Friday, July 1, 2022 CapitalPress.com 7 Coalition will assist county with water testing By GEORGE PLAVEN Capital Press BOARDMAN, Ore. — A coa- lition of businesses in northeast Oregon — including several food processors and the state’s largest dairy — is working with Morrow County officials to test drinking water for residents whose wells may be contaminated with high levels of toxic nitrates. The affected wells lie within what is known as the Lower Uma- tilla Basin Groundwater Manage- ment Area, or LUBGWMA, which was designated in 1990 to address groundwater nitrates from agri- cultural lands and other non-point sources. Morrow County commission- ers declared a state of emergency on June 13 after private well tests showed nitrate levels above the federal safe drinking water limit. Debbie Radie, vice president of operations for Boardman Foods, a local onion processor, was at that meeting where she said the county health department indicated it did not have emergency funding to pay for additional well testing. The Oregon Health Authority estimates there are 4,500 domestic wells in the LUBGWMA, between Umatilla and Morrow counties. About 1,300 of those are in Mor- row County. With tests costing $35 each, that adds up to $45,500. Radie said she began “fundrais- James Thomas The Port of Morrow ing” among businesses to assist the health department. The coa- lition offered to foot the bill in a press release issued June 17 by the Boardman Chamber of Com- merce, ensuring residents can get their wells tested for free. “I have a well. All my friends have a well,” Radie told the Cap- ital Press. “This is truly an emer- gency. We can’t wait.” While the coalition offered to pay for well tests, Morrow County commissioners also approved a $100,000 budget to address the groundwater nitrate situation on June 22. Coalition members include Amazon Web Services, Boardman Foods, Calbee North America, Lamb Weston, Threemile Canyon Farms and the Tillamook County Creamery Association. They are working in close coordination and under the guidance of Morrow County Public Health. In addition to well testing, the coalition is helping to distribute safe drinking water to residents whose wells are showing elevated Ban on interstate sales of raw butter upheld Cost of July Fourth cookout higher than last year, but farmers aren’t cashing in By SIERRA DAWN McCLAIN Capital Press By MATEUSZ PERKOWSKI Capital Press The prohibition against sell- ing raw butter across state lines doesn’t violate national food laws, according to a federal appeals court that’s rejected a lawsuit challenging the regulation. A California dairy farmer claimed the ban exceeds the U.S. Food and Drug Adminis- tration’s authority, but the U.S. Court of Appeals for the D.C. Circuit has now dismissed that allegation as “meritless.” Mark McAfee, an organic dairy producer in Fresno, Calif., argued that FDA’s reg- ulation is inconsistent with the definition of “butter” under federal law. Congress decided which ingredients are permitted in butter but has not required it to be made from pasteurized milk, according to a lawsuit filed by McAfee and the Farm- to-Consumer Legal Defense Fund. By requiring pasteuriza- tion for interstate butter sales, the FDA has impermissibly changed this “standard of iden- tity” for butter and overstepped its legal jurisdiction, the plain- tiffs claimed. However, the federal appeals court has now deter- mined that FDA’s pasteuriza- tion requirement does not vio- late the Butter Standards Act or Capital Press File Mark McAfee of Organic Pastures Dairy Farms in Fresno, Calif., has lost an appeal that challenged the dismissal of his lawsuit, which sought to legalize interstate sales of raw butter. the Food, Drug and Cosmetic Act. “McAfee may be correct that unpasteurized butter has a distinct taste, texture, and other qualities, but Congress did not speak to those qualities as part of butter’s statutory standard of identity,” the appellate court said, upholding an earlier deci- sion that sided with FDA. Standards of identity were imposed to ensure that con- sumers know what to expect when buying food products, protecting them from unscru- pulous mislabeling. The pasteurization rule doesn’t modify the defini- nitrate levels. Consuming nitrates can be harmful, increasing the risk of certain cancers, respiratory infections, thyroid dysfunction and miscarriages. Radie said the coalition may also consider helping to pay for water filters in homes that need them. Reverse osmosis filters can cost several hundred dollars each. “These are our friends, neigh- bors, employees and people we care about in the community,” Radie said. “There is a need, and as Morrow County we should come together and try to help peo- ple who need education, infor- mation and support to have safe drinking water.” Boardman Foods, Lamb Weston, Calbee North America and Tillamook all run food pro- cessing plants at an industrial park along the Columbia River near Boardman, managed by the Port of Morrow. Amazon also operates several data centers within the port complex. Threemile Canyon Farms encompasses 93,000 acres west of Boardman, growing both conven- tional and organic crops and milk- ing 33,000 dairy cows. Earlier this year, the port was fined $1.3 million by Oregon envi- ronmental regulators for spreading excess wastewater collected from food processors onto neighboring farms, where it is used as a source of nitrogen-rich fertilizer. The original fine was increased to $2.1 million on June 17 after additional violations were discov- ered. The port is contesting the penalty. According to the commit- tee responsible for overseeing the LUBGWMA, nearly 70% of groundwater nitrates in the area comes from irrigated agriculture. Roughly 12% is from applying wastewater produced at dairies and cattle ranches; 5% from food pro- cessors; and 5% from residential septic systems. tion of butter, “either formally or functionally,” the appellate court said. The agency prohib- its interstate sales of raw but- ter due to food safety consider- ations, even as it acknowledges the product is still butter. “Those public health requirements do not alter a food’s definition or standard of identity,” the ruling said. The FDA has the separate and distinct authority to protect public health, which doesn’t conflict with butter’s food identity standard, the appellate court said. The definition of butter set by Congress does not preclude pasteurization. Hosting a party of 10 for a Fourth of July cook- out could cost between 11% to 17% more in 2022 than last year, according to the American Farm Bureau Federation and Wells Fargo. “The impacts to con- sumers are significant,” said Roger Cryan, chief econo- mist for the Farm Bureau. A Farm Bureau survey found that U.S. consumers feeding a party of 10 will pay $69.68 for Indepen- dence Day foods, including cheeseburgers, pork chops, chicken breasts, potato salad, strawberries and ice cream. The overall cook- out cost is up 17%, or about $10, from 2021. A similar survey from Wells Fargo, which ana- lyzed popular Fourth of July food categories, showed an overall 11% cost increase. Higher food prices, how- ever, don’t always mean higher farm profits. “This is not a wind- fall for farmers and ranch- ers,” said Cryan, AFBF’s economist. Farmers generally receive a small portion of each dollar spent on food. According to USDA’s “food dollar series,” off- farm costs including mar- keting, processing, whole- saling, distribution and retailing account for 84 cents of every food dollar spent in the U.S. About a decade ago, American farmers received 17.6 cents of every $1 con- sumers spent on food. By 2019, that had fallen to 14.6 cents. This June, a USDA statement said “just 14 cents of the food dollar go to pro- ducers on average.” For years, USDA’s Eco- nomic Research Service has tracked the share of retail food prices that farm- ers receive by comparing prices consumers paid for foods with prices farmers and ranchers received for commodities. Farm shares vary by commodity and fluctuate year-to-year. Some com- modities saw the farm- ers’ share shrink in 2021, according to USDA. The agency has not yet released complete 2022 data. Chips or potato salad are staples at many summer cookouts. Farmers in 2021 got 16% of the retail price of potatoes, down from the longtime average of 18%. Lemonade is another popular picnic item. Of every retail dollar spent on fresh lemons, farmers in 2021 received 18%, down from the 20% average. The farm share of each retail dollar spent on ched- dar cheese was 29%, down from the 31% average. The dairy farmers’ share on a half-gallon of vanilla ice cream was 16%, 1% below average. Other commodities have seen the farmers’ share spike. In May of 2022, accord- ing to USDA, farmers received 41% of the price consumers paid at the store for beef, up from the last few years but under the six- year average of 42%. Pork producers received 26% of the retail price in May, up from the six-year average of 22%. But the food dollar is an imperfect indication of farm profits, as it does not take into account farmers’ input costs. “The farmers’ share (data) is not necessarily super helpful to tell you whether farmers are making money, because it’s more important to them what the actual price is relative to their costs,” said William Hahn, agricultural econo- mist for USDA. In 2022, farmers’ costs are high. According to USDA’s National Agricultural Sta- tistics Service, farmers in April 2022 compared to April 2021 paid 29% more for livestock feed, 71% more for fertilizer, 16% more for chemicals, 62% more for fuel and 21% more for machinery. LEGAL PURSUANT TO ORS CHAPTER 819  Notice is hereby given that the following vehicle will be  sold, for  cash to the highest bidder, on 07/15/2022.  The sale will be held at 10:00am by  B.C TOWING INC 2140 TURNER RD SE SALEM, OR 2022 FRGHT CAS TK VIN = 3AKJHPDV1NSNB9956 Amount due on lien $67,542.00  Reputed owner(s) > SOUTHERN DESERT LEASING INC MERZ BENZ FINANCIAL SERVICES USA LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for  cash to the highest bidder, on 07/11/2022.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2020 FORD ECOSPORT 4D VIN = MAJ6S3GLXLC324586 Amount due on lien $1455.00  Reputed owner(s) KELLENE R & KATHY A ANDERSON SANTANDER CONSUMER USA LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for  cash to the highest bidder, on 07/11/2022.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2017 FORD ESCAPE LL VIN = 1FMCU0F73HUD28986 Amount due on lien $1455.00  Reputed owner(s) KAYLEEN TARUPI CARVANA LLC LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for  cash to the highest bidder, on 07/11/2022.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2020 CANA SPYDER MC VIN = 2BXNBDD22LV001736 Amount due on lien $1595.00  Reputed owner(s) MELINDA & ADAM STALEY C/O COPART LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for  cash to the highest bidder, on 07/11/2022.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2021 NISS ROG LL VIN = JN8AT3DC9MW100204 Amount due on lien $1575.00  Reputed owner(s) JUSTIN FORREST BROWN ZT MOTORS OF TEXAS TWO LLC RON LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for  cash to the 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55SWF4KB4GU107576 Amount due on lien $1655.00  Reputed owner(s) THERON CARLOS SEGAR COLUMBIA CREDIT UNION LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for  cash to the highest bidder, on 07/11/2022.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2021 VOLKS TGN LL VIN = 3VV2B7AX0MM151514 Amount due on lien $1675.00  Reputed owner(s) BENJAMIN ERIC BOYOK VW CREDIT INC LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for  cash to the highest bidder, on 07/11/2022.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2006 FORD EC4 CB VIN = 1FDXE45S96DA63242 Amount due on lien $1675.00  Reputed owner(s) K/L INDUSTRIES/PAUL M CALLAWAY LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for  cash to the highest bidder, on 07/11/2022.  The sale will be 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