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Regina Weiss

Regina Weiss

Posted: December 16, 2010 03:11 PM

There was excitement in the sustainable food community and trepidation among at least some Agribusiness CEOs back in 2009 when Attorney General Eric Holder and USDA Secretary Tom Vilsack announced a year-long public look at antitrust issues in farming and food production. Those hearings, or workshops as the agencies called them, came to an end last week in Washington, DC.

All told, more than 15,000 farmers, advocacy groups, and businesses submitted written comments. Hundreds of people attended each of the five public hearings held around the country since March. Now the question is whether any political will exists to strengthen regulations and enforce the antitrust laws that are supposed to protect Americans against unfair business practices.

After all, it was political pressure, pure and simple, that led to the announcement of these hearings. Given the new alignment of Congress, and with people like Senator Russ Feingold of Wisconsin, who pressed for the investigation of anticompetitive practices, now out of a job, it's anyone's guess what to expect.

The good news is that USDA and the Department of Justice have tremendous rulemaking and enforcement authority, respectively, and do not need congressional buy-in to act. The bad news is that they've had this power for a very long time and have failed to use it to prevent the extreme monopolization we have today in our food system.

To be fair, the Department of Justice under Attorney General Holder did file an antitrust lawsuit aimed at preventing further monopolization in the milk industry. However, with Senator Feingold gone, the impetus for that line of attack may well be gone as well. Besides, the lawsuit may not prove effective and, more to the point, the Department of Justice has sidestepped calls for a concerted campaign to halt anticompetitive practices in food production.Many people, myself included, believe that what's needed is a strategic plan for reversing statistics like those below, which were offered by none other than Tom Vilsack himself at the D.C. meeting this month, statistics he called "warning signs."

  • In 1980 there were roughly 667,000 pork producers in the United States. Today, there are 67,000. So 90 percent have gone out of business in the past 30 years;
  • Roughly one-tenth of 1 percent of U.S. farmers produce 85 percent of our food [I know I'm not the only person who finds that terrifying]; and
  • 1.9 million of the 2.2 million U.S. farmers left today are either losing money or making an average of about $6,400 in a "good" year.


As Vilsack pointed out, "That isn't enough to support a family."

According to Roger Bernard, who lived-blogged the December 8 hearing for AgWeb, Holder told the crowd that information gathered from the workshops, "will feed into enforcement policies," an assertion I find way too vague to inspire any confidence. Bernard also reported that Vilsack "took issue with [the idea that] the propagation of poultry marketing rules [is] about the only thing that could be really observed from these workshops. . . . and denied this has been merely a 'hand-holding' effort for small producers." Again, this hardly inspires confidence that these federal agencies will use their considerable power to create transparency and fairness in food production and marketing, or to in any way strengthen democracy in our food system.

For some that may not matter. AgWeb editor Greg Vincent, who grew up on a farm and whose business it is to know what his audience of farmers thinks, told me that me that from what he sees, most have greeted the USDA/DOJ hearings with a shrug.

"For most of them, it's just not relevant," he said. "It's important to understand that farming is a business. Technology has made farming more efficient, which means you need fewer farmers and it's more profitable. Most farmers don't think that anything the government does is going to be helpful in making a profit."

Fair enough. It is also true that, while DOJ and USDA act independently of Congress, newly empowered House Republicans, who've already made known their intention to hold investigative hearings on anything they don't like, will not be inclined to let increasing regulation or oversight of agribusiness go by without raising a ruckus. And then there's the constantly reinforced skepticism most of us feel as to whether our government can get anything right.

Still, there are the farmers and consumers who do want government to act, who are looking for the "fair and competitive marketplace that benefits agriculture, rural economies and American consumers," that Vilsack said, back in 2009, were the goal of these hearings.

And then there are people like Kay Doby, former president of the North Carolina Contract Poultry Growers Association, who've found that contracts they entered into on good faith not worth the paper they were printed on. There are dairy farmers like those in Vermont who had to hire their own lawyers to enforce anti-trust laws. There are the corn and soy farmers who are terrorized by Monsanto's deep pocket slash and burn lawsuits. And there are people like me and many of the 16,000 members of the food coop where I shop, who are willing to put in several hours of unpaid labor each month just so we can afford to buy food that's plain and unprocessed and whose origin we can largely know. For our sake, I can only hope the USDA/DOJ hearings were more than a dog and pony show.

But no, I can do more than hope. I can continue to demand that the government act against bad players and enforce the law of the land even if it sometimes feels like spitting into the wind.

 

Follow Regina Weiss on Twitter: www.twitter.com/@reginagroks

 
 
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02:02 PM on 01/22/2011
Thanks for this article, Regina. Scott Marlow of http://www.rafiusa.org/ gave a great presentation yesterday at the Southern Sustainable Agriculture Working Group conference on this topic and on the need for anti-trust regulation and/or legislation across the industry. Keep writing about this and spreading the word! We need to put pressure on government and our legislators. We also need to be organizing and preparing for the 2012 Farm Bill.
01:20 PM on 01/03/2011
Hi cleanbeach - thanks for taking the time to read and respond. And for the hopeful message, which is particularly appreciated in freezing, snowy Brooklyn! Another interesting twist that I have just become aware of is a push to eat local invasive species - i.e., kudzu in the south, asian carp in the north and elsewhere. Happy New Year!
01:30 PM on 12/23/2010
Down here from Northeastern Florida (and hopefully many other parts of the country) there are some hopeful “green shoots” to nurture in the coming drought of partisan politics storming at the expense of what is healthy for the nation. The farmers’ markets are bustling, the supermarket shelves contain some local and seasonal and organic foods, the air waves have more local and national spots about healthy eating, growing your own, the child nutrition act contains language about using local produce and so much more. It is no longer wacky to buy cage free organic eggs or hormone free foods. Keeping the “appetite” growing for all of these things can shame our legislative reps and government officials into doing the right thing for a healthy country and farming industry, as recently witnessed in the not-so-lame-duck session of congress. Articles like this provide some necessary sunshine.
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HUFFPOST SUPER USER
Over40
03:52 PM on 12/22/2010
That 1% of producers control 85$ of the food output is terrifying on another level as well because those 1% are the factory farms that produce food with only one thought in mind - to produce the highest level profit - without a care in the world about either the consumers who eat it or the short, tortured lives of the animals they mass produce or the communities and environments they destroy. The only weapon we have against this is as consumers - we have to go to the considerable trouble to stop buying their food. BOYCOTT.
08:18 AM on 12/23/2010
Hi Over40 - I certainly agree that we have power as consumers and for those of us who have a choice (which isn't everyone given cost and availability issues) it is a good thing to boycott industrial food and support clean food with our food dollars. But I do think there is also a role for us as consumers/constitutents/voters to pressure our government to do more to shut down these polluting, animal torturing businesses that, as you correct point out, care only about profit. Thanks for reading and writing.
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Over40
06:54 PM on 12/23/2010
I absolutely agree we all need to apply pressure (every which way we can) to shut these factory farms down. Thanks for writing.
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12:40 AM on 12/21/2010
Thanks for continuing to talk about this here Regina.

I have to admit, I don't have much hope for any results from these meetings. I have more faith in a small but growing number of consumers concerned with food sustainability than I do the government at this point.
08:47 AM on 12/21/2010
Yes, I certainly have more faith in consumers (at least those who are aware of what they are eating) than government in general and it's essential to help more people become more aware of what's behind the stuff on their fork but, as Wenonah Hauter of Food and Water Watch has said, I believe correctly, we can't shop our way out of this mess. Thanks for reading and writing. Regina
HUFFPOST COMMUNITY MODERATOR
raptor
08:46 PM on 12/19/2010
And while I'm at it:
http://www.abc.net.au/tv/bigideas/stories/2010/11/30/3076695.htm#comments has a passionate address by India's Dr Vandana Shiva for the 2010 City of Sydney Peace Prize Lecture, "in which she lambasts global corporations for waging war against nature in the name of profits."
HUFFPOST COMMUNITY MODERATOR
raptor
08:37 PM on 12/19/2010
Is this on topic?
http://www.abc.net.au/tv/bigideas/stories/2010/12/03/3083839.htm has a very passionate address by Joel Salatin.
09:11 AM on 12/20/2010
Thanks for sharing these clips raptor. Joel Salatin has more guts than most anyone I'm aware of and Vandana Shiva too, is incredibly courageous, as well as inspirational. Regina
06:36 AM on 12/18/2010
The biggest problem with anti-trust is in the meat packing industry. This has been going on for the last 30 years. Probably too late to change or have much of an impact.

The second biggest problem is that most processing and grocery store warehouses are down to 3 or 4, which limits competition as well.

The view of those of " sustainable " ag is really going back 50-75 years and throwing out the scientific advances that farmers and land grant University research has done to improve the lives of farmers and increase food production solving problems that this system has.
11:52 AM on 12/19/2010
Thanks for commenting. Honestly, if you read my August 30 post, the meattpacking problem goes back almost 100 years. Can you please say more about what scientific advances you feel the view of sustainable ag is ignoring? Regina
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HazelPethigFan
I don't know until I know
08:33 PM on 12/20/2010
In 1900 the average corn yield was about 30 bu/acre and in 2010 it's about 170 bu/acre with much much less labor. Today, soybeans are planted with no-till practices which means the the complete elimination of plows and cultivators. Thus with no-till much less fuel is used per acre no matter how much the non-farmer "experts" say on this non-farmer website written for very impressionable urban non-farmers. Erosion with no-till is much less than the obsolete practices of 75 years ago that resulted in the dust bowl. Those obsolete practices are HPost's vision "sustainable" agriculture. Way to go HPost..even the Amish now laugh at your backwardness.

Yeah...all that ag science, animal science, plant breeding, energy efficient equipment and Roundup are all eeevil I tells ya...eeeeeeeeevil.

Urban people should stick to reading the Village Voice.
11:56 PM on 12/17/2010
Bravo to you for trying to get this noticed on Huff post. I am deeply saddened your articles have gotten so little notice here. Sadly, I think the shouting is over, and nothing is going to change.
11:54 AM on 12/19/2010
Hi Grumpyfarmer. I'm glad to know you are still reading. I feel discouraged as well but this really is a political fight and a lot of it comes down to the fact that we need campaign finance reform so that congress is actually beholden to the public. I plan to increase my coverage of these issues and continue to look for ways to get the word out. Thanks for your support. Regina
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HUFFPOST SUPER USER
Idaho dachnik
meliorist goat lady
09:38 AM on 12/17/2010
There is no Homeland Security without food security. People need to be way more concerned about the food system our lives depend on. If your food is all dependent on the corporate system then you are not food secure, you are at the mercy of the markets where people with too much money can speculate you into starvation.
11:56 AM on 12/19/2010
Yes, that's why I keep saying I find the fact that just a few companies control almost all the food that gets to market terrifying. I believe that if most people understood that one fact, they'd be pretty scared as well. It's almost as though a few big corporations were in charge of whether we have air to breathe. Thanks for reading and writing. Regina