FDA Seeks Comments on Fresh Produce Safety

The NC Farm Bureau President, Debbie Hamrick, is in the process of traveling all around NC collecting comments from farmers about the impacts of fresh produce safety regulations on small and medium size farms in NC. Her goal is to submit your concerns, comments, suggestions and experise directly to the folks writing the legislation.

If you would like to submit your comments directly to the Food and Drug Administration, here is your opportunity. This will impact all producers and you should let your thoughts be heard!

From the FDA:
"The Food and Drug Administration has announced that by the end of 2010, the agency will issue a proposed rule to establish safety standards for the production and packaging of produce.

The ultimate purpose for such standards is a goal we all share: to reduce the risk of illness associatied with fresh produce.

The usual process is for FDA to issue a proposed rule and then take comments. But this time, we want to go one step further - we want to actively engage our stakeholders while we're still in the development phase of such a rule.

That's why we have opned a docket (Federal Register notice location: http://edocket.access.gpo.gov/2010/pdf/2010-3409.pdf) to receive information before a proposed rule is written. Doing it this way will help us develop the scope of the rule to reflect the realities of production and packing in produce operations.

The discussion on this complex and diverse segment of our food supply needs to be fueled and informed by the expertise and on-the-ground knowledge of those who grow, harvest and pack fresh produce.

That's why we need to hear from you. We urge you and your colleagues to think about and submit comments to us under this docket over the next 90 days.

In addition, we hope you will "spread the word" to groups throughout your area of the country and areas of expertise - so that all sectors that may be affected by the rulemaking to come will know this opportuniity to get their views heard and will take advantage of it.

Below are some tips on how to submit comments through Regulations.gov. You can also submit comments by mail.

Electronically, at www.Regulations.gov

The multi-agency Web site, Regulations.gov serves as a clearinghouse for materials related to FDA rulemaking and is FDA's official on-line comment system.

The easiest way to get to the docket is to enter the docket number.

On the Regulations.gov homepage, enter the following in the "Keyword" field"

FDA-2010-N-0085

This will take you directly to the docket. "Preventative Controls for Fresh Produce: Request for Comments"

In the far right of the screen under Actions, click on "Submit a Comment". A page will come up asking for some information about you or yoiur organization.

You can then type your comment directly into the field provided and/or you can attach any related documents to your comment.

Press "Submit".
You will be able to view your comment and comments others have submitted.

To submit written comments:
Include docket number at the top of the pages in your written submissions. Again, the docket number is FDA-2010-N-0085.

Mail Comments to
Divisions of Dockets Management
HFA-305
Food and Drup Administration
5630 Fishers Lane, Room 1061
Rockville, Maryland 20852

The comment period for this docket ends on May 24, 2010"

Please let your voice and opinions and comments be heard! This will affect all vegetable and fruit producers in our country - especially the small and medium sized farms in WNC and throughout the east coast.

To learn more about Fresh Produce Safety, visit the new Fresh Produce Safety Blog.

NC Sustainable Local Food Advisory Council Meeting Feb. 2

The North Carolina Sustainable Local Food Council will meet for the first time Tuesday, Feb. 2 at the State Fairgrounds in Raleigh, NC. The council will meet from 2-4 pm in the Martin Building. The public is strongly encouraged to attend.

The advisory council was created by the NC General Assembly in August 2009 to study, develop and promote policies that will create jobs, support communities, preserve the natural environment, increase access to fresh and nutritious foods, and provide greater food security for all North Carolinians. The 27-person council includes appointees by Governor Bev Purdue, President Po Tempore Marc Basnight, Speaker Joe Hackney and Agricultural Commissioner Steve Troxler.

"The council is purposely diverse," said Dr. Nancy Creamer, executive director of the Center for Environmental Farming Systems (CEFS) and a council appointee. "By ensuring that the many organizations and individuals are at the same table, the council;s ability to effectively engage policy-makers and community leaders across the state to support a local sustainble food economy in North Carolina is much greater."

"Hundreds of individulas and organization have worked to establish and support local food economies," said Representative Ray Rapp. "Tuesday's meeting will begin to lay out the state's vision and role to support existing efforts, of which there are many, and to encourage new endeavors and ideas." Rep. Rapp and Senator Charlie Albertson championed the legislation in the General Assembly.

The creation of the council is one result of the ongoing CEFS "Farm to Fork" statewide initiative to develop a Statewide Action Plan to build a sustainable local food economy. The Action Plan is expected to be released in March 2010. For a complete listing of council appointees, visit the CEFS website NC Sustainable Local Food Advisory Council page.

CEFS develops and promotes a farm-to-fork approach to agriculture and food choices that protects the environment, strengthens local communities, and provides economic opportunities through research, education, outreach and marketing innovations.

WNC Growers Testify: The Future of Specialty Crops For Small Family Farmers

I am extremely proud to share the following post with you.

Three WNC growers testified before Congress on July 30 about the 2008 Farm Bill regarding the Specialty Crops Program. Each grower expressed the need to protect small, family farms. They voiced their opinions on the strengths and weaknesses of the current Farm Bill, as well as other government programs. The growers, which represent vegetable and fruit growers in WNC, discussed food safety, crop insurance, the importance of research and the challenges of being a small farmer. Each grower represented WNC and small farms very well!

Read the Hendersonville Times-News article: Area Farmer Headed to Congress.

I have posted each growers' testimony below (Thanks to YouTube) for you to view.







I would like to thank each of these gentlemen for their eloquent words and for representing the farmers of WNC. I would also like to thank Congressman Heath Shuler, who represents the 11th District of NC and acts as the Chairman of the House Subcommittee on Rural Development, Entrepreneurship and Trade.

This is a very important topic for growers in WNC and it is exciting to see our fellow growers voicing their opinions in Washington!

Food Safety?

It is no question that everyone wants the food they consume to be safe. But, have we crossed the line? Is this really the future of food? I hope not.

Debbie Roos, NC Cooperative Extension Agriculture Agent in Chatham County, has passed on another stimulating and disturbing article from the San Francisco Chronicle about how food safety is going overboard. Crops, Ponds Destroyed in Quest for Food Safety talks about the extreme measures an organic grower is taking to make sure his produce isn't contaminated by wildlife. The article also mentions that these same extreme measures of removing vegetation could be making the produce less safe. All in all, are we rushing forward before we have the science to back it up? What we do have, however, is the experience that tells us local produce is not causing the problem. I'd like to hear your comments!

If you would like to stay abreast of the food safety legislature in Washington, visit President Obama's Food Safety Working Group's website and please send them your comments.

Changes in Pesticide Record Keeping Rule

FOR IMMEDIATE RELEASE
MONDAY, MAY 4, 2009

CONTACT: Jim Burnette, Jr., director
NCDA&CS Structural Pest Control and Pesticides Division
(919) 733-3556
N.C. Pesticide Board adopts pesticide record-keeping rule changes for growers and aerial applicators

RALEIGH — Several new pesticide record-keeping rules went into effect May 1 following approval by the N.C. Pesticide Board. The new rules involve recording the ending time of applications, the recording of daily applications and how long growers must maintain records.

The changes reflect recommendations of the 2008 Governor’s Task Force on Preventing Agricultural Pesticide Exposure and implement the requirements of Senate Bill 847.

Growers making applications that fall under the scope of the federal Worker Protection Standard must now add the actual “end time” of application to the records under the change. This is in addition to the “time of the application” that is required to be posted before the application takes place under the current WPS regulations.

Also each day of application must be recorded as a separate application record. After application information has been displayed for the appropriate time (30 days after the restricted-entry period expires), the application information must now be maintained for a period of two years. This coincides with the USDA Requirements for Restricted-Use Pesticides.

Also effective May 1, aerial applicators must record the year, month, date and time of day when each pesticide application was completed for every pesticide application. Additionally, each day of aerial applications must be recorded as a separate record. The commercial ground applicators regulation addressing the same issues for restricted-use pesticides became effective April 1.

Revised record keeping forms may be downloaded from the Structural Pest Control and Pesticides Division’s Web page, www.ncagr.gov/SPCAP/pesticides/Cmfo.htm#RecordKeeping, or from your local Cooperative Extension Service. Applicators requiring assistance with these or any pesticide regulation, may contact the NCDA&CS Pesticide Section at (919) 733-3556 for help.

Action Needed For Those Employing H2-A Workers

Last Monday I blogged about the Suspension of the H2-A Program. Here are a few bullet points relating to this important issue. Following the bullet points there is an opportunity to let your voice be heard. Must be done by March 27!

• On Tuesday, March 17^th the Obama Administration’s Department of Labor (DOL) released a proposal to suspend the Bush Administration’s recent changes to the H-2A program

• If adopted, the suspension would last for 9 months

• DOL is proposing the suspension so it may “review and reconsider” the Bush H-2A Rule “while minimizing the disruption to the Department, State Workforce Agencies (SWAs), employers and workers.”

• DOL established a 10 day comment period for the proposal

• The short duration of the comment period is unusual, but not unprecedented

• DOL argues the 10 day comment period is sufficient because a longer time period would stretch too far into the growing season

• If DOL decides to suspend the Bush H-2A Rule, it will “re-instate verbatim” the H-2A regulations that were in place immediately before the Bush H-2A took effect

• Assuming DOL decides to suspend the Bush Rule, two possible regulatory outcomes could occur at the end of the 9 month suspension period:

1. DOL will lift the suspension and allow the Bush Rule to stand

2. DOL will write new H-2A regulations

• If the suspension takes effect, H-2A users who have engaged in “pre-filing positive recruitment” before the start of the suspension period will be governed under the Bush H-2A Rule

• H-2A users who have not begun “pre-filing positive recruitment” before the start of the suspension period will be governed under the previous H-2A regulatory scheme

If you use H-2A workers and want to submit comments, you can do so until Friday, March 27th. Comments must be limited to whether USDOL should suspend the Bush H-2A rule.

You can send by e-mail to: http://www.regulations.gov and follow website instructions for submitting comments.

You can also mail them to:

Thomas Dowd

Administrator, Office of Policy Development and Research

Employment and Training Administration

U.S. Department of Labor

200 Constitution Avenue, NW, Room N-5641

Washington, DC 20210

Below is a sample comment letter text from the NC Farm Bureau:

Sample Comment Letter Text

I am writing to express my opposition to the Department’s proposal to suspend the H-2A Final Rule for nine months. As a farmer, I urge the Department to withdraw this proposal.

Suspending the H-2A Final Rule will increase confusion regarding the program and frustrate farm budgets and business plans. It could also result in some farmers who use the H-2A program becoming vulnerable to wage discrimination lawsuits. The Final Rule was adopted using proper rulemaking procedures and H-2A users relied on this regulatory framework as they made plans for the 2009 growing season. The Department’s proposal will disrupt many farming operations in North Carolina, which has the largest number of H-2A users in the nation, at precisely the wrong time.

Again, I urge the Department to withdraw this misguided proposal to suspend the H-2A Final Rule. Thank you for your attention to my comments.

Note: Due to security concerns postal delivery to Washington, DC may be delayed. USDOL encourages the submission of comments via the www.regulations.gov website.

On Thursday, Commissioner Troxler and representatives from the Agriculture Council and the NC Vegetable Growers Association will travel to Washington to hand deliver over 600 letters.

If this is a topic that will adversely affect you, please make your voice heard!

U.S. Department of Labor proposes to suspend H-2A rule

WASHINGTON, March 13 /PRNewswire-USNewswire/ -- The U.S. Department of Labor's Employment and Training Administration (ETA) today announced the proposed suspension for nine months of a final rule implementing changes to the H-2A program, which allows U.S. agricultural businesses to employ foreign workers in temporary or seasonal agricultural jobs. The department's proposed action is open for public comment for 10 days.

"Because many stakeholders have raised concerns about the H-2A regulations, this proposed suspension is the prudent and responsible action to take," said Secretary of Labor Hilda L. Solis. "Suspending the rule would allow the department to review and reconsider the regulation, while minimizing disruption to state workforce agencies, employers and workers."

The proposed suspension of the final rule will appear in the Federal Register on March 17. The final rule appeared in the Federal Register on Dec. 18, 2008, and took effect on Jan. 17, 2009.

The H-2A nonimmigrant program is designed to provide agricultural businesses with short-term foreign agricultural labor when there are not enough domestic workers. Receiving an H-2A labor certification is the first step in the employment-based immigration process to work on a farm.

In 2008, the department granted North Carolina, Georgia and Florida the largest numbers of H-2A labor certifications.

The Labor Department's Office of Foreign Labor Certification will continue to accept and process H-2A applications during the proposed suspension period. Any final action on today's proposed suspension will appear in a future Federal Register notice.

Soil Fumigant Regulations, continued...

In a previous post on soil fumigants, I mentioned the new changes and mitigations that are being proposed by the EPA.

After speaking with a representative at Reddick, he informed me that these changes will not take place until late 2010 or 2011. The delay is due to the changing of the fumigant labels. However, please read your fumigant label before your treat your field. For example, Midas (iodomethane or methyl iodide) has major restrictions on its label already. One of these restrictions is:

"Do not apply within 1/4 mile of any occupied sensitive site such as schools, daycare facilities, nursing homes, hospitals, prisons and playgrounds".

This may have an impact on many farms here in WNC where our fields are very close to our neighbors. If you fall into this category, you can still apply Telone or methyl bromide. These fumigants have buffer zones, thought not as wide as with Midas. Please read and follow the label- it is the law! You can find pesticide labels on the Crop Data Management Systems, Inc website.

The EPA is still taking comments, so please let your voice be heard. Contact the EPA soon!

If you have any questions about fumigants, please contact your local supplier or call your local cooperative extension office.

Did you know...

that there are two plant diseases that are specifically regulated by the state of NC? Both Potato Virus Y and White Pine Blister Rust have laws on the books that regulate plant movement into NC.

Potato Virus Y is a plant pathogen that is spread by aphids and infects crops including potatoes, tomatoes and tobacco. NC regulation prohibits the movement of tobacco and tomato transplants from areas of Florida south of and including Dixie, Gilchrist, Alachua, Putnam and Flagler Counties. Plants that were brought to NC from these areas have tested positive for Potato Virus Y. Though Potato Virus Y occurs annually in NC, it is not able to overwinter here. This regulation helps to prevent or slow down the build up on the virus in our agricultural fields. Plants that are grown in greenhouses in the areas mentioned above that are certified as grown in an aphid-free environment can be purchased and planted in NC.

The second plant disease is White Pine Blister Rust caused by the fungus Cronartium ribicola. Currants, gooseberries and other plants in the genus Ribes cannot be legally brought into or grown in NC. Ribes spp. are alternate hosts for the pathogen that causes White Pine Blister Rust, the most devastating disease of the white pine (including Pinus strobis). This is an old law, however there is still an active eradication of native currants in WNC within a certain distance of white pine plantations as young white pines are rather susceptible. Though many cultivated varieties of currants and gooseberries claim to be resistant to White Pine Blister Rust, there is not significant scientific evidence of the claim. Researchers are actively researching this subject.

To find out more about these regulations visit the NCDA&CS Plant Industry-Plant Protection Section.

13 more days!

Election day is right around the corner! I encourage you to take the time to review the candidates' views on the issues that are important to you. The candidates' official websites are the best sources of information on their proposed policies. In addition, if farming is an issue that is important to you, Southeast Farm Press has published an article entitled "Candidates Provide Farm Program Views" which addresses both candidates' views on farming.

Reminder: Early voting has started in NC- you can even register and vote on the same day during the early voting period.

Please take the time to exercise your right to vote!

EPA: Soil Fumigant Risk Mitigation

EPA is reviewing soil fumigants for re-registration and a number of mitigations have been proposed. The use of soil fumigants is very important to some vegetable growers in WNC and the proposed changes will change the way these products are used or whether or not vegetable growers will even be able to use soil fumigants in a practical and cost effective manner.

Proposed changes include the following measures:

• Buffer zones
• Posting requirements
• Agricultural worker protection
• Good agricultural practices
• Application method, practices and rate restrictions
• Restricted use pesticide classification
• Community outreach and education programs, etc.
  

Here is the link to the EPA information page on the Aug. 28, 2008 Soil Fumigant Mitigation Methods. This link provides all the details of the changes and measures.

This is a very important issue and threatens vegetable production as we know it. Although these soil fumigant decisions are final, public comments on implementation of the risk mitigation measures are due to EPA by October 30, 2008. EPA has indicated that, based on the comments it receives, it may modify the rule or some of the mitigation measures it has published. Word is that they have received very few comments, thus far. So if this issue is something that you feel strongly about, please send the EPA your comments soon.