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The agency’s fumbling around on farm safety rules might seem comic-if the livelihood of small farmers and brewers weren’t at stake.

In January 2011, after one of the most underhanded legislative maneuvers we’ve ever seen, the disastrous Food Safety Modernization Act (FSMA) was signed into law. It wasn’t a complete rout for us. ANH-USA and its allies won some important amendments (for example, we removed draconian ten-year jail sentences for food and supplement manufacturers). But FSMA gave the FDA unprecedented power over American farms. And as we pointed out at the time, the FDA knows absolutely nothing about farming.

FSMA is now in the regulatory phase, which means the FDA is drafting rules that interpret the law’s intent. However, it seems that quite a bit has gotten lost in translation, particularly when it comes to organic and traditional farming practices.

The rules proposed so far have created such a deafening roar of outcry from small farmers, prominent members of Congress, consumers, and even big business, that the FDA has been forced to backtrack considerably.

Soil and Manure Provisions Threaten Organic Farmers

What the FDA Proposed: In January 2013, the FDA issued draft rules for produce, decreeing that farmers would have to wait nine months between applying manure and harvesting. This will take many organic fields out of production for an entire growing season, economically crippling small farmers.

Since, in place of synthetic chemicals, many organic and traditional farmers use biological soil enhancements (e.g., manure, agricultural tea, and yard refuse) to grow produce, these rules favor industrial farming over traditional practices, and incentivize the use of synthetic chemicals.

These rules are also in direct conflict with the National Organic Program (NOP), run by the USDA: according to NOP standards, there is only a 90- to 120-day waiting period. So now the FDA is trying to grab authority from another government agency that happens to know a lot more about farming!