National Affairs Update – July 26, 2023

Amy Beckham
Hello, everyone, and welcome to Farm Bureau on the Hill. I’m Amy Beckham and joining me for this week’s podcast is from our Public Policy Division, Kristen Walker. And this week, our podcast is all about national affairs. And so you’ve probably listened to this podcast and only heard kind of about state agricultural issues. But today we’re switching gears and talking about national issues. So Kristin, for the first time, welcome to the podcast.

Kristen Walker
Thanks, Amy. I’m excited to be here and get to kind of go to a new Hill, if you will.

Amy Beckham
Yep.

Kristen Walker
Farm Bureau on Capitol Hill.

Amy Beckham
Yeah, you will a different Hill for sure. And we also have with us for our listeners, Grace Powell, who is our communications intern. So you’ve probably heard her on the radio Tennessee Home and Farm Radio a couple of times. But she’s joining us today to gain some experience, and Grace we’ve enjoyed having you this summer. But welcome to the podcast officially.

Grace Powell
Well, thank you. I’m excited to be able to talk about some of these issues.

Amy Beckham
Very good. So Kristin, let’s just jump right in. We’ve got a lot to talk about today.

Kristen Walker
Yes, we do

Amy Beckham
And if you were a part of it, or saw on social media whatsoever, but one big event that happened this summer. That was a lot of your time, Kristin, in preparation for it but the Farm Bill listening session, which was about a month ago now. But

Kristen Walker
bout of exactly a month.

Amy Beckham
Yeah. Which is hard to believe.

Kristen Walker
Yeah, crazy. It was such a good time, we had so much fun getting to host the House Ag Committee Chairman GT Thompson, along with Representative Jonathan Jackson from Illinois. And then of course, our two members of the House Ag Committee here in Tennessee, Congressman John Rose and Scott DesJarlais We had them here for two days, which flew by we packed about as much as we possibly could into two days when they were here. And we were happy to host them here in Tennessee out in Lebanon, where we had about 275 people from across the state and neighboring states attend. And we got to hear from about 28 different people who testified on you name it any different type of topic as it relates to the farm bill, including base acres, livestock risk protection issues, conservation programs, the nutrition title, broadband, and many, many others, we were really excited to get to show those members the diverse nature of how the Farm Bill affects those here in Tennessee, but also in our neighboring states like Kentucky, Mississippi, Alabama, and others. So we were really, really excited about that.

Amy Beckham
And if you miss that we know obviously a lot of y’all were there. But if you missed it, you can go to our website, tnfarmbureau.org. And under our video section, there’s a live category. And we recorded that entire listening session. So if you’re curious, you want to listen, it is about three hours long just to prepare you in advance. But it is available on our website, as well as our YouTube channel if you want to go back and hear those folks who testified as well as the congressman.

Kristen Walker
Yes, yes, we covered lots of really pertinent topics. And we got to hear some really valuable information from those members and how they feel about different topics as well. So yes, definitely if you need a good listen, in a car ride or on a while you’re doing laundry or something. It’s a great way to do that for sure.

Amy Beckham
And while they were here, they also went on some tours, so you wanted to them to get a little taste of Tennessee agriculture. So talk about some of those, those stops that they were able to take

Kristen Walker
Yes, we definitely filled the rest of their time up while they were here for two days. We were happy to take them to Anderson Meats and Processing and Hartsville to see a really valuable addition to the meat processing industry here in Tennessee as we know that’s been a really important issue for a long time as to adding more of those around the state. And so we were happy to show them one that was successful and was started by a farmer that saw a need in his area and made it happen. So we were really happy to do that. We also got to visit Catesa Farms in Riddleton that has a very vast row crop operation there and you their experience with crop insurance and different different parts of that. We also took them to Riverbend Nursery in Franklin with Steve Bennett and got to visit with him and see how they operate. Then also got to go to the Nash Family Farm and Creamery in Chapel Hill and see some dairy which was great for Chairman Thompson because he’s a dairy guy himself. And then something kind of very prideful for Tennessee one of our pride and joys we got to take them to walking horse stables Alan Callaway’s the stables in Shelbyville was gracious enough to host us there and show off a really unique but important industry for Tennessee. And then we rounded out the day at Jack Daniels distillery Lynchburg, another Tennessee staple.

Amy Beckham
Some very good stops for those folks to say the least. So a lot of people are probably wondering now after that big ol event, to say the least, where does this leave us with the Farm Bills progress? That’s the million dollar question, I would say but what can you update us on on that question?

Kristen Walker
Well, as the name of the session kind of entails, we’re in this listening period where Chairman Thompson in the House Ag Committee and Chairwoman Stabenow in the Senate Ag Committee are really just taking in as much information as possible, just absorbing everything they can about what’s working, what’s not working, and what needs to be changed in this upcoming Farm Bill. And so right now, we’re in that area of there, they’re still writing the Farm Bill. We haven’t seen a draft yet come out of either one of the chambers yet, but what we like to call the four corners in Congress, which is the House Ag Committee Chairman GT Thompson, ranking member David Scott, and Senate Ag Chairwoman Debbie Stabenow and Ranking Member Bozeman in the Senate, those four are proceeding with the goal to get a Farm Bill passed this year, which is exactly what they need to be doing. Those are the leaders and for them to continue to strive to be on time is exactly where we need to be. But there are only still a few certain number of days left in the year to get a bill passed and to get that done. So if you asked me what my farm bill crystal ball says, I would probably guess that we’re looking at some sort of extension, perhaps into the spring just being realistic, there’s been a lot of these multi year bills that are being reauthorized this year. And they’re taking some time. So and the Farm Bill is one of those. And so what we’re hearing is that that’s likely for we’re likely to see an extension be granted for the Farm Bill programs and look into 2024 for the finalized bill. But as we’re doing that, it’s it’s just as important as ever to for all of our members to just to share the importance of getting that Farm Bill passed. We all know that it’s probably the most significant piece of legislation in the agriculture industry, that we know. And so and we need to make sure our members know that. So, share, share, share your stories about what how the Farm Bill impacts you. And if you need help doing that American Farm Bureau just recently launched a nationwide campaign called Farm Bill for America’s Families, where they’re sharing lots of really great statistics and stories and would just really encourage anybody to take a look at their website, which is titled Farm Bill for America’s Families, and join in on that effort.

Grace Powell
I know that the Farm Bill affects a lot of farmers all across the state. So Farm Bill is something that’s very near and dear to our hearts. But I know agriculture’s had their eye on Supreme Court several times this past couple of months. I know I’ve heard a lot about the WOTUS. Can you tell us more about that? And what other reasons why agriculture has been in within the Supreme Court here recently?

Kristen Walker
Well, Grace, do you want the good news or the bad news first?

Grace Powell
Let’s hear the good news first.

Kristen Walker
Good plan. Good plan. So one topic that has been front of mind for landowners across the country here in recent years is the conversation surrounding Waters Of The US or everyone’s favorite acronym WOTUS. And it seems that every single administration, from Obama to Trump to Biden has redefined their own version of what Waters Of The US should mean, under the Clean Water Act. And every single time an administration has come up with their interpretation of it, it seems to go back to the courts and be challenged and have to go back to the drawing board. And the same can be said for the Biden administration. Back at the beginning of 2023. The Biden administration published their final rule, their final interpretation of what waters are subject to jurisdiction under Waters of the US. And we saw some challenges with that, at the same time, as the Biden administration published their final rule. The Supreme Court was deliberating on a case called Sackett versus EPA, which essentially was challenging how much jurisdiction the EPA has on waters f the US also. And we were very excited when the Supreme Court finally came out with their ruling in favor of the Sackett family. In this case, they voted unanimously against using what the EPA created called the Significant Nexus Test, which was something that was created within the rulemaking process. It’s not in the Clean Water Act anywhere. And essentially what that did was allow EPA to have a really broad scope of what significantly affects Waters Of The US so it’s Essentially, your little stream that you create in your front yard that comes whenever it rains, could essentially, if it has a quote significantly affects a water a navigable water or waters of the United States, then it could be under their jurisdiction. And the EPA said, You can’t do that. That’s not within your scope. And that was a huge win for them to be unanimously in agreeance. On that, one fact, we were really, really excited to see that in their judgment, they kind of hit the hammer hard on EPA, when it comes to that rule, or that test that they created. And then they also within the same ruling, went back and clarified the Waters Of The US definition. And what scope the EPA has on jurisdiction of wetlands to be a lot more clear that was another part of the Waters Of The US rule is that it’s really hard to know what waters qualify and what don’t, you don’t, you almost have to hire a team of lawyers to know whether your waters qualify or not. And so they went back through and made some important points of clarity, and gave us a little bit more of a direct guideline as to what should be what should count as the Waters of the US. And so this was all a huge win for landowners, we were very, very excited to see this happen, and for the Supreme Court to really establish some guidelines and set some precedents. But now the EPA just has to go back to the drawing board again. And we just have to wait and see what they come up with as a response to what the Supreme Court told them they should or shouldn’t be doing.

Grace Powell
So related to that, what is Farm Bureau doing to ensure that these new rules align with what farmers ranchers are needing?

Kristen Walker
Well, so just recently, American Farm Bureau is part of one of 45 organizations that are members of a national what they call Waters Advocacy Coalition. And this group just recently outlined their recommended changes to the Biden administration in a letter saying essentially, that the EPA needs to follow what the Supreme Court told them to do. And that and gave them some clear guidelines for what this group of waters, the Waters Advocacy Coalition feels that that should go into this new rule as EPA is drafting it. And if you’re interested in reading this letter, there’s a link on our website we can provide for that. And it’s just a way to really establish where the agriculture industry and other folks sit as far as the Supreme Court’s ruling and how the EPA should address it. And so we’re waiting with bated breath to see what they come up with regarding all of this input.

Grace Powell
So you mentioned before that there was some bad news, what does all that entail?

Kristen Walker
Well, of course,the Supreme Court gave us gave us an olive branch, but then they had to have some balance and take another olive branch from us. And that was regarding California’s Proposition 12. Legislation, the Supreme Court decision what the Supreme Court decided to uphold California’s Proposition 12 rule that they passed in 2018. And what this does is require pork that’s sold in the state of California to come from hogs born to a sow housed and grown in a very specific way, which is really strays from what current our current industry standards.

Grace Powell
So what exactly does that mean for pork producers.

Kristen Walker
So California has around 13% of the pork market 13% of pork grown in the United States goes to California. And with this rule with this Proposition 12, though, that pork would have to follow no matter where the pork is grown, it has to follow California standards in order to be sold in that state. Because of this, we also know that about 8% of producers are compliant with these rules that California set forth for how hogs should be housed. So the other 92% of pork producers that don’t currently comply with California’s Proposition 12 rule, it’s going to cost them 1000s of dollars to get their infrastructure up to standard to purchase what they need to purchase to get there to get their housing, to get their pork housing in the way that it should be. And we just because of this pork producers across the country will have to bear costs in excess of 1000s of dollars, if not more in order to upgrade their their facilities to meet these standards. So because of that Congressman Ashley Hinson from Iowa introduced a bill called the in the Ending Agricultural Trade Suppression Act, which cleverly is referred to as the EATS act in late June. And this bill focuses on the principle which the Supreme Court case was considering, and that’s whether a state or local government can interfere with the production or manufacturing of an agricultural product in another state, and how it would do that it would uphold the constitutional right to a national marketplace for interstate commerce and protect consumer choice, which is something we all can support. I think what really concerns us about this issue is that right now, their focus is pork production and how pork is raised. But pork could just be the tip of the iceberg. What commodity is next? I mean, what are we looking at? How are they going to regulate beef? Or how are they going to regulate poultry in the future, and that we just don’t want this to be the tip of the iceberg where then states try to follow the same rule and dictate how how commodities are produced across the board?

Amy Beckham
Yeah, that’s a big fear moving forward to say the least. And something definitely keep us posted on and something we need to be following, especially for pork producer, I would say,

Kristen Walker
Yes

Amy Beckham
You’ve got some big concerns right now. But going back to the EPA, EPA has been in court and lost regarding their non compliant with the Endangered Species Act. So tell us a little more about what we need to know regarding that act. A lot of you have probably heard about that act various times through the years feel like we go back and forth on it a lot. But what’s the the latest and greatest?

Kristen Walker
Yes, so the EPA is responsible for upholding the Endangered Species Act. And one of the elements of the Endangered Species Act is pesticide use, and its threat to those species that are either listed as threatened or endangered through the rule through the act. The EPA has been in court because they’re getting pressure from different environmental groups because they’re not in compliance with that Act and what it requires. And so in response to that, the EPA has made it really clear with us and other partners, that pesticide labels will see an increasing restrictions and mitigation measures to protect these endangered species and their designated habitats, from pesticide use as part of this compliance plan. They’ve back in 2022. They came out with an endangered species act work plan that established how they plan to get into compliance as it relates to pesticide use. And they their plan is to move and move quickly to get it finalized, because they want to get out of the courts. They want the they don’t want to be pressured by the court. And so their plan is to finalize this strategy by the end of March 2024. And what this means is that we want our farmers at Tennessee Farm Bureau to be sure they are reading labels carefully, that they’re consulting the EPA is bulletins live to website within six months prior to pesticide application. Even if you’re not in a pesticide use limitation area and maintain pesticide application records that include this bulletin to keep on file because we just want to make sure as they’re planning the strategy going forward that our farmers are is preventing leap legal repercussions as much as possible. And if you need more information about all of this, it’s developing all the time, we’re seeing rules and come out on the federal register all day every day regarding different pesticide registrations. But you can find more information on our website and search EPA in the search bar. And it will take you directly to some more information regarding these new pesticide registrations. And we’re keeping a close watch with what’s happening. We’re working with the University of Tennessee, we’re working with American Farm Bureau and other commodity partners to make sure we’re all on the same page. We’re all keeping track of what’s happening to ensure farmers can still utilize the crop protection products they need so desperately, that we know are so important to our producers across the state. But we’ll keep you posted as its develops. But just want to make sure that those of you out there that are registered applicators, our our certified applicators are paying attention to what’s happening.

Amy Beckham
All right. So if you’re still listening, that has been a lot, the least but very informative and very important for farmers. But before we close, we want to finish on a high note.

Kristen Walker
Yes,

Amy Beckham
It seems like since January, we’ve continuously saw more MOUs on Right to Repair which basically means that farmers can repair their own farm equipment which is really really good news for our farmers. And it’s definitely Special thanks to the American Farm Bureau for kind of spearheading that and signing those MOUs and trying to really take hold of of this effort and so give us the latest and greatest on some of those right to repair MOUs and and kind of let’s just end on a high note.

Kristen Walker
Yes, we got a little bogged down on some issues that aren’t quite as fun but this one hopefully is so obviously we all know right to repair has been an issue for farmers for a long time being able to repair your own equipment with all of the new technology that goes into ag equipment. And finally, it seems that we’ve hit some leaps and bounds on being for farmers to be able to do that in your own barn and so AFBF has signed memorandums of understanding with now five separate dealers, which actually pan out to be three quarters of ag machinery sold in this country. Those include John Deere, Case New Holland, AGCO, Kubota, and Claas these agreements, what they do is create a framework for farmers and independent repair facilities in all 50 states and Puerto Rico to access technical manuals, tools and product guides to self diagnose and self repair machines, which is something we know our farmers are really passionate about. They want to be able to pull their tractor into their own shop and fix it instead of having to take it down to the dealer. And their plan is to do this in these memorandums of understanding without forgetting to respect intellectual property and legal requirements of the manufacturer. So we’re really excited to see all of these develop. And we’re in the still in the early phases of seeing these actually pan out. But I know we were in DC a couple of weeks ago, and they were having a meeting, John Deere was the first one to sign on to an MOU. And after six months of signing on these MOUs AFBF is sitting down with each of these retailers and giving them an update and seeing how it’s working for them, and telling them how farmers are reacting to it. And so they’re keeping them on their toes and making sure not only are they signing these MOUs, but let’s they’re checking back in to make sure they’re actually doing what they should be doing.

Amy Beckham
And I would say correct me if I’m wrong, Kristen, but if you are a farmer that I’ve seen the benefit from this MOU, please let us know, because we want to be able to communicate that to American Farm Bureau as well. And for that matter if you have seen it not be of benefit, like you thought let us know as well, because we want to make sure that this is working or for sure American Farm Bureau wants to make sure that it is working. As Planned.

Kristen Walker
Yes. And they have a direct line to these retailers and want to hear those personal stories of whether or not how it’s working well and if it needs to be tweaked how it needs to be tweaked. So yes, absolutely reach out to us.

Amy Beckham
Very good. Well, Kristin, thank you for that lengthy but great update.

Kristen Walker
There was a lot to cover, but I think we got it

Amy Beckham
There was and you did a great job. First time on the podcast you excellent job, and Grace thanks for stepping in and asking some of the questions before we close, I am going to put you on the spot and tell you or ask you what your favorite part of the summer has been. So if you’re still listening, Grace is about to leave us. She’s been with us all summer as our intern. But Grace, tell us a little bit about what you’ve enjoyed this summer and kind of what you’ve found fun or maybe not so fun.

Grace Powell
Yeah, I definitely think that of being able to intern here for the summer, I’ve been able to see all the different parts of Tennessee agriculture, and being able to travel across the state be able to actually have one on one conversations with our farmers that represent the state of Tennessee and being able to hear their story and be able to share that at our Young Farmers Conferences and then getting ready for Presidents Conference. So just being able to see all the different integral parts of Tennessee farming and being able to truly share those people’s stories.

Amy Beckham
And if you do go back and watch the listening session, Grace is the one behind the camera. Thank you all both for being here. Thanks for that lengthy update. Thanks for being with us and listening and hopefully you have some insight into some of the National Hot topics that relate to agriculture. So have a great week and we will see you next time.