[Senate Hearing 117-377]
[From the U.S. Government Publishing Office]
S. Hrg. 117-377
NOMINATION OF JENNIFER L. MOFFITT,
TO BE UNDER SECRETARY OF AGRICULTURE
FOR MARKETING AND REGULATORY PROGRAMS
=======================================================================
HEARING
before the
COMMITTEE ON AGRICULTURE,
NUTRITION, AND FORESTRY
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
__________
JULY 15, 2021
__________
Printed for the use of the
Committee on Agriculture, Nutrition, and Forestry
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available on http://www.govinfo.gov/
______
U.S. GOVERNMENT PUBLISHING OFFICE
46-306PDF WASHINGTON : 2022
COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
DEBBIE STABENOW, Michigan, Chairwoman
PATRICK J. LEAHY, Vermont JOHN BOOZMAN, Arkansas
SHERROD BROWN, Ohio MITCH McCONNELL, Kentucky
AMY KLOBUCHAR, Minnesota JOHN HOEVEN, North Dakota
MICHAEL F. BENNET, Colorado JONI ERNST, Iowa
KIRSTEN E. GILLIBRAND, New York CINDY HYDE-SMITH, Mississippi
TINA SMITH, Minnesota ROGER MARSHALL, Kansas
RICHARD J. DURBIN, Illinois TOMMY TUBERVILLE, Alabama
CORY BOOKER, New Jersey CHARLES GRASSLEY, Iowa
BEN RAY LUJAN, New Mexico JOHN THUNE, South Dakota
RAPHAEL WARNOCK, Georgia DEB FISCHER, Nebraska
MIKE BRAUN, Indiana
Joseph A. Shultz, Majority Staff Director
Mary Beth Schultz, Majority Chief Counsel
Jessica L. Williams, Chief Clerk
Fitzhugh Elder IV, Minority Staff Director
Fred J. Clark, Minority Chief Counsel
C O N T E N T S
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Thursday, July 15, 2021
Page
Hearing:
Nomination of Jennifer L. Moffitt, to be Under Secretary of
Agriculture for Marketing and Regulatory Programs.............. 1
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STATEMENTS PRESENTED BY SENATORS
Stabenow, Hon. Debbie, U.S. Senator from the State of Michigan... 1
Boozman, Hon. John, U.S. Senator from the State of Arkansas...... 2
WITNESSES
Moffitt, Jennifer L., to be Under Secretary of Agriculture for
Marketing and Regulatory Programs.............................. 4
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APPENDIX
Prepared Statements:
Moffitt, Jennifer L.......................................... 26
Document(s) Submitted for the Record:
Stabenow, Hon. Debbie:
California Agriculture Commissioners and Sealers Association,
letter of support.......................................... 30
Cropp Cooperative, letter of support......................... 31
Grimmway Farms, letter of support............................ 32
Industry Letter, letter of support........................... 33
NCBA, letter of support...................................... 36
Western Growers, letter of support........................... 38
Moffitt, Jennifer L.:
Committee questionnaire, Office of Government Ethics
Executive Branch Personnel Public Financial Disclosure
Report and 5-day letter filed by Hon. Jennifer L. Moffitt.. 40
Attachment to the Committee questionnaire file by Hon.
Jennifer L. Moffitt
Question and Answer:
Moffitt, Jennifer L.:
Written response to questions from Hon. Debbie Stabenow...... 72
Written response to questions from Hon. John Boozman......... 76
Written response to questions from Hon. Amy Klobuchar........ 83
Written response to questions from Hon. Kirsten Gillibrand... 84
Written response to questions from Hon. Tina Smith........... 84
Written response to questions from Hon. Richard Durbin....... 85
Written response to questions from Hon. Cory Booker.......... 86
Written response to questions from Hon. Raphael Warnock...... 87
Written response to questions from Hon. John Thune........... 88
Nomination of Jennifer L. Moffitt, to be Under Secretary of Agriculture
for Marketing and Regulatory Programs
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THURSDAY, JULY 15, 2021
U.S. Senate,
Committee on Agriculture, Nutrition, and Forestry,
Washington, DC.
The Committee met, pursuant to notice, at 9:36 a.m., via
Webex and in room 301, Russell Senate Office Building, Hon.
Debbie Stabenow, Chairwoman of the Committee, presiding.
Present or submitting a statement: Senators Stabenow,
Brown, Klobuchar, Bennet, Durbin, Booker, Lujan, Warnock,
Boozman, Hoeven, Ernst, Hyde-Smith, Marshall, Tuberville,
Grassley, Thune, Fischer, and Braun.
STATEMENT OF HON. DEBBIE STABENOW, U.S. SENATOR FROM THE STATE
OF MICHIGAN, CHAIRWOMAN, U.S. COMMITTEE ON AGRICULTURE,
NUTRITION, AND FORESTRY
Chairwoman Stabenow. Good morning. I call the Committee to
order, Committee on Agriculture, Nutrition, and Forestry. Good
morning to everyone.
Today we are going to review the nomination of Jenny
Moffitt to serve as Under Secretary for Marketing and
Regulatory Programs at the U.S. Department of Agriculture, and
we are looking forward to this hearing. It is a role that
oversees the important work of the Animal and Plant Health
Inspection Service and the Agriculture Marketing Service.
Welcome to you, Ms. Moffitt, and congratulations on your
nomination.
As a Californian, you have the unique distinction of being
from the only State that has greater diversity of crops than my
home State of Michigan. If confirmed, that experience will
serve you well, because the mission area you will oversee plays
a critical role for producers in both of our States, and States
across the country, and the food supply chain nationwide.
The dual threats of the COVID-19 pandemic and the climate
crisis have placed historic strains, as we know, on our food
supply chain, and on the farm families who power it. The
Marketing and Regulatory Programs' mission area is uniquely
positioned to meet those challenges and help our farm families
and food businesses along the supply chain recover and thrive
well into the future.
If confirmed, you will wear many hats. You will be
responsible for protecting against animal and plant diseases,
ensuring competition in the livestock sector, supporting the
marketing of milk and helping to build markets and demand for
U.S.-grown food, both at home and abroad.
The work of this mission area is critical to helping
farmers and ranchers expand their options, create new sources
of revenue, and promote their products. You will work with the
National Organic Standards Board to protect and improve organic
standards and help farmers tap into new markets, particularly
in vibrant local and regional food systems, like the ones in my
home State of Michigan, as well as your home State of
California.
Both of our States are working to boost the demand for
locally grown and locally produced food, and I hope you will
commit to continuing to support our growing local food economy.
You will work closely with our fruit and vegetable and tree-
producers who face challenges ranging from trade to labor to
marketing, while also confronting the significant impacts of
the climate crisis.
While specialty crop producers do not receive more
traditional farm support, your agency will play a key role in
the programs that support marketing, research, and other
critical investments that will help this industry flourish.
That is important to me also because they help keep healthy
food on our families' tables.
You will oversee the Animal and Plant Health Inspection
Service, our front-line defense against some of the most
pressing threats to animal and plant health, including the many
pests and diseases that are more common now because of drought
and other climate-related issues.
All of this--all of this--matters and all of this plays an
important role in not only helping farm families recover from
supply chain disruptions and respond to the climate crisis but
also helping USDA better serve all Americans.
I look forward to hearing more during our conversation
today on how you plan to do just that. I look forward to
working together to accomplish these goals if you are confirmed
for this important job.
I want to note, for the record, the broad range of support
you have received from farm and food groups and their
stakeholders, and I would ask unanimous consent that such
letters be entered into the record. Ordered, without objection.
[The letters can be found on pages 30-39 in the appendix.]
Chairwoman Stabenow. With that I am going to turn to my
friend and colleague, our Ranking Member, Senator Boozman, for
any opening comments that he wishes to make.
STATEMENT OF HON. SENATOR JOHN BOOZMAN, U.S. SENATOR FROM THE
STATE OF ARKANSAS
Senator Boozman. Thank you, Madam Chair, and we are pleased
to welcome Jennifer Lester Moffitt to the Committee as we
consider her nomination to be Under Secretary for Marketing and
Regulatory Programs at the Department of Agriculture. I
congratulate Mrs. Moffitt on her nomination and thank her for
her willingness to serve our country.
Currently Mrs. Moffitt serves as the Under Secretary at the
California Department of Food and Agriculture, where she also
served as the Deputy Secretary from 2015 to 2018. Mrs. Moffitt
grew up on her family's organic walnut farm and processing
operation, Dixon Ridge Farms, and went on to manage it for a
decade.
If confirmed as the Under Secretary for Marketing and
Regulatory Programs, Mrs. Moffitt will oversee a wide range of
responsibilities, including animal and plant health, the
regulation of biotech products, and a vast array of programs
designed to market and promote U.S. commodities and products.
There are a few issues I would like to highlight this
morning for the nominee to consider. As I am sure she is aware,
the two agencies that form the marketing and regulatory mission
area at USDA, the Animal and Plant Health Inspection Service
(APHIS), and Agricultural Marketing Service (AMS), have
significant authorities and responsibilities that impact not
only agricultural production but many aspects of Americans'
daily lives.
The transmission of animal diseases is a very real threat
to U.S. producers and citizens. The Animal and Plant Health
Inspection Service is charged with the detection, control, and
eradication of animal diseases. As we saw with COVID-19,
zoonotic diseases, those diseases transmitted from animals to
humans, can have a staggering global consequence. Other
diseases, such as African Swine Fever and Foot and Mouth
Disease can have serious economic trade and environmental
repercussions.
The next Under Secretary must remain vigilant to identify
early threats, and must build strong relationships with the
other Federal agencies, such as HHS and DHS, as well as our
partners around the globe, to ensure the health and safety of
our domestic herds and flocks.
The Under Secretary also has significant regulatory
authority. Our farmers and ranchers deserve regulatory
stability. Constantly changing regulatory burdens stifle
investment, discourage long-term planning, and result in
confusion and distrust. Secretary Vilsack recently announced
his intent to issue a new proposed rule revising requirements
for organic livestock and poultry practices. The previous
revisions, published as a final rule in January 2017, were
widely unpopular with various stakeholders, due to their
arbitrary requirements. Especially unpopular were the
requirements related to housing systems for egg and poultry
producers. Further, in 2018, USDA found the OLPP final rule
exceeded statutory authority.
Farmers and ranchers have enough unpredictability in their
lives. The least USDA can do is to provide consistency and
predictability in its regulations, which have a broad base of
support. There are certainly instances where regulation is
necessary and it is important, but there are also many
instances where regulation has driven up costs for farmers and
forced consolidation.
I am supportive of the promise of gene editing in animal
agriculture and was very supportive of the Memorandum of
Understanding (MOU) signed in December between USDA and the
FDA. This MOU will modernize the Federal Government's
regulatory oversight of certain gene-edited animals used for
agricultural purposes, the type of innovation that could allow
researchers to develop, for instance, African Swine Fever-
resistant pigs or cattle that produce less methane. I believe
USDA's authority under the Animal Health and Protection Act to
regulate such products must be maintained, as these types of
technologies expand. I expect the Administration to honor this
MOU, and I expect USDA to serve as the lead agency for the
regulation of gene editing in agriculture.
One of the most topical issues the next Under Secretary
will face surrounds our cattle markets. This is something at
the top of the mind for most members of this Committee, as we
just held a hearing on this issue, and we appreciate that,
Madam Chair. I think that was a very, very good hearing.
With the Under Secretary's role in producing reports and
market news and administering the Packers and Stockyards Act,
USDA's role is critical to the entire cattle industry. As USDA
considers issues in the cattle market, I expect the Department
to work closely with all sectors of the industry to strike the
right balance and to follow congressional intent.
Mrs. Moffitt, thank you again for agreeing to serve the
American people and for your willingness to bring your
experience and expertise, and your service in California
agriculture to all of agriculture. I look forward to hearing
your remarks and your answers to our questions. With that,
Madam Chair, I yield the floor.
Chairwoman Stabenow. Thank you very much, Senator Boozman.
I know that we have our nominee with us virtually, so welcome
again this morning. Welcome to Ms. Jenny Lester Moffitt. Ms.
Moffitt is the Under Secretary of the California Department of
Food and Agriculture, served as the Deputy Secretary there from
2015 to 2018. Before those roles, Ms. Moffitt spent 10 years as
Managing Director at Dixon Ridge Farms, her family's organic
walnut farm and processing operation. She also served on the
Central Valley Regional Water Quality Control Board from 2012
to 2015, and worked for American Farmland Trust.
She was a member of FFA and also was involved in 4-H, both
as a member and a volunteer, something we both have in common.
Through all these roles she has a long history of working on a
wide variety of agriculture issues.
Ms. Moffitt is a graduate of Brown University and the
California Agricultural Leadership Program. Welcome to the
Committee, Ms. Moffitt, and we would like very much to hear
your opening comments.
STATEMENT OF JENNIFER L. MOFFITT TO BE UNDER SECRETARY OF
AGRICULTURE FOR MARKETING AND REGULATORY PROGRAMS
Ms. Moffitt. Thank you Chairwoman Stabenow, Ranking Member
Boozman and members of the Committee. Thank you for the
opportunity to be with you today. As someone who grew up on my
family's organic walnut farm, this is an opportunity that I
have only dreamed of. It is an honor and I am humbled.
I want to thank President Biden for his confidence in me to
serve as Under Secretary for Marketing and Regulatory Programs
at the United States Department of Agriculture and for his
leadership in rebuilding an America that serves all Americans.
I also want to thank Secretary Vilsack for his leadership and
vision to further strengthen our food systems and make them
even more resilient and inclusive.
Finally, I would like to thank you all, the Senate
Committee on Agriculture, Nutrition, and Forestry, for your
leadership and advocacy on behalf of farmers, ranchers,
consumers, and the food supply chain.
My roots are in agriculture. As a kid, I would walk the
orchard with my dad after dinner to change the irrigation
system. I spent my spring breaks painting the trunks of our
young walnut trees to prevent sunburn. I grew up raising market
lambs in 4-H and FFA and planting buffer strips in our orchard
to attract beneficial insects.
As someone who ran the family farm and processing operation
for 10 years, I know first-hand the worry that farmers face
about losing a crop to a disease or a weather event, or losing
an important market. I also know how deeply farmers care about
their communities and passing on knowledge to the next
generation.
After college, I was fortunate to work for American
Farmland Trust and learn first-hand from farmers across the
country about the passion they had for the land and the
challenges they faced. I worked with farmers in California on
voluntary land conservation, helped with farm transition
planning in Minnesota, and researched and wrote about the
importance of special micro-climates for red tart cherries in
Michigan.
Through these experiences, I gained an appreciation for the
diversity of American agriculture--diversity in geography,
crop, size, scale, and more--and I learned the importance of
considering that diversity and the complexity it brings in the
policy making process.
When my dad asked me to return to the farm to help with
sales and marketing, I did so because I believed in what we
were doing: producing healthy food, growing new markets for
local producers, developing sustainable farming practices, and
helping to bolster the economic livelihood of my hometown. I
helped shepherd our farming operation through the recession,
building valuable partnerships with other producers and with
USDA to address trade restrictions, expand new markets, and
persevere.
One of the hardest decisions I made was leaving the farm to
work for the California Department of Food and Agriculture, but
I viewed it as an important opportunity to serve rural
communities, the public, and the agricultural industry.
My work at CDFA has given me the opportunity to understand
and to shape the role that government can play in supporting
agriculture, ensuring that farmers and ranchers have a seat at
the table, and ensuring that we take an inclusive approach to
solving problems.
At CDFA, I have been able to partner with other government
agencies and lawmakers, with the agricultural industry,
nonprofits, and community organizations to address some of the
biggest challenges facing our State, the Nation, and the world:
drought and the effects of climate change, healthy soils and
conservation agriculture, animal and plant health issues, and
more. Each day I carry with me my experience of running the
farm to ensure that this perspective is reflected in the
policies that are developed.
During the COVID-19 public health crisis, our work has been
focused on healthy food access, fostering a resilient food
system, and ensuring the safety of farm workers. It has taken
partnership, it has taken working together, and it has taken
adopting a whole systems approach, because no one strategy
could tackle the complexity of the challenges that farmers were
facing.
That is a lesson I learned firsthand from my dad on the
farm, that when you are facing a problem--a pest or a disease,
for example--it is important to understand why that problem
came about in the first place and to find solutions using
experience, science, and data.
I also learned lessons from my mom, a public school
teacher, about the importance of lifelong learning. In fact,
education runs deep in the family and my husband, an elementary
school principal, has shown me the value of learning from those
around us. It is important to me to seek out new ideas and
approaches, and to push ourselves to think differently and
creatively.
If confirmed, these are the lessons I will bring with me. I
will listen and learn from people in agriculture and the food
system around the country, and I will take a whole systems
approach.
Before closing, I also want to share something I have
learned from my 12-year-old daughter. She has taught me a great
deal about tenacity and caring for others. Her determination
and big heart inspire me daily. Should I have the honor of
being confirmed, I will bring that same determination and big
heart to the job at USDA.
I care deeply about American agriculture. I know first-hand
the struggles that farmers and ranchers face, and I know how
important farmers, ranchers, and processors are to the
communities they serve. I know the importance of a resilient
and equitable food system for consumers and producers. If
confirmed, I will work tirelessly to serve them, to listen to
them, to champion their hard work and resilience, and to ensure
that USDA does all that it can to support them. I will do
whatever I can to bring people together to solve tough issues
because we do our best work when we work together.
Thank you for your time and I welcome the chance to answer
your questions.
[The prepared statement of Ms. Moffitt can be found on page
26 in the appendix.]
Chairwoman Stabenow. Well thank you very much, Ms. Moffitt,
and before going to questions--we will do a round of five-
minute questions from members--I do have two questions I need
to officially ask you, that we ask all of our nominees.
Do you swear or affirm that the testimony you are about
provide, or that you just provided, is the truth, the whole
truth, and nothing but the truth, so help you God?
Ms. Moffitt. I do.
Chairwoman Stabenow. Thank you. Second, do you agree that,
if confirmed, you will appear before any duly constituted
committee of Congress if asked to appear?
Ms. Moffitt. I will.
Chairwoman Stabenow. Great. Thank you very much.
First let me, Ms. Moffitt, talk a little more about what
has happened to our producers under COVID, because COVID-19
illustrated just how fragile the food supply chain is, as we
know. I am really glad we were able to provide resources to
strengthen it, and the USDA is taking steps now to implement
this funding. There is certainly a lot to do in this area.What
are your priorities for the food supply chain within the
marketing and regulatory programs' mission area?
Ms. Moffitt. Thank you for that question. Yes, you know, I
think certainly we have seen this in California and we have
seen this around the country. Our State Department of
Agriculture and other State Departments of Agriculture shifted
into high gear, really working on connecting producers and food
banks and food pantries and all of the network that is involved
in ensuring nutrition security for so many Americans.
As far as my visions for the food supply chain, again, as a
farmer, the first thing that I bring to all that I do is the
perspective and the work that I have done on the ground as a
farmer, also working throughout the distribution channel doing
sales and marketing as well. It is important to me that I serve
the people, whether that is as farmers and ranchers, whether
that is consumers, and to tap that full scope that you
mentioned, Senator Stabenow, within the marketing and
regulatory programs, so ensuring that we have a fair,
competitive, and distributed food supply system.
Some of the work that is being discussed right now already,
certainly in the announcements that are being made, are really
key and important to that. Facilitating domestic and
international marketing programs is very important, and then
also making sure that the food supply chain supports health for
both humans as well as animals. Then ensuring that our food
supply chain and all of the actors and all of the participants
that we participate with, that we are advancing it with equity,
that we are advancing it with inclusive, that we are taking
into mind the climate crisis and climate change in all that we
are doing as well. Ensuring a fair marketplace is key and
important, not only to producers but also to consumers, as well
as, of course, regulatory work that we do throughout our
department in California, and then I know through the USDA as
well, to ensure standards and grades, again to ensure that fair
marketplace that consumers and producers depend on.
Chairwoman Stabenow. Thank you. As I mentioned before,
Michigan and California are the top two most diverse States in
terms of different kinds of crops and commodities, and in
Michigan, as you and I have talked about, some of our top
specialty crops, like cherries--which I appreciate you
mentioning--but asparagus, blueberries, and apples have faced
tremendous challenges from trade to very serious weather-
related losses.
What are your priorities to assist the specialty crop
industry, and will you work to ensure that policies out of AMS
are not a one-size-fits-all approach but rather take into
consideration the unique needs of each sector?
Ms. Moffitt. Yes, and that is such an important thing. As
you mentioned, Senator Stabenow, we have wonderful diversity in
our crops in California, as you guys do in Michigan. We have
over 400 different crops. Bearing all of those in mind, and
recognizing and celebrating the diversity that we have in our
crops is really important.
As a farmer, I am used to wearing lots of different hats,
and certainly in the role that we play, I play currently at the
Department of Food and Agriculture, I am very well aware of
being mindful of all of the different crops, the diversity that
we have, not just in crops but also in size and scope of our
operations and family farmers in California as well.
I think, you know, as we look at this there are lots of
different programs, through Agriculture Marketing Services. The
Specialty Crop Block Grant is an important one. Of course, the
grades and standards and all of the work that is done, and the
work that APHIS does in supporting both plant and agriculture
is really important as well. APHIS works, of course, on animal
health, which is very, very important, but also in supporting
and protecting crops that are so important to our Nation,
specialty crops that are important to our Nation, like citrus
or like cherries, and making sure that all farmers have tools
and that we are supporting those tools to continue plant and
animal health for those crops.
Chairwoman Stabenow. Thank you. Then just final question,
as we look at the climate crisis we think about droughts and
floods and so on, but our producers also think about bugs and
diseases, and what is happening there is so critical. How would
you help producers address the climate-based pest and disease
threats through your role at USDA?
Ms. Moffitt. Yes, I think there is an incredible--the
talent and the scientific data that APHIS has, the work that
APHIS is doing on early monitoring, whether that is, you know--
certainly early monitoring for animal diseases but certainly
the proactive approach in pests. We work with them all the
time, every day in the Southern California region, on things
like medfly, which can be devastating to our crops that we have
in California. Certainly, we are working with them on citrus
screening, and in partnership on citrus screening, learning
from Florida and the devastation that happened to the crops in
Florida.
As we take into the work that we are doing in partnership
in California with APHIS, I know there is a lot of looking
forward, being able to project out, again taking the science
and the incredible scientific expertise that APHIS has as well
as the data to really start to understand what might be
happening, what might be changing in the face of climate
change, so that we are taking a much more proactive approach,
looking forward at how pests might be moving and shifting due
to climate change, what does it mean for lifecycles of pests
that normally would have over-wintered or we would have lost
those, you know, had those dormancies that might no longer be
happening anymore.
Should I have the opportunity to be confirmed, I will take
the experiences that I have as a farmer, seeing first-hand
those pests and how they handle or work on our operation as
well as the work we have done at the Department of Food and
Agriculture, and tap into the great expertise at APHIS, to
really lean in and understand what is happening with pests and
climate change.
Chairwoman Stabenow. Thank you very much. Senator Boozman.
Senator Boozman. Thank you, Madam Chair. Ms. Moffitt,
advancements in biotechnology give agriculture producers a
significant tool in fighting pests and diseases, as we just
talked about, producing more on fewer acres and countless other
benefits. Yet for far too long, U.S. livestock, those
producers, are being frustrated with the FDA's lack of
regulatory certainty and the idea that the FDA would label
these innovations, or the animals themselves, as ``drugs.''
I was pleased that last December, USDA and FDA signed a
Memorandum of Understanding to help modernize the Federal
Government's regulatory oversight of certain genetically
engineered animals used for agricultural purposes, and that
USDA appears to be moving forward on rulemaking in this area.
If confirmed, will you commit to continuing this effort to
ensure that livestock producers have a predictable, science-
based, regulatory process for GE animals used for agricultural
purposes?
Ms. Moffitt. Thank you, Senator Boozman, and thank you for
that question. Certainly, should I be confirmed, I look forward
to learning more about the process and where the process
currently is with the MOU, with the FDA, that you mentioned,
and then, of course, diving into this issue, learning more
about the issue, and as you mentioned, ensuring that there is a
science-based process to that evaluation.
Senator Boozman. In 2010, Secretary Vilsack proposed a rule
referred to as the GIPSA Rule, which later became the Farmer
Fair Practices Rule. These rules generated a lot of controversy
among our stakeholder groups. In fact, over 60,000 comments
were submitted by individuals and organizations in response to
the proposal.
There were concerns that USDA had woefully underestimated
the projected costs incurred by the livestock, meat, and
poultry industries, should these rules be implemented. There
were concerns that the broad-brush approach taken by the
Department would have severe unintended consequences.
Since that time, these rules have gone through several
iterations, and now Secretary Vilsack has announced his intent
to repropose the rules again later this year. Can you describe
your plans, as the Under Secretary tasked with overseeing the
Packers and Stockyards Act of 1921, and implementing
regulations to ensure the Department avoids the controversy and
criticism the previous interations of the rules received?
Ms. Moffitt. Yes, thank you for that question, Senator
Boozman. I think, you know, in the work that has been done,
should I have the opportunity to be confirmed, I know how
important it is to factor in all of the different facets, hear
from people around the country, hear from different layers and
in the whole food supply chain, from farmers and ranchers to
producers to processors to consumers, about the importance of
different rulemakings, whether it is this one or any of them,
and weigh those complexities and really understand what it
means for farmers and ranchers, what I means for the food
supply chain in making those sorts of decisions.
Should I have the opportunity to be confirmed, I definitely
will take a nuanced approach. I will definitely lean in and
seek to understand, and understand all of the different facets
when rulemaking decisions are made.
Senator Boozman. Good. Thank you. I enjoyed our
conversation prior to the hearing, and I appreciate you
recognizing the importance of maintaining and expanding market
access for U.S. producers in your opening statement, and I
could not agree more. In Arkansas, that is probably 40 percent
of our products are exported, and I know in California it is
probably an even much greater percent than that.
As you well know, the Animal and Plant Health Inspection
Service plays a critical role in that effort by protecting U.S.
agriculture from pests and diseases that can have a devastating
impact on our producers. Several APHIS program areas engage our
trading partners to ensure science-based sanitary and
phytosanitary requirements are met, and they work to eliminate
unjustified barriers that some of our trading partners may seek
to use.
What is your perspective on the work APHIS does in regards
to maintaining and expanding markets for U.S. producers, and if
confirmed, how will you support the agency and its work with
USTR, the World Organization on Animal Health, and the
International Plant Protection Convention?
Ms. Moffitt. Yes, thank you for that question, and as I
mentioned when we talked, I know full well the impact and the
work that APHIS does in helping to facilitate trade throughout
the world. As someone who exported walnuts, and exported
organic walnuts around the world, I know how important the work
that APHIS does in phytosanitary and helping to bring science
and data to those decisionmakings for trade. We were able to
open up new markets in South Korea as a result of that, and be
able to start to export our walnuts to South Korea, because of
the work of APHIS in addressing some of the phytosanitary
concerns that that country had.
I know the importance of it, and I know how important it is
for APHIS to lean in, to dive into these issues, provide that
science, that data, and in partnership with producers. It is
very important that as this is being done it is in partnership
with producers and the supply chain in that role.
Certainly I value the work of APHIS. I know APHIS is, in
many ways, the underpinning of trade, through their work that
they do on attestations and the like. I will, should I have the
opportunity to be confirmed, I look forward to engaging with
APHIS on this so that we can open new markets and that we can
continue the markets that we currently enjoy overseas for all
of our producers.
Senator Boozman. Very good. Thank you, Madam Chair.
Chairwoman Stabenow. Thank you very much. Next we will hear
from Senator Klobuchar.
Senator Klobuchar. Well, thank you very much, Madam Chair,
and we hope you are enjoying our beautiful Rules Committee
room.
Chairwoman Stabenow. Yes. Thank you very much. We
appreciate the joint jurisdiction.
Senator Klobuchar. Very good. Ms. Moffitt, in recent years,
Minnesota's turkey and hog producers have faced significant
animal disease challenges. I know the Chairwoman mentioned it
in her opening remarks. USDA is the primary agency responsible
for safeguarding animal health. Senator Cornyn and I worked
together to provide funding for new programs in the 2018 Farm
Bill to protect against animal diseases.
What are your plans for implementing and improving animal
disease preparedness in response policies at the USDA?
Ms. Moffitt. Thank you, Senator Klobuchar, and I appreciate
Congress' leadership on recognizing this important issue. I
know that surveillance in animals is important for animal
health and also for public health, and that the need for an
early warning system is crucial. Just like the work that we, in
our State, do in partnership with APHIS on plant diseases,
really focusing on exclusion first, monitoring, making sure we
have an understanding of what is happening out there. Again,
those early warning systems are really important.
I understand that you guys have led some really great work
on One Health, and I think the interlocking partnership between
public health as well as animal health is really important as
well. I look forward to engaging in this, should I have the
opportunity to be confirmed, and really being proactive and
pragmatic in the work.
Senator Klobuchar. In May--thank you--USDA approved
Minnesota's revised Hemp Production Plan, and I know they have
done that across the country, and over 450 farmers applied for
a license in 2021. It was an increase by 100 in applications.
At the same time, several Tribal governments had their plans
approved.
Ms. Moffitt, can you talk about how you plan to administer
and implement the Domestic Hemp Production Program, and also,
will you work with our Tribal partners, should you choose to
update the previously approved plans to better align with the
updated final rule?
Ms. Moffitt. Yes, thank you for that question, Senator
Klobuchar. I know hemp growers in California and around the
country, this is a really important opportunity for farmers,
actually, to be able to access new markets, to have a new crop,
and bring back a crop from the past. I understand the value and
the importance of help and the work that the State Departments
of Agriculture and the States have done in implementing and
proposing those plans to USDA, as well as, of course, the
Tribes that you mentioned as well.
I know that there are parameters around the hemp rule, but
I also know that there is an opportunity to really engage.
Again, as I do in all of the work, especially as a farmer, kind
of putting on my farmer hat, looking for those opportunities to
best support farmers and ranchers, and, of course, Tribes, in
that process as well.
Senator Klobuchar. Okay. I am the Chair of the Senate
Judiciary Subcommittee's Antitrust and Competition
Subcommittee, and I am glad that President Biden recently
issued his Executive order. As you know, there are parts of
this order that pertain, as has been mentioned by other
Senators, to the ag economy. Will you commit to advocating to
promote competition in the ag industry and support value-added
and alternative food distribution systems?
Ms. Moffitt. Thank you for that question. Should I be
confirmed, I do commit to supporting trade, to supporting fair
marketplace practices. I am aware of the Secretary's and the
President's announcement last Friday of a multi-pronged effort,
both, of course, committing $500 million in American Rescue
Plan funds to meet poultry processing facilities, revitalizing
the Packers and Stockyard Act, in a few different ways, as well
as developing a plan to increase farmers' and ranchers' access
to new markets, and to promote a fair return.
Transparency is important. Price discovery is important.
Regional processing capacity is important. All of these things
together are very important to create a fair and robust
agricultural economy.
Senator Klobuchar. I had a question on milk, and I will put
that on the record, with our Minnesota Milk Producers. Thank
you very much.
Ms. Moffitt. Thank you.
Chairwoman Stabenow. Thank you, and thank you again for the
use of your room. We appreciate it.
Next we have Senator Ernst, who I do not know if she is
joining us virtually? Do we know? If not, we will proceed to
the senior from Iowa, Senator Grassley.
Senator Grassley. Thank you very much. I am glad to
congratulate you on your nomination, and to take a little
different view than some other Republican members of this
Committee has, and say thank you to Secretary Vilsack for
issuing the very aggressive proposed rulemaking and enforcement
that he wants to do to increase competition within agriculture.
Whether it was at President Biden's initiative, which was
broader throughout the economy than agriculture, but including
agriculture, or whether Secretary Vilsack had a lot of input
into it, I know that Secretary Vilsack knows about the
importance of the family farmer as an institution that drives
American agriculture to be the very efficient part of our
economy that it is, and he knows that competition is very
necessary to protect the family farmers. I think his Executive
order and the USDA's announcement builds on the work that a lot
of us in Congress are doing to bring about some competition as
well.
In my case, and in Senator Hyde-Smith's, and Senator--my
colleague, Senator Ernst, and others on this Committee want to
do it particularly right now for the cattle market, through our
legislation in the hearings that Senator Stabenow and Senator
Boozman has had already.
My questions to you are kind of along this line. If
confirmed, how will you prioritize the Packers and Stockyards
rulemaking process and ensure it is enforced effectively?
Before you answer that question, I know that you answered
for Senator Boozman the fact that you want to listen to all
stakeholders. I do not find any fault with that. Just so you
know what my position has been over decades is that the Packers
and Stockyards Act probably does more to protect the family
farmer and enhance competition--and encourage competition more
than maybe even the Department of Justice antitrust laws do.
That is where I am coming from, in your answer to my question.
Ms. Moffitt. Thank you, Senator Grassley, and it is great
to hear--it is really important for me to hear where everyone
comes from on these different issues. I know these issues are
very complex, that serious consideration needs to be taken when
weighing all of these different things, all of the different
factors.
Last week's announcement, that I heard, proposes three
different aspects to revitalize the Packers and Stockyard Act,
to promote and to fight unfair practices and to rebuild a
competitive market. Should I have the opportunity to be
confirmed I look forward to meeting with Secretary Vilsack,
learning about the plans, and then also weighing in with you
guys and Congress as well as producers to hear about the best
ways forward.
What I heard him say is that this is the beginning of a lot
of conversations, and I look forward to, should I have the
opportunity to be confirmed, to engage in those conversations,
knowing the impact that it has, and knowing how much of a
priority this is for American ranchers.
Senator Grassley. Thank you for that answer. Iowa happens
to be the No. 1 State for pork and eggs, No. 1 for corn, and
No. 2 for soybeans. It is vital to my State and our national
security to ensure that animal and plant health. I remain
concerned about animal disease, particularly the African Swine
Fever, as just one example. That involves the inspection of
agriculture products being imported into the United States.
I co-sponsored legislation that Trump signed, authorizing
more ag inspectors for Customs and border protection, and it
demands coordination with USDA. If confirmed, how will you
prioritize the Department's efforts to ensure safety of our
domestic food supplies? I know that Klobuchar asked about
animal disease preparedness, along the same lines as my
question.
Ms. Moffitt. Thank you, Senator Grassley, and yes,
certainly I am quite familiar and aware of the importance of
protecting our food supply chain, protecting our animals and
plant health. When I was overseas, actually in Korea, back in
2012, when our organic walnut market opened up, I was there at
a time when there was a foot and mouth scare, from [inaudible]
to the United States. I saw on the news what was happening in
Korea. I saw how important and how quickly those types of
animal disease scares can have in getting trade, and vice
versa, you know, certainly as well, for those animal diseases
coming here.
I see, you know, in the work that we have done in past
exclusion at our State, it is very important, of course, that
we actively work, as you describe, to keep heads out, you know,
to make sure that we are active at our ports, borders, points
of, you know, insertion here in the States, as well as, of
course, monitoring and detection. Then finally, if there is a
disease quarantine, making sure we are minimizing the spread
and eradicating the disease, should we have a disease.
There is a multi-pronged, just like we do in all that we
do. There is a multi-pronged approach, but very much taking
science, knowing the science, monitoring and surveilling, and
being always proactive in understanding what might be coming,
and how can we make sure that we are protecting our industry,
protecting our animals, and protecting our plant health.
Senator Grassley. Thank you, Madam Chair.
Chairwoman Stabenow. Thank you very much. We will now turn
to Senator Warnock, who I believe is with us virtually, and
then Senator Hyde-Smith, and then Senator Lujan. Senator
Warnock.
Senator Warnock. Thank you, Madam Chair, and
congratulations to you, Ms. Moffitt, on your nomination to be
the USDA's Under Secretary of Marketing and Regulatory
Programs.
I am proud to say that Georgia is leading the Nation in
peanut production. When I think about that, I was with a
somewhat known peanut farmer last weekend, in Plains, Georgia,
as we celebrated the President Carter's 75th wedding
anniversary. We lead the Nation in peanut production. We are
known as the peace State, but we produce over 45 percent of the
total U.S. peanut crop every year.
I recently worked with my colleague over in Alabama,
Senator Tuberville, in leading a bipartisan letter to Secretary
Vilsack and Ambassador Todd. In this letter, we raised serious
concerns with the prohibitive trade barriers that I was hearing
farmers talk to me about on my ag tour throughout Georgia a
couple of months ago. They were very concerned about the ways
in which the European Union, with its trade barriers regarding
aflatoxin and testing negatively impacted their domestic peanut
industry and some of the unfairness there with respect to this
process. USDA's Agricultural Marketing Service manages a peanut
aflatoxin program to ensure the safety of our domestic crop.
If confirmed, will you commit to working with your
colleagues within USDA's Farm Agriculture Service and the
Office of the U.S. Trade Representative to directly engage our
European counterparts in order to reduce these barriers and
increase market access for Georgia's peanut farmers and
processors?
Ms. Moffitt. Senator Warnock, thank you for that question,
and it is great to hear about all the great, wonderful peanut
production in Georgia. I am familiar with aflatoxin. It is an
issue also in walnuts. I know the importance of the work that
Agricultural Marketing Services does in monitoring and
detecting so that we can keep those avenues of trade open.
Should I have the opportunity to be confirmed, I definitely
look forward to working with our team at Agricultural Marketing
Services, with the team at USDA, to understand and take a
proactive step in identifying and partnering on this issue.
Senator Warnock. Well, that is good to hear, because it is
critically important. The domestic peanut sector is
anticipating $130 million in lost sales just this year because
of this issue. I could feel the urgency in the voices of the
farmers as I talked to them about this throughout Georgia.
On May 13, 2021, the USDA announced almost $160 million in
purchases of domestic agriculture commodities. As a native of
coastal Georgia, I was thrilled to see $25 million included in
this announcement for South Atlantic and Gulf of Mexico wild-
caught shrimp. This was a welcome announcement for Georgia's
seafood industry, as many fishing vessels and coastal
communities suffer from COVID-19 restaurant closures.
Despite this recent success, the domestic seafood sector
has historically struggled to access USDA's commodity
purchasing programs. If confirmed, will you commit to working
with me and others to find additional opportunities for
Georgia's seafood sector within AMS commodity purchasing
programs?
Ms. Moffitt. Yes, thank you for that question, and I saw
that announcement as well. I know how important AMS and USDA
purchasing programs are, not just to provide important
nutrition to schools and to food banks but also how important
it is for local producers and for producers, American
producers, as new marketing channels.
Certainly I know how important it is always to evaluate
programs, look at opportunities to bring in new producers,
bring in that incredible diversity of American agriculture that
we have into these programs. Should I have the opportunity to
be confirmed, I look forward to exploring these opportunities
with Agriculture Marketing Services, finding ways to bring in
new producers, including local producers into these programs as
well.
Senator Warnock. Very good. Thank you so much. These issues
and a focus on them will certainly benefit rural and coastal
communities all across the State of Georgia. Thanks so much.
Chairwoman Stabenow. Thank you very much. Thank you so
much. Senator Marshall has returned, so we will hear from
Senator Marshall, and then Senator Lujan, and then Senator
Hyde-Smith.
Senator Marshall. All right. Thank you, Madam Chair, and
welcome to the hearing.
We had the opportunity to talk yesterday about non-tariff
barriers for a second, and I just wanted to ask--will you
continue to defend and fight for our ability to export
agriculture products while still using the food technology that
allows our farmers and ranchers to produce the quality, safe,
and wholesome food that we do today?
Ms. Moffitt. Yes, Senator Marshall. Thank you, and it was
great to connect with you yesterday and to talk about trade and
the important role, again, that both Agricultural Marketing
Services as well as APHIS play in helping to facilitate trade.
Those market barriers that you talked about are really
important. They are real to our producers, and I definitely
look forward to diving in, to understanding those issues, and
to really finding opportunities to open up new markets and to
continue existing markets for all American producers.
Senator Marshall. What do you think will be the biggest
challenges going forward, whether it is with the European Union
or Asia, as far as those non-tariff barriers? What challenges
do you see, going forward?
Ms. Moffitt. That is a good question. I think, you know,
should I have the opportunity to be confirmed, I look forward
to learning from the team, especially at APHIS, about what some
of those challenges are. The thing that we bring is incredible
scientific background, an incredible body of knowledge.
Bringing that body of knowledge to the table, to help inform
countries that do have concerns, and bring that wealth of
information is a very important one.
Senator Marshall. Okay. Let us talk about meat labeling for
a second, and again, I think we touched on this yesterday. I am
just very concerned about the meat labeling of ``Product of the
U.S.,'' the way it has been used. This is something that we
have pushed back on USDA and FDA now for several years, that I
think it is a very misleading label, when we take beef from
foreign countries, bring it in, mix it with our beef, and then
label it ``Product of the U.S.''
Will you support changing the current ``Product of the
U.S.'' meat label to ensure that meat labels are clear and
accurate for consumers?
Ms. Moffitt. Senator Marshall, I know that there have been
announcements recently by Secretary Vilsack on looking at and
defining new rules on what the definition of ``Product of the
USA'' is. Should I have the opportunity to be confirmed, I look
forward to meeting with him, understanding what the next steps
are. Certainly as an organic producer, I know how important
those labels are to consumers in helping consumers make the
right and informed choices. I certainly look forward to diving
into this issue, should I have the ability to be confirmed.
Senator Marshall. Okay. Thank you. Then again yesterday we
talked a little bit about a dealer trust, and I am not sure if
you got to spend any more time looking into it, but I just want
to remind you that we did pass our dealer trust legislation
last year, and it was signed by the President. I want to know
if USDA is committed to fulfilling their role, if necessary,
implementing guidance needed to be prepared to enforce the
priority for unpaid livestock sellers.
Ms. Moffitt. Yes, thank you for that question, Senator
Marshall. Certainly it is important, in all legislation that is
enacted, that I, as someone who would potentially be, you know,
upholding and enacting that legislation, to evaluate that
legislation and make sure that we are following the intent of
that legislation.
I cannot speak to the specific of this, necessarily, but
should I have the opportunity to be confirmed, I look forward
to diving into that, learning more about it, and getting back
to you on this, Senator Marshall.
Senator Marshall. Okay. Thank you so much. I yield back the
remainder of my time.
Chairwoman Stabenow. Thank you very much. We will hear from
Senator Lujan, and then Senator Hyde-Smith.
Senator Lujan. Thank you, Chair Stabenow and Ranking Member
Boozman, for holding this hearing, and thank you to our nominee
for joining us. I am sure your family must be proud of all you
have accomplished to be here, and you will accomplish, if
confirmed, and when confirmed, in your position at the
Department of Agriculture.
New Mexico farmers and ranchers pride themselves on local
products they provide for their communities. The ability to
produce value-added goods not only creates for farmers and
ranchers to receive better prices for their products but also
keeps and reinvents and brings more opportunity to create
wealth in communities that they operate in.
As consumers continue to become more invested and
interested in knowing not only how their food is produced and
grown but also where it comes from, the certification that the
USDA provides to producers become even more to help and drive
up demand. These programs also create market certainties and
consistencies that allows farmers and ranchers to get greater
value for their products.
That is why I have been proud to champion efforts to
strengthen and expand value-added programs to ensure that
confidence is there when consumers make selections at the
marketplace and to create alternative avenues for farmers and
ranchers to market their products, both domestically and
internationally.
Ms. Moffitt, given your first-hand experience in marketing
your own farm's products, what are some of the barriers that
farmers and ranchers face when looking directly to market to
consumers?
Ms. Moffitt. Senator Lujan, thank you for that question,
and yes, I very much know the importance of value-added for our
local communities, for our regional supply chain, and then also
just for crossing and informational exchange between other
producers as well, kind of really lifting all those in the
process and providing new markets for producers.
Given my experience doing marketing, I know one of the
first things that I needed was technical assistance, was that
support in first identifying new markets. While it is a little
bit different as, you know, my dad became certified organic in
1992, I was 12 at the time, and then he realized he did not
have markets for that product. I called over to USDA. This was
Foreign Ag Service, but they faxed over a list of potential
buyers. I spent my winter break packing up walnuts and sending
letters to potential buyers in Japan, and we were able to find
new buyers.
I know the importance of just that facilitating the
technical assistance, whether it is that, and, of course, in
that case new export markets, or understanding labeling and all
of the different things, food safety, and all of the different
things that are involved in doing value-added production in
farming and processing operation.
Senator Lujan. Well, and not just the work you did for the
family farm there but I know, as a former 4-H and FFA member,
and I believe a current 4-H volunteer, you understand the
importance of helping young farmers as well continue to stay
involved and have that support. I appreciate that that is also
a skill set you are going to bringing, and advocacy.
Disease prevention. For border States like New Mexico,
where we are at the front line of ensuring that foreign pests
and diseases do not harm our domestic food supply, ensuring
that we are partnering with our neighboring countries is going
to be vital to ensure that pest and livestock diseases do not
impact American agricultural systems.
How important is it within international cooperation,
especially in our case, with countries like Mexico, in
developing the necessary safeguards to protect American
agriculture, and are there areas that you believe we need to
work with our international partners to make sure we are taking
a strong, wide approach when looking to protect from invasive
pests and diseases?
Ms. Moffitt. Yes, I think a strong partnership with anyone,
and in this case international partners, is key. Open lines of
communication is paramount to the work that I have done,
because the earlier we can find out about potential concerns,
the earlier we can address them and tamp down those different
issues or concerns that people might have.
I know, in the work that we have done in California, three
years or so ago we had an outbreak of virulent Newcastle
disease, which is a highly contagious disease amongst poultry.
We heard from the industry how important it was to aggressively
step in, through a joint command with APHIS, really contain the
outbreak and then eradicate it, and now taking that proactive
and all-in approach between industry--industry partnership was
absolutely incredible in that--with Federal and State
government, to really address those issues as they come up, so
that we do not have those concerns from our trade partners to
begin with. They have confidence that we are on it and taking
the steps necessary to make sure that we are containing this
disease.
If I have the opportunity to be confirmed, I will
definitely do that as well.
Senator Lujan. Thank you, Ms. Moffitt. Madam Chair, we look
forward to getting our red and green chile all over the world
and across America, so I look forward to working with you to
get that done. I yield back.
Chairwoman Stabenow. Absolutely. We look forward to the
Committee having the opportunity to taste that as well, which I
have in the past. It is great.
Senator Hyde-Smith.
Senator Hyde-Smith. Thank you, Chairwoman Stabenow, and
congratulations, Ms. Moffitt, on your nomination, and you have
done really well answering your questions. I love your
enthusiasm and I love your genuineness, and I look forward to
working with you.
Ms. Moffitt, USDA food purchases have historically left
behind fresh fruits and vegetables, and of the $1.85 billion in
USDA food purchases in Fiscal Year 2020, just $6.5 million
actually included fresh-to-the-consumer produce. That was just
spread across three commodities.
As we recover from the pandemic, economic growth remains,
as you well know, uneven. There are farmers tilling commodities
over while people continue to be hungry. What can AMS do to
right-size its purchasing to be more reflective of the Nation's
bounty of specialty crops and to support the diets that
Americans should be eating to combat diet-related chronic
diseases?
Ms. Moffitt. Senator Hyde-Smith, thank you for that
question, and yes, I am very passionate about agriculture and
American agriculture. Yes, so the pandemic certainly was
heartbreaking at the beginning of the pandemic as 50 percent of
our food supply chain practically stood to a halt. We, I know,
just like the United States Department of Agriculture, we, at
our State Departments of Agriculture around the country joined
together, shared information, and really worked on building
bridges and connecting producers that have food with the food
supply chain, whether that was food banks, pantries, and
schools and other feeding programs, building those bridges and
connecting the dots between producers and those who were
supplying those in need. It was really important
We saw first-hand, in California, across the Nation, how
important it is to bridge that infrastructure, to bridge
producers and processors with food banks, food pantries, and
the like, and the need to help build an infrastructure in
between so that we can actually--we can build a better food
system for our producers as well as for those who are
benefiting from those nutrition programs as well.
Thankfully, hunger is on the decline, but it is an
important point right now in our Nation to take lessons learned
from the past 16 months. Throughout the pandemic, things that
we have been able to just, you know, go all in and say we need
drop off--you know, all things aside and really support our
producers, we need to support those who are hungry, and look
out of the box. I think there is an important opportunity now
to take those lessons learned and really apply them going
forward.
I know that the food purchasing program is important, both
to those who benefit from the program, the consumers that
benefit from the program, as well as the producer, and so
should I have the opportunity to be confirmed I look forward to
taking those lessons learned, meeting with the team to see what
has already been done. I know there are a lot of public
comments that have come in on this, and to look at what is
possible in this area.
Senator Hyde-Smith. Thank you. I think in my second
question, while I have a little time left, the Farmers to
Families Box Program, you know, despite its flaws it
represented the only time that USDA purchased meaningful
amounts of fresh produce, something that has been a goal of
USDA for a very long time. You know, it was done by utilizing
existing fresh produce supply chain to deliver a wide variety
of high-quality fresh fruits and vegetables. Nonprofits, food
banks, and clients, many things you just mentioned,
consistently cite fresh produce as the most desired food to
distribute.
With the Administration's decision to sunset the program
earlier this year, how do you think AMS should fill in the gap
that has been left by this program ending?
Ms. Moffitt. Yes, thank you, Senator Hyde-Smith. You know,
I heard this. I know. I know people who have participated in
the Food Box Program, and I know that it has been able to bring
in non-traditional or new participants into USDA programming
that have not been able, or been participating in the past.
I am aware that USDA has announced some new funding related
to this, really shifting from response to recovery, looking at
long term, taking lessons learned, and looking long term.
Should I have the opportunity to be confirmed, I look forward
to partnering with the team at AMS, hearing what their plans
are, and exploring opportunities to continue to look at how we
bring in new partnerships, whether those are producers, local
producers, small producers, as well as nonprofits and Tribes,
as well.
Senator Hyde-Smith. Great. Thank you very much.
Chairwoman Stabenow. Thank you. Next we have Senator
Fischer, who I believe is joining us virtually.
Senator Fischer. Thank you, Chairman Stabenow. Ms. Moffitt,
it is nice to see you again today. Welcome. I enjoyed the
conversation that we had yesterday, and so I am pleased that
you are here today.
We talked about this a little bit. I have been hearing from
many cattle producers in Nebraska about the need to increase
transparency and improve our cattle markets. This is why I have
introduced legislation to bring transparency to cattle markets
and to provide cattle ranchers with a fair market.
Last week, President Biden issued an Executive Order that
requires USDA to issue a report to the White House within 180
days, that would include suggestions on how to enhance price
discovery, increase transparency, and improve the functioning
of cattle and other livestock markets.
If confirmed, you would oversee the Agricultural Marketing
Service, which will likely play a role in developing these
recommendations, given their responsibility for livestock price
reporting. Do you believe that greater transparency is needed
in our cattle markets?
Ms. Moffitt. Yes, thank you so much, Senator Fischer, and I
appreciated our conversation yesterday. You know, I heard your
questions yesterday about transparency, and I certainly saw the
announcement last Friday on a myriad of things, a whole package
of things to really support and build a much more robust and
resilient meat and poultry system.
I know the importance of the Packers and Stockyard Act and
how important that is to producers. I have heard, throughout
this process, how important it is, how much ranchers are
getting squeezed. We have talked, and I know that we have heard
about the difference in market prices that consumers are paying
than cattle ranchers are getting, and I understand that squeeze
that the ranchers are getting.
I know that it is important to ensure that the food system
and the meat system is fair and competitive, and I look forward
to exploring transparency by discovery, local and regional
processing capacity, supporting a system where farmers and
ranchers have choices, and where consumers have choices as
well.
Senator Fischer. Will you commit that you will engage with
the Committee, not only on the recommendations that are sent to
the White House but also to work with Congress on legislative
solutions, like what I have put forward?
Ms. Moffitt. Yes, Senator Fischer. I know how important it
is to continually work with, in our case, our State
legislature, in providing technical assistance on pending
legislation and then, of course, partnering on enacting any
legislation that might be approved. I know the value of working
with our legislature. I know the value that would be, should I
be in this position to work with Congress as well, in this
process.
Senator Fischer. Thank you. We have touched on this a
little bit during your hearing about the USDA Packers and
Stockers Division, and that is also going to fall under your
leadership if you are confirmed. The Biden administration has
directed USDA to consider rulemaking to strengthen the Packers
and Stockyards Act. Can you discuss what your view, as the role
of the Packers and Stockyards Act, what is that role, and how
will the proposed rule changes help fulfill that role?
Ms. Moffitt. Thank you, Senator Fischer. While cattle is
the fourth-largest industry in California, I do not have first-
hand work yet on the marketplace for the cattle industry. I
know how important it is. I know the complexity in it. I heard
the announcement last week, and should I have the opportunity
to be confirmed I look forward to meeting with Secretary
Vilsack, understanding his vision, understanding what the
directive is in the Executive order, and working to do all that
I can to support that.
Senator Fischer. Again, I hope you will pull in
stakeholders across the country to be able to see the diversity
that we have in different areas of the country in this
industry.
Ms. Moffitt. Absolutely.
Senator Fischer. Great. For more than 25 years, the FDA has
taken a one-size-fits-all approach to the U.S. biotech animal
applications, and in those 25 years, only two agricultural
innovations have received regulatory approval, both of which
took over a decade. We currently do not have an efficient
pathway toward other important innovations, such as disease-
resistant livestock or ruminant animals that emit fewer
emissions.
Last year, the USDA published an Advanced Notice of
Proposed Rulemaking, an ANPR, suggesting it might propose
regulations to develop a path at the Animal and Plant Health
Inspection Service and the Food Safety Inspection Service for
agricultural animals. This potential rulemaking has been
included in the Biden administration's unified regulatory
agenda several weeks ago. If confirmed, will you commit to
meeting with stakeholders about the prospects of furthering
this rulemaking at USDA?
Ms. Moffitt. Yes, Senator Fischer, it is one of the things
that I enjoy most about the job that I have now, is really
hearing from stakeholders, hearing from--as a producer, as a
former producers myself, I know important it is to hear from
the people on the ground, working the land and implementing
these regulations, to hear what are the best ideas that they
have, and what are the ideas that they have, so that we can
make sure that we are factoring all of that in, in the work
that I do in my current job and, should I have the opportunity
to be confirmed, I will continue to do that and meet with
stakeholders throughout the Nation.
Senator Fischer. Thank you, Ms. Moffitt. I appreciate the
background that you will bring to this position and I
appreciate your sincerity in pledging to constantly work with
stakeholders on any number of issues. Thank you very much.
Chairwoman Stabenow. Thank you very much. Next we have
Senator Hoeven. Good morning.
Senator Hoeven. Good morning. Thank you, Madam Chair. I
appreciate it. Greetings again to Ms. Moffitt. Thank you for
visiting with me on the phone the other day.
I do want to pick up where Senator Fischer left off. We do
need to do more to foster competition in the markets for our
cattle producers, and that means more competition, better
pricing, more transparency. She asked you about the Packers and
Stockyard Act, and so I guess, along that same line, would you
commit to work with the Department of Justice (DOJ) and the
Federal Trade Commission as they look into the need for more
competition in these markets, and would you support that
effort, and how would you support that effort?
Ms. Moffitt. Thank you, Senator Hoeven, and again, it was
also nice to meet with you the other day as well.
Yes, again, I know how important the Packers and Stockyard
Act is to producers, and really the whole value chain, in
support, as you said, a fair and competitive market, which is
very important for family farmers and it is important for all
of us in the Nation, as consumers, as well.
I know that there is pending work done at the Department of
Justice, and I know the importance of any agency engaging on
any pending legislation. Should I have the opportunity to be
confirmed, certainly I will connect with the office, our
General Counsel at the United States Department of Agriculture
and providing any sort of support, if needed.
Senator Hoeven. One of the ideas that came forward in our
hearing recently was establishing a cattle contract library and
a 14-day slaughter schedule, and if that is enacted, which
hopefully it will be, it would be implemented and administered
by the Ag Marketing Service. Would you be willing to support
the establishment of a contract library and a 14-day slaughter
schedule as a way to improve market transparency?
Ms. Moffitt. Oh, well, this is, again, something new to me,
so I look forward to learning more about that. Should I have
the opportunity to be confirmed, engaging in this and diving
into this, both with your interest in mind as well as with the
team at Agricultural Marketing Services.
Senator Hoeven. Another question for you is in regard to
APHIS Wildlife Services. One of the big challenges we have--we
have a very diversified ag base in our State and grow a lot of
different crops. For crops like sunflowers, corn, wheat, oats,
sorghum, and others, the blackbirds just are a tremendous
problem for us, which, on average, cause about $11 million a
year in damage, just to the sunflower crop alone.
If confirmed, will you continue to support the APHIS
program that we have right now to manage blackbirds and prevent
damage to our crops?
Ms. Moffitt. Yes, Senator Hoeven, thank you for that
question. Should I have the opportunity to be confirmed I will
learn all about this and work with APHIS on understanding the
program that they have.
Senator Hoeven. We have a similar problem with coyotes.
Will you support APHIS programs to address the challenge that
we have with coyotes and their depredation?
Ms. Moffitt. Yes. Again, should I have the opportunity to
be confirmed I will work with APHIS and understand the work
that they are doing, and to continue to ensure that the current
work is benefiting producers.
Senator Hoeven. Okay. Well, this next question is a really
tough one for you, and I am probably okay however you answer
it, but I know for the Chairwoman of the Ag Committee, she is
going to be listening really, really close. That is, are you
willing to support the Specialty Crop Block Grant Program?
Ms. Moffitt. Yes, absolutely. That is a very tough
question. Certainly I know, in the work that we have done in
California, how valuable that Specialty Crop Block Grant
Program is to producers in our State and to consumers in the
State as well. Should I have the opportunity to be confirmed, I
will continue to support that.
Senator Hoeven. Yes, I figured that is one you would be
pretty familiar with. Thank you so much. Again, thanks for
visiting the other day. I appreciate it.
Senator Boozman. That was a suck-up question.
Senator Hoeven. Yes, sir.
Chairwoman Stabenow. The right answer was produced. Thank
you very much. Yes, thank you.
Certainly, this morning, last but certainly not least,
Senator Braun. Good morning.
Senator Braun. Thank you, Madam Chair. This is always a
topic I like to talk about in general, and I am going to refer
to you as Jenny, since we had a great conversation last
evening. I like the fact that you come off the farm. I did not
grow up on the farm but I have lived on one ever since I moved
back to my hometown.
Every time I have the opportunity to talk about agriculture
in general, I like to mention some of the things that, in my
mind, make it tougher for one of the hardest occupations God
created. One of my concerns is that both government, to some
extent, and the concentration within the ag community, that
farmers buy supply from, they become bigger challenges, maybe
even taking the most risky business for the bottom line you
squeeze out of an acre of effort. I am concerned about that.
I know in your role that industry concentration is maybe
not something that you can impact directly. Government
regulation would be. I cite recently, in my own backyard, where
I had farmers that are the great stewards of the land. That is
reflected even in the climate discussion, where we emit so much
less CO2 with our farming practices here in the U.S. versus the
rest of the world.
I am going to focus in on a couple of topics that I think
you might able to weigh in on. We discussed it a little bit
yesterday evening, and let us start with ag logistics. Whenever
you go through all the effort of beating the weather, and
getting things done, where you have got a good crop, you have
got to move it to market. Tell me how you think your role could
impact and make it easier for the farmer when he gets the crop
out of the field to not be beset by particular issues of taking
it to the marketplace.
Ms. Moffitt. Yes. Thank you, Senator Braun, and it was
great to meet with you as well yesterday. On the question of
logistics, I know that within Agricultural Marketing Services
there is a transportation section. Information is really
important. As farmers, we do not always gather all the
information that we need, and so the important role of the
United States Department of Agriculture to be able to gather
that information and provide information to producers, to
distributors, so they have an understanding of what is going
on, so that they can take things into their own hands and be
proactive, is, in theory, very important.
I, of course, also, in my current at the Department of Food
and Agriculture, work a lot with our sister agencies. I know
how valuable it is, as an ag agency, to work under sister
agencies to help them as they are weighing different ideas and
concepts, and to, again, bring that voice of farmers, of
processors, of distributors, in this case, and what we are
hearing from the ground.
Senator Braun. Thank you for that answer. Then on another
topic, the USDA collected nearly $1 billion in mandatory fees
from American farmers. As one who is concerned, again, about
how you would use those fees, and in the context of, you know,
concentration within the industry, I am curious to see what
your position would be, and that of Secretary Vilsack, on how
you use these checkoff fees to where they are going to truly
benefit the farmer, the producer.
Ms. Moffitt. Yes, thank you for that question. I know, as a
farmer who paid into marketing orders, and to the walnut
marketing order, how important those marketing orders can be to
us. In the walnut industry, at least, and I hope you all know
how walnuts help promote heart health, brain health, all of
that research was funded through our marketing order fees.
While I do not have full understanding yet, because I am
not in the position of what those fees currently do, certainly
I commit to understanding your concern and your question about
that and looking into it and ensuring that the work that the
United States Department of Agriculture, should I be confirmed,
is servicing the needs of customers.
Senator Braun. Thank you. One quick question, and you can
keep the answer, because I am almost out of time. When it comes
to finding new revenue sources for farmers, including organic
markets, how would you use your position to foster what is
important for any business, regardless of what you are in, and
that is not to rely on what you are doing necessarily in the
moment to pay the bills, to look for other ways of earning
money down the road?
Ms. Moffitt. Yes, I do not know if I can go ahead and
answer that question, but I am happy to. I think that the role
of farmers in marketing products is important, and the role of,
in this case, of the United States Department of Agriculture in
supporting farmers and ranchers is a really important thing.
I have been benefited from the work and the partnership
with USDA, with Agricultural Marketing Services, again as an
organic producer with the national organic program. Standards
and regulations, regulatory developments can actually level the
playing field, even the playing field, and, of course, you
know, generate a fair and more competitive market.
Senator Braun. Thank you.
Chairwoman Stabenow. Thank you very much, and I believe
that we have no further Senators that are going to be able to
join us this morning, so I want to thank you again, Ms.
Moffitt, for your testimony today. We have talked about the
task ahead, if you are confirmed, to lead the Marketing and
Regulatory Program mission area at USDA. More than any
particular single function of your job there, the role is going
to be about helping the diversity of our food system flourish.
The job is going to be about working to make sure those
producers who have the tools and resources they need to be
successful, and if they do not, working to meet those needs
quickly and efficiently.
I believe you are the right person to lead that effort, and
am pleased to support you.
This concludes today's hearing. The record will remain open
until tomorrow at 5 p.m. for members to submit additional
questions or statements. The hearing is adjourned.
[Whereupon, at 11:01 a.m., the Committee was adjourned.]
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