While it failed in 2016, Utah 'Food Freedom' act sparks conversation

Buying food from local farmers isn’t new, but in recent years the idea has been becoming more popular in communities throughout the nation. The Farm to Fork or “foodie” movement is a popular idea in Utah, where consumers get to see the face of the farmer that produced their food.

An increased interest in consumers knowing farmers and buying directly from them is creating a need for farmers to more easily sell what they produce to educated consumers without overbearing government regulations. Utah House Bill 144 is designed to do just that. While the measure failed in 2016, the conversation it sparked continues.

Food Freedom Act

The measure was sponsored by Representative Marc Roberts, mirrored Wyoming’s “food freedom act” that passed into law in 2015. Like the Wyoming bill, the proposed Utah bill would have done away with almost all of the government regulations and oversight for farmers selling directly to consumers. The bill was designed for only products grown and produced in the state of Utah. It also would have exempted growers from certain state, county or city regulations in regards to serving, preparation, consumption, use, or storage of certain food and food products.

FREE THE FOOD: Kenny McFarland, a producer farmer has roadside stands throughout northern Utah. He views the attempt to pass the Food Freedom Act as a step in reducing government regulations.

The bill was only intended for products that are sold directly to informed consumers for home consumption. The producer/grower would not have been required to take any steps or jump through any regulatory hoops to eliminate the inherent risk of consumption of their products. Under this proposal, the food is not certified and no license whatsoever is needed to produce or sell the product. It is not inspected or regulated by any government agency.

The only exemption from this bill was nearly all meat products. HB 144 did not pass into law in the 2016 Utah legislative session but it has sparked a lively debate between supporters and opponents.

Those opposed

Opposition of HB144 included some heavy hitters in Utah including the state's Commissioner of Agriculture and Food, LuAnn Adams. The Utah Farm Bureau Federation and many local farmers were also concerned about the health risks involved. Says Adams: “The Food Freedom Act sounds inviting, but its name is misleading; its name should more accurately be called The Freedom From Food Safety Act.”

According to Adams one of the risks is allowing food to be produced, processed and prepared without any oversight from entities designed to ensure the safety of food. “These safeguards,” states Adams, “are in place to protect the interests of both the consumer and the producer.”

Commissioner Adams is also concerned with the lack of labeling this law would allow. “To take away those safeguards would be like taking a giant step backwards 100 years when the spread of disease was rampant,” she says.

The loss of labeling would also hinder traceability of foods back to the producer. The Utah department of Agriculture and Food is working with small producers to fix problems in the current farmer’s market system and feels this is a better option then throwing out all regulations. “We strive to find a safe balance that stimulates commerce, but ensures food safety,” says Adams.

Those in favor

Supporters of HB144 included organizations like The Libertas Institute and food freedom activists throughout the state. Supporters of the bill feel that food laws have become absurd and protect large farming operations but hinder the small family operated farms from selling to their neighbors and friends.

There are laws for small “cottage food licenses” but difficult, burdensome requirements still have to be met. Kenny McFarland, a produce farmer in Northern Utah is torn on this issue. “It’s an exciting concept for the government to have a lesser roll,” says McFarland.

He feels the public is educated and aware of the risks associated with food and should be in charge of their own choices when it comes to food. “What I see happen, is that big money and big corporations steer lawmakers to decide what is okay and not okay for people to eat and I’m not okay with that,” says McFarland.

On the other hand he says that the current system is working for their farm even with the regulation hoops they go through to meet standards. McFarland feels that whatever happens, a safety standard should still apply to all producers.

Looking ahead

The opposition and supporters of HB144 can agree that this issue is not going away anytime soon as more consumers seek to become foodies and a growing number of farmers seek to fill the demand for local direct food markets. Lawmakers, regulatory agencies, farmers and foodies alike, all need to look for improved, innovative ways to create an environment where selling food directly from farmer to the consumer is efficient, easy but also safe. For now Utah lawmakers have chosen to stay the course on food safety regulations.

California Farmers Face Further Economic Losses as Drought Persists

A new report by CoBank says California farmers face up to $1.5 billion in losses due to persistent drought conditions. CoBank says despite nearly normal rainfall and snowpack during the 2015 - 2016 rainy season, the drought's lingering effects will lead to another round of water restrictions for farmers through the remainder of the growing year and beyond. A CoBank researcher says although California farms “are less parched today than they were a year ago, water remains in short supply.” That leads CoBank to predict California farmers will fallow up to 350,000 acres this year. The report says crops that yield the highest returns on investment, like permanent plantings of tree crops and vines, should be impacted the least. At the same time, the report expects a significant reduction in acreage for field crops that require significant amounts of water, including corn, wheat, cotton and alfalfa. However, despite a projected decline in farm income, the report says California's agriculture sector remains strong enough to manage through another year of drought.

USDA Streamlining Crop Reporting

USDA announced Tuesday farmers and ranchers can update their crop acreage reports at any USDA office without having to visit another. USDA’s Farm Service Agency and Risk Management Agency can now electronically share the “common information” with other office locations. FSA Administrator Val Dolcini says “if you file your report at one location, the data that's important to both FSA and RMA will be securely and electronically shared with the other location.” The change is part of the USDA Acreage Crop Reporting Streamlining Initiative, an interagency collaboration working to streamline the information collected from USDA program participants. Producers must still visit both locations to validate and sign acreage reports, complete maps or provide program-specific information. The common data from the first-filed acreage report will now be available to pre-populate and accelerate completion of the second report.

USDA Launches Ag Resource Management Survey

USDA’s National Agricultural Statistics Service is beginning to collect data from more than 100,000 farmers and ranchers for the annual Agricultural Resource Management Survey.  The survey looks at all aspects of U.S. agricultural production including farm financial well-being and chemical usage, according to USDA. In 2016, the survey will take a closer look at corn production, and both organic and conventional milk production in the United States. The survey is a joint effort of NASS and USDA’s Economic Research Service. USDA claims the information the agencies obtain through the survey influences national and state policy-making decisions. The data is also used to calculate the farm sector portion of the Gross Domestic Product. The survey is conducted in three phases from May 2016 through April 2017. 

General Mills Recalling 10 Million Pounds Of Flour

General Mills Inc. is voluntarily recalling an estimated 10 million pounds (4.5 million kilograms) of flour over E. coli concerns after customers who used the baking staple reported getting sick during the last five months.

The Centers for Disease Control and Prevention found that approximately half of the 38 people who were infected with a specific strain of E. coli had reported making something with flour before getting sick, General Mills said in a statement Tuesday. The company added that “some of the ill consumers may have also consumed raw dough or batter.” The outbreak, which began in December, has spanned 20 states.

“We felt it was important to not only recall the product and replace it for consumers if there was any doubt, but also to take this opportunity to remind our consumers how to safely handle flour,” said Liz Nordlie, president of General Mills’ baking division.

General Mills hasn’t actually found the E. coli strain in any of its flour products or in the flour manufacturing plant. The Minneapolis-based company hasn’t been contacted directly by any consumers reporting illnesses.

The recall covers six types of flour sold under the Gold Medal, Wondra and Signature Kitchen brands. 

Latest Beef Production Report

Derrell Peel, Oklahoma State University Extension Livestock Marketing Specialist

Memorial Day weekend is an important test of beef sales and beef demand. The success of the first big grilling holiday will be assessed over the coming days. There are indications that beef advertising features increased to support large volumes of beef purchased by retailers for the weekend.

The first seasonal bulge in beef production started in February with a 5.5 percent year-over-year increase in cattle slaughter in the month, which resulted in a 6.6 percent increase in beef production compared to one year ago. Average cattle carcass weights were 828 pounds. Increased slaughter continued in March with a 6.5 percent increase in cattle slaughter compared to last year. Total March beef production was 8.4 percent higher than one year earlier, with cattle carcass weights averaging 832 pounds. Both feedlots, with discounted live cattle futures ahead, and packers, with good beef margins, had incentives to increase cattle slaughter and beef production during the period.

Choice boxed beef, which posted a mid-March weekly peak of $231.77/hundredweight (cwt). dropped to a weekly average of $205.72/cwt. the first week of May as sharply higher February and March beef supplies worked their way through the beef pipeline. Wholesale beef sales were strong and there are indications that large volumes of beef were forward sold for Memorial Day and beyond.

Father’s Day and the upcoming extended Fourth of July weekend will be important for beef demand. Weather from Memorial Day through early July, along with other factors will determine if retail sales are strong enough to confirm continuing good beef demand in the second quarter. For the first quarter of 2016, the retail all fresh beef demand index was equal to last year, a very good sign given the 4 percent jump in per-capita beef consumption during the period.

The year-over-year rate of beef production increase slowed in April as feedlots became more current. Total cattle slaughter increased 1.2 percent year over year in April, and total beef production was up 1.8 percent compared to one year earlier.  Average cattle carcass weights dropped through April from a mid-March peak of 836 pounds to the current level of 813 pounds.

More impressively, steer carcass weights dropped 33 pounds from a mid-March peak of 896 pounds to 863 pounds in the latest May data. Choice boxed beef prices bounced back from the early May lows to $222.07/cwt. the last week of May.

Supply pressure will continue as beef production will likely increase to a seasonal peak in June. This burden is made easier by the fact that strong cattle slaughter so far this year pulled cattle forward and somewhat reduces June slaughter numbers and by the fact that sharply lower carcass weights reduces the year over year beef production increase. The balance of summer beef demand to supply will determine how much seasonal pressure will develop to weigh on wholesale and retail beef prices into the summer.

Beef production will continue to grow in the second half of the year as large feedlot placements from February through April begin showing up in slaughter by late summer. The industry has done a lot to helps itself prepare for that by getting current and pulling down carcass weights but good feedlot marketing discipline will be needed for many months to come as cattle numbers coming into feedlots continue to grow. Wholesale and retail beef prices will continue to trend down in the face of growing beef production.

However, beef markets so far in 2016 are encouraging, suggesting that modest decreases in prices are stimulating beef demand quickly. Going forward, beef trade -- both exports and imports -- will be very important, along with domestic beef demand, in determining how beef markets fare in a world of growing beef supplies.

Army Corps Of Engineers Wetland Determinations Can Be Challenged In Court

The Supreme Court ruled unanimously that Army Corps of Engineers wetlands determinations can be challenged in court.  The ruling set a precedent that landowners may challenge the Corps’ jurisdictional determination specifying that a piece of property contains a “water of the United States.”  Justice Kennedy expressed the Court’s continued concern with the Clean Water Act, saying, “[t]he Act… continues to raise troubling questions regarding the Government’s power to cast doubt on the full use and enjoyment of private property throughout the Nation.”