Let a Farm Be a Farm

{blogger’s note: Please make sure to read the action alert at the end of this post!}

With the dust still settling from the horrific terrorist attacks on September 11, 2001, the U.S. Congress passed and President George W. Bush signed into law a piece of legislation widely known as the Bioterrorism Act (BTA) in early 2002.  From one perspective this action was a necessary response to one of our greatest vulnerabilities as a nation, a potential attack on our people through the food supply chain. From another, it was an overreach of federal power intended and abetted by corporate America to extend their control over our food system. The actual reality of the situation probably falls between these two perspectives, and in many ways is still very much in play today.

No matter the effects of the BTA, one of the most significant things it did was to draw a distinction between two major categories of activity within any food system by defining a “farm” as a producer of raw agricultural commodities as distinct from a “facility” that transforms those commodities into the variety of processed foods that can readily be observed in any modern supermarket.  The distinction was critical, especially since the stated intent was to exempt all farms from the new regulations facilities would face, beginning with the requirement to register under the federal Food and Drug Administration (FDA), establishing the agency’s authority to regulate the activity of all such facilities.

Enter the Food Safety Modernization Act of 2010 (FSMA), which was intended as an elaboration and extension of the BTA, now with added intent to authorize direct FDA regulation of farms producing raw agricultural commodities consumed by humans or animals with very little or no processing by a regulated facility along the way. The immediate effect of FSMA was to blur the lines between farms and facilities, such that even FDA personnel visiting farms – some of them for the very first time – were apt to see facilities wherever they looked. It was a dramatic representation of the old adage “Give a boy a hammer and everything looks like a nail.”  Even those of us working to improve draft regulations written to implement FSMA were wondering if anything such as a farm, pure and simple, could ever exist, at least according the definition being used in the new regulations. Continue reading

The Regenerative Power of Restraint

If we were lacking an adequate appreciation for the concept of power and the ways it can be used in both constructive and destructive ways, the world has certainly given us an abundance of opportunities in the past several years to remedy that situation. From the wars in Iraq and Afghanistan, to the Arab Spring, leadership transitions in North Korea and the Catholic Church, and right up to the current Ukrainian crisis, we’ve had a chance to examine and contemplate the alternative expressions of power on an international stage numerous times.

In addition, there has been much attention to the exercise of power on a smaller scale between groups of people who think differently, act differently, or are just plain different.  And the power that sometimes comes between individuals in the form of bullying or other types of abuse is something we seem to care much more about these days, at least in theory. It’s laudable that our society is doing more to address bullying in schools, though equally notable that it goes unchecked sometimes in communities, civic organizations, politics or even the U.S. Congress.

We have also experienced big power moves within the realm of farming and food systems during this time – ongoing situations that are far from conclusive at this writing. New approvals of genetically modified seed varieties coming at a quickening pace, a Farm Bill process that took years and was more contentious than ever, the Food Safety Modernization Act (‘nuff said), and a stealthy move by USDA to substitute the vague idea of “coexistence” for a blessing of the status quo, have all complicated the lives of those of us dreaming of a more sustainable future for our people and the planet.

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

A Message to Public Officials on Food Safety

{Blogger’s note: I know I said there would be no more posts before the end of the FSMA comment period on November 15, but I came across this statement approved by PASA’s board of directors at the very beginning of this process nearly five years ago, and thought it was worth sharing again at this time. Our views have matured considerably since that time, but the basic points are the same. Please keep in mind that help is available for commenting on the proposed rules at the PASA website, including templates to follow and links directly to FDA}

Pennsylvania Association for Sustainable Agriculture (PASA) — May 22, 2009

It seems everyone in elected office these days wants to do something about food safety.  Who can blame them, given that the headlines on any particular day might carry news of the latest food poisoning scare?  It is a supreme paradox that, while all of us must eat in order to survive, food can also become an instrument of death.  As a community of farmers, we must also come to terms with the fact that harmful pathogens occasionally present in food can originate on farms in various ways that at times defy easy explanation. 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