By Former U.S. Secretary of Agriculture, John R. Block. I am so tired of these “peaceful” rallies that end up destroying property, looting, and burning flags and signs. We had a dozen of our large cities face this last summer and fall, but by far the worst is the assault on our own Capitol last week. …
By Former U.S. Secretary of Agriculture, John R. Block. We have our federal government funding bill passed and signed by President Trump and a generous relief package also. Now is the time to give up on the election challenges. However, I would stress that we need to make sure that future elections are fair and honest. …
By Former U.S. Secretary of Agriculture, John R. Block. After the election we all read about President Trump challenging the results. However, we also are reading about President-Elect Biden’s possible nominees for his cabinet. We know they are all important, but for agriculture and rural America, the choice for Secretary of Agriculture has been at the …
By Former U.S. Secretary of Agriculture, John R. Block. The transition to a new President and new team to lead our country is in process. However, Joe Biden will not step into the White House until January 20th. In the meantime, there is still work to be done. The federal government will shut down on December …
Home » Agriculture & Agribusiness » Election and More By Former U.S. Secretary of Agriculture, John R. Block. We just celebrated another Thanksgiving. At least, I hope we celebrated it. I know these are chaotic times. The worst problem is that the corona virus has us isolated and shut down. Also, it may not be on your mind right now …
By Former U.S. Secretary of Agriculture, John R. Block. With the Biden Presidency approaching, climate change has been elevated to talk and perhaps even action which will affect agriculture and rural America. Powerful voices in our ag industry are forming the Food and Agriculture Climate Alliance. The groups involved include the American Farm Bureau Federation, Environmental …
The United States Department of Agriculture (USDA) has been frequently referred to as “The Last Plantation,” based on what has been described as a “deeply ingrained culture of racism that manifested itself in both the way its programs were administered—and whom it hired, and didn’t, to administer those programs.” Despite sincere efforts during recent years …
Oh, SNAP! FNS Issues Final Rule That Discriminates Against Minority Retailers Read More »
By Former U.S. Secretary of Agriculture, John R. Block. As I write this week’s commentary, we still don’t have all the details of the election results. Here is what we do know. Republicans will maintain control of the Senate. That is a big deal. Even if Biden does push President Trump out, it will be by …
The Supplemental Nutrition Assistance Program (SNAP) provides valuable assistance to millions of Americans who need help because they have lost their jobs, do not earn sufficient money to meet their needs, or have been emergency victims of the COVID-19 pandemic. A study by USDA’s Economic Research Service found that a hypothetical $1 billion increase in …
By Former U.S. Secretary of Agriculture, John R. Block. The Presidential election battle rages on. Biden leads in the polls. But don’t forget that four years ago Hillary Clinton was leading, and the Trump victory shocked the world. Think about this – in one respect, whoever wins, rural America and Agriculture will come out on …
On Wednesday, June 16, 2020, the Dietary Guidelines Advisory Committee (DGAC) hosted a public meeting to review their draft scientific report. A new edition of the Dietary Guidelines for Americans is published every 5-years and developed in three stages: (I) Reviewing the science; (II) developing the guidelines; (III) implementation. The most recent meeting marks the …
2020 Dietary Guidelines Near the End of Stage One Read More »
FDA has published a letter of enforcement discretion, which it sent to legal counsel for Ocean Spray Cranberries, Inc., that authorizes a qualified health claim (QHC) for specific cranberry products when consumed in specific amounts by specific people. The substantiation for the diet-disease relationship warranted a “limited and inconsistent” or “limited” scientific evidence qualifier. Based on …
The coronavirus has dominated the news cycle over the last five months and has disrupted nearly every industry, particularly agriculture and forestry. Leaders, innovators, and policymakers in these fields are looking for solutions that will mitigate future supply chain disruptions like the ones experienced due to the coronavirus. Therefore, it is not surprising that climate …
Policy Solutions to Climate Change through Agriculture and Forestry Read More »
The Beginning The National School Lunch Program operates in 100,000 schools and is available to approximately 50 million children. We have all grown up with lunch in school, and perhaps breakfast too. But it was not always this way. School meal programs have been developing in the United States since the 19th century. As states began …
“So today, with COVID-19, I want to stress that we are not only facing a global health pandemic but also a global humanitarian catastrophe. Millions of civilians living in conflict-scarred nations, including many women and children, face being pushed to the brink of starvation, with the specter of famine a very real and dangerous possibility.” David …
COVID-19 and the Need for International Food Aid – A Growing Body of Evidence Read More »
On April 22, OFW Principal John Dillard presented a webinar addressing the federal regulatory changes that have been implemented to respond to the COVID-19 pandemic. The webinar also discussed guidance from USDA, FDA, the Department of Homeland Security, and the Center for Disease Control as well as some of the best practices that have been …
Yesterday, the Environmental Protection Agency (EPA) issued two policy statements as a part of the Administration’s COVID-19 response. First, the EPA furthered its commitment to expediting the registration process for new surface disinfectant products. The EPA also announced an enforcement discretion policy under which the Agency will not seek penalties for certain civil violations related …
New Policies Released by the EPA Today in Response to the COVID-19 Health Crisis Read More »
By Julia Johnson Food and agriculture continues to be a priority for Congress and the Administration as the government tackles the coronavirus pandemic in the United States. After tense negotiations, the Senate passed a third stimulus bill late last night. Here is what is in it for food and agriculture. Before the second coronavirus stimulus …
Food and Agriculture in the Phase 3 Coronavirus Bill Read More »
By Julia Johnson The Coronavirus Pandemic has dramatically changed life as we know it in the United States. Government from the local to the federal level, the private sector, and non-profit organizations alike are practicing unprecedented levels of partnership and cooperation to respond to the coronavirus pandemic, or COVID-19. Recent bills passed by Congress and …
We at OFW Law want to say thank you to the entire agriculture supply chain on National Agriculture Day. As we face the Coronavirus pandemic that is changing the dynamic of how Americans procure and interact with their food, we know that individuals are working tirelessly across the supply chain to ensure a safe and …
USDA’s Food and Nutrition Service (FNS) has oversight over the Supplemental Nutrition Assistance Program (SNAP). The agency’s responsibilities include the licensing of more than 250,000 SNAP-authorized retail food stores. FNS also is authorized to bring administrative enforcement proceedings, including trafficking charges, against SNAP retailers to prevent fraud and other problem violations. FNS publishes annual data …
Oh, SNAP! FNS Still Hasn’t Released Its FY 2019 SNAP Retailer Management Summary Read More »
Big Sky Scientific is a Montana-based manufacturer of hemp-derived cannabidiol (CBD) products, including isolate powders, oils, and distillates. Big Sky sources its products from hemp producers, including in Oregon. During late 2018, it purchased more than two tons of hemp plant material containing less than 0.3% THC from an Oregon producer and arranged for its …
GSA’s System for Award Management is a comprehensive database of persons excluded from doing business with the federal government. Widely known as the SAM List, most of the people whose names can be found there were debarred or suspended from doing business with the federal government. Debarment and suspension are serious sanctions that prevent persons …
Oh SNAP! FNS Removes All Names from the SAM List Read More »
The Food and Nutrition Service (FNS) is an agency of the U.S. Department of Agriculture (USDA). Not surprisingly, that means that FNS is required to follow regulations and guidance issued by USDA. This fundamental concept appears to have been forgotten at FNS, at least in the context of the agency’s decision to list the names …
In a major victory for grocers, the United States Supreme Court (in a 6-3 decision) held that store level SNAP retailer data is exempt from disclosure under Exemption 4 of the Freedom of Information Act (“FOIA”). Exemption 4 precludes the disclosure of “commercial or financial information obtained from a person and privileged or confidential.” 5 …
Two years ago, a Kentucky farmer won an unusual $640,000 arbitration award against his Federal crop insurance AIP (approved insurance provider). During the arbitration, the farmer presented evidence to prove that the AIP had mishandled his policy, leaving the farm unprotected for two major crop losses. In one case, the AIP’s agent had placed the …
Crop Insurance Arbitration: Navigating the Landmines Read More »
It’s no secret that weeks of heavy rain and snow melt have wreaked havoc with farm operations across the Midwest this spring. Sixty tornadoes hit the lower plains last weekend alone, and rivers in some areas are cresting at levels not seen since the catastrophic floods of 1993. April and May are prime planting months …
FARMERS: Yes, heavy spring rains can affect your FCIC crop insurance coverage. Read More »
Reauthorization of the Healthy Hunger-Free Kids Act of 2010 has been stalled since 2015. Even though the Senate Agriculture Committee and the House Education and the Workforce Committee reported their respective bills, the Improving Child Nutrition Integrity and Access Act of 2016 (S. 3136) and the Improving Child Nutrition and Education Act of 2016 (H.R. …
Owners of supermarkets and convenience stores are generally not aware that one of the perils of participating in the SNAP program may be placement on the General Services Administration’s System for Award Management list of excluded and disqualified parties (“SAM List”). That’s true because few retailers have heard of the SAM List and because USDA’s …
During this Holiday Season, we all enjoy those extra calories and special desserts. It is part of giving thanks and enjoying family. There is no need to give that up, but let’s also keep an eye on the obesity equation. Food labeling regulations and guidelines, such as the USDA- HHS Dietary Guidelines for for Americans, are …
Opinion: The Obesity Equation Calories in; Calories Out Read More »
Owners of retail food stores permanently disqualified from participation in the Supplemental Nutrition Assistance Program (SNAP) are saddled with serious consequences in addition to the loss of the store’s ability to accept food stamp benefits (EBT). After USDA’s Food & Nutrition Service (FNS) permanently disqualifies a store, the agency promptly searches its SNAP retailer database …
USDA’s Food and Nutrition Service (FNS) may impose civil monetary penalties (CMP) on retailers that are determined to have violated Supplemental Nutrition Assistance Program (SNAP) regulations. These penalties are most frequently imposed against SNAP retailers who transfer ownership of their stores after being disqualified for trafficking. FNS may also grant a CMP in lieu of …
SNAP Trafficking and Other Civil Monetary Penalties Edge Higher Read More »
Debate over the 2018 Farm Bill, likely to start in earnest this week with House consideration of H.R. 2, may focus sharp attention on the question of whether taxpayer costs for Federal Crop Insurance are reasonable and supportable. At least five amendments filed for floor consideration are intended to limit these costs in different ways. …
Federal Crop Insurance AIPs: Some Misconceptions about Underwriting Gains Read More »
Small grocery stores and specialty retail food stores that sell hot foods are facing an unprecedented threat to their businesses. Not from competition or due to rising costs. Instead, thousands of small fish and seafood markets in impoverished urban neighborhoods across the country are threatened with the withdrawal of their Supplemental Nutrition Assistance Program (“SNAP”) …
Selling Too Much Food Hot? SNAP-Authorized You’re Not! Read More »
In a highly unusual decision, a Federal District Court judge in Maryland granted summary judgment in a food stamp licensing appeal brought by a Baltimore convenience store without permitting the retailer to conduct any discovery whatsoever. In Negash v. United States, U.S. District Court Judge Richard Bennett dismissed the retailer’s appeal of a Final Agency …
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