FNS Seeks Comments on Proposed Rule Establishing Stronger Requirements for Local School Wellness Policies; Rule Also Proposes to Limit Marketing of Foods in Schools
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Farm Bill Redefines Dairy and Trade Activities
By Nathan Fretz On February 7, the President signed the Agricultural Act of 2014 (the “Farm Bill”) into law. Over a series of blog posts, we will focus on various provisions within the Farm Bill, with a particular focus on some of the provisions that may not have received the level of media attention as
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The 2014 Farm Bill: The Challenge for Farm Producers
The 2014 Farm Bill creates a new environment for American agriculture far more friendly to producers who are experienced and comfortable using USDA’s Federal crop insurance program under the Federal Crop Insurance Corporation (FCIC). Not only did Congress repeal many of the older crop programs administered by USDA’s Farm Service Agency, including Direct Payments, Countercyclical
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After FL Convenience Store Loses Food Stamp Vendor Authorization, USDA’s Food and Nutrition Service Reverses Course in a SNAP
The wheels of justice frequently turn with glacial speed in federal court litigation, especially in cases brought against the United States government. A recent Middle District of Florida lawsuit brought by OFW Law on behalf of a central Florida convenience store in a SNAP vendor case is a notable exception. This federal action addressed the
Hidden Gems in the Farm Bill
By Nathan Fretz After three years of work, Congress passed the Agricultural Act of 2014 (the “farm bill”), which the President signed into law on Friday, February 7. Despite a tumultuous and partisan 2012 and summer of 2013, the farm bill conference report was approved by conferees and sailed through the House and Senate with
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Practical Tips From “Dr. Doom and Ms. Gloom”
Meet “Dr. Doom” and “Ms. Gloom” “Dr. Doom” Mixed in with the attorneys at OFW Law is the former USDA Food Safety Inspection Service’s (FSIS) Administrator, Dr. Barbara Masters. Dr. Masters is a veterinarian who spent eighteen years with FSIS – the final three years as Acting Administrator and Administrator. During her rise to the
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Interpreting FSIS Directives, Notices and Regulatory Documents (Who’s on First…)
When FSIS issues a regulation, they are required to do so by issuing a proposal in the Federal Register and seeking public input. The regulations are, in effect, the laws that govern the way an establishment can operate. The regulations for the meat and poultry industry are contained in Title 9 of the Code of
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Former Minority Counsel to House Ag Committee, Nathan Fretz, Joins OFW Law
We are pleased to announce that Nathaniel “Nathan” Fretz, Esq., formerly with the House Agriculture Committee staff, will be joining OFW in the practice of law. Fretz, who will join our Government Relations Practice, also served in the U.S. Department of Agriculture’s Food Safety and Inspection Service. Please click the announcement, below, to enlarge it.
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John Block: U.S. Corn and China’s Bad Faith Collide
By John R. Block, as published in the Des Moines Register As complex as the world trading system has become, it still fundamentally relies on something as simple as trust — that nations and people will be as good as their word. Most basically, it requires that those who enter into mutually agreed upon contracts will
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RMA “Self Certification”: Can Federal Crop Insurance AIPs Rely on It In Defending Against Farmer Claims?
Federal crop insurance provided by USDA’s Federal Crop Insurance Corporation (FCIC) and participating private companies (Approved Insurance Providers or AIPs) is often described as a program based on “self-certification.” Farmers annually report their own acreage, ownership, yield histories, and other key information, mostly on an honor system. FCIC and AIPs require support documents, and can
OFW Law Wins Arbitration Decision Against Major Crop Insurance Company – Federal Agency Not Always Entitled to Deference in Interpretation of Its Rules
OFW Law recently prevailed in Arbitration on behalf of a farm producer against a major insurance provider under USDA’s Federal crop insurance program. The case hinged on whether a foreign individual with an ownership interest several layers removed from the insured held a “substantial beneficial interest” (“SBI”) as defined in USDA Risk Management Agency (RMA)
Happy New Year? Farm Bill Blues
By Marshall L. Matz, as published by Agri-Pulse A few weeks ago Vice President Biden presented the George McGovern Award to Bob Dole for his effort in the fight against global hunger. The ceremony was sponsored by the World Food Program and held in the Senate Caucus Room. It was a wonderful and too rare evening
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OSHA Games the System to Target Small Farmers
There is frequent tension between the spirit of the law versus the letter of the law. Obeying the “spirit of the law” means following the intent of those who drafted it. Following the “letter of the law” means following the law as written – verbatim. Oftentimes, there is daylight between the two. Using vagaries to beat the system is one
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OFW Law’s MMXIII in Retrospect
As MMXIV starts, it’s time for a retrospective look at MMXIII. What follows is a list of noteworthy events from MMXIII in our food, drug, medical device, and agriculture corner of the universe, focusing on matters that were of particular interest to OFW Law’s attorneys and Senior Policy Advisors and our clients. We start, of
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John Block: Our Water Transportation
Happy New Year. I threw away my 2013 calendar and hung up the new one. There is a lot to get done in the new year. But, today I want to talk about one specific project. We need to modernize our water transportation system. Our locks and dams on the Upper Mississippi are old and
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FNS Permanently Eliminates Grain and Protein Maximums; Allows Sugar to Process Frozen Fruit in School Nutrition Programs
According to an advance copy of the rule made public earlier today, USDA’s Food and Nutrition Service will be making permanent the elimination of weekly maximums on grains and meat/meat alternates, and the allowance of processing frozen fruit with sugar, within the National School Lunch Program. The rule will be published in the Federal Register on Friday, January
10 Ag-Related Items to Watch in 2014
By John G. Dillard, as published on his AgWeb.com Blog – Ag in the Courtroom With 2013 nearly in the books and the holiday season nearly behind us, its time to prepare for the challenges that face us in the coming year. While I am no expert on forecasting long-range weather patterns, commodity market fluctuations, or predicting the
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U.S. Farm Income
A Congressional Research Service (CRS) report from earlier in the month revealed that national net farm income—a key indicator of U.S. farm well-being—is forecast at a record $131 billion in 2013, up 15% from last year, and about $13 billion above 2011’s previous record. In addition to record net farm income, farm wealth is also at record levels.
John Block: What’s In The Farm Bill?
The obvious issues in the farm bill are nutrition programs, crop insurance, and farm safety net supports. However, there are some important sections in the bill that could be almost as important that don’t get much attention. The first one deals with trade. Trade accounts for 25 percent of U.S. farm receipts. When we plant
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John Block: Free Trade With Europe
We should get a farm bill in January. It appears that we now have a budget. That helps because now the Ag Department will know how much money the Department has to spend. Let’s keep the pressure on to get it done. The subject that I want to focus on today has not had enough
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Wetland Compliance: USDA’s National Appeals Division Confirms a Rule of Reason and Science
Not all “wetlands” are equal. And while protecting these previous environmental legacies is a high priority for USDA’s Farm Service Agency (FSA), its power to penalize farmers for inadvertent wetland conversions must be tempered by reason and science. The National Appeals Division (NAD) recently underscored this message in a Hearing Officer Determination (FSA chose not
John Block: Cabinet Meetings
We all know that Republicans and Democrats are at each others’ throats and we can’t seem to get anything done. It also appears that President Obama has not demonstrated the kind of leadership to move things along. No one wants to take responsibility. Sometimes, “the left hand doesn’t know what the right hand is doing.”
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John Block: Bounty of Food
I hope you have a happy Thanksgiving this year. The celebration of Thanksgiving dates back to our ancestors who settled this country. They didn’t have any of the comforts that we take for granted today. They were just thankful to have a roof over their head and food to eat. Even today, there are people
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A Safe Thanksgiving
I am always amazed each Thanksgiving that my friends have questions on “cooking turkey.” I am even more amazed that they ask me questions, because I have a solid reputation for not being able to cook anything! That said, perhaps they ask because I do know how to make certain the turkey makes it safely
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A SNAP It’s Not
By Marshall L. Matz with Molly O’Connor, as published by Agri-Pulse The food stamp program, currently called SNAP (the Supplemental Nutrition Assistance Program) has exploded in size and may now be the biggest hurdle to a farm bill. As of August, some 48 million Americans participated in the program at a cost of almost $80 billion a year.
John Block: Farm Bill Conflict
We don’t have a budget yet. We don’t have a farm bill. House Ag Committee Chairman Frank Lucas (R-OK) hopes to have a draft bill by week’s end. Debbie Stabenow (D-MI), Senate Ag Committee Chair, acknowledges there are a lot of differences to be worked out, but she has hope. They are both hoping. The
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John Block: Down on the Farm
I was on the farm earlier in the week and I am now in Kansas City at the National Association of Farm Broadcasters convention. Harvesting our crop at the farm this fall has been so smooth. However, spring planting season was so difficult. It seemed to rain all the time. Most of our crop ground
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FSIS Rule Expanding Generic Label Approval Should Benefit Industry, but at What Cost?
Last week, the Food Safety and Inspection Service (FSIS) published a final rule to significantly expand the categories of meat and poultry labels that may be generically approved without formally submitting them to FSIS for approval, as well as a Labeling Compliance Guidance regarding the final rule. Currently, labels that are applied to meat and poultry
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Upcoming Webinar on Mandatory Country of Origin Labeling (CLE Credit Opportunity)
The National Agricultural Law Center is hosting a webinar on USDA’s Country of Origin Labeling rule for meat sold in retail establishments. The webinar, “COOL or Not-So-COOL: An Overview and Discussion of Country of Origin Labeling,” will take place on November 14, 2013, at 1 PM (EST). The webinar will feature a friendly point-counterpoint discussion
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Former Secretary Block Comments on Farm Bill
Will we get a farm bill or won’t we get a farm bill? No one knows at this point. There are still a number of unanswered questions. The biggest fight is over how much to cut the spending on food stamps. We have 50 million people receiving food stamps now and growing. House Republicans want
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Building the Relationship
In a time when there is an information vacuum, I would encourage all meat and poultry establishment operators to “build the relationship” with their FSIS inspection program personnel (IPP). While these individuals have a specific job to perform, verification and enforcement of the regulations, we all have the same goal – the shipment of safe
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