Niceley, an honorary board member of the Weston A. Price Foundation (WAPF), is one of the more productive and liberty-minded legislators in the country and an effective advocate in Nashville (the state capital) not only for his own constituents but also for numerous other Tennessee residents, especially farmers. It’s common for farmers around the state to contact Niceley, a fifth-generation cattle farmer, for help instead of their own legislators if they are having an issue with a regulator or government agency, be it state or federal.

The successful legislation he has sponsored and policies he has helped implement as both a state representative and state senator have made a huge impact on small farmers and local artisan food producers and many others in Tennessee. In his latest term, Niceley sponsored successful bills legalizing the over-the-counter sale of ivermectin (Tennessee was the first state to do so), taking the sales tax off gold and silver coins, legalizing the unlicensed, unregulated sale of cottage foods not only direct from the producer to the consumer but also to third parties such as grocery stores, and establishing a state meat inspection program.

Niceley has done more to deregulate local food production and distribution than anyone in the past 15 years, enabling family farms and local artisans to have a better chance to make a living. His list of accomplishments include:

2009 [HB 720]
Sponsored bill legalizing the distribution of raw milk through herdshare agreements. In 2012 Niceley followed up on that bill by getting an Attorney General’s opinion that it was legal to distribute other raw dairy products through a herdshare agreement as well.

2012
Got an Attorney General’s opinion that farmers didn’t need a permit to sell eggs from their own farm.

2014 [SB 1707]
Sponsored a bill adopting the federal poultry exemption enabling farmers to process up to 20,000 birds a year. The Tennessee Department of Agriculture has since expanded the exemption by policy to include processing rabbit meat on the farm.

Before the bill passed, Tennessee had one of the worst regulatory climates for on-farm poultry processing in the country; during that time, the Farm-to-Consumer Legal Defense Fund (FTCLDF) received a call from a poultry farmer in Bristol, Tennessee, getting ready to move across the state line to Bristol, Virginia, because he was so fed up with the restrictive laws and policies on on-farm poultry processing.

2017 [SB 343]

Sponsored a bill adopting the federal exemption on custom slaughter and the exemption on non-amenable species. The latter exemption allows the sale of meat from animals such as bison and domestically raised deer that are slaughtered and processed at a custom facility.

2017 [SB 651]
When Weston A. Price Foundation (WAPF) chapter leader, Michele Reneau, was threatened with prosecution because the food buyers club she co-managed did not have a permit, Niceley passed a bill, exempting food buyers clubs from licensing and regulation.

2017
Received Attorney General’s opinion stating that there can be an unlimited number of owners for an animal slaughtered and processed at a custom facility and that entities such as a food buyers club can be an owner of such a custom animal.

2019 [SB 358]
Sponsored bill legalizing sales of raw butter by licensed dairies.

2020 [SB 2049]
Sponsored a bill requiring that any meat labeled as a product of Tennessee must be from an animal that was born and raised in the state.

2020 [SJR 841]
Sponsored a resolution commending the Weston Price Foundation for its 50-50 Campaign urging people to buy at least 50% of their food budget direct from the farm.

2022 [SB 693]
Sponsored the Tennessee Food Freedom Act legalizing the unlicensed unregulated sale from homemade food producers of food that does not require time and temperature control for safety, including fermented foods; these sales can be direct to consumers and also by some third parties such as food buyers clubs and grocery stores.

2023 [SB 123]
Sponsored the bill to establish a State Meat Inspection program in Tennessee; like many states, Tennessee has a shortage of federally, inspected slaughterhouses, especially in the eastern half of the state.

2024 [SB 1914]
Sponsored a bill providing for vending machines with whole milk in the schools, giving children a more nutritious option while still preserving federal funding for Tennessee’s school lunch program. The federal rule that withdraws funding from Washington if whole milk is served in a school lunch has worsened children’s health and the economic condition of the dairy industry.

Niceley‘s work impacts the local food movement around the rest of the U.S. as well. The first thing legislators typically ask when a constituent requests that they introduce a bill is: “Has this been done elsewhere?”

The senator has introduced and helped pass a number of bills that were law in few, if any, states outside Tennessee. In the 2024 session he helped pass a bill defining and regulating as a drug any food that contained “a vaccine or vaccine material.”

Legislation he introduced this past session includes: a constitutional resolution to protect the individuals right to grow and acquire the food of their choice [SJR 902]; a bill that would have barred any prohibition on the growing of produce and the raising of chicken or meat rabbits on a residential lot [SB 1761]; a bill that would have exempted farms from any vaccine mandate for their livestock or poultry, if the farms practice was not to vaccinate their livestock or poultry [SB 2543]; and legislation that would have prohibited cell-cultured meat from being defined as “meat” [SB 2603].

Niceley has been generous with his time in helping legislators, farmers and eaters in other states working on food and agriculture bills. As for Tennessee, there is no one who has done as much for the small farmer and local food producer in that state as Frank Niceley.

[Photo credit: Solari.com “Blast from the Past“]

The post The Farmers’ Legislator appeared first on Real Milk.

Spend at least 50% of your food dollars on direct purchases from local farmers and artisans; with the remainder of your food dollars, you can celebrate how small the world has become!

This commitment to supporting local farms crowns the 20th year of the ongoing crusade by the Weston A. Price Foundation (WAPF) to disseminate accurate information on diet and health.

There is every reason to take the 50% Pledge, a campaign of WAPF to have its members spend at least half their food dollar purchasing food from local farmers and artisans.

By taking and making good on the pledge, you will be improving your own health and the health of your families. The highest quality food is mostly found from small farmers and artisans in the local food system. The likelihood is that you will be spending less money on doctors and medication. If you are currently spending little or nothing on medical services taking the 50% pledge is a great way to maintain that lifestyle.

Taking the pledge contributes towards small farm prosperity and increases the chances of your local food source remaining in business. There are still too many one-size-fits-all food safety regulations that squeeze regenerative family farms; they need all the business they can take on. The quality of the industrial food supply continues to deteriorate; by helping to keep quality local producers in business  through your patronage, you will be better able to avoid health-robbing foods in the industrial system. The medical system currently accounts for 17% of our gross national product (GNP); reducing demand for medical services leads to a more productive use of resources. Small farmers are the true frontline healers in our healthcare system.

Taking the pledge will benefit the local economy by keeping more of your food dollar in the community. In many states, less than 10% of the food residents consume is produced in that state. The industrialization of agriculture has drained rural America.

Stronger local food systems lead to better food safety. At an international food safety conference in July 2019, a high-ranking FDA official stated that traceability was the Achilles heel of the food system; nothing is more traceable than food locally produced and consumed.

A country’s ability to be self-sufficient in quality food production is its first line of national defense. A strong small-farm sector marketing most of its production direct to the final consumer is the path towards making that happen.

There are other steps you can take beyond the 50% Pledge; you can pass word of the campaign on to non-WAPF members and convince them to take the pledge. Educate them on how important it is for their own health and the health of their families to have a prosperous local food system. The enemy is convenience; explain to them why it’s worth it to go the extra mile and purchase direct from local farms and artisans.

WAPF has created postcards explaining the 50% Pledge that are free for the asking to make people think more about where they are spending their food dollar. Request a free set of postcards through the online store at westonaprice.org or email a request postcards to info@westonaprice.org or call 703-820-3333.

The conventional food system is changing rapidly. The expansion of home delivery systems for industrial food, the growth of industrial organic, and the targeting of the traditional livestock business through plant-based and cell-cultured “meat” and “dairy” products threaten to weaken local food systems. Mass participation in the 50% Pledge campaign is a way to stem the threat, creating more demand for the raw dairy products, meat, poultry, eggs, produce and other nutrient-dense foods that small farmers and local artisans produce.

Need help to find local foods? Click here to learn more.

The post Take the 50% Pledge! appeared first on Real Milk.

By Pete Kennedy, Esq.

The International Association of Food Protection (IAFP) held its annual meeting in Louisville July 21-24 at the Kentucky International Convention Center. Over 3,800 food safety professionals from industry, federal and state regulatory agencies and academia (students and faculty) attended this year’s meeting.¹

Food safety continues to be a growth industry. In spite of the Food Safety Modernization Act (FSMA) and various food safety measures undertaken by the United States Department of Agriculture (USDA), foodborne illness outbreaks in the U.S. have not declined much, if at all. One of the sessions at the meeting was titled “Why Are We Still Having Food Safety Failures If We All Have Food Safety Systems?”² Globalization and a deterioration of quality in the industrial food system remain as drivers of the food safety industry. Recently, USDA issued a proposed rule to allow the import of poultry slaughtered in China.

The IAFP meeting is a huge networking event with a friendly and collegial atmosphere for attendees. Food safety troubles represent a substantial business opportunity and enable IAFP to serve as an incubator for the development of food legislation, like FSMA, which advances the financial position of each of the groups attending IAFP. The way this works is that the industrial food companies cause the food safety problems, Congress increases the budget of the U.S. Food and Drug Administration (FDA) and USDA to deal with these problems, then part of that budget increase goes to academia for grants to come up with solutions for the problems and another part goes to state agencies in grants to do the Fed’s bidding (e.g., state inspections to enforce the new federal laws); further, the newly legislated requirements give labs and other firms involved in food safety more revenues, and the industrial food companies get one-size-fits-all food safety regulations that increase their market share when their smaller competitors cannot afford the cost of compliance.

One sector that is not a part of the food safety trail of revenue is the local food system. Regulators, industry and academia have done some great work dealing with problems in the industrial food system but they have never acknowledged how a stronger local food system can improve overall food safety. So the question is: if the small farmers and artisans making up the local food system don’t have a place at the table, are they on the ‘menu’ for the players in the food safety industry? For now, it looks like local food producers still have ways of staying off the ‘menu’ but the food safety industry is monitoring them, possibly considering ways to get them more under the industrial food regulatory umbrella.

During a roundtable session at IAFP titled “Cottage Foods — Harmonizing Food Safety Practices for a Growing Entrepreneurial Industry”³, regulators on the panel expressed some frustration at the lack of uniform regulation for cottage foods in the U.S. but none of them indicated that legislation to make state cottage food laws the same would have any traction.

There was also a panel for the topic, “Has the Time Come for the Complete Adoption of the Food Code?”⁴ The Food Code is a set of onerous model regulations that FDA develops to govern retail sales of food to the consumer. All states have adopted at least some portion of the Food Code but full adoption would mean the repeal of laws in states such as Wyoming, Maine, Utah, and North Dakota that currently allow unregulated sales from producer direct to consumer of foods needing time and temperature control (e.g., dairy and foods with dairy as an ingredient). Again, no one on the panel for this presentation stated there was a legitimate chance that this kind of legislation would pass.

The most alarming news at the conference was the disclosure by an FDA official regarding the agency’s inspections of food facilities for compliance with Current Good Manufacturing Practices (GMPs) which are one-size-fits-all regulations governing plant construction and design, sanitation, and warehousing and distribution. Producers with less than $1 million in sales per year come under the Tester-Hagen qualified exemption and are to be exempt from FSMA requirements for a food safety plan and, arguably, from the GMPs. Nonetheless, assumed as part of its duties under FSMA, FDA has been conducting GMP inspections of these exempt facilities anyway. A reading of the relevant FSMA statute indicates that FDA doesn’t have the authority to require compliance with GMPs by firms under Tester-Hagen. The typical FDA inspection for GMP compliance can last 2-½ to 3 days. [see “Is FDA Exceeding FSMA Inspection Authority”]

FSMA provides an absolute exemption from the food safety plan requirement for those producers who derive over half of their sales revenues from direct-to-consumer transactions. Most small farmers and local artisans fit this description, but expanding their sales to restaurants and retail stores is a step many of them need to take to increase business. The unauthorized FDA inspections for GMPs make that a more difficult road to travel if their direct-to-consumer sales fall below half of their total revenue.

A growing local food system can make the food safety regulators’ jobs easier. At the IAFP meeting, a high-ranking FDA official acknowledged that the “Achilles heel” of the food safety system is the lack of traceability for industrial food, an admission that isn’t surprising given the international food trade and the long complex supply chains that result. Nothing is more traceable than locally-produced and -consumed food. Deregulating local food producers and increasing their numbers is the path to fewer foodborne illness outbreaks and safer, more nutritious food.

Instead of FDA inspectors and state regulators spending a few days on the premises of small producers, they could invest their time more productively by inspecting imports. One speaker at the meeting displayed a graph showing that from 2009-2016 the greatest number of foodborne illness outbreaks were caused by seafood (25%) followed by produce (15%).⁵ It is estimated that 90% of the seafood consumed in the U.S. is imported⁶; a 2018 article citing USDA data on produce for 2016 estimated that 53% of fresh fruits and 31% of fresh vegetables are imported⁷.

Over 8 years after passage, FSMA is now close to being fully operational. A food law attorney speaking at the meeting observed that FDA was getting more strict on its interpretation of the FSMA requirements. The attorney also noted that FDA inspectors are called “investigators”, meaning that their purpose is primarily to find problems in a food facility they inspect rather than working with the facility to assure compliance with the law. The unstated goal of FSMA has always been to consolidate the food supply.

With the way the law now stands, the key for local producers to survive FSMA over the long-term is to educate the public on how the most safe, nutritious food is found in the local food system. It is the best way to stay clear of a regulatory scheme that can put producers providing nutrient-dense food out of business. More retail outlets will be adopting requirements similar to those in FSMA for producers wanting to sell to them.

The Weston A. Price Foundation (WAPF) has started a campaign to encourage its members to spend at least 50% of their food dollar purchasing raw dairy, meat, poultry, eggs, and produce direct from local farmers and artisans. For improved public health and the viability of producers in the local food system, buying more food directly from local producers is a critical step for consumers to take.

——–

1. International Association of Food Protection, “Annual Meeting”. Statement: “The IAFP Annual Meeting is attended by more than 3,800 of the top industry, academic and governmental food safety professionals from six continents.” Accessed 6 Sep 2019 at https://www.foodprotection.org/annualmeeting/

2. Prince, G., S. Crowley, and N. Anderson. S11: Why Are We Still Having Food Safety Failures If We All Have Food Safety Systems? Annual Meeting of the International Association for Food Protection. Louisville, KY. Symposia. July 22, 2019

3. Andress, E., E. Ceylon, E. Edmunds, J. Eifert, S. Giovinazzi, and A. Snyder. Cottage Foods: Harmonizing Food Safety Practices for a Growing Entrepreneurial Industry. Annual Meeting of the International Association for Food Protection. Kentucky International Convention Center, Louisville, KY. Roundtable RT15. July 23, 2019

4. Bryant, V. D. Detwiler, J. Horn, G. Lewis, and A.M. McNamara. Has the Time Come for Complete Adoption of the Food Code?, Annual Meeting of the International Association for Food Protection. Kentucky International Convention Center, Louisville, KY. Roundtable RT16. July 23, 2019.

5. Sayler. A. “FDA’s FSMA Enforcement Impact on Non-U.S. Food Manufacturers – Examples: Food Retailer: Examples, Case Studies and Recommendations”, Tracking FSMA Quantitative and Qualitative Impacts on the Food Industry Under Full FDA Enforcement – Stats, Trends, Challenges and Lessons Learned. Annual Meeting of the International Association for Food Protection. Kentucky International Convention Center, Louisville, KY. Symposia S1, 4th Presentation, Slide #4, “CDC Foods Causing Foodborne Illness 2009-2016”. July 22, 2019.

6. NOAA Fisheries, “Fisheries of the United States, 2012: A Statistical Snapshot of 2012 Fish Landings. National Oceanic and Atmospheric Administration”, 2013, p. 4. Accessed at https://www.st.nmfs.noaa.gov/Assets/commercial/fus/fus12/FUS_2012_factsheet.pdf

7. Karp, D. “Most of America’s Fruit Is Now Imported. Is That a Bad Thing?” New York Times online, 13 March 2018. Accessed at https://www.nytimes.com/2018/03/13/dining/fruit-vegetables-imports.html

Last updated 11/21/2019

The post No Place at the Food Safety Table for Local Producers appeared first on Real Milk.

At the prices set by industrial dairy and the federal government, small farms that produce and pasteurize milk to sell to mass-market commercial outlets rarely make enough to cover production costs, let alone turn a profit. By selling directly to the consumer, farmers can adjust their prices to account for overhead and rising production costs. And in some states, selling directly to the consumer also allows farmers to offer raw milk which, although more expensive ($5-$10 per gallon, compared to $4 per gallon for commercial milk), does fill a niche market. There is high demand nationwide for unpasteurized milk and other dairy products, and many are happy to pay more for a wholesome, nutritious product – especially when their money helps keep local farms in business.

http://cumberlink.com/news/local/raw-deal-raw-milk-advocates-stress-economic-importance/article_a8ab117c-0d22-11e3-afa4-0019bb2963f4.html

The Campaign for Real Milk is a project of the nutrition education non-profit, The Weston A. Price Foundation. Donate to help fund research into the benefits of nutrient dense foods.  http://www.westonaprice.org/lab

The post Raw Milk Serves an Economic Advantage for Local Farmers appeared first on Real Milk.