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August 2012
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Click this seal to go to the top of the newsletter |
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NTF Staff
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President
Joel Brandenberger; Ext. 7226
Legislative
Damon Wells; Ext. 7232
Leslee Oden; Ext. 7228
Scientific & Regulatory
Lisa Picard; Ext. 7233
Andrew Bailey; Ext. 7224
Communications
Peggy Albertson; Ext. 7223
Kimmon Williams; Ext. 7234
Membership
Jen Dansereau; Ext. 7229
Clara Sackey; Ext. 7221
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President's Message
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Greetings!
"If not now, when?"
That was the question NTF Vice Chairman John Burkel asked more than 60 reporters earlier this week during a news conference. The media conference announced that NTF and multiple other livestock organizations had filed a petition to the Environmental Protection Agency (EPA) to waive a substantial portion of the Renewable Fuels Standard (RFS). Indirectly, Burkel posed the question to the EPA, the entire administration, Congress and the ethanol industry itself.
When Congress created the RFS in 2005 and expanded it in 2007, proponents of the mandate, which requires gasoline refiners to blend an increasing amount of corn ethanol into gasoline, claimed there was a "safety net" to ensure against a catastrophic event that would create a shortage of corn. That "safety net" was the waiver process by which the EPA could temporarily reduce or eliminate the RFS in the event the mandate was causing severe economic harm.
The first time an RFS-related crisis arose, in 2008, the State of Texas petitioned EPA for a reduction in the RFS, and the agency denied the request. EPA officials, fully backed by United States Department of Agriculture (USDA) and the Energy Department, argued that the spike in corn prices was temporary and fueled by speculation that floods in the Midwest had ruined the corn crop. They claimed that the crop would recover and prices would settle. In the end, farmers were able to replant, the corn crop was not a disaster and the deep recession led to a steep drop in all commodity prices.
This is not 2008. The area affected by this year's drought is far greater than the area affected by the flooding four years ago. The damage to the corn crop is more severe and goes far beyond the expected reduction in yield per acre and total harvest. There is no replanting after a drought and, more importantly, four additional years of steadily diverting corn from food and feed to gas tanks has left reserve stocks dangerously low.
If this crisis does not merit EPA granting an RFS waiver, then the only reasonable conclusion a person could reach is that the waiver process, as currently written, will never work. Moreover, it would prove that the waiver was not created in good faith and that its authors never intended for it to be implemented.
The Legislative section of this newsletter covers all that NTF and the coalition are doing to repair our broken ethanol policy. The process starts with the waiver petition filed on Monday. Which brings us back to John's question: "If not now, when?"
Sincerely,
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Legislative
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Trade Associations, Members of Congress, Courts Act on Ethanol: The growing crisis caused by the worsening drought in the nation's heartland has resulted in increased scrutiny on the federal policy that is diverting billions of bushels of corn from feed and food and turning it into fuel. Trade Associations Petition for RFS Waiver: NTF, and numerous other poultry and meat trade groups, on Monday petitioned EPA for a reduction in the Renewable Fuels Standard (RFS), the law that mandates a set amount of corn-based ethanol (13.2 billion gallons in 2012) be blended into gasoline. The RFS is the primary reason that the amount of corn being used for ethanol has more than quadrupled in a span of six years and why ethanol is now the nation's number-one consumer of corn. The coalition's petition noted that this year's drought is the worst in a generation or more and that already low corn stocks means there could be an acute shortage of corn within a few months. A waiver could be the only way to stabilize corn availability and pricing in the coming year. Others joining in the petition included the National Chicken Council, National Cattlemen's Beef Association, National Pork Producers Council, American Meat Institute and North American Meat Association. The news release about the petition can be found here.Ten days prior to filing the petition, the Coalition released a study by NTF Economist Tom Elam detailing the ways the RFS is harming animal agriculture and affecting food prices ( see Issues Management Section). Congress Asks EPA to Reduce Yearly RFS Mandate Due to Drought: In addition to the coalition petition, NTF continues to lead efforts to have the House and Senate to put additional pressure on EPA for an RFS waiver. Reps. Bob Goodlatte, R-Va., Mike McIntyre, D-N.C., Steve Womack, R-Ark., and Jim Matheson, D-Utah, are circulating a letter among their colleagues asking EPA for a waiver. 147 members of Congress had signed the letter by July 31, and more are expected to join by week's end. NTF and its coalition partners also are beginning to seeking signatures for a similar Senate letter authored by Sens. Kay Hagen, D-N.C., Mark Pryor, D-Ark., John Boozman, R-Ark., Saxby Chambliss, R-Ga., and Ben Cardin, D-Md. The senators hope to deliver the letter to EPA by early August. Renewable Fuels Standard (RFS) Reform Legislation Introduced in the Senate: Sen. Ben Cardin, D-Md., in late July introduced the RFS Flexibility Act (S. 3428), legislation that would grant a partial waiver to the RFS. Under the legislation, a partial waiver is triggered when corn stocks fall below certain critical thresholds. NTF and its coalition of partners appreciate the leadership effort of Senator Cardin on this legislation. This measure is very similar to H.R. 3097, introduced in October, 2011, by Reps. Bob Goodlatte, R-Va. and Jim Costa; D-Calif. The House legislation currently has 30 co-sponsors. NTF will continue to work for its swift passage.
D.C. Circuit Dismisses RFS2 Lawsuit: In mid-July, a federal appeals court dismissed a challenge by the National Chicken Council, NTF and others to the EPA's minimum annual standard for renewable fuels used in transportation fuels, as required by the Energy Independence and Security Act of 2007. The suit against EPA alleged injuries caused by the RFS2. It is important to note that the appellate judges did not rule on the merits of the trade associations' case. They said only that the groups had not demonstrated standing to bring the suit because we had "failed to show that a favorable ruling would redress (the) claimed injuries." The judges made it clear our underlying argument might have merit if we can find a way to demonstrate standing in a new filing.
It also is important to note this is not the E15 case. The E15 appeal is the challenge to the EPA's ability to issue partial waivers allowing a 15-percent blend of ethanol in cars and light trucks built in 2001 or later. The case was argued in April of this year and remains pending.
Smarter Fuel Future: Finally, NTF joined the Smarter Fuel Future coalition that will publicize the many negative effects of the RFS and other biofuel polices. The group launched an educational website, SmarterFuelFuture.org, which is intended to raise awareness about the economic, environmental, hunger and engine performance implications of the current U.S. biofuels policy.
Smarter Fuel Future calls on lawmakers to revisit the failed RFS and enact policies that are informed by markets, not mandates. It highlights that crops are dedicated to providing food and feed, not fuel.
House Agriculture Committee Passes 2012 Farm Bill: In July, the House Agriculture Committee approved the Federal Agriculture and Risk Management Act (H.R. 6083) by a vote of 35 to 11. The Farm Bill authorizes numerous government programs and services, some of which promote turkey, as well as other commodities. The bill included several key provisions important to the turkey industry including a provision that prohibits Grain Inspection, Packers and Stockyards Administration (GIPSA) from enforcing the controversial livestock and poultry marketing rule from 2011. The bill also addressed two issues of importance to turkey growers. The first creates a study to assess the viability of business interruption insurance for contract growers and an insurance program for poultry growers who experience catastrophic loss. The second retroactively reauthorizes funds for the Livestock Indemnity Program to October 2011. The legislation now awaits floor consideration by the House. Congress hopes to complete this legislation before the bill expires on September 30. However, with elections looming and the number of legislative work days dwindling, it is questionable that this bill will be completed before the November elections. As the Farm Bill reauthorization or a simple one year extension of current policy moves forward, NTF will continue to be engaged in the process to ensure priorities for the turkey industry are implemented.
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Scientific and Regulatory
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Technical and Regulatory
Annual FSIS Salmonella Data Posted: In the regulatory sampling program for the turkey industry, rates of Salmonella in whole birds were drastically reduced. In FSIS's 2011 reports, 1,541 turkey samples were analyzed, with only 2.4% testing positive for Salmonella, down from 4.6% in 2010. Of the 25 sample sets completed in 2011, 96% of these establishments met the Salmonella Performance Standard.
For ground turkey, there was a slight increase in the Salmonella incidence, increasing to 12.3% positive in 2011 from 10.2% in 2010 and 10.7% in 2009. All 14 sample sets for 2011 passed, similar to the 2010 and 2009 sample sets, which had 9 and 14 sample sets respectively.
In the report, FSIS noted its continued intent to exclude product destined for further processing into ready to eat items from raw comminuted sampling.
HACCP Systems Validation: FSIS extended the comment period until August 9 for the Federal Register notice that clarifies requirements for the validation and guidance documents. NTF's Technical and Regulatory Committee plans to submit comments on the document. NTF will continue to support the document's current clarity, but will call for improvements on the ambiguous areas of supporting documentation and the specific types of products that need validation.
Exports
TPP SPS Working Group: NTF joined with a coalition of other agricultural organizations to support the objectives of the Trans-Pacific Partnership (TPP) negotiations. A well-negotiated, high-standard agreement would benefit agricultural producers, processors and exporters in all TPP partner countries. However, in order for a TPP agreement to be commercially meaningful, it must include science-based sanitary and phytosanitary (SPS) measures that are fully enforceable. Efforts thus far have included letters to the Obama administration and visits with key Hill offices.
Live Production and Environment
EPA Withdraws CAFO Reporting Rule: On July 13, the Environmental Protection Agency (EPA) announced it was withdrawing its proposed rule, the "308 reporting rule," that would have required information to be submitted regarding Concentrated Animal Feeding Operations (CAFOs). The EPA said it will now collect CAFO information using existing sources of information, including state National Pollutant Discharge Elimination System (NPDES) programs, as well as other federal, state, and local programs to help ensure CAFOs are implementing practices that protect water quality. In a joint press release, NTF, National Chicken Council, and U.S. Poultry and Egg Association applauded the agency for recognizing the concerns of poultry growers.
NFPA Animal Housing Standard: In June, the National Fire Protection Association (NFPA)'s Technical Committee on Animal Housing voted to amend its 150 Standard, Fire and Life Safety in Animal Housing Facilities, by requiring the installation of sprinkler and smoke control systems in animal housing facilities for poultry and livestock.
NTF, as part of a coalition of industry groups, filed a letter of appeal expressing industry concerns with the requirement, and the lack of due process involved in setting the standard. The NFPA Technical Committee conducted a subsequent vote and reversed the decision to the standard. The results and rationale for the vote reversal are available here.
On a related note, NFPA is seeking volunteers in the animal agriculture industry to serve on the NFPA 150 Technical Committee. If you are interested in being considered for a position on the technical committee, please let Andrew Bailey know.
Turkey Health and Welfare
Proposed Change in the Definition of Pet Store: USDA/Animal and Plant Health Inspection Service (AHPIS) has proposed a revision of regulations to the Animal Welfare Act (AWA) to redefine "retail pet store." While not directly affecting turkey producers, the proposed rule would expand the number and type of animal breeding and agricultural facilities subject to licensure, inspection, and record keeping under AWA. NTF opposes the proposed change to the definition of "pet retail store" as it has the potential to expand burdensome regulations on some farm operations, negatively impact youth agriculture programs, and expand federal inspector access beyond the scope of USDA's authority on livestock farms. The Turkey Health and Welfare Committee is developing formal comments on this issue.
Codex Commission Approves Standard for Ractopamine: On July 5, the Codex Alimentarius Commission voted to adopt a science-based Maximum Residue Level (MRL) for ractopamine in pork and beef. The 69-to-67 vote to adopt the MRL is a significant win for the United States' trade interests, although the committee did not vote to adopt an MRL for turkeys.
FDA CVM Antimicrobial Animal Drug Sales and Distribution Reporting ANPR: FDA CVM has issued an Advance Notice of Proposed Rulemaking which seeks comments on whether CVM should amend its regulations. The amendments would require the submission of additional sales and distribution information for antimicrobial animal drug products that are approved and labeled for more than one food producing animal species. Additional information sought includes: an estimate of the amount of each active antimicrobial ingredient sold or distributed for use in each approved food-producing animal species. CVM is seeking comments on how sponsors can both practically and accurately provide separate sales and distribution information for each species. The THW committee is currently in the process of drafting comments for this notice.
Worker Safety and Health/Human Resources
Hours of Service Amicus Brief: NTF (as part of the Shipper/Transportation Provider Coalition) filed a brief against the Federal Motor Carrier Safety Administration's (FMCSA), Hours of Service Final Rules for commercial truck drivers. This rule will hurt jobs and have a negative impact on agriculture, manufacturers and retail supply chains, distribution operations, and productivity.
The Coalition argues that the specific rest periods of the '34-hour restart' and the exclusion of all 'on-duty non-driving work' during the break should be held unlawful on the grounds that the changes are arbitrary and unpredictable. The coalition also opposed a challenge lodged by Public Citizen and defended the FMCSA's decision to maintain the '14-hour driving window' and the '11-hour daily driving provision'.
Upcoming Webinar with OSC and EEOC: At 3 p.m. EDT on Aug. 14, the Joint Poultry Industry Human Resources Council will conduct a webinar, sponsored by the Office of Special Counsel (OSC) and the Equal Employment Opportunity Commission (EEOC). This webinar will be in conjunction with the next Joint Human Resources Council conference call. Council members are encouraged to submit questions prior to the webinar so that they can be addressed by OSC and EEOC. Current topics for the webinar include:
- Americans With Disabilities (ADA) Issues - application of ADA to no fault attendance policies and leave of absence policies
- Procedures for filling out an I-9
- Advantages of a paperless I-9 process
- Processes to use when questions of eligibility/legality come up
- Department of Justice resources available to employers
- Processes available to help employers know when extensions are made due to a country's instability
- Processes and resources for employers to use when they have questions regarding documents or processes.
This is a monthly call and if you'd like to participate the dial-in and passcode are as follows:
- Dial-in: (877) 643-6951
- Passcode: 99320359#
Driver Training Program; Post Accident Best Practices: The U.S. Poultry and Egg Association has allocated funds for the development of a driver-training program on Post-Accident Procedure Best Practices. The program will advise poultry industry drivers of best practices while at an accident site.
It will address safety & security, dealing with local law enforcement and first responders, and the media. Additionally, the program will focus on handling environmental, animal welfare and product food safety concerns. The Joint Safety & Health Council will be assisting U.S. Poultry in developing the program content.
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Marketing Communications
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Marketing
Peggy Albertson Named New Public Relations Manager: "We are incredibly excited to have a young but seasoned professional join our team," said Joel Brandenberger, President of NTF. "Peggy has strong and innovative social media and public relations capacities. She brings a unique food nutrition context to the position combined with strong writing and marketing skills."
Albertson will manage NTF's public relations campaign, with an emphasis on the federation's social media presence.
Albertson joins NTF after two years working for North Carolina Division of Public Health (NCDPH) as their communications specialist on a physical activity and nutrition grant. Prior to NCDPH, Albertson worked at public relations and advertising agencies.
She holds an A.B.J. in public relations and a B.A. in Spanish from the University of Georgia, where she graduated Suma Cum Laude with an 80-percent scholarship for academic merit.
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Visit NTF's Facebook page to see photos from the 2012 Annual Convention. Not on Facebook? View the photos on NTF's "Member's Only" website.
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Issues
Elam Reports on the Hill: Tom Elam, FarmCon, LLC, spoke to attendees on Capitol Hill about ethanol, the corn shortage, and what could happen to food production if a waiver isn't granted for the RFS mandate. Attendees received the full study, a copy of the presentation, and an infographic that shows the affect ethanol is having on food production.
NTF wants to encourage members to share this information with their elected officials and gain their support for the waiver.
The press release received attention from 54 national and international outlets, including Bloomberg and Reuters.
Opinion Editorial Published in 5th Largest Turkey Producing State: The Richmond-Times Dispatch published an opinion editorial, "Policy Pits Food Against Fuel", co-authored by NTF President Joel Brandenberger, along with the AMI's President Patrick Boyle and NCC's President Mike Brown. The article talks about rising costs of food because of the misguided Renewable Fuels Policy that leaves no corn for feed or food.
NTF will continue to find avenues to communicate this crisis and its effects on farms, jobs, poultry well-being, and food costs.
2011 Marketplace Survey Released: The 2011 Marketplace Survey, prepared by Agri Stats, Inc., shows that whole birds, cooked fabricated white meat and ground turkey were the top three products distributed in 2011. To view the entire 2011 Marketplace Survey, click here. The document is also available on the "Members' Only" website under "What's Hot."
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Member Services
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2012 Leadership Conference Talks Turkey on Capitol Hill: NTF welcomed 159 members to Washington, D.C. to meet with their congressional representatives to discuss issues facing the turkey industry. NTF members met with 95 congressional offices including several new representatives to NTF. It is important for NTF members to communicate with elected officials that may not have turkey in their district.
NTF continues to be a leader on Capitol Hill and the Leadership Conference is essential to making sure our message is heard. This year NTF members spoke to their congressional representatives about: ending the Renewable Fuels Standard, the importance of responsible antibiotic use, reforming the E-Verify program, and the farm bill.
Leadership Conference attendees were also able to hear from keynote speaker Sen. Pat Roberts from Kansas, on Tuesday morning, before a full day of Congressional visits.
Special thanks to Elanco Animal Health for sponsoring Stuart Rothenberg, editor and publisher of The Rothenberg Political Report. Rothenberg was able to provide an in-depth analysis of the 2012 campaign season.
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If you know of a company that would benefit from membership in NTF please contact Jennifer Zukowski Dansereau at jdansereau@turkeyfed.org, or 202-898-0100 ext. 7229.
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Giblets
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Sherrie Rosenblatt departs NTF after 14 years of valued service. Rosenblatt will be working for the Can Manufacturers Institute.
NTF's Clara Sackey has been promoted to member services manager. Sackey has been with NTF for four years and is an alumnae of University of Tampa.
Dr. Kent M. Reed, Professor, University of Minnesota, Department of Veterinary & Biomedical Sciences was awarded the 2012 NTF Research Award. The award is presented each year at the Poultry Science Association Convention to recognize distinctive research work which has a strong economic impact on the turkey industry.
 | | Kent M. Reed, Ph.D |
West Liberty Foods, L.L.C.'s Mount Pleasant, Iowa facility has achieved "land-fill" free status through verification from the NSF International Strategic Registrations Ltd. (NSF-ISR). This is the second of West Liberty Foods' facilities to become landfill free.
Kaman Industrial Technologies Corporation (KIT) acquired Florida Bearing, Inc. of Miami, Fla. Florida Bearings is a distributor of bearings, power transmissions and pump products.
A new all-white meat turkey patty is being launched by Best Chicago Meats Co. LLC. The one-third pound burger with six percent fat will be a part of their new line of premium burgers, Glenmark Black Label.
USDA's monthly Cold Storage report shows the total pounds of turkeys in freezers was up 10 percent from June 2012 and up eight percent from June 30, 2011.
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