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A publication of the National Association of State Departments of Agriculture NASDA REQUESTS FUNDING FOR SPECIALTY CROPS BLOCK GRANT PROGRAM NASDA CONDUCTS NEW STATE SURVEY ON CNMP REGULATIONS GOV. HOLDEN NAMES MOHLER TO CONSERVATION COMMISSION, HOFHERR ACTING AG DIRECTOR DELAWARE AND NEW MEXICO GUIDES RELEASED BY NASDA USDA ANNOUNCES FOOD SAFETY INITIATIVES USDA ANNOUNCES PROPOSED COST-SHARE RULE FOR ANIMAL AND PLANT HEALTH EMERGENCY PROGRAMS BEEF PROMOTION RULED UNCONSTITUTIONAL IN APPEALS COURT ENVIRONMENT & PESTICIDE BRIEFS Past Issues
What's New on the NASDA Website
Testimony: Bobby R. Acord, Administrator, APHIS, on Chronic Wasting Disease NASDA Urges More Funding for Food Safety and Security NASDA Honor Award Memo and Form BSE Information: Canadian, US, and State Resources Register for NASDA 2003, MASDA 2003, and WASDA 2003 NASDA-AFDO Recommendations for Enhancing America's Food Safety and Security System
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NASDA President and Idaho Secretary of Agriculture Patrick A. Takasugi and NASDA Specialty Crops Task Force Chair and California Agriculture Secretary Bill Lyons signed letters sent to members of the Senate Subcommittee on Agriculture, Rural Development and Related Services of the Senate Appropriations Committee last week. NASDA is requesting funding for a Specialty Crops Block Grant Program in the FY04 agriculture appropriations bill. Two years ago states received funding for specialty crops block grants and those funds have strengthened and improved promotion and marketing of specialty crops and provided direct assistance to producers. The Specialty Crops Block Grant Program funded two years ago was part of the emergency farm assistance package approved by Congress and signed into law by President Bush in August 2001. The program provided approximately $159 million for specialty crop production assistance and funds were distributed through state grants. Each state received a base grant of $500,000, with Puerto Rico receiving $1 million, to "support activities that promote agriculture" and the remaining funds were allocated to states based on the ratio of the value of vegetable, fruit, and nut production in each state to the national total. Total cash receipts for vegetable, fruit, and nut production in 1999 was more than $28 billion. This demonstrates that specialty crops are a critical component of agricultural production in all regions of the country. States, working in cooperation with their agricultural community, were able to direct funding to areas that would provide the greatest overall benefits to their producers. These areas included programs such as food safety and security, agricultural education, research, pest and disease prevention, and marketing and promotion. The letter is posted on NASDA's website. The FY04 agricultural appropriations bill will be marked up in the Senate this month. (Contact: Jennifer Yezak Molen) NASDA CONDUCTS NEW STATE SURVEY ON CNMP REGULATIONS This week NASDA began conducting a new survey of states to compile information on the status of Comprehensive Nutrient Management Plan (CNMP) regulations. The CNMP Survey is being distributed to the state departments of agriculture and is posted on NASDA's website at http://www.nasda.org/survey/. The survey is part of an ongoing CNMP project of NASDA's Research Foundation which is supported by a grant from the Environmental Protection Agency (EPA). In 1998, NASDA conducted a "State Survey on Waste and Manure Management Regulations" and updated this document in 2001. This survey data has been valuable to NASDA's ongoing discussions with EPA on the agency's activities on concentrated animal feeding operations (CAFO). In December 2002, EPA issued a final rule for Concentrated Animal Feeding Operations (CAFO). The rulemaking gave the responsibility of implementing and enforcing the CAFO regulations to states with authority to permit National Pollution Discharge and Elimination Systems (NPDES). The rules outline minimum requirements that define a CAFO. The final rule does not specifically stipulate that a CNMP is required for compliance with the rule, but it does indicate that a CNMP will include many of the requirements for obtaining a necessary NPDES permit for CAFOs. The purpose of this new survey is to determine the status of CNMP requirements in each of the states, including specific CNMP elements that may be necessary for discharge permits, land application of wastes, manure management, and CNMP developer certification. The information will be used to assess the current status of waste and manure management regulations. Results of the survey will be available to all NASDA members and individuals who will develop CNMPs so they will be prepared to meet individual state requirements. NASDA members are being requested to take time to complete the 36-question survey and return it to NASDA by August 8. (Contact: Charlie Ingram) GOV. HOLDEN NAMES MOHLER TO CONSERVATION COMMISSION, HOFHERR ACTING AG DIRECTOR Missouri Gov. Bob Holden has announced the nomination of Missouri Agriculture Director Lowell Mohler to the Missouri Conservation Commission. Mohler is the former chief operating officer of the Missouri Farm Bureau and has served as director of the Department of Agriculture since January 2001. Peter Hofherr, the current deputy director, will serve as acting director of the Department of Agriculture, effective July 15. "Lowell has demonstrated a commitment to building a partnership between agriculture and conservation, which will help us broaden support for conservation throughout Missouri," Holden said. Under Mohler's leadership, the department improved agricultural marketing efforts, including a new focus on the value-added side of agriculture, which allows farmers and farming communities to expand markets and increase economic development in rural areas. He has also worked to improve the link between agriculture and the life sciences industry in Missouri. Mohler has established new programs including the homeland security efforts to fight agriterrorism, plans to eradicate brucellosis, and has strengthened the department's meat inspection and other food safety programs. Hofherr has served as the department's deputy director since February 2001, helping to manage the department's six divisions and direct department policy. He has also handled special projects for the administration that include working with the Department of Economic Development to help coordinate statewide economic development activities between agencies and assisting with emergency recovery efforts following May's devastating tornadoes. Hofherr represented Gov. Holden in discussions between the Midwestern Governor's Association and the European Union on genetically enhanced organisms. Prior to joining the state agriculture department, Hofherr ran his family's business, St. James Winery, one of Missouri's oldest wineries. He also worked as a manager for Coopers and Lybrand, a Big Six accounting and consulting firm in Atlanta, where he was a consultant on financial matters. Hofherr is a former commissioner on the Missouri Soil and Water Districts Commission and a former member of the American Society of Enology and Viticulture and the Missouri Grape Growers Association. He has served on the Missouri Restaurant Association and the Missouri Grape and Wine Advisory boards. A chartered financial analyst, Hofherr holds a bachelor's degree in microbiology from Auburn University and a master's degree in business administration from Georgia State University. (Contact: Rick Kirchhoff) DELAWARE AND NEW MEXICO GUIDES RELEASED BY NASDA The NASDA Research Foundation, working with the National Center for Agricultural Law Research and Information at the University of Arkansas Law Center, released new environmental law guides for Delaware and New Mexico this week. The two new guides entitled "State Environmental Laws Affecting Delaware (New Mexico) Agriculture," detail the states' environmental laws that affect agriculture. A separate guide on federal legislation is also available. The guides are designed to help farmers, ranchers, landowners, and their consultants understand the effect environmental laws have on agricultural operations. The guides contain useful tips about state and federal statutes and a list of agencies and organizations to contact for additional information. NASDA is publishing a guide for each state. The 39 state and federal guides completed to date are located on NASDA's website at http://www.nasda.org/. To access the guides, go to "NASDA Research Foundation" and click on "State-by-State Environmental Guides Affecting Agriculture." The guides are available in PDF format. (Contact: Tom Sommer) ON THE HILL ~~Senator Calls on USDA to Enforce Packers & Stockyards Act~~Sen. Tom Harkin (D-Iowa) is urging USDA to reexamine its regulation of the meat packing industry, citing the critical need for a strong enforcement and regulatory system. The Packers & Stockyards Act gives USDA broad regulatory authority to deal with unfair practices in livestock marketing. Harkin believes that USDA has delayed enforcement of the law while the department waits for a recently initiated study on marketing methods in the livestock and meat industries. In a statement, Harkin expressed concern that USDA continues to avoid responsibility and called for immediate action. He said delays caused by further studies threaten to compound shortcomings in enforcing producer protections. ~~Lawmaker Expresses Concern About USDA's Civil Rights Office~~Sen. Chuck Grassley (R-Iowa) has expressed concern that USDA is not giving its Office of Civil Rights the tools needed to effectively help underserved farmers and disadvantaged USDA employees. Grassley sent a letter to Secretary of Agriculture Ann Veneman outlining his concerns. He noted that employee organizations have contacted him regarding the enormous backlog of employee complaints at USDA and asked what is being done to close these cases. Grassley's letter also asks what is being done to allow the Office of Civil Rights greater autonomy from the Office of General Counsel. (Contact: Charlie Ingram) USDA ANNOUNCES FOOD SAFETY INITIATIVES USDA Under Secretary for Food Safety Dr. Elsa Murano this week released a food safety "vision document" that will guide ongoing efforts to improve the safety of U.S. meat, poultry, and egg products. The document is titled "Enhancing Public Health: Strategies for the Future" and outlines goals and strategies to be pursued by FSIS, including several key initiatives to enhance meat and poultry safety and improve food inspection systems. The document outlines five core goals as the road map for FSIS' food safety mission: (1) improving the management and effectiveness of regulatory programs; (2) ensuring that policy decisions are based on science; (3) improving coordination of food safety activities with other public health agencies; (4) enhancing public education efforts; and (5) protecting meat, poultry, and egg products against intentional contamination. Under each of these five goals, the document identifies accomplishments made over the past year to further protect public health, as well as new efforts that will be implemented to further reduce the incidence of foodborne illness. For example, FSIS is finalizing a plan for reorganization to prepare the agency to better meet its public health and food safety goals. The reorganization includes four new offices with cross-cutting purposes, such as the new Office for Food Security and Emergency Preparedness which addresses all homeland security activities. A new Office of International Affairs will centralize the agency's activities related to regulation of imported meat, poultry and egg products and certification of exports. FSIS is also establishing a new Office of Technology Approval Review to lessen the time between the development and implementation of new technologies that will improve meat and poultry safety. Other initiatives that FSIS will undertake include: (1) new baseline studies to determine the nationwide levels of various pathogenic microorganisms in raw meat and poultry; (2) a new research agenda to coordinate food safety research priorities and needs; (3) risk analysis coodination; (4) retooling education and training programs; and (5) development of best management practices for animal production facilities such as feedlots to provide guidance in reducing pathogen loads before slaughter. The document can be found on the FSIS website at http://www.fsis.usda.gov/oa/programs/vision071003.htm. FSIS is also seeking public comments and input on the document. (Contact: Charlie Ingram) USDA ANNOUNCES PROPOSED COST-SHARE RULE FOR ANIMAL AND PLANT HEALTH EMERGENCY PROGRAMS This week, USDA's Animal and Plant Health Inspection Service (APHIS) announced that it was proposing new regulations that would establish criteria to determine the federal share of financial responsibility relative to states and other cooperators in an emergency in which an animal or plant pest or disease threatens the agricultural production of the United States. The proposed regulations are designed to establish a better defined, more consistent approach to cost sharing and the allocation of financial responsibility among the federal government, states, and other cooperators. USDA believes this would improve planning and funding decisions in emergency programs. The new regulations outline predetermined cost-sharing percentages that would apply to certain emergency program activities. Activities that would be subject to cost-sharing are: (1) delimiting survey and diagnostics; (2) control or eradication operations; (3) research and methods development specific to outbreaks; (4) public information activities specific to outbreaks; and (5) the payment of compensation. The starting point of the federal share of covered emergency program costs should be up to 50 percent with the other 50 percent from states and other cooperators. The rule describes cases of emergencies where the federal base percentage could increase up to 30 percent in some instances or 10 to 20 percent in some emergencies. The proposed rule provides information that shows that emergency funding from the Commodity Credit Corporation has increased significantly since the early 1980s. In fiscal years 1981 to 1986, total funding was $41 million with three pest infestations. In fiscal years 1999 to 2003, total funding was more than $1.2 billion with 19 pest infestations. With these increasing numbers, USDA wants to find a more consistent and predictable approach to cost allocation among program participants. The proposed regulations can be found on the APHIS website at http://www.aphis.usda.gov/ppd/rad/webrepor.html or on the NASDA website under "What's New." NASDA's Animal and Plant Industries Policy Committee chaired by West Virginia Agriculture Commissioner Gus Douglass will undertake a review of the proposed regulations and are planning to prepare comments. Deadline to submit comments is September 8, 2003. (Contact: Jennifer Yezak Molen) BEEF PROMOTION RULED UNCONSTITUTIONAL IN APPEALS COURT A decision by a district court that found the USDA's beef checkoff program unconstitutional was upheld in the U.S. Court of Appeals for the Eighth Circuit on July 8, 2003. The court stated that the mandatory program infringes on cattle ranchers First Amendment rights (Livestock Marketing Association v. U.S. Department of Agriculture, 8th Cir., No. 02-2769/2832, 7/8/03). The program was established in 1985 and collects mandatory assessments from beef producers to pay for generic advertising of beef and beef products. The program receives $1 per head of cattle sold and generates approximately $80 million for generic beef advertising. In 2001, a similar government program on promoting mushrooms was ruled unconstitutional by the Supreme Court. The court wrote, "the beef checkoff program is, in all material respects, identical to the mushroom checkoff program." Although the government argued that the contributions for advertising were "part of a far broader regulatory system that does not principally concern speech," it was combated by the court's interpretation that there is no "broader regulatory system in place here." USDA suggested that "a portion of the assessments may continue to be collected because some of the funds are spent on activities other than commercial or political speech." This was also rejected by the court. Agriculture Secretary Ann Veneman stated, "I am disappointed that the U.S. Court Appeals for the 8th Circuit upheld the lower court's ruling that the Beef Checkoff Program is unconstitutional. USDA regards such programs, when properly administered, as effective tools for market enhancement. We are consulting with the U.S. Department of Justice to determine the next steps regarding this matter." (Contact: Jennifer Yezak Molen) ENVIRONMENT & PESTICIDE BRIEFS ~~EPA Completes Review of Widely-Used Insecticide Carbaryl~~On June 30, the Environmental Protection Agency (EPA) completed a comprehensive assessment of the pesticide carbaryl, one of the most widely-used insecticides in agriculture. As a result of the evaluation, EPA is requiring new measures to ensure protection for homeowners, agricultural workers and the environment. The agency's actions will reduce potential exposures of residential users and children to this pesticide by eliminating most pet care and aerosol products, as well as liquid lawn care applications. Exposures to people who apply carbaryl in agriculture and those who enter treated areas will be reduced in the following ways: cancelling some uses and application methods; reducing maximum application rates; eliminating aerial application for certain crops; requiring more personal protective equipment and engineering controls; and extending restricted entry intervals for many crops. Carbaryl can pose risks to honey bees, aquatic invertebrates, and other aquatic animals. EPA will also conduct a cumulative risk assessment for carbamate pesticides, and when this is completed, the agency will evaluate whether further risk mitigation may be needed for carbaryl. ~~Increased Civil Penalties Proposed for Environmental Violations~~The Environmental Protection Agency (EPA) has proposed regulations that will allow the agency to assess increased maximum civil penalties against polluters caught violating the nation's environmental laws. The increase is almost 15 percent. EPA's Civil Monetary Penalty Inflation Adjustment Rule will raise the statutory maximum civil penalty to reflect inflation, as determined by the Consumer Price Index. When finalized, the proposal will raise the maximum civil penalties for violations of the Clean Water Act, Clean Air Act, and other environmental statutes from $27,500 to $32,500. ~~New Integrated Pest Management Report Released~~The Council for Agricultural Science and Technology (CAST) has released a new report titled "Integrated Pest Management: Current and Future Strategies." The report offers a comprehensive and up-to-date analysis of the issues involved in pest control and is designed to offer policymakers, opinion makers, and educators with an informed overview on IPM issues. In addition, the report identifies seven key issues that future IPM strategies must address, such as the impact of biotechnology on agriculture; genetic diversity and pest adaptability; and ecology-based management systems. The report is available online at http://www.cast-science.org. ~~Interim Administrator Named for EPA~~President Bush has appointed Marianne Lamont Horinko to be acting administrator of the Environmental Protection Agency (EPA) and Stephen L. Johnson to be acting deputy administrator. The appointments are effective July 14 and temporarily fill the leadership positions following the resignation of former administrator Christine Todd Whitman who left the agency June 27. Horinko is now the assistant administrator for solid waste and emergency response, while Johnson is assistant administrator for prevention, pesticides, and toxic substances. (Contact: Charlie Ingram) FOOD SAFETY BRIEFS ~~NAS Offers Recommendation on Dioxin in the Food Supply~~The National Academy of Science (NAS) this week issued a new report which calls for the establishment of a federal interagency group to develop and implement a risk-management strategies to reduce human exposure to dioxin. Dioxin is a toxic by-product of combustion and certain industrial processes that tends to accumulate in the fatty tissues of animals. The report is titled "Dioxin and Dioxin-Like Compounds in the Food Supply: Strategies to Decrease Exposure," but does not propose regulatory limits on dioxin or dioxin-like compounds (DLCs) in foods or animal feed. The NAS report promotes the Dietary Guidelines for Americans' advice on consumption of fats as the key to reducing the risk of dioxin exposure without compromising nutrient intake. The report calls for the following initiatives: (1) collection of more comprehensive data on levels of dioxin in the food supply; (2) reduction of dioxin contamination in animal feed, and a curtailment of dioxin "recycling" that occurs when contaminated forage and animal fat are included as ingredients in feed; and (3) development between federal agencies and food producers of voluntary guidelines for animal feeding and food-production practices. Copies of the report can be obtained from the NAS website at http://www.nap.edu/books/0309089611/html/. ~~FDA Requires Food Labels to Include Trans Fat~~The Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) this week announced that food labels will be required to list the amount of unhealthy trans fatty acids, or trans fat, to give consumers better information when choosing their foods. The new requirement will mean that manufacturers of most conventional foods and some dietary supplements will have to list in the Nutrition Facts panel the trans fat content of the product, in addition to the information about its overall fat content and saturated fat content. Under the new FDA regulations, consumers will be able to find trans fat listed on food nutrition labels by January 2006. The new information is the first significant change on the Nutrition Facts panel since it was established in 1993. (Contact: Charlie Ingram) USDA NEWS ~~APHIS Proposes Amendments to Domestic Karnal Bunt Regulations~~Following an extensive review, the Animal and Plant Health Inspection Service is proposing several changes to its domestic Karnal bunt regulations. Proposed changes will improve clarity and efficiency of regulations, which will help lead to the prevention of the spread of Karnal bunt in the U.S. The proposed changes include the following: clarifying APHIS' method for determining a Karnal bunt outbreak and the circumstances under which an area would be regulated or deregulated; modifying the restrictions surrounding the planting of wheat, durum wheat and triticale seed originating in regulated areas; modifying cleaning and disinfection requirements for certain equipment and storage facilities; providing for the disposal of chemically treated, spore-positive seed and adding requirements for treatment of positive host material and associated articles. ~~Risk Management Agency Issues Common Crop Insurance Basic Provisions~~The USDA's Risk Management Agency (RMA) announced on July 2, 2003, the Common Crop Insurance Policy (Basic Provisions) final rule in accordance with the Agriculture Risk Protection Act of 2000 (ARPA). Under the Federal Crop Insurance Program, the Basic Provisions provide general policy terms and conditions applicable to most crops insured. These are used in conjunction with specific crop provisions to provide producers with insurance coverage for their agricultural commodities. RMA made changes to select terms and conditions in the Basic Provisions, which are in compliance with ARPA mandates. The final rule has limits on multiple insurance benefits on the same acreage in the same crop year; allows a second crop to be planted on acreage where a first crop was prevented from being planted; and adds an informal review process for determinations regarding "good farming practices." A number of additional changes to the Basic Provisions were proposed, but not carried forward in this final rule. These proposed changes will be addressed in a subsequent final rule and will not be effective until the 2005 crop year. (Contact: Jennifer Yezak Molen) STATE NEWS MILK MARKETING ADVISORY COUNCIL REESTABLISHED --Commissioner Rudgers Brings Dairy Industry Leaders Together to Discuss Future New York State Agriculture Commissioner Nathan L. Rudgers this week welcomed the newly formed Milk Marketing Advisory Council (MMAC), which was created to advise the Commissioner on dairy policy matters. At its first semiannual meeting, the reorganized group of industry leaders, along with State Consumer Protection Board Chairperson and Executive Director Teresa Santiago, discussed the purpose for MMAC and numerous issues facing the state's dairy industry. "New York's dairy industry, much like every state's dairy sector, is at a cross roads," Rudgers said. "The reestablished Milk Marketing Advisory Council represents a broad cross-section of the state's dairy industry that will provide insight on the challenging issues facing the entire realm of the industry from farmer to retailer." "I am pleased that we were able to assemble this group of industry leaders and am confident that their input and collaboration will be very valuable as we work to enhance the viability of the state's leading agricultural industry." Teresa A. Santiago, chairperson and executive director of the New York State Consumer Protection Board and a member of the MMAC, said, "I applaud Commissioner Rudgers' work in fully examining all of the issues related to milk pricing and how it affects consumers, dairy farmers, milk processors, distributors and retailers. I look forward to working with other members of the Milk Marketing Advisory Council to examine all the issues related to milk pricing to help ensure a quality product for consumers at a price that is reasonable and fair to all parties." The Agriculture and Markets Law prescribes the composition of a Milk Marketing Advisory Council to assure representation from dairy manufacturing, processing and production sectors in addition to representatives of milk consumers and milk retailers. The Advisory Council is comprised of leaders from each of the sectors and advises the Commissioner on pertinent policy issues impacting New York's dairy industry, as well as provides a forum for communicating and networking between dairy industry leaders. At the meeting today, the MMAC discussed an array of topics including the current milk market situation, the Cooperatives Working Together (CWT) initiative, dairy import regulations, consumer price surveys and state and federal legislation. Council members also voiced what they believe are the top three issues facing the dairy industry. Key concerns included improving profitability at all levels, structuring the milk processing sector to take advantage of emerging technology, and maintaining New York's leadership to assure that the Northeast remains a major dairy sector. New York's dairy industry ranks third in the nation for total milk production with more than 12 billion pounds produced annually from 680,000 dairy cows. New York has 7,200 dairy farms and generated $1.84 billion last year from the sale of milk, which represents over half of the State's total agricultural receipts. New York's dairy industry also consists of 91 dairy processors and manufacturers, numerous dairy support services, such as veterinarians, feed dealers, equipment dealers, and others, as well as 22,700 retailers that provide milk and dairy products to New Yorkers throughout the state. (Contact: Jessica Chittenden, 518/457-3136) KDA HIRES VET FOR HOMELAND SECURITY Dr. Robert Stout has been hired by the Kentucky Department of Agriculture to help distribute vital homeland security information to Kentucky farmers, businesses, and consumers. He started working with the department on July 1. His position is funded by a homeland security grant from USDA. "Dr. Stout brings a great deal of knowledge and experience to the Department," Kentucky Agriculture Commissioner Billy Ray Smith said. "He will expand on the work that Dr. Ed Hall, one of our field veterinarians, has been doing for the past year. He will contribute immediately to strengthening the security of Kentucky's food products and helping the state prepare for an agricultural emergency." As a homeland security coordinator, Dr. Stout will work with Dr. Hall to conduct presentations and training sessions on biosecurity and disaster preparedness. He also will help set up a reporting system between the state's livestock diagnostic laboratories and the state veterinarian's office. He will be based in Frankfort. Dr. Stout is a graduate of the University of Kentucky College of Agriculture and the veterinary school at The Ohio State University (OSU). He has been an equine practitioner in Versailles since 1974. Earlier this year Dr. Stout worked with the task force charged with eradicating Exotic Newcastle Disease in California as a supervisor of animal movement and permits. He served on the disaster preparedness committee with the Kentucky Veterinary Medical Association, for which he was secretary-treasurer for 12 years. A native of Indiana, Dr. Stout has lived in Versailles, Ky., since 1962 except for his term at OSU and an internship at the University of Georgia. The department has taken a leading role in promoting biosecurity on the farm and preparing for an agricultural emergency. The KDA hosted a tabletop exercise in April in which more than 100 state and local officials from Kentucky and other states participated, and Department officials participated in a similar exercise in Illinois last summer. The Kentucky Department of Agriculture offers signage and current information relating to biosecurity, agro-terrorism, and agricultural emergencies. For more information, long onto the KDA website at http://www.kyagr.com. (Contact: Doug Thomas, 502/564-4696) |
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