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Food safety bill could threaten Charlotte area farmers
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Will the Food Safety Enhancement Act of 2009 threaten local
markets? Photo credit: Taylor Blanchard
People who want to eat sustainably often buy food from local farms via farmer’s markets, Community Supported Agriculture (CSA) and other means. If a new bill recently introduced in the U.S. House of Representatives is passed, it could mean onerous fees and regulations for small and medium sized farmers. These fees and regulations could dramatically increase costs for farmers, translating into increased prices for consumers, or potentially driving some farms and producers out of business. Such a scenario could threaten the safe and local food system on which many rely.
While the Food Safety Enhancement Act of 2009 (HR 2749) sounds like something everyone would want to support (considering recent recalls of peanuts, cookie dough and romaine lettuce) – it fails to address many real problems in our food system. The bill addresses the food safety issue by applying a “one-size-fits-all” approach to farms and by giving broad powers to the Food and Drug Administration (FDA).
For instance, one of the more alarming provisions of the bill would require any facility that holds, processes or manufactures food – regardless of size – to pay an annual $500 registration fee. This would apply to local producers such as bakers and cheese makers, and it could possibly extend to farms.
“As it stands, farms are exempt from the $500 registration, but the definition of farm is very narrow,” said Dean Mullis of Laughing Owl Farms at the Tuesday Charlotte Tailgate Market. “If you package food – wash it, put it in a bag – then the way the bill is written, you could be considered a processor instead of a farmer,” said Mullis. If labeled a processor, a farmer would not only be required to pay the registration fee but also need to maintain extensive records.
Dean Mullis of Laughing Owl Farms. Photo credit: Taylor
Blanchard
Mullis noted that many local farmers dropped their organic certification – not because they were no longer practicing organic agriculture – but because they could not keep up with the six to eight hours of record-keeping per week required to maintain their certification.
Even if farms such as Laughing Owl are exempt, Mullis agrees that the regulation would hurt many other vendors at farmer’s markets – those selling jam, cheese, bread or any other “processed” products.
Another issue that Mullis points to is the vague language in the bill. “It could mean anything – or nothing.” The bill leaves open the opportunity for increased powers of the FDA, but the extent of how those powers would be exercised remains in question.
Many groups are also concerned with the bill's provisions and the broad powers the FDA would have. The Farm-to-Consumer Legal Defense Fund raises some of these questions about the proposed legislation on their web site.
The group mentions an especially disquieting provision in the bill that would allow the FDA to quarantine an entire geographic area in the event of a food borne illness traced to that area. Such a quarantine could shut down farmer’s markets and restrict the movement and sale of local food.
During last summer’s E.coli scare, which was traced to jalapeno peppers from Mexico, Charlotte area residents felt safe eating peppers and other produce from local farmers. Not only can you talk to the person who picks your produce, you can also ask about their growing and handling practices. Unfortunately the proposed quarantine provision could effectively cut off local food sources without any cause.
Another instance of the expanded powers of the FDA would give this agency the right to regulate how crops are grown and harvested.
Finally, many cite that this bill does not address the real source of pathogen contamination – industrial meat and produce processing. But that is a topic for another article!
The bill has moved quickly from introduction through committees, as opposed to other food safety bills that have stagnated in committee. After Agriculture Committee hearings last week, the House is expected to take the bill up this week.
Yes, food safety is a concern for everyone, but is this legislation the answer?
If you are interested in taking action:
Learn more:
- Read the full text of HR 2749: The Food Safety Enhancement Act of 2009
- Farm-to-Consumer Legal Defense Fund's Action Alert
- Organic Consumers Association's position on HR 2749
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