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November 20, 2015 CapitalPress.com 3 Regulators face competing views of ‘natural’ food By MATEUSZ PERKOWSKI Capital Press Analysis The U.S. Food and Drug Administration is facing two competing requests for label- ing food as “natural” — ban- ning the term altogether or defining it to include biotech ingredients. The agency is bound to receive many other propos- als regarding “natural” labels now that it’s soliciting public comments about their use, po- tentially to create new regula- tions. Concerns over “natural” labels are nothing new in the food industry. The FDA con- sidered an official definition of the term nearly 25 years ago before ultimately scrapping the idea. The proposal was recent- ly resurrected due to petitions from the Consumers Union and the Grocery Manufactur- ers Association, who have very different concepts of how the term should be used. The FDA is also motivated by several lawsuits over food labels in which federal judges have asked for clarification about what can legally be called “natural.” The agency has so far re- cused itself from weighing in on specific legal disputes, such as whether high-fruc- tose corn syrup is “natural,” replying that any new policy would have to undergo formal rule-making. As it stands, the FDA doesn’t restrict foods under its jurisdiction from being labeled “natural” unless they contain “added color, synthetic sub- stances and flavors.” The problem, according to the Consumers Union, is that some food companies ignore this guidance without any re- percussions from FDA’s regu- lators. “They say that, but they don’t enforce it,” said Urvashi Rangan, the group’s consumer safety and sustainability di- rector. “It’s not truly binding, which it should be.” A survey by the Consumers Union found that two-thirds of consumers believe that “nat- ural” encompasses traits that actually meet the definition of “organic,” such as foods pro- duced without pesticides or ge- netically modified organisms. Due to this confusion over the difference between “organ- ic” and “natural,” the Consum- ers Union has advocated for FDA prohibiting the “natural” term from food labels. Rangan acknowledges that some doubts have been raised about the constitutionality Farm impacts impede landfill expansion By MATEUSZ PERKOWSKI Capital Press A controversial proposal to expand a landfill on farmland in Oregon’s Yamhill County has been dealt a setback because of an adverse land use ruling. Oregon’s Land Use Board of Appeals found that, in ap- proving the proposal, the county government improper- ly shifted the burden to farm- ers to prove they’d be harmed by the 29-acre expansion. Because of this error, LUBA has now sent the ap- proval decision back to Yamhill County for reconsideration. Under Oregon law, certain non-farm uses such as land- fills can only be approved if they don’t “force a significant change” in farm practices on surrounding farmland. In this case, LUBA found that the county incorrectly discounted evidence of harm from the Riverbend landfill on properties beyond one mile from the facility. The county also erred by disregarding evidence of bird damage because the farmers didn’t quantify the amount of destruction, LUBA said. It’s up to landfill’s owner — Waste Management — to prove the harm isn’t signifi- cant, but the county didn’t fault the company for not quantify- ing the extent of damage from birds attracted to the facility, the ruling said. Similarly, LUBA said the county insufficiently consid- ered the impacts of wind carry- ing plastic bags and other trash from the landfill onto nearby fields, complicating hay bal- ing. The county also should have considered the negative effects of noise on a nearby pheasant farm as well as “odor and visual impacts” on farm stands and other direct market- ing operations, LUBA said. “GMA is concerned that differing state laws and judi- cial decisions will inevitably confuse consumers, disrupt the free flow of goods in in- terstate commerce and impose unnecessary costs on the food industry and, potentially, con- sumers,” the petition said. By including biotech crops in the meaning of “natural,” the FDA would provide con- sumers with a less expensive alternative to organic foods, GMA said. If biotech crops could not be labeled as “natural,” man- ufacturers would be discour- aged from using the label or would have to undertake steps that render “natural” foods more expensive, the group said. “The cost of creating and maintaining a separate supply of identity-preserved crops from farm to table would add significantly to the cost and availability of these ingredi- ents,” according to GMA. Helicopters cleared for Christmas tree harvest By MATEUSZ PERKOWSKI Capital Press Mateusz Perkowski/Capital Press Ramsey McPhillips, a landowner in Oregon’s Yamhill County, points to the Riverbend landfill, which abuts his property, in this Capital Press file photo. A recent land use ruling has impeded the landfill’s expansion, which is opposed by nearby farmers who complain of bird damage, noise, odor and drifting litter. Ramsey McPhillips, a land- owner and longtime opponent of the landfill, said the LUBA decision is a victory because Oregon’s environmental regu- lators can’t permit the expan- sion until Yamhill County re- vises its findings or the ruling is reversed on appeal. It will be difficult for the county’s commissioners to again ignore evidence of harm to farmers, but if they do, op- ponents will again challenge the approval, he said. “We’re not going to give up. We’re going to just keep going and going and going,” McPhillips said. The best case scenario for opponents would be if Yam- hill County turned down the expansion proposal, especially since the legal controversy is prompting landfill customers to examine other dumping op- tions, he said. “The tide has turned more in that direction,” he said. Waste Management noted that LUBA rejected most of the “assignments of error” al- leged by the opponents, which “shows we are on the right track,” said Jackie Lang, se- nior communications manager for the company, in an email. The finding on farm im- pacts indicates LUBA want more information, but Waste Management hasn’t yet de- cided whether to appeal that aspect of the ruling, she said. “We are reviewing the de- cision now to understand the full intent and determine our next steps,” Lang said. “There have been many steps to this process over the last seven years. We are continue to look forward and take it one step at a time.” Tim Sadlo, the county’s general counsel, said the com- missioners have until Dec. 1 to decide whether to challenge LUBA’s ruling before the Or- egon Court of Appeals, but such an outcome isn’t likely. The ruling held that Yam- hill County did not miscon- strue land use law by allow- ing a landfill in a farm zone, which a major point in favor of the county, Sadlo said. As for the county’s analy- sis of farm impacts, “that’s the kind of thing that can usually be cured on a remand,” he said. press release. The frozen division that will become Lamb Weston generated $2.9 billion in fiscal year 2015, according to the press release. Lamb Weston is among the major U.S. po- tato processors and operates a plant in American Falls, Idaho. Conagra Brands, which gener- ated $7.2 billion in fiscal year 2015, includes brands such as Marie Callender’s, Hunt’s RO*TEL, Reddi-wip, Slim Jim, PAM, Chef Boyardee, Orville Redenbacher’s, P.F. Chang’s and Healthy Choice. According to the press release, ConAgra products are found in 99 percent of U.S. homes. Helicopter pilots have been cleared to harvest Christ- mas trees around Salem, Ore., in poor weather, but some still fear the new rules will inter- fere with timely shipments. Earlier this year, the Fed- eral Aviation Administration effectively imposed new re- strictions on helicopters oper- ating near Salem during times of low visibility. The agency expanded “Class D” airspace around Salem — in which aircraft are more strictly regulated — from roughly four to eight miles. Christmas tree farmers feared this would prevent their crop from being harvested during the cloudy, rainy days that are common in autumn, thereby delaying shipments and reducing overall sales. The FAA has since recon- sidered the airspace expansion, and re-proposed increasing it by only about one mile around the Salem airport. However, that regulatory change will take time and will not be finished in time for this year’s harvest. To avoid hampering Christ- mas tree operations, the FAA has approved a “letter of agree- ment” between the air traffic control tower in Salem and he- licopter pilots that will gener- ally allow harvest to continue even during low visibility. Under the agreement, mul- tiple helicopters can fly within the Class D airspace in such conditions as long as they stay below 400 feet and remain in frequent contact with the con- trol tower. When a plane flying on Mateusz Perkowski/Capital Press A helicopter prepares to drop a load of Christmas trees into a truck in this Capital Press file photo. Helicopters have been cleared by the Federal Aviation Administration to harvest trees in the Salem area during poor visibility conditions in restricted airspace this year, but concerns linger about disruptions in shipments. instruments approaches or leaves the airport, helicopters that pose a potential for colli- sion must land. The arrangement basically delegates authority over he- licopters to the Salem tower from the FAA’s control cen- ter in Seattle, which wouldn’t have time to deal with such small aircraft in low visibility conditions, said Mitch Sweck- er, director of the Oregon De- partment of Aviation. However, the rules can still be problematic for Christmas tree farmers if multiple air- planes take off or land at the Salem airport during poor weather, he said. “It is not ideal. There will always be hiccups for the ag operators, but the FAA and the tower have tried to make it as painless as possible,” Swecker said. The requirement that heli- copter pilots regularly speak with the Salem control tower is troublesome in hilly areas where radio communications are spotty, said Patrick Hall, a helicopter pilot who is harvest- ing trees for BTN of Oregon, a grower near Salem. “A lot of the airspace cov- ers areas where you can’t contact the control tower by radio,” he said. Hall said he’d prefer more relaxed requirements in ex- change for restricting the al- lowable flight ceiling to 100 feet, down from the current 400 feet. “It doesn’t need to be that much,” he said. “We’re essen- tially working at the level of tree tops.” Ben Stone, whose family owns BTN of Oregon, said he’s still concerned about missing shipping windows de- spite the letter of agreement. ROP-32-52-2/#17 OMAHA, Neb. — Offi- cials with ConAgra Foods announced plans Nov. 18 to operate their frozen pota- to products division, Lamb Weston, as an independent, public company. According to a corporate press release, ConAgra Foods (NYSE: CAG) will commence operating its consumer brands as Conagra Brands. Frozen Potatoes will sold under the Lamb Weston name. The deal is expected to be finalized by the fall of 2016, and ConAgra Foods share- holders will hold shares of both companies, according to the press release. Officials said the change in structure won’t add any new tax burdens to shareholders, but it should help each compa- ny “sharpen its strategic focus and provide flexibility to cap- italize on the unique growth opportunities in its respective market.” The change should also help the new Lamb Weston company place “greater man- agement focus on the distinct business of consumer brands and food service frozen pota- to products,” according to the “We don’t think that’s part of a fair marketplace. It doesn’t serve consumers and it doesn’t serve the farmers,” she said. In the view of the Grocery Manufacturers Association, farmers and processors who rely on biotechnology should not be unfairly excluded from labeling their products as “natural.” The FDA has long held that foods made with genetic engineering are just as safe as their conventional counter- parts, so calling such ingredi- ents “natural” would be “nei- ther false nor misleading,” the group said in a petition to the agency. There’s clearly a need for the FDA to take regulatory action because federal courts and state legislatures are de- bating the definition of “natu- ral” labels, which could result in a “patchwork of rules” that may at odds with each other, the petition said. Agreement sets rules for low visibility, though delay worries remain ConAgra and Lamb Weston to separate Capital Press of this proposal, though the group doesn’t believe such a ban would violate free speech rights. “We don’t believe people have the freedom to mislead,” she said. In the alternative, though, the Consumers Union would like FDA to only allow the “natural” label for certified or- ganic products that contain no artificial ingredients. “Our overarching goal is to stop the misleading use of ‘natural,’” Rangan said. The problem affects farm- ers as well, because some are able to benefit from the “natu- ral” label without much effort while others spend extra time and money to obtain certifi- cation as organic, humane, or non-GMO, she said. Eliminating the “natural” label or restricting it to organic products would level the play- ing field for farmers, rather than allowing some to reap an unfair advantage, Rangan said. 47-1/#7 U.S. Food and Drug Administration considering ‘natural’ definition