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

New Food Safety Regulations Miss the Point

Subtitle: Antibiotics and Pesticides and GMOs, Oh My!or, It’s the System, Stupid!

In working on issues related to food safety over the past four years, I have often been struck by how the language of regulators and consumer advocates sounds frighteningly similar to that used by defense and homeland security officials to talk about the threat of terrorism. At first just a source of amusement, I later could not shake the impression that the two seemingly unrelated predicaments were heralded by prophets of doom singing from the same hymnal.  Whether the “enemy” happened to be a terrorist or an unwelcome pathogen in our food, it seemed the only solution would be to “smoke ‘em out” and do them in wherever they lurked.

The link between the two sets of issues is in fact indelible, starting with passage of the so-called Bioterrorism Act of 2002 (BTA) before the dust of the fallen World Trade Center in New York had fully settled.  Among other things, the BTA for the first time required federal registration of all “facilities” that handle, process or distribute food.  That category was supposed to exclude all farms, except that when the Food and Drug Administration (FDA) got to looking, they realized that in fact many farms these days are doing things that look like what they thought only food facilities would do.  For historical perspective, farms have always been rather complex places of business, except perhaps in the minds of federal regulators.

What many people don’t realize today is that the new Food Safety Modernization Act (FSMA), which was signed into law in January of 2011, was intended primarily as an elaboration and ultimate completion of the BTA.  So for all the noise about foodborne illness outbreaks since 2002, the new FSMA actually has its roots in the desire to thwart terroristic intentions, or at least the theoretical threat that some external evil force would attempt to destroy our nation by poisoning the food supply. Continue reading