NASDA News--June 20, 2008

NASDA REFUTES REQUEST TO WAIVE ETHANOL STANDARD
Published: June 20, 2008

       The leading state agriculture officials of the United States have countered a request by the governor of Texas that the Environmental Protection Agency (EPA) waive half of the federal renewable fuels standard, mandating the production of ethanol from grain.
       "The National Association of State Departments of Agriculture (NASDA) strongly supports the Renewable Fuels Standard . . . as part of the Energy Independence and Security Act of 2007," said Roger Johnson, North Dakota agriculture commissioner and NASDA president, in written comments to the EPA. "The standard is an important part of our domestic energy policy, and agriculture plays a significant role in meeting the standard."
       Texas Gov. Rick Perry asked the EPA in April to relax the ethanol mandate, claiming it was driving up world food prices and hurting Texas' economy. The mandate requires the U.S. use nine billion gallons of renewable fuels this year and 11 billion gallons in 2009.
       "The rise in food prices in this country and around the world is due to many factors including historically high energy prices, weather-related events and growing global demand," Johnson said. "It would be unwise to halt a domestic energy policy aimed at increasing the production and use of domestic renewable fuels. Such an action would be short-sighted and do little to ease the prices paid at the supermarket and would undoubtedly increase the prices that consumers are paying at the gas pump."
       Johnson said Perry should consult researchers, including those at Texas A&M University, who have concluded that the rise in corn prices has little to do with food costs in the United States.
       "The Texas A&M report, issued in April, found that petroleum is the primary cause of rising food prices," Johnson said. "It also said that scaling back the RFS would not lower food prices."
       Simultaneously, Iowa State University researchers released a study showing that ethanol production is helping lower gasoline prices around the country. The study showed growth in ethanol production has caused retail gasoline prices to be 29 to 40 cents less per gallon than would otherwise have been the case.
       "American farmers are not only dedicating more acres to corn, they are producing more with 2007 production levels of 13.1 billion bushels--an all-time record," Johnson said. "The Renewable Fuels Association estimates that during the same 2007 time period, ethanol production consumed approximately 2.3 billion bushels of corn, approximately 18 percent of 2007 U.S. corn production.  Total 2007 U.S. ethanol production utilized less corn than the 2006-2007 annual increase in U.S. corn production."
       Johnson urged the EPA to "stay the course" and deny Perry's request.  "America's farmers and ranchers have met and will continue to meet the demands of the markets for their products--food, fiber, feed and fuel," he said.  (Contact: Rick Kirchhoff or Amy Mann)

AGRICULTURAL INPUT COSTS COULD THREATEN FOOD SUPPLY
Published: June 20, 2008

>>MORE>>

NATIONAL PESTICIDE SAFETY TRAINER HANDBOOK DEVELOPED BY PROGRAM STAKEHOLDERS NOW ON THE NASDA WEBSITE
Published: June 20, 2008

       The NASDA Research Foundation has been working closely with the U.S. EPA's Office of Pesticide Programs (EPA) to develop a comprehensive handbook for those providing required federal Worker Protection Standard (WPS) training to agricultural workers on farms, forests, nurseries, and greenhouses as cited in 40 CFR Part 170.  "The National Worker Safety Trainer Handbook: Pesticide Safety for Agricultural Workers" details basic pesticide information and regulations, the WPS regulation, the WPS regulation's required training content, suggested preparations for training, recommended training techniques, examples of interactive training methods, and other information for conducting the training.  The handbook is suitable for use in train-the-trainer courses, and by trainers delivering pesticide safety training directly to agricultural workers.  The publication is being distributed to state departments of agriculture, tribes, cooperative extension service offices, worker safety training organizations, and advocacy groups in the spirit of sharing resources and information.
       The NASDA Research Foundation recognizes that a significant percentage of the agricultural workforce is Spanish-speaking and may have limited English language proficiency.  In an effort to meet the needs of Spanish-speaking trainers, those training workers in Spanish, and Spanish-speaking workers themselves, the NASDA Research Foundation plans to translate the pesticide safety trainer handbook into Spanish during the current year.  A Spanish-speaking workgroup charged with translating the handbook has been assembled and has begun work.  As a quality assurance and quality control measure, the Spanish handbook will undergo peer review before being finalized.  Estimated distribution for the Spanish language publication is December 2008. 
       The NASDA Research Foundation gratefully acknowledges the many contributions made by the regulatory and adult education experts involved in this project since its inception.  Special thanks go to Jennifer Weber of the Arizona Department of Agriculture, Luis Urias of the Idaho Department of Agriculture, Mario Saavedra of the Texas Department of Agriculture, and Karen Lewis of Washington State University Cooperative Extension Service for their work in refining the handbook during the past eighteen months.  The NASDA Research Foundation would also like to thank Dr. Patrick O'Connor-Marer formerly of the University of California at Davis, the Association of Farmworker Opportunity Programs, and all those involved with the 2000-2003 National Assessment of the Worker Protection Program Train-the-Trainer Pilot Project for their efforts in establishing a solid collaborative foundation, which made this publication possible.  The handbook is posted on the NASDA website and to view or download the English version of the pesticide safety trainer handbook please visit http://www.nasda.org/workersafety/.  (Contact: Dick Herrett)

BIOMASS CROP ASSISTANCE PROGRAM (BCAP) ESTABLISHED
Published: June 20, 2008

       A program to help producers who are willing to switch part or all of their acreage to dedicated energy crops has been included in the recently adopted 2008 farm bill. The Biomass Crop Assistance Program (BCAP) will provide payments to farmers while they establish and grow biomass crops in areas around biomass facilities.  To qualify for payments, potential biomass crop producers must participate in and be approved as part of a "BCAP project area" that is physically located within an economically viable distance from a biomass conversion facility. Contracts for annual and perennial crops will run for five years and 10 years for woody biomass. Producers also need to have a contract with a biomass user facility, which has agreed to convert these crops to energy; and the facility needs to demonstrate sufficient equity to comply with the contract. The program provides three types of payments to producers:  direct, annual and cost-share (sometimes called delivery) payments.
       Direct payments cover up to 75% of the costs of establishing an eligible perennial crop covered by the contract including the cost of seeds and stock for perennials; the cost of planting the perennial crop, as determined by the Secretary; and in the case of nonindustrial private forestland, the costs of site preparation and tree planting. 
       Annual payments are provided to producers to cover "lost opportunity costs" while crops are being established.  The amount of annual payments to producers will be determined by the Secretary.  Annual payments will be reduced when the biomass crops are sold to the conversion facility or if the producer receives assistance with collection, harvest, storage and transportation of eligible crops.  Annual payments are also reduced if an eligible crop is used for purposes other than the production of energy at the biomass conversion facility or if the producer violates the term of the contract.
       Cost-share payments (also called delivery payments) are provided for the harvest, storage, and transport of biomass crops to user facilities at a rate to match the biomass sale price, up to $45 per dry ton for two years. Delivery payments are made to producers of eligible crops or to persons with the right to collect or harvest eligible materials.  To receive delivery payments, producers must be within an economically practicable distance from a conversion facility based on the expected cost of transporting a feedstock to the facility.  This distance, of course, may vary depending on several factors, including the density of the feedstock and the producer's plan for pre-processing the biomass (such as chopping, palletizing or other techniques that will make the biomass more easily transportable).
       Commodity title crops (i.e., corn, soybeans, wheat, cotton, rice, and oilseeds) are not eligible to receive payments under BCAP. Producers are also prohibited from planting noxious or invasive plants as part of the program. Eligible land includes agricultural and also nonindustrial private forest land.
       No agency was designated in the farm bill as having responsibility for the program so that decision will be left up to the Secretary.  However, it is expected that the Farm Services Agency will administer the program.  (Contact:  Amy Mann)

SENATOR SAYS BEEF DECISION IS IN SOUTH KOREA'S COURT
Published: June 20, 2008

       Sen. Max Baucus (D-Mont.) on June 11 spoke strongly against the South Korean government's recent posturing to renegotiate the beef deal it made with the U.S. in April. As the Senate Finance Committee Chairman, Baucus was a leading proponent of the deal that allows previously banned beef from cattle over 30 months of age into South Korea.  The agreement helped Congress pass the broader free trade deal that was signed a year ago.
       "The ball is in Korea's court," Baucus said, "We signed a deal.  Both sides have to live up to the deal." The recently elected South Korean President Lee Myung-bak is coming under intense criticism from the Korean public over the deal signed two months ago. The agreement marked the first time the U.S. has had unrestricted access to the South Korean beef market since 2003 when mad cow disease was found for the first time in the U.S.  Though it has been more than four years since the last case was discovered, many South Koreans still believe that U.S. beef is unsafe.  Thousands marched in Seoul last week demanding Lee's resignation.
       South Korea's trade minister planed to join other representatives in Washington to appeal for "substantial, efficient" measures to keep beef  from cattle more than 30 months old out of the country.  While some lawmakers are demonstrating willingness to consider changes, Sen. Baucus was not inclined to rethink the agreement.  "Our beef is totally safe," he said in a recent press conference.  "Korea has to decide what Korea wants to do.  The ball is in their court." (Contact: Charlie Ingram or Justin Chambers)

FOREST SERVICE DEFENDS PREPAREDNESS FOR 2008 FIRE SEASON
Published: June 20, 2008

       The U.S. Forest Service was questioned by the Senate Committee on Energy and Natural Resources in a hearing held Wednesday to assess the agency's readiness for the 2008 fire season.  Senator Jeff Bingaman (D-N.M.), the chairman of the committee, expressed his alarm at the apparent lack of needed resources and the inability to keep pace with the increasing number of fire incidents in the last several years.  "During the last eight years, we have experienced an average of more than four times as many days where the agencies were at-risk of running out of fire-suppression resources than we did during the previous ten-year period," Bingaman remarked in his opening statement, "These numbers indicate that our preparedness has not kept pace with the dramatic increases in fire activity."
       USDA Under Secretary for Natural Resources and Environment Mark Rey defended the performance of Forest Service and claimed that the agency is fully prepared for the fire season.  In response to Bingaman's comments, Rey said that it is not abnormal for 30 to 40% of requests for fire suppression resources to be unfulfilled on days when fire activity is at its peak.  He further stated that to have the resources to fill every request through the fire season it would require "double the size of the suppression force, perhaps at twice the cost."  He also tried to demonstrate the success of the current force by comparing last years housing losses due to forest fires to the last year California had a long term fire event.  More than 2,900 homes were lost in last year's blazes compared to 4,500 homes in 2003.
       Testimony from Casey Judd, business manager for the Federal Wildland Fire Service Association, claimed that Rey's statements hid issues like recent shortages in personnel.  He stated that changes in classification and educational requirements for high-level firefighters were driving those with experience to other departments or to the private sector. 
       According to Judd, the lack of experienced firefighters allows the promotion of less experienced line leaders, captains and fire commanders which affects the agency's ability to fight the growing number of fire incidents.  Ron Thatcher, president of the National Federation of Federal Employees' Forest Service Council agreed with Judd's testimony and added that morale was another reason firefighters were leaving the agency.  "They're saying  Why not go take better pay and benefits from someone who might care about me?' "  Thatcher approximated the agency to be 20 to 30% under a suitable force level.
       Rey addressed the recruitment problem stating that Forest Service will consider changing job titles and adjusting pay rates to remain competitive.  He also countered Thatcher's statements and claimed current fire fighting forces are comparable to last years level and that new recruits will be ready in time for the current season.  (Contact: Amy Mann or Justin Chambers)

INTERAGENCY TASK FORCE TO STUDY COMMODITY MARKETS
Published: June 20, 2008

       The Commodity Futures Trading Commission (CFTC) announced June 10 the formation of an interagency task force to evaluate developments in commodity markets, in light of the recent rise in crude oil and other commodity prices and the influx of new investors into commodity futures markets.
       The task force includes representatives from the CFTC, USDA, the Federal Reserve, the Department of the Treasury, the Securities and Exchange Commission (SEC), and the Department of Energy (DOE). They will examine investor practices, fundamental supply, and demand factors, and study the role of speculators and index traders in the commodity markets.
       High commodity prices are posing a significant strain on U.S. households and the CFTC study will help public and regulatory understanding of the forces that are affecting the functioning of these markets. CFTC officials hope to complete its work as expeditiously as possible, and will make public the results. (Contact: Charlie Ingram)

UNITED STATES AND CHINA OUTLINE PROGRESS ON AGREEMENT ON FOOD AND FEED SAFETY
Published: June 20, 2008

       U.S. Secretary of Health and Human Services (HHS) Mike Leavitt signed a Joint Progress Statement this week with the Honorable Li Changjiang, minister of the General Administration of Quality Supervision, Inspection, and Quarantine (AQSIQ) of the People's Republic of China. The document outlines steps taken by both nations in implementing the 2007 Memorandum of Agreement (MOA) on food and feed safety.
       The parties are meeting this week in Annapolis, Md., as part of the fourth session under the United States-China Strategic Economic Dialogue (SED).
       "Today's progress report reflects strong and sustained cooperation by both nations to strengthen the safety of food products exported to the United States from China," Secretary Leavitt said.  "I'm very pleased with our efforts and commend our Chinese counterparts for their commitment to this important work."
       The MOA, signed during the third session under the SED in December of 2007, established a bilateral mechanism to provide greater information and other assurances to enhance the safety of food and feed products traded between the two countries.  Since its signing, HHS' Food and Drug Administration (FDA) and AQSIQ have planned a joint implementation work strategy and have begun the initial steps called for under the agreement.
       The statement describes progress in several important areas:
       *  Establishment of a mechanism for cooperation on significant events related to food and feed safety, including designated points of contact, emergency contacts, and thresholds for notifications; enhancing the exchange of information on the safety of food and feed safety; and developing a better understanding by both sides of each other's respective regulatory systems.
       *  Development of concrete steps that will lead to a system whereby AQSIQ will electronically certify to FDA that specific products sent for export to the United States meet FDA standards for safety and manufacturing quality. 
       *  Focus efforts on inspections and supervision and laboratory testing standards to ensure food and feed safety. The United States agreed to conduct training for Chinese officials on U.S. regulatory standards and requirements.
       *  Establishment of a cooperative mechanism to notify each other of significant risks to public health related to product safety or the gross deception of consumers, and to share information to facilitate each other's investigation.
        *  HHS/FDA and Chinese officials continue to work on implementing a second Memorandum of Agreement signed in December to enhance the safety of a variety of medical products.
       *  For more information on the December 2007 MOA on the Safety of Food and Feed, go to http://globalhealth.gov/news/agreements/ia121107b.html.
       *  To view the Joint Progress Statement Regarding the Five-Year Work Plan under the MOA, visit http://www.fda.gov/bbs/topics/news/international/progress_HHS_China.pdf. 

THE BUSH ADMINISTRATION PROPOSES NEW RULES GOVERNING FEDERAL CONTRACTING AND PROCUREMENT
Published: June 20, 2008

       Following the issuance of an presidential executive order compelling the use of the Department of Homeland Security's E-Verify system to confirm the employment eligibility of federal contractors, the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration published a proposed rule on June 12, 2008, requiring each federal contractor, as a matter of contract, to use E-Verify for verification of employment authorization documents of existing employees and those provided by applicants for employment.  The proposed rule anticipates an effective date sometime in 2009.
       With the exception of certain grants and cooperative agreements, mandatory compliance would apply to every federal contract issued after the date the final rule is published.  Each new contract,  with few exceptions, will contain a clause that requires the contractor and any subcontractor to use E-Verify to determine the employment authorization of all new employees, whether or not those employees work on the contract in question, and all existing employees hired after November 6, 1986, who work on the contract in question. Current existing indefinite delivery/indefinite time contracts will be subject to the new regulations if substantial performance remains.  The only exceptions are contracts for commercial off-the-shelf items, except for bulk agricultural and other products; contracts below the $3,000 micro-purchase threshold; or contracts that do not involve any work in the United States. 
       Subcontractors providing commercial services or construction would also be required to use E-verify if the contract exceeds $ 3,000 and includes work in the United States.  Subcontractors of the prime contractor would be required to include the clause requiring E-verify in their subcontracts.  Ultimately, the requirement would flow down to every tier of subcontractor providing "services or construction."  (Contact: Amy Mann)

EPA PROPOSES CHANGES TO PESTICIDE CONTAINER RULE
Published: June 20, 2008

       The Environmental Protection Agency (EPA) published a proposed rule on June 11 to amend pesticide container and containment regulations. The agency is proposing to change the regulations because stakeholders contacted the agency with significant concerns after the final rule titled "Pesticide Management and Disposal; Standards for Pesticide Containers and Containment" was published in 2006.
       The proposed amendment, which applies to all registrants, would provide a one-year extension of the labeling compliance date; change the phrase "sold or distributed" to "released for shipment" as associated with all compliance dates; provide for exceptions to the language requirements for some specific nonrefillable packages; allow for waivers of certain label requirements for other refillable and nonrefillable containers on a case-by-case basis; and correct typographical and other minor errors.  Additional information, including Frequently Asked Questions (FAQ), about the proposed amendment and container regulations are available at http://www.epa.gov/pesticides/regulating/containers.htm.  (Contact: Charlie Ingram)

NEW YORK STATE FIRST TO ACHIEVE FDA NATIONAL FOOD SAFETY STANDARDS
Published: June 20, 2008

       Governor David A. Paterson announced that New York is the first state in the nation to meet, and in many areas exceed, nationally recognized food protection program standards set by the U.S. Food and Drug Administration (FDA). New York was among five states asked by the federal government to pilot a new federal program designed to achieve uniformity and consistency between state and federal regulatory agencies for manufactured foods.
       The Manufactured Food Regulatory Program Standards were initiated by FDA to bring about the adoption of more uniform, equivalent, and high quality regulatory programs by state and federal government agencies responsible for regulating facilities that manufacture, process, pack, or hold food under FDA's jurisdiction.
       "Safeguarding our food supply is one of the most basic and important responsibilities government has," said Governor Paterson. "By completing this program before any other state in the country, it proves that New York's standards are on par with those at the federal level, and in some instances, exceed them. The residents of New York State should feel comfortable knowing that we have such a capable food safety unit here that works as proactively and diligently as they do to protect them."
       Without uniform standards, differing food oversight and regulatory activities between state and the federal government can lead to inconsistencies that may jeopardize food safety. The adoption of standardized regulations and compliance with those regulatory programs will establish a uniform basis for measuring and improving the performance of manufactured food regulation and help authorities reduce potential illness hazards--like E-coli or botulism--in food facilities.
       New York did not have to adopt any new food safety regulations in order to meet FDA's Manufactured Food Regulatory Program Standards. In some instances, New York's standards exceeded those of the federal government. For example, New York's smoked fish regulations identify the specific food safety critical control points to be followed by smoked fish manufacturers while the federal rule is nonspecific. New York also has stricter temperature requirements for reduced oxygen packaged processed fish which has been implicated in botulism outbreaks in the past.
       The FDA regulates about 80 percent of the U.S. food supply, which includes food for humans and animals, except meat products, poultry products, and egg products, which are regulated by the U.S. Department of Agriculture. The New York State Department of Agriculture and Markets regulates all food for humans and animals sold retail and wholesale in New York State. Its Division of Food Safety and Inspection conducted more than 42,000 food safety inspections last year. As a result of those inspections, followed by analysis at the New York State Food Laboratory, 311 food recalls were initiated and 450,000 pounds of adulterated food was seized.
       New York State Agriculture Commissioner Patrick Hooker said: "This is great news for New Yorkers who rely on our state inspection staff to ensure that their food supply is safe and wholesome. This program will help garner greater consumer confidence in our food supply by ensuring consistent protocols and common practices are utilized by all. I want to personally thank our Division of Food Safety and Inspection personnel for leading the country in this important matter."
       The New York State Department of Agriculture and Markets' Division of Food Safety and Inspection Director Joseph Corby, who has more than 37 years in food safety enforcement, said: "By achieving uniformity between the states and federal government, our ability to coordinate and then swiftly and effectively address food safety concerns is greatly enhanced. Our team here in New York prides itself on its diligence in safeguarding the public from potential food-borne illnesses and these uniform standards will enable us to improve our performance and work more cooperatively with the FDA in the future."
       Also piloted in Missouri, North Carolina, Oregon and Wisconsin, New York is the first state to complete the FDA's standards, which define best practices for critical elements of state food safety programs. Those elements include: regulations, employee training, inspections, quality assurance, food-borne illness and incident investigations, enforcement actions, education and outreach, resource management, laboratory resources, and program assessment.  (Contact: Jessica A. Chittenden, 518/457-3136)

FOOD SAFETY AUDITS OF FRUIT AND VEGETABLE GROWERS EXPANDING RAPIDLY
Published: June 20, 2008

       After high-profile food-borne disease outbreaks and increasing concern among produce distributors, fresh fruit and vegetable farmers are seeking third-party verification of farm practices that reduce the risk of E. coli, listeria and other illnesses.
       The Washington State Department of Agriculture (WSDA) is conducting a growing number of audits using USDA Good Agricultural Practices and Good Handling Practices. Through the process, WSDA's auditors verify that growers and processors are following best management practices to reduce the risk of microbial contamination of fresh produce. More than 128,000 acres of Washington produce were audited last year, up from 10,200 acres in 2005.
       Good Agricultural Practices (GAP) audits cover the growing process of fresh fruits and vegetables in the field. Good Handling Practices (GHP) audits review the procedures used at produce warehouses and packing plants. GAP audits are conducted during the growing and harvesting season, while GHP audits can be conducted year round.
       While the audits are voluntary, an increasing number of national wholesalers and retailers are requiring GAP/GHP certification from the growers and processors from whom they source their foods. Federal nutrition programs, including the nation's school lunch program, began requiring GAP/GHP audits last year for all produce. Many international buyers are also looking for proof of the audit.
       "We want the buyers of Washington fruits and vegetables to know that they are getting the highest quality produce on the market," said Jim Quigley of WSDA's Fruit and Vegetable Inspection Program. "GAP audits allow our growers to keep pace with the competition and sell to national and international buyers increasingly concerned about farming practices. By reducing the risk of microbial contamination, these audits can help guard against a major product recall that can impact a business for years to come."
       WSDA conducted 97 GAP audits in 2007, up from 16 audits the year before. In 2008, demand is expected to exceed last year's requests. Audits are valid for one year and are conducted on a fee-for-service basis.
       The WSDA auditor looks at a wide range of procedures along the food supply chain that can prevent the spread of bacterial illnesses, including:
       *  Field irrigation water tested for the presence of microbial organisms;
       *  Measures to prevent livestock waste from contaminating crops and water;
       *  Ability to trace back produce to a particular field and date of harvest;
       *  Covered, clean trucks to haul all produce;
       *  Potable water used for food processing and hand washing;
       *  Proper storage and refrigeration of harvested produce;
       *  Documented pest control programs in warehouses; and
       *  Proper sanitation training for farm workers and packing house employees.
       The U.S. Department of Agriculture defined the terms of the GAP and GHP audits, and developed the audit checklist used to evaluate growers. WSDA performs the audits to meet or exceed those requirements, and provides tools to help producers prepare for the audit process.
       Washington's potato industry has been an active partner in developing the GAP audit process for both fresh and processing potatoes. The Washington State Potato Commission and individual growers have worked with WSDA to develop prototype standardized operating procedures used to audit potato farms. The industry has made GAP audit certification one of the requirements written into growers' contracts this season.
       "Our growers, as stewards of the land, know they have to continue to take extra steps to insure the safety and quality of our food," said Chris Voigt, executive director of the commission. "The potato industry has embraced the GAP program to insure strong confidence in the safety of locally grown produce. The WSDA science-based audit system is a model for other countries to follow."
       Growers of other crops are beginning to request the service. Last year, WSDA auditors visited farms growing potatoes, apples, pears, sweet corn and onions. Growers of other commodities are likely to request audits this season. Washington growers produce a larger volume of fruits and vegetables than farmers in any other state except California and Florida.
       WSDA has 22 licensed GAP/GHP auditors in central Washington. The WSDA auditors are also licensed fruit and vegetable inspectors who grade produce for quality. They also certify that international shipments of produce meet the export markets' requirements and are free from plant pests and diseases.  More information about GAP/GHP audits can be found at http://www.agr.wa.gov/Inspection/FVInspection.  (Contact:  Jason Kelly, 360/902-1815)