TSCRA Government News, June 12, 2009

TSCRA Government News

June 12, 2009

               Special session should include eminent domain
                Congress should make changes to Food Safety Bill
                FY 10 Agriculture Appropriations Bill clears subcommittee
                Clean Water Restoration Act on hold in the Senate

Special session should include eminent domain

In response to Gov. Perry's announcement of a special session sometime during the summer, TSCRA called on Perry to add eminent domain to the list of issues to take up during the special session. TSCRA President Dave Scott, a rancher from Richmond, Texas, made the following statement:

"Of all the issues facing Texas ranchers today, perhaps none is discussed more than the urgent need for eminent domain reform. Members of TSCRA were hopeful during the 81st Legislative Session that important provisions would be added to Texas law that would have leveled the playing field for property owners. Despite a good effort by a group of legislators, that didn't happen.

"Texas is growing, mostly in urban areas. In 2010, Texas will take an annual census, and during the 2011 Legislative Session that census will be used to draw new state and federal legislative districts. More elected officials will be needed to represent growing cities, most likely at the expense of rural Texas. This is why we need to secure the rights of property owners now.

"Eminent domain reform is needed to preserve Texas natural resources and agriculture. Without strong protection, Texas will diminish its ability to thrive. Of even more concern, without eminent domain reform, Texans will continue to lose one of the most sacred rights we have-the right to own property. If Gov. Perry calls a special session, eminent domain should be a priority."

Congress should make changes to Food Safety Bill

TSCRA is working alongside NCBA to urge members of the House Energy and Commerce Committee to address unresolved issues in a proposed food safety bill. The Food Safety and Enhancement Act of 2009, introduced by Congressman John Dingell (D-Mich.) and Rep. Henry Waxman (D-Calif.), would pose a myriad of unintended consequences, especially for the meat industry which is regulated by the U.S. Department of Agriculture (USDA).

The bill would authorize the Food and Drug Administration (FDA) to conduct on-farm inspections, undermining the USDA's regulatory authority in ensuring the safety of meat and poultry products. The FDA does not have the money, employees, or expertise to properly oversee the livestock and poultry industry.

Additionally, the bill would require FDA to create a tracing system for the complete pedigree of all food, including meat which is not regulated by the FDA. This type of on-farm system would incrase production and technology costs for cattle producers and would be overly burdensome for both producers and the FDA.

The bill would also give the FDA the authority to create farm safety standards, including manure use and animal control-which are outside the expertise of the FDA, and already handled by several other regulatory bodies, including the EPA, the Department of the Interior and USDA.

The bill goes further to grant the FDA authority to quarantine a geographical area during a food health emergency. Giving FDA this type of authority would only serve to confuse and disrupt the strong food-emergency response process that has been handled for decades through a collaborative effort between USDA, the Department of Homeland Security and the states. The bill could also open could open up the door for mandatory meat recalls by the FDA. Currently, USDA operates a very successful voluntary recall process.

The Food Safety and Enhancement Act of 2009 passed by voice vote out of the House Energy and Commerce Subcommittee on Health June 10. It was stated during the markup that Committee members will continue to work on areas of concern with the legislation before it goes to the full Committee for markup next week.

FY 10 Agriculture Appropriations Bill clears subcommittee

The Fiscal Year 10 Agriculture Appropriations Bill was cleared this week by voice vote by the House Appropriations Subcommittee on Agriculture. The bill is scheduled for markup in the full committee next Thursday, June 18, before it heads to the House floor, likely the week before July 4 recess. As of now, the bill does not contain funding for a National Animal Identification Program.

TSCRA supports a voluntary animal identification program and will continue monitoring the FY 10 Agriculture Appropriations Bill.

Clean Water Restoration Act on hold in the Senate.

The Clean Water Restoration Act, introduced by Sen. Russ Feingold (D-Wis.), has been referred to the Senate Environment and Public Works Committee; however, the committee continues to delay action on the bill.

This is good news for cattle raisers.

Currently, waters under the jurisdiction of the Clean Water Act are defined as "navigable waters of the U.S.." The Clean Water Restoration Act would remove the word "navigable" from the definition which would give the federal government, for the first time, the power to regulate all waters within a state including: small and intermittent streams, mudflats, sloughs, mud holes, wet meadows, playa lakes, natural and manmade ponds including stock ponds, groundwater, ditches, pipes, streets, gutters, ephemeral drainages, wet farmland, drain tiles and more.

This bill would take authority away from state governments and private property owners.

TSCRA strongly opposes this bill.