NASDA News - November 10, 2009

November 10, 2009

LEGISLATIVE AND REGULATORY NEWS:

  • Senate climate bill advances despite GOP boycott, ag compliment bill introduced
  • NPDES case appealed to Supreme Court
  • Health care bill passes House narrowly, all eyes now on Senate
  • President embarking on major Asian expedition
  • Cabinet secretaries announce partnership on school nutrition and child obesity
  • Miller asks GAO to expand investigation into risk of contaminated beef in schools
  • Updated FDA Food Code released
  • Final round of stimulus broadband funding upcoming

 STATE NEWS:

  • MI:  Commission of ag highlights a decade of growth & success in the agri-food sector
  • NY:  Commissioner receives Maple Task Force report
  • MI:  Department of Ag staff selected for cutting edge emergency response training
  • VA:  Program keeps nearly 47,000 pounds of plastic pesticide containers from landfills
  • VA:  Collection of final 2009 crop production numbers
  • WI:  International marketing help offered to Wisconsin firms                                        


  • SENATE CLIMATE BILL ADVANCES DESPITE GOP BOYCOTT, AG COMPLIMENT BILL INTRODUCED
    Published: November 10, 2009

    Sen. Barbara Boxer (D-CA), chairwoman of the Senate Environment and Public Works Committee, ignored the concerns of Republicans on her panel and passed the Clean Jobs and American Power Act (S. 1733) without any opportunity to amend.  Due to committee rules Chairwoman Boxer could not conduct a full markup of the legislation without at least two members of the minority party present.  However, she did have the ability to call up and pass the legislation out of the committee if there was a sufficient quorum.  Following a few days of opening statements and briefings from the EPA and committee staff, the final tally was 11-1.  The lone dissent came from Sen. Max Baucus (D-MT), a key Senate moderate, potentially foreshadowing the difficulties Democrats will have compiling sixty votes on the floor. 

    Meanwhile, Sen. Debbie Stabenow (D-MI) introduced legislation, the Clean Energy Partnerships Act, to provide agriculture with a framework for more opportunities in offset markets, increased research funding, and further protection in any comprehensive climate change legislation.  As the situation develops in the Senate, it is likely that several committees will have a chance to markup components of climate legislation within their jurisdiction, including the Senate Agriculture Committee.  Already today, the Senate Finance Committee held a hearing on potential climate legislation.  Following completion of committee work Majority Leader Harry Reid (D-NV) will merge the various bills into one comprehensive package.  (Contact: David Hickey)


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  • NPDES CASE APPEALED TO SUPREME COURT
    Published: November 10, 2009

    A coalition of agriculture organizations, include the American Farm Bureau Federation, National Cotton Council, CropLife America, and the American Forest and Paper Association filed a petition for a Writ of Certiorari to the United States Supreme Court last week, asking the Court to reverse a decision by the Sixth Circuit Court of Appeals in National Cotton Council v. EPA

    If the Sixth Circuit’s decision stands, pesticide applications in, over, or near waters of the United States will require National Pollutant Discharge Elimination System (NPDES) permits under the Clean Water Act.  The Court’s decision failed to consider existing pesticide-related regulation under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), while simultaneously vastly expanding the scope of the Clean Water Act.  (Contact: Nathan Bowen)


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  • HEALTH CARE BILL PASSES HOUSE NARROWLY, ALL EYES NOW ON SENATE
    Published: November 10, 2009

    Democratic Leaders were jubilant on Saturday evening following the passage of the Affordable Health Care for America Act (H.R. 3962), landmark health care legislation this weekend.  After hours of debate, the highly-anticipated vote resulted in a slim passage of 220-215.  Thirty-nine Democrats voted against the legislation, along with one Republican, Representative Joseph Cao (R-LA).  All attention now turns to the Senate for to take action major healthcare reform, which according to recent reports, will not likely act on any legislation before December, if even before the end of the year.   Several Members have expressed serious doubts of the likelihood of the Senate even taking up the House-passed version, including Senator Lindsey Graham (R-SC) who remarked that the bill was “dead on arrival.”

    Last Friday, the National Farmers Union (NFU) expressed strong support for the legislation in a letter to House Speaker Nancy Pelosi (D-CA).  In the letter, NFU President Roger Johnson said the legislation, “includes provisions that would control health care costs for the self-employed farmers, ranchers and small businesses that dominate rural economies. The public health insurance option created by H.R. 3962 will not only dramatically increase the availability of healthcare to our producers but provide competition in under populated areas that have been historically dominated by very few private insurers. Eliminating antitrust exemptions for health insurers will further increase competition and break up regional insurance market monopolies.”  Johnson is a former NASDA President and Commissioner of the North Dakota Department of Agriculture.  (Contact: David Hickey)


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  • PRESIDENT EMBARKING ON MAJOR ASIAN EXPEDITION
    Published: November 10, 2009

    On Thursday, President Barack Obama will embark on a major trip to Asia, which many hope will yield some new gains in trade discussions with several key partners.  According to the White House, the President’s mission during this trip is to, “renew America's alliances in the region, to continue to forge new partnerships, and to make progress on a whole series of issues ranging from our economic recovery agenda; our efforts in Afghanistan…our efforts to stop the spread of nuclear weapons, including our continued efforts in relation to North Korea and Iran; and also our effort to make progress on clean energy and combating climate change.”

    Beginning in Japan, President Obama will spend time with Prime Minister Hatoyama Ichiro and the Emperor and Empress, as well as deliver a keynote speech in Tokyo.  With the new government in Japan, this could turn out to be a critical visit to build relations with the Democratic Party of Japan, which seek a more equal status with the United States.  Next, the President will join U.S. Trade Representative (USTR) Ambassador Ron Kirk at the Asia Pacific Economic Cooperation (APEC) summit in Singapore, a forum of 21 nations of the Asia-Pacific region.  While at the summit, the President plans to spend one-on-one time with Russian President Dmitry Medvedev, Singapore Prime Minister Lee Hsien Loong, and Indonesian President Susilo Bambang Yudhoyono.  The next stop is Shaghai, where President Obama plans to sit down with Chinese President Hu Jintao.  This will be the President’s first visit to China.  In conclusion, the President will head to meetings in South Korea, where he will have bilateral talks with President Lee Myung-Bak.  (Contact: Amy Mann)


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  • CABINET SECRETARIES ANNOUNCE PARTNERSHIP ON SCHOOL NUTRITION AND CHILD OBESITY
    Published: November 10, 2009

    The Secretaries of USDA, Department of Education, and Health and Human Services have announced that they will work together on a plan to improve school nutrition and reduce child obesity.  Agriculture Secretary Tom Vilsack stressed that this would be more than just a simple nutrition program, stating “it is an education and health program”.  The new plan will work to reduce the rate of obesity in children by offering higher quality meals.  Education Secretary Duncan has stated that he is also considering making nutrition and exercise requisites for awarding competitive federal grants to schools. 

    The subsidized school lunch program currently serves 31 million children, many of whom depend on it for two to three meals each day.  President Obama expressed his support for child nutrition programs earlier this year, proposing a $1 billion increase in order to make the program accessible to more children and to improve meals provided.  Senate Agriculture Committee Chairwoman Blanche Lincoln (D-AR) will hold hearings on reauthorization of child nutrition programs beginning Nov 17. (By: Ethan Mathews, Contact: Amy Mann)


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  • MILLER ASKS GAO TO EXPAND INVESTIGATION INTO RISK OF CONTAMINATED BEEF IN SCHOOLS
    Published: November 10, 2009

    Representative George Miller (D-CA), chairman of the House Education and Labor Committee, is calling for an investigation into the safety of school lunches, following a recent Government Accountability Office (GAO) report to Congress that found that federal authorities don’t always provide the schools with timely recall notices of contaminated food products, increasing the risk of contaminated food making its way onto children’s plates.

    While the federal schools program mandates that all its beef be tested for E. coli, the meat schools receive from other sources is not required to undergo E. coli testing. The USDA’s Food and Nutrition Service (FNS) provides up to 20 percent of the food served in the nation’s schools.

    Representative Miller has asked the GAO to expand its investigation to the entire school food system to see whether there are adequate protections for school meals at the local, state and federal level. He also asked investigators to compare the safety and quality of ground beef available to schools with the ground beef available to restaurants and other commercial buyers. (Contact: Amy Mann)


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  • UPDATED FDA FOOD CODE RELEASED
    Published: November 10, 2009

    The Food and Drug Administration (FDA) announced Monday the publication of an updated FDA Food Code.  The FDA food code serves as a model for food regulators at all levels, providing them with the legal and scientific basis for regulating the retail and service sectors of the food industry. 

    This latest publication, which is an update from the 2005 edition, contains additions such as new guidelines for handling leafy cut greens, requirements to improve food worker awareness of food allergens, and restrictions on serving undercooked ground meat on a children’s menu. 

    "Food Code adoption and implementation in all jurisdictions are important for achieving uniform national food safety standards and for enhancing the efficiency and effectiveness of our nation's food safety system," said Dr. Stephen Sundlof, director of FDA's Center for Food Safety and Applied Nutrition.  According to the Association of Food and Drug Officials (AFDO), 48 of 56 states and territories have adopted food codes patterned after versions of the FDA Food Code. (By: Ethan Mathews, Contact: Amy Mann)


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  • FINAL ROUND OF STIMULUS BROADBAND FUNDING UPCOMING
    Published: November 10, 2009

    The Commerce Department's National Telecommunications and Information Administration and USDA's Rural Utilities Service (RUS) announced Tuesday that there will only be one more round of broadband stimulus funding after rounds two and three were consolidated.  The agencies are seeking public input on how to improve in the final round of bidding for over $3 billion in funds designed to encourage broadband development and create new jobs.   (By: Ethan Mathews, Policy Contact: David Hickey)


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  • MI: COMMISSION OF AG HIGHLIGHTS A DECADE OF GROWTH & SUCCESS IN THE AGRI-FOOD SECTOR
    Published: November 10, 2009

    Yesterday, the Michigan Commission of Agriculture heard special testimony from the Michigan Department of Agriculture’s (MDA) Agriculture Development Division highlighting the growth and achievements of Michigan’s agri-food industry over the past 12 years and the role MDA has played. From the birth of the state’s renewable fuels sector to expanding agriculture-based businesses to identifying ways consumers can buy local foods, MDA’s Agriculture Development (AgD) Division helped bring these initiatives to fruition.

    “In just 12 short years, thanks in part to the tremendous efforts of MDA’s Agriculture Development Division, the state’s agri-food sector in Michigan has grown from $55 billion in 1997 to $71.3 billion in 2009. That’s a 129 percent increase,” said James Byrum, Commission chair.  “As one of the few economic bright spots in the state, it is essential that the Commission recognize the intrinsic role the food and agriculture industry play in Michigan’s economic well-being.”  (Contact: Jennifer Holton, 517-241-2485)


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  • NY: COMMISSIONER RECEIVES MAPLE TASK FORCE REPORT
    Published: November 10, 2009

    New York State Agriculture Commissioner Patrick Hooker today received the Maple Task Force’s Final Report, which includes a summary of the obstacles and opportunities facing the industry, as well as four recommendations on how to grow the industry to become the leading maple producer in the country. 

    “As a maple producer myself, I know firsthand some of the challenges that face this industry, and I know there are also numerous opportunities to grow this industry,” the Commissioner said.  “I appreciate the time this task force spent in researching these issues and putting forth recommendations that will lay the foundation to move this industry onward and upward.  New York State has the potential to be the leading maple producer in the country, and by working together as this group did, I believe it can be achieved.”

    The Task Force concludes in the report that there is tremendous potential for growth in production and an unmet demand for New York maple products.  Currently, New York State producers only utilize .5 percent of the nearly 300 million potential taps.  According to one Cornell study, if New York were to tap its maple trees at the same rate that Vermont does, New York could quadruple its current production level to 1.2 million gallons of maple syrup annually.

    The group, which was charged with addressing the issues facing the maple industry in the State, also identified several obstacles that limit the growth of the industry.  The group noted that of the 1,500 maple producers in New York State, well over half of them are small scale producers or hobbyists.  With an industry primarily made up of small producers, the industry lacks a unified identity for marketing purposes and is unable to fill large orders requested by major retailers. 

    To overcome these challenges and move the industry forward, the Task Force is making the following recommendations to the Commissioner, some of which they have already started working on: 

    1.       Increase the number of producers and the size of their operations through education, financial incentives, and technical assistance.

    2.       Increase the amount of land used for maple production by educating land owners about the benefits of leasing, and investigating the options to tapping sugar maples on state land.

    3.       Increase productivity of current producers through the use of new technology, such as reverse osmosis machines and new check-valve spout adapters.  The Task Force looked into the USDA Rural Energy for America Program grants and this fall, 15 New York maple producers received a total of $89,833 in grants for reverse osmosis and energy efficient upgrades.

    4.       Identify a large bottling plant and develop a marketing strategy and brand for New York maple products to market and fill large orders from major retailers. 

    Through the New York State Maple Producers Association, a voluntary container assessment has been established to help raise funds for such work, and a new marketing campaign, “New York Maple. Taste the Tradition.” was unveiled during the New York State Fair in August. 

    Task Force Chair David Campbell said, “The Task Force members took a good hard look at New York’s maple industry; and did an excellent job in identifying opportunities for growth and for filling expanding New York markets.  The USDA Rural Energy for America Program (REAP) grants awarded last month are a good example of how the Task Force succeeded in bringing new resources to the table to benefit our state’s maple industry.” Campbell is also the President of the New York State Maple Producers Association and a partner in Mapleland Farms of Salem.

    The Task Force was created in March 2009 to address the issues facing the maple industry in the State.  The group of thirteen industry representatives met three times and heard numerous presentations from state and federal government agencies, Cornell and a marketing firm.  A copy of the full report can be found online.

    New York is currently the third largest maple producing state in the nation, behind Vermont and Maine.  With 1.5 million taps, New York producers made 362,000 gallons of maple syrup in 2009, up 10 percent from the year prior.  The value of New York maple syrup produced in 2008 was $13.9 million with an average price of $42.40 per gallon.  (Contact: Jessica Chittenden Ziehm, 518-457-3136)


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  • MI: DEPARTMENT OF AG STAFF SELECTED FOR CUTTING EDGE EMERGENCY RESPONSE TRAINING
    Published: November 10, 2009

    If there were an agriculture-related emergency, the Michigan Department of Agriculture (MDA) stands at the ready to mobilize and respond with the most cutting edge training available. Two staffers from MDA’s Animal Industry Division - Dr. Susan R. Rook, DVM, and Ryan Starkweather - recently completed the U.S. Department of Homeland Security’s Agriculture Emergency Response Training (AgERT) course at the Center for Domestic Preparedness (CDP) located in Anniston, Alabama.  The federally funded AgERT course provides interdisciplinary training for emergency responders from across the United States and U.S. territories.

     “This type of advanced hands-on training is vital to ensure responders can effectively prevent, respond to, and recover from real-world incidents involving acts of terrorism and other hazardous materials,” said Brad Deacon, MDA Emergency Management Coordinator.  “MDA staff were chosen out of 11 million emergency responders from across the U.S. This selection underscores the top-notch emergency response Michiganians will receive in the event of a disaster.”

    All 11 received firsthand experience responding to chemical, biological, radiological, nuclear, and explosive weapons (CBRNE), as well as agricultural terrorism and emergency response training to animal and plant diseases.  Participants conduct the exercises in protective gear including respirators, vapor protective suits, chemical resistant gloves, boots, and safety glasses.

    The continuous training is a unique aspect of each CDP course, and the AgERT course provides the agricultural and traditional emergency responder with an overview of agro-terrorism and CBRNE hazards in the agricultural sector. 

    While in full protective gear, responders enter a simulated farm, restrain and collect samples from farm animals, prepare and identify the samples for submission to a laboratory, and exit the premises without setting off any of the potentially explosive devices left to injure responders.  Additionally, the participants must withstand the decontamination process to limit the chance of cross contamination or exposure to a potential disease agent or chemical hazard.

    The CDP is operated by the United States Department of Homeland Security's Federal Emergency Management Agency and is the only federally-chartered Weapons of Mass Destruction (WMD) training facility in the nation. (Contact: Bridget Patrick, (517) 241-2669)


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  • VA: PROGRAM KEEPS NEARLY 47,000 POUNDS OF PLASTIC PESTICIDE CONTAINERS FROM LANDFILLS
    Published: November 10, 2009

    The Virginia Department of Agriculture and Consumer Services (VDACS) and the Virginia Pesticide Control Board announced today the results of the recycling program for empty plastic pesticide containers. The 2009 Plastic Pesticide Container Recycling Program collected and granulated a total of 45,115 containers or approximately 46,850 total pounds of properly-rinsed plastic pesticide containers at 28 sites, including 17 localities and twelve licensed dealers and commercial applicators.  Localities included the counties of Brunswick, Culpeper, Dinwiddie, Madison, Mecklenburg, New Kent, Northampton, Orange, Prince George, Pulaski, Rockingham, Suffolk, Isle of Wight, Surry, Sussex and the cities of Chesapeake and Virginia Beach.

    Since its inception, the Plastic Pesticide Container Recycling Program has collected a total of 976,000 containers, which equates to well over a million fifty thousand pounds of plastic granulated and remanufactured into new products. The program is an environmentally-responsible alternative for container disposal. Granulated chips are transported to recycling facilities and fabricated into items such as pallets, fence posts, field drain tiles and parking stops, keeping the containers out of landfills.

    To participate in the Plastic Pesticide Container Recycling Program, a locality must apply to VDACS and agree to collect, inspect and store the properly-rinsed containers until granulation.  VDACS provides up to $1,875 in reimbursement costs to each participating locality to offset the cost of the program. The program is available statewide each year. The website for the program has additional information including contact information for staff.  (Contact: Elaine Lidholm, Elaine.Lidholm@vdacs.virginia.gov)


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  • VA: COLLECTION OF FINAL 2009 CROP PRODUCTION NUMBERS
    Published: November 10, 2009

    Data from the report will assist farmers as they plan for next growing season

    The Virginia Department of Agriculture and Consumer Services announced today that the USDA’s National Agricultural Statistics Service (NASS) will be contacting producers nationwide soon to gather final year-end production numbers. With Virginia corn and soybean production forecasted to be greater than last year, it is especially important for producers to report. Data from the survey will benefit farmers by providing timely and accurate information to help them make critical year-end business decisions and begin planning for the next growing season.

    Accurate indications of final production are crucial for producers when formulating their market plans. “The December Agricultural Survey, also known as the Crops/Stocks Survey, is the largest and most critical year-end survey conducted by NASS,” explained Herman Ellison, director of the NASS Virginia Field Office. “This survey is the basis for the official USDA estimates of production and harvested acres of all major agricultural commodities in the United States.

    During the first two weeks of December, NASS will contact selected Virginia producers by mail or telephone and ask them to provide information on their 2009 production and on-farm stocks of corn, soybeans, wheat, barley and oats. The information will be compiled and analyzed and then published in a series of USDA reports, including the annual Crop Production summary and quarterly Grain Stocks report, both to be released on January 12, 2010.

    As with all NASS surveys, information provided by respondents is confidential by law. “NASS safeguards the confidentiality of all responses and publishes only state- and national level data, ensuring that no individual operation or producer can be identified,” stated Ellison.

    All reports are available on the NASS web site: www.nass.usda.gov. (Contact: Elaine Lidholm, Elaine.Lidholm@vdacs.virginia.gov)


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  • WI: INTERNATIONAL MARKETING HELP OFFERED TO WISCONSIN FIRMS
    Published: November 10, 2009

    Wisconsin cranberries on Japanese dinner tables?  Mexican chefs serving Wisconsin cheese?

    Wisconsin foods are in demand worldwide but the costs involved with international marketing may be a potential barrier for some Wisconsin companies.  Fortunately, companies can tap into those markets with cost-sharing available through the Food Export Association of the Midwest’s annual Branded Program.  The program reimburses small Midwestern and Northeastern companies up to 50 percent of approved promotional expenses such as tradeshow exhibition fees, brochures, advertising, and label changes.

    “The high-quality and great variety of Wisconsin’s agricultural products are enjoyed by consumers throughout the world,” said Secretary Rod Nilsestuen, Department of Agriculture, Trade and Consumer Protection. “The Branded Program can help Wisconsin companies tap into these markets which will strengthen the Wisconsin brand, create demand for our food products abroad and ensure a healthy agricultural economy.”

    Eligible food and agricultural products include specialty foods and beverages, cheese and dairy products, pet food, supplements, flavorings and ingredients, feed companies, and other value-added food and agricultural products.

    Midwest participants collectively receive close to $7 million annually in reimbursements. The Branded program reimburses eligible companies between $2,500 and $300,000 for eligible marketing activities. In 2009, 22 Wisconsin companies received $977,000 in Branded program funds. 

    “Wisconsin companies that haven’t yet applied for branded funds are missing a great opportunity to expand their marketing and sales to international markets,” said Lisa Stout, agricultural marketing consultant for the state agriculture department. “Eligible expenses for reimbursement include advertising, in-store promotions, public relations, product literature, freight costs to ship samples, overseas trade shows, exhibition fees at certain U.S. trade shows and package and label modifications for overseas markets.”

    Direct questions about qualifications, marketing plans, eligible reimbursements, and the application process to Lisa Stout, (608) 224-5126; Food Export – Midwest, (312) 334-9200 or check online at www.brandedprogram.org. The Branded Program, which runs from January 1 through December 31, increases exporting opportunities for small food and agricultural U.S. suppliers. Applications are now being accepted for 2010 activities.

    Food Export Association of the Midwest USA (www.foodexport.org) is a private, non-profit association of Midwestern state agricultural promotion agencies that use federal, state, and industry resources to promote the export of Midwestern food and agricultural products.  (Contact: Lisa Stout, (608) 224-5126)


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