Congress in its infinite wisdom is now doing Big Ag a big favor.  It wants to exempt checkoff programs from having to deal with pesky Freedom of Information Act (FOIA) requests.

The House Appropriations Committee just approved its version of the 2017 Agriculture Appropriations bill along with committee report language getting checkoffs off the hook.

Checkoff programs, you will recall are commodity research and promotion programs run by boards and overseen by USDA.   The Milk Board, for example, does the milk mustache campaign.

Checkoffs mainly do generic marketing.  They are not supposed to lobby.  The USDA is supposed to manage the boards—but not with federal money.

So are checkoffs government programs or not?

The checkoffs like to say they are government when convenient, but not government when inconvenient.  This is one of those times.

The report language says because checkoffs are “not agencies of the federal government,” they should not be subject to FOIA laws.

I learned about this latest example of congressional protection of industry from a tweet on May 2 from Associated Press reporter Candice Choi.

Food commodity trade groups, she shows, wrote a letter to Congress to exempt checkoff programs from being subject to FOIA requests.

Congress happily incorporated that language right into the Appropriations Act.

In their article about this latest act of hypocrisy, Candice Choi and Mary Clare Jalonick write:

On April 11, a group of 14 trade associations sent a letter to Rep. Robert Aderholt, R-Ala., chairman of the House Appropriations agriculture subcommittee, and Rep. Sam Farr, D-Calif., the subcommittee’s top Democrat, asking them to urge USDA to recognize that the promotional programs are not subject to public records requests.  The rationale was that the programs are funded by producers, according to a copy of a letter obtained by the AP.

Irony alert: A Supreme Court decision in 2005 upheld the checkoffs’ collection of fees from producers as being protected as “government speech.”

Hypocrisy alert: Trade associations wrote the letter, not the checkoff boards.  This is because the boards are not allowed to lobby, but their closely related trade associations can.

Choi and Jalonick also point out that:

The checkoff programs were established by the government at the industry’s urging as a way to collect mandatory fees from producers for promotional efforts. That has resulted in considerable marketing muscle for agricultural products. Last year, the egg board had revenue of more than $22 million; the pork board’s revenue topped $98 million in 2014.

The Fern quotes professor Parke Wilde of Tufts University, a long-standing expert on checkoff programs.  These, he says,

have always been subject to freedom of information laws. It stands to reason: Farmers and the public deserve to know what’s really going on with these well-funded USDA-sponsored programs….

Wilde obtained documents

about the 2006 decision by the Pork Board to pay $60 million to the National Pork Producers Council for the rights to the advertising slogan of pork as “the other white meat.” Wilde wrote in 2013, “It looks to me like the sale price was drastically inflated as a way of funneling money from the semi-public checkoff program to the private-sector trade association.”

Just last year, a FOIA request from The Guardian, revealed that the egg checkoff, working with Unilever, agreed to use its influence to have Hampton Creek’s Just Mayo removed from Whole Foods.

Lobbying or not?  You decide.

The National Farmers Union says it

strongly opposes the blurred lines between the commodity trade associations and the checkoff boards. Our policy states that mandatory producer assessments should not go to organizations that engage in lobbying, and no contracts should be awarded to organizations that carry out political or lobbying activities.

FOIA is a central pillar of transparency in our democracy. It provides for an open government where citizens can request records from federal agencies – with some exemptions for national security, law enforcement and personal privacy…Take a look at the letter NFU sent today, and let your members of Congress know that this language is not in the best interest of family farmers, ranchers or consumers.

Thanks to The Hagstrom Report for this list of references

▪ Capital Press — Commodity groups seek Freedom of Information exemption for checkoff boards

▪ National Public Radio — Under Attack, Commodity Promotion Programs Try To Hide Their Emails

▪ U.S. Food Policy —Checkoff program supporters seek to shield checkoff boards from freedom-of-information scrutiny

▪ The Guardian — Largest U.S. food producers ask Congress to shield lobbying activities

▪ Fortune — Where’s the Beef? You Won’t be Able to Find Out if Agricultural Groups Get Their Way

Warren Buffett, the billionnaire who owns 9.3% of Coca-Cola stock, understandably defends its products.  When challenged by shareholders in his company, Berkshire Hathaway, Buffett said:

He also said he drank 700 calories worth of Coca-Cola each day (translation: 44 teaspoons of sugars).  As Michael Jacobson of the Center for Science in the Public Interest put it, this much sugar is not in the interest of anyone’s health.

Maybe the Wizard of Omaha can maintain good health while consuming more than three times the added sugars recommended by the nation’s leading health officials, but it’s a sure-fire prescription for increased risk of diabetes, heart disease, obesity and tooth decay for the rest of his fellow citizens…the American Heart Association whose scientific panels have reviewed the evidence as well call for an even more conservative daily limit of added sugars: six teaspoons for women and nine for men.

Jennifer L. Pomeranz.  Food Law for Public Health.  Oxford University Press, 2016.

I’m told that food law is the hottest area in legal education right now.  At a time when law schools and lawyers are struggling, food law offers opportunities.  Food issues are so controversial that they constitute a full employment act.

Jennifer Pomeranz is my colleague at NYU.  Her book could not be more timely, and I was delighted to give it a blurb:

If you want to know how laws and regulations affect what you eat, how those laws are made, and why they cause so much controversy, Food Law for Public Health is a terrific place to start.

I love cartoons (witness Eat, Drink, Vote: An Illustrated Guide to Food Politics) and was appalled when I read this tweet:

Here’s the offending cartoon:

In a Facebook post the cartoonist, Rick Friday, explained:

I am no longer the Editorial Cartoonist for Farm News due to the attached cartoon which was published yesterday. Apparently a large company affiliated with one of the corporations mentioned in the cartoon was insulted and cancelled their advertisement with the paper, thus, resulting in the reprimand of my editor and cancellation of It’s Friday cartoons after 21 years of service and over 1090 published cartoons to over 24,000 households per week in 33 counties of Iowa.

I did my research and only submitted the facts in my cartoon.

That’s okay, hopefully my children and my grandchildren will see that this last cartoon published by Farm News out of Fort Dodge, Iowa, will shine light on how fragile our rights to free speech and free press really are in the country.

The Des Moines Register explains further:

The CEOs at the ag giants earned about $52.9 million last year, based on Morningstar data. Monsanto and DuPont, the parent of Johnston-based Pioneer, are large seed and chemical companies, and Deere is a large farm equipment manufacturer.

Profits for the three companies, all with large operations across Iowa, also have declined as farm income has been squeezed. After peaking in 2013, U.S. farm income this year is projected to fall to $183 billion, its lowest level since 2002.

US Uncut adds more details:

Friday received an email from his supervisor at Farm News, informing him that he would be fired, citing he was “instructed” by a superior to not accept another cartoon from Friday. The supervisor told Friday that “in the eyes of some, Big Ag cannot be criticized or poked fun at.”

It also published Friday’s cartoons based on his firing.  Here’s one:

Friday has done other cartoons like this.  It’s not surprising that he has corporate advertisers upset.

How to help? Consider a quick note to Farm News about how badly Americans need a free, independent press to discuss farm issues.

Here’s the publisher’s contact information:

Larry Bushman
lbushman@messengernews.net

(Thanks to Daniel Bowman Simon for keeping me up on such things.)

Addition, May 5: Friday’s view of all this.

Philadelphia Inquirer reporter Mike Newall says the beverage industry is spending a lot of money (“flowing like a Big Gulp”) to defeat the City Council’s soda tax initiative—$2.6 million so far (but see footnote below).

Here’s the catch – this time around, the beverage barons only have to win over City Council. There are 17 Council members, so that comes out to about $152,000 in ad dollars each.

Philadelphia is a battleground Big Soda cannot afford to lose.

The soda industry spent more than $10 million to fight soda tax measures in San Francisco (the industry succeeded) and in Berkeley (the industry lost—76% of voters were for the tax).

But what I really want to know is how much the soda industry spent to defeat Mayor Bloomberg’s proposal to cap the sizes of sugary beverages at 16 ounces.  I live in New York City and here’s what I saw the industry do or heard about (much of this is documented in my book, Soda Politics, and in former NYC Health Commissioner Tom Farley’s Saving Gotham; Farley is now health commissioner in Philadelphia):

• Three full-page ads in the New York Times
• Signs on Coke and Pepsi delivery trucks
• A personal mailing to my home
• Tee shirts: “I picked out my beverage all by myself”
• People collecting signatures on petitions against the proposal (they said they were paid $30/hour)
• Airplane banners
• Movie trailers
• Video ads
• Meetings with city officials
• Legal challenges—briefs, court appearances

This was not an election so the soda industry did not have to disclose how much it spent.  But I sure would like to know.

Footnote: Jim O’Hara of Center for Science in the Public Interest reminds me that he wrote a report last year about the amount of money spent by the soda industry to fight public health measures.  You can find it here.  By his count, the industry spent ~$15 million just in New York between 2010 and 2015, but I’m guessing this doesn’t count the soda cap legal fees.

Wonder of wonders, the FDA at last has issued its Final Guidance on Menu Labeling to go into effect a year from now.

Why astonishment?  New York City has had menu labeling since 2008. The national process started in 2010.

Here’s the chronology:

Happily, the rules will cover:

bakeries, cafeterias, coffee shops, convenience stores, delicatessens, food service facilities and concession stands located within entertainment venues (such as amusement parks, bowling alleys, and movie theatres), food service vendors (such as ice cream shops and mall cookie counters), food takeout or delivery establishments (such as pizza takeout and delivery establishments), grocery stores, retail confectionary stores, superstores, quick service restaurants and table service restaurants.

Center for Science in the Public Interest has produced celebratory graphics:

It’s too bad we have to wait yet another year, but menu labels are worth the wait.

The FDA documents:

• Final Guidance for Industry: A Labeling Guide for Restaurants and Retail Establishments Selling Away-From-Home Foods – Part II (Menu Labeling Requirements in Accordance with 21 CFR 101.11)
• Guidance for Industry: Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments: Small Entity Compliance Guide
• Final Rule: Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments

I did an interview last year with Rebecca Straus of Organic Life about books of interest to the magazine’s readers.  I never heard what happened to it but learned from a recent tweet that it is now available online.  So consider this a late catch up.

Marion Nestle’s Favorite Organic Books: Eight reads to get you thinking about where your food is coming from.  Organic Life, September 11, 2015.

Food advocate Marion Nestle, a professor of nutrition and food studies at New York University, has long been outspoken in her support of organic farming and opposition to GMO crops. Her books and articles on how science, marketing, and society impact food choices and obesity have influenced everyone from Michelle Obama to Michael Pollen, who named her the second most powerful foodie in America.  Her new book Soda Politics: Taking on Big Soda (and Winning), comes out in October. But even when she’s busy writing, Nestle takes time to review other recent titles on her popular blog, Food Politics. “I’m overwhelmed by the avalanche of outstanding books that I run across or that get sent to me,” she says. But when forced to choose, she settled on these eight as some of the best writing and original research in the bunch, adding, “They deserve much more attention than they’ve received.”

Food, Farms, and Community: Exploring Food Systems by Lisa Chase and Vern Grubinger

“Many people don’t understand what food systems  are, and it’s very hard to explain, so this book is a terrific introduction. The authors take a big-picture approach to explain how our food gets from production to consumption,.They also focus on how we can create food and farming systems that promote the health of people and planet. It’s very readable.”

The End of Plenty: The Race to Feed a Crowded World by Joel K. Bourne, Jr.

“This book takes a look at industrial farming and discusses how food production must change to meet the world’s demands. But if you think the title sounds depressing, you shouldn’t.  The food situation is so much better than it was 20 years ago. There’s so much more organic, local, and seasonal growing. Students are interested in these issues, and that’s inspiring to me. You can make progress without overturning the whole system. My personal measure is that when we started food studies at NYU in 1996, we were the only program like that in the country. Now every university offers food studies and has an organic garden.”

From Field to Fork: Food Ethics for Everyone by Paul Thompson

“Ethical dilemmas impact the way we shop for food. Should we buy orancic or local? Should we care how farm animals are raised? For people who aren’t trained in ethics, it’s sometimes hard to think about these things, and this book can help you delve into them.”

Organic Struggle: The Movement for Sustainable Agriculture in the United States by Brian K. Obach

“For me, the discussion of the development of the organic standards is the most interesting part of this book. It explains why it’s so important to maintain strict organic standards, and why there’s such intense conflict about them. In fact, the biggest issue facing the organic industry is confidence in the standards.”

Afro-Vegan: Farm-Fresh African, Caribbean & Southern Flavors Remixed by Bryant Terry

“Terry is an extraordinary cook. He’s really concerned about the health of African Americans, who tend to have much higher levels of chronic disease, so he sets out to demonstrate that it’s possible to cook a healthier, vegan diet using the ingredients of traditional African cuisine, like collards, grits, and okra. I’ve never seen a book like this before.”

Lentil Underground: Renegade Farmers and the Future of Food in America by Liz Carlisle

“Carlisle is an incredible author (and Michael Pollan’s protégé). To write the book, she simply went to talk to farmers in Montana to find out what they were doing. It’s very lively. I attended her book tour, and she actually brought the farmers with her – it was clear she was really passionate. Everyone is always talking about how farmers are failing, but this is a success story. It’s inspiring.”

Breadlines Knee-Deep in Wheat: Food Assistance in the Great Depression by Janet Poppendieck

“I have special interest in this one – I wrote the foreword. The author is fabulous, and this book is particularly well done. Anyone who wants to really understand the Farm Bill and the fight about food stamps needs to read this book. We’re seeing enormous congressional fighting over SNAP right now, and those same issues were there from the very beginning.”

Lethal but Legal: Corporations, Consumption, and Protecting Public Health by Nick Freudenberg

“This book is compelling because it draws out the parallels between food issues and things like cigarettes, guns, and alcohol. Food producers use the same corporate strategies as these other industries to enrich themselves at the expense of public health. I believe advocacy is the only way to beat the system, and Freudenberg writes about ways for organizing against coporate power to create a healthier environment.  organize against corporate power for a healthier, more sustainable environment.”