For the Week Ending February 4, 2022

CALIFORNIA COURT ISSUES FINAL ORDER DELAYING IMPLEMENTATION OF PROP. 12
The Superior Court in Sacramento Co., CA, on Wednesday issued its final judgment delaying enforcement of the state’s Proposition 12 prohibition on the sale in California of pork from hogs born to sows raised anywhere in housing that does not meet the state’s arbitrary standards. While the court issued an initial ruling last week, its final judgment and amended order clarified that its protective writ and declaratory relief apply to anyone who would otherwise be subject to enforcement. The court also made clear that implementation of final regulations is a necessary step before enforcement of the initiative. In the litigation, several California business groups, including the Hispanic Chamber of Commerce and ones representing restaurants and grocery stores, asked the court to postpone enforcement of Prop.12, which took effect Jan. 1, until after implementing regulations are finalized. The California Department of Food and Agriculture has yet to issue rules for Prop. 12 despite a Sept. 1, 2019, statutory deadline. The judge in the case delayed Prop. 12’s effective date to 180 days after regulations are finalized. In the meantime, NPPC and the American Farm Bureau Federation are still waiting for a decision from the U.S. Supreme Court on whether it will consider their case challenging Prop. 12. The agricultural organizations argue that the voter initiative violates the U.S. Constitution’s Commerce Clause, which limits states’ ability to regulate commerce outside their borders. A decision is expected soon.

LAWMAKERS ASK FOR ‘FLEXIBILITY’ ON COVID VACCINES FOR FOREIGN FARMWORKERS
A bipartisan group of House members is asking the U.S. Department of Homeland Security (DHS) to be flexible in re griculture Secretary Tom Vilsack this week announced that USDA is working with the Port of Oakland in California to increase capacity for shippers of U.S. agricultural commodities. The agency and the port will set up a new 25-acre “pop-up” site by early March to prepare empty shipping containers. Agricultural exporters will have easier access to the containers, restoring shipping services to agricultural products while relieving congestion, according to USDA. The new site also will have a dedicated gate with the ability to pre-cool refrigerated shipping containers to receive perishable commodities while avoiding bottlenecks that would have resulted from entering the main area of the port. Fewer containers have been made available for U.S. agricultural commodities as many ocean carriers have rushed empty containers back to their ports of origin to be refilled with more imports bound for the United States. NPPC is supporting the “Ocean Shipping Reform Act of 2021,” which addresses many of the issues causing problems at the country’s shipping ports. The House in December approved the bill on a vote of 364-60. A companion bill was introduced Thursday in the Senate. NPPC has been working with Congress on the legislation. 

USDA TO HELP INCREASE SHIPPING CAPACITY AT PORT OF OAKLAND
Agriculture Secretary Tom Vilsack this week announced that USDA is working with the Port of Oakland in California to increase capacity for shippers of U.S. agricultural commodities. The agency and the port will set up a new 25-acre “pop-up” site by early March to prepare empty shipping containers. Agricultural exporters will have easier access to the containers, restoring shipping services to agricultural products while relieving congestion, according to USDA. The new site also will have a dedicated gate with the ability to pre-cool refrigerated shipping containers to receive perishable commodities while avoiding bottlenecks that would have resulted from entering the main area of the port. Fewer containers have been made available for U.S. agricultural commodities as many ocean carriers have rushed empty containers back to their ports of origin to be refilled with more imports bound for the United States. NPPC is supporting the “Ocean Shipping Reform Act of 2021,” which addresses many of the issues causing problems at the country’s shipping ports. The House in December approved the bill on a vote of 364-60. A companion bill was introduced Thursday in the Senate. NPPC has been working with Congress on the legislation. 

SUPPLY CHAIN ISSUES ADDRESSED AT VIRTUAL INTERNATIONAL CONFERENCE
NPPC Assistant Vice President of International Affairs Maria Zieba this week addressed supply chain and trade issues affecting the U.S. pork industry at the Washington International Trade Association’s 2022 conference. The virtual event, titled “Solving Supply Chain Disruptions,” looked at, supply chain constraints, including delays at ports and labor shortages. In addition to Zieba, among other speakers were the ambassadors to the United States from Canada, the European Union and Japan and Deputy U.S. Trade Representative Sarah Bianchi. NPPC was a sponsor of the event. (Click here to watch the conference.)

COMMITTEE LOOKS AT LIVESTOCK’S ROLE ON SUSTAINABILITY, CLIMATE CHANGE
The House Committee on Agriculture’s Subcommittee on Livestock and Foreign Agriculture Thursday held a virtual hearing on the livestock industry’s role in sustainability and climate change. Panel Chairman Jim Costa (D-CA) said “agriculture has an important role to play in addressing climate change … agriculture is positioned to make a meaningful contribution toward reducing and offsetting emissions.” Ranking Member Dusty Johnson (R-SD) agreed but pointed out that farmers and ranchers have over the past several decades significantly reduced emissions while producing the same amount of or more food, using much fewer resources. Livestock producer witnesses testified about solutions and technologies the industry is developing and using to become even more sustainable and to further reduce livestock’s environmental footprint. NPPC has offered the U.S. pork industry as a model of sustainability, with its small carbon footprint – compared with 50 years ago, it uses 76% less land, 25% less water and 7% less energy – and cycle of converting feed to meat and using manure to produce feed. (Click here to watch the hearing.)

PROGRAM ESTABLISHED TO ALLOW UNDER-21 CDL TRUCKERS TO DRIVE INTERSTATE
The Federal Motor Carrier Safety Administration (FMCSA) has established an apprenticeship pilot program that will allow drivers between the ages of 18 and 20, with an intrastate commercial driver’s license, to operate interstate under specific conditions. Currently, 49 states and the District of Columbia let under-21 CDL drivers haul freight intrastate, but federal law prohibits them from driving across state lines. Such drivers also are prohibited from hauling freight intrastate if it originates from out of state. The FMCSA was required to set up a pilot program – the Safe Driver Apprenticeship Pilot Program – by the 2021 Infrastructure Investment and Jobs Act (IIJA). This week, the agency launched a website for the program, which includes the Federal Register notice about the program and basic information about the IIJA requirements. The FMCSA will continue to build out the site and plans to post FAQs about the pilot program by the end of the month. NPPC is supportive of legislation – the bipartisan DRIVE-Safe Act – backed by the trucking industry that would allow CDL drivers 18 and older to transport freight interstate.

FSIS TO SURVEY CONSUMERS ON ‘PRODUCT OF USA’ LABEL
USDA’s Food Safety and Inspection Service (FSIS) announced this week it will survey consumers on the “Product of USA” label on pork and beef. The web-based survey will help the agency better understand consumer perceptions about the label. FSIS will survey around 4,400 English- and Spanish-speaking respondents to determine if consumers notice the label, if they understand it and how much they are willing to pay for products labeled as “Product of USA.” FSIS is taking public comments on the survey plan through April 4. (Click here to submit comments. To read the Federal Register notice about the survey, click here.)

WHAT’S AHEAD

CARSON TO BE COMMUNICATIONS CHIEF FOR IOWA AGRICULTURE
Capital Update usually doesn’t report on personnel matters about NPPC staff leaving the organization, but an exception is being made for Chloe Carson, director of digital communications. That’s because Carson is saying farewell after five years with NPPC to become director of communications for Iowa Agriculture Secretary Mike Naig and the Iowa Department of Agriculture and Land Stewardship. (Friends in high places!) Good luck, Chloe!