Wednesday March 28 Ag News

NDA STEPS UP LIVESTOCK IMPORTATION SURVEILLANCE WORK
35 QUARANTINES ISSUED TO THOSE VIOLATING IMPORTATION REQUIREMENTS

Nebraska Department of Agriculture (NDA) Director Greg Ibach is reminding livestock producers to follow the state’s importation requirements when moving animals into Nebraska.

“The importation requirements are in place to help protect the health of Nebraska’s animals,” said Ibach.  “When people disregard the importation orders, they put the viability of all Nebraska livestock owners at risk.”

“They also put at risk Nebraska’s reputation as one of the top livestock and meat production states in the nation,” Ibach said.  “These are risks our state cannot afford.”

Ibach said NDA began increasing livestock importation surveillance last year, after the state dealt with bovine tuberculosis cases from 2009 to 2011 and after the state experienced an influx of cattle from the drought-stricken South in 2011.  The increased surveillance includes random livestock vehicle stops near the state borders, as well as additional detailed review of livestock health certificates as they come into the NDA offices.  NDA also is conducting a review of its existing import orders and regulations.

Several violations of importation requirements have been detected by the additional surveillance work.  Since September, NDA investigators have issued 35 quarantines of animals that were being improperly imported into the state.

“There are a number of diseases of concern to Nebraska’s livestock industry that recently have gained increasing attention nationwide.  Among these are brucellosis, tuberculosis and trichomoniasis,” said State Veterinarian Dr. Dennis Hughes.  “It is important for those importing animals into Nebraska to follow the most current import regulations and orders.”

Hughes said, “It is the responsibility of the NDA to help protect our state’s livestock herd, but producers must share that responsibility and do the right thing by following all import regulations.”

Producers who are considering moving livestock from another state into Nebraska need to contact the NDA State Veterinarian’s office to learn about specific import requirements.  Staff can be reached by calling (402) 471-2351.  Import regulations and orders also can be reviewed online at www.agr.ne.gov.  It is also advised that producers moving livestock from Nebraska into another state contact the destination state to learn their latest import requirements.



Summer Fairs Go Green with Soy-Based Products

With soy biodiesel powering trams and carnival rides, soy-based paint freshening up show barns and soy-based cleaning products getting the fairgrounds ready, 13 fairs will be a little greener this year with the help of the United Soybean Board (USB) and the soy checkoff.

“U.S. soy feeds the animals that provide the meat we eat, but soy does a lot more than that,” says Geno Lowe, a soybean farmer from Hebron, Md., and USB farmer-director. “U.S. soy is increasingly popular as a ‘green’ ingredient in everything from biofuel to paint to cleaning products and more.”

Lowe and his fellow USB farmer-directors selected the 13 fairs as part of a competitive application process. Through the Green Ribbon Fairs reimbursement program, now in its second year, the checkoff works with fairs across the country to promote the use of soy-based products such as biodiesel, paint, cleaners, hand sanitizers and more. The following fairs will use soy-based products and help educate fairgoers by participating in the 2012 Green Ribbon Fair Reimbursement Program:
-- Saunders County Fair (Nebraska)
-- Delaware County Fair (Iowa)
-- South Dakota State Fair
-- Barton County Fair (Kansas)
-- Dutchess County Fair (New York)
-- Dyer County Fair (Tennessee)
-- Houghton County Fair (Michigan)
-- Indiana State Fair
-- Minnesota Fairs
-- North Carolina State Fair
-- Ohio State Fair
-- State Fair of West Virginia
-- St. Mary’s County Fair (Maryland)



Cattlemen Support Senate Bill on Permanent Estate Tax Repeal
The National Cattlemen’s Beef Association (NCBA), representing generations of farming and ranching families across the nation, strongly supports legislation introduced today, March 28, 2012, that will fight for full, permanent repeal of the estate tax. Senator John Thune (R-S.D.) introduced the Death Tax Repeal Permanency Act (S. 2242) to abolish the federal estate tax, which according to NCBA President J.D. Alexander, is an unnecessary tax on small businesses and farm and ranch families across the country. The bipartisan legislation is identical to the bill (H.R. 1259) introduced in the U.S. House of Representatives by Kevin Brady (R-Texas).

“By once again introducing legislation to repeal this onerous tax, lawmakers on both sides of Capitol Hill have demonstrated an understanding and appreciation for the immense burden this tax places on American cattle producers who are hoping to pass their operation on to the next generation,” said Alexander. “The death tax is detrimental to the farmers and ranchers who live off the land and run asset-rich, cash poor family-owned small businesses.”

Reducing the tax burden on ranchers has always been a top priority for NCBA and the beef cattle community. For decades, NCBA has urged full and permanent repeal of the estate tax.

“Our priority is to keep families in agriculture and this tax works against that goal,” said Alexander. “The appraised value of rural land is extremely inflated when compared to its agricultural value. Many cattle producers are forced to spend an enormous amount of  money on attorneys or sell off land or parts of the operation to pay off tax liabilities. This takes more open space out of agriculture and usually puts it into the hands of urban developers.”

In December 2010, Congress passed temporary estate tax relief effective through December 31, 2012. For now, estates worth more than $5 million per individual, $10 million per couple are taxed at a rate of 35 percent. Unless Congress acts to provide permanent relief, the estate tax will revert back to pre-2001 levels where estates worth more than $1 million will be taxed at a rate of 55 percent. The Death Tax Repeal Permanency Act would completely stop the federal government from considering death as a taxable event.



Legislation Introduced to Curtail Obama Administration’s Land Grab

U.S. Senators John Barrasso (R-Wyo.), Dean Heller (R-Nev.) and Jim Inhofe (R-Okla.) today, March 28, 2012, introduced the Preserve the Waters of the United States Act. The legislation, which is strongly supported by the National Cattlemen’s Beef Association (NCBA) and the Public Lands Council (PLC), would prevent the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) from using their clean water guidance to expand the regulatory regime under the Clean Water Act (CWA). NCBA President J.D. Alexander said the legislation puts up a roadblock to EPA’s intentional end-run around the rulemaking process and Congress.

“EPA has an obsession with avoiding accountability. This administration has made clear its preference to use guidance documents as opposed to going through the rulemaking process. This allows the activists turned government officials to avoid public scrutiny and bypass the consideration of legal, economic and unintended consequences,” said Alexander. “This is a clear violation of the Administrative Procedures Act.”

The document that triggered this legislation was the CWA jurisdiction guidance. The draft, which was proposed by EPA and the Corps April 26, 2011, is expected to be finalized soon. The guidance essentially attempts to give EPA and the Corps jurisdiction over all types of waters under the CWA. The guidance claims to provide clarity and certainty to landowners. According to PLC President John Falen, if the guidance is finalized, the only thing livestock producers can be clear and certain about is that any wet or dry stream, ditch and pond on their land could easily be subject to federal regulation and costly permits.

“This is a direct hit on the private property rights of farmers and ranchers across this country,” said Falen, who is a Nevada rancher. “We will fight hard against this administration’s ongoing efforts to curtail the private property rights of farmers and ranchers by regulating them to the brink of bankruptcy. We commend the senators for standing up for private property rights and the preservation of American agriculture.”
Alexander said despite three Supreme Court rulings and a letter from 170 members of Congress opposing the guidance, EPA and the Corps have “crowned themselves kings” of every drop of water in the country. He said this bill is the best path forward in preventing the guidance from becoming reality.



THE FERTILIZER INSTITUTE APPLAUDS LEGISLATION TO HALT EPA’S DRAFT CLEAN WATER ACT GUIDANCE

The Fertilizer Institute (TFI) praised U.S. Senators John Barrasso (R-Wyo.), Jim Inhofe (R-Okla.), Dean Heller (R-Nev.), Jeff Sessions, (R-Ala.) and 26 other Senators for introducing the “Preserve the Waters of the U.S. Act” (S. 2245). The legislation seeks to prevent the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) from issuing their “Final Guidance on Identifying Waters Protected by the Clean Water Act” (Final Guidance).

The final guidance document, issued in draft form by EPA and the Corps in May 2011, would significantly change and expand the scope of federal jurisdiction under the Clean Water Act (CWA). If finalized, it has the potential to make it more difficult for Americans to build in their backyards, grow crops, manage livestock, expand small businesses and carry out other activities on private lands.

S. 2245 was introduced just days after the Supreme Court’s decision in Sackett v. EPA, a ruling that supports the rights of property owners to challenge EPA compliance orders that are found to be arbitrary and capricious.  In 2007, the Sackett family was told by the Agency that the property they had recently purchased in Idaho to build a home was a wetland covered under the Clean Water Act. Although the Sackett’s attempted to prove that their property was not a wetland, EPA proceeded to issue a compliance order that if not obeyed would result in fines of up to $75,000 a day. The case eventually ended up before the Supreme Court which ruled in favor of the Sacketts last week.

“The Fertilizer Institute believes the Supreme Court’s decision in Sackett v. EPA is a victory for land owners throughout the country,” said TFI President Ford B. West. “We are pleased that the legislation introduced by Senators John Barrasso, Dean Heller, Jim Inhofe and Jeff Sessions seeks to prevent additional situations where EPA may be overstepping and infringing on the rights of property owners, including farmers and other land use stakeholders.”

In related efforts on this issue, TFI joined sixty other organizations in sending a letter to the Office of Management and Budget (OMB) earlier this week to express serious concerns with EPA and the Corps’ draft guidance. The letter also urged OMB to conduct a thorough review of the Final Guidance, noting that the coalition believes EPA significantly underestimated the costs associated with implementation.



NMPF Assumes Management of REAL® Seal for Dairy Products

The National Milk Producers Federation (NMPF) will now manage the licensing and use of the REAL® Seal , one of the most iconic and recognizable product integrity logos used in the food industry, NMPF announced today.

Effective March 15, 2012, the management of the REAL® Seal program was transferred from the United Dairy Industry Association to NMPF. This change was the result of an agreement between the two organizations that the transfer was the best opportunity to place a renewed emphasis on highlighting the importance and value of American-made dairy foods.

“The REAL® Seal was created more than 30 years ago to help consumers distinguish between real and artificial cheeses, as the pizza category was really taking off,” said Jerry Kozak, President and CEO of NMPF. “Today, a generation later, we still see a need to differentiate American-made dairy products from imports, and real dairy foods from those made with soy or rice or even hemp. Our management of this labeling program will benefit consumers, as well as the farmers who have a direct stake in how their milk is marketed.”

One of NMPF’s primary missions “is protecting the integrity and overall value of U.S. dairy products. NMPF has expertise in food labeling requirements and the regulatory process affecting dairy product standards,” Kozak noted. “With NMPF’s link to dairy producers and its dedication to protecting dairy product integrity, NMPF will be able to provide valuable insight that will allow for growth of the program,” he said.

While the program will not undergo any immediate changes, Kozak said the process has begun to determine how to make the REAL® Seal an even more effective marketing tool for dairy product manufacturers, dairy product processors, food processors and food service providers.

“Consumers continue to express an interest in food quality and integrity, through the choices they make at grocery stores and restaurants,” Kozak said. “Labeling is an integral part of creating and maintaining a dialogue with them.”

As a result of this change in management, “the program will now strive to educate new generations of dairy consumers about the significance of the REAL® Seal, revitalizing the brand and talking to them about the good taste, nutritional value, and wholesomeness associated with dairy foods and dairy food ingredients made from milk produced in the United States,” he said.



Reclassification Opens Pathway to Easier Export for Corn Gluten Products

Last week, a key working group of the International Maritime Organization recommended approval of a U.S. proposal that corn gluten feed and corn gluten meal be reclassified in the official IMO code to make transport of these quality feed ingredients simpler, by eliminating a requirement that these cargoes be loaded on vessels with specialized fire suppression equipment.

The proposal was based on the results of tests organized by the U.S. Grains Council, of which the National Corn Growers Association is a founding member, in cooperation with a number of U.S. producers, marketers and shippers of CGF and CGM.

"For corn gluten to be loaded with these specifications, it would have significantly raised the cost of exporting U.S. corn gluten feed and corn gluten meal," said Erick Erickson, USGC director of programs and planning. "This would reduce the attractiveness of these products to feed manufacturers."

In 2010, the U.S. Grains Council organized an industry group to address this problem. With samples donated by various shoppers, the Council arranged for combustibility testing at several U.S. labs. Based on the outcome of those tests, the U.S. Coast Guard issued a letter of exemption in December 2010, allowing CGF and CGM to be loaded in U.S. ports as "low fire risk" cargoes.

"The exemption letter only extends to the limits of U.S. Coast Guard jurisdiction and is not binding on non-U.S. ship owners and arrival ports," Erickson said. "The IMO task force action this week sets into motion a process that will officially re-classify CGF and CGM in the IMO code over a period of three years. In the meantime, the U.S. Coast Guard exemption letter and public knowledge of the IMO decision will facilitate the continued competitiveness of U.S. CGF and CGM in export markets."



US Organic Growers Appeal GE Lawsuit

A group of U.S. family farmers said on Wednesday it is appealing its lawsuit against Monsanto Co to challenge the company's patents on technologies for genetically modified seeds.

The group of organic farmers and seed dealers says its industry is at risk from Monsanto's growing market dominance.

"Farmers are under threat. Our right to farm the way we choose, and to grow pure organic seed and healthy food on our farms for our families and for our customers is under assault," said Maine organic seed farmer Jim Gerritsen, president of the Organic Seed Growers and Trade Association, lead plaintiff in the case.

The group sued Monsanto in March 2011. U.S. District Court Judge Naomi Buchwald, for the Southern District of New York, threw out the case last month, criticizing the groups for a "transparent effort to create a controversy where none exists".

The group of more than 50 organizations filed its notice of appeal o n W ednesday, seeking review by the U.S. Court of Appeals for the Federal Circuit.

The lawsuit challenges the company's patents on its genetically modified seeds and seeks to prohibit Monsanto from suing the farmers or dealers if their organic seed becomes contaminated with Monsanto's patented biotech seed germplasm.



Wendy's Commits to Gestation-Stall-Free Pork

Wendy's has been working with its chicken and pig suppliers to broker new improvements in the treatment of animals, the food service chain said.

Under the changes, the company said one of its chicken suppliers has installed a low atmospheric pressure system, called LAPS, that permanently knocks a chicken unconscious before handling, replacing what it said is the industry's standard practice of electrically stunning chickens.

"We've studied the LAPS system and agree that it's a major improvement to industry practices," said Dennis Hecker, Wendy's senior vice president of quality assurance. "We encourage all chicken producers to embrace this practice."

Wendy's also said it is continuing its work with pork suppliers to eliminate the use of sow gestation stalls, now requiring all of its U.S. and Canadian suppliers to provide their plans to phase out the use of gestation stalls.