and in neighborhoods that have been intentionally burdened with a lack of development that degrades people's health and quality of life. In some communities of color, incessant flooding due to stormwater surges or <a href="https://www.ajc.com/opinion/opinion-partnering-to-better-manage-our-water/7WQ6SEAQP5E4LGQCEYY5DO334Y/" target="_blank" rel="noopener noreferrer">combined sewer overflows</a> has gone unmitigated for decades.</p><p>We have historically treated people as separate from rivers and water. We can't do that anymore. Every voice — particularly those of people most directly impacted — must have a loudspeaker and be included in decision-making at the highest levels.</p><p>Accordingly, the new administration must diligently invest in projects at the community level that will improve lives in our country's most marginalized communities. We also must go further to ensure that local leaders have a seat at the decision-making table. To this end, the Biden-Harris administration should restore <a href="https://www.epa.gov/cwa-401#:~:text=Section%20401%20Certification%20The%20Clean%20Water%20Act%20%28CWA%29,the%20United%20States.%20Learn%20more%20about%20401%20certification." target="_blank">Section 401 of the Clean Water Act</a>, which was undermined by the <a href="https://earthjustice.org/news/press/2020/tribes-and-environmental-groups-sue-trump-administration-to-preserve-clean-water-protections#:~:text=Under%20Section%20401%20of%20the%20Clean%20Water%20Act%2C,seeks%20to%20undermine%20that%20authority%20in%20several%20ways%3A" target="_blank">Trump administration's 2020 regulatory changes</a>. This provision gives states and tribes the authority to decide whether major development projects, such as hydropower and oil and gas projects, move forward.</p>
Climate Resilience<p>Of course, the menacing shadow looming over it all? Climate change. <a href="https://media.ifrc.org/ifrc/wp-content/uploads/2020/11/IFRC_wdr2020/IFRC_WDR_ExecutiveSummary_EN_Web.pdf" target="_blank">More than 100 climate-related catastrophes</a> have pummeled the Earth since the pandemic was declared last spring, including the blitzkrieg of megafires, superstorms and heat waves witnessed during the summer of 2020, directly impacting the lives of more than <a href="https://media.ifrc.org/ifrc/wp-content/uploads/2020/11/IFRC_wdr2020/IFRC_WDR_ExecutiveSummary_EN_Web.pdf" target="_blank">50 million people globally</a>.</p><p>Water and climate scientist Brad Udall often says, "<a href="https://www.youtube.com/watch?v=xQhpj5G0dME" target="_blank">Climate change is water change</a>." In other words, the most obvious and dire impacts of climate change are evidenced in profound changes to our rivers and water resources. You've likely seen it where you live: Floods are more damaging and frequent. Droughts are deeper and longer. Uncertainty is destabilizing industry and lives.</p><p>By galvanizing action for healthy rivers and managing our water resources more effectively, we can insure future generations against the consequences of climate change. First, we must safeguard rivers that are still healthy and free-flowing. Second, we must protect land and property against the ravages of flooding. And finally, we must promote policies and practical solutions that take the science of climate disruption into account when planning for increased flooding, water shortage and habitat disruption.</p><p>Imagine all that rivers do for us. Most of our towns and cities have a river running through them or flowing nearby. Rivers provide clean drinking water, irrigate crops that provide our food, power our homes and businesses, provide wildlife habitat, and are the lifeblood of the places where we enjoy and explore nature, and where we play and nourish our spirits. Healthy watersheds help <a href="https://news.un.org/en/story/2020/03/1059952" target="_blank" rel="noopener noreferrer">mitigate</a> climate change, absorbing and reducing the amount of carbon in the atmosphere. Healthy rivers and floodplains help communities adapt and build resilience in the face of climate change by improving flood protection and providing water supply and quality benefits. Rivers are the cornerstones of healthy, strong communities.</p><p>The more than <a href="https://archive.epa.gov/water/archive/web/html/index-17.html" target="_blank" rel="noopener noreferrer">3 million miles</a> of rivers and streams running across our country are a source of great strength and opportunity. When we invest in healthy rivers and clean water, we can improve our lives. When we invest in rivers, we create jobs and strengthen our economy. When we invest in rivers, we invest in our shared future.</p>
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