A diverse range of farm and agricultural industries is praising a bipartisan Senate letter sent today to U.S. Trade Representative Robert Lighthizer and U.S. Agriculture Secretary Sonny Perdue urging stronger international safeguards to protect U.S. exporters using common food and wine terms. Sens. John Thune (R-SD), Debbie Stabenow (D-MI), Thom Tillis (R-NC), and Tammy Baldwin (D-WI) led this effort that resulted in support from a total of 61 Senators.

The letter requests that the U.S. government enhance their common food name protections as a core policy objective in all trade-related discussions. This is a direct challenge to the European Union’s misuse of protections meant for valid geographical indications to instead block American exports of common or generic food and wine terms, such as parmesan, feta, bologna or chateau. These unjustified trade barriers harm American farmers, limit choices for consumers, and have put manufacturing jobs across an essential sector at risk.

Signers of the letter included several senators holding leadership positions on committees with jurisdiction over this issue, notably the Chairman and Ranking Member of the Senate Committee on Finance and the Chairman and Ranking Member of the Senate Committee on Agriculture. In addition, the letter also includes the Chairman of the Senate Committee on the Judiciary Subcommittee on Intellectual Property.

Farm and agricultural industries commending the letter include:

• Consortium for Common Food Names
• 墙翻伋理网址
• American Farm Bureau Federation
• North America Meat Institute
• National Association of State Departments of Agriculture
• National Milk Producers Federation
• 伋理http

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“Europe has demonstrated it will not yield in its efforts to erect trade barriers and limit fair competition from high-quality American-made food and wine products, including U.S. cheeses. A comprehensive long-term U.S. trade strategy is required to protect American farmers and food producers. The letter sent today by Senators Thune, Stabenow, Tillis and Baldwin is a critical step forward for advancing freer trade,” said Jim Mulhern, president and CEO of NMPF.

“We have watched time and again as the EU has gone well beyond protecting legitimate GIs to erect trade barriers that benefit their own producers at our expense. The recent EU-China agreement on GIs is a perfect example of how the EU abuses GIs for their own gain. We are grateful to these Senators for saying enough is enough, the U.S. must do more to ensure a level playing field for common food names, grape varietal names and traditional terms,” said Bobby Koch, President and CEO of Wine Institute.

This week many people had reported to their state’s department of agriculture that they received unsolicited packages of seeds that appear to have originated from China. As the story developed, more than 27 state’s agricultural departments published some type of message urging residents not to plant the unsolicited seeds. Over the weekend as individual departments were putting out messages of warning, there was even more work going on behind the scenes. Local, state, and federal governments were working together to sort out this issue. 

On Tuesday of this week, U.S. Department of Agriculture’s Animal and Plant Health Inspection Service released a statement with further explanation. They once again warned residents not to plant the seeds, but to report them. They also believed that these seeds were part of a scam.

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After the warning messages were put out, it was time to figure out what kind of seeds were included in the packages. According to 伋理http, with the Plant Protection program of USDA’s Animal and Plant Health Inspection Service, the unsolicited seed packets have contained several plant species.

“We have identified 14 different species of seeds including mustard, cabbage, morning glory, and some of the herbs — like mint, sage, rosemary, lavender — and then other seeds like hibiscus and roses. This is just a subset of the samples we have collected so far,” he said.

Once again, the USDA urges anyone who receives an unsolicited package of seeds to immediately contact their state plant regulatory official or APHIS State plant health director. Please hold onto the seeds and packaging, including the mailing label, until someone from your state department of agriculture or APHIS contacts you with further instructions. Because of the threat of invasive species and other concerns, do not plant seeds from unknown origins.

“Invasive species wreak havoc on the environment, displace or destroy native plants and insects and severely damage crops. Taking steps to prevent their introduction is the most effective method of reducing both the risk of invasive species infestations and the cost to control and mitigate those infestations,” Virginia’s state ag department said over the weekend.

The USDA’s Animal and Plant Health Inspection Service is working closely with the Department of Homeland Security’s Customs and Border Protection, other federal agencies, and State departments of agriculture to investigate.

Robots working in abattoirs, sky-high vertical farms, more gene-edited foods in our supermarkets, and automated farming systems could all help guarantee food supply in the next pandemic.

University of Queensland Professor Robert Henry said the technologies had all been in various stages of planning prior to COVID-19, but food producers would now be moving much faster to prepare for the next pandemic.

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Henry, who is the director of the Queensland Alliance for Agriculture and Food Innovation (QAAFI), said roboticised abattoirs and automated harvesting and production facilities would also reduce the risk of transmission of pathogens among workers but also the spread of viruses via the food itself.

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Henry said protected cropping, including vertical farms — or growing food in vertically stacked layers similar to a skyscraper building — would optimise plant growth and enable control over climate variations, chemical inputs and water resources.

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Henry said the ongoing COVID-19 pandemic made it difficult to fully assess the impact on agriculture and food supply.

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“It may seem to those of us in Western countries that the only impact on food supply has been a rush on pasta and rice in the supermarket and home-baking but the loss of income caused by the pandemic has hit some countries in Africa hard.

“We are in a situation where we have food surpluses while there has been a doubling in the number of people who can’t afford to eat — and the situation is likely to get worse.” Henry said increased investment in agricultural research and development would support enhanced food security.

This week, the United States Department of Justice filed an amicus brief in a lawsuit against Dairy Farmers of America, the United States’ largest dairy cooperative.

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In its Statement of Interest for the brief, the DOJ makes three main arguments:

1. The allegations against DFA in the case are not sheilded by the Capper-Volstead Act from antitrust laws. In other words, DFA cannot hide behind its technical status as a cooperative. If there is evidence that DFA conspired with nonexempt parties, (non-cooperatives) to act “anti-competitively against other farmers,” then “claims at issue in this case fall outside the heartland of Capper Volstead protection.” The DOJ states, “To the extent … that DFA, even when acting as a milk marketing cooperative, made agreements with non-cooperatives that would violate section 1 of the Sherman Act,” that “DFA had monopsony power and used it,” and that “it would be inconsistent with the (Capper-Volstead) Act to allow a monopsony to use (Capper-Volstead) as a shield.”
2. The Capper-Volstead Act does not insulate exclusionary acts from the antitrust laws prohibiting monopsonization. Basically, this section argues that the definition of “predatory practices” should be applied broadly as violations of section 2 of the Sherman Act, and are “therefore outside the protection of the Capper Volstead Act.”
3. The Defendants (DFA) bear the burden of proof that they are protected by the Capper-Volstead Act. Since it is DFA’s claim that they are protected as a cooperative by Capper-Volstead, they must show proof of such claims. This argument is extremely significant, because it shifts the burden of proof away from the farmers. 

According to the Organization for Competitive Markets, the Statement of Interest provided by DOJ is perhaps one of the most relevant interpretations of the Capper-Volstead Act’s intent and purpose that they have seen. The DOJ arguments clearly demonstrate that farmer and producer protection was one of the main reasons for passage of the Clayton and Sherman Acts.

Background on the Case

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The lawsuit, filed in Vermont U.S. District Court, alleges that DFA and other cooperatives agreed not to compete for each other’s farmer-members, conspired to share payment information in order to discourage competition and depress prices, and maintained those low prices market-wide by entering into supply agreements with Dean Foods and other dairy processors.

In September of 2023, U.S. District Judge Christina Reiss issued a 58-page ruling that allowed the case to move forward. The judge ruled that the farmers had provided “admissible evidence from which a rational jury could conclude that DFA management favored growth of its commercial operations and empire building over the interests of its farmer-members.”

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