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I did a thread about how the FDA's premarket notification rules were delaying a boost in PPE production. But the FDA's regulatory morass has also been responsible for some part of the recent food wastage. In this case, it was because of food labelling requirements. 1/
Farms that sell directly to restaurants are normally exempted from the food labelling standards that apply to farms selling to grocery stores. This seems odd even in ordinary times, but it is what it is. And they are mostly distinct supply chains. 2/
But as the shutdown closes farmers' markets and restaurants across the country--which are the primary sources of revenue for smaller farms that participate in the "locavore" movement--farmers suddenly have produce they can't sell. 3/
The logical thing for them to do is to sell to grocery stores, but doing so means jumping through a bunch of regulatory hurdles at the FDA that they were normally exempted from. What are those hurdles? 4/
Well, before, a farmer could just tell their restaurant / market buyers, this is a squash. Does it look like a good squash? Then buy the squash.
But now, they must label exactly nutritional components are in that squash. 5/
But now, they must label exactly nutritional components are in that squash. 5/
So you need to figure out how many calories and nutrients are in each ounce of your squashes. That requires hiring or contracting a couple of research scientists to conduct testing on your produce. They'll need lab space, testing equipment like calorimeters. 6/
Also bear in mind that fresh produce rots quickly, which is fine when sales are local, but it takes longer to get that food into grocery stores. But if you try to preserve or can the produce, a new set of regulations kicks in. 7/
Since it's no longer "raw agricultural produce," you'll have to generate a report showing whether or not you added artificial coloring. You'll also need a report averring that there are no known allergens in the product. Again, hire more researchers, spend more money. 8/
And, most significantly given our current circumstances, all of that takes time. How quickly can you hire researchers, run a bunch of lab tests for each food item, submit a labelling approval application to the FDA, and get that produce on store shelves? 9/
The FDA/USDA (they work together on labeling) recently started allowing applicants to submit their request for labelling approval to an online system with the goal of streamlining the process. But delays of 20-21 business days are normal. 10/ https://www.provisioneronline.com/articles/108075-fsis-experiencing-21-day-delay-for-label-approval-process
So you add up the time to hire scientists, conduct experiments, and then wait for labelling approval, and we are realistically talking about months for a farm to get their produce onto grocery store shelves. These farms don't have months. 11/
So instead the only thing that they can do is dump the food, pour out the milk, plow under fields. Fresh produce won't sit around waiting for months for you to get approval to sell it via an alternate supply chain. 12/
This is how we ended up in a situation marked simultaneously by mass food wastage AND bare grocery store shelves. 13/ https://www.nytimes.com/2020/04/11/business/coronavirus-destroying-food.html?smtyp=cur&smid=tw-nytimes
Now, at the end of March the FDA announced a temporary halt to labelling enforcement for the duration of the emergency. This is a good thing, although it came too late to save March crops. But... 14/ https://www.fda.gov/regulatory-information/search-fda-guidance-documents/temporary-policy-regarding-nutrition-labeling-certain-packaged-food-during-covid-19-public-health
...if you're a food producer there is no guarantee that in the time you transition to the new supply chain the emergency will be ongoing and thus that FDA non-enforcement will still be in place. There's still regulatory uncertainty. 15/
Rather than saying "for the duration of the emergency" "we do not intend to object," the @US_FDA should have given a hard "we will not object" and provided a specific timeframe, say six months or a year, thus removing regulatory uncertainty. 16/
But I'm afraid that damage has already been done to local farmers & the long-run effect will be even further consolidation of food production in the hands of larger, "factory" farms that already have their own labs, food scientists, and regulatory compliance specialists. 17/
One thing is true both during times of emergency and ordinary, the burdens of regulatory compliance fall most heavily on small, non-incumbent outfits. This crisis is just throwing the regulatory "moat" around large food producers into high relief. /fin
