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Agricultural Landscapes in the United States. Food system. Soil manipulation. Integrated pest management. Food politics. GMOs. Food allergies. Organic. Food justice. Commercialization. School nutrition. Chemicals. Animal welfare. Clean water. A Reading List. Organic farming (EPA)
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Food system Soil manipulation Integrated pest management Food politics GMOs Food allergies Organic Food justice Commercialization School nutrition Chemicals Animal welfare Clean water
A Reading List Organic farming (EPA) School Meals (USDA) Agricultural Biotechnology (USDA) Soils (USDA Food Security (USDA) Integrated Pest Management (USDA) Food Allergies (US National Library of Medicine) Water Home (EPA) Animal Welfare Information Center (USDA) USDA Data Sets U.S. Statutes at Large U.S. Code Federal Register Code of Federal Regulations U.S. Code Service (ProQuest Congressional) U.S. Reports United State Government Manual
A Reading List Organic farming (EPA) School Meals (USDA) Agricultural Biotechnology (USDA) Soils (USDA Food Security (USDA) Integrated Pest Management (USDA) Food Allergies (US National Library of Medicine) Water Home (EPA) Animal Welfare Information Center (USDA) USDA Data Sets
What is healthy food? • Food that fulfills human nutritional needs?
What is healthy food? • Food that fulfills human nutritional needs? • Who is responsible for producing healthy food? • Who is responsible for consuming healthy food?
What is healthy food? • Food that fulfills human nutritional needs? • Who is responsible for producing healthy food? • Who is responsible for consuming healthy food? • What is safe food? • Food that does not cause human illness/death? • Generally recognized as safe (GRAS)? • Who is responsible for producing safe food? • Who is responsible for consuming safe food?
National Agricultural Statistics Service County Data
What is a food system? Interrelated food chains?
Take-home Points • Landscapes are political statements • Landscapes are created incrementally, often in a disjointed fashion, we “muddle through” because we change our minds about the role and responsibility of government • Landscapes embody the past and the present and are the basis for the future • Landscapes are the product of “shared” endeavors between governments and the “private” sector (I’d call it a product of socialism but ….)
Take-home Points • Landscapes are political statements • Landscapes are created incrementally, often in a disjointed fashion, we “muddle through” because we change our minds about the role and responsibility of government • Landscapes embody the past and the present and are the basis for the future • Landscapes are the product of “shared” endeavors between governments and the “private” sector (I’d call it a product of socialism but ….) • There may be no such thing as private enterprise in the United States
A Production Spectrum Public Private – Under coercion • Regulation – big stick • Financial Incentive - carrot • taxation – income, property • loans, grants • Public Infrastructure • construction – water treatment, sewers, roads, schools, recreation areas) • records Public records
Federal Constitution • States, Rules, Judicial Opinions • Public Land Private Land • Transportation Transportation • Administration Agriculture • Manufactured goods • Health? • Welfare? • Safety?
Private Enterprise? The Hass Avocado Promotion, Research, and Information Act of 2000 (Title XII Public Law 106–387, 7 U.S.C. 7801-7813) was signed into law on October 23, 2000 “Hass avocados are an integral food source in the United States that are a valuable and healthy part of the human diet and are enjoyed by millions of persons every year for a multitude of everyday and special occasions” Haas Avocados Research and Promotion Plan (Agricultural Marketing Service) Hass Avocado Promotion, Research, and Information Order (7 CFR Part 1219) California Avocado Society 2000 Yearbook
How can we describe/explain the pattern of dairy farms in the United States? (Why do some individuals produce milk?)
How can we explain the behavior of dairy farmers and milk producers? The behavior of the federal government (state government) Statutory Law regarding milk production, marketing, and consumption Administrative Law regarding milk production, marketing, and consumption Case Law regarding milk production, marketing, and consumption The behavior of milk producers – dairy farmers, dairy companies, wholesale and retail corporations The behavior of milk, butter, cheese consumers
How can we explain the behavior of dairy farmers and milk producers? The behavior of the federal government (state government) Statutory Law regarding milk production, marketing, and consumption Administrative Law regarding milk production, marketing, and consumption Case Law regarding milk production, marketing, and consumption The behavior of milk producers – dairy farmers, dairy companies, wholesale and retail corporations The behavior of milk, butter, cheese consumers
How can we explain the behavior of tobacco producers? On November 23, 1998 the Attorneys General and other representatives of 46 states. Puerto Rico, the U.S. Virgin Islands, American Samoa, the Northern Mariana Islands, Guam and the District of Columbia signed an agreement with the five largest tobacco manufacturers, ending a four-year legal battle between the states and the industry that began in 1994 when Mississippi became the first state to file suit – The Family Smoking Prevention and Tobacco Control Act 2009
A Paradigm for Smoking Lobbying The Family Smoking Prevention and Tobacco Control Act 2009 Lobbying FDA FDA v. Brown & Williamson Tobacco Corp. 2000 Smoking
Landscapes are political statements • To understand agricultural landscapes need to know • how the federal government reaches consensus about its role and responsibility to produce abundant, safe, and cheap food • how individuals, corporations, and governments contribute to the dialogue that produces consensus • how individuals, corporations, and governments react to that consensus
The Nature of Public Policy Iterative decisions made by the three branches of government that have an impact on the behavior of the legal entities Called statutory law, administrative law, and case law, these decisions interact with each other
A Paradigm for Federal Policy Lobbying Congress Legislative Mandate Lobbying Legislation Agency Regulation Courts Public Policy – Law
A Paradigm for Federal Agricultural Policy House Senate Lobbying Legislative Mandate Lobbying USDAFDA Legislation Regulation Courts Public Policy – Law
The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (P.L 107-188, 116 Stat. 594, June 12, 2002) • Provided FDA the authority to order the detention of any article of food if during an inspection, examination, or investigation an FDA officer or qualified employee finds there is credible evidence or information indicating that the article of food presents a threat of serious adverse health consequences or death to humans or animals • FDA issued a proposed rule in the Federal Register of May 9, 2003 (68 FR 25242), proposing procedures for the detention of an article of food • FDA issued the final rule in the Federal Register of June 4, 2004 (69 FR 31660), establishing the procedures for the detention of an article of food • The detention regulations are codified at Title 21, Code of Federal Regulations (CFR) Part 1, Subpart K (21 CFR part 1, subpart K)
FDA Food Safety Modernization Act (P.L. 111-353, 124 Stat. 3885, January 4, 2011) • to ensure the U.S. food supply is safe by shifting the focus of federal regulators from responding to contamination to preventing it • Section 207 amends the existing criteria for ordering the detention of human or animal food as laid out in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334(h)(1)(A)) • FDA amended the regulations in the Federal Register of May 5, 2011 (76 FR 25538) • 21 CFR Part 1 amended
Organizing Agricultural Production Key to finding who does what
Standard Industrial Classification System • Division A: Agriculture, Forestry, And Fishing – businesses primarily engaged in agricultural production, forestry, commercial fishing, hunting and trapping, and related services • Division D: Manufacturing – businesses engaged in the mechanical or chemical transformation of materials or substances into new products. These establishments are usually described as plants, factories, or mills and characteristically use power driven machines and materials handling equipment • Food And Kindred Products • Tobacco Products • Chemicals And Allied Products
Food And Kindred Products • Meat Products • Dairy Products • Canned, Frozen, And Preserved Fruits, Vegetables, and Food Specialties • Grain Mill Products • Bakery Products • Sugar And Confectionery Products • Fats And Oils • Beverages • Miscellaneous Food Preparations And Kindred
Meat Products Meat Packing Plants Poultry Slaughtering and Processing Dairy Products Creamery Butter Natural, Processed, and Imitation Cheese Dry, Condensed, and Evaporated Dairy Products Ice Cream and Frozen Desserts Fluid Milk
Standard Industrial Classification System • Division F: Wholesale Trade – businesses primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, construction contractors, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies • Division G: Retail Trade – businesses engaged in selling merchandise for personal or household consumption and providing services incidental to the sale of the goods. In general, retail establishments are classified by kind of business according to the principal lines of commodities sold (groceries, hardware, etc.), or the usual trade designation (drug store, cigar store, etc.) • Food Stores • Eating and Drinking Places
How does the federal government ensure the production of abundant, cheap, safe food?
Authority • Preamble to the United States Constitution • “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence,promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America” • Article I, Section 8, Clause 1 of the United States Constitution, • “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; …”
A Paradigm for Federal Agricultural Policy House Senate Lobbying Legislative Mandate Lobbying USDAFDA Legislation Regulation Courts Public Policy – Law
Legislation United States Statutes at Large America COMPETES Act. Public Law 110-69, August 9, 2007 Animal Fighting Prohibition Enforcement Act of 2007. Public Law 110-22, May 3, 2007 Asian Elephant Conservation Reauthorization Act of 2007.Public Law 110-133, December 6, 2007 Charlie W. Norwood Living Organ Donation Act. Public Law 110-144, December 21, 2007 College Cost Reduction and Access Act. Public Law 110-84, September 27, 2007 Enactment of a law (Senate) How our laws are made (House of Representatives)
Legislation United States Code Title 7. Agriculture Title 26. Internal Revenue Code Title 42. The Public Health and Welfare
Regulation Federal Register, the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents
Regulation Code of Federal Regulations, the codification of the general and permanent rules published in the Federal Register by the executive agencies of the federal government Title 7. Agriculture Title 9. Animals and Animal Products Title 21. Food and Drugs Title 40. Protection of Environment
Food and Drug Administration • Food. FDA Basics • Food, Drug, and Cosmetic Act, Other laws affecting FDA • Food • Biotechnology • Dietary Supplements • Food Ingredients & Packaging • Food Safety • Labeling & Nutrition • Science & Research • Guidance, Compliance & Regulatory Information • Food Defense & Emergency Response
Food Safety • Food Transportation • Food Safety Programs • Product-Specific Information • Food Allergens • Foodborne Illnesses • Food Contaminants & Adulteration • Hazard Analysis & Critical Control Points - a management system in which food safety is addressed through the analysis and control of biological, chemical, and physical hazards from raw material production, procurement and handling, to manufacturing, distribution and consumption of the finished product • Retail Food Protection - more than 3,000 state, local and tribal agencies have primary responsibility to regulate the retail food and foodservice industries in the United States • The New FDA Food Safety Modernization Act
Resources for You • FoodSafety.gov • Recalls, Market Withdrawals, & Safety Alerts • Generally Recognized as Safe
United States Department of Agriculture • Animal Health • Biotechnology • Food and Nutrition • Food Safety • Marketing and Trade • Natural Resources and Environment • Plant Health • Emergency Preparedness and Disaster Response • Education and Research • Energy • Laws and Regulations • Farm Bill
USDA Annual ReportUSDA Strategic Plan for FY 2005-201 • USDA Organization Chart • Agricultural Marketing Service (AMS) • Agricultural Research Service (ARS) • Animal and Plant Health Inspection Service (APHIS) • Center for Nutrition Policy and Promotion (CNPP) • Economic Research Service (ERS) • Food and Nutrition Service (FNS) • Food Safety and Inspection Service (FSIS) • Grain Inspection, Packers and Stockyards Administration (GIPSA)
Environmental Protection Agency • The EPA has primary responsibility for making rules that enforce the environmental statutes enacted by the Congress • GreenChill is an EPA Partnership with food retailers to reduce refrigerant emissions and decrease their impact on the ozone layer and climate change • Learn the Issues: Pesticides, Chemicals and Toxics • Science & Technology: Pesticides • Science & Technology: Substances & Toxics • Science & Technology: Water • Science & Technology: Land, Waste & Cleanup
Genetically Modified Organisms Diamond v. Chakrabarty, 447 U.S. 303 (1980) Breaking the Law of Life (Resurgence) Lifeform Patenting Genetically Modified Foods and Organisms (Human Genome Project) Liability and Labeling of Genetically Modified Organisms Genetically Modified Organisms (Aglaw) Genetics Society of America, Statement on Genetically Modified Organisms Biosafety Protocol for Genetically Modified Organisms: Overview Biotechnology: An Overview GM Organisms (New Scientist) GMOs at the FAO Dolly the Sheep Life Form Patenting and Family-Scale Agriculture: Implications and Recommendations (Center for Rural Affairs)