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Legislative Line

Legislative Line

Published December 7, 2020 at 4:43 pm ET

Barry Scher

Barry Scher is a government and retail consultant with Policy Solutions LLC. He is a 42-year veteran of Giant/Landover, where he held several key positions, including Vice President of Corporate Public Affairs. He can be reached at [email protected].

As 2021 approaches in a few weeks and with the new Biden administration set to take over come mid-January, there are still more questions than answers as to what impact the new administration will have on our food industry. But following are a few observations culled from conversations I have had with other Hill observers and news sources.

Our new Democratic president, if he lives up to his campaign messages, will focus on major legislative battles over climate and environmental policy that largely were sidelined during the Trump years. The degree of legislative debate on both sides of the aisle will also depend heavily on who Biden appoints to his new cabinet, including nominations and appointments for literally thousands of other official jobs. This new army of policy wonks will be needed to help guide the direction of proposed new laws, rules, regulations, and executive orders issued by the new president. In addition, progressive farm groups are also mobilizing to pressure the incoming Biden administration to find a more left-leaning secretary to head up the U.S. Department of Agriculture (USDA).

Businesses are also preparing for new mandatory workplace safety rules initiatives after Trump’s relatively lax enforcement of coronavirus protections at meatpacking plants and other manufacturing facilities. Even though a COVID-19 vaccine is on the horizon, labor is bracing for new regulations to protect its workers.

What is at stake for agriculture? Politico says to expect to see a major shift in food and farm programs, most notably on issues like nutrition safety net programs and the interaction of agriculture with climate change. I also think Trump’s prior directives to constantly chip away at various parts of the Supplemental Nutrition Assistance Program (SNAP) and other nutrition initiatives such as the Women Infant and Children (WIC) Program, plus reducing the agriculture department’s scientific and research footprint in DC, will be stopped and reversed. You may recall that, aside from cutting welfare program eligibility rules for many needy families, Trump also moved a lot of USDA jobs out of the Nation’s Capital to the Midwest. Most likely they will return to USDA in Washington.

Transparency In 2021

The next calendar year will also bring increased focus on transparency in the food supply chain and continued interest in plant-based proteins, research firm Innova Market Insights highlighted in a recent press release that crossed my desk. The pandemic, as we all know, has bolstered a new focus on overall health and immunity, with consumers seeking foods and ingredients that support personal health. Thus, expect more attention on the post-COVID landscape to explore how these new behaviors will shape the future of the food and beverage industry.

“Transparency throughout the supply chain will dominate in 2021, with consumers searching for brands that can build trust, providing for more authentic and credible products, and creating shopper confidence in the current and post-COVID climate,” said an Innova Market Insights official.

Hemp Hype Deflates

Remember all the hype about hemp and cannabidiol (CBD), the popular compound derived from hemp that is increasingly found in products from pills to pet foods? Well, the USDA CBD guidance has been awaiting approval from the White House since July! In addition, it has been nearly two years since the 2018 farm bill was enacted which contributed to high hopes for hemp farming as farmers started to see the dollar signs on the horizon for becoming hemp farmers. The agriculture department then approved hemp programs for 29 states and several months ago they were negotiating with another 12 states. But all this has led, according to an item I read in Politico, to the formation of a “perfect storm” created by a patchwork of inconsistent state regulations and unclear federal guidance for the hemp farming industry.

After millions of acres of hemp were then planted last year, production is reported to be way down, and many farmers have simply given up because of a steep drop in prices coupled with a lack of market for their crops. So, all that combined with a questionable regulatory process has gotten the hemp interests bogged down and struggling.

Recalled Foods

Food Safety News has reported that the Food & Drug Administration (FDA) is out with its final guidance for the food industry and their own agency staff pertaining to the issue of releasing retailer names for product recalls so they might be more easily identified by consumers.

Current FDA policy prohibits the release of such retailer lists to protect the disclosure of “confidential” business ties. USDA’s Food Safety and Inspection Service (FSIS) routinely releases retailer lists and has done so since 2007. However, FDA now says it intends to focus on recalls when there is a reasonable probability that the use of, or exposure to, the food that will cause serious adverse health consequences or death to humans or animals. The new guidance for the food industry and the FDA’s staff describes how and when FDA intends to collect, compile, and publicize lists of retailers that may have received recalled foods. So, while your retail name may now be publicized for recalls, it is advisable to ensure that you have a plan of action clearly established between your public relations and food safety staff so you can handle recalls in a more efficient manner. For more information and guidance, go to www.fda.gov and look up “Safety & Recalls.”

Genetically Engineered Salmon

I have informed you previously about the pending roll-out of genetically engineered salmon. Well, a federal judge has put a stop to the approval process. I think this is only a temporary setback decision. Food Safety News reported that the U.S. District Court for the Northern California ruled that the FDA violated core environmental laws in approving “AquAdvantage” salmon that I have written about in the past. The judge agreed with environmental groups that fear the genetic salmon might damage wild salmon populations. You may recall that FDA approved the genetically engineered salmon in 2015, finding it had no significant impact on consumer health and the salmon industry.

But Food Safety News reported that “the judge found that FDA ignored the serious environmental consequences of approving genetically engineered salmon and the full extent of plans to grow and commercialize the salmon in the U.S. and around the world,” thus violating the National Environmental Policy Act. A representative of Friends of the Earth U.S., added, “Genetically engineered salmon place wild salmon at risk and set a dangerous precedent for other genetically engineered animals, like cows and chickens designed to fit into factory farms, to enter the food system.” So, it is back to the drawing board. I assure you that you have not heard the last of this issue as genetically engineered products are indeed in our future. Stay tuned.

Online Shopping For the Needy Grows

USDA has reported that the agency is continuing to make great strides in bringing the online shopping experience to more of the agency’s program participants, particularly those who utilize the SNAP and WIC programs. USDA’s Food and Nutrition Service (FNS) is working rapidly to expand capacity in their SNAP online purchasing pilot program, having grown the program exponentially over the past few months.

“Online ordering is, and will continue to be, an important tool for increasing food access in communities across America,” said Brandon Lipps, deputy secretary of USDA’s Food, Nutrition, and Consumer Services. USDA is reportedly working now with newer, smaller grocery stores to bring them onboard the SNAP online pilot as nearly a dozen retailers across several states are going through the approval and testing progress with the agency. With the advent of electronic technology, expect to see more pilot programs rollout to help ensure that low income individuals and families have significantly wider opportunities to purchase nutritious foods.

Ask USDA

I periodically get questions from my readers and have several sources I often go to in order to provide answers. However, you can now go directly to a new source for questions and answers as USDA has just launched AskUSDA to transform how you can interact with the department. You may call 202.720.2791 to chat or make a web inquiry at AskUSDA.gov. It may be a good idea to jot down this phone number and their new website for future reference.

FDA Creates Voluntary ID System For Food Facilities

The FDA has issued guidance establishing a U.S. Agent Voluntary Identification System (VIS) for food facility registration. The VIS is intended to be used in conjunction with FDA’s food facility registration database, the Food Facility Registration Module (FFRM), to streamline and expedite the U.S. agent verification process. U.S. food facilities that are engaged in the manufacturing, processing, packing or holding of foods are now required to register with the FDA under the Federal Food, Drug and Cosmetics Act. For more information, go to the FDA website at www.fda.gov or call FDA at 888.463.6332 to inquire about “Registration of Food Facilities.”

Barry Scher is associated with the public policy firm of Policy Solutions LLC and may be reached at [email protected].

 

 

 

 

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