Food Safety Back On the Agenda

If you thought we were done with the Food Safety Modernization Act (FSMA), you can think again. It has been most of a year since the process of responding to newly proposed food safety rules seemed to be smothering every waking moment of our lives, and late December since we heard the good news that the Food and Drug Administration (FDA) had “heard” our concerns loud enough to force serious reconsideration of those first drafts of the Produce and Preventive Controls rules.

Fact is, the past eight months have been anything but quiet for those of us following the situation closely. There have been myriad other, lesser known proposed rules to respond to along the way, and several high level meetings behind the scenes aimed at helping FDA to “get it right” in a second go-round of rulemaking as well as the later implementation phase.  For most people, the process simply went below the water’s surface, but now it is poised to make a big splash back out in the open. As of this writing, we expect to see new proposals any day, perhaps within the next week or two.

As a reminder, this whole process really started in the spring of 2009 when FSMA first appeared in various forms of proposed federal legislation.  So some of us have been at it over 5 years now, making sure at every turn that the needs and interests of family farmers of all sizes, as well as the preferences of an increasingly engaged community of sustainably minded consumers, are taken into account both in the legislative and regulatory phases. Implementation will take several years of diligence too, but right now we may be facing the most crucial point of the whole process, as a second draft of rules takes us closer to a point of no return. Continue reading

Following Nature’s Lead, Together

Every year I try to use my chance to speak at our annual conference to raise some of the most important issues facing us in the sustainable farming community. And with each succeeding year the urgency of these issues seems to increase.  This is partly because some of the negative situations we face are actually getting worse, and partly because the positive solutions our movement offers are increasingly met with resistance and denial by those who represent the status quo.

Let’s back up just a bit and review some of the challenges we have encountered over the past year.  First and foremost, 2013 will always in my mind be the year of proposed rules coming from the Food and Drug Administration (FDA) aimed at implementing the Food Safety Modernization Act (FSMA).  What a long slog it was! At conference time last year we were still reviewing about 1,200 pages of material – with hundreds more to come – and were just starting to think about some of the implications involved should the proposed rules go into effect.

At the beginning, we were very much outnumbered and outspent in terms of being able to influence the final outcome, but what we had going for us was beyond the ability of any other group to purchase with mere dollars.  We had a devoted coalition of dozens of groups from across the country working feverishly together, with meetings every week throughout most of the year, and many of us in smaller groups attending FDA listening sessions held across the country.  We also found some new partnerships that we hadn’t really expected, including with faculty and students at the Law Schools of Harvard, Georgetown and Emory Universities, the leadership of the United Fresh Produce Association – a powerful group that had fought us hard in the legislative phase of FSMA, and even the National Association of State Departments of Agriculture (NASDA).  At one point NASDA even shared a post I had written on my Write to Farm blog with the Departments of Agriculture in all fifty states. Continue reading

What’s In a Farm?

Back when the Food Safety Modernization Act (FSMA) first started to move through Congress in 2009, none of us really anticipated that we’d be fighting over four years later to preserve the very idea of a “farm” as defined in the new law.  Well, almost none of us expected this, except perhaps my very dear friend Russell Libby, then executive director of the Maine Organic Farmers and Gardeners Association (MOFGA).  In an email directly to leaders at the Food and Drug Administration (FDA) with whom we were negotiating, Russell decried what he called the “broad and inclusive definition of ‘facility,’ and relatively narrow sense of what constitutes a ‘farm,’” contained in the language of the Bioterrorism Act of 2002 (BTA), upon which FSMA would rely for such definitions.

Russell is now gone, a victim of the cancer that took his life a year ago this December.  There will always be a hole left in the lives of those who knew him, and also now this lingering feeling that he could see ahead, to the potential disappearance of farms as we know them, both literally and in the figurative sense as part of the laws of our country.  And as the newly-extended comment period closes this week (Friday, November 22) for comments to FDA on FSMA, there is almost certainly no higher priority to any of us than that the definition of a farm ends up in the regulations as richly diverse and comprehensive as we have always known it to be.  Please take one more look, and help us get this right. Continue reading

FSMA: There’s Something Happening Here

There’s something happening here
What it is ain’t exactly clear
There’s a man with a gun over there
Telling me I got to beware
I think it’s time we stop, children, what’s that sound?
Everybody look what’s going down

 –Stephen Stills, For What It’s Worth, 1966

 If you’re like me, you are starting to grow weary of all the hoopla generated by the Food Safety Modernization Act (FSMA) and the effort to generate public comments to the Food and Drug Administration (FDA) by the November 15 deadline. This has been a long slog, seeming perhaps like much ado about nothing to many who are not directly involved.  Along with Stephen Stills, you might be tempted to agree that what’s happening ain’t exactly clear, and no one could blame you for that.

The tendency in situations like this is to exaggerate what’s happening, in order to get people to pay attention to what is otherwise a rather mundane subject. There has been plenty of that type of hyperbole in the food safety debate, and this writer is not totally innocent in that regard. But when the public discussion about food safety regulation began in earnest in early 2009 – following problems discovered with our beloved peanut butter – there were various public messages promising that backyard gardening was about to be outlawed by Congress. Well, such blatant falsehoods did more damage than good, directing attention away from some extremely important implications for our food system in the ongoing saga of passing and implementing FSMA. Continue reading

Consider the Bees of the Field

{Blogger’s note: This post was completed with the very welcome assistance of my colleague Jo Ann Baumgartner, director of the Wild Farm Alliance located in Watsonville, California. Jo Ann can be reached at wildfarms@earthlink.net}

I was honored to be asked this year to address the annual conference of the Eastern Apicultural Society (EAS) held in early August in West Chester, Pennsylvania.  With well over 500 professional beekeepers and bee scientists present, it was also a tremendous opportunity for me to learn something about a topic with which I had very little previous experience. I was both amazed and a bit alarmed with what I learned.

While the occurrence of Colony Collapse Disorder has captured the concern of the general public, very few people know just how complex the situation with honeybees really is.  I’ll add that even fewer have any idea how the viability of the bee population might be affected by the Food Safety Modernization Act (FSMA). Congress passed FSMA in 2010, and the Food and Drug Administration (FDA) has now issued proposed rules for its implementation, with a deadline of November 15, 2013 for public comment.

In brief, the situation for honeybees and other pollinators, already dire in some places, is likely to get worse as new regulations associated with FSMA take effect. It really comes down to loss of biodiversity in the diet of honeybees and potential destruction of the habitat necessary for their survival. To the extent that food safety regulations make these situations any worse, by promoting the separation – far away from food crops – of what also functions as wildlife habitat, so will the pollinators, and ultimately the crops themselves, suffer. Continue reading

FDA’s Culture of Fear Threatens Food Safety

You really have to hand it to the Food and Drug Administration (FDA).  They have accomplished a feat in the last 10 months that Secretary Tom Vilsack and his United States Department of Agriculture have not been able to do after five long years of trying . . . uniting America’s farmers of all stripes to stand up for each other and speak with one voice.

Beginning in January of this year, when the FDA issued its first proposed rules under the Food Safety Modernization Act (FSMA), which passed Congress in 2010, produce farmers in particular, both big and small, have been reacting with skepticism that the federal government really understands the nuts and bolts of food production well enough to tell them how to do it in a way that minimizes risk to consumers.

Maybe it’s because these farmers know the actual science involved – that diets rich in fruits and vegetables can save far more lives than the risk of pathogens would ever cost our society. I suspect, however, it’s a far more concrete image that has galvanized the farming community – that of two young farmers led into a Colorado courtroom in shackles, despite their lack of knowledge or intent to hurt anyone with the Listeria-laden cantaloupe they sold through Wal-Mart and other big retailers to consumers across the country. Continue reading

FSMA Rules Unfair to Farmers, Bad for Public Health

{Blogger’s note: The following list of talking points with respect to the newly proposed FSMA rules was developed by my colleague Roland McReynolds at the Carolina Farm Stewardship Association, and is meant to be helpful to anyone who will be talking about the rules or making official comments to the FDA by the November 15 deadline. For more information, please see other posts on this blog, or go to the National Sustainable Agriculture Coalition website.}

The Food and Drug Administration (FDA) has proposed regulations for farms and food businesses under the Food Safety Modernization Act (FSMA).  Everything from salad and salsas to cheese and u-pick fruit will be affected, and the costs will force thousands of American farmers and local food makers out of business, destroying job growth in agriculture.  The rules are unscientific, and will damage public health by reducing consumers’ access to fresh, healthy produce and minimally processed foods, and by discouraging soil and water conservation practices on farms. Continue reading