January, 18 2022, 02:23pm EDT
For Immediate Release
Contact:
Amy van Saun, Center for Food Safety, 585-747-0151, avansaun@centerforfoodsafety.
Zach Corrigan, Food & Water Watch, zcorrigan@fwwatch.org, 202-683-2451
Dangerous Hog Slaughter Self-Inspection Program Should Be Stopped, Advocates Tell Court
WASHINGTON
National food-policy and consumer organizations filed a motion asking for a federal court to rule in a case that could have major ramifications for food safety.
The case, filed in 2020 (Center for Food Safety, et al. v. Sonny Perdue, No.4:20-cv-00256-JSW (N.D. Cal) ) concerns the implementation of the USDA's New Swine Inspection System (NSIS), a Trump administration rule that greatly undermines the ability of federal inspectors to protect consumers from foodborne illnesses.
In the brief to the US District Court for the Northern District of California, the Center for Food Safety, Food & Water Watch and the Humane Farming Association argue that the 2019 rules violate the Federal Meat Inspection Act (FMIA), one of our country's cornerstone food safety laws.
"The Trump administration implemented this outrageous self-policing initiative that hands over inspection duties to meat companies themselves -- even though 48 million Americans get sick every year due to foodborne illness," said Zach Corrigan, Senior Attorney for Food & Water Watch and lead counsel in the case. "Enough is enough. We are asking a federal court to throw out the unlawful rules the Biden administration continues to defend."
The NSIS program relies in large part on meat company employees conducting inspections instead of government inspectors, a radical departure from long-established practice. The brief argues that this raises significant dangers to public health: for example, an examination of USDA data showed that the plants that had piloted the new system had significantly more regulatory violations for fecal and digestive matter on carcasses than traditional plants. Since the government projects widespread adoption of the NSIS rules (plants producing over 90 percent of the U.S. pork supply), these policies will greatly impact consumers.
"The powerful meat processing industry wants to turn back time to Upton Sinclair's The Jungle, but Congress required federal inspectors to ensure that meat processing is safe for the public," said Amy van Saun, senior attorney with Center for Food Safety. "USDA's new rules gut that assurance of safety and allow the fox to guard the henhouse."
"Turning over meat inspection duties to the regulated industry flies in the face of federal law and consumer safety," said Bradley Miller, national director of the Humane Farming Association. "The Biden Administration's refusal to reverse this Trump era rollback poses a significant danger to public health and animal welfare."
The industry push for 'self-regulation' goes back decades, and in the 1990s the USDA began moving in that direction. This eventually led to the creation of a pilot program; 15 years later, government investigators found major problems, including lack of proper oversight and persistent regulatory violations. Whistleblower employees also came forward to document serious violations, and called for a halt to the program.
Despite these issues, USDA has continued to move forward with the NSIS program. As the filing documents, a Clemons Food Group plant in Coldwater, Michigan, was granted a waiver in 2017 so that it could begin to operate with these relaxed inspection rules. Despite a series of well-documented and serious problems, USDA decided to allow the plant to continue operating under the NSIS rules.
The brief showed that employees in plants such as the one in Coldwater repeatedly could not perform newly assigned inspection tasks, such as slicing and feeling lymph nodes, that are critical to identify animal conditions and diseases. These are tasks that are usually the responsibility of trained federal USDA inspectors. Employees in these plants also regularly missed fecal matter on carcasses, contamination that contains dangerous pathogens that can make people sick. The U.S. Centers for Disease Control estimates that 48 million people suffer from foodborne illness each year, while 128,000 people are hospitalized, and 3,000 die from it.
The motion notes the widespread opposition to the NSIS rules. The vast majority of the over 80,000 comments filed on the program -- from consumer groups, animal welfare groups, and dozens of members of Congress -- were critical of the proposal.
Food & Water Watch mobilizes regular people to build political power to move bold and uncompromised solutions to the most pressing food, water, and climate problems of our time. We work to protect people's health, communities, and democracy from the growing destructive power of the most powerful economic interests.
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Experts Warn of Toxins in GM Corn Amid US-Mexico Trade Dispute
"The Mexican government is both wise and on solid ground in refusing to allow its people to participate in the experiment that the U.S. government is seeking to impose."
Mar 26, 2024
Friends of the Earth U.S. on Monday released a brief backing Mexico's ban on genetically modified corn for human consumption, which the green group recently submitted to a dispute settlement panel charged with considering the U.S. government's challenge to the policy.
Mexican President Andrés Manuel López Obrador announced plans to phase out the herbicide glyphosate as well as genetically modified (GM) or genetically engineered (GE) corn in 2020. Last year he issued an updated decree making clear the ban does not apply to corn imports for livestock feed and industrial use. Still, the Biden administration objected and, after fruitless formal negotiations, requested the panel under the United States-Mexico-Canada Agreement (USMCA).
"The U.S. government has not presented an 'appropriate' risk assessment to the tribunal as called for in the USMCA dispute because such an assessment has never been done in the U.S. or anywhere in the world," said agricultural economist Charles Benbrook, who wrote the brief with Kendra Klein, director of science at Friends of the Earth U.S.
"The U.S. is, in effect, asking Mexico to trust the completeness and accuracy of the initial GE corn safety assessments carried out 15 to 30 years ago by the companies working to bring GE corn events to market."
The group's 13-page brief lays out health concerns related to GM corn and glyphosate, and the shortcomings of U.S. analyses and policies. It also stresses the stakes of the panel's decision, highlighting that "corn is the caloric backbone of the Mexican food supply, accounting, on average, for 50% of the calories and protein in the Mexican diet."
Blasting the Biden administration's case statement to the panel as "seriously deficient," Klein said Monday that "it lacks basic information about the toxins expressed in contemporary GMO corn varieties and their levels. The U.S. submission also ignores dozens of studies linking the insecticidal toxins and glyphosate residues found in GMO corn to adverse impacts on public health."
The brief explains that "since the commercial introduction of GE corn in 1996 and event-specific approvals in the 1990s and 2000s, dramatic changes have occurred in corn production systems. There has been an approximate four-fold increase in the number of toxins and pesticides applied on the average hectare of contemporary GE industrial corn compared to the early 1990s. Unfortunately, this upward trend is bound to continue, and may accelerate."
The U.S. statement's assurances about risks from Bacillus thuringiensis or vegetative insecticidal protein (Bt/VIP) residues "are not based on data and science," the brief warns.
"The U.S. is, in effect, asking Mexico to trust the completeness and accuracy of the initial GE corn safety assessments carried out 15 to 30 years ago by the companies working to bring GE corn events to market," the document says. "The Mexican government is both wise and on solid ground in refusing to allow its people to participate in the experiment that the U.S. government is seeking to impose on Mexico."
"The absence of any systematic monitoring of human exposure levels to Bt/VIP toxins and herbicides from consumption of corn-based foods is regrettable," the brief adds. "It is also unfortunate that the U.S. government rejected the Mexican proposal to jointly design and carry out a modern battery of studies able to overcome gaps in knowledge regarding GE corn impacts."
"The U.S. government's case against Mexico has no more scientific merit than its sham GMO regulatory regime, and should be rejected by the USMCA dispute resolution panel."
Friends of the Earth isn't the only U.S.-based group formally supporting the Mexican government in the USMCA process. The Center for Food Safety sent a 10-page submission by science director Bill Freese, an expert on biotech regulation, to the panel on March 15. His analysis addresses U.S. regulation of genetically modified organisms (GMO) along with the risks of GM corn and glyphosate.
"GMO regulation in the U.S. was crafted by Monsanto, now owned by Bayer, and is a critical part of our government's promotion of the biotechnology industry," Freese said last week, referring to the company known for the glyphosate-based weedkiller Roundup. "The aim is to quell concerns and promote acceptance of GMOs, domestically and abroad, rather than critically evaluate potential toxicity or allergenicity."
His submission notes that the U.S. Food and Drug Administration "does not require a GE plant developer to do anything prior to marketing its GE crop or food derived from it. Instead, FDA operates what it calls a voluntary consultation program that is designed to enhance consumer confidence and speed GE crops to market."
"When governmental review is optional; and even when it's conducted, starts and ends with the regulated company's safety assurance—what's the point?" Freese asked. "Clearly, it's the PR value of a governmental rubber stamp."
"The Mexican government's prohibition of GM corn for tortillas and other masa corn products is fully justified," he asserted. "The U.S. government's case against Mexico has no more scientific merit than its sham GMO regulatory regime, and should be rejected by the USMCA dispute resolution panel."
In a Common Dreams opinion piece last week, Ernesto Hernández-López, a law professor at Chapman University in California, pointed out that Mexico's recent submission to the panel also "offers scientific proof and lots of it," including "over 150 scientific studies, referred to in peer-review journals, systemic research reviews, and more."
"Mexico incorporates perspectives from toxicology, pediatrics, plant biology, hematology, epidemiology, public health, and data mining, to name a few," he wrote. "This clearly and loudly responds to American persistence. The practical result: American leaders cannot claim there is no science supporting the decree. They may disagree with or dislike the findings, but there is proof."
The Biden administration's effort to quash the Mexican policy notably comes despite the lack of impact on trade. While implementing its ban last year, "Mexico also made its largest corn purchase from the U.S., 15.3 million metric tons," National Geographicreported last month.
Kenneth Smith Ramos, former Mexican chief negotiator for the USMCA, told the outlet that "right now, it may not have a big economic impact because what Mexico is using to produce flour, cornmeal, and tortillas is a very small percentage of their overall imports; but that does not mean the U.S. is not concerned with this being the tip of the iceberg."
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'Collapse of Political Ambition': EU Shelves Nature Restoration Law
"To let this go now means we go into European elections saying the European system is not working, we do not protect nature, we do not take climate seriously," said Ireland's environmental minister. "That would be an absolute shame."
Mar 26, 2024
Environmental ministers in the European Union on Monday warned that the bloc's credibility on heading off the global biodiversity and climate emergencies is in peril following the European Council's decision to remove the historic Nature Restoration Law from its agenda after the proposal lost key support.
"We inspired others, yet now we risk arriving empty handed at COP16 [the 2024 UN Biodiversity Conference]," Virginijus Sinkevičius, E.U. commissioner for environment, oceans, and fisheries, said in a statement. "Backtracking now is... very difficult for me to accept."
The law, first introduced in 2022 and approved by European Parliament last month, faced one final hurdle to passage with the planned Council vote, but recent protests by farmers over the new nature restoration requirements helped push some previous supporters to reverse their positions on Monday.
The Nature Restoration Law, which supporters said they still intend to try to pass before E.U. elections in June, would require member states to adopt measures to restore at least 30% of habitats by 2030, working up to 90% by 2050. Member states would be required to take action to reverse pollinator populations, restore organic soils in agricultural use, increase development of urban green areas, and take other steps to protect biodiversity.
Since the farmer protests began in France and started spreading to other countries including Spain, Belgium, and Italy, policymakers have offered concessions including delayed implementation of another set of biodiversity rules calling for the agriculture industry to keep 4% of farming land free of crop production to regenerate healthy soil. The European Commission also shelved an anti-pesticide law in February in response to the protests.
As countries announced their new opposition to the Nature Restoration Law in recent days, some ministers suggested the demonstrations contributed to their decision.
Anikó Raisz, Hungary's minister of state for environmental affairs, said the law would "overburden the economy" and cited concerns about the "sensitive situation" in the agriculture sector. Italy also said it was concerned about the biodiversity rules' impact on farmers.
The World Wide Fund For Nature (WWF) accused far-right Hungarian President Viktor Orbán, who has dismissed European climate policies, of being behind the "unexpected and clearly politically motivated change in Hungary's position."
Hungary's opposition "was left unchallenged by Sweden, Poland, Finland, the Netherlands, Belgium, Austria, and Italy—who continue to either abstain or oppose," and "has now put the [Nature Restoration Law] in jeopardy again, giving Hungary's President Viktor Orbán the green light to further his own agenda and hold E.U. decision-making hostage," said WWF.
Eamon Ryan, Irish minister for the environment, accused other policymakers in the bloc of "buckling" before the farmer protests, which continued Tuesday, ahead of June elections.
"The biggest risk is the collapse of political ambition and will," Ryan said. "To let this go now means we go into European elections saying the European system is not working, we do not protect nature, we do not take climate seriously. That would be an absolute shame."
BirdLife Europe called on the E.U. the continue its efforts to pass the Nature Restoration Law before the session ends this summer.
"The E.U.'s reputation hangs in the balance in this critical year of E.U. elections," said the group. "Failure to make the law a reality also undermines the E.U.'s credibility and leadership on its international commitments to tackle the biodiversity and climate crises."
"This is definitely not the end of the story," Alain Maron, Belgium's minister for climate change, environment, energy, and participative democracy, told reporters at a press conference Monday. He added that the Belgian presidency of the European Council "will work hard in the next few weeks to find possible ways out of this deadlock, and get the file back on the agenda for adoption in another council."
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US Under Fire for Downplaying Security Council Resolution as 'Nonbinding'
One expert accused the U.S. of working to "undermine and sabotage the U.N. Security Council, the 'rules-based order,' and international law."
Mar 26, 2024
Biden administration officials attempted Monday to downplay the significance of a newly passed United Nations Security Council resolution, drawing ire from human rights advocates who said the U.S. is undercutting international law and stonewalling attempts to bring Israel's devastating military assault on Gaza to an end.
The resolution "demands an immediate cease-fire for the month of Ramadan respected by all parties, leading to a lasting sustainable cease-fire." The U.S., which previously vetoed several cease-fire resolutions, opted to abstain on Monday, allowing the measure to pass.
Shortly after the resolution's approval, several administration officials—including State Department spokesman Matthew Miller, White House National Security Council spokesman John Kirby, and U.S. Ambassador to the U.N. Linda Thomas-Greenfield—falsely characterized the measure as "nonbinding."
"It's a nonbinding resolution," Kirby told reporters. "So, there's no impact at all on Israel and Israel's ability to continue to go after Hamas."
Watch Matt Lee ask StateSpox about the passing of the UN ceasefire resolution. Basically the US position is it makes no difference and Miller calls 🇷🇺/🇨🇳 veto cynical.
Lee: Do you expect Israel is going to announce a ceasefire?
Miller: I do not
Lee: What’s the point of the UN? pic.twitter.com/FibaSKWjuh
— Assal Rad (@AssalRad) March 25, 2024
Josh Ruebner, an adjunct lecturer at Georgetown University and former policy director of the U.S. Campaign for Palestinian Rights, wrote in response that "there is no such thing as a 'nonbinding' Security Council resolution."
"Israel's failure to abide by this resolution must open the door to the immediate imposition of Chapter VII sanctions," Ruebner wrote.
Beatrice Fihn, the director of Lex International and former executive director of the International Campaign to Abolish Nuclear Weapons, condemned what she called the Biden administration's "appalling behavior" in the wake of the resolution's passage. Fihn said the administration's downplaying of the resolution shows how the U.S. works to "openly undermine and sabotage the U.N. Security Council, the 'rules-based order,' and international law."
In a Monday op-ed for Common Dreams, Phyllis Bennis, a senior fellow at the Institute for Policy Studies, warned that administration officials' claim that the resolution was "nonbinding" should be seen as "setting the stage for the U.S. government to violate the U.N. Charter by refusing to be bound by the resolution's terms."
While all U.N. Security Council resolutions are legally binding, they're difficult to enforce and regularly ignored by the Israeli government, which responded with outrage to the latest resolution and canceled an Israeli delegation's planned visit to the U.S.
Israel Katz, Israel's foreign minister,
wrote on social media Monday that "Israel will not cease fire."
The resolution passed amid growing global alarm over the humanitarian crisis that Israel has inflicted on the Gaza Strip, where most of the population of around 2.2 million is displaced and at increasingly dire risk of starvation.
Amnesty International secretary-general Agnes Callamard said Monday that it was "just plain irresponsible" of U.S. officials to "suggest that a resolution meant to save lives and address massive devastation and suffering can be disregarded."
In addition to demanding an immediate cease-fire, the Security Council resolution calls for the unconditional release of all remaining hostages and "emphasizes the urgent need to expand the flow of humanitarian assistance."
Israel has systematically obstructed aid deliveries to Gaza, including
U.S.-funded flour shipments.
Farhan Haq, deputy spokesman for the U.N. secretary-general, stressed during a briefing Monday that "all the resolutions of the Security Council are international law."
"They are as binding as international laws," Haq said.
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