President Obama signed the Food Safety Modernization Act today, after a long bout of legislative wrangling by local food advocates, small farmers and their allies for food safety rules that protect consumers without curbing the growing movement toward fresh, local and regional food.  The food safety bill passed by the House in July of 2009 would have imposed a one size fits all regulatory system biased toward  industrial agriculture with a regressive registration fee, expensive food safety plans, and regular on-farm FDA inspections regardless of the degree of the potential risk for food borne illness.  The new regulatory burdens threatened to erect formidable barriers to the developing local and regional markets for many small and moderate sized farms.

In the past two years, small farm advocates worked to win small and mid-size farm amendments to the legislation.  One organization that was key to the efforts was the National Sustainable Agriculture Coalition.

The  amendments incorporated into the Food Safety Modernization Act and signed today by the President include:

• An amendment, sponsored by Senator Sanders (I-VT), giving FDA the authority to either exempt farms engaged in low or no risk processing or co-mingling activities from new regulatory requirements or to modify particular regulatory requirements for such farming operations.
• An amendment, sponsored by Senator Bennet (D-CO), to reduce unnecessary paperwork and excess regulation required under the preventative control plan and the produce standards sections of the bill, including instructions to FDA to minimize the number of different standards that apply to separate foods, to make requirements scale appropriate, and to prohibit FDA from requiring farms and other food facilities to hire outside consultants to write food safety plans.
• An amendment, sponsored by Senator Debbie Stabenow (D-MI), to provide for a USDA-administered competitive grants program for food safety training for farmers, small processors and wholesalers, with a priority on small and mid-scale farms.
• An amendment,  sponsored by Senator Barbara Boxer (D-CA), to strip the bill of wildlife-threatening enforcement against “animal encroachment” of farms and require FDA to apply sound science to any requirements that might impact wildlife and wildlife habitat.
• An amendment, sponsored by Senator Sherrod Brown (D-OH), to exempt farmers from extensive and expensive traceability and recordkeeping requirements if they sell food directly to consumers or to grocery stores, to allow labeling that preserves the identity of the farm through to the consumer to satisfy traceability requirements, and to in most cases limit farm recordkeeping to the first point of sale when the product leaves the farm.
• An amendment, sponsored by Senators Jon Tester (D-MT) and Kay Hagan (D-NC),to provide a size appropriate and less costly alternative to preventative control plans and produce standards for farmers who:
  • Direct market more than 50% of their products directly to consumers, stores or restaurants,
  • Have gross sales (direct and non-direct combined) of less than $500,000,
  • Sell to consumers, stores, or restaurants that are in-state or within 275 miles, and
  • Provide their customers with their name, address and contact information.

The NASC will now engage the Administration over the details of how they implement the important provisions we all fought so hard to secure.  Please help them to do this work and to respond quickly to other threats and opportunities for sustainable agriculture by making a tax deductible donation to NSAC today.

The food safety bill hit a roadblock after passing the Senate in late November because a provision requiring the collection of user fees violated the Constitutional mandate that all revenue-generating measures must originate in the House.  House leaders then attached the bill as an amendment to two separate spending bills, neither of which were able to gain Republican support in the Senate.

Senate Majority Leader Harry Reid (D-NV) circumvented the original technical mistake by attaching the bill to a House-originated measure (HR 2751) authorizing a cash-for-clunkers program – a “shell bill” with bipartisan support.  Senator Tom Coburn (R-OK), who had threatened to filibuster S.510 in November, dropped his objection at the last minute, allowing the food safety bill to pass unanimously.  The Washington Post reported this morning that Coburn staffer John Hart did not know why the Senator relented.

Text of the Bill: HR2751

President Obama is expected to sign the bill before Christmas.

Action Alert – Local and Regional Food at Risk

Update on Federal Food Safety Bill S.510

Read: Senate Food Safety Bill Moves Ahead.

The Economic and Community Development Institute has been helping entrepreneurs in Columbus to start up and grow their businesses for the past five years. ECDI is now currently rolling out a new program to provide a wider range of development assistance. Their new Growing Entrepreneurs Initiative is launching with a focus on food-related industries and provides assistance to folks looking to take their kitchen ideas and turn them into a full time business.

Columbusunderground.com interviews Bob Leighty and Amy Szabo recently to talk about ECDI’s new “Kitchen Incubator” program and what it can mean both for entrepreneurs as well as the community as a whole.

http://www.columbusunderground.com/ecdi-launches-kitchen-incubator-program

The new rules are available in (pdf document) at the ODA web site: New Cottage Food Rules.

The current food saftey rules ORC 3715 can be found here.

Read the draft bill. We will comment on this bill after analysis.

What our farm needs is a cannery that will do meat, broth, soups, and other meat-based products. We’ve made inquiries to ACENet and the ODA–even looked into starting our own facility–and all we heard was “You have to have a big industrial cannery to do meats.” After more than a year of searching, we finally found Keystone Meats in Lima, Ohio. They charge $1.35 per 28 oz. can, and the minimum amount they’ll process is 2000 lbs. of boneless meat.

They don’t slaughter the animals, though. You still need to have that done at an inspected facility somewhere else. Otherwise, the cans will be marked “not for resale.” That means I’d have to take my broilers to King & Sons (presently the only state-inspected custom poultry processor in the state) to have the birds processed first. The trouble with that is that they’re only equipped to do 800 birds a day. Conservatively estimating two pounds of boneless meat per bird, that means you’d need a minimum of 1000 chickens to get enough meat for Keystone to let you in the door. And King’s doesn’t slaughter every day. It’s just one or two days a week, never consecutive days, so I it wouldn’t even be possible to have them do 1000 birds at once. You’d have to drop off 800, store them frozen somewhere, then do another 200 on a different day.

Let’s say this was workable, though. By the time I pay around a thousand dollars for a thousand chicks, and buy feed for them at $11.35 per 50 lb. bag, then pay for fuel to haul them two hours to King’s, pay them to slaughter and de-bone, and pay Keystone $1.35 a can for 2000 pounds worth of 28 oz. cans, I’ve got over $11,000 tied up in cans of meat that I have to sell for something like $9.60 a can just to break even. If I sold it for $11 a can (too low? How much will someone realistically pay for a can of non-organic chicken?), I’d make about $1,500 profit. That’s not accounting for marketing costs, fixed assets, etc. Presently, I can make more than that on 300 birds I sell at the farmers’ markets, and I don’t have to raise them a thousand at a time or take out a loan of $11,000 for operating expenses.

And Keystone won’t do broth. That’s principally what I’m looking for. After my customers make a rush on the chicken breasts and buy about half the leg quarters, I’m left with a bunch of wings, backs, and the other half of the leg quarters. I’d like to cook these down into broth or soup to try to recapture some value, but try collecting 2000 lbs. of those pieces! I have a big pressure canner, but the state won’t let me sell broth or stock canned in it.

If some well-funded entrepreneur were to open a cannery that could do small, custom batches of soups, broths, canned meats, etc., affordably, it would be a fantastic opportunity for small farmers to sell value-added products. We have no shortage of Ohio produced jams and salsas, but there are no small farmers in Ohio doing direct sales of hot dog sauce or chicken noodle soup made from their own meat. And if a cannery is licensed and outfitted to handle meats, they could do other low-acid foods, too. That throws the door wide open to all kinds of canned vegetables. We could fill the grocery stores with locally produced, identity preserved goods, if only someone would package them for us.

Best of luck, though, to Mr. Leard and anyone who gets in on this new fruit cannery co-op.

Wayne Shingler
Frijolito Farm
Columbus, OH

———- Forwarded message ———-
From: Renee Hunt
To: oeffaco_oeffadirect@oeffa.org
Date: Wed, 20 May 2009 09:18:49 -0400
Subject: [oeffadirect] [Fwd: Fwd: co-op cannery]
Anyone interested in forming a cooperative cannery, read on… This was originally sent and distributed to the OEFFA Athens Chapter. Best, Renee

*From: *”Ray Leard” <rayleard@purelyamerican.com >
*Date: *May 17, 2009 11:03:01 AM PDT
*To: *<perkaber@juno.com >
*Subject: **co-op cannery*

Hi!

I own Purely American, a specialty food manufacturing concern located in the Poston Station Road Industrial Park – www.purelyamerican.com . I am trying to determine the interest among the region s’ farmers for the creation of a cooperative cannery in which the farmers would contract with my company to provide certain fruits raspberries, blackberries, blueberries, apples for the production of a premium brand of creatively designed fruit based preserves. I would invest the required funds in building the commercial kitchen, product design, marketing, promotion, and distribution at the national level through my existing channels I have already established. The press attached release explains the basic idea.

Wanted to know if, as a member of the Athens Farmers Market, you (or other fellow farmers that you know) might have an interest in becoming an owner/member in our new cooperative. The main purpose in creating the co-op will be to enable the area farmers to join forces to obtain a fair and consistent price for their premium quality fruit. The fruit will be used in a line of preserves that will help establish the Athens region as one of America’s premier locally grown food artisan regions. This will be achieved by maintaining the level of “Athens Grown” fruit in the line of products at 100% thereby creating a product line similar to great wines in which all the grapes are from a certain winery or region. In the preserve world as a company gets larger and larger they start compromising on quality and begin sourcing their fruit from outside the region where the idea started thereby compromising the integrity of the product.

I would appreciate your serious consideration in this matter. Please feel free to ask any and all questions. Don’t have all the answers yet but will work with each of you to make this something we can all be proud of as we proceed.

See you at the market!

Ray Leard and dedicated foodcrafters

Purely American

5991 Industrial Park Road

Athens, Ohio 45701

740-592-3800

740-592-4610 (fax)

rayleard@purelyamerican.com

–
Renee Hunt
Program Director
Ohio Ecological Food and Farm Association
41 Croswell St., Columbus, Ohio 43214
Ph: 614-421-2022 Fax: 614-421-2011
renee@oeffa.org