UPDATE: DOL drops Youth in Ag Regs; BSE Update...

Labor Department statement on withdrawal of proposed rule dealing with children who work in agricultural vocations

­­­­­­­­­­­­­­­­­­­­­­­­­The U.S. Department of Labor today issued the following statement regarding the withdrawal of a proposed rule dealing with children who work in agricultural vocations:

“The Obama administration is firmly committed to promoting family farmers and respecting the rural way of life, especially the role that parents and other family members play in passing those traditions down through the generations.  The Obama administration is also deeply committed to listening and responding to what Americans across the country have to say about proposed rules and regulations. 

“As a result, the Department of Labor is announcing today the withdrawal of the proposed rule dealing with children under the age of 16 who work in agricultural vocations.

“The decision to withdraw this rule – including provisions to define the ‘parental exemption’ – was made in response to thousands of comments expressing concerns about the effect of the proposed rules on small family-owned farms.  To be clear, this regulation will not be pursued for the duration of the Obama administration.

“Instead, the Departments of Labor and Agriculture will work with rural stakeholders – such as the American Farm Bureau Federation, the National Farmers Union, the Future Farmers of America, and 4-H – to develop an educational program to reduce accidents to young workers and promote safer agricultural working practices.” 



Smith Hails Labor Department’s Decision to Abandon Misguided Youth Ag Rule

Congressman Adrian Smith (R-NE) released the following statement after it was reported the Department of Labor would abandon its proposal to limit youth involvement in agriculture:

“This is a major victory for farmers and ranchers in Nebraska and across the country,” said Smith. “Just as it seemed like the Labor Department would move forward with its terribly misguided rule, common sense has prevailed. Rural families can breathe a little easier knowing it won’t be illegal for their kids to be involved in agriculture, the lifeblood of Nebraska’s economy.”

On September 2, 2011, the Department of Labor published a Notice of Proposed Rulemaking which dramatically would alter current child labor laws as they relate to agriculture.  On December 16, 2011, Smith signed a bipartisan letter along with 152 bipartisan Members of Congress urging Labor Secretary Hilda Solis to re-evaluate the proposed rule which would place burdensome restrictions on youth participation in agriculture. In October, Smith signed a bipartisan letter with 77 other House Members which secured an extension of the public comment period on the rule.

Smith serves as co-chairman of the Congressional Rural Caucus and as co-chairman of the Modern Agriculture Caucus.



Johanns Statement on DoL's Withdrawal of Youth in Ag Rule

Senator Mike Johanns says of the Department of Labor deciding against moving forward on a proposal that would affect youth involvment in Agriculture...  “Withdrawing this illogical rule is good news for families involved with agriculture and future generations of farmers and ranchers,” Johanns said. “It took a while, but I'm glad common-sense finally prevailed. I hope this isn't an isolated incident and will carry over to other overly burdensome regulations proposed by this Administration.”



Proposed Child Labor Regulations Withdrawn, Reaction from NE Cattlemen

Late in the day on April 26th the U.S. Department of Labor withdrew proposed regulations of Child Labor in Agriculture. Nebraska Cattlemen submitted comments in opposition to the proposed regulations last fall when they were first introduced.  These comments were among thousands that the Department of Labor received.

Nebraska Cattlemen also organized a coalition of agriculture associations and agriculture supporters to sign an open letter to the Secretary of Labor opposing the proposed Child Labor in Agriculture regulations. Nebraska Cattlemen opposed these regulations because rather than trying to understand agriculture and work to find safety solutions; the Department of Labor was opting, by regulation, to effectively prohibit young workers from being employed in agriculture at all.

“The withdrawal of the proposed child labor regulations comes as a relief to the farmers and ranchers in Nebraska because now they can continue to teach their children about the importance of agriculture through first hand experiences,” states Jim Ramm, Nebraska Cattlemen President.

Nebraska Cattlemen continued to work on this issue through the winter and spring by supporting federal legislation that would have halted the implementation of these regulations. Nebraska Cattlemen also encouraged the Nebraska Congressional delegation to communicate with the Department of Labor just how unreasonable the regulations were.

Reaction from NCBA
Citing concerns raised in “thousands of comments,” the U.S. Department of Labor (DOL) announced yesterday evening, April 26, 2012, it will withdraw its proposed rule regarding youth in agriculture. National Cattlemen’s Beef Association (NCBA) President J.D. Alexander commended the administration’s action and said farmers and ranchers made their voices heard on the proposed rule, which could have restricted, and in some instances totally prevented, America’s youth from working on farms and ranches.

“This is a victory for farm and ranch families throughout the country. This ridiculous rule would have prevented the next generation of farmers and ranchers from acquiring skills and passion for this very noble profession. It also would have restricted urban kids from working on farms and acquiring a solid worth ethic and enthusiasm for this very diverse industry,” said Alexander. “We absolutely have to have a sensible regulatory environment in Washington, D.C. We should not have to worry about negligent rules being promulgated by out-of-touch regulatory agencies. We encourage the administration to venture off the city sidewalks and learn more about where their food comes from.”

Alexander said this is not the first time the administration has proposed rules impacting agriculture before fully evaluating the consequences of the regulations. He said agency officials should reach out to farmers and ranchers prior to proposing a rule that could jeopardize the future of their profession.

“Rather than strapping our hands behind our backs and preventing American youth from learning the ropes of food and fiber production from today’s farmers and ranchers, the administration should work with farmers and ranchers to ensure the rules on the books are workable,” Alexander said. “Rules and regulations, including those related to America’s youth working on farms and ranches, need to ensure safe working conditions. But the original proposal simply went too far. Cattlemen’s voices were heard.”

Alexander said the administration’s action to withdraw the rule showcases the importance of farm and ranch families being engaged in decisions being made inside the Beltway. He said NCBA will work with the beef community, regulatory agencies and policymakers to ensure a similar rule does not resurface in the future.



ASA Welcomes Labor Decision to Withdraw Proposed Child Labor Rules

In response to significant feedback from the agriculture industry, the U.S. Department of Labor announced late Thursday that it would withdraw its proposed rule that would have tightened restrictions on children under the age of 16 working on farms. The American Soybean Association (ASA) repeatedly voiced its opposition to the proposed regulations, and ASA First Vice President Danny Murphy, soybean farmer from Canton, Miss., releases the following statement in support of Thursday’s announcement:

"Thursday’s reversal by the Department of Labor of its onerous proposed child labor regulations is a victory for soybean farmers and farm families across the country. These rules would have significantly hindered the ability of youth to work on family farms and gain agricultural experience, and we are happy to see the administration make a practical and much needed course correction on this issue.

"I learned how to farm from my father, who learned from his father, and with that knowledge, we’ve kept our farm in the family since 1944. The strength of our industry is built on that understanding of the land, passed down from grandparents to parents to children. The families that comprise the soybean industry know that on-farm experience is the best teacher and part of the rural tradition and work ethic that has made our country’s farm economy strong.

"Nobody values on-farm safety more than farmers, and each of us strives daily to ensure that safety remains our top priority. ASA supports efforts to ensure that children are kept out of potentially hazardous situations on the farm, so we are pleased to hear of the administration’s pledge to work with our farm leadership organizations to develop farm safety programs, and we look forward to working with our public and private partners to ensure that these programs are practical and effective."



National Milk Producers Federation Statement on Department of Labor Child Labor Announcement
Jerry Kozak, President and CEO

"Yesterday, the Department of Labor (DOL) withdrew its contentious proposed rule restricting the work that children could do on farms. In a statement issued by the DOL, it was made clear that the proposed rule would not be pursued 'for the duration of the Obama Administration.'

"The National Milk Producers Federation (NMPF) is encouraged by the Department’s recognition that the path it was on with this proposal was an affront to millions of family members on farms and ranches across America. Many of them had objected to what the Labor Department was planning to do, and they voiced their concerns to the DOL, as well as to Congress. The withdrawal of the proposal is a victory for common sense.

"This proposed child labor rule would have changed the definition of the 'parental exemption,' changed the student learner exemption, and significantly redefined what practices would be acceptable for youth under the age of 16 to participate in. These changes drew objections from NMPF, along with all the other major agricultural organizations, because of the significant impact the change would have had on rural communities and families. Instead, the DOL says it will work with rural stakeholders to develop education programs to reduce accidents to young workers and promote safer agricultural working practices.”


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Update from USDA Regarding a Detection of Bovine Spongiform Encephalopathy (BSE) in the United States
USDA and FDA Continue to Assure Consumers That Existing Safeguards Protect Food Supply; Reiterates Safety of Consuming Beef and Dairy Products

USDA’s Animal and Plant Health Inspection Service today released the following update on the BSE detection announced earlier this week:

On April 24, USDA confirmed the nation’s 4th case of Bovine Spongiform Encephalopathy (BSE) in an animal that was sampled for the disease at a rendering facility in central California. This animal was never presented for slaughter for human consumption, so at no time presented a risk to the food supply, or to human health in the United States. As the epidemiological investigation has progressed, USDA has continued to communicate findings in a timely and transparent manner.

As a result of USDA’s ongoing epidemiological investigation, more information about the history and age of the animal is now available.

The animal in question was 10 years and 7 months old and came from a dairy farm in Tulare County, Calif. The animal was humanely euthanized after it developed lameness and became recumbent. The animal’s carcass will be destroyed.

It is important to reiterate that this animal was never presented for slaughter for human consumption, did not enter food supply channels, and at no time presented any risk to human health.

USDA is continuing its epidemiological investigation and will provide additional information as it is available.

The positive animal was tested as part of targeted BSE surveillance at rendering facilities. Samples were sent to the California Animal Health and Food Safety Laboratory for testing and forwarded to the National Veterinary Services Laboratories (NVSL) on April 20th for confirmatory testing. APHIS announced the confirmed positive finding April 24th.

The United States has a longstanding system of three interlocking safeguards against BSE that protects public and animal health in the United States, the most important of which is the removal of specified risk materials – or the parts of an animal that would contain BSE should an animal have the disease – from all animals presented for slaughter in the United States. The second safeguard is a strong feed ban that protects cattle from the disease. The third safeguard—which led to this detection— is our ongoing BSE surveillance program that allows USDA to detect the disease if it exists at very low levels in the U.S. cattle population and provides assurances to consumers and our international trading partners that the interlocking system of safeguards in place to prevent BSE are working.



USDA’s Chief Veterinary Officer on the Recent BSE Case
By Dr. John Clifford 

On April 24, USDA confirmed the nation’s 4th case of Bovine Spongiform Encephalopathy (BSE) in an animal that was sampled for the disease at a rendering facility in central California.  This animal was never presented for slaughter for human consumption, so at no time presented a risk to the food and milk supply, or to human health in the United States.

We have a longstanding system of interlocking safeguards against BSE that protects public and animal health in the United States.  The most important is the removal of specified risk materials – or the parts of an animal that would contain BSE should an animal have the disease – from all animals presented for slaughter in the United States. USDA inspectors at slaughter facilities also prevent cattle that are nonambulatory or are displaying signs of neurological disease or central nervous system disorders from entering the human food supply.

A strong feed ban protects cattle from the disease.  In 1997, the FDA implemented regulations that prohibit the feeding of most mammalian proteins to ruminants, including cattle.  This feed ban is the most important measure to prevent the transmission of BSE to cattle.

Scientific evidence shows that the safeguards we and many countries around the world have in place against BSE are highly effective.  Last year, only 29 cases of BSE were detected worldwide.  This is a greater than 99 percent reduction in the number of cases since the height of the disease in 1992.

We found this particular case through our ongoing BSE surveillance program.  The surveillance program allows USDA to detect the disease if it exists at very low levels in the U.S. cattle population and provides assurances to consumers and our international trading partners that the interlocking system of safeguards in place to prevent BSE are working.

We test for BSE at levels ten times greater than World Animal Health Organization standards.  We take samples from approximately 40,000 animals each year, focusing on groups where the disease is more likely to be found.  The targeted population for ongoing surveillance includes cattle exhibiting signs of central nervous disorders or signs associated with BSE, nonambulatory animals, and dead cattle. The samples come from locations like farms, veterinary diagnostic laboratories, public health laboratories, slaughter facilities, veterinary clinics, and livestock markets.

In this case, the samples came from a rendering facility in California.  The samples were initially sent to the California Animal Health and Food Safety Laboratory, then on to USDA’s National Veterinary Services Laboratories in Ames, Iowa for further testing.  USDA confirmed the animal was positive for atypical BSE, a very rare form of the disease not generally associated with an animal consuming infected feed.  We are reaching out to international laboratories with more experience with this atypical form of BSE to assist us with our investigation.

Our investigation is ongoing.  But here are a few things that we do know for a fact.  It is perfectly safe to eat beef and drink milk without concern for BSE.

The animal’s carcass was held at the rendering facility and then destroyed.  It was never presented for processing for human consumption.  At no time did it present a risk to the food supply.  And scientific research indicates that BSE cannot be transmitted in cow’s milk, even if the milk comes from a cow with BSE.  The World Health Organization (WHO) has stated that tests on milk from BSE- infected animals have not shown any BSE infectivity. Milk and milk products, are, therefore considered safe.

As our investigation progresses and we learn more, we will provide updates.  You can visit our BSE information center at www.usda.gov/BSE to learn the latest and get more details about BSE in general.