The FDA Is Pissing Off Native American Farmers

The United States of America is home to 566 federally recognized Native American tribes. And with its new, hugely impactful set of agricultural rules, the FDA is ignoring each and every one of them.

That’s the sentiment, at least, put forward by a variety of tribal leaders, including Shannon McDaniel, the Choctaw nation’s executive director for tribal operations. Last week, McDaniel addressed a letter to FDA officials in which he accused the agency of failing to consult with tribal leaders—a legal requirement—before issuing an updated draft of the Food Safety Modernization Act (FSMA). The multifaceted group of laws aims to increase the traceability of food-borne illnesses by regulating how all domestic meat and produce are raised, harvested, and processed. But enforcement of these laws will be costly, and with many Native Americans employed by the agriculture industry, tribal populations might suffer from them disproportionately.

In January 2013, the FDA updated the 2010 law, releasing details on how new requirements for practices like crop fertilization and water sanitation would be enforced. But before it did so, McDaniel and other tribal organizations claim, it failed to meet its obligation to confer with US tribes. (When reached for comment, FDA spokesperson Jennifer Dooren disagreed: “The FDA has met with tribal representatives to discuss the proposed Food Safety Modernization Act rules,” she said. “The agency will continue to meet with tribal representatives and other interested stakeholders to discuss any concerns.”)

Although McDaniel was unavailable for comment, his office sent MUNCHIES a statement summing up the Choctaw people’s take on the issue.

“The Choctaw Nation has a long, rich history as an agricultural people,” the statement reads. “Choctaw farmers have adapted through centuries, skillfully developing land-management practices to preserve the environment. The new FMSA rules would have a major impact on predominantly rural areas such as Oklahoma. The Choctaw Nation believes Executive Order 13175 required that tribal nations should have been actively included in FSMA consultations in developing the new rules and the FDA’s decisions on those rules.”

First issued by President Bill Clinton in 2000, EO 13175 was a promise made by the federal government to “establish regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications.” Reaffirmed during the Bush administration and again by Obama, it’s a binding legal obligation that tribes say has been completely elided during the development of the FSMA.

https://munchies.vice.com/articles/the-fda-is-pissing-off-native-american-farmers