FDA

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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 →

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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 →

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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 →