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FDA Monitoring Hay Movements

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Mike

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From "Hay & Forage Grower"
Bioterrorism Rules Will Affect Hay Growers
The federal government's efforts to protect the nation's food supply will soon impact commercial hay growers in a big way. According to a Food and Drug Administration (FDA) spokesman, farmers who sell hay must comply with record-keeping requirements of the Bioterrorism Act of 2002.

The mandated records include, among other things, the field that each load came from, the truck that hauled it, and names and contact information of the driver and the people who loaded and unloaded it. The buyer's name and address, and the arrival date, must also be on record.

The rules are designed to enable FDA to trace any contamination problem back to its source. According to the 2002 law, they apply to "persons that manufacture, process, pack, transport, distribute, receive, hold or import food."

FDA includes animal feeds in its definition of food. Feed manufacturers, grain elevators, alfalfa processors and other entities that process or store farm products must comply. While most farms are exempt, the FDA spokesman confirms that commercial hay growers are not. Operations with 11 or more full-time employees must comply by June 6 of this year; smaller operations have until Dec. 9.

William Kanitz, president of ScoringAg.com, Sarasota, FL, has developed a computerized system to simplify compliance with the new record-keeping rules. He's well-versed on the requirements, and will discuss them at Hay & Forage Grower's Midwest Hay Business Conference & Expo, March 14-15 at the Ramkota Hotel, Sioux Falls, SD.

The conference also will cover a number of other topics of interest to hay growers, including marketing innovations, production costs and forage analyses. Kanitz will begin his presentation at 2:45 p.m., March 15.

Registration costs $150/person. A second person from the same operation can attend for $125. For more information or to register, call 800-722-5334 and ask for Cindy Kramer, or visit hayconference.com.
 

PORKER

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Bioterrorism Recordkeeping Rules Will Affect Hay Growers ,and Feed Mills,grain elevators, commodity grain growers,truckers of livestock,truckers of produce,truckers of hay,truckers of grain,foriegn truckers,warehousers of food or feed, EVERY PACKING PLANT BOTH LARGE OR SMALL etc.link to FDA Rule : http://www.cfsan.fda.gov/~dms/fsbtact.html

FDA Issues Final Rule on the Establishment and Maintenance of Records to Enhance the Security of the U.S. Food Supply Under the Bioterrorism Act December 6, 2004
FDA also issues draft guidance regarding records access
 

PORKER

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One BIG POINT, information to which FDA has access must be available for inspection and copying as soon as possible, not to exceed 24 hours from time of receipt of the official request. The records ,FOOD OR FEED, access authority applies both to records required to be established and maintained by the final rule, or any other records a covered entity may keep to comply with federal, state, or local law or as a matter of business practice.

The Bioterrorism Act allows FDA to bring a civil action in federal court to enjoin the persons who fail to comply with this rule. FDA also can seek criminal actions in federal court to prosecute persons who fail to establish and maintain records, as required by the final rule.
 

Mike

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William Kanitz said:
Say Mike, was this on the Internet? Do you have a link? for the Hay & Forage Grower

I got it as an e-mail. Sorry, already deleted it. :???:

Look for "eHayWeekly".
 

PORKER

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The rules are designed to enable FDA to trace any contamination problem back to its source. According to the 2002 law, they apply to "persons that manufacture, process, pack, transport, distribute, receive, hold or import food."

FDA includes animal feeds in its definition of food. Feed manufacturers, grain elevators, alfalfa processors and other entities that process or store farm products must comply. While most farms are exempt, the FDA spokesman confirms that commercial hay growers are not.
 

Econ101

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Fortress America from within. This is very concerning. Why can't we expect competency from GIPSA or the USDA if they have legal authority to go after commercial hay makers with criminal charges? Chertoff can not respond to Katrina appropriately, but he can harass farmers. I am all for Homeland Security, but that is the same excuse Hitler used.
 

PORKER

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Econ 101,can't we expect competency from GIPSA unless the Gov is top heavy with big company pastsy's?
 

PORKER

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The rules are designed to enable FDA to trace any contamination problem back to its source. According to the 2002 law, they apply to "persons that manufacture, process, pack, transport, distribute, receive, hold or import food."

FDA includes animal feeds in its definition of food. Feed manufacturers, grain elevators, alfalfa processors and Chicken FEED with Animal protien
 

PORKER

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Found it,Here's what happens when you get nailed by FDA,

:Establishment and Maintenance of Records:
key features,
This requires both domestic and foreign facilities that manufacture, process, pack or hold food for human or animal consumption in the United States to establish and maintain records. These records must be made available to the Secretary for Inspection to allow the Secretary to identify the immediate previous sources and immediate subsequent recipients of food, including its packaging, in order to address credible threats of serious adverse heath consequences (both to humans and animals).

FDA wants to describe the specific information a covered entity must keep, but not specify the form or type of system in which those records must be maintained.

For manufacturers, processors, packers, distributors, receivers, holders and importers of food (that is those other than transporters), the records would need to:

Identify the immediate non-transporter previous sources, whether foreign or domestic, of all foods received, including the name of the firm and the responsible individual; address; telephone number; fax number and email address, if available; type of food, including brand name and specific variety (e.g. Brand X Cheddar Cheese, not just cheese); date received; lot number or other identifier if available; quantity and type of packaging (e.g., 12oz bottles); and the name, address, telephone number and if available fax number and e-mail address of the transporter who brought it. The record must include information that is reasonably available to identify the specific source of each ingredient that was used to make every lot of finished product.

Identify the immediate non-transporter subsequent recipients of all foods released, including the name of the firm and the responsible individual; address; telephone number; fax number and email address, if available; type of food, including brand name and specific variety; date released; lot number or other identifier if available; quantity and type of packaging; and the name, address and telephone number and, if available, fax number and e-mail address of the transporter who transported the food from you. For transporters, the records for each food transported would have to include:

The name of the firm and the responsible individual who had the food before you and their address, telephone number, and, if available, fax number and e-mail address, and the date you receive it.
The name of the firm and responsible individual who had the food immediately after you and their address; telephone number, and, if available, fax number and e-mail address, and the date you delivered it.
The type of food, including brand name and specific variety; lot number or other identifier if available, quantity, and type of packaging.
Identification of each and every mode of transportation used (e.g., company truck, private carrier, rail, air etc.) and the individual responsible from when the food was first received until it was delivered.
The proposed rule requires that records are created when food is received, released or transported. Records for perishable foods not intended for processing into non-perishable foods, as well as records for animal food including pet food, would have to be retained for one year after from the date they were created. Records for all other foods would have to be retained for two years after the date they were created.

The records must be easily accessible. When the FDA has a reasonable belief that an article of food is adulterated and presents a serious threat, any records or other information to which the FDA has access must be available for inspection and photocopying or other means of reproduction within 24 hours if the request is made between 8:00am and 6:00pm, Monday to Friday, or within 24 hours if the request is made at any other time.

The following details are excluded from these regulations: recipes, financial data, pricing data, personnel data, research data and sales data. The definition of a recipe is the quantitative formula used in the manufacturing of the food product, but not the identity of the individual ingredients of the food.

Failure to maintain the required records or failure to make them available to the FDA will be a prohibited act. The Federal government has the power to bring a civil action in Federal Court to enjoin persons who commit a prohibited act; or the Federal government can bring a criminal action in Federal court to prosecute persons who commit a prohibited act.

The proposed rule would require all businesses, except small and very small businesses, to comply with the final rule 6 months from its publication in the Federal Register. Small businesses (fewer than 500 but more than 10 full-time equivalent employees) would have to comply within 12 months from publication of the final rule, and very small businesses (10 or fewer full-time equivalent employees) would have to comply within 18 months from the publication of the final rule.

Administrative Detention: key features
This authorises the FDA to detain an article of food for which there is credible evidence or information indicating such article presents a threat of serious adverse health consequences to either humans or animals.

The definition of food in this proposed rule references the definition of food in section 201 (f) of the Federal Food, Drug and Cosmetic Act. It includes food and beverages for human and animal consumption. Food regulated exclusively by USDA under the Federal Meat Inspection Act, the Poultry Products Inspection Act, or the Egg Products Inspection Act would not be covered by the administrative detention regulation. All other food would be subject to this regulation whether or not it enters interstate commerce.

Highlights are outlined below:

An officer or qualified employee of FDA may order the detention of domestic or imported food for up to 30 days if the FDA has credible evidence or information that the food presents a threat of serious adverse health consequences or death to humans or animals.
The FDA District Director in the district in which the article of food is located or an FDA official senior to such director must approve a detention order.
The FDA may require that the detained article of food be labelled or marked as detained with official FDA tags or labels. The FDA tag or label will include, among other information, a statement that the article of food must not be consumed, moved, altered, or tampered with in any manner for the period shown, without the written permission of an authorised FDA representative.
A violation of a detention order or the removal or alteration of the tag or label is a prohibited act.
FDA will state in the detention order the location and any applicable conditions under which the food is to be held.
FDA may direct that the article of food be moved to a secure facility, if appropriate. An article of food moved to a secure facility remains under detention before, during and after such movement.
FDA may approve a request for a limited conditional release of a detained article of food for purposes of destruction, movement to a secure facility, preservation of the detained article of food, or any other purpose that FDA believes is appropriate. An article of food transferred under a limited conditional release remains under detention before, during and after the transfer.
Any transfer of a detained article of food in violation of a detention order is a prohibited act.
Any person who would be entitled to be a claimant for the article of food, if seized, may appeal a detention order and, as part of that appeals process, may request an informal hearing. If a hearing is granted, an FDA Regional Food and Drug Director (RFDD) or another official senior to an FDA District Director will serve as the presiding officer of the hearing.
The proposed rule includes appeal and hearing timeframes for both perishable and non-perishable detained articles of food.
Perishable food:
An appeal must be filed within 2 calendar days of receipt of the detention order.
If a hearing is requested in the appeal, and the FDA grants the request, the hearing will be held within 2 calendar days after the date the appeal is filed.
FDA’s decision on appeal will be issued 5 days after the appeal is filed.
Non-perishable food:
A notice of intent to file an appeal and to request a hearing must be filed within 4 calendar days of receipt of the detention order.
An appeal must be filed within10 calendar days of receipt of the detention order.
If a hearing is requested in the notice of intent and appeal, and FDA grants the request, the hearing will be held within 3 calendar days after the appeal is filed.
The FDA’s decision on appeal will be issued 5 days after the appeal is filed.
The proposed expedited procedures for certain enforcement action with respect to perishable foods require FDA to send a seizure recommendation to the Department of Justice within 4 calendar days after the detention order is issued, unless extenuating circumstances exist.
Confirmation of a detention order by the FDA presiding officer is considered final agency action.
A copy of the detention order will be issued by the FDA to the owner, operator or agent in charge of the place where the article of food is located. If the owner of the article of food is different from the owner, operator or agent in charge of the location of the food, FDA must provide a copy of the detention order to the owner of the article of food if the owner’s identity can be determined readily.

The FDA must issue the detention order in writing, in the form of a detention notice, signed and dated by the officer or qualified employee of FDA. The order will include the following information:

the detention order number;
the date and hour of the detention order;
identification of the detained article of food;
the period of the detention;
a statement that the article of food identified in the order is detained for the period shown;
a brief, general statement of the reasons for the detention;
the address and location where the article of food is to be detained and the appropriate storage conditions;
any applicable conditions of transportation of the detained article of food;
a statement that the article of food is not to be consumed, moved, altered, or tampered with in any manner during the detention period, unless subject to a limited conditional release;
a statement that any informal hearing on an appeal of a detention order must be conducted as a regulatory hearing;
the mailing address, telephone number, email address, and fax number of the FDA district office and the name of the FDA District Director in whose district the article of food is located; and
a statement indicating the manner in which approval of the detention order was obtained i.e., orally or in writing
Also,Advice to Importers an Exporters ,keep good accurate records.
 
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Anonymous

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In talking to locals- All were completely unaware of this law....Lot of questions come up-especially with feed...

When do you become a commercial hay producer? Some years when I have an aabundance of hay and the price is right I sell some hay- to neighbors or the feedlots- Usually never over 200-300 Ton- Does that make me a commercial producer? Neighbor sells one feedlot 500 Ton of hay and 500 Ton of straw-whatever he doesn't need for his cattle... Is he a commercial producer?...

Some of the local feedlots buy 1000's of Tons of hay and straw- A lot of it hauled in early in the year--Are they going to have to ID and segregate each load? Also around here their is a lot of hay bought out of Canada- a couple of guys I know sold all their hayland to get out of debt and expand their cow operations when so much cheap hay became available in Canada...I wonder how this will affect bringing it across the line?
 

Econ101

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Does M-COOL have limitations to size for enforcement while M-Hay doesn't?

What about M-ID?
 

William Kanitz

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WHEN Is he a commercial producer???Oldtimer,That's called retail ,When you become a commercial hay producer and you sell your product.They even get you where it calls for packing and I call it baling.Also when you sell,the type of food, including brand name and specific variety; date released; lot number or other identifier if available. Just take all of the words called FOOD ,cross them out ,and change it to FEED in the above article posted by Porker. FDA makes USDA look like a puddy cat.
 
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Anonymous

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Thanks WK- I guess :???: Not really what I was hoping you would say...

Looks to me like against the grassroots cattleman and farmer the terrorists are winning- or have won....The government can enforce mandatory animal ID and now FDA feed tracing rules against the individuals, but can't be bothered with enforcing the little things like making the Packers tell the consumer where their meat comes from (M-COOL), the PSA law, or Beef Import-Export laws from cattle disease countries..... :cry: :mad:
 

Econ101

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Oldtimer said:
Thanks WK- I guess :???: Not really what I was hoping you would say...

Looks to me like against the grassroots cattleman and farmer the terrorists are winning- or have won....The government can enforce mandatory animal ID and now FDA feed tracing rules against the individuals, but can't be bothered with enforcing the little things like making the Packers tell the consumer where their meat comes from (M-COOL), the PSA law, or Beef Import-Export laws from cattle disease countries..... :cry: :mad:

or real disasters like Katrina, federal ethics, or govt. fraud, waste, and abuse.
 

PORKER

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When I read the Bioterrorism rules back in March 2004 before they were passed ,I knew it was going to be a can of soup and everyone was on the list.USDA in nothing ,but FDA has the final say as per when they have removed good pesticides,good drugs or changed the way we live today.
 
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Anonymous

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Big Brother is bound and determined to make crooks out of all of us :( I guess when my buddy in town needs a bale of hay for his roping horse, I'll have to tell him I can't sell it to him- he'll have to come steal it.. And he can't pay me- but when I see him at the waterhole I'll expect a few drinks :wink: There goes the liver more :lol: :lol:
 
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Anonymous

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Mr. Kanitz-- If what you are telling us about this feed ID rule is true ( and I have no reason to doubt you and it appears to read much the same to me) then someone needs to get the word out to a whole lot more people...

I spent the afternoon at a local feedlot inspecting cattle--Now this feedlot is the largest in my area (7,500 head) and the largest of several owned by a local family that has multi local lots which will house 10,000-15,000 a year- plus running 5000- 10,000+ yearlings, plus a 5,000+ cow/calf unit.....

Two of the family owner/ managers were there...Since they buy a great deal of hay and own several hay hauling semis ( and are strongly involved in the NCBA- which I thought might give them an inside to info), I asked them about these new rules and how they would be affected... The answer I received was "What new rules?"

Stopped at the waterhole afterward-- talked to several local ranchers and farmers that either buy or sell hay and feed- none had ever heard of this...
 

Econ101

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Oldtimer said:
Mr. Kanitz-- If what you are telling us about this feed ID rule is true ( and I have no reason to doubt you and it appears to read much the same to me) then someone needs to get the word out to a whole lot more people...

I spent the afternoon at a local feedlot inspecting cattle--Now this feedlot is the largest in my area (7,500 head) and the largest of several owned by a local family that has multi local lots which will house 10,000-15,000 a year- plus running 5000- 10,000+ yearlings, plus a 5,000+ cow/calf unit.....

Two of the family owner/ managers were there...Since they buy a great deal of hay and own several hay hauling semis ( and are strongly involved in the NCBA- which I thought might give them an inside to info), I asked them about these new rules and how they would be affected... The answer I received was "What new rules?"


Stopped at the waterhole afterward-- talked to several local ranchers and farmers that either buy or sell hay and feed- none had ever heard of this...

When we have a bunch of rules that no one knows about, they can be selectively enforced by those that abuse power. This one needs to be put back in the barn before all the cows get out. The $20 for the I D system in Texas is what brought those guys out against it. Same thing everytime there is a rulemaking that is slipped in. Same thing happened on the CAFO rules.
 

William Kanitz

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Mr. Kanitz-- If what you are telling us about this feed ID rule is true ( and I have no reason to doubt you and it appears to read much the same to me) then someone needs to get the word out to a whole lot more people...
This is something the ag extension system has to do. All food or feedstocks from other countrys will be affected to. From what I see is that the FDA made this rule so that it would be easier to find the source in case of a bad event like listera , ecoli or a posioning within 24 hrs..even terrorism.
 

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