Dear Friend,
Thank you all for a successful 2024, and I especially thank those who supported FTCLDF’s End of Year Fundraising Drive. Donations help keep our membership dues low so that all independent farms, ranches and food producers can obtain the legal assistance they need.
If you have not yet contributed, there is still time! Consider making an automatic monthly donation of any amount. If you would like to be involved in 2025 fundraising efforts, please contact Madeline at madeline@farmtoconsumer.org.
ESPECIALLY FOR MEMBERS
Look for Our New "Policy Primer" and Follow Legislative Updates
We will soon release our new “Policy Primer.” This primer is meant to assist you in initiating, championing, and passing food freedom legislation in support of independent producers and cottage food businesses. You will also hear more about FTCLDF’s tracking of new federal and state legislation being introduced as many states begin their legislative session.
Right now there are two federally-proposed regulations that may affect members and readers of FTCLDF.
Salmonella Framework for Raw Poultry Products
USDA Food Safety and Inspection Services has proposed a new federal regulation entitled “Proposed Salmonella Framework for Raw Poultry Products.” This could potentially have a real impact on members engaged in low volume processing, and public comments for this proposed rule are due January 17, 2025.
FTCLDF is troubled that this framework:
Proposes that FSIS consider Salmonella an adulterant at certain levels,
making any poultry product at those standards unlawful under the Federal Poultry Processing Act.
The proposal fails to provide scale appropriate regulations.
The impact on custom slaughter or “fee for service” rather than sales of poultry is unclear.
The USDA's proposed Salmonella Framework for Raw Poultry Products is extremely important and public comments for this proposed rule are due Jan, 17, 2025. Read our Action Alert on this proposed rule.
You can read the proposed regulation now HERE.
To file comments, please visit THIS LINK and select the COMMENT button.
FTCLDF is working on comments that we will be filing in collaboration with other partners.
Be Aware of OSHA Proposed Heat Regulations
Some of our members may be affected by newly proposed OSHA Heat regulations intended to provide employees some protection from the impact from working in heat at 80 Degrees Fahrenheit. This will likely impact businesses with more than 10 employees, including processing plants and agricultural operations.
(Note that the DOL page says that comments are due December 30, 2024, but this has been extended to January 14, 2025).
Again, employers with LESS THAN 10 employees will likely be exempt.
See the proposed OSHA Rule.
You can submit comments on the proposed OSHA Rule HERE.
Update to the Corporate Transparency Act for LLCs and Small Business Owners
During the holidays there were some additional updates on the beneficial ownership interest (BOI) reporting rule, but at this time there is still no requirement to file this information with the Financial Crimes Enforcement Network (FinCEN).
As we shared previously, a federal court in Texas issued a nationwide injunction in early December to prevent the enforcement of the Corporate Transparency Act and the BOI reporting rule. This resulted in all BOI reporting being voluntary, not mandatory, until further ordered by a court.
The Government filed an emergency motion to stay this injunction, and a motions panel of the Fifth Circuit granted their motion which essentially reversed the injunction and would require people to comply with the original BOI reporting rules and deadlines.
As of December 26, 2024, the Fifth Circuit vacated this decision, making the BOI reporting rule again voluntary, not mandatory, until there is a final decision. This is supposedly an expedited issue, and we will continue to monitor this and update our members as needed.
The FinCEN website acknowledges this most recent court order and reiterates that people may voluntarily submit the BOI reporting information, but no one is required to do this while litigation is pending, and no one will face penalties.
