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Inside the infant formula recall

Delivered every Monday by 10 a.m., Weekly Agriculture examines the latest news in agriculture and food politics and policy.
Feb 22, 2022 View in browser
 
POLITICO's Weekly Agriculture newsletter logo

By Ximena Bustillo

With help from Helena Bottemiller Evich, Marie French and Daniel Lippman

QUICK FIX

— The FDA was told of the first infant Cronobacter sakazakii case in September. It took months to recall the formula linked to the illness.

— Agriculture Secretary Tom Vilsack embarked on the first international trade mission in two years to Dubai. He also huddled with ministers in his new coalition for climate-friendly food production — and set a major new goal for the initiative.

— The Biden administration is slated to formally introduce a new public charge rule this week. Worker advocates generally approve of the move, but some are already planning to request changes.

HAPPY TUESDAY, FEB. 22! Welcome to Morning Ag, where your host wants you to know that it's been a quarter-century since the first sheep cloning. Send tips to xbustillo@politico.com and @ximena_bustillo, and follow us @Morning_Ag.

 

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DRIVING THE WEEK

INSIDE FDA'S INFANT FORMULA TIMELINE: As millions of parents navigate a major recall of three brands of Abbott Nutrition formula — Similac, Alimentum and EleCare — there are a lot of questions about what FDA knew about the problem, and when.

The beginning: We now know that the agency was told of the first infant Cronobacter case in September, per this scoop from Pro Ag's Helena Bottemiller Evich. (That baby was hospitalized for 22 days, but survived, according to Minnesota health officials.) FDA told POLITICO it received this report Sept. 21. The next day, the agency contacted Abbott Nutrition.

The middle: FDA told POLITICO the next two Cronobacter cases, plus one Salmonella case linked to the same Sturgis, Mich., facility, came through in November, December and January, without specifying when. The infants in all four cases were hospitalized. One infant died, though FDA has said it's not clear whether it was solely due to the Cronobacter infection.

Months later, an inspection: The agency told POLITICO Friday that it initiated an inspection of the Abbott Nutrition plant on Jan. 31. Inspectors found Cronobacter sakazakii in several environmental samples taken at the plant. They also found records suggesting the company had previously found the bacteria in the plant and had destroyed product because of the issue.

Finally, a recall: The FDA and Abbott Nutrition announced the sweeping recall Feb. 17, nearly three weeks after the inspection began.

An inspection gap: Infant formula, it should be noted, is one of the most regulated food products in the U.S. Formula plants are inspected annually, which is much more frequent than a typical food facility.

The plant in Sturgis, however, doesn't appear to have been inspected in 2020, per FDA's inspection records (likely due to the pandemic). A routine inspection took place every September leading up to 2019, with some issues found and resolved.

Communication breakdown: Another routine inspection took place in September 2021, just days after FDA received the first complaint. However, it does not appear that inspectors were looking for Cronobacter sakazakii. Still, inspectors uncovered several issues, including lapses in basic plant sanitation and handwashing ( see eFoodAlert here for more details).

Stay tuned: More to come on all this. Have a tip? More context to share? Shoot Helena an email: hbottemiller@politico.com.

VILSACK'S BIG WEEKEND ABROAD: The secretary traveled to Dubai over the weekend for the first-ever ministerial meeting of the Agriculture Innovation Mission for Climate coalition, and to lead USDA's first in-person international trade mission in two years.

Quick recap: Regular MA readers may recall that the U.S. formed AIM as a global coalition to work on increasing food production in a "sustainable" way — and as an alternative to the EU's aggressive Farm to Fork strategy. Vilsack launched the coalition during the U.N. climate summit in November.

Doubling down: The coalition, made up of more than 100 partners including trade groups, nonprofits and dozens of other governments, set a new goal this weekend of raising global investments in climate-related agriculture practices and technologies to $8 billion by November 2022, at the 27th U.N. Climate Change Conference (COP27) in Egypt. That's double the group's original $4 billion target.

As for the trade mission: Foreign Agricultural Service Administrator Daniel Whitley was on hand, along with representatives from nearly 40 agribusinesses, farm groups and state departments of agriculture — groups that are interested in new export opportunities in the UAE.

They held 300 meetings with more than 70 regional buyers, including the Fresh Fruit Trading Company and the Al Douri group. USDA will check back with the participants in August to inquire how many leads and sales resulted from the trade mission.

"We had a number of minority-owned companies, veteran-owned companies, women-owned companies that had not traded or exported before but were interested in doing so," Vilsack told MA.

Tackling industry skepticism: President Joe Biden has faced complaints from farm-state lawmakers for not prioritizing new trade deals during his first year in office. But Vilsack said on a call with reporters that he's puzzled by the criticism, especially due to the recent record-breaking ag export levels.

"We are breaking down barriers, and I think the fact that we resumed face-to-face trade missions is another indication of the commitment this administration has to trade," Vilsack said.

BIDEN UNVEILS NEW PUBLIC CHARGE RULE: The Homeland Security Department is expected to formally publish its proposal to amend the federal "public charge" rules, in its latest effort to unwind the Trump-era policy that discouraged many immigrants from accessing crucial safety-net programs.

How we got here: Early last year, Biden issued an executive order to effectively eliminate the public charge rule, which called for agencies to take into account green card applicants' use of government assistance programs, including nutrition and medical assistance.

Migrants using the programs would be deemed a "public charge" — a potential mark against them as officers weighed their application — which had a chilling effect on participation.

Recent surveys found that even though Biden reversed the Trump-era rule, many migrants still abstained from applying for assistance last year.

Fast forward: The new DHS rule, unveiled last week, is similar to what was used prior to the 2019 revision. Receiving benefits such as the Supplemental Nutrition Assistance Program, housing aid or transportation vouchers would not count against green card applicants. But some immigrant advocates say it doesn't go far enough.

"The proposal falls short, in failing to clearly exclude all state and local programs from public charge determinations. We look forward to working with the administration to strengthen protections for families," said Adriana Cadena, director of Protecting Immigrant Families, in a statement.

Other migrant worker advocates are on board, including Pineros y Campesinos Unidos del Noroeste (Northwest Tree-Planters and Farmworkers United).

"An estimated 50 percent of our country's farmworkers lack immigration status, so denying them public health benefits they should qualify for is a recipe for disaster," Reyna Lopez, the group's executive director, told your host. "The forthcoming changes in Public Charge rules would bring much needed relief to the very families that need the most support."

Covid concerns: During the pandemic, farmworker advocates argued that the Trump administration's public charge rule was among the barriers to educating workers about Covid-19 vaccines, testing and treatment. Workers reportedly were fearful that accessing Covid resources would eventually be labeled as a public charge.

The United Farm Workers Foundation, which plans to submit comments on the proposed rule, cheered the administration's move "to undo harm."

"Immigrants should not be penalized for accessing government assistance such as health benefits and other supplemental services, which are programs created with the intention of being used by those most in need," UFFW spokesperson Leydy Rangel told your host.

In the States

TEXAS AG RACE HEADS TO THE POLLS: Early voting is underway in Texas ahead of the March 1 primary elections, and incumbent Agriculture Commissioner Sid Miller is lacking support from members of his own party — and the industry he oversees, your host reports.

Miller has long been a favorite of former President Donald Trump. Longtime MA readers will recall that he was once considered a top choice to be Trump's ag secretary after serving on the Trump campaign's agriculture advisory committee in 2016. Trump is now backing Miller's bid for reelection in Texas.

That endorsement will come in handy for Miller: After seven years of increasing fees, ethics investigations and battling with the GOP-dominated state legislature, many Republicans and ag industry groups have turned their back on Miller or, at the least, are staying on the sidelines.

At least 20 state lawmakers, including the Senate Ag Committee chair, have opted to back Miller's top GOP contender: state Rep. James White. So has the Texas Seed Trade Association.

Although incumbency and stellar name recognition are on Miller's side, his critics hope undecided voters will go for another candidate. They also note that in 2018, Miller was among the GOP candidates who significantly underperformed compared to their 2014 results. In 2014, Miller won by 20 percentage points; four years later, he won by just five.

BIG DEMAND FOR DAIRY MANURE? New York dairy farms are increasingly being approached by developers looking to turn the methane from their cow manure into fuel that can be sold in California, reports Pro New York's Marie French.

The market for low-carbon fuels, created by California and set to expand in other Western states, is driving the growing appetite for renewable natural gas produced from manure. And New York, which has an ambitious emissions reduction mandate, hasn't developed a policy to deal with emissions from the agriculture sector — including the potent, planet-warming methane from manure.

So dairy farmers and landfills in the Empire State are being enticed by the California renewable gas market to clean up the gas that many already capture and burn for electricity, inject it into interstate pipelines and sell the benefits elsewhere.

Environmental groups are raising concerns about the projects, including the potential for double-counting the emissions benefits. Many of them also warn the combustion of cleaned-up methane still emits planet-warming carbon dioxide and health-harming pollutants.

Movers and Shakers

— Ten Acre Marketing, an agricultural marketing firm, hired Danna Sabolik and Gabrielle Blacker as account coordinators. Blacker most recently led the transition of the United Fresh Produce Association and Produce Marketing Association as the two groups dissolved, giving way to the International Fresh Produce Association.

— John Weber has joined Monument Advocacy's government relations practice, as part of the firm's food and agriculture practice. Weber was previously legislative director for Rep. Dusty Johnson (R-S.D.).

— Russellie Bongolan is now special assistant for research, education and economics at USDA. She's the former political director for Sen. Raphael Warnock's Senate campaign.

 

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

 
 
Row Crops

— Avian flu was found in two more states over the weekend: Maine and New York, per USDA, bringing the state count to five. But there are still no reports of human transmission. Catch up here on the ag impact of the bird flu outbreaks.

— Senate Democrats are asking Transportation Secretary Pete Buttigieg for clarification on the "fix it first" requirement for some of the infrastructure bill funds, arguing it could put rural areas at a disadvantage. Read their letter to Buttigieg here.

— The U.S. will resume avocado inspections in Mexico, paving the way for exports to continue after a one-week halt. USDA originally paused the inspections due to a threat received by one of its inspectors.

— House Agriculture Committee member Jim Hagedorn (R-Minn.) died last week after a lengthy battle against kidney cancer, reports POLITICO's Olivia Beavers. Committee leaders including Chair David Scott (D-Ga.) and ranking member G.T. Thompson (R-Pa.) extended their condolences.

— House Rules Chair Jim McGovern (D-Mass.) continued his "Ending Hunger in America" roundtable series on Friday with a session exploring hunger rates in indigenous communities. Watch the virtual event here.

— Farmers of color continued to receive debt collection warnings even after USDA promised it would suspend collections, foreclosures and other actions against borrowers during the pandemic. The Center for Public Integrity has the details.

THAT'S ALL FOR MA! Drop us a line: xbustillo@politico.com; hbottemiller@politico.com; meredithlee@politico.com and gmott@politico.com.

 

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Helena Bottemiller Evich @hbottemiller

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