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Last week, the USDA and FDA ended their turf battle and announced a joint framework for jointly regulating cell-based meat products.

Congress instructed them to do this in a statement related to the Appropriations Act:

Not later than 60 days after the date of the enactment of this Act, the Secretary of Agriculture and the Commissioner of Food and Drugs shall enter into a formal agreement delineating the responsibilities of the two agencies for the regulation of cell-cultured food products derived from livestock and poultry. Such agreement shall be made public on the USDA and FDA websites within one day of the completion of the agreement.

These products, not yet on the market, are made from animal cells grown in tissue culture; no animals are killed in the process.

What to call these emerging products is a matter of some debate.  Proponents call them such things as in vitro, lab-based, vat-grown, or clean.

The meat industry wants them called artificial, synthetic, or fake.  It publishes a flier called “Fake Meat Facts.”

The proposed plan calls for the FDA to regulate the collection of animal cells, cell banks, and cell growth—the processes.  USDA will oversee production, as it does for live animals and poultry.

Much must be at stake.  The agencies’ framework is proactive; the products are not expected to be marketed for several years.

The meat industry is relieved that USDA is in charge.

National Cattlemen’s Beef Association President Jennifer Houston said, “The formal agreement announced today solidifies USDA’s lead oversight role in the production and labeling of lab-grown fake meat products.”

“This is what NCBA has been asking for, and it is what consumers deserve,” Houston said.

The market for these products is expected to be huge, but questions remain:

• Lab-based: Is it really environmentally friendly?
• And yes, more research is needed.

We will be hearing a lot more about these products as they head to market.

The Washington Post reports that the USDA has committed about $5 million of bailout funds to buy 1.8 million pounds of pork products from the Brazilian meatpacker, JBS.

The bailout funds were supposed to help U.S. commodity producers who lost sales because of the tariff disputes with China.

JBS is the biggest meat seller in the U.S. It employs 73,000 people here.

Maybe the USDA thought it was an American company?

Globalization in action…

As I noted earlier, Congress passed the 2018 Farm Bill without gutting SNAP but President Trump exacted a price for signing it—making it harder for States to exempt participants from work requirements.

The USDA released its new work-requirement rules just as Congress was passing the bill (here is the USDA’s quick Infographic summary).

As Politico put it, “USDA unveils crackdown on SNAP waivers.”

In his Orwellian press release, USDA Secretary Purdue said the new rules are:

intended to move more able-bodied recipients of Supplemental Nutrition Assistance Program (SNAP) benefits to self-sufficiency through the dignity of work. The rule is meant to restore the system to what it was meant to be: assistance through difficult times, not lifelong dependency…Long-term reliance on government assistance has never been part of the American dream.

In an even more Orwellian op-ed, Purdue said:

This restores the dignity of work to a sizeable segment of our population, while it is also respectful of the taxpayers who fund the program.

Americans are generous people who believe it is their responsibility to help their fellow citizens when they encounter a difficult stretch. That is the commitment behind SNAP. But like other Federal welfare programs, it was never intended to be a way of life. A central theme of the Trump administration has been to expand prosperity for all Americans, which includes helping people lift themselves out of pervasive poverty.

Trump’s statement outdoes anything Orwell could have imagined:

Today’s action will help Americans transition from welfare to gainful employment, strengthening families and uplifting communities…That was a difficult thing to get done, but the farmers wanted it done. We all wanted it done. I think, in the end, it’s going to make a lot of people very happy.

Why Orwellian?

Farmers?  Strengthening families?  Uplifting communities?  Making people happy?  Trump has to be kidding.

The true purpose of the new requirements is to reduce SNAP enrollment, never mind that most people who participate in SNAP really need it.  The USDA says the new policy will 755,000 people out of the current 39 million.

Under current SNAP rules, adults who can work (able-bodied adults without dependents— ABAWDs) must work or be in training at least 80 hours per month.  Otherwise they are only allowed to get SNAP benefits for up to three months in a three-year period.

But states can apply for waivers of this time limit, and 36 states have done so.

One reality check: Because the USDA does not keep data on food stamp recipients who participate in state employment and training programs, or on whether such programs do anything useful to help SNAP recipients achieve self-sufficiency, there is no way to know whether the new requirements will do any good.

I’m not the only one saying so.  The Government Accountability Office has just issued a report making precisely this point.

As the Center on Budget and Policy Priorities explains:

Taking essential benefits like food benefits away from those who are unemployed wouldn’t address the inequities in the labor market or the challenges that so many workers face. Instead of punishing struggling workers, policymakers should support them through ideas with bipartisan support, such as a higher minimum wage, a stronger Earned Income Tax Credit, and paid family leave.

Maybe someday.

The USDA has announced some changes to the school food rules implemented in the previous administration.  The USDA press release explains:

• First, it will broaden the milk options in the National School Lunch Program and School Breakfast Program by allowing local operators to permanently offer flavored, low-fat milk. For consistency across nutrition programs, it will also allow flavored, low-fat milk in the Special Milk Program for Children and in the Child and Adult Care Food Program for participants ages 6 and older. [My translation: a green light to sugar-sweetened milk].
• Second, this final rule will require that half of the weekly grains in the school lunch and breakfast menu be whole grain-rich, thus ending the need for the exemption process. [Translation: Schools can serve a lot fewer whole-grain foods].
• Third, it will provide schools in the lunch and breakfast programs more time for gradual sodium reduction by retaining Sodium Target 1 through the end of school year (SY) 2023-2024, continuing to Target 2 in SY 2024-2025, and eliminating the Final Target that would have gone into effect in SY 2022-2023. [Translation: Good-bye Target 3; forget about serious sodium reduction].

By codifying these changes, USDA acknowledges the persistent menu planning challenges experienced by some schools, and affirms its commitment to give schools more control over food service decisions and greater ability to offer wholesome and appealing meals that reflect local preferences.  [Translation: USDA is committed to letting schools serve junk foods].

It’s worth reading the Federal Register notice:, which reveals:

• 97% of more than 84,000 comments on grain flexibility opposed the changes.
• 96% of more than 83,000 comments on sodium flexibility opposed the changes.

Most schools had implemented the previous rules just fine.  In today’s Orwell-speak, greater “flexibility” means that USDA cares a lot more about the health of the companies that sell meals and snacks to schools than it does to kids’ health.

These changes provide further evidence of corporate capture of USDA.

Three reactions of interest

• CSPI’s statement
• American Heart Association’s statement
• The Lunch Tray’s Bettina Siegel’s reevaluation

I listened in yesterday to the webinar on USDA’s proposed relocation and reorganization of the Economic Research Service.  Participants included Scott Swinton (Michigan State University), Cathie Woteki (former undersecretary for research at USDA), Susan Offutt (former ERS head), Gale Buchanan (another former undersecretary for research, USDA), and Stephen Censky (current USDA deputy secretary). The former officials were unanimous in arguing that the proposal to relocate the agency outside of Washington DC and reorganize it into the USDA Secretary’s office was “ill-conceived,” made no sense, was done without appropriate consultation, was potentially illegal, would politicize the agency, and would damage, if not destroy, an agency that is the jewel of USDA. The USDA says the reasons for doing this are easier recruitment, cheaper rent, closer alignment with the Secretary’s policy initiatives, and getting the agency closer to stakeholders.  None of these bears up under even the most casual scrutiny. So what is this really about? I’m guess that this is about getting political control over—silencing—an agency that conducts independent, unbiased, nonpartisan research that risks leading to inconvenient truths. Here, for example, are some recent publications [with my comments].

• Participation in USDA’s Supplemental Nutrition Assistance Program (SNAP): Effect of Local Labor Market Conditions in Oregon: Local labor market conditions were strongly linked to the probability of leaving SNAP… When labor market conditions were measured at the local level, researchers estimated a greater responsiveness by SNAP recipients to labor market conditions, as opposed to what other researchers have measured at the State or national levels [if there aren’t jobs available, people will need to stay on SNAP].
• Household Food Security in the United States in 2017: An estimated 11.8 percent of American households were food insecure at least some time during the year in 2017, lacking access to enough food for an active, healthy life for all their members. That is down from 12.3 percent in 2016 [but still high].
• High-Poverty Schools Are More Likely To Adopt the Community Eligibility Provision of the USDA School Meal Programs: The Community Eligibility Provision (CEP) allows eligible schools to offer USDA school meals to all students at no charge. During the 2016-17 school year, 47 percent of U.S. school districts eligible to use CEP used the provision in at least one school [less than half are giving kids free meals].

ERS is not broke and does not need fixing.  The proposal must be understood as an attempt to destroy the ERS.  Participants called for:

• Congressional hearings
• An independent cost-benefit analysis
• Delay further action until then or, better yet, a full stop

I am a big user of ERS data and a great admirer of the work of ERS economists. Other views on the webinar and this issue

• Agri-Pulse
• Center for Progressive Reform
• Politico (behind paywall, alas)

Additions, September 24

The groups that did the WEbinar have forwarded links:

• USDA Research Relocation and Reorganization: Perspectives from Former USDA Chief Scientists and Administrators (464 people registered).
• The recording is online .
• The slides are online.
• The webinar webpage is online.
• The sign-on letter—organizations only—to Congress is at www.tinyurl.com/ERS-Strong
• Another sign-on letter for former administration officials and heads of statistical agencies is at www.tinyurl.com/StrongERS4USDA.

These ask Congress to:

• retain the ERS in the national Capitol region;
• maintain and strengthen the integrity and independence of the ERS as a statistical agency; and
• keep the budget and personnel for the USDA Economic Research Service at least at FY 2018 levels.

Additions, September 25 (thanks to the Hagstrom Report

▪ USDA — Secretary Perdue response to Roberts and Stabenow
▪ American Statistical Association — Count on Stats
▪ — Fact Sheet
▪ — Friends of Agricultural Statistics and Analysis Sign-On Letter Opposing USDA re-organization and re-alignment of the Economic Research Service
▪ — USDA Economic Research Service Sign-On Letter – Former administration officials and statistical agency leaders
▪ — NIFA Relocation Letter to Congress
▪ Center for Progressive Reform — Draining Washington of Science and Talent

The FDA held a public meeting last week on lab-grown “meat,” meaning, in FDA-speak, “foods produced using animal cell culture technology.”  The meeting agenda is here.

At issue are:

• Basic questions about transparency, marketing, environmental sustainability (see report by Friends of the Earth).
• The safety of these products (Consumer Reports has questions about the safety of these products).
• Can these products be called meat?  (The Atlantic calls this issue “farcical”).
• Which agency, FDA or USDA, should regulate them and decide such questions?

The FDA’s announcement of the meeting, and FDA Commissioner Scott Gottlieb’s statement staked FDA’s territory over these products.  Gottlieb said:

The FDA has a long history of ensuring food safety and applying our statutory framework while supporting rapidly evolving areas of technological innovation in food. The agency currently evaluates microbial, algal and fungal cells generated by large-scale culture and used as direct food ingredients. The agency administers safety assessment programs for a broad array of food ingredients, including foods derived from genetically engineered plants, and also manages safety issues associated with cell culture technology in therapeutic settings.

But if these foods are meat, then USDA is responsible for their regulation.  In a statement to Politico (behind paywall), a USDA spokesperson said:

According to federal law, meat and poultry inspections are the sole purview of USDA, so we expect any product marketed as ‘meat’ to be USDA’s responsibility. We look forward to working with FDA as we engage the public on this issue.”

Politico points out what’s at stake in the jurisdictional dispute.

There are at least 10 lab-grown meat companies across the globe that are furiously working to figure out how to get their products to market. Some of the startups are driven by a desire to reduce animal agriculture’s environmental footprint as developing countries increasingly drive demand for meat and dairy products. Major investors who’ve moved to get into the action include innovators like Bill Gates, Richard Branson, and Tyson Ventures, an investment arm of meat giant Tyson Foods.

The meat industry, as you might expect, does not want these foods to be called “meat.”  But the industry has not reached agreement on strategies (some meat companies have invested in lab-grown meat startups).

The US Cattlemen’s Association (USCA) in February asked federal government regulators to adopt a definition for meat that would exclude cell-cultured products (often called “clean meat“).  This week though, the more-powerful National Cattlemen’s Beef Association (NCBA) asked the same regulatory agency to rule the opposite.

The NCBA wrote  a letter to USDA stating its position:

NCBA is alarmed by the growing number of flagrantly deceptive food product labels proliferating the marketplace. Consumers have the right to expect that the information on food labels is truthful and not misleading, just as all food products should expect to compete on a fair, level playing field…NCBA firmly believes that the term beef should only be applicable to products derived from actual livestock raised by farmers and ranchers.

Global Meat News has a good summary of the industry’s concerns.

Four members of Congress chided the FDA for jumping into this:

Cell-based food technologies and products are an emerging science, and both agencies should be working collaboratively on a scientific approach towards a framework to regulate these products.

Good luck with that.  The Food and Environment Reporting Network (FERN) has a report on the FDA meeting.  I’m quoted:

Between the two agencies, I favor FDA…USDA’s primary role is to support and defend industrial agricultural production. The agency tolerates, but is unenthusiastic about organics. It will do the same for lab-based meat.

The FDA has opened questions about lab-grown meat for public comment.  File comments here.  The deadline is September 25.

Added comment

At a Politico Summit meeting today,

FDA Commissioner Scott Gottlieb said…that the agency is working closely with USDA on early efforts to establish a regulatory framework for lab-grown meat, or “cell-cultured foods,” the FDA’s preferred name for it.

We shall see.

The Trump Administration announced its new plan to reorganize government.  Obviously, this affects the agencies dealing with agriculture, food, and nutrition issues—USDA, FDA, and FDA’s parent agency, HHS.  Here is my translation of the major shifts being proposed:

• Move most of USDA’s nutrition programs—SNAP, WIC, the Child and Adult Care Food Program, and the Farmers’ Market Nutrition Program—to HHS.
• Move FDA’s food safety oversight to USDA, putting USDA in charge of all food safety.
• Downsize the Public Health Service Commissioned Corps.

Congress would have to vote on all this so there’s no point in going too deeply into the weeds at this point, but I have just a few comments:

• Putting all food safety oversight in one agency is a good idea, but not if it’s USDA.  USDA’s principal purpose to to support agribusiness.  Holding agribusiness responsible for food safety puts USDA in conflict of interest.
• Moving SNAP and WIC into HHS (or whatever its new name will be) would make sense if HHS weren’t already overwhelmed by everything else it has to deal with (more than a trillion dollars in spending).
• The proposal still leaves school breakfasts and lunches and commodity programs in USDA, meaning that food assistance programs will still be split between USDA and HHS.
• Downsizing the Commissioned Corps doesn’t make much sense either.  Public health needs all the health it can get.

Whatever happens with this is unlikely to happen quickly.  USDA will not be happy about losing SNAP’s $80 billion a year or WIC’s $6 billion budget.

Many other agencies are also affected by these proposals.  My prediction: Congress will have a lot of trouble coming to agreement on these ideas.

Maybe this is just another attempt to distract us from more pressing matters.

Law Professor Timothy Lytton, an expert on food regulatory policy, has plenty to say about why moving food safety to USDA won’t work (in my paraphrasing):

• Congressional committees are unlikely to support any reorganization that would reduce their power.
• Industry associations are unlikely to support a reorganization that would disrupt their influence with existing agencies.
• The two agencies are different in jurisdiction, powers and expertise; a merger would require a complete overhaul of federal food safety laws and regulations, a task of extraordinary legal and political complexity.
• A merger might create new forms of fragmentation.
• Reorganization is expensive and will take years.  The payoff is unclear.

As I’ve explained before, plans for a single food safety agency have been in the works for years, but have encountered many barriers.  The Food Safety Modernization Act was meant to be step #1 in a three-step process:

1. Pass and implement rules governing FDA’s oversight of pretty much all foods except meat and poultry (this is now done).
2. Fix USDA’s food safety rules governing meat and poultry so they are consistent with FDA’s (in the talking stage, hopefully).
3. Merge the food safety responsibilities in one agency.

These proposals, alas, ignore step #2.  Good luck with that.

I am just getting to this (better late than never), but in March Congress passed the 2,232-page appropriations bill H.R. 1625 (115).  This continued funding for the federal government until the end of September.

Despite White House calls for deep cuts—this bill gave:

• USDA and FDA $23.3 billion in discretionary funding, $2.4 billion above current levels.
• USDA USDA Farm to School Grant Program $5 million
• Food for Peace ,$1.7 billion
• Sustainable Agriculture Research and Education Program, $35 million, a 30% increase since last bill
• USDA Economic Research Service, $86.75 million, above USDA’s request of $77 million.
• USDA Agricultural Research Service, $1.2 billion, above the $993 million request
• Agriculture and Food Research Initiative, $400 million, $25 million more than in 2017
• USDA Animal and Plant Health Inspection Service, $981.1 million, $925 million more than current spending.
• Child nutrition programs (school meals), $24.25 million, $2 million more than current levels.
• Women, Infants, and Children (WIC), $6.175 billion in discretionary funding over two years
• Commodity assistance programs (soup kitchens, food banks, farmer’s market nutrition programs and other emergency assistance programs), $322.1 million over two years, and above current $313 million

But then there’s SNAP, where the real money is: $74.01 billion.  This is a $4 billion cut from current levels, and “subject to any work registration or workfare requirements as may be required by law.”

Except for SNAP, these look good for the next few months.

But the Farm Bill can change all this and we have yet to see what Congress will do about it.

And, according to Politico, the White House is expected to ask for up to $60 billion in cuts.

Start lobbying now.