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Landscapes – the visible impact of human behavior attesting to the production of a particular commodity or the provision of a particular service. Activity Goods Service Artifacts. Legislation Regulation Judicial Opinions. Organization of Space Organization of Behavior. Landscape. Law
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Landscapes – the visible impact of human behavior attesting to the production of a particular commodity or the provision of a particular service Activity Goods Service Artifacts Legislation Regulation Judicial Opinions Organization of Space Organization of Behavior Landscape Law Public Policy Evaluation Evaluation Government Role Indices
Public Policy - Law • A social construct for effecting behaviorand achieving national goals • Defines goals, establishes a reasons for behavior • Defines, promotes, and rewards certain types of behavior – carrots and big sticks • Defines, prohibits, and penalizes – implicitly or explicitly – other types of behavior • Provides a context in which individuals, corporations, and governments decide to behave and subsequently act
Public Policy Congress Legislative Mandate What is policy? How is policy made? How is policy changed? Why does policy change? Policy mechanics – structure, processes Paper trail – publications, e-databases Agency Legislation Courts Regulation LAW – PUBLIC POLICY
Organization of Behaviors – Policy Foci – in United States • Story of how we have established particular agencies and given them power to regulate – promote, establish standards, and assess blame – specific activities • Protection against risk • Consumer protection • Environmental protection • Promote entrepreneurial activities • Energy • Agriculture • Transportation
Consumer protection (Wikepedia) • Federal Trade Commission • Consumer Product Safety Commission • Federal Deposit Insurance Corporation • Consumer Finance Protection Bureau • Department of Homeland Security
Environmental Protection • Environmental Protection Agency • U.S. Fish and Wildlife Service
Promote entrepreneurial activities • Department of Energy • Department of Transportation • Federal Reserve Board
The Production Spectrum Information – statistics, public records
Surface Cover in the United States retention
Interconnected Policies • Energy policy • Foreign policy Transportation policy • Agricultural policy Balance of Trade
U.S. Agricultural Policy • United State Department of Agriculture • Main foci • Commodities – quantity, quality, price • Export • Rural Development • Environmental Protection • Environmental Protection Agency • Food and Drug Administration • Office of the United States Trade Representative • Import-Export Bank • A New Agricultural Policy for the United States (www.mnproject.org) • Agricultural Policy of the United States (Wikipedia) • New terms in play • Organic • Sustainability • Genetically modified organisms
Genetically modified organisms Recent Court Case • Supreme Court Hears Case Against Monsanto & GMOs (Food RENEGAD April 27, 2010) • GMOs in Supreme Court: A Colossal Waste of Judiciary's Time!(Foundation for Biotechnology Awareness) • Monsanto Co. et a. v Geertson Seed Farms et al (June 21, 2010) • US Supreme Court Rules Farmers May Sue Over Harms Caused by GMOs (Ecocentric, June 21, 2010) • Lawmakers Propose Labeling in Response to Supreme Court's Monsanto Decision (GMO Journal July 14, 2010) • USDA okays banned GMO sugarbeets: We don’t need no stinkin’ courts (Food Freedom, Feb 8, 2011)
General Resources • Legislative and Government Relations: Materials on U.S. Agriculture Policy (United States Agricultural Information Network) • Institute for Agriculture and Trade Policy • Agricultural Policy Center (University of Tennessee) • The National Agricultural Law Center (University of Arkansas) • Minnesota Department of Agriculture • University of Minnesota Extension • Minnesota Agricultural Experimental Station • Minnesota Institute for Sustainable Development • Minnesota Statistics (National Agricultural Statistics Service) • Minnesota Farmers Union
Census of Agriculture • US Agricultural maps (USDA) • Farm Demographics (EPA) • Minnesota Statistical Office (NASS)
Agricultural Aid to Farmers • Money paid to farmers and agribusinesses to supplement their income, manage the supply of agricultural commodities, and influence the cost and supply of such commodities. Examples of such commodities include wheat, feed grains (grain used as fodder, such as maize or sorghum, barley, and oats), cotton, milk, rice, peanuts, sugar, tobacco, and oilseeds such as soybeans
The Production Spectrum Information – statistics, public records
Tobacco Tobacco Master Settlement Agreement (University of Dayton)
Farm Bill (Wikipedia) • 2008 Farm Bill(USDA) • Farm Bill Issues (ERS) • Overview of 2008 Farm Bill (Center for Rural Affairs) • FarmPolicyFacts.org • US Farm Bills (National Agricultural Law Center)
7 USC Agriculture • Grain Standards • Naval Stores • Importation of Adulterated Seeds • Insecticides and Environmental Pesticide Control • Insect Pests Generally • Golden Nematode APHIS Factsheet • Plant Pests • Nursery Stock and Other Plants and Plant Products • Rubber and Other Critical Agricultural Materials • When was legislation enacted? • What was its purpose? • Who was for it and against it? • How was the purpose to be achieved? • What were the consequences?
Cotton Standards • This chapter shall be known by the short title of ''United States Cotton Standards Act.” Mar. 4, 1923, ch. 288, Sec. 1, 42 Stat. 1517. Sec. 56 • The Secretary of Agriculture is authorized to establish from time to time standards for the classification of cotton by which its quality or value may be judged or determined for commercial purposes which shall be known as the official cotton standards of the United States • United States Standards for Cotton
7 USC Agriculture • HONEYBEES. Aug. 31, 1922, ch. 301, Sec. 1, 42 Stat. 833 • COTTON RESEARCH AND PROMOTION • POTATO RESEARCH AND PROMOTION • EGG RESEARCH AND CONSUMER INFORMATION • BEEF RESEARCH AND INFORMATION • PECAN PROMOTION AND RESEARCH • MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION • LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION • SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION
HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION ACT of 2000 (Pub. L. 106-387, Sec. 1(a) (title XII, Sec. 1202), Oct. 28, 2000, 114 Stat. 1549; 7 U.S.C. 7801-7813) USDA Program
Agricultural Futures • Producers of agricultural commodities are faced with price and production risk over varying periods of time • “natural” events • changes in market forces - global free trade, changes in domestic agricultural policy • Farmers recognize the importance of risk management as part of their production strategies • Reduce risk through the use of the commodity futures exchange markets • Just as car insurance hedges the potential costs of a car accident, agricultural producers can use the commodity futures markets to hedge the risks commodity price volatility • Minneapolis Grain Exchange • And then there are options!
7 USC Agriculture 1-27f • This chapter may be cited as the ''Commodity Exchange Act'' • Originally called "The Grain Futures Act' Sept. 21, 1922, ch. 369, Sec. 1, 42 Stat. 998 • Renamed June 15, 1936, ch. 545, Sec. 1, 49 Stat. 1491 • This chapter superseded act Aug. 24, 1921, ch. 86, 42 Stat. 187, known as ''The Future Trading Act,'' which act was declared unconstitutional, at least in part, in Hill v. Wallace, Ill. 1922, 42 S. Ct. 453, 259 U.S. 44, 66 L. Ed. 822 • Section 3 of that act was found unconstitutional as imposing a penalty in Trusler v. Crooks, Mo. 1926, 46 S. Ct. 165, 269 U.S. 475, 70 L. Ed. 365 • Commodity Futures Trading Commission created in 1974 as an independent agency with the mandate to regulate commodity futures and option markets in the United States
Food 21 U.S.C. Food and Drugs 21 CFR United States Board of Tea Appeals
Food and Drug Administration HHS USDA Food and Nutrition www.foodsafety.gov Food Law (Michigan State U) Federal Food Drug & Cosmetic Act 21 USC Sec. 342. Adulterated food. A food shall be deemed to be adulterated (a) Poisonous, insanitary, etc., ingredients (b) Absence, substitution, or addition of constituents (c) Color additives (d) Confectionery containing alcohol or nonnutritive substance (e) Oleomargarine containing filthy, putrid, etc., matter (f) Dietary supplement or ingredient: safety (g) Dietary supplement: manufacturing practices 21 USC Sec. 343. Misbranded food 21 USC Sec. 343-1. National uniform nutrition labeling 21 USC Sec. 343-2. Dietary supplement labeling exemptions Food
21 USC • POULTRY AND POULTRY PRODUCTS INSPECTION • MEAT INSPECTION • EGG PRODUCTS INSPECTION • FOOD SAFETY
The United States Department of Agriculture (USDA) • Agricultural Marketing Service (AMS) facilitates the strategic marketing of agricultural products in domestic and international markets while ensuring fair trading practices and promoting a competitive and efficient marketplace • Agricultural Research Service (ARS) USDA's principal in-house research agency • Animal and Plant Health Inspection Service (APHIS) protects and promotes agricultural health by administering the Animal Welfare Act and carrying out wildlife damage management activities • Center for Nutrition Policy and Promotion (CNPP) works to improve the health and well-being of Americans by developing and promoting dietary guidance that links scientific research to the nutrition needs of consumers
The United States Department of Agriculture (USDA) • Economic Research Service (ERS) USDA's principal social science research agency. Each year, ERS communicates research results and socioeconomic indicators via briefings, analyses for policymakers and their staffs, market analysis updates, and major reports • Farm Service Agency (FSA) aids farmers and ranchers as it works to stabilize income through its efforts to conserve resources, provide credit and relieve operations from the effects of disaster • Food and Nutrition Service (FNS) increases food security and reduces hunger in partnership with cooperating organizations by providing children and low-income people access to food, a healthy diet, and nutrition education in a manner that supports American agriculture and inspires public confidence • Food Safety and Inspection Service (FSIS) enhances public health and well-being by protecting the public from foodborne illness and ensuring that the nation's meat, poultry and egg products are safe, wholesome, and correctly packaged
Natural Resources Conservation Service (NRCS) provides leadership in a partnership effort to help people conserve, maintain and improve our natural resources and environment • Risk Management Agency (RMA) helps ensure that farmers have the financial tools necessary to manage their agricultural risks. RMA provides coverage through the Federal Crop Insurance Corporation, which promotes national welfare by improving the economic stability of agriculture • Rural Development (RD) helps rural areas to develop and grow by offering Federal assistance that improves quality of life
Most of these agencies publish rules - 7 CFR Agriculture • Food and Nutrition Service • Animal and Plant Health Inspection Service • Federal Crop Insurance Corporation • Agricultural Research Service • Natural Resources Conservation Service • Farm Service Agency • Grain Inspection, Packers and Stockyards Administration
Case Law • National Center for Agricultural Law • Agriculturelaw.com • American Agricultural Law Association • Agricultural Law (Hieros Gamus) • Agriculture (Cornell University, Legal Information Institute)
Agricultural Marketing Service • Administers programs that facilitate the efficient, fair marketing of U.S. agricultural products, including food, fiber, and specialty crops • Six commodity programs--Cotton, Dairy, Fruit and Vegetable, Livestock and Seed, Poultry, and Tobacco • Employ specialists who provide standardization, grading and market news services for producers and consumers of the commodities • Enforce such Federal Laws as the Perishable Agricultural Commodities Act and the Federal Seed Act • 7 CFR Agricultural Marketing Service (Standards, Inspections, Marketing Practices)
Marketing Agreements and Orders • Help buyers and sellers market their perishable products in the most efficient manner possible through distribution channels. • USDA Agricultural Marketing Service partner with State agencies for the benefit of nationwide growers, shippers, brokers, receivers, processors and the foodservice industry • Producers come together to work at solving marketing problems they cannot solve individually. • Marketing orders are flexible tools that can be tailored to the needs of local market conditions for producing and selling • But they are also legal instruments that have the force of law, with USDA ensuring an appropriate balance between the interests of producers looking for a fair price and consumers who expect an adequate, quality supply at a reasonable price • Fruit, Vegetable and Specialty Crop Marketing Orders