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Leafy greens contaminated with toxic E. coli make eaters very sick (this is an understatement).

Toxic E. coli are excreted by cattle raised in the vicinity of lettuce and spinach fields.

But leafy green safety is overseen by FDA whereas everything having to do with food animals is overseen by USDA.

This is why the latest moves by FDA about leafy green safety are so noteworthy.

• The FDA is warning leafy green growers that they must take better precautions to prevent E. coli contamination.
• It also is warning cattle growers that they must prevent wastes from contaminating leafy green fields.

The Big Question: Will—can—the FDA force cattle ranchers and leafy green growers to adhere to food safety precautionary measures?

Let’s hope.

Here are the relevant documents:

FDA statement on release of a report on a 2020 outbreak

The findings of foodborne illness outbreak investigations since 2013 suggest that a likely contributing factor for contamination of leafy greens has been the proximity of cattle. Cattle have been repeatedly demonstrated to be a persistent source of pathogenic E. coli, including E. coli O157:H7.

Considering this, we recommend that all growers be aware of and consider adjacent land use practices, especially as it relates to the presence of livestock, and the interface between farmland, rangeland and other agricultural areas, and conduct appropriate risk assessments and implement risk mitigation strategies, where appropriate.

Report on the 2020 outbreak investigation

The analysis has confirmed a positive match to the outbreak strain in a sample of cattle feces, which was collected during follow-up investigations on a roadside, uphill from where leafy greens or other food identified in the traceback investigation were grown. While the finding does not provide definitive information on how E. coli may have contaminated product during the growing and harvesting season, it does confirm the presence of a strain of E. coli O157:H7 that causes recurring outbreaks in a more narrowly defined growing region and a potential, continued source of contamination.

Leafy Green STEC Action Plan

As outbreaks have continued to occur, despite significant efforts in recent years, greater emphasis will be needed around such complex issues as adjacent land use, agricultural water, and understanding likely routes by which human pathogens may contaminate leafy greens.

Former FDA food safety official Michael Taylor’s comment on these documents

FDA declared the recurring strain implicated in the 2020 outbreak to be a “reasonably foreseeable hazard,” which FDA attributed to the presence of cattle on land adjacent to growing fields.  This finding seems obvious and shouldn’t be surprising. The surprise, however, is that FDA used regulatory language to express its finding and spelled out the implications: farms covered by the FSMA produce safety rule “are required to implement science and risk-based preventive measures” to minimize the risk of serious illness or death from the E. coli hazard…I do not anticipate FDA taking judicial action to enforce its April 6 finding, absent egregious practices or clear negligence in a particular leafy green growing situation. I do see, however, a heightened sense of urgency at FDA and frustration that efforts to date have not solved the leafy greens safety problem. I share that frustration.    

Food safety lawyer Bill Marler’s comment

The FDA took specific aim at California growers as the cause of repeated and ongoing outbreaks, putting the responsibility of combating the outbreaks squarely on the growers.

FDA’s investigations into foodborne illness outbreaks are available from its outbreak page.  These are the ones from 2020.

USDA Secretary Tom Vilsack has announced the end of the Farmers to Families food box program.  As reported by The Counter,

The reality is the food box program was set up to respond to Covid. There were a lot of problems with it, a lot of problems,” said Secretary of Agriculture Tom Vilsack in a congressional hearing on Wednesday. Over the last year, we’ve reported on many of those problems—namely high prices, uneven distribution, and lack of oversight.

This program, which has cost at least $5.5 billion to date, was ostensibly supposed to help farmers by buying their produce and provide food to people who needed it by distributing it through food banks and pantries.

I say “ostensibly” because its real purpose was to undermine SNAP.

Food boxes were one of three ways the Trump Administration acted to reduce SNAP enrollments and expenditures (the other two were enforcement of work requirements and invocation of the public charge rule denying residency and citizenship to people who used public benefits, even benefits to which all residents are entitled).

To review the history of this program:   In 2018, Trump’s Budget proposed to replace some of SNAP benefits with “Harvest Boxes”—along the lines of those provided by Blue Apron, apparently.   The proposal provided few details.  It was immediately criticized for its lack of information about logistics, composition of the boxes, fresh foods, and choice.

USDA Secretary Sonny Perdue did not give up on the idea, however.  The Coronavirus pandemic gave him the excuse he needed to start the program, now called Farmers to Families.

This seemed reasonable in theory.  Distributors would collect unsold produce from farmers, pack it in boxes, and deliver the boxes to food banks.  Farmers would have income for what they produced; this would help people who lost their jobs during the pandemic.

In practice, small farmers were quickly dropped from the program, Black farmers were excluded, and people who got the boxes got whatever was in them—not always what was supposed to be in them.

Here’s what the USDA says the program delivered:

To date USDA contractors have delivered 157,996,398 of fresh produce, milk, dairy and cooked meats to disadvantaged Americans across the country

35.7 million food boxes invoiced in round one (May 15-June 30)

50.8 million food boxes invoiced in round two (July 1-August 31)

15.2 million food boxes invoiced in round two extensions (September 1 – September 18)

18.8 million food boxes invoiced in BOA Contracts (September 22 – October 31)

12.4 million food boxes invoiced in round four (November 1 – December 31)

25.1 million food boxes invoiced in round five (January 19 – April 30)

I say R.I.P.  The Biden Administration’s shoring up of SNAP is better policy for food assistance.

Assistance to small farmers is another matter entirely, and one that needs immediate attention.

I’ve been writing about the forced move of the USDA’s Economic Research Service (ERS) from Washington DC to Kansas City for quite some time now, most recently here.

I relied heavily on ERS analyses for my work.  The stated purpose of the move was to get the economists closer to farmers, but it was obvious from the start that the real reason was to destroy the agency’s ability to produce reports with results inconvenient for the Trump Administration.

Now others are weighing in, not least the USDA Inspector General.   Its recent report on USDA’s Research Integrity and Capacity, which notes losses in staffing and slower output. the IG says:

When asked about the reason for the decreased number of economic research reports publications, an ERS official noted that every division within ERS had sustained staffing losses since the agency’s relocation from Washington, D.C., to Kansas City, Missouri. The official acknowledged that the decrease in the publication of economic research reports between FY 2018 and FY 2020 was the result of the staffing reduction, but did not know what the future impact of the staffing reduction would be. Additionally, we were unable to determine what the future impact of the staffing losses would be.

On staffing levels and experience:

• From 2018 through 2020, the number of economists with 10 or more years of Federal service fell from 98 to 53. There was an increase in economists with less than 1 year of Federal service from none to 21 over that same time.  [This means a tremendous loss of experienced economists; the new ones are just starting out]
• From 2018 through 2020, the number of GS-14 [senior]economists at ERS declined from 42 to 21. Similarly, during the same time period, the number of GS-13 economists at ERS declined from 45 to 19. Conversely, the number of GS-9 [junior-level] economists showed an increase from four to seven during this timeframe.

Employees with a:

• post-doctoral degree decreased by more than 33 percent,
• doctoral degree decreased by more than 38 percent,
• master’s or professional degree decreased by more than 20 percent, and
• bachelor’s degree decreased by more than 30 percent.

The American Economic Association also weighed in on this: Necessary Improvement in the U.S. Statistical Infrastructure: A Report to Inform the Biden-Harris Transition

9. The Department of Agriculture must restore the viability of the Economic Research Service (ERS)
ERS is one of the 13 official statistical agencies of the United States. Located since its origination in 1961 in Washington, D.C near federal agricultural policy makers, a majority of its staff positions
were relocated to Kansas City in 2018. Following the relocation, roughly 75-percent of the professional staff resigned or retired. More than two years after the relocation was announced, ERS
has severe staff shortages, particularly in its ranks of senior analysts and management, and is facing substantial staff recruitment challenges. As a consequence, the agency’s statistical programs have
been abridged and federal and state governments are suffering from inadequate agricultural statistics generally, but especially statistics to inform rural development, food assistance and
security, and agriculturally related natural resource conservation policies. While we do not have a specific recommendation for how the Department of Agriculture ameliorates these problems, we
believe it needs to act swiftly and decisively to assess and resolve the challenges it faces as a result of ERS’ decimation.

At issue, of course, is what to do about this now.  Move it back to DC and recruit back all those experts?  It’s worth a try!

The USDA publishes estimates of how much foodborne illness costs Americans.  It does this for 15 pathogens, one at a time:

The Cost Estimates of Foodborne Illnesses data product provides detailed data about the costs of major foodborne illnesses in the United States, updating and extending previous ERS research. This data set includes the following:

• Detailed identification of specific disease outcomes for foodborne infections caused by 15 major pathogens in the United States
• Associated outpatient and inpatient expenditures on medical care
• Associated lost wages
• Estimates of individuals’ willingness to pay to reduce mortality resulting from these foodborne illnesses acquired in the United States.

If you click on the links below, you get an Excel spreadsheet.

I clicked on Salmonella (non-typhoidal); the estimate for its costs in 2018 is basically $4 billion ($4, 142,179.161).

It would be really nice if USDA’s Economic Research Service would add these all up for us, but it’s short staffed (remember the forced move of the agency to Kansas City that I complained about so much last year.

But foodborne illness costs a lot, in health care costs, lost work and productivity, and all the other bad things that happen when people get sick.

It’s best to do everything possible to prevent foodborne illness before it occurs.

I am all for making sure that farmers make a decent living but most agricultural subsidies go to Big Ag—the producers of corn and soybeans fed mainly to animals or, in the case of corn, as ethanol for car fuel.

These taxpayer-funded payments are enormous and represent increasing percentages of the income of Big Ag.

For example, see this chart from the Wall Street Journal.

As part of the Trump administration’s effort to get votes from farmers and ranchers, it pledged $37.2 billion to them in the spring and summer with an addition $14 billion in September.

Why is this about the election?  The Washington Post says “Trump’s farmer bailout gave $21 billion to red counties and $2.1 billion to blue ones.”

At a campaign rally in Wisconsin last week, President Trump didn’t mince words about how much his administration had done to bolster the economic fortunes of farmers…I gave $28 billion to the farmers, many of them right here, $28 billion, $12 billion and $16 billion, two years”… That redistribution was facilitated through the Agriculture Department’s Market Facilitation Program. According to data obtained by the Environmental Working Group through a Freedom of Information Act request, that program disbursed more than $23 billion in the 2018 and 2019 program years.

From a report from Agricultural Economic Insights:  USDA’s direct payments to Big Ag will equal 36% of net farm income, up from 22% in 2018=2019.  These payments used to account for around 10% of net farm income.

Check out its map:

Finally, it’s good to review the big picture of what happened to food and farming under Trump.  Civil Eats has an excellent review by Lisa Held.

To offset the effects of the tariffs, in 2018, USDA began distributing cash payments through the Commodity Credit Corporation at unprecedented levels, with no appropriations or oversight from Congress. In 2020, as the pandemic hit the farm economy, it added another source of government payments via the Coronavirus Food Assistance Program (CFAP). Overall, Trump’s USDA has handed out more government dollars to farmers than any administration prior. In both 2019 and 2020, more than 40 percent of farm incomes came from federal assistance—the only thing keeping farm incomes afloat.

Those payments have been controversial because they have almost exclusively benefited the largest farms and agriculture companies. Two-thirds of the trade aid payments went to agriculture producers in the top 10 percent, including corporations, such as the $67 million paid to JBS USA, a subsidiary of the Brazilian-owned meatpacking giant. Small farms, especially diversified operations and those run by socially disadvantaged Black, Indigenous, and People of Color (BIPOC) farmers, have largely been unable to access CFAP assistance.

All of this leaves plenty of room for improvement.

President-elect Biden: get to work!

The USDA destroyed the ability of its Economic Research Service (ERS) to do investigations that might prove inconvenient for this administration (see my most recent post on this topic), but this agency is still producing reports on specific commodities.

Here are the latest dairy reports.  You have to be pretty nerdy to delve into these Excel spreadsheets but if you do, you will get a good idea of what ERS staff are doing these days as well as learn details about dairy production.  TMI?  Maybe.

Some parts of government are still functioning the way they are supposed to.

The U.S. Office of the Special Counsel (OSC) says USDA Secretary Sonny Perdue has violated the Hatch Act and has to repay the US Treasury.

In letters to Citizens for Responsibility and Ethics and to Representative Marcia Fudge,  the OSC says

Secretary Sonny Perdue violated the Hatch Act on August 24, 2020, when he spoke in his official capacity at an event in Mills River, North Carolina (the “August 24 event”)…The event generally related to USDA’s Farmers to Families Food Box Program…Because he was on taxpayer-funded travel when he engaged in the political activity at issue, the U.S. Treasury must be reimbursed for the costs associated with his political activity.  Provided that immediate corrective action is taken and the U.S. Treasury is reimbursed for such costs, OSC will decline to pursue disciplinary action and instead consider this file closed with the issuance of the cure letter.

As the letter explains,

The Hatch Act restricts certain political activities of federal executive branch employees, except for the President and the Vice President.  As the Secretary of Agriculture,
Secretary Perdue is covered by the Hatch Act and prohibited from, among other things, using his official authority or influence for the purpose of interfering with or affecting the result of an election.  Under this provision, Secretary Perdue may not use his official title while engaging in political activity or his official position to advance or oppose candidates for partisan political office.

In his speech at the event, Perdue congratulated President Trump for authorizing an additional billion dollars to the Farmers to Families Food Box Program

you just authorized another billion dollars for the hungry people of this country and to keep our farmers there. And we’ve never seen an outpouring of compassion like that for people who matter, because people matter to you. And that’s what’s important to me. And that’s what’s going to continue to happen—four more years—if America gets out and votes for this man, Donald J. Trump.

This is a particularly clear violation of the Hatch Act.  The OSC is right to call Perdue on it and insist that he repay taxpayers.

This is also yet another example of how the Farmers to Families food box program, about which I have written repeatedly, is more about politics than feeding the hungry.

The OSC investigation resulted from a complaint from Representative Fudge and several colleagues in Congress.   It’s also good to see them doing their job.

Readers have written me to point out that my posts rarely cover good news, and that they badly need to hear some.

Point taken: I devote this week’s blog to good news items.

Let’s start with Friday’s announcement that the USDA will extend universal school meals through June 30, 2021 (you can read the entire announcement here).

Is this an election-year ploy?  Maybe, but it’s the first thing Trump’s USDA has done that I think is worth doing.

It must have happened as a result of strong advocacy pressure.  I say this because, as The Counter’s Jessica Fu reported in August, the USDA was determined not to extend free meals to school children, arguing that it did not have the authority to do so.

“While we want to provide as much flexibility as local school districts need during this pandemic, the scope of this request is beyond what USDA currently has the authority to implement and would be closer to a universal school meals program which Congress has not authorized or funded,” Secretary of Agriculture Sonny Perdue wrote in a letter last Thursday explaining the decision.

But a week later, the USDA did extend the universal meals program through the end of December this year.

Now it has extended that extension through the end of this school year.

Yes!

This means, as the announcement says, USDA will:

• Allow…meals to be served in all areas and at no cost;
• Permit meals to be served outside of the typically required group settings and meal times;
• Waive meal pattern requirements, as necessary; and
• Allow parents and guardians to pick-up meals for their children.

Universal school meals:

• Ensure food justice for children
• Make sure all children are fed
• Avoid stigma
• Avoid expensive and cumbersome exclusionary paperwork

So this is good news, but there’s more work yet to do.

• Make sure those meals are healthy and do adhere to nutrition standards.
• Make universal school meals permanent.

My go-to reference on this topic: