USDA proposes improving healthy food access

Posted February 18, 2016

Under a proposed rule change announced Tuesday by the USDA, retailers who accept food stamps would have to stock a wider variety of healthy food options or risk losing their ability to accept Supplemental Nutrition Assistance Program (SNAP) money.

The AP reports that the proposed rules are designed to ensure that the 46 million-plus Americans who use food stamps have better access to healthy foods. A person using food stamp dollars could still purchase junk food, but would have more options in the store to buy fruits, vegetables, dairy, meats and bread.

According to the Federal Register website, the Food and Nutrition Service (FNS) is proposing changes that address depth of stock, amend the definition of staple foods, and amend the definition of “retail food store” to clarify when a retailer is a restaurant rather than a retail food store. The rulemaking also proposes that FNS begin disclosing to the public specific information about retailers who have violated SNAP rules.

The 2014 Farm Bill increases the requirement that certain SNAP authorized retail food stores have available on a continuous basis at least three varieties of items in each of four staple food categories to a mandatory statutory minimum of seven varieties. Further, the 2014 Farm Bill increases the minimum number of categories in which perishable foods are required from two to three. 

Kevin Concannon, USDA undersecretary for food, nutrition and consumer services, said in a statement, "USDA is committed to expanding access for SNAP participants to the types of foods that are important to a healthy diet. This proposed rule ensures that retailers who accept SNAP benefits offer a variety of products to support healthy choices for those participating in the program."

However, in a message on its website, the National Association of Convenience Stores (NACS), an industry trade group, says the rule change goes “significantly beyond” the statutory requirements in the 2014 Farm Bill and concluded that, “As currently drafted, the proposal will make it increasingly difficult for convenience store owners and operators to participate in SNAP, which in turn will negatively impact the many SNAP recipients that use their benefits at NACS members’ stores.”

Comments on this proposed rule can be made via the Federal e-Rulemaking Portal until April 18, 2016. 

Ag committee rejects crop insurance cuts

Posted October 29, 2015

House Agriculture Committee members state there will be no cuts to the crop insurance program in the upcoming budget, according to an AgWeb article available here. High Plains Journal also published an article available here.

“Leadership has heeded our concerns by agreeing to completely reverse this disastrous provision in the upcoming omnibus,” said Michael Conaway in a prepared statement. “Crop insurance is working as intended, and private industry deserves to be lauded, not thrown under the bus.”

The budget proposal called for capping the rate of return on earned premiums at 8.9% for crop insurers for 2017-2016. It would have saved the federal government an estimated $3 billion, but potentially hurt the viability of the federal crop insurance program and the financial health of the crop insurance industry.

Agriculture Committee Chairmen Sen. Pat Roberts, R-Kansas, and Rep. K. Michael Conaway, R-Texas, and Ranking Members Sen. Debbie Stabenow, D-Michigan, and Rep. Collin Peterson, D-Minnesota, stood united against reopening the 2014 farm bill to further cuts, according to High Plains Journal.

“Farmers and ranchers have done more than their fair share to reduce government spending,” said Chairman Roberts.

“To target the No. 1 priority for producers with additional cuts will undermine the delivery of this important protection for agriculture. While congressional leaders may sell this package as providing budget stability, it is anything but stable for farmers and ranchers. It took years to negotiate and pass a new farm bill. Producers have signed contracts and purchased policies. These proposals to make further cuts to the crop insurance program were not included in the House or Senate passed budgets, in any appropriations bills or in the president’s budget request. Once again, our leaders are attempting to govern by backroom deals where the devil is in the details. I will continue to oppose any attempts to cut crop insurance funding or to change crop insurance program policies.” 

After the House, the spending bill goes to the Senate, where the Senate Agriculture Committee leaders have also vowed to protect the crop insurance program, according to AgWeb.

"We hope Senate Leadership finds a path forward soon to ensure these cuts are not realized," said the Crop Insurance Reinsurance Bureau, National Crop Insurance Service and American Association of Crop Insurers said in a joint statement.

"Today's action shows that crop insurance is truly the centerpiece of agricultural risk management and rural America is willing to fight to maintain the crop insurance program. Crop insurers remain committed to providing superior service to our customers--America's farmers--who desperately need risk management tools to deal with today's extreme weather and falling crop prices."

For more information on crop insurance programs, please visit the National Agricultural Law Center’s website here.

Interim final rule issued for Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program

Posted July 13, 2015

The Rural Business-Cooperative Service (Agency) is publishing an interim final rule for the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program, formerly the Biorefinery Assistance Program, incorporating changes required in the Agricultural Act of 2014 (2014 Farm Bill) and addressing comments received on the interim final rule published on February 14, 2011 (76 FR 8404).

This rule establishes provisions for the loan guarantees available for Biorefineries to support the production of Advanced Biofuels and Renewable Chemicals and for Biobased Product Manufacturing facilities.

This interim rule is effective August 24, 2015. Comments on the rule and the information collection under the Paperwork Reduction Act of 1995 must be received by August 24, 2015.

For more information, the Federal Register is available here.

For more information on biotechnology, please visit the National Agricultural Law Center’s website here.

Rep. Kristi Noem: Congress Will Pass Farm Bill

Rep. Kristi Noem (R-SD), member of the House Agriculture Committee, says that Congress will pass a farm bill “in the coming months” according to an article by the Argus Leader, available here.  According the article, Noem indicated that:

“My leadership team has told me that it’s going to happen, because I’ve been pretty ugly with them at different times.”  She continued, “So I’m taking them at their word that they’re going to make sure it gets scheduled and they’re going to make sure we’ve got the votes.” 

The farm bill continues to be a contentious issue in Congress over issues including the nutrition title, farm program payments, and even a catfish inspection program.  For more background on these issues past posts on this blog are available here, here, and here. 

The Senate has had success passing a farm bill, but the road to success has been far more challenging in the House.  In 2012, the House Agriculture Committee passed a farm bill, but it was never brought up for a vote in the House.  The 2012 outcome illustrates the deep divisions on certain issues, which is on only display when the House initially failed to pass a farm bill earlier this year.  Later, the House split the nutrition title from the farm bill that paved a possible path forward for getting a competing bill that could be conferenced with the Senate.  Notably, the House-passed bill would also repeal the 1938 and 1949 permanent laws that have been the backstop to getting previous farm bills across the legislative finish line.  Indications have been that the House will bring up a nutrition-only bill in September, following the August recess, that would cut nutrition programs by about $40 billion.  That said, significant doubts have been expressed about the political viability of that approach.

COOL Not Economically Beneficial, USDA Study

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Posted May 6, 2015

Country-of-origin labeling (COOL) is not beneficial for American consumers, according to a Food Safety News article available here. Cattle Network also published an article available here and Journal Star here.

COOL does not provide “measurable economic benefits” and costs producers, packers, and retailers in the United States $2.6 billion a year for all covered commodities, USDA’s chief economist report.

The report was mandated by the 2014 Farm Bill and was created by a team of agricultural economists from Kansas State University and the University of Missouri.

“In terms of consumers, USDA’s regulatory impact analyses concluded that while there is evidence of consumer interest in COOL information, measurable economic benefits from mandatory COOL would be small,” according to the report. “USDA’s regulatory impact analyses also found little evidence that consumers are likely to increase their purchases of food items bearing U.S.-origin labels.”

The study estimated that implementation of the 2009 COOL law resulted in $405 million in economic welfare losses in the first year in the U.S. beef industry, according to Cattle Network.

COOL law was included in the 2002 farm bill, and it was amended in the 2008 farm bill and implemented in 2009. COOL has been the focus of a World Trade Organization (WTO) lawsuit for more than five years. Shortly after being implemented, Canada and Mexico established a case against the United States in November 2009. The WTO ruled that certain COOL requirements discriminate against foreign livestock and gave the United States a May 2013 deadline to comply with its findings. This report was issued a few weeks short before the WTO is expected to issue its final ruling on the matter.

WTO rulings have previously gone against the U.S. If the U.S. loses this last appeal, it’s possible that Congress will repeal COOL, according to Journal Star.

USDA did successfully defend the COOL regulations in U.S. courts.

Bill Bullard, CEO of the United Stockgrowers of America, recently told Congress COOL means that, “No longer can meat from animals born and/or raised in a foreign country be passed off to unsuspecting U.S. consumers as meat deserving of the U.S. farmers’ and ranchers’ reputation.”

For more information on Country of Origin Labeling, please visit the National Agricultural Law Center’s website here.

USDA to Limit Payments to Non-Farmers, 2014 Farm Bill

Posted March 25, 2015

The U.S. Department of Agriculture (USDA) has announced a proposed rule to limit farm payments to non-farmers, consistent with requirements Congress mandated in the 2014 Farm Bill, according to the USDA press release available here. Farm Futures also published an article available here.

The proposed rule limits farm payments to individuals who may be designated as farm managers but are not actively engaged in farm management.

"We want to make sure that farm program payments are going to the farmers and farm families that they are intended to help. So we've taken the steps to do that, to the extent that the Farm Bill allows," said Agriculture Secretary Tom Vilsack. "The Farm Bill gave USDA the authority to limit farm program payments to individuals who are not actively engaged in the management of the farming operation on non-family farms. This helps close a loophole that has been taken advantage of by some larger joint ventures and general partnerships."

"Actively engaged" is defined for managers allows individuals with little to no contributions to critical farm management decisions to receive safety net payments if they are classified as farm managers. For some operations, there were an unlimited number of managers that could receive payments, according to Farm Futures.

Under the new proposed rule, non-family joint ventures and general partnerships must document that their managers are making significant contributions to the farming operation, 500 hours of management work per year, or 25% of the critical management time necessary for the success of the farming operation.

As mandated by Congress, family farms will not be impacted. There will also be no change to existing rules for contributions to land, capital, equipment, or labor. Only non-family farm general partnerships or joint ventures comprised of more than one member will be impacted by this proposed rule, according to USDA.

Stakeholders interested in commenting on the proposed definition and changes are encouraged to provide written comments here by May 26, 2015. The proposed rule is available here.

For more information on farm bills, please visit the National Agricultural Law Center’s website here.

Vilsack Extends ARC & PLC Deadlines

Posted March 2, 2015

Agriculture Secretary Tom Vilsack announced that a one-time extension will be provided to producers for the new safety-net programs established by the 2014 Farm Bill, known as Agriculture Risk Coverage (ARC) and Price Loss Coverage (PLC), according to a USDA release available here. Farm Futures also published an article available here and THV 11 here.

The final day to update yield history or reallocate base acres has been extended one additional month from Feb. 27, 2015. The final day for farm owners and producers to choose ARC or PLC coverage also remains March 31, 2015.

“This is an important decision for producers, because these programs provide financial protection against unexpected changes in the marketplace. Producers are working to make the best decision they can. And we're working to ensure that they've got the time, the information, and the opportunities to have those final conversations, review their data, and to visit the Farm Service Agency to make those decisions,” said Vilsack.

Vilsack said that the extended deadline was primarily due to the challenges with southern operations, according to Farm Futures.

“Based on our most recent best guess we have roughly 60% of farm operations that have made the (base acre) election.”

The extension was made, says Tony Franco, chief of farm programs for USDA's Farm Service Agency in Arkansas, “because of the complexity of the farm ill,” according to THV 11.

Producers needing more information on the programs, Agricultural Risk Coverage and Price Loss Coverage. can contact their local Farm Service Agency office or go to www.fsa.usda.gov/arc-plc.

For more information on farm bills, please visit the National Agricultural Law Center’s website here.

NSAC Releases Guide to Conservation Stewardship Program

Posted February 12, 2015

The National Sustainable Agriculture Coalition (NSAC) has released two free resources to help farmers and ranchers nationwide learn how apply to enroll in the federal Conservation Stewardship Program (CSP) for 2015, according a NSAC press release available here.

The Farmers’ Guide to the Conservation Stewardship Program provides producers with detailed information on how to apply for and utilize the program to benefit their farms. CSP is a whole-farm, comprehensive working lands conservation program administered by USDA’s Natural Resources Conservation Service (NRCS). CSP rewards producers for the conservation and environmental benefits they produce on their working agricultural lands.

The new guide includes step-by-step enrollment guidance, key definitions, and helpful hints for accessing the program. It also includes a detailed look at the program’s use under the 2008 Farm Bill (from 2009 through 2013). This data section includes analysis of program participation by geographic region, land use type, commodity type, and the top conservation practices, and enhancements chosen by farmers and ranchers who have enrolled in the program.

NSAC has also updated the popular information to incorporate changes to the program following the 2014 Farm Bill.

The deadline to enroll in the federal Conservation Stewardship Program (CSP) for 2015 is February 27.

For more information on farm bills, please visit the National Agricultural Law Center’s website here.

House Panel Passed Industrial Hemp Bill

Posted February 2, 2015

A House panel passed legislation that would allow industrial hemp to be grown in Virginia, according to a Richmond Times Dispatch article available here. Go Dan River also published an article available here and WVTF here.

“If you look at the potential economic advantages that industrial hemp would provide for the state, particularly the Southside and the Southwest, it could be an economic boon in terms of the amount of research we could do on it,” said Del. Joseph R. Yost, R-Giles, the measure’s sponsor.

House Bill 1277, which passed by a 13-7 vote, would direct the state Department of Agriculture and Consumer Services to establish an industrial hemp research program and relevant regulations in the commonwealth.

Last year, the Farm Bill allowed universities and state Departments of Agriculture to grow hemp for research purposes, according to Go Dan River.

“One acre of industrial hemp produces the same amount of paper pulp that 4 acres of forest does. Industrial hemp production would create jobs and economic development, particularly in rural areas in Virginia. Should federal regulations allow for commercial production in the future, this bill would ensure that we are ready to move forward in Virginia,” said Yost.

Bryan Porter, commonwealth’s attorney in Alexandria, said the Virginia Association of Commonwealth’s Attorneys does not oppose the aims of the bill but is concerned with its impact on law enforcement agencies, according to Richmond Times Dispatch.

“The way industrial hemp is designed in the bill, it refers to a particular level of THC and says that anyone who is a licensed grower and possesses industrial hemp cannot be prosecuted for the possession of marijuana,” said Porter.

“Prosecutors are concerned that this might have an effect on the backdoor unintended consequence of legalizing marijuana.”

Tetrahydrocannabinol, commonly referred to as THC, is the psychoactive component of marijuana and hemp. Under federal law, industrial hemp in the U.S. cannot contain a THC amount higher than 0.3 percent. The average THC concentration in recreational marijuana for is 5 percent or higher.

“You don’t get high from industrial hemp,” said Yost.

Jim Politus is a former farmer and member of the Montgomery County Board of Supervisors, according to WVTF.

“When you compare hemp to cotton you have about 2 and a-half times the yield, half the water needs, no pesticides, so that will help areas like Danville,” said Politus.

The bill is sponsored by Pearisburg delegate Joseph Yost, and if passed, would allow hemp research by State Universities such as Virginia Tech and Virginia State University possibly by 2016.

For more information, a recent report on hemp as an agricultural commodity from the Congressional Research Service is available on the National Agricultural Law Center's website here.

Conservation Programs Awarded $340 Million in Federal Funding

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Posted January 16, 2015

Agriculture Secretary Tom Vilsack announced that more than $370 million in Federal funding as part of the new U.S. Department of Agriculture (USDA) Regional Conservation Partnership Program (RCPP), according to a USDA release available here. Farm Futures also published an article available here and Huffington Post here.

RCPP will benefit 115 projects across all 50 states including Puerto Rico. The program will also leverage a total of up to $800 million in partner contributions to improve the nation's water quality, support wildlife habitat, and enhance the environment.

“This is an entirely new approach to conservation efforts,” said Vilsack. “These partnerships empower communities to set priorities and lead the way on conservation efforts important for their region. They also encourage private sector investment so we can make an impact that's well beyond what the Federal government could accomplish on its own. We're giving private companies, local communities, and other non-government partners a way to invest in a new era in conservation that ultimately benefits us all. These efforts keep our land resilient and water clean, and promote economic growth in agriculture, construction, tourism, outdoor recreation, and other industries.”

Jason Weller, chief of the USDA Natural Resources Conservation Service, compared the program to a venture capitalist model, according to Farm Futures.

“RCPP puts our partners in the driver's seat. Projects are led locally, and demonstrate the value of strong public-private partnerships that deliver solutions to natural resource challenges,” said Weller.

The program will boost the rural economy, by supporting contractors and small businesses, according to Huffington Post.

"Some of the largest investments our country will make for land and water conservation are through the farm bill," said Sen. Debbie Stabenow, former chairwoman of the Agriculture Committee.

For more information on farm bills, please visit the National Agricultural Law Center’s website here.

 

Committee Delays Mega Farm Bill Vote

Posted January 13, 2015

The Indiana Senate Agriculture Committee delayed a bill vote that would give the state more power deciding the fate of confined animal feeding, according to an IndyStar article available here. The Shelbyville News also published an article available here and The Republic here.

State Sen. Jean Leising's Senate Bill 249 would “prevent a county, municipality or township from adopting an ordinance, resolution, rule, policy or other requirement that prohibits building any livestock structure, so long as it's to be built in an area zoned for agriculture and the operator follows state laws.”

Senate Bill 249 is under scrutiny over concerns it will eliminate local authority, according to Shelby News.

“I have been one of the strongest defenders of local government in the statehouse,” said Sen. Leising.

Sen. Leising stated that the bill addresses the concerns that many counties have taken local action to prevent the construction of livestock buildings, according to The Republic.

County commissioners are concerned the bill will set a precedent, according to Shelby News.

“They want to make sure these decisions continue to reside where they have historically, and that's at the local level,” said lobbyist William Moreau.

For more information on farm bills, please visit the National Agricultural Law Center’s website here.

Regulatory Accountability Act Introduced

Posted January 9, 2015

House Judiciary Committee Chairman Bob Goodlatte (R-Va.) and Congressman Collin Peterson (D-Minn.) have introduced H.R. 185, the Regulatory Accountability Act (RAA) as part of a jobs and economic growth package, according to Goodlatte release available here. American Farm Bureau Federation (AFBF) also published a release available here, and Farm Futures published an article available here.

The RAA requires federal bureaucrats to adopt the most costly efficient method to effectively implement the law.

“The Regulatory Accountability Act addresses the problem of escalating, excessive federal regulatory costs in a clear, commonsense way that we can all support. This legislation directs the Executive Branch to fulfill its statutory goals set by Congress and requires simply that they reach those goals in the least costly way with better public input to find the most efficient regulatory solutions,” said Goodlatte.

The AFBF also released a statement.

“The American Farm Bureau Federation strongly supports the Regulatory Accountability Act of 2015. We applaud the leadership of Reps. Robert Goodlatte and Collin Peterson in reintroducing this measure, which has traditionally received bipartisan support, and we will work actively for swift approval by Congress.”

The U.S. Chamber of Commerce also expressed support for bill because it updates the Administrative procedure Act (APA), according to Farm Futures.

Similar versions of the bill were passed in 2013 and 2014.

Congressman Peterson also issued a statement.

“This bill will streamline and bring transparency to the regulatory process, ensuring that our farmers, ranchers and small businesses are not regulated out of business. Increasing transparency and accountability will give those who will actually feel the impact of proposed regulations, rather than Washington bureaucrats, a larger voice in the process.”

For more information on administrative law, please visit the National Agricultural Law Center’s website here.

Legislation Signed to Grow Industrial Hemp in NY

Posted December 22, 2014

New York Gov. Andrew Cuomo signed legislation to grow and research industrial hemp, according to a Press & Sun-Bulletin article available here. The Courier Journal also published an article available here and Providence Journal here.

Assemblywoman Donna Lupardo and Sen. Tom O’Mara introduced the bill, and it “creates an agricultural pilot program to study ways to cultivate and manufacture products with the multi-use crop.”

Colleges and universities such as Cornell, Binghamton University, and Paul Smith’s College, have expressed interest in participating in the research program.

The Farm Bill allowed states to conduct hemp pilot programs through their agriculture departments and universities, according to The Courier Journal.

The "amendment language confirms the legitimacy of the pilot programs," Comer spokeswoman Kristen Branscum. "It also safeguards our hemp pilot program from contradictory federal regulations that will impede the progress we've made…without fear of federal government overreach."

American Seed & Oil Company, subsidiary of Algae International Group, expressed their excitement about the industrial hemp cultivation in New York, according to Providence Journal.

"We are thrilled that American Seed & Oil's investment in New York has paid off as a result of the passage of the industrial hemp bill in New York," said Steven Rash, CEO of American Seed & Oil. "We are optimistic that this progress in New York will bode well for American Seed & Oil's national marketing strategy to introduce Medical Marijuana type strains of CBD oil from hemp into all fifty states."

A 2014 Congressional Research Service report estimated the value of hemp imports at $37 million, according to Press & Sun-Bulletin.

“This is an exciting first step for this crop,” Lupardo said. “This research will help guide our farmers and producers when the federal government allows full-scale production.”

For more information, a recent report on hemp as an agricultural commodity from the Congressional Research Service is available on the National Agricultural Law Center's website here.

USDA Requesting Comments on EQIP Rule

Posted December 15, 2014

The U.S. Department of Agriculture (USDA) is publishing a rule that outlines improvements to the Environmental Quality Incentives Program (EQIP), a large conservation program, according to a release available here.

The interim final rule includes program changes authorized by Congress in the 2014 Farm Bill.

"This interim final rule provides a roadmap to help streamline and simplify EQIP for farmers and ranchers," said Agriculture Secretary Tom Vilsack. "We strongly encourage agricultural producers, private forest landowners and stakeholders to provide comments on our implementation processes. This feedback will help us improve our operation and deliver technical and financial assistance more efficiently to our nation's agricultural producers and forest landowners."

The Federal Register is available here.

Comments are accepted until Feb. 10, 2015.

For more information on environmental law, please visit the National Agricultural Law Center’s website here.

USDA to Expand SCO for 2016 Crop Year

Posted November 24, 2014

The U.S. Department of Agriculture’s (USDA) Risk Management Agency (RMA) has announced that it is evaluating the possibility of more than 40 additional crops that may be covered under Supplemental Coverage Option (SCO) insurance for the 2016 crop year, according to a RMA release available here. Insurance News also published the release here.  

SCO is a provision of the 2014 Farm Bill, and it was developed to help protect producers from yield and market volatility. Currently, corn, cotton, cottonseed, grain sorghum, rice, soybeans, spring barley, spring wheat, and winter wheat in selected counties for the 2015 crop year are eligible for SCO. A list of the crops under review can be found on the RMA website here. RMA will provide SCO coverage for any crop under review that has adequate data to operate SCO.

"USDA is committed to making crop insurance available to as many farmers as possible. Expanding SCO to additional crops will provide producers another safety net option," said RMA Administrator Brandon Willis.

RMA has developed an online Crop Insurance Decision Tool to help producers decide whether SCO is right their operation. The tool will help farmers understand how SCO coverage is determined, when it pays, the approximate premium cost, and how it interacts with traditional crop insurance.

For more information on crop insurance programs, please visit the National Agricultural Law Center’s website here.

Conaway Selected New House Ag Committee

Photo credit: Mike Conaway

Posted November 20, 2014

Rep. Michael Conaway, R-Texas has been name Chairman of the House Agriculture Committee, according to a Southwest Farm Press article available here. Farm Futures also published an article available here and Feedstuffs here.

After Conaway was selected as the 50th chairman of the House Committee on Agriculture, he issued the following statement.

"I am humbled and honored to be selected as the 50th chairman of the storied House Committee on Agriculture. The work that farmers and ranchers do is part of our country's foundation. They feed, fuel, and clothe our nation. I look forward to building on the bipartisan work of the chairmen who have led this committee for the past two centuries.”

Ranking member Collin Peterson, D-Minn., congratulated Conaway on his new position, according to Farm Futures.

"As a fellow CPA, I think we can find common ground as the Committee oversees farm bill implementation and reauthorizing the CFTC during the next Congress," Peterson said in a released statement. "The Agriculture Committee has a strong bipartisan tradition, which I look forward to continuing under Chairman Conaway.

Earlier this year Conaway voted in support of the 2014 Farm Bill.

American Soybean Association (ASA) first vice president Wade Cowan congratulated Conaway on behalf of the ASA, according to Feedstuffs.

"Rep. Conaway has a proven track record of representing farmers not only in West Central Texas, but across the country, and he will make a fine chairman," said Cowan. "As chair of the Agricultural Subcommittee on General Farm Commodities and Risk Management, Rep. Conaway exhibited fluent understanding of the complex issues that shape the nation's farm program, and how those issues can impact soybean farmers in the field. With this understanding, we are confident that soybean farmer issues will continue to be well represented within the Committee, and we look forward to working with him and his able staff."