US Urges China to Lift Poultry Import Ban

Written by Tyler R. Etter

U.S. Agriculture Secretary Tom Vilsack attended a United States and China Joint Commission on Commerce and Trade to raise the issue of China’s ongoing ban on imports of US poultry. The ban was enacted in response to the outbreak of highly pathogenic avian influenza. The meeting ran from November 21 to 23.

Since no new cases of HPAI have been detected since June 17, Vilsack hoped for China to lower the restrictions on the importation of poultry. Rather than a nationwide ban, Vilsack hoped for restrictions to only be maintained from states or regions where actual infection had occurred. Vilsack commented on the proposal, saying that “International rules suggest a regional approach would be appropriate.”

Before the Joint Commission took place, Vilsack stated that he did not expect the ban to be lifted during the course of the Commission. At the time of this writing, the Commission meeting has concluded, but no information has been released regarding the status of China’s import ban.

U.S. Senators Seek HPAI Protections

Written by M. Sean High

On November 5, 2015, ten U.S. senators issued a letter to U.S. Department of Agriculture (USDA) Secretary Tom Vilsack regarding USDA’s development of its Fall 2015 Highly Pathogenic Avian Influenza (HPAI) Preparedness and Response Plan.  The ten senators signing onto the letter were: Thad Cochran (R-MS), Jeff Sessions (R-AL), David Vitter (R-LA), John Boozman (R-AR), Tom Cotton (R-AR), Richard Shelby (R-AL), Johnny Isakson (R-GA), Roger Wicker (R-MS), Bill Cassidy (R-LA), and David Purdue (R-GA).

According to the senators’ letter, three matters are of particular importance and should be addressed in the regulatory development process being conducted by USDA through its Animal and Plant Health Inspection Service (APHIS).

First, the senators stated that current APHIS regulations “do not allow for the splitting of indemnity payments between owners and growers.” As a result, the senators argue that many contract growers are left “vulnerable in the event of [an HPAI] outbreak.” In an effort to provide protection for these contract growers, the senators “request[ed] that [APHIS] allocate any future indemnity equitably so that producers can maintain access to financing in the short-term and the future.”

Second, the senators stated that current APIHS regulations only permit indemnity for losses associated with bird mortality and not for losses associated with disruptions in the supply chain.  Specifically, the senators stated that “[e]ven if the birds in a particular facility do not contract HPAI, that producer could be affected by a hatchery outbreak.” Accordingly, the senators requested that APHIS consider providing producers with “downtime compensation.”  

Third, the senators stated that “it is important for growers to have expanded financial flexibility” to avoid the possibility of HPAI induced foreclosures.  To accomplish this goal, the senators requested that USDA “direct the Farm Service Agency to begin developing guidelines for its direct and guaranteed loan programs that would enable existing loans to be restructured to provide flexibility for borrowers severely affected by HPAI.”   

USDA to Invest $30 Million to Protect Wetlands

Written by Tyler R. Etter

On October 15, 2015, Ag Secretary Tom Vilsack announced that the United States Department of Agriculture (USDA) will invest $30 million across six states to aid in the protection and restoration of wetlands. The funding stems from the Westland Reserve Enhancement Partnership (WREP) that is authorized by the 2014 Farm Bill.

WREP, which is administered by the Natural Resources Conservation Service (NRCS), allows local governments, NGOs, and American Indian tribes to collaborate with NRCS through cooperative and partnership agreements. These partnerships work with tribal and private landowners to enroll eligible land into easements to protect, restore, and enhance wetlands on the property.

The states chosen for the funding for 2015-2016 are Iowa, Kentucky, Mississippi, Missouri, Nebraska, and Tennessee. Information on the individual projects to be funded can be found on the USDA news release linked above. The investment adds to the over $330 million the USDA announced for the 2015 fiscal year dedicated to the protection and restoration of agricultural working lands, grasslands, and wetlands.

Crop Insurance Update: Fruit and Nut Producers Granted Greater Crop Insurance Options

In a news release dated July 23, 2015, the United States Department of Agriculture (USDA) announced that the federal crop insurance program will be expanding to provide fruit and nut producers with greater coverage options.  According to USDA, under the new program, producers in select counties will now have the ability to purchase a Supplemental Coverage Option (SCO) and the Actual Production History (APH) Yield Exclusion as part of their overall crop insurance coverage.

USDA stated that “SCO is an area-based policy endorsement that can be purchased to supplement an underlying crop insurance policy.  It covers a portion of losses not covered by the same crop’s underlying policy.” As a result of the new program expansion, “almonds, apples, blueberries, grapes, peaches, potatoes, prunes safflower, tomatoes, and walnuts” are eligible for SCO in select counties in 2016. 

USDA further asserted that “[t]he APH Yield Exclusion allows farmers, with qualifying crops in eligible counties, to exclude low yields in exceptionally bad years (such as a year in which a natural disaster or other extreme weather occurs) from their production history when calculating yields used to establish their crop insurance coverage.”  As a result of the announced change to the crop insurance program, “apples, blueberries, grapes, peaches, potatoes, prunes safflower, tomatoes, and walnuts.” will now be eligible for APH in select counties in 2016.

According to Agriculture Secretary Tom Vilsack, “[p]roviding these [crop insurance] options for our producers of fresh fruit and nuts gives them the stronger safety net they need to continue farming, even after particularly bad years.”

For additional information regarding crop insurance, please click here.

Written by M. Sean High - Staff Attorney

July 27, 2015

Vilsack Testifies Regarding Bird Flu Vaccine

On July 22, 2015, U.S. Agriculture Secretary Tom Vilsack testified before the U.S. House Committee on Agriculture and addressed the United States Department of Agriculture’s (USDA) latest efforts regarding Highly Pathogenic Avian Influenza (HPAI). 

At the hearing, Vilsack stated that USDA was working to produce a vaccine to combat the spread of HPAI.  According to the Secretary, a seed strain vaccination has been developed, and the vaccine has proven to be 100% effective when tested on chickens.  Though Vilsack did not provide a timeline for the availability, he did state that the vaccine was currently being tested on turkeys and if proven effective, would hopefully be ready for production in the near future. 

Relatedly, the Secretary stated that USDA was working on efforts to ensure that U.S. trading partners would not penalize future exports if a vaccine is employed.  Vilsack suggested that any foreign ban on U.S. poultry products could be limited regionally (where the vaccine is used) and not nationally.

To view Secretary Vilsack’s testimony, please click here.

 

Written by M. Sean High - Staff Attorney

July 22, 2015

Senate Passes "Fast-track" Legislation

On June 24, 2015, the U.S. Senate passed the Trade Priorities and Accountability Act (S. 995) by a vote of 60-38.  The Act, which was lobbied for by the Obama administration, now awaits the President’s signature.

Known as “fast-track,” the Act, intended to make it easier for goods to reach international markets, provides the President greater authority in negotiating trade deals. According to the Act, Congress will not have the ability to amend proposed trade agreements, but will only be permitted to vote yes or no.  Additionally, the Senate will not be permitted to filibuster proposed trade agreements.

Following the Senate passage of the Act, Agricultural Secretary Tom Vilsack issued a press release stating “[t]oday the Senate helped move America closer to securing responsible agreements that open markets for America’s farmers, ranchers and agribusiness and create jobs and improve wages across the country.”

On June 18, 2015, similar “fast-track” legislation (H.R. 1890) passed the House of Representatives by a vote of 218-208.   

To read the Congressional Research Service’s report regarding the proposed “fast-track” legislation, please click here.    

Written by M. Sean High - Staff Attorney

June 25, 2015

G20 Agricultural Ministers Decry Food Waste

At the conclusion of the May 7-8 Group of 20 (G20) Agricultural Ministers meetings in Istanbul, Turkey, the attending Agricultural Ministers issued a statement regarding the “enormous economic, environmental and societal significance” of food waste. 

According to the group’s Final Communiqué, global waste can result in “negative consequences for food security, nutrition, use of natural resources and the environment.” The Agricultural Ministers acknowledged that while food waste issues will necessarily vary among diverse nations, all nations should strive to use “otherwise wasted food to feed people.”

To provide nations with guidance regarding the reduction of food waste, the Agricultural Ministers proposed that the G20 Agricultural Deputies and G20 Development Working Group create a G20 Action Plan on Food Security/Sustainable Food Systems in time to be considered at the November 2015 G20 Leaders’ Summit in Antalya, Turkey. 


United States Secretary of Agriculture Tom Vilsack issued a statement commending the efforts of the Agricultural Ministers in addressing the issue of food waste.  Significantly, Secretary Vilsack noted that the Agricultural Ministers “focused on suggesting how countries might approach the issue rather than regulating or compelling people to stop food waste.” 

Written by M. Sean High - Staff attorney

June 1, 2015

USDA Allegedly Creates GMO Labeling Program

On May 14, 2015 the Associated Press (AP) reported that the U.S. Department of Agriculture (USDA) has developed a voluntary certification and labeling program for companies desiring to market their food products as free of genetically modified organisms (GMOs).  According to AP writer Mary Clare Jalonick, the proposed program will establish testing and verification methods to determine whether a company’s food products contain GMOs.  Jalonick asserted that under the program, if USDA determines that a specific food product does not contain GMOs, that food product will be permitted to be labeled as both GMO free and “USDA Process Verified.” Furthermore, Jalonick stated that the labeling program will be voluntary and funded solely by the participating companies.

According to Jalonick, information regarding the proposed GMO labeling program was detailed in an internal USDA letter, issued by Secretary of Agriculture Tom Vilsack on May 1, 2015, and sent to USDA employees.  Jalonick claimed that AP had obtained a copy of the letter in questioned.  Nevertheless, at the time of this post, USDA has not made an official statement regarding the alleged GMO labeling program.

 

To read the entire AP article regarding the alleged USDA GMO labeling program, please click here.

Written by M. Sean High - Staff Attorney
May 15, 2015