FTRAC Meets with Monsanto on Biotechnology

ABA FTRAC members are briefed by Monsanto scientist Dr. Rick Goodman on biotech food and feed safety.

On October 26, there were 36 members of the ABA Food Technical Regulatory Affairs Committee (FTRAC) that met with a team of Monsanto biotechnology experts. Monsanto briefed the group on a variety of issues including roundup-ready wheat, starlink corn, food and feed safety, the regulatory process, consumer outreach and the recent activities of the Council for Biotechnology Information. The Committee also received an extensive tour of the Monsanto food biotechnology research facilities. " The meeting was very productive, and I believe our Committee, as well as the Monsanto staff, benefited from the open discussion on many aspects of biotechnology and its implications and possible impact on the baking industry in the future," said ABA FTRAC Chairman Rella Dwyer, Senior Vice President, Technical Services, The Long Company. During the subsequent FTRAC meeting, the Committee agreed to continue discussions with Monsanto and other leading biotech companies on this issue. "It was a very informative day at the Monsanto Research facility," said Biotech Subcommittee Chairman André Biane, The Earthgrains Company. "I believe everyone who attended gained a greater appreciation of the time investment and regulatory hurdles required to commercialize a biotech agricultural commodity," he added.

Attendees at the Bio-tech meeting (from left): Valerie Wayland, Mrs. Smith’s Bakeries, Inc.; Andre Biané, ABA Biotech Subcommittee Chairman, The Earthgrains Company; and Stan Lowry, Krispy Kreme Doughnut Corporation.

FTRAC met later in the day in a closed session to discuss other technical items of interest including a review of the FTRAC Strategic Plan for future research initiatives. Also included in the Committee discussion were updates on the ABA Industry Protocol for Establishing Shelf Stable Pumpkin Pie and the recently completed AIB Research Study; recent ABA comments to FDA on use of the term "fresh" for baked goods and comments on FDA’s inquiry regarding added sugar labeling, as well as, Canadian nutrition labeling health claim proposals. The Committee also had a discussion and began planning for the 2001 ABA-ARS Annual meeting which will be held the week of February 20, 2001, in Albany, California at the USDA-ARS Western Research Facility.

ABA Energy and Environmental Health Committee Takes on EPA and CFCs

Attendees of the Energy & Environmental Health Committee meeting during a presentation given at the Tasty Baking bakery downtown by a representative of the EPA.

ABA Energy and Environmental Health Committee met in Philadelphia on October 17 and 18, 2000. Thirty bakers attended the meeting which included a tour of the Pepperidge Farm, Inc. bakery in Denver, PA and the Tasty Baking Company bakery downtown Philadelphia. The purpose of the bakery visits was to look at sweet good production for discussions of waste water treatment and at high technology high speed automation. Both facilities are known for their quality sweet goods and for their automated lines.

Most timely was a presentation and discussion with Julius Banks an environmental engineer with the Environmental Protection Agency (EPA). Mr. Banks talked about the regulation of CFC refrigerants. The baking industry is the focus of an EPA national enforcement initiative for the use of CFC refrigerants. Mr. Banks indicated that the most important move for a bakery at this time was to make sure that their technicians are certified and that the technicians have copies of the regulations and guidance.

Special concerns during the three hour discussion were raised about many issues. One example is mixer jackets, which use CFCs, and are subject to repeated repairs of hoses or jackets. EPA suggests that this equipment is replaced, but bakers questioned the reasonableness of this; further discussions between industry and EPA will take place on this subject. A conference call will be scheduled soon for bakers to determine what our next steps will be on the CFC issues.

"ABA is collecting and providing material about CFC compliance and forwarding it to our members," stated Anne Giesecke, Ph.D., ABA V.P. Environmental Activities, "Companies are encouraged to contact us for this information," she concluded.

ABA Leads Successful Lobbying Effort on Clean Water Rule – Rule With a High Cost to Bakers

ABA and the Clean Water Industry Coalition (co-chaired by ABA) registered an additional success in controlling the EPA rule for clean water Total Maximum Daily Load (TMDL). This burdensome and costly rule was delayed until October 2001 by an earlier effort by these groups. Now, language in the appropriations bill for the EPA and other agencies states that the National Academy of Sciences will review the science used by the EPA to develop and implement TMDLs by June 2001. In addition, EPA is required to report to Congress within 120 days with a comprehensive assessment of the potential state resources required by the TMDL rule. The costs to the regulated community must include both public and private sector costs. EPA must also prepare an analysis of the scientific monitoring data needed for TMDLs. EPA and the regional offices are prohibited from developing guidance to the TMDL rule. EPA has frequently used guidance when a rule was not in place. "This rule is out of line with Congressional intent of the Clean Water Act and must be brought back in line. ABA will continue efforts in the next Congress to improve the rule in science and reasonableness," declared Anne Giesecke, Ph.D. , ABA V.P. Environmental Activities.

In addition, language prohibits EPA from spending funds to implement the Kyoto Protocol on global climate change. ABA has worked with others to delete this funding which was also in the past two fiscal years.

ABA Chairs Sessions at AACC

Anne Giesecke, ABA V.P., Environmental Activities, presented a paper at the American Association of Cereal Chemists meeting in Kansas City, Missouri. Her paper, "Water Meets the Precautionary Principle," identified the need to treat water as an ingredient. Dr. Giesecke stated that incoming water is analyzed and possibly treated, and discharge water is managed in as cost-effective a manner as possible.

Dr. Giesecke cochaired two sessions, Engineering and Processing Parts I and II. The nine papers in these sessions addressed computer modeling of dough and electronic monitoring at levels as low as molecular, using NIR, ultrasound and photomultiplier tubes.

As a member of the Bread Methods Committee, Dr. Giesecke participated in the discussion of model bread formulations and scoring sheets.

OSHA Ignores Intent of Congress - Final Outcome Hinges on Labor Spending Bill and Presidential Election

On November 13, 2000, the Occupational Safety and Health Administration issued its final Rule on ergonomics. The 1,600-plus page proposal, issued during ongoing negotiations between Congress and the White House on the fate of the regulation, would be the most far-reaching intrusion into the wholesale baking industry ever by OSHA.

"Despite bipartisan support for legislation to block OSHA from its reckless rush to regulate, OSHA has given an early present to the Vice President’s political allies," said ABA Vice President Government Relations Robb MacKie. "We urge Congress to remain true to its earlier action and give the next president the ability to revoke this fatally flawed regulation and start again."

Among the more onerous requirements in the new regulation are the new workers compensation for repetitive stress complaints, the ban on employee safety incentive programs, the possible ban on post accident drug testing, and the emphasis experimentation in the workplace under the guise of "engineering controls". Particularly troubling is the inclusion of a number of "action triggers" such as lifting 25 pounds "below the knees, above the shoulder, or at arms’ length" 25 times a day or kneeling and squatting for more than 2 hours a day.

"This regulation sets the concept that regulations should be well reasoned and founded on sound science on its head," said Mr. MacKie, who Co-Chairs the National Coalition on Ergonomics’ Lobbying Task Force. "It is physically impossible for OSHA to have cataloged, let alone read, the over 200,000 pages of comments it has received on this rule."

The proposed regulation also would require bakers with a worker who complains about ergonomic stress, including aches and pains, or a condition with the potential to cause ergonomic stress to make changes in that part of the workplace. Such steps could include slowing down production speeds, adding more workers, or equipment modifications. Such modifications would have to continue forever even if there were no complaints or potential causes of complaints.

"We are deeply disappointed that OSHA has rushed this regulation out," said Mr. MacKie. "Unfortunately, ABA has no choice but to join with the NCE and seek legal relief from this monstrosity. We are extremely pleased, however, with the support from every segment of the business community, medical specialists, and state and local governments for pursuing legal recourse."

"ABA also will continue to pursue every legislative avenue still available to overturn this rule. This includes the current budget negotiation on OSHA’s funding and provisions in the Congressional Review Act allowing congressional rejection of major regulations. ABA is calling on all of its members to communicate their outrage at this rule to their elected representatives and to OSHA itself," said Mr. MacKie.

The American Bakers Association (ABA) is the trade association that represents the nation’s wholesale baking industry. Its membership consists of more than 300 wholesale bakery and allied services firms. These firms comprise companies of all sizes, ranging from family-owned enterprises to companies affiliated with Fortune 500 corporations. Together, these companies produce approximately 80 percent of the nation’s baked goods. The members of the ABA collectively employ tens of thousands of employees nationwide in their production, sales and distribution operations. The ABA, therefore, serves as the principal voice of the American wholesale bakery industry.

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ABA Leads A Successful Effort for Regulatory Reform

The President signed into law S. 1198, the Truth in Regulating Act, late on Tuesday, October 17. This Act will promote effective Congressional oversight of proposed major regulations. It will establish an office in the General Accounting Office (GAO) to perform independent evaluations of the regulatory analysis (including the cost-benefit analysis and risk assessment) underlying important regulatory proposals.

The purpose of regulatory reform bills is to give Congress the tools necessary to ensure that agency regulations truly reflect the intent of the law. Anne Giesecke, Ph.D., ABA V.P., Environmental Activities, argued, "This year federal agencies have proposed rules, such as Clean Water for example, that, in view of many, go beyond Congressional intent. This trend must stop."

This tool will add to the Congressional review of final rules that the last Congress passed with the Congressional Review Act. These tools raise the accountability of agencies to implement Congressional intent. "Our use of the Congressional Review Act to scrutinize the Environmental Protection Agency’s (EPA) new Clean Water Act rule for Total Maximum Daily Loads (TMDL) is politically ground breaking and critical in forcing EPA to realize the need for a reasonable rule," noted Dr. Giesecke.

This new law allows the General Accounting Office, when a Federal agency publishes any proposed or final rule that may have an annual effect on the economy of $100 million, to review the rule at the request of a committee of jurisdiction of either House of Congress. The bill requires a report which includes an evaluation of the agency’s analysis of the costs and benefits and alternative approaches to the rule. Appropriations are authorized for FY 2000 through 2002, a three-year period. The bill requires the GAO to report to Congress on the project’s effectiveness and on whether it should be authorized permanently.

ABA Continues Success With Regulatory Reform Agenda

The Regulatory Right-to-Know Act is expected to become law with the signing of the Treasury and General Government appropriations legislation. This law will require the Office of Management and Budget (OMB) to submit each year, with the federal budget, a report on the costs and benefits of regulatory programs. In addition, the OMB will issue guidelines to agencies to standardize measures of costs and benefits and the format of the accounting statements. These tools are necessary to understand and prioritize the implementation of regulations. "Although zero risk is an important goal, the money may not be available to meet all of society’s needs at one time. The government needs to look across agencies and across programs and use resources where they will be most beneficial to people. This regulatory reform provision moves us much closer to that goal," stated Anne Giesecke, Ph.D., ABA V.P. Environmental Activities.