agricultural landscapes in the united states. food system food politics soil manipulation gmos...
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Food system
Food politics
Soil manipulation
GMOs
Integrated pest management
Food allergies
Food justice
School nutrition
Chemicals
Commercialization
Animal welfare Clean water
Organic
A Reading List
Organic farming (EPA)School Meals (USDA)Agricultural Biotechnology (USDA)Soils (USDAFood Security (USDA)Integrated Pest Management (USDA)Food Allergies (US National Library of
Medicine)Water Home (EPA)Animal Welfare Information Center (USDA)
USDA Data Sets
U.S. Statutes at LargeU.S. Code
Federal RegisterCode of Federal Regulations
U.S. Code Service (ProQuest Congressional) U.S. Reports
United State Government Manual
A Reading List
Organic farming (EPA)School Meals (USDA)Agricultural Biotechnology (USDA)Soils (USDAFood Security (USDA)Integrated Pest Management (USDA)Food Allergies (US National Library of
Medicine)Water Home (EPA)Animal Welfare Information Center (USDA)
USDA Data Sets
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?
National Agricultural Statistics Service
County Data
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?
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
HouseSenate
USDAFDA
Courts
Public Policy – Law
Legislation
Regulation
Legislative Mandate
Lobbying
Lobbying
A Paradigm for Federal Agricultural 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
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
Meat Products
Meat Packing PlantsPoultry Slaughtering and Processing
Dairy Products
Creamery ButterNatural, Processed, and Imitation CheeseDry, Condensed, and Evaporated Dairy ProductsIce Cream and Frozen DessertsFluid Milk
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
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; …”
HouseSenate
USDAFDA
Courts
Public Policy – Law
Legislation
Regulation
Legislative Mandate
Lobbying
Lobbying
A Paradigm for Federal Agricultural Policy
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)
Legislation
United States Code
Title 7. AgricultureTitle 26. Internal Revenue Code Title 42. The Public Health and Welfare
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
Regulation
Code of Federal Regulations, the codification of the general and permanent rules published in the Federal Register by the executive agencies of the federal government
Title 7. Agriculture Title 9. Animals and Animal Products Title 21. Food and Drugs Title 40. Protection of Environment
Food and Drug Administration
Food. FDA BasicsFood, Drug, and Cosmetic Act, Other laws affecting FDA
Food• Biotechnology• Dietary Supplements• Food Ingredients & Packaging• Food Safety• Labeling & Nutrition• Science & Research
• Guidance, Compliance & Regulatory Information• Food Defense & Emergency Response
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
United States Department of Agriculture
Animal HealthBiotechnology Food and Nutrition Food Safety Marketing and Trade Natural Resources and EnvironmentPlant HealthEmergency Preparedness and Disaster Response
Education and Research Energy Laws and Regulations Farm Bill
USDA Annual ReportUSDA Strategic Plan for FY 2005-201
USDA Organization Chart
• Agricultural Marketing Service (AMS) • Agricultural Research Service (ARS) • Animal and Plant Health Inspection Service (APHIS)• Center for Nutrition Policy and Promotion (CNPP) • Economic Research Service (ERS) • Food and Nutrition Service (FNS) • Food Safety and Inspection Service (FSIS) • Grain Inspection, Packers and Stockyards Administration (GIPSA)
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)