Monday September 14 Crop Progress + Ag News

 NEBRASKA CROP PROGRESS AND CONDITION

For the week ending September 13, 2020, there were 3.3 days suitable for fieldwork, according to the USDA's National Agricultural Statistics Service. Topsoil moisture supplies rated 14% very short, 31% short, 49% adequate, and 6% surplus. Subsoil moisture supplies rated 20% very short, 33% short, 43% adequate, and 4% surplus.

Field Crops Report:
Corn condition rated 5% very poor, 12% poor, 22% fair, 42% good, and 19% excellent. Corn dented was 94%, ahead of 79% last year and 87% for the five-year average. Mature was 48%, well ahead of 16% last year and 27% average. Harvested was 4%, near 1% average.

Soybean condition rated 5% very poor, 10% poor, 21% fair, 47% good, and 17% excellent. Soybeans dropping leaves was 61%, well ahead of 18% last year and 36% average. Harvested was 3%, near 1% average.

Winter wheat planted was 9%, behind 15% last year and 17% average.

Sorghum condition rated 4% very poor, 6% poor, 19% fair, 43% good, and 28% excellent. Sorghum coloring was 84%, ahead of 77% last year, but near 87% average. Mature was 26%, well ahead of 5% last year, and ahead of 17% average. Harvested was 1%.

Dry edible bean condition rated 2% very poor, 4% poor, 10% fair, 63% good, and 21% excellent. Dry edible beans dropping leaves was 75%, well ahead of 52% last year. Harvested was 26%, ahead of 8% last year.

Pasture and Range Report:
Pasture and range conditions rated 14% very poor, 18% poor, 27% fair, 39% good, and 2% excellent.



IOWA CROP PROGRESS & CONDITION REPORT

Most of Iowa had multiple days of much needed rain, which only left just 1.4 days suitable for fieldwork during the week ending September 13, 2020, according to the USDA, National Agricultural Statistics Service. Field activities included harvesting corn for silage, moving old crop grain stocks, and preparing equipment and bins for harvest.

Topsoil moisture condition rated 12% very short, 21% short, 59% adequate and 8% surplus. Subsoil moisture condition rated 20% very short, 31% short, 46% adequate and 3% surplus.

Corn was 90% in or beyond dent stage, over 2 weeks ahead of the previous year and 5 days ahead of the 5-year average. Forty-five percent of the crop has reached maturity, almost 3 weeks ahead of last year and 1 week ahead of average. Corn harvest for grain has begun across much of the State with 1% of the crop harvested. Corn condition rated 42% good to excellent, a drop of 1 percentage point from the previous week.

Soybeans coloring or beyond advanced to 79%. That is over 2 weeks ahead of last year and 1 week ahead of average. Soybeans dropping leaves reached 41% this week, 2 weeks ahead of last year and 6 days ahead of average. Soybean harvest began in some areas with 1% of the crop harvested statewide. Soybean condition rated 48% good to excellent.

Alfalfa hay third cutting was 96% complete, over a month ahead of last year and 18 days ahead of the 5-year average.

Pasture condition improved 5 percentage points this week although still just 17% good to excellent. Pastures are greening up as a result of receiving much needed rain. Cattlemen continued supplemental feeding of hay.



USDA - Corn, Soybean Conditions Fall Again; Corn Harvest Underway

U.S. corn and soybean conditions declined again last week as corn harvest got underway, according to the USDA NASS weekly Crop Progress report released on Monday.

NASS estimated that 60% of the nation's corn crop was in good-to-excellent condition as of Sunday, Sept. 13, down another 1 percentage point from 61% the previous week. The crop's current good-to-excellent rating is still tied for the fifth highest in the past 10 years. The portion of the crop rated very poor to poor rose by 1 point to 15%.

NASS estimated that 89% of corn was dented, 7 percentage points ahead of the average. Corn mature was estimated at 41%, 9 percentage points ahead of the five-year average.

In its first corn harvest report of the season, NASS estimated that 5% of the crop had been harvested as of Sunday, slightly ahead of 3% last year at the same time and equal to the five-year average.

The condition of soybeans also slipped slightly again last week. NASS estimated that 63% of the nation's soybean crop was in good-to-excellent condition as of Sept. 13, down 2 percentage points from the previous week. The crop's current good-to-excellent rating is the fourth highest in 10 years.

Soybeans dropping leaves jumped ahead 17 percentage points last week to reach 37% as of Sunday, 6 percentage points ahead of the five-year average.

Spring wheat harvest continued to make steady progress again last week, moving ahead another 10 percentage points to reach 92% complete as of Sunday, now equal to the five-year average.

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Preparing Grain Bins and Equipment for Harvest
Amy Timmerman – NE Extension Educator

With harvest approaching, it’s time to prepare grain bins and harvesting equipment to help ensure that grain going into storage will remain in good condition. Don't wait until the middle of harvest to discover that a bin foundation is severely cracked, or find even later that insects from grain that was left in the combine last fall have severely infested a bin of new grain. Proper bin and equipment preparation is a key to preserving stored grain quality.

Cleaning and treating grain bins, as well as the surrounding area, can reduce pest and rodent problems in stored grain.

The key to good grain storage is to put the highest quality grain into the bin, or bring it to the proper moisture condition as quickly as possible. Overall quality of stored grain always deteriorates, it is just a matter of how fast. Having a good marketing plan and selling as much as possible before the grain heats up next spring is the best way to have quality stored grain. It is never as good as the day it is put into the bin. Storing the grain longer than next spring requires much more vigilance in management.

Harvesting Equipment
Remove all traces of old grain from combines, truck beds, grain carts, augers, and any other equipment used for harvesting, transporting, and handling grain. Even small amounts of moldy or insect-infested grain left in equipment can contaminate a bin of new grain.

Adjust combines according to the manufacturer's specifications to minimize grain damage and to maximize removal of fines and other foreign material.

Proper cleaning and bin preparation will help assure that grain going into storage will remain in good condition.

Bins and Other System Components
Check the bin site, and remove any items or debris that would interfere with safe, unobstructed movement around the bin. Remove any spilled grain and mow the site to reduce the chances of insect or rodent infestation. If necessary, re-grade the site so that water readily drains away from bin foundations.

Inspect bins and foundations for structural problems. Uneven settlement of foundations can cause gaps between the foundation and bottom edge of the bin. This can result in grain spills and provide entry points for water, insects, and rodents. If perforated floors are used, a gap between the foundation and bin will allow air that would normally be forced through the grain to escape from the bin. Small gaps can usually be filled with a high quality caulking compound. If deterioration is extensive, the mastic seal may need to be replaced. Be sure all anchor bolts are tight and not damaged.

Inspect the bin roof and sides, inside and out, for leaks, loose or sheared bolts, rust or other corrosion, etc. Check the roof vents and access hatch, and caulk any cracks at the roofline. Be sure the access ladder is complete and securely fastened to the bin. Repair or replace any deteriorated components.

Wiring for fans and other electrical components should be inspected for corrosion and cracked, frayed, or broken insulation. Exposed wiring should be run through waterproof, dust-tight conduit. Avoid kinking the conduit, and make sure all connections are secure.

Check fans, heaters, transitions, and ducts for corrosion and damage. Remove any accumulated dust and dirt that will reduce the operating efficiency. Be sure that all connections are tight.

Ensure Bins Are Clean
Remove any old grain with brooms and vacuum cleaners. Never put new grain on top of old. Also, clean bins not being used for storage this year to keep insects from migrating to other bins.

Apply Insecticides
If you think there is any chance you might hold grain in the bin into May or later, it would be prudent to apply residual insecticides to the empty bin after thoroughly cleaning it. You may also apply certain insecticides onto the grain as it is being augered into the bin. A surface application is often recommended to prevent Indian meal moths from infesting the top surface of the grain.

If the bin has a raised drying floor and was known to be infested with grain storage insects last season, consider hiring a professional pest control operator to fumigate the empty bin prior to filling with new grain.



Twenty-four Nebraska Farmers Union Farmers and Ranchers Join Fight for Stronger Food System at NFU's Fly-In

As a result of the COVID-19 pandemic, National Farmers Union’s traditional fall Fly-In has been converted into a virtual event. Twenty-four Nebraskans are registered to participate in the briefings from USDA and Congressional leaders and meetings with state Congressional members. More than 400 farmers, ranchers, and rural residents are gathering online this week to participate with the first ever virtual Fly-In.

“Family farmers and ranchers have been struggling for years with sagging commodity prices, non-competitive livestock markets, price depressing chronic overproduction, global trade that focuses on volume only with no regard for fair value for ag producers, and inadequate access to affordable broadband coverage. When the COVID-19 hit, it made an already difficult situation for family farmers and ranchers worse. Climate change-related disasters in recent years have added to the financial challenges of farmers and ranchers, said Nebraska Farmers Union President John Hansen.  “Like always, since 1909, this Fly-In gives Farmers Union members the opportunity to share their experiences with their members of Congress. No one knows more about the issues facing our farmers and ranchers than the farmers and ranchers themselves.”

Family farmers and ranchers from across the country will champion policies that support pandemic recovery, reduces chronic price depressing overproduction, restores competition to agricultural markets, strengthens rural healthcare, improves access to broadband internet, ensures the success of the U.S. Postal Service (USPS), helps farmers and ranchers implement climate-smart practices, and expands the market for homegrown biofuels.

The 24 participants from Nebraska include Bill Armbrust-Elkhorn; Lynn Belitz-Fullerton; Ben Gotschall-Raymond; Graham Christensen, Laura Priest & Laura Thomas-Omaha; Mary Alice & Richard Corman-Edgar, Al Davis-Hyannis; Keith Dittrich & Rich Johnson-Tilden; Dan Griffith, Matt Gregory, Camdyn Kavan, John Hansen, & Travis Waldron-Lincoln, Julie Hindmarsh-Fremont; Vern Jantzen-Plymouth; Vic Jensen-Tekamah; Jim Knopik-Belgrade; Bill Ripa-Wilber; Andrew Tonnies-North Bend; Art Tanderup-Neligh, and Paul Theobald-Osmond.



Lincoln Premium Poultry adds value to Nebraska grain and creates economic opportunities

“I want to congratulate LPP on their one-year anniversary and on reaching full plant capacity,” said Steve Martin, executive director of the Alliance for the Future of Agriculture in Nebraska. “AFAN has been a strong supporter of the project from day one and is proud to support their growers through the permitting processes and start-up.  The LPP project adds value to Nebraska grain, creates economic activity and opportunities in rural Nebraska”.

The LPP project will use about 350,000 bushels of corn and 3,000 tons of soybean meal every week.  The soybean meal translates to about 126,000 bushels of soybeans.  The average Nebraska farm is about 1,000 acres of land and given average yields, the LPP demand for grain utilizes ALL the grain from almost four Nebraska farms every week.  Creating new markets and using grain in-state adds value to the grains. It helps farmers, and it creates more economic activity and opportunities in rural Nebraska communities.

The LPP project has had many far-reaching impacts.  Adding a livestock component to a farming operation creates an additional economic layer which allows for the possibility to bring a son, daughter, or spouse back to the farm. It is an opportunity to use manure as an organic fertilizer that improves soil health, improves water holding capacity and reduces overall farm expenses.  All of which makes the farm more sustainable and viable for the long run.

“In helping Costco source its Fremont facility, Lincoln Premium Poultry has created great opportunities for family farmers to grow their operations,” said Governor Pete Ricketts.  “Through its excellent work, LPP is making it possible for the next generation of Nebraskans to return home so they can continue to help grow the food that feeds the world.”

By providing additional economic activity, dollars continue to circulate in rural communities longer, which supports other businesses.  These could be farm related businesses, but the benefits also extend toward other goods and services, such as restaurants, coffee shops, clothing stores or boutiques.

Often the focus is to create opportunities that keep farm kids on the farm. However, the additional economic activity creates opportunities for kids that live in small towns to stay and thrive in those rural communities. Strong rural communities are supported by strong farm economics.

In the case of Fremont, not only are they seeing an increase in tax revenue which indicates economic growth, but the demand for housing is also on the rise.  “The Lincoln Premium Poultry project has created a housing boom in Fremont.  The initial housing study showed that if LPP were to land in Fremont we would need 800 housing units in the city and 1,500 county-wide.  At this time, we have about 2,000 units proposed or approved just in the city.  That represents about $350 million in capital investment.  The side benefits of having LPP in Fremont will be a positive influence in our community for a long time”, said Garry Clark, President and CEO of the Greater Fremont Development Council.

“As an organization, AFAN continues to support the recruitment of food processing companies to Nebraska.  We are firm believers in working collaboratively to find opportunities that benefit Nebraska farmers and ranchers as well as Nebraska as a whole,” said Steve Martin.  “This state has so many resources, I feel that we are just scratching the surface of what we are capable of doing.  I want to thank Costco and the LPP team for showing how great this partnership can be and how beneficial it is to them and to the state of Nebraska.”



Grant supports research at K-State to mitigate COVID-19 in meat and poultry processing facilities

A team of Kansas State University researchers is using a $1 million grant from the U.S. Department of Agriculture — and an additional grant from the state of Kansas — to study how to effectively control the spread of SARS-CoV-2, the virus that causes COVID-19, in the nation's meat and poultry processing facilities.

The study "Translating SARS-CoV-2 Research Into Practical Solutions For The Meat And Poultry Processing Industry" seeks to protect meat plant workers and their surrounding communities from the spread of COVID-19. It involves researchers from K-State's College of Veterinary Medicine and College of Agriculture.

As part of the study, $330,000 from the State of Kansas National Bio and Agro-Defense Facility Transition Fund will be used for research in K-State's Biosecurity Research Institute, or BRI, at Pat Roberts Hall. The BRI is a high-containment research facility.

A key objective of the project will be verifying the effectiveness of many of the approved cleaners and sanitizers for inactivating SARS-CoV-2 during plant processing and sanitation operations.

"Nationally and internationally, many facilities that produce meat and poultry products have been temporarily closed because of COVID-19 outbreaks," said A. Sally Davis, an assistant professor of experimental pathology in the College of Veterinary Medicine and project director of the K-State grant. "This has put a major strain on food production, limiting the amount of meat and poultry on grocery store shelves and disrupting food and feed supply chains across the globe. Research is necessary to understand why SARS-CoV-2 is such a problem in meat and poultry processing environments and how we can mitigate the problem."

Davis said infections with SARS-CoV-2 are primarily thought to occur by exposure to infectious micro-droplets in the air and contaminated surfaces.

"We are investigating the conditions within meat and poultry processing environments, such as low temperatures, relative humidity, increased air movement and workers being in close proximity to one another, to help identify areas and surfaces that are at high risk for contamination and spread of infectious SARS-CoV-2," Davis said.

The team will evaluate potential sources of exposure and determine the amount and the longevity of infectious virus that is present during and after meat processing and packaging activities. The team seeks to identify, develop, validate and deliver practical cleaning and disinfection strategies, plus develop mathematical models to predict and reduce the risk of SARS-CoV-2 exposure in meat and poultry processing facilities.

Joining Davis on the research team are food safety faculty from K-State's Food Science Institute, including Randall Phebus, co-project director and professor of animal sciences and industry, and Jeanette Thurston, director of the Food Science Institute and co-investigator on the project. The project also will rely on input from an industry advisory board.

"Our advisory board will be regularly updated on research progress," Thurston said. "We will communicate with them in real time to make sure we are on the right track with our research and recommendations, and ensure that our findings are rapidly deployed across the processing sector."

The industry advisory board is composed of senior-level directors of food safety and plant operations at Hormel Foods, Smithfield Foods, National Beef Packing Company, Cargill Protein North America, JBS USA, Wayne Farms, Jennie-O Turkey Store, Tyson Fresh Meats and Costco Wholesale.

Collaborating with the K-State team are co-project directors from the University of Georgia poultry science department, Harsha Thippareddi and Manpreet Singh, who will provide extensive poultry experience and industry connections and lead the grant's industry outreach efforts. Valentina Trinetta and Sara Gragg, food safety faculty from the Food Science Institute, are co-project directors. Co-investigator Anke Richter, a public health-focused operation research specialist at the Naval Postgraduate School, will lead the risk assessment driven by mathematical modeling. Co-investigators Yunjeong Kim and Erin Schirtzinger in the K-State College of Veterinary Medicine and the Food Science Institute's Daniel Vega round out the project team.



NPPC Hosts Legislative Action Conference; COVID Relief, Foreign Animal Disease Prevention Among Top Issues

A COVID-relief package that includes much-needed assistance to hog farmers in crisis and foreign animal disease prevention top the list of five critical issues at the National Pork Producers Council’s (NPPC) Legislative Action Conference (LAC) this week. Pork producers from across the country are gathering virtually to address these and other issues with lawmakers. Among LAC speakers will be House Agriculture Committee Chairman Collin Peterson (D-Minn.), Rep. Ron Kind (D-Wis.), Rep. David Rouzer (R-N.C.), and USDA’s Animal and Plant Health Inspection Service Chief Veterinary Officer Dr. Burke Healey.

“The considerable economic contributions of a highly competitive, innovative U.S. pork production system, as well as the livelihoods of thousands of hog farmers, are at risk without effective solutions to multiple challenges facing our producers,” said NPPC President Howard “AV” Roth, a hog farmer from Wauzeka, Wis. “U.S. pork producers are already suffering considerable losses due to the impact of the COVID-19 pandemic, and cannot afford another catastrophic blow should African swine fever (ASF) or other foreign animal diseases enter our country.”

Last week, Germany reported its first case of ASF in a wild boar. The swine-only disease continues to spread in parts of Europe and Asia, and the United States needs to remain vigilant to ensure ASF and other animal and plant diseases don’t enter the country.

NPPC is urging Congress to fully fund foreign animal disease prevention programs. U.S. Bureau of Customs and Border Protection agriculture inspections at U.S. ports of entry are funded by Agricultural Quarantine Inspection (AQI) program user fees. Due to the COVID-related economic downturn and significant reductions in travel, collection of these user fees has dropped precipitously.

“Without a prompt resolution, there will be an estimated $630 million shortfall in AQI funding through the end of fiscal year 2021. It is imperative that this funding shortfall be addressed to protect the U.S. swine herd and all of agriculture from foreign animal and plant diseases,” Roth added.

Additionally, NPPC is advocating for a COVID assistance package that includes the following provisions: 1) compensation for euthanized and donated hogs; 2) additional funding for animal health surveillance and laboratories, which have appropriately assisted and shared resources with their public health partners; 3) modification of the Commodity Credit Corporation charter so a pandemic-driven national emergency qualifies for funding; 4) additional funds for direct payments to producers without restriction and; 5) extension of the Paycheck Protection Program with modifications to make it accessible to more producers.

NPPC’s members are also addressing these priorities with lawmakers during this week’s LAC:
    A U.S.-U.K. free trade agreement that eliminates all tariff and non-tariff barriers;
    Moving regulatory oversight of gene editing in animals from the U.S. Food and Drug Administration to the U.S. Department of Agriculture; and
    Timely reauthorization of the Livestock Mandatory Reporting Act, set to expire on Sept. 30.



Ranch Group Files New Lawsuit Against USDA’s Operation of Beef Checkoff Program

On Friday, R-CALF USA, through attorneys at Public Justice, filed a new lawsuit over amendments the U.S. Department of Agriculture made to the operation of the federal Beef Checkoff program in the U.S. District Court for the District of Columbia. The new lawsuit builds on R-CALF USA’s Montana litigation, which challenged the constitutionality of the use of Checkoff funds by private state beef councils to fund speech that is harmful to independent, domestic producers. That litigation is now on appeal to the Ninth Circuit, where R-CALF USA appeals the Montana District Court’s ruling that the U.S. Department of Agriculture had corrected its 35-year violation of the U.S. Constitution by entering memorandums of understanding (MOUs) with the 15 private state beef councils subject to R-CALF USA’s lawsuit.

In its Ninth Circuit appeal, R-CALF USA argues that the government’s MOUs that purport to convert the 15 private state beef councils’ unconstitutional private speech into government speech not subject to First Amendment protections are, themselves, inadequate to cure the constitutional violations in the federal Beef Checkoff program.

The new lawsuit goes further in its challenge to the MOUs, asserting that the government unlawfully amended the legal and regulatory framework within which the state beef councils have been operating in without first initiating a public rulemaking process that affords the public with notice of its proposed amendments and provides the public with an opportunity to provide comments before the amendments are implemented.

At the heart of the group’s initial lawsuit now under appeal is the question of whether the USDA can compel American ranchers to subsidize the private speech of private state beef councils through the national beef checkoff program. When the federal district court signaled to USDA that its beef checkoff program was likely violating the Constitution, the government quickly began entering MOU’s with the 15 private state beef councils, requiring those councils to obtain preapproval from USDA for virtually every word of their promotional activities before the councils can speak.

The lower federal court then determined that the new MOUs rectified the constitutional violation perpetrated by the USDA for decades while the agency was forcing American ranchers to subsidize the private speech of private state beef councils.

However, R-CALF USA, represented by Public Justice, contends that, in entering into the MOUs, USDA violated legal procedure mandated by the Administrative Procedure Act by failing to allow for public comment. This violation has denied R-CALF USA’s members—and ranchers everywhere—their right to weigh in on a federal program they are forced to fund.

Thus, the new lawsuit filed Friday asks the federal district court in Washington, D.C. to declare unlawful the MOUs that the USDA entered into in its effort to avoid a court order providing R-CALF USA the complete relief it sought in its initial lawsuit now under appeal at the Ninth Circuit Court of Appeals.

“The lawsuit filed by R-CALF USA Friday challenges an illegal practice by USDA meant to paper over an unconstitutional one,” said Kellan Smith, an Associate Attorney with the Public Justice Food Project. “We will prove that USDA entered into these MOU’s illegally by skipping a true public input process, which is essential to government transparency. From there, we will go on to stop the Beef Checkoff program from using independent rancher money to fund speech that props up multinational beef corporations. It’s been a long fight for American ranchers who just want the level playing field they’re entitled to by law, and that fight continues with this new suit.”

R-CALF USA CEO Bill Bullard said the lawsuit was filed to prevent the USDA from engaging in unlawful government overreach. “As a federal agency, the USDA is authorized only to carry out federal statutes, and if conditions change and the implanting regulations for the statutes need to be changed, then the agency is obligated to involve the people and entities it regulates in a transparent process. This is an example where the USDA, instead, is attempting to run roughshod over those it regulates,” Bullard said.             



NFU Urges FTC, USDA to Strengthen Meat Labeling Standards

For years, beef and pork that was born, raised, and slaughtered in another country but processed in the United States has legally been labeled as a “Product of the U.S.A.,” a claim that misleads consumers and puts American ranchers at a disadvantage.

National Farmers Union (NFU) has long advocated clear and accurate labeling, for the sake of farmers and consumers alike. As part of those efforts, the organization supports a rule proposed by the Federal Trade Commission (FTC) that would strengthen voluntary U.S. origin claims on labels and penalize those who incorrectly label products. In comments submitted today and in a subsequent statement, NFU President Rob Larew urged the FTC to swiftly finalize the rule and “vigorously enforce it.”

“American consumers want to know where their food comes from – and farmers want to tell them. When mandatory Country-of-Origin Labeling (COOL) was the law of the land, it was easy to determine where meat had been born, raised, and processed, to the benefit of both parties. But since it was unjustifiably reversed five years ago and replaced with these deceptive “Product of the USA” labels, it’s become nearly impossible for consumers to determine the origin of the meat they’re eating or for ranchers to differentiate their products.

“By enforcing existing guidance on U.S. origin claims on labels and penalizing those who mislabel consumer goods, the FTC’s proposed rule would help deter misleading claims on imported meat. We urge FTC to finalize and enforce this rule; FSIS should then follow suit by amending its meat labeling standards to reflect FTC’s recommendation that all or virtually all ingredients in a product must be made and sourced in the United States in order to carry a label that indicates it was ‘Made in the U.S.A.’”



Biodiesel: Better, Cleaner, Now is Booming Across Airwaves

The National Biodiesel Board’s latest national advertising campaign hit airwaves in September with biodiesel and renewable diesel education aimed at key decision makers on the benefits of these advanced fuels.  

“The ad campaign strives to increase consumer acceptance and industry growth through education and promotion,” says NBB Director of Communications Kaleb Little. “Biodiesel is better and cleaner than petroleum diesel – with proven environmental, health, and economic benefits – and it is ready to use now. There are a million reasons to use biodiesel, but we have broken it down to the most basic benefits for this effort."

Supported by the United Soybean Board, U.S. Canola Association, and a dozen Qualified State Soybean Boards, this educational campaign allows NBB to reach key decision makers, and audiences who may be less familiar with the biodiesel and renewable diesel industry. Along with national buys, a major component includes targeted advertising in the Washington D.C., mid-Atlantic, and California markets.

Last year, NBB's advertising campaign saw nearly 345,000 engagements and 13.6 million impressions across various platforms. The 2020 campaign features new ad creative that highlights NBB members and Next Generation Scientist for Biodiesel members.

"I'm excited we are able to highlight a handful of our hardworking members and industry stakeholders as part of the effort this year," Little said. "The unique stories of the individuals within our industry are one of the things that make it great. These are some of the most passionate, innovative, hard working individuals, brought together by a common goal -- bringing better, cleaner fuels to American consumers."

NBB members involved in the national campaign include governing board member and Nebraska farmer, Greg Anderson; President of HERO BX, Chris Peterson; President and CEO of the North American Renderers Association, Nancy Foster; CEO of New Leaf Biofuel, Jennifer Case; President of Newport Biodiesel, Blake Banky; and Next Generation Scientist for Biodiesel Co-Chair, Zenith Tandukar.

You can see the videos used throughout the campaign now on the NBB YouTube page.  Also, to discover more about the campaign, please visit bettercleanernow.com.



EPA Takes Action to Protect Integrity of the Renewable Fuel Standard Program, Support American Farmers
 
Today, the Trump Administration reaffirmed its commitment to support America’s farmers by moving forward to review and adjudicate petitions for small refinery exemptions under the Renewable Fuel Standard (RFS) Program. The U.S. Environmental Protection Agency (EPA) is denying petitions for small refinery exemptions for past compliance years, the so-called “gap-filling” petitions for the 2011-18 compliance years.

“This decision follows President Trump’s promise to promote domestic biofuel production, support our nation’s farmers, and in turn strengthen our energy independence,” said EPA Administrator Andrew Wheeler. “At the EPA, we are delivering on that promise by following the rule-of-law and ensuring 15 billion gallons are blended into the nation’s fuel supply.”

Time and time again, EPA has demonstrated through action its commitment to our nation’s farmers. As promised, EPA is ensuring a net of 15 billion gallons of conventional biofuel are blended into the nation’s fuel supply. EPA renewable fuel volume mandates have continued to rise in EPA’s annual rulemakings, and, with it, renewable transportation fuel use in the U.S. From 2016 to 2019 domestic ethanol production in increased by 2 percent. Additionally, as promised, EPA eliminated a significant barrier to E15 market access, and E15 is now used in 30 states at over 2,000 stations. As a next step, EPA is moving to update E15 labels to ensure consumers have informed choices at the pump and clarify the ability of existing fuel infrastructure to support expanded E15 use. However, much of the responsibility regarding labels falls to state agencies, EPA encourages they update them as well and stands ready to support them. EPA continues to actively engage with stakeholders to expand the number of approved fuel pathways, adding diversity to the biofuel mix in the United States.

Background
The Clean Air Act requires EPA to set annual RFS volumes of biofuels that must be used for transportation fuel for four categories of biofuels: total, advanced, cellulosic, and biomass-based diesel. EPA implements the RFS program in consultation with the U.S. Department of Agriculture, the U.S. Department of Energy, and consistent with the Clean Air Act. EPA’s longstanding interpretation of the Clean Air Act allows for the granting of a petition for exemption from blending requirements under the RFS program for the reason of demonstrated, disproportionate economic hardship.



Nebraska Farm Bureau Thanks the Trump Administration for Siding with Farmers over Refiners in Biofuel Waiver Decision

Nebraska Farm Bureau (NEFB) is pleased that the Trump administration has instructed the Environmental Protection Agency (EPA) to deny dozens of oil refiner requests for retroactive waivers from U.S. biofuel laws. The decision comes as NEFB has consistently opposed EPA’s attempts to circumvent Congress and its intent by granting Renewable Fuels Standard (RFS) waivers over the past few years. In July, Nebraska Farm Bureau sent a letter asking the EPA to deny the waivers.

“Today’s announcement by EPA Administrator Andrew Wheeler is welcomed news for Nebraska’s farmers and ethanol producers. The denial of these “gap waivers,” solidly affirms that EPA is committed to following congressional intent, judicial precedent, as well as EPA’s own rules and procedures, when it comes to the RFS,” Nebraska Farm Bureau President Steve Nelson said.

The Trump administration will also allow states to permit fuel retailers to use their current pumps to sell gasoline with higher blends of ethanol, or E-15, a move that could help lift ethanol sales.

“Today’s announcement also comes on the heels of President Trumps statement that EPA would allow the use of E-10 pumps to distribute E-15. While we wait for the complete details of this decision, we remain optimistic for the future of the ethanol industry, which has suffered significant economic hardship due to the COVID-19 pandemic,” Nelson said.

NEFB remains committed to working with the Trump administration to create a long and healthy future for Nebraska agriculture and biofuels industries.



 Fischer Statement on Trump Administration’s Rejection of “Gap” Year SREs

U.S. Senator Deb Fischer (R-Neb.), a member of the Senate Agriculture Committee, released the following statement after EPA Administrator Wheeler announced that the Trump Administration will reject 54 “gap” small refinery exemptions:

“President Trump and the administration made the right decision in rejecting these 54 ‘gap’ small refinery exemptions. Farmers and ethanol producers across the Heartland now have more certainty because of this important decision. In a tough year for biofuels producers, it’s encouraging to see this commitment to rural America.”



Smith Applauds President’s Decisive Commitment to Biofuels

Congressman Adrian Smith (R-NE) released the following statement after the U.S. Environmental Protection Agency (EPA) denied 54 Small Refinery Exemption (SRE) petitions for past compliance years. Earlier this year, the 10th Circuit Court ruled SREs must be issued continuously under the Renewable Fuel Standard.

“Today’s decision by Administrator Wheeler is a landslide victory for Nebraska agriculture producers and for consumers around the nation. In a year marked by uncertainty, I thank the President for his leadership in providing opportunity for the biofuels industry to meet its full potential. I look forward to working with the administration on sound energy policy which benefits our hard-working farmers and producers.”

Smith, a champion of the biofuels industry and a member of the Biofuels Caucus, has led the charge for pro-ethanol policies. In July, Smith joined Biofuels Caucus colleagues in writing to President Trump asking Trump reject these SREs in accordance with the law.



ICGA Scores a Win as EPA Denies Dozens of Gap-Year Ethanol Waivers

Today, the Environmental Protection Agency (EPA) denied a majority of the “gap-year" small refinery exemptions (SRE) from 2011-2018 compliance years under the Renewable Fuels Standard (RFS). Iowa Corn Growers Association (ICGA) President Carl Jardon made the following statement.

“ICGA has repeatedly pushed the Administration to deny these gap-year waivers for months, and we are glad the EPA is supporting President Trump’s commitment to Iowa farmers and has taken steps to uphold the integrity of the RFS by denying the vast majority of the refinery petitions. For the RFS to be upheld entirely, the EPA should apply the Tenth Circuit Court decisions on SREs nationwide and similarly deny the remaining gap-year waivers. When it is upheld, the RFS is one of America’s most successful energy policies, requiring environmentally friendly, renewable biofuels be blended into our nation’s fuel supply. By having the gap-waivers denied and looking to deny future waivers, this helps secure the RFS for the future and allows some certainty for Iowa’s corn farmers in a year that has had little rewards.”

ICGA thanks the corn farmers that contacted their elected officials in efforts to get the waivers denied.  ICGA will continue to work on behalf of corn farmers to ensure the RFS is upheld and to restore certainty in the marketplace for Iowa’s corn farmers.



NCGA: Denial of Gap-Year Waiver Petitions Positive, Pending Current-Year Waivers Yet to be Addressed

The National Corn Growers Association (NCGA) today welcomed the Environmental Protection Agency’s (EPA) denial of 54 of 68 pending past-year (2011-2018) small refinery exemptions (SREs), or waivers, to oil refiners. However, 14 gap-year waivers remain under required review at the Department of Energy (DOE). The EPA also has 31 waivers under consideration for 2019 and 2020 Renewable Fuel Standard (RFS) compliance years.

“Asking for waivers for nearly ten years ago was a new low by the oil industry to undermine the RFS and rewrite history. Denying these petitions was the obvious answer and farmers are pleased to begin to move past this distraction. We thank our bipartisan supporters in Congress, including Senator Ernst, for their advocacy in upholding the RFS.

“While denial of these past-year waivers is obviously positive news for farmers and biofuel producers, we’re never going to have the certainty we need until the underlying waiver issue is fully resolved.

“Nearly a year ago, the President directed the EPA to follow the letter of the law and keep the RFS whole and, in January, the Tenth Circuit ruled the EPA exceeded its authority in granting waivers. The Administration has yet to apply this decision to current waiver requests while corn farmers suffer suppressed markets and ethanol plants continue to have idled capacity.

“The solution is simple; the EPA needs to uphold the law, adhere to the Tenth Circuit decision, and follow through on the President’s commitment to farmers. Corn growers stand ready to work with the Administration to uphold the RFS and continue to remove barriers to higher ethanol blends.”



Farmers Union Welcomes Rejection of Gap Year Waiver Requests

After significant pushback from American farmers and the biofuels industry, the U.S. Environment Protection Agency (EPA) today announced that it would reject 68 requests for retroactive small refinery exemptions (SREs) under the Renewable Fuel Standard (RFS). The decision comes nearly nine months after a Tenth Circuit Court decision that struck down three exemptions that were not extensions of previously existing exemptions.

National Farmers Union (NFU), which was one of four petitioners in the Tenth Circuit Court case, has consistently voiced opposition to the abuse of SREs, most recently urging EPA and the Trump administration to reject these so-called “gap year” requests. In a statement, NFU President Rob Larew celebrated the decision and urged the administration to follow up by releasing the overdue Renewable Volume Obligations (RVOs) for 2021.

“The fact that EPA has decided not to entertain the unreasonable whims of oil corporations is certainly welcome news for the family farmers and rural Americans whose livelihoods depend on a strong biofuels sector. However, this announcement should have been made many months ago, just after the Tenth Circuit Court Decision. By waiting so long to come to this obvious conclusion, EPA bruised an industry that’s already experiencing reduced demand due to deliberate efforts to undermine the Renewable Fuel Standard and the coronavirus pandemic.

“While today’s decision will offer some much-needed security and relief for family farmers, they are still enduring a great deal of uncertainty and financial pressure. EPA should take additional steps to address these concerns, starting with releasing next year’s RVOS.”



Trump’s Denial of “Gap Year” RFS Refinery Exemption Requests is Great News for Biofuels Producers, Farmers, and RFS Integrity

Today the EPA announced it was denying so-called “gap year” RFS refinery exemption requests for compliance years 2011 through 2018. These requests were a transparent attempt by some oil refiners to “end run” a recent decision by the 10th Circuit Court that limited EPA’s ability to grant RFS exemptions once a refinery has completed its transition to full RFS compliance.

In response, Iowa Renewable Fuels Association Executive Director Monte Shaw made the following statement:

“This is outstanding news for biofuels producers, farmers, and RFS integrity. Today’s action by the Trump EPA short circuits a blatant attempt by some oil refiners to skirt the RFS law. With gap year waivers denied, the number of refiners eligible to even apply for – let alone receive – an RFS exemption going forward is reduced to single digits. As long as the Trump EPA applies the recent 10th Circuit Court ruling nationwide, a ruling they have officially accepted by default given their decision not to appeal it to the Supreme Court, the long RFS refinery exemption nightmare should be over.

“By this action, 2019 will be the first compliance year when the RFS was actually enforced at statutory levels, including 15 billion gallons of conventional biofuels like ethanol. We are grateful for President Trump taking this action after hearing from farmers and our elected champions. A special debt of gratitude is owed to Sen. Joni Ernst who publicly pressed this very issue with President Trump during his trip to Iowa on Aug. 18. Assuming the 10th Circuit Court directives for the remaining RFS exemption requests are followed, President Trump is on track to uphold his promise to Iowa voters to protect the RFS.”

Background
One of the key findings of the 10th Circuit Court was that the RFS law clearly created a refinery exemption process designed to allow for a transition to compliance with the RFS. Exemptions are not an on-gain, off-again switch. In other words, after the initial automatic exemption for “small” refiners provided by the RFS law ended, the “small” refinery could request an extension of the exemption based on demonstrating economic harm. But once a refiner no longer had an exemption, they are not eligible to request an extension because there is nothing to extend. They have completed their transition to the RFS.

That is important because the “gap year” requests were an attempt to end run the Court decision, to reestablish a continuous line of exemption extensions, thereby making the refineries eligible to ask for additional exemptions in future years. The petroleum industry itself has said that there are likely only 2-3 truly small refineries that still have a continuous line of exemption extensions.

While more than 30 exemption requests from 2019 and 2020 have still not been adjudicated, under the 10th Circuit Court ruling (that the Trump Administration just chose NOT to appeal) all but 2-3 are ineligible for consideration and should ultimately be denied.



NBB Applauds President's Decision to Reject "Gap" SRE Petitions

The National Biodiesel Board today applauded President Trump's and EPA Administrator Andrew Wheeler's decision to deny 54 of the 68 pending "gap" small refinery exemption petitions. This much-appreciated action will restore integrity to the Renewable Fuel Standard and provide much-needed certainty for America's biodiesel producers and soybean farmers.

Kurt Kovarik, NBB's VP of Federal Affairs, states, "On behalf of U.S biodiesel producers across the country, we welcome President Trump's and Administrator Wheeler's decision to deny many of the so-called gap-filling exemption petitions. The decision to deny these absurd petitions filed by refiners simply to skirt their obligations under the law is the right call. I am hopeful EPA will continue to apply this standard to the remaining gap exemptions and to future petitions. We look forward to working with the administration to restore growth in the biodiesel and renewable diesel industry and ensure that RFS volumes for biomass-based diesel are met.

"I would especially like to express the industry’s gratitude to Congressional leaders such as Sens. Joni Ernst (R-IA) and Chuck Grassley (R-IA), as well as to Iowa Governor Kim Reynolds and many others who have effectively made the case for a lawful resolution of these gap exemption petitions."



Growth Energy Welcomes EPA Rejection of ‘Gap-Year’ Exemptions

Growth Energy today welcomed the Environmental Protection Agency’s (EPA) decision to reject so-called ‘gap-year’ exemptions from the nation’s biofuel laws. In total, the agency had received 68 retroactive exemption requests from petroleum refiners seeking to skirt obligations under the Renewable Fuel Standard (RFS) and today’s move denies the majority of pending requests.

“Today’s action lifts a cloud of uncertainty that has been hanging over America’s farmers and biofuel producers since June,” said Growth Energy CEO Emily Skor. “We’re grateful to farm state champions like Senator Ernst, who has led a bipartisan coalition of lawmakers in the House and Senate and governors across the heartland in speaking out against oil-backed efforts to dodge the law, circumvent the courts, and upend markets.

“Growth Energy looks forward to continuing our work with the White House and leaders in Congress to ensure that we restore integrity to our nation’s biofuel targets and that rural communities have the support they need to revitalize growth in the months ahead.”



 ACE Welcomes EPA Denying RFS ‘Gap-Filling Petitions,’ Urges Application of Tenth Circuit Decision Nationwide

Today, the U.S. Environmental Protection Agency (EPA) announced the Agency is denying the retroactive small refinery exemption (SRE) petitions or so-called ‘gap-filling petitions’ for compliance years 2011 through 2018 under the Renewable Fuel Standard (RFS). The American Coalition for Ethanol (ACE) and industry partners have called on EPA to reject the ‘gap-year’ waivers ever since the requests were confirmed. ACE CEO Brian Jennings released the following reaction statement:

“We are pleased EPA is heeding the industry’s calls and President’s directive to reject the gap-year petitions. As EPA notes in the letter they issued today, these refineries did not demonstrate disproportionate economic hardship from compliance with the RFS. Simply put, these retroactive waivers ignored the RFS statute and the Tenth Circuit Court decision, so rejection of the gap-year requests is what the law and court precedent required of EPA.

“The next logical step is for EPA to once and for all nationally apply the precedent set by the Tenth Circuit Court, which likely means denying most of the pending refinery waivers for 2019 and 2020.

“We also expect more details regarding the President’s E15 tweet on Saturday and plans around EPA’s intentions to ‘update E15 labels to ensure consumers have informed choices at the pump and clarify the ability of existing fuel infrastructure to support expanded E15 use.’”



RFA Pleased with EPA’s Official Denial of ‘Gap Year’ Waiver Petitions

The Renewable Fuels Association today welcomed the official denial by the U.S. Environmental Protection Agency of 54 “gap-year” small refinery exemption petitions and thanked President Trump for taking an active role in helping to restore integrity to the Renewable Fuel Standard (RFS). In announcing its decision, EPA acknowledged that it would be completely inappropriate to grant a waiver to a refinery for a compliance obligation from many years ago, especially when the refinery had already fully complied with the obligation.

EPA also cited the Tenth Circuit Court’s decision from January as an important consideration in rejecting the waiver petitions. Importantly, EPA is applying these petition denials nationally. RFA led the litigation in the Tenth Circuit, while the National Corn Growers Association, National Farmers Union, and American Coalition for Ethanol were co-petitioners. Responding to today’s EPA announcement, RFA President and CEO Geoff Cooper offered the following statement:

“We are pleased to see EPA is officially denying 54 so-called ‘gap-year’ small refinery exemption petitions, and we look forward to EPA similarly denying the remaining 14 petitions once they are received from DOE. Rejecting the petitions is simply the right thing to do, and today’s decision marks a big step forward toward fully restoring integrity to the Renewable Fuel Standard. This should serve as the final nail in the coffin of these gap-year petitions, and we are eager to put this dark and sordid chapter in the history of the RFS behind us once and for all.

“The petitions were never anything more than an absurd and bizarre attempt by the refineries to circumvent the Tenth Circuit Court’s decision in the Renewable Fuels Association v. EPA case. We wholeheartedly agree with EPA’s conclusion that ‘these small refineries did not demonstrate then or now that they experienced a disproportionate economic hardship from compliance with the RFS,’ as such a demonstration would be impossible for these refineries to make. EPA is correct that these refineries ‘do not warrant an exemption’ and we are pleased to see Administrator Wheeler acknowledge that Congress did not intend to exempt small refineries ‘that already successfully complied with their RFS obligations.’

“We sincerely thank President Trump for stepping in to prevent the oil industry from running roughshod over the RFS and ensuring that blending requirements are not further eroded by unwarranted exemptions. We also extend our heartfelt gratitude to the many members of Congress who led the fight against these illegitimate waivers. We thank them for their dedication to protecting and defending the RFS against baseless attacks.”



Joint Statement On Brazil Ethanol TRQ Announcement

After expiring on August 31 and a 20 percent tariff was temporarily applied to all U.S. ethanol, Brazil’s tariff rate quota (TRQ) has been extended for a further 90 days starting on Sept. 14. The following is a joint statement from Emily Skor, CEO, Growth Energy; Ryan LeGrand, President and CEO, U.S. Grains Council; Jon Doggett, CEO of the National Corn Growers Association; and Geoff Cooper, President and CEO, Renewable Fuels Association:

“The U.S. Grains Council, Growth Energy, the Renewable Fuels Association and the National Corn Growers Association believe the 90-day extension of the TRQ serves neither Brazil’s consumers nor the Brazilian government’s own decarbonization goals, especially while Brazil’s ethanol producers continue to be afforded virtually tariff-free access to the U.S. market. The extension falls during Brazil’s annual inter-harvest period when U.S. ethanol exports to Brazil are traditionally low, causing greater uncertainty for U.S. exporters looking to make selling decisions now for the traditionally higher Brazilian demand in the winter months. While the Brazilian ethanol market has not been fully reopened to imports, we appreciate the continued support and efforts of the U.S. government as we use this 90-day period to aggressively pursue an open and mutually beneficial ethanol trading relationship with Brazil.

“The U.S. ethanol industry actively sought, through repeated dialogue with local industry and government, to illustrate the negative impacts of tariffs on Brazilian consumers and the Brazilian government’s own decarbonization goals. However, it seems Brazil’s government has left its own consumers to pay the price through higher fuel costs once again. While we would have preferred Brazil abandon its ethanol import tariffs entirely and resume its free trade posture on ethanol, which it held for several years before the TRQ, we view its decision to temporarily extend the TRQ on ethanol at the current level as an opportunity to continue discussions toward that end.

“The U.S. ethanol industry remains focused on expanding the global use of low-carbon ethanol, reducing barriers to trade and elevating its prominence in energy discussions. We remain eager to collaborate and cooperate with other nations that share in the vision of a free and open global ethanol market.”



 ACE Statement on Brazil’s Extension of TRQ on US Ethanol

The U.S. and Brazil announced late Friday they’re reinstating for 90 days starting today, September 14, the tariff rate quota (TRQ) on Brazilian imports of U.S. ethanol, which expired August 31 and allowed nearly 200 million gallons of U.S. ethanol to be imported tariff free. American Coalition for Ethanol (ACE) CEO Brian Jennings issued the following reaction:

“While an extension is better than the flat 20 percent tariff on all U.S. exports, this merely kicks the can down the road past the election and can be added to the list of piling uncertainties facing our industry. We have been trying to restore demand at home and around the world and in a year like 2020, finding growth opportunities are of the utmost importance.

“Prior to the imposition of the TRQ, Brazil was the largest export destination for U.S. ethanol producers. Our countries maintained a reciprocal policy of applying minimum or zero duties on ethanol imports for nearly a decade and we hope Brazil will put an end to its protectionist trade policies toward our U.S. ethanol industry. The TRQ unnecessarily limits our export potential and we hope further negotiations will ultimately make it easier for producers to pursue free and fair trade for ethanol in the future.”

 

FTC to Pick Up USDA’s Country of Origin Meat Labeling Slack

Today, Family Farm Action Alliance submitted public comments on the proposed Federal Trade Commission (FTC) rule that sets out standards for product labels using “Made in the U.S.A.” (MUSA) or equivalent claims. The Commission’s proposal would codify their current MUSA Labeling Rule, and enforce a civil penalty to those that make intentionally fraudulent MUSA label claims. This rulemaking is imperative to deter deceptive claims currently made in meat and meat product labeling in an already complex food labeling landscape.

“With the loss of Country of Origin Labeling for beef and pork meat and meat products by the Congress in 2015 and USDA Secretary Perdue’s continued allowance of imported meat products to be re-wrapped and marked as “Product of U.S.A.,” it is time somebody in Washington D.C. stood up for independent farmers and ranchers. We see this FTC proposed rule as an opportunity to do just that, as 15 USC § 45a grants FTC specific authority to establish rules governing ‘Made in the U.S.A.’ label claims. We are simply asking the FTC to utilize fully its congressional grant of authority,” stated Joe Maxwell, President and CEO of Family Farm Action Alliance.

Family Farm Action Alliance supports FTC’s ingredient origin standard’s language of “all or virtually all” contained in the proposed rule for non-meat products. However, we strongly request FTC takes the next step, and require the entirety of any meat or meat product under a MUSA label be 100% U.S. “born, raised, and harvested,” not just “sourced.” As written now, the proposed rule could allow a beef or pork animal born and raised outside of the U.S., and then imported and harvested in the US, in compliance with the “sourced” standard and the MUSA label. Without the language change, it would be no better than USDA’s known meat country of origin loophole, and must be addressed in the upcoming rulemaking.

Family Farm Action Alliance commends the FTC’s efforts to clarify MUSA label claims. We look forward to working toward a rule that supports independent farmers and ranchers – something that is long overdue from USDA’s FSIS.



OCM Submits Comments on FTC “Made in the USA” Rule

Today, the Lincoln, Nebraska-based Organization for Competitive Markets (OCM) submitted public comments on a proposed rule that the Federal Trade Commission (FTC) would use to strengthen its enforcement program and help businesses understand and comply with Made in the USA (MUSA) labeling law. The proposed rule would set clear standards on what would constitute unqualified MUSA claims, and would authorize the FTC to assess penalties against businesses making unlawful MUSA claims on product labels.

The FTC’s request for comment on the proposed rule invited comments that would identify any inconsistencies in the rule that would conflict with current state or federal country of origin labeling (COOL) requirements.

In its comments, OCM outlined several inconsistencies between the FTC’s criteria and federal COOL law regarding imported meat. One of these inconsistencies is that some types of imported meat such as beef and pork are not included in the definition of products subject to COOL laws, while other types of meat such as lamb, goat, and chicken are required to be labeled. Another inconsistency identified by OCM is that, while processed foods are typically exempt by current COOL law, whole muscle cut meat and ground meat are not processed foods and should be subject to COOL requirements.

“The criteria set forth by the FTC’s proposed ‘Made in the USA’ labeling rule are straightforward, common sense standards that we feel are adequate to address the issues facing producers and consumers alike who deserve truth and transparency in the marketplace,” OCM stated in its comments. “The criteria in the NPRM should be enforced, with penalties for violations sufficient to discourage infractions.  Only with consistent country of origin labeling standards across all sectors will any ‘Made in the USA’ claim be effective in establishing fair trade, producer protection, and consumer confidence,” OCM concluded.



Ranch Group Asks FTC for Assistance to Correct USDA’s Unlawful Beef Labeling Regime

In comments filed today with the Federal Trade Commission (FTC), R-CALF USA asks the FTC to provide any assistance possible to correct the substantive conflicts between existing federal law and the U.S. Department of Agriculture’s (USDA’s) past, present and future meat labeling schemes.

In its comments, the ranch group alleges the USDA has long been violating the Tariff Act of 1930 that requires imported beef to retain its foreign country of origin label all the way to the ultimate consumer, unless the beef or beef product is subjected to substantial transformation. However, the USDA only requires only minimal processing, such as repackaging the product, for the importer to remove the foreign label and replace it with a “Product of USA” label.

The group further alleges the USDA’s meat labeling policy is in direct conflict with the current mandatory country of origin labeling (mCOOL) law that continues to apply to lamb, chicken and other food commodities. The comments state that while USDA’s policy allows foreign lamb to bear a USA label when it too is subjected to only minimal processing, the mCOOL law expressly states that lamb cannot bear a United States designation unless it is from an animal that is exclusively born, raised, and slaughtered in the United States.

The comments informs the FTC that the USDA, which is supposed to work to strengthen America’s family farm and ranch system of agriculture, instead consistently kowtows to a very small group of powerful players within the industry to assist them in deceptively labeling their foreign products in a manner that harms the vast majority of American cattle farmers and ranchers.

The group states the USDA is misleading the public by claiming the North American beef supply chain is highly integrated and that United States beef packers are dependent on importing large numbers of cattle from Canada and Mexico in the agency’s defense of a beef labeling scheme that ignores the country of origin of cattle.

Instead, the group says that imported cattle make up less than 6% of the cattle slaughtered in the United States, indicating that the USDA is catering to only a handful of multinational beef packers and a minority of U.S. cattle backgrounders and stockers and feedlots whose business plans include bypassing American cattle farmers and ranchers to, instead, purchase imported cattle with which to maximize their profit margins at the expense of American ranchers.

R-CALF USA CEO Bill Bullard said that American ranchers have received no help from Congress or the USDA in correcting the USDA’s deceptive beef labeling regime. “We’re hopeful that the independent Federal Trade Commission can step in and help America’s independent ranchers.”



Hundreds of Farmers and Ranchers Fight for Stronger Food System at NFU's Fly-In

As a global pandemic and extreme weather events batter an already weak agricultural economy, more than 400 farmers, ranchers, and rural residents are gathering online this week to speak directly with their elected representatives and administration officials as part of National Farmers Union’s (NFU) fall legislative fly-in.

“Between low commodity prices, corporate control of the food industry, chronic overproduction, global trade disputes, underfunded infrastructure, and inadequate access to broadband internet, family farmers and rural communities have had a tough go of it for the last several years. Now, the coronavirus pandemic and climate change-related disasters have made many of those problems worse while also creating new ones,” said NFU President Rob Larew. “But Farmers Union members won’t just be highlighting the challenges they’re confronting; they’re also proposing sensible legislative solutions to build a better, more equitable, and more resilient food system for everyone.”

Advocates from across the country will campaign for policies that support pandemic recovery, reduce chronic overproduction, restore competition to agricultural markets, strengthen rural healthcare, improve access to broadband internet, ensure the success of the U.S. Postal Service (USPS), help farmers and ranchers implement climate-smart practices, and expand the market for homegrown biofuels. The NFU Fly-In Talking Points can be found here.

Fly-in participants will be building on National Farmers Union’s long history of grassroots advocacy; since 1909, the organization’s members have traveled to Washington, D.C., to speak with their lawmakers about the issues that matter most to them. In a first, this year’s event will be held completely online in order to ensure the health and wellbeing of attendees.

“There’s nothing I look forward to more than seeing Farmers Union members every year at fly-in,” Larew noted. “We will really miss having everyone here in person, but thanks to modern technology, they will still have this crucial opportunity to shape stronger agricultural policy from the ground up.”

The week-long event begins today with a U.S. Department of Agriculture (USDA) briefing featuring Secretary of Agriculture Sonny Perdue and Deputy Under Secretary for Rural Development Bette Brand. The fly-in will continue tomorrow with a Congressional briefing with Speaker of the House of Representatives Nancy Pelosi, Chairman of the House Committee on Agriculture Collin Peterson, Senator Debbie Stabenow, Senator Jon Tester, and Representative Frank Lucas. Throughout the rest of the week, participants will join small-group meetings with congressional offices, a panel discussion on USPS, and a virtual social gathering.