April 9, 2024

Contents

• What We’re Watching
• Notable News
• This Week’s Legislation
• Upcoming Hearings
• Contact the Team

What We’re Watching

Congress 

Congress returns this week from a two-week recess with a lengthy agenda of priorities that have been delayed due to the FY2024 appropriations process. The House is set to send articles of impeachment against Department of Homeland Security Secretary Mayorkas to the Senate this week, which will delay Senate action unless they can quickly vote on a dismissal. Senate Majority Leader Chuck Schumer (D-NY) sent a Dear Colleague letter outlining his priorities for the remainder of the year which included the Child Tax Credit, Tik Tok legislation, the fentanyl crisis, holding bank executives accountable, rail safety, and ensuring internet affordability, among others. Notably absent from the list was action on the Farm Bill.

In addition, the House will be looking to determine who takes over as Chair of the House Appropriations Committee. Congressman Tom Cole (R-OK) is currently the frontrunner, while Congressman Robert Aderholt (R-AL), is also considering a run for Appropriations Committee Chair. Congressman Aderholt sent a letter requesting a delay in changing the leadership positions in order to reform the process for Appropriations. If Congressman Cole is successful, he will have to forfeit his chairmanship of the House Rules Committee, and another member will have to fill in the role until the elections. Separately, the Agriculture Appropriations Subcommittee will hold their Member Day hearing on April 11. Members will be able to testify on a number of agriculture budget-related issues. 

Administration

USDA Releases Final Rule on WIC Reformulation

The USDA released their final rule revising the guidance in the Special Supplemental Nutrition Assistance Program for Women, Infants, and Children (WIC) to align with the Dietary Guidelines for Americans (DGAs). Some changes include reducing juice to 64 fluid ounces for child and adult participants, establishing an added sugars limit for yogurts and plant-based alternatives, requiring 75% of breakfast cereals to meet the whole grain criteria, replacing the total sugars limit, and adding canned fish to food packages. Details of the final rule can be found here.  

USDA Confirms Avian Flu Outbreak

Multiple cases of highly pathogenic avian influenza (HPAI) have been confirmed in dairy herds in Texas, Kansas, Michigan, and New Mexico. Cases were also confirmed on a poultry farm in Texas. In addition to the animal cases confirmed, farm workers have tested positive for the virus. The official statement released by the Animal and Plant Health Inspection Service (APHIS) stated that “there is no concern about the safety of the commercial milk supply or that this circumstance poses a risk to consumer health,” reminding consumers that dairies are not allowed to send milk from unhealthy animals, and that the required pasteurization process removes bacteria and viruses.

On April 2, Biden administration officials from the FDA, CDC, Administration for Strategic Preparedness and Response, and USDA briefed Congressional offices on the situation. Notably, the CDC reiterated that the threat to the general public is low. Moving forward, USDA will host a weekly briefing with agriculture staffers.  

Department of Commerce Data Show Imports Hit Record High

The trade deficit has increased to $68.9 billion in February, which is the highest gap since April 2023. The Department of Commerce reported the value of imports hit $331.9 billion while exports were $263 billion, marking an overall deficit expansion of 1.9%. This comes as lawmakers and industry stakeholders have put increased attention on supply chain disruptions, citing these issues as why prices remain high.

FTC Enforcers Summit Covers Food and Agriculture

The Federal Trade Commission (FTC) held their 2024 Enforcers Summit, which included two publicly streamed plenary sessions, well as closed-door, in-person breakout discussions. The agenda for the public sessions can be found here. The first panel focused on the “Whole of Government Approach to Competition Policy” and featured the heads of USDA, USTR, SEC, STB and the CFPB. The second session panel, “From Farmer to Grocer: Competition Concerns in the Food Supply Chain” featured a mix of state, federal and international policy leads to discuss their anti-trust efforts in a range of agriculture and retail spaces. Topics referenced included: right to repair for agricultural equipment, grocery chain mergers, fast food non competes acts, price fixing for poultry and specialty crops, labeling mechanisms, and consolidation impacts on small farmers.

OSHA Releases Walk Around Final Rule

On March 29, OSHA issued its worker walkaround final rule which allows third parties to accompany OSHA inspectors on facility inspections. Many organizations are pushing back, citing that it negates OSHA’s credibility as a neutral enforcement agency, discourages employer cooperation in the inspection process and disregards employer property rights. The rule is set to go into effect on May 31, 2024.

USDA Rolls Out Energy and Fertilizer Production Funding

USDA announced an investment of $124 million toward renewable energy and fertilizer production projects across 44 states. The money will be used in efforts to lower energy costs and create jobs for domestic farmers, ranchers, agricultural producers and rural small businesses. Of this funding, $120 million will go toward the Rural Energy for America Program (REAP), and $4 million for the Fertilizer Production Expansion Program (FPEP).

Notable News

• Ohio is Poised to Power the Next Generation of Flight – Toledo Blade
• Addressing Misinformation About the Dietary Guidelines for Americans – American Journal of Clinical Nutrition
• The GOP is freaking out about an industry that doesn’t even exist yet – Washington Post
• Despite Recent Headlines, Urban Farming Is Not a Climate Villain – Civil Eats
• Interest in agriculture is growing — but equipment and land costs make becoming a farmer hard – Nebraska Public Media

This Week’s Legislation

• Congresswoman Caraveo (D-CO) introduced the Farm Transitions Act, which would reauthorize the Commission on Farm Transitions included in the 2018 Farm Bill. 
• Congresswoman Tokuda (D-HI) introduced the Eliminating Access Barriers to Conservation Act to promote the use of voluntary conservation practices among agricultural producers in high-cost localities.
• Congressman Crenshaw (R-TX) introduced a Joint Resolution providing for congressional disproval of the rule submitted by the Environmental Protection Agency relating to “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident Prevention”.

Upcoming Hearings

Monday April 8

• 3:30 PM: The House Energy and Commerce Subcommittee on Energy, Climate and Grid Security will hold a hearing on “Biden’s LNG Export Ban: How Rush-to-Green Politics Hurts Local Communities and U.S. Energy Security”

Wednesday April 10

• 9:00 AM: The House Appropriations Subcommittee on Legislative Branch will hold a hearing on “Fiscal Year 2025 Request for the Government Accountability Office, the Government Publishing Office, and the Congressional Budget Office”
• 10:00 AM: The House Small Business Committee will hold a hearing on “Tax Day: Exploring the Adverse Effects of High Taxes and a Complex Tax Code”
• 10:00 AM: The House Financial Services Committee will hold a hearing on “How the SEC’s Climate Rule Threatens American Markets”
• 10:00 AM: The Senate Environment and Public Works Committee will hold a hearing “to examine the state of air quality monitoring technology”
• 10:30 AM: The House Appropriations Subcommittee on Energy and Water Development, and Related Agencies will hold a Member Day hearing.

Thursday April 11

• 9:30 AM: The House Education and the Workforce Subcommittee on Workforce Protections will hold a hearing on “Unlocking Opportunity: Allowing Independent Contractors to Access Benefits”
• 10:00 AM: The House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies will hold a Member Day hearing
• 1:00 PM: The House Oversight and Accountability Committee will hold a hearing on Oversight of the Food and Drug Administration

Contact the Team

Feel free to contact Michael Torrey, Tara Smith, Cassandra Kuball, Barbara Patterson, Katie Naessens, Caroline Snell, Danielle Nelson, Julie McClure, Ashley Smith, Olivia Lucanie, Heath Brandt, Tracy Boyle or Matthew Hughes with any questions or comments.

Food and agricultural organizations that need the right results in Washington, D.C. can trust Torrey Advisory Group to put its relationships, reputation, and expertise to work on your issue. Since 2005, the firm has successfully provided legislative and regulatory guidance, issues management, and association management services to a wide variety of clients. Learn more about us at torreydc.com.