Public Policy

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$380 Million Keepseagle II Settlement Reached

As published in Agri-Pulse The landmark civil rights lawsuit by Indian farmers and ranchers against the Department of Agriculture for discriminatory lending practices has come to a conclusion (barring any unexpected turn of events on appeal). U. S. District Court Judge Emmett Sullivan approved an agreement reached by the Government, counsel for the plaintiffs’ class,

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Where are the “Farmers and Ranchers for Donald J. Trump”? Let alone for Ted Cruz?

Anyone who has spent time around political circles in Washington, D.C., knows that, by this point in a presidential campaign, leading candidates have usually gathered around them a network of advisors connecting them to key issues and constituent groups.  And agriculture is usually at the forefront. Since at least the 1990s when I worked as

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Expect More Food Labeling Changes Even After FDA Finalizes its New “Nutrition Facts” Regulations

FDA is scheduled to issue regulations finalizing its proposed Nutrition Facts label soon according to the US Regulatory Agenda. Many food companies and trade associations are eagerly awaiting the final rules to see how the agency will handle the most controversial provisions.  One part of the proposed rules would require the disclosure of added sugars,

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A Tale of Two Maps: Why Crop Insurance Is Different.

People often ask why Washington has to involve itself at all in providing crop insurance to American farmers. After all, homeowners across the country buy fire insurance, individuals buy life insurance, business owners buy casualty and liability insurance, all without taxpayers having to kick in subsidies.  So why are farmers any different?  Why the special

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Interstate Structure to Oversee and Regulate Medical Marijuana

There is a need for an interstate structure to provide coordination and regulatory oversight of medical marijuana (cannabis) use in the 23 states that have approved its use by either referendum or legislation.  Five jurisdictions — Colorado, Washington, Oregon, Alaska and the District of Columbia — have now also authorized the recreational use of cannabis.

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For Crop Insurance AIPs, a New Financial Environment

USDA’s Federal crop insurance program has benefited from a unique public-private partnership that is one of the most successful in government.  USDA’s Risk Management Agency (RMA) and Federal Crop Insurance Corporation (FCIC) set the insurance policies, subsidize them and regulate them, but they rely on private agents and insurance companies (called Approved Insurance Providers or

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Bernie on Agriculture

By Marshall Matz, as published in Agri-Pulse Earlier this month, I summarized the agriculture positions of the candidates for President on both sides of the aisle. You can read that column here. Since that time, Senator Bernie Sanders (I-VT) who is running for the Democratic nomination, (“Bernie” as he prefers) has released a position paper on agriculture entitled

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Senate Agriculture Committee Approves the Improving Child Nutrition Integrity and Access Act of 2016

They did it.  Senate Agriculture, Nutrition and Forestry Committee Chairman Pat Roberts (R-KS) and Ranking Member Debbie Stabenow (D-MI) have completed their personal work on the Improving Child Nutrition Integrity and Access Act of 2016, and got it approved today with a unanimous vote of their Committee members. They did it.  They crafted a bill

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2015 Dietary Guidelines for Americans Released… And Some Thought Already Being Given to the 2020 Guidelines!

The Secretaries of Agriculture and Health and Human Services have released the 2015-2020 Dietary Guidelines for Americans (DGA) following what had been a captivating review of the Scientific Report of the Dietary Guidelines Advisory Committee, a process that began in 2013.  In the end, the Guidelines continue many of the recommendations made by the 2010

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Beef and Pork are Now Un-COOL, and That’s a Good Thing

America’s meat industry and our trading partners engaged in a collective sigh of relief on Friday. Prior to embarking on his annual Christmas retreat to Hawaii, President Obama signed the 2016 Consolidated Appropriations Act into law. Tucked into the 2,009-page bill was a measure that repeals USDA’s special country-of-origin labeling (COOL) requirements for fresh and

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ITC to Study Economic Effects of TPP, Invites Stakeholders to Participate

Following a request from the U.S. Trade Representative, the International Trade Commission (ITC) has instituted an investigation, Trans-Pacific Partnership Agreement: Likely Impact on the U.S. Economy and on Specific Industry Sectors, under section 105(c) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4204(c)), to assess the likely impact of the

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John Block: TPP

By former USDA Secretary John R. Block Last week, six former U.S. Secretaries of Agriculture released a letter urging the Congress to pass the Trans Pacific Partnership trade agreement. Support for passage is bipartisan and enthusiastic. Standing together, you have: Secretary Ed Schafer, Secretary Mike Johanns, Secretary Ann Veneman, Secretary Dan Glickman, Secretary Mike Espy, Secretary

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FDA Seeks Input on the Meaning of “Natural” for Foods — First Impact of FDA Action Will Be on Class Action Cases

For over two decades, when assessing the propriety of a “natural”-type claim (e.g., “natural,” “all natural,” “100% natural,” “from nature,” “naturally grown,” or “naturally sourced”) made in food labeling, FDA has applied an informal definition set forth in the preamble to a final rule implementing the Nutrition Labeling and Education Act of 1990.  See generally

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John Block: 2015 Dietary Guidelines – Will They Be Credible?

By former USDA Secretary John R. Block USDA and HHS are close to issuing the 2015 version of the Dietary Guidelines for Americans. The Guidelines, issued every five years, must be based on “the preponderance of the scientific and medical knowledge current at the time the report is issued.” That is a pretty high standard and

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GMO Regulatory Reform: The Way Forward

As we detailed in an earlier blog post, the White House issued a July 2nd executive memorandum on “Modernizing the Regulatory System for Biotechnology Products.”  The memo directs the relevant federal agencies – FDA, USDA, and EPA – to update the federal government’s Coordinated Framework for the Regulation of Biotechnology, which was created in 1986 and last

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John Block: TPP

By former USDA Secretary John R. Block After six years of negotiations with 11 Pacific Rim nations, the Trans-Pacific Partnership (TPP) trade agreement has been approved. Regulations will be harmonized and tariffs reduced. Trade will expand between the countries. The nations involved represent 40 percent of the global economy. That is huge. However, it’s not done

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