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Agricultural Landscapes in the United States

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Agricultural Landscapes in the United States

Food system

Food politics

Soil manipulation

GMOs

Integrated pest management

Food allergies

Food justice

School nutrition

Chemicals

Commercialization

Animal welfare Clean water

Organic

What is healthy food?

What is healthy food? • Food that fulfills human nutritional needs?

What is healthy food? • Food that fulfills human nutritional needs?Who is responsible for producing healthy food?Who is responsible for consuming healthy food?

What is healthy food? • Food that fulfills human nutritional needs?Who is responsible for producing healthy food?Who is responsible for consuming healthy food?

What is safe food? • Food that does not cause human illness/death?• Generally recognized as safe (GRAS)? Who is responsible for producing safe food?Who is responsible for consuming safe food?

Land Uses in the United States

Landscape – Goods, services, artifacts

What is a food system?

Interrelated food chains?

Take-home Points

Landscapes are political statements

Landscapes are created incrementally, often in a disjointed fashion, we “muddle through” because we change our minds about the role and responsibility of government

Landscapes embody the past and the present and are the basis for the future

Landscapes are the product of “shared” endeavors between governments and the “private” sector (I’d call it a product of socialism but ….)

Take-home Points

Landscapes are political statements

Landscapes are created incrementally, often in a disjointed fashion, we “muddle through” because we change our minds about the role and responsibility of government

Landscapes embody the past and the present and are the basis for the future

Landscapes are the product of “shared” endeavors between governments and the “private” sector (I’d call it a product of socialism but ….)

There may be no such thing as private enterprise in the United States

A Production Spectrum

Public Private – Under coercion• Regulation – big stick • Financial Incentive - carrot

– taxation – income, property – loans, grants

• Public Infrastructure – construction – water treatment, sewers, roads, schools, recreation areas)– records

Public records

Federal Constitution

States, Rules, Judicial Opinions

Public Land Private Land

Transportation Transportation Administration Agriculture

Manufactured goods Health? Welfare?Safety?

Private Enterprise?

The Hass Avocado Promotion, Research, and Information Act of 2000

(Title XII Public Law 106–387, 7 U.S.C. 7801-7813) was signed into law on October 23, 2000

“Hass avocados are an integral food source in the United States that are a valuable and healthy part of the human diet and are enjoyed by millions of persons every year for a multitude of everyday and special occasions”

Haas Avocados Research and Promotion Plan

(Agricultural Marketing Service)Hass Avocado Promotion, Research, and Information Order

(7 CFR Part 1219)

California Avocado Society 2000 Yearbook

How can we describe/explain the pattern of dairy farms in the United States? (Why do some individuals produce milk?)

How can we explain the behavior of dairy farmers and milk producers?

The behavior of the federal government (state government)

• Statutory Law regarding milk production, marketing, and consumption • Administrative Law regarding milk production, marketing, and consumption • Case Law regarding milk production, marketing, and consumption

The behavior of milk producers – dairy farmers, dairy companies, wholesale and retail corporations

The behavior of milk, butter, cheese consumers

How can we explain the behavior of dairy farmers and milk producers?

The behavior of the federal government (state government)

• Statutory Law regarding milk production, marketing, and consumption • Administrative Law regarding milk production, marketing, and consumption • Case Law regarding milk production, marketing, and consumption

The behavior of milk producers – dairy farmers, dairy companies, wholesale and retail corporations

The behavior of milk, butter, cheese consumers

How can we explain the behavior of tobacco producers?

How can we explain the behavior of tobacco producers?

On November 23, 1998 the Attorneys General and other representatives of 46 states. Puerto Rico, the U.S. Virgin Islands, American Samoa, the Northern Mariana Islands, Guam and the District of Columbia signed an agreement with the five largest tobacco manufacturers, ending a four-year legal battle between the states and the industry that began in 1994 when Mississippi became the first state to file suit – The Family Smoking Prevention and Tobacco Control Act 2009

The Family Smoking Prevention and Tobacco Control Act 2009

FDA

FDA v. Brown & Williamson Tobacco

Corp. 2000

Smoking

Lobbying

LobbyingA Paradigm for Smoking

Landscapes are political statements

To understand agricultural landscapes need to know

• how the federal government reaches consensus about its role and responsibility to produce abundant, safe, and cheap food

• how individuals, corporations, and governments contribute to the dialogue that produces consensus

• how individuals, corporations, and governments react to that consensus

The Nature of Public Policy

• Iterative decisions made by the three branches of government that have an impact on the behavior of the legal entities

• Called statutory law, administrative

law, and case law, these decisions interact with each other

Congress

Agency

Courts

Public Policy – Law

Legislation

Regulation

Legislative Mandate

Lobbying

Lobbying

A Paradigm for Federal Policy

The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (P.L 107-188, 116 Stat. 594, June 12, 2002)

• Provided FDA the authority to order the detention of any article of food if during an inspection, examination, or investigation an FDA officer or qualified employee finds there is credible evidence or information indicating that the article of food presents a threat of serious adverse health consequences or death to humans or animals

• FDA issued a proposed rule in the Federal Register of May 9, 2003 (68 FR 25242), proposing procedures for the detention of an article of food

• FDA issued the final rule in the Federal Register of June 4, 2004 (69 FR 31660), establishing the procedures for the detention of an article of food

• The detention regulations are codified at Title 21, Code of Federal Regulations (CFR) Part 1, Subpart K (21 CFR part 1, subpart K)

FDA Food Safety Modernization Act (P.L. 111-353, 124 Stat. 3885, January 4, 2011) • to ensure the U.S. food supply is safe by shifting the focus of federal regulators

from responding to contamination to preventing it• Section 207 amends the existing criteria for ordering the detention of human or

animal food as laid out in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334(h)(1)(A))

• FDA amended the regulations in the Federal Register of May 5, 2011 (76 FR 25538)

• 21 CFR Part 1 amended

Organizing Agricultural Production

Key to finding who does what

Standard Industrial Classification System

Division A: Agriculture, Forestry, And Fishing – businesses primarily engaged in agricultural production, forestry, commercial fishing, hunting and trapping, and related services

Division D: Manufacturing – businesses engaged in the mechanical or chemical transformation of materials or substances into new products. These establishments are usually described as plants, factories, or mills and characteristically use power driven machines and materials handling equipment

• Food And Kindred Products• Tobacco Products• Chemicals And Allied Products

Food And Kindred Products

Meat ProductsDairy ProductsCanned, Frozen, And Preserved Fruits, Vegetables, and Food SpecialtiesGrain Mill ProductsBakery ProductsSugar And Confectionery ProductsFats And OilsBeveragesMiscellaneous Food Preparations And Kindred

Standard Industrial Classification System

Division F: Wholesale Trade – businesses primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, construction contractors, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies

Division G: Retail Trade – businesses engaged in selling merchandise for personal or household consumption and providing services incidental to the sale of the goods. In general, retail establishments are classified by kind of business according to the principal lines of commodities sold (groceries, hardware, etc.), or the usual trade designation (drug store, cigar store, etc.)

• Food Stores• Eating and Drinking Places

How does the federal government ensure the production of abundant, cheap, safe food?

Authority

Preamble to the United States Constitution

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America”

Article I, Section 8, Clause 1 of the United States Constitution,

“The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; …”

Legislation

United States Statutes at Large

America COMPETES Act. Public Law 110-69, August 9, 2007 Animal Fighting Prohibition Enforcement Act of 2007. Public Law 110-22, May 3, 2007

Asian Elephant Conservation Reauthorization Act of 2007.Public Law 110-133, December 6, 2007

Charlie W. Norwood Living Organ Donation Act. Public Law 110-144, December 21, 2007

College Cost Reduction and Access Act. Public Law 110-84, September 27, 2007

Enactment of a law (Senate) How our laws are made (House of Representatives)

Regulation

Federal Register, the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents

Food Safety

Food TransportationFood Safety ProgramsProduct-Specific InformationFood AllergensFoodborne IllnessesFood Contaminants & AdulterationHazard Analysis & Critical Control Points - a management system in which food safety is

addressed through the analysis and control of biological, chemical, and physical hazards from raw material production, procurement and handling, to manufacturing, distribution and consumption of the finished product

Retail Food Protection - more than 3,000 state, local and tribal agencies have primary responsibility to regulate the retail food and foodservice industries in the United States

The New FDA Food Safety Modernization Act

Resources for You

FoodSafety.gov

Recalls, Market Withdrawals, & Safety Alerts

Generally Recognized as Safe

Environmental Protection Agency

The EPA has primary responsibility for making rules that enforce the environmental statutes enacted by the Congress

GreenChill is an EPA Partnership with food retailers to reduce refrigerant emissions and decrease their impact on the ozone layer and climate change

Learn the Issues: Pesticides, Chemicals and ToxicsScience & Technology: PesticidesScience & Technology: Substances & ToxicsScience & Technology: WaterScience & Technology: Land, Waste & Cleanup

Genetically Modified Organisms

Diamond v. Chakrabarty, 447 U.S. 303 (1980)Breaking the Law of Life (Resurgence)Lifeform PatentingGenetically Modified Foods and Organisms (Human Genome Project)Liability and Labeling of Genetically Modified Organisms Genetically Modified Organisms (Aglaw) Genetics Society of America, Statement on Genetically Modified Organisms Biosafety Protocol for Genetically Modified Organisms: Overview Biotechnology: An

Overview GM Organisms (New Scientist)GMOs at the FAODolly the SheepLife Form Patenting and Family-Scale Agriculture: Implications and Recommendations

(Center for Rural Affairs)

Conclusion

Our human landscape is our unwitting autobiography, reflecting our tastes, or aspirations, and even our fears, in tangible, visible form.... All our cultural warts and blemishes are there, and our glories too; but above all, our ordinary day-to-day qualities are exhibited for anybody who wants to find them and knows how to look for them

(Pierce Lewis "Axioms for reading the landscape, some guides to the American scene" in Donald Meinig (ed) Interpretations of Ordinary Landscapes (New York, Oxford University Press, 1979 23)

Cranberry Bogs