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Public Policy Update March 28, 2008

March 28, 2008

 

NATIONAL AFFAIRS

Bush Administration Tweaks "No Match" Proposal - The Bush administration unveiled a slightly altered version of its proposal to put employers on notice about suspected undocumented workers.  The administration wants to use the so-called "no match" letters, which are sent by the Social Security Administration, against employers by forcing farms and other businesses to resolve questions about their workers' identities or fire them within 90 days.  The latest version of the proposal makes mostly technical changes to the administration's original proposal. It includes a statement about the regulation's financial impact on small businesses, which predicts compliance would cost companies with fewer than 100 workers between $3,000 and $7,500 overall. These estimates do not include costs associated with firing and replacing workers who lack proper documentation.  Farm Bureau originally filed comments expressing concern about the proposal in 2006 and continues to monitor changing proposal.

 

EPA Proposes to Exclude EPCRA Reporting of Animal Waste Emissions - The U.S. Environmental Protection Agency (EPA) is proposing a rule that would provide an administrative exemption from specific notification requirements under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended, and the Emergency Planning and Community Right-to-Know Act (EPCRA), together also known as Title III of the Superfund Amendments and Reauthorization Act, the provisions of which are commonly referred to as "EPCRA reporting requirements."  This administrative proposal is limited to exempting a facility's need to report emissions to the air of otherwise regulated hazardous substances, such as ammonia and hydrogen sulfide, where the source of those hazardous substances is animal waste from farms. If finalized, this proposed rule would reduce the burden on the potentially regulated farm community of complying with EPCRA reporting requirements.  In fact, EPA goes so far as to suggest that this reporting is unnecessary because there is no reasonable expectation that federal, state or local emergency officials have responded or expect to respond to such report(s) or find them helpful in responding to emergency events that could occur on livestock facilities. EPA is also seeking public comment on the usefulness of emergency release notification and written follow-up emergency notices that are submitted to State Emergency Response Commissions (SERCs) and Local Emergency Planning Committees (LEPCs) when there is an emission to the air from animal waste at farms of any hazardous substance at or above the reportable quantity (RQ) for those hazardous substances. Farm Bureau will submit public comments supporting EPA's proposal.

 

Farm Bureau Supporting an Increase in Perkins Funding - Senators Dick Durbin (D-Ill.), Susan Collins (R-Maine) and Hillary Clinton (D-N.Y.) are urging their colleagues to support an increase in FY09 funding for the Perkins Act career and technical agricultural education and FFA student organizations.  The senators are circulating a 'Dear Colleague' letter throughout the Senate. The letter will be sent to Chairman Tom Harkin (D-Iowa) and Ranking Member Arlen Specter (R-Pa.) of the Labor, Health and Human Services, and Education Appropriations Subcommittee. At this time, 14 senators have signed the letter supporting the effort. Senators may add their signatures to the letter until March 28.  Farm Bureau is encouraging both Ohio senators to sign on.

 

Farm Bill Back-and-Forth Continues - With Congress in the second week of a two-week recess, House and Senate staff members are trying to hammer out farm bill details.  The current farm bill has been extended until April 18 to allow time for a compromise to emerge.  Senate Finance Committee Chair Max Baucus (D-Mont.), the sponsor of the Senate disaster provisions, said the latest proposal from Senate Agriculture Committee Chair Tom Harkin (D-Iowa) and House Agriculture Committee Chair Collin Peterson (D-Minn.) is "dead on arrival." Senate Budget Committee Chair Kent Conrad (D-N.D.) said it's "unacceptable."   The Harkin-Peterson plan, proposed Tuesday, would spend $2.2 billion over 10 years on the disaster program, much less than the $5.1 billion over five years the senators support.  Meanwhile, Sen. Charles Grassley (R-Iowa) said there's some agreement with senior staff of the House Ways and Means Committee on funding. In addition, Agriculture Secretary Ed Schafer told reporters that just because President Bush said he would accept a long-term extension of the current farm bill doesn't mean he sees that as a desirable outcome. Schafer said a long extension would not help producers of specialty crops, and it would not provide a revenue-based countercyclical program, boost the renewable fuels industry or increase nutrition spending.

 

Ohio Farm Bureau Comments on H.R. 1108 - In a letter to members of Ohio's congressional delegation, OFBF relayed concerns about HR 1108 (the Family Smoking Prevention & Tobacco Control Act). While the bill attempts to shield some tobacco farmers from on-farm FDA regulation, it also contains an exception to this provision that would subject tobacco farmers "controlled" by a tobacco product manufacturer to FDA regulation in the "capacity of a manufacturer." If this language is construed to apply to tobacco farmers who grow tobacco under contract, H.R. 1108 would essentially grant FDA the authority to regulate tobacco production at the farm level, which Farm Bureau opposes. This is a concern because a vast majority of burley tobacco produced in southern Ohio is grown under contract. To ensure H.R. 1108 does not subject Ohio's tobacco farmers to the burdens of FDA regulation, in its letter OFBF strongly urged members of Ohio's congressional delegation to work with their colleagues to either strike this exception from the proposed legislation or clarify the language to ensure contract tobacco farmers are not subject to FDA regulation. To read the letter from OFBF click here

 

Donations to Animal Rights Groups Increase - According to the Animal Agriculture Alliance, charitable donations to animal-rights groups rose 5 percent in 2006, the latest statistics available. And donations to People for the Ethical Treatment of Animals (PETA), an extreme animal rights group, increased by 17 percent. Additionally, donations to PETA's so-called Foundation to Support Animal Protection (FSAP) also posted a double-digit increase, jumping 18 percent.

The findings come from the 2007 Animal People Watchdog Report on 150 Animal Charities - the newspaper Animal People's annual review of animal charity budgets which is based upon Internal Revenue Service (IRS) Form 990 filings the groups are required to file. The report also revealed that the largest animal-rights activist group in the United States, Humane Society of the United States (HSUS), increased donations by 9 percent, including its subsidiary organizations The Fund for Animals, Doris Day Animal League (DDAL) and Doris Day Animal Foundation (DDAF). Importantly, this increase builds on the striking 62 percent increase in donations the organization garnered in 2005. It is important to note that all numbers for HSUS exclude Humane Society International, the international branch of HSUS, which was estimated to have revenues of $3 million.

The extreme approach of PETA may have garnered markedly more funds in 2006, but some more moderate groups also made big gains. The moderate vegan group Friends of Animals (FoA), based in upscale Darien, Conn., boosted donations 12 percent. In 2005, FoA raised its revenues about 27 percent, from $3.9 million to $5 million. Outside the United States, the British group, Compassion in World Farming (CWF) more than doubled its donations, exploding 114 percent.

Total donations to animal rights groups expanded by about 5 percent, reaching $295.8 million. This follows a year where HSUS successfully raised its revenues by a stunning 62 percent, but overall donations to groups with animal rights campaigns were essentially flat. Though revenue for groups with animal rights and anti-animal agriculture programs was up, total assets actually shrank 4 percent, despite a relatively benign investing climate in which the S&P 500 rose nearly 14 percent for the year. Animal rights behemoth HSUS had assets decline 3 percent, slightly less than the average. However the group still retains enough assets to fund itself for over 2 years and 2 months at its 2006 budget level. This 3 percent decrease hardly makes a dent in the $89.1 million asset increase the group experienced in 2005.

 

WSJ Examines Farm Bill Lobbying Farm Bureau - The front page of the March 28 edition of The Wall Street Journal includes an in-depth look at the agricultural community's lobbying efforts for the new farm bill. The article includes half-dozen references to Farm Bureau. Graphics, including one that illustrates the top 20 congressional districts that receive farm program payments, accompany the article. Under the headline, "Farm Lobby Beats Back Assault On Subsidies," Lauren Etter and Greg Hitt report, "With grain prices soaring, farm income at record highs and the federal budget deficit widening, the subsidies and handouts given to American farmers would seem vulnerable to a serious pruning. But it appears that farmers, at least so far, have succeeded in stopping the strongest effort in years to shrink the government safety net that doles out billions of dollars to them each year." The article also reports, "Farmers argue that it's worth supporting a vital part of the U.S. economy. 'What's important for the overall economy, and our piece of it in America, is maintaining strong production agriculture,' says Bob Stallman, president of the American Farm Bureau Federation."  AFBF is described as the leader of the "pro-subsidy force [that] includes trade associations representing farmers of corn, wheat, cotton, soybeans, sugar, rice and peanuts. Many of these groups have their own lobbyists and entire teams devoted to farm bill strategy. "Equally important are the thousands of smaller farmers who take time off to travel to Capitol Hill to lobby. And "Through the spring of 2007, roughly 3,000 Farm Bureau members came to Washington to lobby lawmakers as part of a well-organized 'fly in.' The farmers found receptive ears on the House and Senate agriculture committees that write the farm bill."

 

STATE AFFAIRS

Proposed Dairy Labeling Rule Update - The Ohio Department of Agriculture (ODA) announced that it was modifying the proposed dairy labeling rule that was originally announced February 7. As a result, the rule will be re-filed and have a public hearing on April 8 at 10:00 a.m. at ODA, 8995 East Main Street, Reynoldsburg. The Joint Committee Agency on Rule and Review (JCARR) hearing for the proposed rule was originally scheduled for March 31, 2008. It has been tentatively re-scheduled for the modified/re-filed rule on April 21.

Under the modified/re-filed rule, dairy product labels:

Generally may not make "compositional absence claims" like "Hormone Free," "Antibiotic Free" or "rbST Free." These claims are either not provable or disclaim the presence of substances which may not legally be present in milk products.

May make accurate "production claims" which reflect the way a dairy product was produced.  For example, claims that milk was produced from cows not injected with antibiotics, if true, may appear on the product label. (This would apply to certified organic dairies that participate in USDA's organic program and undergo a third-party audit/verification process.)

Must include, along with any permissible production claim about the use of rbST, a statement regarding the FDA's determination that no significant difference has been shown between milk derived from rbST-supplemented and non-rbST-supplemented cows.

Must display the FDA determination contiguously to any accurate rbST production claim in a font size no less than one-half the font size of the rbST production claim. 

Milk product processors will have 120 days to come into compliance with the rule.

OFBF supported the original rule and generally supports the modified/re-filed rule. We still encourage members to contact their legislators, particularly JCARR members, and ask them to support the modified/re-filed rule. Contacts should be made prior to the JCARR hearing tentatively scheduled for April 21. If you have any questions/concerns or need additional information/assistance, please contact David White at (614) 246-8261 or dwhite@ofbf.org.

 

Ohio Farm Bureau Launches AgriPOWER Institute - A new program created by Ohio Farm Bureau Federation (OFBF) will help farmers gain influence over public policy issues that impact their businesses.

The AgriPOWER Institute is an intensive, year-long leadership course designed to develop advocates for the farming industry. OFBF will enroll 20 individuals in the institute's inaugural year.

Starting this summer, selected farmers will engage in seven two- to three-day training sessions. The program is designed to make efficient use of participant's time, and dates have been selected with respect to a farm's busy calendar.

Both OFBF staff and outside experts will provide extensive instruction on the policy issues that face local communities, Ohio, the nation and the world. Specific sessions will focus on important leadership skills such as public speaking and parliamentary procedure. The program will also offer external educational experiences, including a planned trip to Washington, D.C.

Tuition is $4,000 and includes lodging, meals, group travel, materials and all course contents. OFBF is offering 14 full scholarships in the program's first year. Additional scholarships may be available through the support of other organizations.

"Farm Bureau has always been about leadership. This program is a concentrated effort to help our members become even more effective in the public policy arena," said Keith Stimpert, OFBF executive vice president of public policy.

Those accepted are asked to commit to all of the sessions. Applications, as well as session dates, locations and descriptions are available at www.ofbf.org. Applications are due May 30.

 

Ohio Farm Bureau Takes Action on SB 221 - Ohio Farm Bureau was the first major statewide organization to support Gov. Ted Strickland's plan to stabilize the state's electricity rates, as laid out in Senate Bill 221 (SB 221). Now the governor is asking Farm Bureau members across the state to band together in a united grassroots effort to urge Ohio House members to pass the legislation as quickly as possible.

OFBF is responding  by asking members to contact their representatives and ask them to support SB 221, creating more than 7,000 Farm Bureau contacts to the statehouse.

OFBF is providing members who wish to take action  with the resources to get their message to the Capitol through the following means:

Ready-made postcards: OFBF-produced cards ask representatives to support SB 221 and promote Farm Bureau's efforts to help them become friends of agriculture. Members should write a message on the back of the card, affix the proper postage and send directly to statehouse offices. Postcards can be obtained from your County Farm Bureau office.

Farm Votes Matter e-mails: E-mails can be sent directly to representatives' inboxes by visiting www.farmvotesmatter.org and clicking on the Action Alert! link.

In-District visits with representatives, personal letters and phone calls to state offices are contact options as well.


Contact your County Farm Bureau office or organization director for more information.

 

Ag Power Briefing for Candidates and Legislators - Led by the Ohio Livestock Coalition, a one-day conference geared to teach candidates for the Ohio General Assembly, as well as current legislators, about agricultural issues is slated for May 6th in the Capital Club of Columbus. 

Legislators will receive a briefing book with details about agriculture in their districts, as well as a series of briefings by OFBF and commodity group staff.  For more information, contact Sandy Kuhn at skuhn@ofbf.org.

 

UPCOMING EVENTS AND DATES

Forward to other farmers and invite them to test-drive Farm Bureau - Ohio Farm Bureau Federation is currently offering new members an opportunity to join the organization through 2008 for just $35. The rate reflects a savings of up to 50 percent. "This is a fantastic deal," said Janet Cassidy, director of membership marketing. "It's an opportunity for new members to test-drive the organization at a reduced rate." Cassidy said membership provides access to a variety of benefits and savings, including:

·         Legislative representation on important issues including renewable energy, private property rights, wildlife control and ATV trespassing.

·         Access to legal information.

·         Industry information through a subscription to Buckeye Farm News newspaper.

·         Leadership, community involvement and networking opportunities.

·         Promotion of the agricultural industry to consumers through Our Ohio magazine and television series.

·         Savings by the dozens, including: Nationwide family of products and services including home and car insurance; access to individual health plans through Medical Mutual of Ohio; $500 cash rebate from Dodge; 25 percent discount on Sherwin Williams paint; savings on major hotels and car rentals; and much more.

·         Peace of mind knowing Farm Bureau is looking out for farmer interests.

For more information, or to join, contact your county Farm Bureau office, visit http://GrowWithFB.org or call 888-GrowWithFB (888-476-9948).

 
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