POLICY :: Proposed Leafy Green Marketing Order

Emailed on Jan. 17, 2007

Dear CAFF members:

As you are undoubtedly aware, there have been several recent cases of E. coli 0157:H7 bacteria on lettuce and spinach causing significant numbers of consumers to become sick or die. This has in turn led to a considerable push by parts of the food industry to develop “good agricultural practices” that farmers would have to adopt in order to prevent such food safety outbreaks in the future. Western Growers Association (WGA) has been leading an effort by produce shippers to enact a Marketing Agreement and Marketing Order for leafy green vegetables in California that would require such practices.

Like all farmers and farmer organizations, CAFF is deeply concerned about food contamination that can undermine consumer confidence in our products. But we are just as concerned about an over-reaction to the e. coli outbreak that might hurt small farmers and undermine the efforts of CAFF and many farmers to farm in an environmentally responsible manner.

If you are a grower of any such leafy green vegetables (iceberg lettuce, romaine lettuce, green leaf lettuce, red leaf lettuce, butter lettuce, baby leaf lettuce—i.e., immature lettuce or leafy greens—escarole, endive, spring mix, spinach, cabbage, kale, arugula or chard), the Western Growers proposal currently being considered by CDFA may empower produce handlers and distributors to reject any leafy greens that are not grown in strict compliance with what are deemed to be “good agricultural practices,” even if, for example they prohibit growers from using water-filtering buffer strips and require “clean” fields stripped of all vegetation.

If you are a consumer of leafy green vegetables, you may find that many small farms that produce such vegetables and sell them at farmers’ markets, through CSAs, at farm stands, and in other ways will no longer be allowed to produce them because they cannot meet the proposed requirements.

Worst of all, CAFF believes many of these proposed practices are misdirected and will do nothing to reduce the threat of future bacterial outbreaks. There is significant evidence that points to specific practices by farmers and processors using water that has been contaminated by cow manure. These practices should be the focus of regulations.

The California Department of Food and Agriculture (CDFA) is trying to determine whether or not to proceed with a State Marketing Agreement, to be followed by a mandatory Marketing Order, on Leafy Greens.

A CDFA hearing took place in Monterey on January 12 to discuss the proposed Marketing Agreement for California Leafy Green Handlers. CDFA granted an extension to the comment period to this Friday (January 19).

You still have time to voice your comments as a grower, as a handler, as a farm worker, as a consumer, or as an interested party.

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MORE INFORMATION ON MARKETING AGREEMENTS AND ORDERS

If a significant number of handlers sign up, the voluntary marketing agreement would include licensing signatory handlers’ use of a certification mark to attest that the handling, shipping and sale of leafy green products is in accordance with “best practices.” The agreement would also require a trace-back system. The program would declare that handlers should only purchase product from growers who grow in accordance with “best practices,” and who also use a trace-back system. Right now, the “best practices” that handlers and growers would adhere to are being developed, and need more input from farmers and conservationists.

Groups such as Farm Bureau and Western Growers are now working on a grower-only leafy green marketing order, and a draft order is expected to be sent to growers by late January.

A marketing order is different from a marketing agreement in that it would call for mandatory, across-the-board implementation. If 60% of the acreage is voted for the marketing order, all growers of leafy greens in California would be subject to the order.

More about the issue on the CAFF website.