NGFA Major Priorities and Public Policy Goals/Objectives 2014/15 Fiscal Year

Transcription

1 NGFA Major Priorities and Public Policy Goals/Objectives 2014/15 Fiscal Year Tab 5 Top-Tier Goals and Objectives 1. Develop Web-Based, Interactive Course on Introduction to Contracting, Trade Rules and Arbitration. [Complete on or before Jan. 31, 2015.] Identify outside resource/consultant(s) to assist in developing course materials. [First half of 2014.] 2. Consider Feasibility of Converting Biannual Trading, Trade Rules, Arbitration Rules Seminars to Annual Event, Alternating Geographically Between Eastern and Western Grain Belt (e.g., St. Louis, Kansas City, Indianapolis, etc.). [Complete evaluation by May 2014.] 3. NGFA Website Improvements Enhance content; place major focus on populating each section of website with current, business-relevant information for members, as well as information for the public on the role and importance of grain, feed, processing and export industry. [First half of 2014.] Hire or retain the services of an Information Technology/Web Support specialist to perform needed back-office functions for updating website, increasing utilization of electronic communications (e.g., webinars, podcasts). [First quarter of 2014.] Increase NGFA-member engagement on website by 25 percent in average visit duration; 10 percent increase in number of pages visited; and 10 percent decrease in bounce rates (immediate site departures) during fiscal 2014/15. [Jan. 31, 2015.] 4. Develop through U.S. Biotech Crops Alliance Mandatory, Binding and Enforceable Domestic Standards Governing Commercialization of Biotech Traits in United States. [October 2014.] Address components of risk-assessment, risk management (outcome-based stewardship), risk mitigation and risk responsibility (liability). Address traits from perspective of export market approvals and functionally different output characteristics inappropriate to be present above specified level in food or feed. 5. Respond to Major FDA Rulemakings Implementing Food Safety Modernization Act. Feed/pet food proposed rule. [Comment deadline extended to March 31.] Foreign supplier verification. [NGFA Comments submitted.] 1

2 Third-party certification. [NGFA Comments submitted.] Intentional adulteration. [Comment deadline extended to June 30.] Safe food transportation. [Current comment deadline May 31.] Methodology for determining high-risk foods. [Comment deadline extended to May 22.] 6. Lead Agribusiness Coalition Effort to Respond to Anticipated EPA Proposed Rules Revising New Source Performance Standards for Grain Elevators, including Permitting Requirements for Temporary Storage Structures. [Proposed regulations now projected to be issued by EPA in April 2014.] 7. Lead Agribusiness Coalition in Litigation Challenging OSHA s Attempt to Regulate Combustible Dust through Global Harmonization of Hazard Communication Standard. NGFA outside counsel Arent Fox (Marc Fleischaker) serving as attorney for agribusiness industry coalition also comprised of American Feed Industry Association, Corn Refiners Association and National Oilseed Processors Association. [Initial briefs filed Feb. 21.] 8. Increase Direct NGFA Membership Involvement/Participation in Legislative, Regulatory Priorities. Develop new bylaws and business plan to revitalize Grain and Feed PAC. [Spring 2014.] Host grain/feed/processing/export-oriented PAC events during 2014 election cycle. Two events in Washington. Two or more regional events co-hosted in cooperation with State/Regional Affiliate Associations. Increase participation in fly-ins by members, state affiliates. [February and June fly-ins scheduled in 2014.] Conduct facility tours for congressional staff. [Summer 2014, pending verification of compliance with congressional ethics rules.] 9. Lead Industry Efforts at Surface Transportation Board on Major Rail Grain Issues. Grain Rail Rate Proceeding (EP 665, Sub.-No. 1). [May 2014] Competitive Switching Rules Proceeding (EP 711). [Spring 2014] 10. Work with Allied Groups to Secure Congressional Enactment of Water Resources Development Act. [First half of 2014.] 11. Pursue Additional Industry Education/Training/Professional Development Opportunities. 2

3 Explore additional business-development-related education and training relevant to member companies needs (e.g., human resources, health insurance/employee benefits, management training, etc.). [Second half of 2014.] Develop guidance for industry compliance with FDA s final rules implementing the Food Safety Modernization Act. [Begin developing materials in late 2014 and throughout 2015; coincide release with FDA issuance of final rules.] 12. Increase NGFA s Visibility and Effectiveness in Representing Member-Company Interests on International Trade-Related Issues. [Throughout 2014] Increase involvement, in partnership with NAEGA, in ongoing negotiations on international trade accords (e.g., Trans-Pacific Partnership and Trans-Atlantic Trade and Investment Partnership). [Ongoing.] Take leadership role, in partnership with NAEGA, among agribusiness organizations to secure reauthorization of Trade Promotion Authority ( fast-track ) legislation required to enable the U.S. government to secure congressional passage of new trade agreements. [Pending.] Consider seeking appointment of NGFA representative to U.S. government s Agricultural Policy Advisory Committee (APAC) and Agricultural Technical Advisory Committees for Trade (ATAC). [Timed when USDA/USTR issue request for nominations.] NGFA Operations-Oriented Goals and Objectives for 2014/15 1. Long-Range Plan for : Continue implementation, placing priority on: Expanding involvement in the apprenticeship program launched in October 2013 for NGFA-member company employees (particularly newer members with two- to threeyears of industry experience) to participate on NGFA committees. Begin regular reporting of committee functions and activities to the general membership through the NGFA Newsletter and other communications. [Develop a Committee Spotlight section in the NGFA Newsletter during first quarter of Explore other communications mechanisms.] Increase the number of qualified industry members available and willing to serve as arbitrators. [First half of 2014.] 3

4 Provide increased opportunities for NGFA staff education, training and professional development to further enhance the staff s ability to serve NGFA-member interests on complex topics. [Review potential opportunities during staff reviews in January.] 2. Arbitration and Trade Rules: Continue to defend the NGFA Arbitration System against litigation challenges. [Ongoing.] Finalize simplification and reorganization of NGFA Arbitration Rules. [Present proposed amendments to NGFA Arbitration Rules to the NGFA Board of Directors for consideration at its March 2014 meeting.] Complete review of whether to recommend adding provisions to the Trade Rules concerning transportation of commodities by truck. [Submit recommendation to NGFA Board of Directors at its September 2014 meeting.] Review potential changes to the railcar-application process under the Feed Trade Rules. [Report on status of review at the September 2014 Board meeting.] Review potential changes to various provisions of the Trade Rules concerning order bills of lading. [Report on status of review at the September 2014 Board meeting.] 3. Communications and Information Technology: Hire or retain the services of an Information Technology/Web Support specialist to perform needed back-office functions for updating website, increasing utilization of electronic communications (e.g., webinars, podcasts). [First quarter of 2014.] Develop a comprehensive and cohesive Communications Plan for the NGFA, including more targeting of information to specific interests of NGFA members and more use of webinars and podcasts to convey information. [First half of 2014.] Continue to expand use of social media and apps to reach members, media and policymakers. [Ongoing.] 4. Political/Grassroots Activities: Develop and implement a new comprehensive plan for increasing membership involvement in, and financial contributions to, Grain and Feed PAC. [First quarter of 2014.] 4

5 Host grain/feed/processing/export-oriented PAC events during 2014 election cycle. Two events in Washington. Two or more regional events co-hosted in cooperation with State/Regional Affiliate Associations. Increase direct, ongoing membership involvement in the political and regulatory process through direct contacts utilizing new, web-based tools and personal contacts/calls. Initiate new Grain and Feed PAC biannual report to members. [Spring 2014.] Continue to increase utilization of new computer software to better organize and manage PAC solicitations and contributions. 5. Membership and Marketing Consider additional sponsorship opportunities (e.g., website) and new ways to recognize sponsors. [Evaluate during first half of 2014.] Develop and confirm program content/speakers for NGFA conventions, conferences and seminars sooner to enable enhanced marketing of NGFA events. [Ongoing.] Conduct at least two membership recruitment/retention trips annually. [Ongoing.] NGFA Public Policy Goals/Objectives 1. Agricultural Policy: Farm Bill: Secure reforms to Conservation Reserve Program (CRP) in the final version of the farm bill, including: 1) adopting House Agriculture Committee-passed language reducing the CRP cap to 24 million acres (down from the current 32-million-acre cap); 2) encouraging inclusion of the House-passed mandatory penalty-free early out provision; and 3) inclusion of the House-passed schedule for expedited drawdown of CRP acres to meet new, lower acreage cap. In addition, oppose excessive target price levels for grains and oilseeds and linking farm program payments to actual plantings, a planting- and trade-distorting policy that likely would result in a challenge at the World Trade Organization. Continue to support continuation of a viable federal crop insurance program. [Farm bill including these provisions enacted in February 2014; NGFA focus now turning to USDA s implementation during remainder of 2014.] 5

6 Engage with USDA in Better Managing Implementation of CRP: Participate actively in USDA Farm Service Agency s plan to bring stakeholders together to better manage the CRP program to avoid enrollment of productive cropland. [Second half of 2014.] Prevented Planting Provisions under Federal Crop Insurance: Build on NGFA analysis of the extent to which prevented-planting provisions under the federal crop insurance program are encouraging producers not to plant crops by meeting with USDA s Risk Management Agency and crop insurance companies to explore potential reforms. [First half of 2014.] 2. Agroterrorism/Facility Security Develop NGFA s comments on FDA s intentional adulteration/food defense proposed rule that would require facilities to develop and implement a written food defense plan to protect against intentional adulteration of human food, including through acts of terrorism. [Comment deadline June 30.] Work with FDA to host a one-day grain, feed, processing, milling and export industry event on the agency s new web-based Food Defense Plan Builder tool to assist companies in developing facility security and food/feed defense plans. [Summer of 2014.] Revise and update the NGFA-NAEGA-NAMA Facility Risk-Assessment and Security Guide to address workplace violence issues and restrictions on background checks that may be required under the Fair Credit and Reporting Act. [Issue in Spring 2014.] 3. Biotechnology Continue work through the U.S. Biotech Crops Alliance (formerly known as the Biotech Value Chain MOU ) to develop and implement specific industry-developed consensus standards applicable to marketability issues associated with the commercialization of biotech-enhanced commodities. Depending upon the outcome of these deliberations, explore the development of NGFA Biotechnology Arbitration and Mediation Rules to resolve disputes involving situations in which the presence of unapproved or unauthorized levels of biotech-enhanced commodities cause economic damage. [Ongoing.] Interact as part of a broad Safe and Affordable Food coalition led by Grocery Manufacturers Association and National Corn Growers Association to enact federal legislation that would preempt state and local government initiatives governing labeling of food and feed containing biotech-enhanced traits. Continue to advocate that the legislation also address FDA evaluation and labeling of biotech traits with functionally different output characteristics that make their presence inappropriate in the general commodity stream above certain threshold levels. [Ongoing.] 6

7 Continue to provide leadership as a co-chair to the Value-Added Biotechnology Coalition in evaluating the potential need for federal legislation that comprehensively addresses the concerns of grain-handlers, grain processors, the food and feed industries, and other sectors of the biotech value chain. This activity will depend heavily on the outcomes of the U.S. Biotech Crops Alliance s deliberations on developing mandatory, binding and enforceable domestic standards addressing issues associated with the marketability of biotech crop introduction and commercialization. [Ongoing.] 4. Environmental: Develop and submit comments on the Environmental Protection Agency s (EPA) New Source Performance Standards that are expected to include revisions affecting the permitting of temporary storage structures. This work is being conducted as part of a coalition effort also involving the National Oilseed Processors Association, Corn Refiners Association, National Council of Farmer Cooperatives, North American Millers Association and USA Rice Federation. [Proposed regulations now projected to be issued by EPA in April 2014.] 5. Feed: Continue developing and submitting comments in response to the Food and Drug Administration s suite of proposed regulations implementing the Food Safety Modernization Act (FSMA), including proposed rules regarding hazard analysis and preventive controls for animal feed/pet food. Also submit comments on FDA-proposed rules for: 1) intentional adulteration of human food; 4) sanitary food transportation; and 5) methodologies for determining high-risk foods subject to additional product-tracking and tracing and recordkeeping requirements. NGFA already has submitted extensive comments on FDA s proposed rules establishing: 1) hazard analysis, preventive controls and updating current good manufacturing practices for human food; 2) foreign supplier verification procedures; and 3) accredited third-party certification for imported food and feed ingredients. [Ongoing in spring and summer of 2014.] Revise and update NGFA s Model Feed Quality Assurance Program, and develop other education and training guidance for industry, to be consistent and assist feed industry compliance with FDA s final regulations implementing the hazard analysis and preventive control provisions of FSMA. [Likely 2015.] Conduct three regional seminars (East, Midwest and West) on feed safety/quality assurance, focusing on hazard analysis and critical control point principles and current good manufacturing practices in preparation for FDA s final rules under the Food Safety Modernization Act. [To be scheduled.] Conduct a fifth annual Feed/Pet Food Joint Conference on Oct in Omaha, Neb. 7

8 6. Futures and Risk Management Nomination of CFTC Commissioners: Continue collaborative efforts with futures industry, producer and commodity organizations to identify and promote to the White House and congressional agriculture committees the nomination of members to the Commodity Futures Trading Commission (CFTC) who have an agricultural background and experience. [Ongoing.] CFTC Futures Market Customer-Protection Final Rules: Continue leadership and collaboration with other producer, commodity and futures market organizations in developing federal legislation to correct misguided provisions of the CFTC s final rules on futures market customer protection that address residual interest and capital charges. Work with the congressional agriculture committees to secure corrective legislation as part of the CFTC reauthorization bill in Also explore the feasibility of securing legislative reforms to the U.S. Bankruptcy Code to strengthen futures market customer rights and protections; and development of a private-sector customer-protection insurance fund in the event of future insolvencies involving futures commission merchants. [Throughout 2014.] High-Frequency Trading: Continue to monitor the impacts of high-frequency trading on agricultural futures markets (e.g., order fills). Continue to work closely with the CME Group to become more familiar with its order-fill algorithms and how they can be utilized to best serve traditional hedgers. [Ongoing.] 7. Grain and Feed Safety (see also Feed section): Continue active involvement and participation in the Food and Feed Safety Preventive Control Alliance a consortium of government, industry and academia that is developing hazard analysis and preventive control guidance/training for industry and government inspectors on complying with FDA s FSMA regulations. [Ongoing.] 8. Grain Inspection and Weighing Develop and seek enactment of federal legislation removing any alleged uncertainty that USDA s Federal Grain Inspection Service (FGIS) is mandated to perform official grain inspection service, given the disruption of official inspection services in 2013 by FGIS s designated agency the Washington State Department of Agriculture at the Port of Vancouver, Wash., in response to a labor union dispute. [Prepare legislative language in first quarter of 2014 and solicit support from national agricultural producer/commodity organizations and other agribusiness associations.] 9. Safety and Health: Occupational Safety and Health Administration (OSHA) Combustible Dust Standards: 8

9 Continue leadership role with other agribusiness associations in litigation challenging OSHA s backdoor attempt to regulate combustible dust through global harmonization of its hazard communication standard. Other groups participating and sharing costs of the litigation are: American Feed Industry Association, Corn Refiners Association and National Oilseed Processors Association. [Initial brief filed on Feb. 28, 2014.] Address separate OSHA initiative to propose a general industry combustible dust standard. [OSHA scheduled to begin review of impact of such a standard on small businesses in April 2014.] Continue to interact with the National Fire Protection Association (NFPA) on its development of a general industry combustible dust consensus standard. [The NFPA final rule is scheduled to be published in 2015.] Finalize a guidance document for industry on OSHA s revisions to its hazard communications standard, including new education and training requirements for employees. [Complete in spring 2014.] Issue NGFA Guidance for Sweep Auger Operations in Grain Bins incorporating provisions in OSHA enforcement memorandum agreed to as part of its settlement of a challenged citation. [Completed in January 2014.] Conduct another national Safety, Health and Environmental Conference in conjunction with Grain Journal on July in Kansas City, Mo. Continue emphasis on grain and feed industry employee safety and health education and training by conducting up to four Regional Safety Seminars in partnership with Affiliated State and Regional Associations. [Three seminars already have been completed in 2014: Jan. 21 with Nebraska Grain and Feed Association; Feb. 5 with Oklahoma and Texas Grain and Feed Associations; and March 26 with North Dakota Grain Dealers, and South Dakota and Minnesota Grain and Feed Associations. One additional one has been scheduled, and a fifth may be added in 2014.] Continue engagement with the American Society of Agricultural and Biological Engineers in developing a grain bin entry consensus standard. [Ongoing.] 10. Trade: Take a leadership role in partnership with NAEGA among agribusiness organizations to secure reauthorization of Trade Promotion Authority legislation required to enable U.S. government to secure congressional passage of new trade agreements. 9

10 Support successful completion of Trans-Pacific Partnership trade negotiations. A major focus is continued work with NAEGA to advocate meaningful reforms of non-science based sanitary and phytosanitary restrictions, including adoption of a timely and transparent rapid-response mechanism that would be activated before negotiating countries reach WTO mediation to address such incidents as part of a World Trade Organization-plus arrangement. [Ongoing.] Provide input to the U.S. government in its negotiations with the European Union on a potential new trade agreement. The NGFA previously has joined with NAEGA and other groups in: 1) submitting a statement of principles to the U.S. Trade Representative and other administration officials concerning the Trans-Atlantic Trade and Investment Partnership (TTIP); and 2) urging the Obama administration to pursue a comprehensive, 21st century agreement that covers all significant barriers, including sanitary and phytosanitary issues, as part of the TTIP negotiations. [Ongoing.] Attempt to reorganize and revitalize the International Grain Trade Coalition (IGTC) to serve a leadership role for world grain exporters and importers in advocating science- and risk-based processes governing trade in grains, oilseeds and grain products. Implement new funding plan and select a professional staff Secretariat to enable IGTC to serve expanded role. [Ongoing.] Continue collaboration with NAEGA on issues related to facilitating bilateral grain and grain product trade between Canada and the United States following Canada s implementation of the Marketing Freedom for Grain Futures Act that removed the mandatory requirement that wheat and barley be marketed solely through Canadian Wheat Board. [Ongoing.] 11. Transportation: Continue significant involvement in major Surface Transportation Board (STB) proceedings on: New procedures for challenging unreasonable grain rail rates (EP 665, Sub-No. 1); Competitive (reciprocal) switching rules (EP 711); Rail cost of capital (EP 664, Sub.-No. 2); and Any other new proceedings of importance to agricultural rail shippers and receivers. (Extensive activity during first half of 2014.) Interact directly with carriers on rail car and service issues, including deteriorating service performance by BNSF, Norfolk Southern Railway and other carriers; and rail tank car spread tariffs instituted by Union Pacific Railroad. Identify truck transportation issues important to NGFA member companies, and how best to address them within the NGFA s committee structure. [Develop recommendation for consideration by NGFA Executive Committee at its June meeting.] 10

11 Work with North American Freight Car Association to address rules on rail tank cars instituted by Association of American Railroads, Federal Railway Administration and U.S. Department of Transportation s Pipeline and Hazardous Materials Safety Administration. Meet with Class I carriers to discuss rail issues of concern, including shifting of liability from carriers to shippers on matters outside control of shippers. Lead agricultural producer and agribusiness efforts in securing passage of legislation to reauthorize Water Resources Development Act to fund lock-and-dam renovation and construction projects, harbor maintenance and dredging. [First half of 2014.] Work with Waterways Council Inc. to find appropriate legislative vehicle to attach legislation authorizing an increase in the barge fuel user fee to generate funds needed to complete inland waterway renovation projects. [Throughout 2014.] Continue efforts with Waterways Council Inc. to develop a management plan for maintaining Mississippi River navigation during drought years. [Status: Pending.] Continue to work with congressional farm bill conferees to preserve USDA s authority to interact on regulatory proceedings involving all modes of transportation as part of legislative provisions mandating that USDA update its 2010 transportation study and involve itself in STB proceedings affecting agriculture. [Included in 2014 farm law.] Continue cooperative efforts with the Association of American Railroads, American Trucking Associations, American Petroleum Institute and others in drafting legislation to address the U.S. Customs and Border Protection s effort to require the reporting of the weight (and value) of product residue in containers, such as trucks and railroad cars, returned to the United States from Canada and Mexico. [Throughout 2014.] Work with NAEGA on cross-border trade disruptions involving the alleged presence of soil residues in conveyances transporting agricultural commodities. [Throughout 2014.] Continue to administer and coordinate the activities of the Agricultural Transportation Working Group, which consists of national agricultural producer, commodity, agribusiness and animal agriculture organizations that focus on rail, truck and waterway transportation policy issues and developments. [Ongoing.] 12. Warehousing: Monitor the finances of the Federal Grain Warehouse Licensing Program so it remains cost-competitive with State Grain Warehouse Licensing Systems. [Ongoing.] Conduct 43 rd annual Country Elevator Conference, Dec. 7-9, Indianapolis, Ind. 11