December 4, 2015 CapitalPress.com ISU facility testing new food-safety technology By JOHN O’CONNELL Capital Press POCATELLO, Idaho — An Atlanta-based company recently finished build- ing a $4 million electron- ic linear accelerator test and demonstration facility at Idaho State University to research a cheaper and more effective method of using the technology to im- prove food safety and shelf life. Dolan Falconer, CEO of ScanTech Sciences, said the facility, housed within the university’s 216,000-square-foot Re- search and Innovation in Science and Engineering Complex, uses a process called electronic cold pas- teurization to bombard food with accelerated electrons. ECP enables commodi- ties to be harvested “at the peak of ripeness” with a long shelf life, while con- trolling pests and destroy- ing pathogens such as sal- monella and E. coli without the need for chemicals. ECP has also inhibited sprout- ing in potatoes by up to 18 months. Similar technology has been used in the medical industry, and in food to a limited degree by compa- nies such as Schwan’s and Omaha Steaks. But ScanTech’s approach to irradiating food is faster, more effective and “orders of magnitude” cheaper, said RISE Complex director Eric Burgett. “We’re helping to engi- neer and design much more economic ways to do this,” Burgett said, adding pro- duce moves on a conveyor during treatment at ISU’s new research and develop- ment facility at 60 feet per minute. Capital Press EPA’s release on Monday of its final volume require- ment levels under the Renew- able Fuels Standard program for 2014 through 2016 is a blow to U.S. chicken produc- ers and a mixed bag for U.S. corn producers. The largest component of renewable fuels is corn-based ethanol, and the final levels required to be blended with transportation fuel are higher than EPA’s proposed volumes in June, yet not as high as mandated by Congress. The higher volumes will increase the cost of feed to poultry and livestock produc- ers and raise the cost of fuel and food to consumers, Na- tional Chicken Council Pres- ident Mike Brown stated in a press release. “Since the RFS was enact- ed, chicken producers alone have incurred more than $50 billion in higher actual feed costs due to the ethanol man- dates, and the tab keeps get- ting run up under this broken law,” he said. On the other side of the equation, corn growers are pleased with the upward re- vision but displeased that volumes are not as high as John O’Connell/Capital Press ScanTech plans break- ing ground on its first com- mercial facility using the technology within 14 to 18 months in McAllen, Texas. The Texas plant will have the capacity to process 10 to 20 truckloads of produce per day, with the conveyor designed to run at 120 feet per minute. The location was chosen based on the high volume of food that moves through that region for international trade. “We have taken that de- vice and we have optimized it for food,” Falconer said. Burgett said ISU com- menced pilot-scale testing in 2014 and brought its testing facility online a few days ago. ISU will help re- search treatment parame- ters that maximize benefits without impairing quality for specific commodities. Burgett said ISU students will focus thesis work on the technology, and the uni- versity also plans to devel- op a technician program to train operators. Falconer envisions the technology will eventually become the industry stan- dard, and he anticipates ex- panding to additional loca- tions with port access, such as Oregon or Washington. “We believe the longterm demand will be substan- tial — that the technology will be wanted by many in the industry, so we’ll have plenty of opportunities to (expand),” Falconer said. Falconer said the tech- nology has already been approved for use by USDA and the major export mar- kets. He said the company’s first priority after forming in 2009 was “getting the government to approve the treatment methodology here in the U.S.” EPA renewable fuel level mandates The Environmental Protection Agency’s Renewable Fuels Standard program requirements have direct economic consequences for farmers and livestock producers. Mandated by Congress (Billions of gallons) Item 2014 2015 2016 2017 Total renewable fuels Conventional biofuel (corn) 18.2 14.4 20.5 15 22.3 15 24 15 Item 2014 2015 2016 2017 Total renewable fuels Conventional biofuel (corn) 15.9 13.3 16.3 13.4 17.4 14 — — By fuel type 2014 † 2015 † 2016 2017 Cellulosic biofuel Biomass-based diesel Advanced biofuels * Conventional biofuel (corn) Total renewable fuels 0.03 1.6 2.7 13.6 16.3 0.12 1.7 2.9 14.1 16.9 0.23 1.9 3.6 14.5 18.1 n/a 2 n/a n/a n/a EPA proposed, June 2015 † Levels reflect actual amount of domestic use. *Includes cellulosic and biomass-based. Source: EPA data compiled by Capital Press Congress mandated. EPA’s revision is a step forward, but “any reduction in the statutory amount will have a negative impact on the economy, the energy sector and the environment,” Na- tional Corn Growers Associ- ation President Chip Bowling said in a written statement. Cattle producers aren’t enthused by EPA’s decision, as any increase in RFS lev- els has the potential to distort Capital Press graphic prices. But it doesn’t change the overall position of Na- tional Cattlemen’s Beef As- sociation, said Chase Adams, NCBA director of communi- cations. “We have never opposed ethanol production, only the mandate. Anytime you have the government picking one user over another, you create distortion in the price. We’ve always advocated for a level playing fields,” he said. Brown said that in setting the domestic mandates, EPA did not account for the amount of ethanol that is exported. Exports divert additional corn away from the domestic feed and food market, he said. Combined, 2014 and 2015 ethanol exports are likely to divert the equivalent of an ad- ditional 600 million bushels of corn away from feed and food use, in addition to what is mandated by the RFS, he said. The corn ethanol mandate at 14.5 billion gallons would require more than 5 billion bushels of corn, according to the U.S. Cooperative Exten- sion Service. National Corn Growers Association contends the RFS has been one of the most suc- cessful energy policies in the U.S., benefiting the economy, energy independence and the environment. The country should be strengthening its commitment to renewable fuels, not back- ing down by reducing statuto- ry levels in the RFS, Bowling said. “In light of EPA’s decision, we are evaluating our options. We will fight to protect the rights of farmers and consum- ers and hold EPA account- able,” he stated. Baby food company accused of mislabeling Lawsuit claims ingredients were misrepresented By MATEUSZ PERKOWSKI Capital Press The Gerber baby food company is accused of mis- leading consumers by label- ing a cereal snack with fruits and vegetables that aren’t contained in the product. Nancy Henry, an Oregon U.S. Food and Drug Administration seeks added money for 2016 Capital Press Final fuel levels scald chicken producers, while leaving corn producers wanting By CAROL RYAN DUMAS Funding questions loom over food safety overhaul By MATEUSZ PERKOWSKI Dolan Falconer, chief executive officer of ScanTech Sciences Inc., demonstrates how to treat produce using a new electronic linear accelerator at Idaho State University’s RISE Complex, which his compa- ny financed to research how to treat food with a process known as electron beam cold pasteurization. His company already has plans to break ground on a commercial facility in McAllen, Texas, and ISU intends to train personnel for the burgeoning industry. resident, has filed a lawsuit against Gerber and its parent company, Nestle USA, alleg- ing that they violated the Ore- gon Unlawful Trade Practices Act by misrepresenting the in- gredients in its Gerber Gradu- ate Puffs. The lawsuit seeks class ac- tion status and $200 in com- pensation for every consumer who bought the products, as well as an injunction against future mislabeling. The plaintiff claims that the Puff brands use the names and images of sweet potatoes and bananas while they actu- ally contain only apple puree. Similarly, the product called Gerber Peach Puffs contains less than 2 percent peach juice concentrate, the lawsuit alleges. “The Puff products contain no dietary fiber — a key substance found in fruits and vegetables — and contain vitamins only due to a process of synthetic vitamin fortification.” Capital Press was unable to reach an attorney represent- ing Gerber and Nestle USA for comment as of press time. Litigation over food la- beling has been skyrocketing in recent years, according to a study by Nicole Negowet- ti, a law professor who has studied the issue at Valparai- so University Law School in Indiana. While only 19 such cases were filed in 2008, that num- ber had climbed to more than 100 by 2012, according to a statistic cited in Negowetti’s report. 17 PORTLAND — As the U.S. Food and Drug Adminis- tration prepares to implement new food safety regulations, questions linger about its abil- ity to fully fund the strategy. In 2010, when Congress was debating the Food Safety Modernization Act, the Con- gressional Budget Office es- timated that FDA would need an additional $583 million to enforce the law over five years. Since the statute was passed in 2011, though, the agency has received only about $162 million, said Mi- chael Taylor, its deputy com- missioner for foods and veter- inary medicine. Now that key FSMA rules have been finalized, the agen- cy is asking Congress for nearly $110 million to begin compliance efforts in 2016, he said at a Dec. 1 meeting in Portland. Without that level of fund- ing, Taylor said he’d antici- pate “delay and disruption” in implementing the law. “There’s only so much you can squeeze,” he said. “We have very hard decisions to make.” Even if FDA receives its full request, that would still bring total FSMA funding to $272 million — less than half of CBO’s estimated need for five years. However, Taylor said the agency will likely be able to implement the statute with a lower funding level because it’s realigning existing staff around the law rather than re- lying solely on new hires. “We’re taking pains to do this efficiently,” he said. Most farmers’ interaction with the new food safety sys- tem will occur through state agriculture departments, which are better equipped to implement the law on-the- ground than FDA, Taylor said. “We don’t have the re- sources, we don’t have the presence, we don’t have the knowledge,” he said, adding that state agencies will need federal money to help imple- ment FSMA. “We can’t expect it to hap- pen as an unfunded mandate,” Taylor said. Regulations implementing FSMA are targeted at several sectors of the food industry, including farmers, manufac- turers and foreign suppliers. The FDA can’t prioritize enforcing the rules for one of these sectors without creating an uneven playing field — for example, if domestic produc- ers were scrutinized more closely than foreign suppliers, he said. “We can’t just fund parts of FSMA,” said Katy Coba, director of the Oregon Depart- ment of Agriculture. “We’ve got to have full funding to make this work correctly.” Gail Greenman, director of national affairs for the Oregon Farm Bureau, urged growers attending the recent event to contact their congressional delegations to support fund- ing for FSMA’s implementa- tion. “When that request comes from the ground, from the grower, it represents more than anything we can do,” she said. It’s unclear exactly how state agriculture departments will carry out FSMA, but it’s possible the FDA will estab- lish cooperative agreements with these agencies detailing their duties to inspect farms, said Stephanie Page, direc- tor of food safety and animal health at ODA. ODA would like to learn the specifics as soon as possi- ble because the agency must obtain authorization from the Oregon Legislature for new positions, even if they’re funded with federal dollars, Page said. At this point, the National Association of State Depart- ments of Agriculture is devel- oping a blueprint outlining a possible cooperative structure with the FDA, she said. The blueprint will allow state agencies to have an “off the shelf” plan ready for when funding does become avail- able, Page said. “We’re trying to be as prepared as we pos- sibly can without taking on unfunded work.” Bayer CEO to address FarWest conference Ag departments share complaint response process By MATTHEW WEAVER Capital Press The head of Bayer Crop- Science will address the FarWest AgriBusiness Asso- ciation’s annual winter con- ference. Bayer CEO James Blome will speak during the con- ference at noon Dec. 9 at the Three Rivers Convention Center in Kennewick, Wash. The conference is Dec. 8-10 in Kennewick, Wash. Bayer is involved with pollinator issues, GMOs and seed treatments. Blome is also vice chair of CropLife Amer- ica, the U.S. trade association representing crop control and pesticide manufacturers and distributors. Blome will provide an in- dustry view, said Jim Fitzger- ald, executive director of the association, based in Spokane. “How do we respond to what some call social con- science,” Fitzgerald said, citing GMO and pesticide concerns. “There’s fear and apprehension, so how do we satisfy that, put that into re- lation with feeding the world and feeding ourselves?” The conference also in- cludes a state pesticide com- plaint and response panel at 8 a.m. Dec. 10. Representatives from five departments of agri- culture will share the response process when members of the public make a complaint about a real or perceived chemical application threat. “The full gamut of pes- ticide-related complaints” will be ad- dressed, Fitz- gerald said. “I Fitzgerald think it’s going to be helpful for the people in our audience to hear how that process goes.” FarWest represents the fer- tilizer and agriculture chemi- cal industry in Idaho, Nevada, Oregon, Utah and Washing- ton. “These are quite often agronomists that work for re- tailers who interface with cus- tomers, who are the farmers,” Fitzgerald said. “They do everything from soil tests to crop consulting — what kind of fertility, pest control, how to maximize yields.” The conference includes several course tracks, includ- ing agronomics, new technol- ogy, safety and regulatory re- quirements, management and a new track offered this year, maintenance service. Ag-Tes- ter representative John Dig- nan will also speak. “What happens if you have a bad wiring harness or a short circuit — how do you fix that, how do you troubleshoot?” Fitzgerald asked. “Once you figure out the problem, how are you going to source the replacement parts? Equally important is, how do you test those new parts before you go to all the trouble to in- stall them? Before you plug them in, you want to know everything is operating as it should.” FarWest holds an addition- al regional conference Jan. 12-14 in Twin Falls, Idaho.