Deana Stroisch indicated this week at the Illinois Farm Bureau homepage that, “From dicamba to trade, America’s farmers could be affected by legal, policy and regulatory proposals pending across the country.

“Speaking at Illinois Farm Bureau’s Governmental Affairs Conference last week, Harrison Pittman, executive director of the National Agricultural Law Center, outlined a number of emerging legal issues farmers need to watch. They include:

“Flooding. A federal judge last week found the U.S. Army Corps of Engineers responsible for persistent flooding to farms in Iowa, Nebraska, Kansas and Missouri. In the case of Ideker Farms, Inc. et al. v. United States of America, damages could exceed $300 million, he said.

“‘The central piece is the (Corps’) liable and has to pay under the Fifth Amendment of the Constitution for what amounts to the taking of their property,’ Pittman said. ‘This is a landmark decision and it has implications in states like Illinois and beyond.'”

“Syngenta settlement. A $1.5 billion settlement agreement was reached last week in the class action lawsuit regarding the company’s modified Viptera and Duracade corn seed strains. It’s believed to be the single largest ag litigation settlement in history, he said.

“The products were put into the U.S. market before being approved for import by China. ‘The theory goes that they turned away shipments, and that depressed the price on the market, and U.S. farmers lost a lot of money on the deal,’ he said.”

Other issues noted in the update included:

• Chlorpyrifos
• 2018 Farm Bill
• International Ag Trade

Peter Whoriskey reported earlier this month at The Washington Post Online that, “Amid growing tumult over whether the ‘USDA Organic’ label really guarantees that a product is grown as advertised, Congress is weighing legislation that would roughly double the budget for the USDA’s oversight of the organic industry.

“The bill, introduced by Rep. John J. Faso (R-NY), has 33 House cosponsors, and its backers hope that its bipartisan support will enable its passage next year.

“The USDA’s National Organic Program is supposed to protect consumers from food that is advertised as organic but that does not meet organic standards. This year The Post has published several stories casting doubt on the authenticity of the products from some of the largest ‘organic’ producers of milk, eggs and imported grains.”

The Post article stated that, “The legislation roughly doubles the budget for the USDA’s organic program to $24 million over the next five years. It also, among other things, calls for the modernization of the USDA system that tracks imports of purportedly ‘organic’ foods, allows organic inspectors to share investigative information across a supply chain, and requires officials to file an annual report to Congress detailing its organic investigations.

“‘I definitely support it,’ said Sen. Patrick Leahy, (D-VT), who sponsored the 1990 legislation creating the USDA’s organic program. Since then, he said, the rapid growth in sales has outpaced enforcement. ‘We’ve built a tremendous, $47 billion industry. I’m not going to let it disappear.'”

Richard Rubin reported yesterday at The Wall Street Journal Online that, “U.S. lawmakers reached a last-minute deal to reverse an error in December’s tax law that was helping farm cooperatives and hurting their corporate competitors.

“The agreement to alter the so-called grain glitch is attached to a must-pass spending bill slated to become law later this week, and the details were released late Wednesday.

Lee Rood reported last week at The Des Moines Register Online that, “Spring planting is underway inside the greenhouse at Dogpatch Urban Gardens, marking what should be the most hopeful time of year for owners of Des Moines’ only urban farm.

“But when Eric and Jenny Quiner talk about all the changes they have to make this year on their acre lot on Meredith Drive to stay in business, the strain is palpable.

“‘The stress has almost been the biggest hardship in all of this,’ Eric Quiner said, his voice quivering.”

The Register article explained, “A March meeting may tip the scale on whether the couple’s two-year-old business ultimately succeeds or fails. That’s when Polk County’s Board of Adjustment will weigh in after planning and development staffers determined the Quiners’ new building amounts to a commercial storefront, not just a farm stand.

“With that change comes a mix of building, landscaping, health and safety requirements for the Quiners that they say have necessitated spending about $75,000 more than expected.”

Last week’s article noted, “As bootstrap urban farm businesses and nonprofits have sprouted up around the country in urban centers, some have run afoul of local requirements guiding everything from food sales to water runoff to building codes.

“Some cities and counties in recent years have enacted urban farming ordinances or zoning codes because the operations don’t neatly fit into regulations for residential, commercial or agricultural land.

“Boise, Idaho, Denver and Kansas City, Mo., have made urban farming a permitted land use. As yet, Des Moines and Polk County have not.”

The Register article also stated that, “The unplanned costs and changes forced the Quiners to take out a second mortgage and appeal for help from supporters with a Kickstarter campaign.

“Thus far, supporters have invested more than $21,000 to help them succeed.

“Still, Eric and Jenny say the stress of having their infrastructure costs double has weighed heavily on them. It’s even strained their marriage.”

A news release on Tuesday from Sen. John Boozman (R., Ark.) stated that, “U.S. Senators John Boozman (R-AR) and Patrick Leahy (D-VT), members of the Senate Committee on Agriculture, Nutrition and Forestry, introduced the Veteran and Beginning Farmers Technical Assistance Act. This bipartisan legislation would reauthorize the Appropriate Technology Transfer for Rural Areas (ATTRA) program to continue educating farmers and ranchers on farming practices and assist veterans in becoming successful producers.

“‘Arkansas farmers and ranchers feed the world. Providing access and connecting producers to information helps them make smart business decisions, which is important to our economy and our food supply,’ Boozman said. ‘Developing veterans’ agriculture skills equips them to become the next generation of producers. I’m pleased to work with Sen. Leahy to advance this legislation and preserve this critical program.'”

The release added that, “ATTRA’s Armed to Farm program assists veterans in the transition to civilian life by training them for a career in farming. More than 20 participants in Arkansas have been trained through the program.

“‘ATTRA has served our nation’s farmers for thirty years through training and technical assistance. In addition, we have been honored to assist military veterans as they enter farming careers through our ATTRA-supported Armed to Farm. We have seen veterans start and expand farming operations, enter new markets, and contribute to their local economies. We look forward to continuing this work for Arkansas farmers, and all the farmers and veterans across the country,’ said Margo Hale, Southeast Regional Director of the National Center for Appropriate Technology.”

Erica Werner reported on Friday at The Washington Post Online that, “Republicans aiming to use an upcoming spending bill to fix a glaring problem with their recently passed tax overhaul are running into a wall with Democrats, who were shut out of the tax law process and now don’t want to cooperate unless they get something in return.

“Shortly after the rushed passage of last year’s $1.5 trillion tax law, agricultural companies warned that their livelihoods were imperiled after language in the legislation gave a major advantage to their competitors — farming cooperatives — in the heart of America’s agriculture economy. Republicans professed surprise and promised to fix the problem as soon as possible.

“‘It has to get fixed,’ said Rep. K. Michael Conaway (R-Tex.), chairman of the House Agriculture Committee. ‘I mean, it’s essential.'”

Ms. Werner noted that, “But Democrats aren’t willing to go along so easily. They say they warned Republicans that pushing through the law in a matter of weeks — without public hearings — would result in problems and unintended consequences. And now that such issues are emerging, some Democrats resent being asked to lend their votes to a solution.”

The Post article added that, “Democratic votes are needed on the government-wide spending bill that must pass by March 23 at midnight to stave off a third federal shutdown this year. In exchange for including a fix to the grain glitch in the omnibus spending bill, Senate Democrats are pushing for inclusion of a tax provision of their own, an affordable-housing tax measure championed by Sen. Maria Cantwell (D-Wash.).”

A recent update from USDA’s Economic Research Service (ERS) by  Hayden Stewart (“Shopping at Farmers’ Markets and Roadside Stands Increases Fruit and Vegetable Demand“) stated that, “Direct-to-consumer (DTC) outlets, such as farmers’ markets and roadside stands, have grown in number over the past few decades. According to USDA’s Agricultural Marketing Service, 8,687 farmers’ markets operated in 2017, up from 2,746 in 1998. This expansion reflects primarily consumer interest in fresh, locally grown foods, especially fruits and vegetables. Consumers buying directly from farmers at markets, stands, and other types of DTC outlets may see a greater variety of produce items, interact with growers, and be exposed to nutrition information, cooking instructions, and recipe ideas. This interaction and exposure can further increase consumer demand for fruits and vegetables.

“ERS researchers used data from USDA’s National Household Food Acquisition and Purchase Survey (FoodAPS) to investigate the relationship between patronizing DTC outlets and spending for fruits and vegetables by U.S. households. Among 4,826 households that reported their food acquisitions over a 1-week period between April 2012 and January 2013, 231 bought food from a DTC outlet. Fruits and vegetables were the most frequently purchased type of food at such places; 170 of the 231 households bought fruits and vegetables.

“Total fruit and vegetable spending—at DTC outlets and nondirect retailers (food stores)—was higher among those 170 households than among another 3,388 FoodAPS households that also bought fruits and vegetables but patronized exclusively food stores. Households that bought fruits and vegetables at both DTC outlets and food stores spent a total of $28.36 on fresh and processed products that week—$16.21 at stores and $12.15 at DTC outlets—versus the $16.53 spent on fruits and vegetables by households that bought only from stores. Average weekly fruit and vegetable spending across all FoodAPS households, including those that did and did not make purchases, was $12.60.”

“Shopping at Farmers’ Markets and Roadside Stands Increases Fruit and Vegetable Demand,” by Hayden Stewart. USDA- Economic Research Service. Amber Waves (March 5, 2018).

Dr. Stewart added that, “Households that patronize DTC outlets may already have a greater demand for fruits and vegetables, owing in part to a heightened interest in and knowledge of nutrition. For this reason, ERS researchers used a statistical model to control for other factors that might affect fruit and vegetable demand, such as income, demographics, and attitudes toward food, shopping, and nutrition. Of key interest to the researchers was how a household’s fruit and vegetable spending varied with its inclination to buy these foods at DTC outlets. They found that the average weekly fruit and vegetable spending of $12.60 increased by 60 cents—about 5 percent—if a household’s likelihood to visit a DTC outlet in a given week increased by 2 percentage points.”