Search results: in bed with Congress

The best explanation of what’s happening with the long-delayed 2012 farm bill comes from the National Sustainable Agriculture Coalition.  In September, it produced a still very much relevant Q and Aon the topic. The 2008 farm bill expired without being renewed.  If Congress does not act soon, farm policy will be in big trouble. Here are some brief excerpts:

What is the relationship between the farm bill and the automatic budget cuts scheduled for January 1? The new farm bill, when and if it becomes law, will cut more spending from farm bill programs overall, on a net basis, than the automatic budget cuts scheduled to begin on January 1 under the requirements of the Budget Control Act of 2011…Whether Congress postpones the start date for automatic cuts or in other ways amends the Budget Control Act when it returns to DC after the elections is one of the biggest issues hanging over the lame duck session.

What are the farm bill choices that Congress has during the lame duck session? There are two theories about what happens next.  In one, the House returns after the elections and finally brings its bill to the floor, passes the bill with amendments, the House and Senate versions then get reconciled in a farm bill “conference” committee, and a melded final bill is…sent to the President for his signature — all within the three to five weeks of the short “lame duck” session. In the other theory, Congress returns after the election and works out the details of a bill to extend, with some modifications, the 2008 Farm Bill until a date in the spring, summer, or fall of 2013.  Under this scenario, the new session of Congress that begins in January (and lasts for the next two years) will start the five-year farm bill process all over again, with both House and Senate Agriculture Committees formulating a new bill that will then go through the entire legislative process all over again….

Could a new Congress next year simply revert to the farm bills passed this year? No, not exactly.  Legislation does not carry forward from one Congress to the next.  The process must start all over again, with bills introduced, markups in Committee, and votes on the floor of both bodies… That said, if the leaders and members of the Agriculture Committees (some of whom will be new next year) decide to bring forth and approve essentially the same bill they produced in 2012, that is an option open to them.  But it still must go through the normal process and be subject to amendments and voting all over again.

What is the best path forward? There can be little doubt that the best path forward is for Congress to finish its work on the 2012 Farm Bill in 2012.  That will mean getting the House bill to the House floor very quickly when the lame duck session begins, but leaving plenty of time for debate and amendments.

As to what to do about the farm bill: The Atlantic has just posted a speech by Wendell Berry on “the 50-year farm bill.”

I have described the need for a farm bill that makes sense of and for agriculture — not the fiscal and political sense of agriculture, as in the customary five-year farm bills, but the ecological sense without which agricultural sense cannot be made, and without which agriculture cannot be made sustainable. “A 50-Year Farm Bill,” which has been in circulation now for more than three years, is a proposal by The Land Institute in Salinas, Kansas, with the concurrence of numerous allied groups and individuals. This bill addresses the most urgent problems of our dominant way of agriculture: soil erosion, toxic pollution of soil and water, loss of biodiversity, the destruction of farming communities and cultures. It addresses these problems by invoking nature’s primary law, in default of which her other laws are of no avail: Keep the ground covered, and keep it covered whenever possible with perennial plants.

We need a farm bill that promotes health–of people and the planet.  Buried in the messy politics of the farm bill is an opportunity to do much good.

Will Congress take it?  Only if we insist.

Former Senator (D-SD) George McGovern died yesterday at age 90.

His accomplishments as a Senator and statesmen were legion, many of them strongly connected to food politics.

As I mentioned in 2009 when I gave the state department’s annual George McGovern lecture in Rome, he chaired the Senate Select Committee on Nutrition and Human Needs from 1968-1977.   This committee greatly expanded food assistance programs and then developed the first federal guidelines for chronic disease prevention: Dietary Goals for the U.S.

In Food Politics, I described the work of this strongly bipartisan committee (Bob Dole was its lead Republican member) and how it did so much to improve the lives of women and children living in poverty in the United States, and of poor people throughout the world.

The committee also broke new ground in shifting nutrition education from a focus on eating more of a variety of foods to eating less of foods that increased risks for chronic disease.

What’s shown here is the February 1977 version of this landmark report.  As the result of outraged protests by food producers affected by the “eat less” messages, the committee was forced to tone down its recommendations.  The committee issued a revised report in December that year.

That was the committee’s final act.  Congress disbanded it and McGovern lost his bid for reelection.

McGovern leaves an extraordinary legacy, one unimaginable in this era of partisan politics.

He was far ahead of his time, as this 1977 photo shows.  It is a fitting tribute.

The politics of obesity in the United States has no lack of irony.

On the one hand, representatives Steve King (R-Iowa) and Tim Huelskamp (R-Kansas) have introduced legislation—the No Hungry Kids Act—to repeal USDA nutrition standards for school meals.

Why would they do this?   Because they are concerned that students, poor things, won’t get enough to eat.

On the other hand, Mission Readiness, a group of retired military officers, has released Still too Fat to Fight, a report arguing that junk foods and sodas in schools are the reasons why so many young American men cannot qualify for military service.

The report says:

• About 1 in 4 young American adults is now too overweight to join the military.
• Being overweight or obese is the number one medical reason why young adults cannot enlist.
• The U.S. Department of Defense alone spends an estimated $1 billion per year for medical care associated with weight-related health problems.

 Why is this happening?

Students in the United States consume almost 400 billion  calories from junk food sold at schools each year. If the calories were converted to candy bars this would equal nearly 2 billion bars and weigh more than the aircraft carrier Midway.

The military, says Mission Readiness, is doing what it can but “it cannot win this fight alone.  The civilian sector needs to do its part.”

Mission Readiness: start talking to Congress!

Food politics does make strange bedfellows.

In an astonishing display of what can only be described as chutzpah* Del Monte sued the FDA for insisting on a recall last March of its cantaloupes likely to be contaminated with a toxic form of Salmonella Panama. Now Del Monte is also suing the State of Oregon.

On what grounds?

Notably, “[t]he FDA investigation ultimately found no connection between Del Monte Fresh cantaloupes and any cases of Salmonella Panama, including in Oregon,” the company says. “FDA issued a notice ending the recall on July 29, 2011.”

The CDC thinks otherwise.  Its investigations pointed to imported Del Monte cantaloupes as the source of an outbreak that affected 20 people in several states:

Twelve of 16 ill people reported eating cantaloupe in the week before illness. Eleven of these 12 ill people ate cantaloupes purchased at eight different locations of a national warehouse club. Information gathered with patient permission from membership card records helped determine that ill persons purchased cantaloupes sourced from a single farm. Product traceback information indicated these cantaloupes were harvested from single farm in Guatemala.

FoodSafetyNews reviews the history of this particular recall.  It agrees with Del Monte that tests performed in April on cantaloupe samples from the Guatemala farm came out negative for Salmonella and that the FDA has now ended the recall.  But:

Del Monte had announced the recall in March, after the suspect melons had passed their shelf-life date. It is not clear whether any of the cantaloupes tested were actually the suspect melons. In foodborne illness investigations, samples of the food from the same batch eaten may no longer available by the time the connection to an outbreak is made. Epidemiology, rather than a contaminated sample, is the evidence that points to a likely source.

For these reasons, attorney Bill Marler terms the lawsuit “frivolous.”  He is suing Del Monte on behalf of a sick client.

Public health agencies doing their jobs to protect the public now have to defend against lawsuits like this?  Putative cause is no longer enough to order recalls?

U.S. courts are not famous for understanding epidemiology or other aspects of public health and I’m wondering what effect this suit will have on public protection against foodborne illness.  What standard of proof will the courts require?

Lawsuits are chilling.  Congress has just granted the FDA the authority to order recalls.  Food producers were not happy about that provision.  This is one way to get around Congress and the FDA.

It is worth asking who gains and who loses from lawsuits like this.

*Hence: chutzpah, which if you aren’t familiar with the term, is the Yiddish word for outrageous audacity.

Utne reader has just announced the most interesting contest: redesign the food label.

The contest is sponsored by Good magazine and the UC Berkeley Graduate School of Journalism’s News21 program.  It is called the Rethink the Food Label project.

Anyone can enter.  Just think of some way that would make the label more useful.

The FDA is currently working on doing just that, and for good reason.  The label is so hard to use that the FDA devotes a lengthy website to explaining how to understand and use it.

This too is understandable.  The Nutrition Facts label is the result of regulations in response to the Nutrition Labeling and Education Act of 1990.  When the FDA started writing regulations to implement the Act, it tested consumer understanding of a bunch of potential designs.

The result?  Nobody understood any of them.  The FDA, under pressure to complete the regulations by the congressional deadline, chose the option that was least poorly understood–the best of a bad lot.

Surely someone will come up with something better than this?  The deadline for submission: July 1. One of the judges is Michael Pollan. Give it a try!

Michael Taylor, deputy commissioner for food at FDA and long a proponent of food safey, gave a speech on January 27 outlining the FDA’s plans for implementing the new food safety law.

He pointed out that the new law says:

• Food producers and processors must institute preventive controls.
• FDA has new legal powers to ensure that they do.
• FDA can focus efforts on riskiest foods.
• Food importers must meet accountability requirements.

Taylor got right to the point:

So, let me give you a sense of what you can expect from FDA.

First, we’ll hit the ground running…So we embark on implementation with considerable momentum.  

Second, the vast workload that comes with the new law – over 50 new regulations, guidances, programs and reports to Congress – means we have to set priorities for our work…you can expect timely completion of the rulemakings required to set standards for produce safety, preventive controls, and intentional adulteration…And you can count on us giving high priority to building the new import oversight system.

Third, we are absolutely committed to full, transparent engagement with all stakeholders – industry, consumers, public health experts, and other government colleagues – to take advantage of their expertise and diverse perspectives.   

Finally, you can count on FDA to maintain its strong commitment to public health and to achieving the new law’s public health goal in a manner that is in keeping with the consensus that gave rise to the legislation. 

As for the vexing question of how the beleaguered FDA is going to be able to pay for all this?

And, in a world of finite resources, we’ll change how we work to make the best use of every resource we have…Make no mistake, resources will be a continuing issue as we work to build the new food safety system. 

As I hope I’ve made clear there is a lot FDA can and will do to put the new law into action and build the foundation for a new system, but completing the system – fulfilling the Congressional vision embedded in the new law – will require new resources and investment.  

We look forward to working on this issue with our colleagues in industry and the consumer community, and with leaders in Congress. 

Well, good luck with that last one. Members of agricultural appropriations committees have already threatened no new resources for FDA.

Recall: FDA, an agency of the public health service (like NIH or CDC), gets its funding from agricultural appropriations committees—not health committees.  Nobody talks about this bizarre historical anomaly very much but I see it as a huge problem for FDA and one that badly needs fixing.

The fix isn’t likely to happen in this administration but without adequate resources, FDA is severely constrained in what it can do.  Taylor is telling the industry that FDA is not going to wait for resources to get started on its new legal authority to protect public health. 

Let’s hope this works.

Following the ongoing saga of S. 510, the Food Safety Modernization Act, is like taking a graduate course in political science.   And sociology graduate students everywhere should be writing dissertations on how a bill designed to help protect the public from food hazards like Salmonella and E. coli O157:H7  became a flashpoint for debates about the role of government in personal choice.

Let’s start with the rumors.   I’m hearing from sources inside the Beltway that the Senate and House have agreed to pass S. 510 in part because they can use it to get something else they want: repeal of an annoying provision in the health care reform act passed last spring that requires 1099 tax reports for business purchases.

The Senate is said to be dealing with S. 510 late in the afternoon or early evening of Monday, November 29.  It is supposed to work like this:

• There will be a cloture motion, which will pass with 60 votes.
• The Senate will agree that all amendments to S. 510 will require 67 votes.
• Senator Coburn will offer amendments, but they will not get 67 votes.
• The Senate will add language repealing the 1099 tax provision.
• The Senate will pass the bill (this needs 51 votes)
• The House will agree to accept the Senate bill as written with no changes.
• The bill will get sent to President Obama to sign before Congress adjourns.
• The President will sign the bill.

Maybe, but this does not sound like a done deal to me.  For one thing, opposition to S. 510 seems to be getting noisier.  Remember the adage “politics makes strange bedfellows?”  Take a look at the groups who now oppose the bill, united in their opposition to giving the FDA or government any additional authority:

• The health food industry
• The dietary supplement industry
• The meat industry: American Meat Institute, Cattlemen’s Association, etc.
• The Tea Party
• The raw milk community and its legal arm, the Farmer to Consumer Legal Defense Fund
• Some, but by no means all, small farmers and advocates for them

Missing from this list is Big Agriculture, an absence explained by the fact that the bill does not apply to feed commodities or to seeds.

As for the Tester amendment exempting small farms from certain provisions of the bill: It is opposed by 20 organizations of vegetable growers, and is also is likely to be opposed by companies like Monsanto which do not want the FDA making safety decisions based on size or anything else except risk.

Caroline Scott-Thomas writes in FoodNavigator-USA that all food producers, large and small, should be producing food safely, not least because bacteria do not care how big a farm might be: 

Think about it: If a large-scale cheese maker refused to recall potentially tainted products for financial reasons, as the Estrella Family Creamery is doing, would it inspire dewy-eyed sympathy? I doubt it.

I agree, and also with the comments of Bob Whitaker, the Produce Marketing Association’s Chief Science Officer, who points out that plenty of growers are already using preventive controls like the ones requires by S.510:

There are a lot of very small growers who are already doing this.  I think there is plenty of evidence where growers have already made this a priority and they have been able to do so in a pretty innovative manner. There is a cost to this…But it doesn’t have to be overwhelmingly expensive. A lot of this is common sense.  People need to dive in and understand that this is food and you have to take responsibility for the safety of our food, to the extent that you can… Consumers have to be confident that our products are safe.

I’ve seen this too.  Lots of small food producers do everything they can to reduce microbial risks.  They don’t need a government agency to tell them what to do.

Others, however, won’t take safety steps unless forced to.  That’s why we need this bill to pass.

In the meantime, the debate continues. USA Today, long concerned about food safety, favors the bill. Senator Coburn, however, does not.

Happy Thanksgiving holiday, everyone.

And special thanks to Carol Tucker Foreman of Consumer Federation of America for cluing me in on the latest developments.

Addition: Safe Tables Our Priority (STOP), a food safety advocacy group formed originally by parents of children harmed by eating fast-food hamburgers, strongly favors S. 51o.  Under its auspices, 80 victims of foodborne illness have written a letter to the Senate in the hope that this will help solidify support for passing this bill.

Many of us have traveled to Washington D.C. numerous times to meet with lawmakers, sharing our personal stories as to why stronger food safety laws are necessary; others of us have written opinion pieces, letters, and blog entries urging action on this important legislation. S. 510 would be the first major overhaul of the FDA’s food-safety authorities in decades. It is time to pass this legislation.