Fresh Produce Discussion Blog

Created by The Packer's National Editor Tom Karst

Friday, October 28, 2011

Comment period extended: Child Labor Regulations, Orders and Statements of Interpretation; Child Labor Violations—Civil Money Penalties

DEPARTMENT OF LABOR
Wage and Hour Division
29 CFR Parts 570 and 579
RIN: 1235-AA06
Child Labor Regulations, Orders and Statements of Interpretation; Child Labor
Violations—Civil Money Penalties
AGENCY: Wage and Hour Division.
ACTION: Notice and Extension of comment period.
SUMMARY: This document extends the period for filing written comments for an
additional 30 days on the proposed revisions to the child labor regulations published on
September 2, 2011. The Department of Labor (Department or DOL) is taking this action
in order to provide interested parties additional time to submit comments.
DATES: The agency must receive comments on or before December 1, 2011. The
period for public comments, which was to close on November 1, 2011, will be extended
to December 1, 2011.
ADDRESSES: You may submit comments, identified by RIN 1235-AA06, by either one
of the following methods:
Electronic comments: through the Federal eRulemaking Portal:
http://www.regulations.gov. Follow the instructions for submitting comments.
Mail: Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200
Constitution Avenue, NW, Washington, DC 20210.
Instructions: Please submit one copy of your comments by only one method. All
submissions received must include the agency name (Wage and Hour Division) and
Regulatory Information Number identified above for this rulemaking (1235-AA06). All
comments received will be posted without change to http://www.regulations.gov,
including any personal information provided. Consequently, prior to including any
individual’s personal information such as Social Security Number, home address,
telephone number, e-mail addresses and medical data in a comment, the Department
urges commenters carefully to consider that their submissions are a matter of public
record and will be publicly accessible on the Internet. It is the commenter’s
responsibility to safeguard his or her information. Because we continue to experience
delays in receiving mail in the Washington, DC area, commenters are strongly
encouraged to transmit their comments electronically via the Federal eRulemaking Portal
at http://www.regulations.gov or to submit them by mail early. For additional
information on submitting comments and the rulemaking process, see the “Public
Participation” heading of the SUPPLEMENTARY INFORMATION section of this
document.
Docket: For access to the docket to read background documents or comments
received, go to the Federal eRulemaking Portal at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Arthur M. Kerschner, Jr., Division of
Enforcement Policy and Procedures, Branch of Child Labor and Special Employment,
Wage and Hour Division, U.S. Department of Labor, Room S-3510, 200 Constitution
Avenue, NW, Washington, DC 20210; telephone: (202) 693-0072 (this is not a toll free
number). Copies of this notice of proposed rulemaking may be obtained in alternative
formats (Large Print, Braille, Audio Tape, or Disc), upon request, by calling (202) 693-
0023. TTY/TDD callers may dial toll-free (877) 889-5627 to obtain information or
request materials in alternative formats.
Questions of interpretation and/or enforcement of regulations issued by this
agency or referenced in this notice may be directed to the nearest Wage and Hour
Division District Office. Locate the nearest office by calling the Wage and Hour
Division’s toll-free help line at (866) 4US-WAGE ((866) 487-9243) between 8 a.m. and
5 p.m. in your local time zone, or log onto the Wage and Hour Division’s Web site for a
nationwide listing of Wage and Hour District and Area Offices at:
http://www.dol.gov/whd/america2.htm.
SUPPLEMENTARY INFORMATION:
I. Electronic Access and Filing Comments
Public Participation: This notice of proposed rulemaking is available through the
Federal Register and the http://www.regulations.gov Web site. You may also access this
document via the Department’s Web site at http://www.dol.gov/federalregister. To
comment electronically on federal rulemakings, go to the Federal eRulemaking Portal at
http://www.regulations.gov, which will allow you to find, review, and submit comments
on federal documents that are open for comment and published in the Federal Register.
Please identify all comments submitted in electronic form by the RIN docket number
(1235-AA06). Because of delays in receiving mail in the Washington, DC area,
commenters should transmit their comments electronically via the Federal eRulemaking
Portal at http://www.regulations.gov, or submit them by mail early to ensure timely
receipt prior to the close of the comment period. Submit one copy of your comments by
only one method.
II. Request for Comment
The Department is proposing to revise the child labor regulations issued pursuant
to the Fair Labor Standards Act, which set forth the criteria for the permissible
employment of minors under 18 years of age in agricultural and nonagricultural
occupations. The proposal would implement specific recommendations made by the
National Institute for Occupational Safety and Health, increase parity between the
agricultural and nonagricultural child labor provisions, and also address other areas that
can be improved, which were identified by the Department’s own enforcement actions.
The proposed agricultural revisions would impact only hired farm workers and in no way
compromise the statutory child labor parental exemption involving children working on
farms owned or operated by their parents.
In addition, the Department proposes to revise the exemptions which permit the
employment of 14- and 15-year-olds to perform certain agricultural tasks that would
otherwise be prohibited to that age group after they have successfully completed certain
specified training.
The Department is also proposing to revise subpart G of the child labor
regulations to incorporate all the regulatory changes to the agricultural child labor
provisions made since that subpart was last revised. Finally, the Department is proposing
to revise its civil money penalty regulations to incorporate into the regulations the
processes the Department follows when determining both whether to assess a child labor
civil money penalty and the amount of that penalty.
In the Federal Register of September 2, 2011 (76 FR 54836), the Department of
Labor published a proposed notice of rulemaking requesting public comments on
proposed revisions to the child labor regulations issued pursuant to the Fair Labor
Standards Act, which set forth the criteria for the permissible employment of minors
under 18 years of age in agricultural and nonagricultural occupations. Interested parties
were requested to submit comments on or before November 1, 2011.
The Department has received requests to extend the period for filing public
comments from members of Congress and various agricultural business organizations,
including, but not limited to: American Sheep Industry Association; National Cattlemen’s
Beef Association; National Pork Producers Council; National Turkey Federation;
California Farm Bureau Federation; National Association of State Departments of
Agriculture; National Association of Agricultural Employers; National FFA
Organization; and the American Farm Bureau Federation. Because of the interest that
has been expressed in this matter, the Department has decided to extend the period for
submitting public comment for 30 additional days.
Dated: October 26, 2011
Nancy J. Leppink
Deputy Administrator, Wage and Hour Division
BILLING CODE 4510-27-P
[FR Doc. 2011-28075 Filed 10/28/2011 at 8:45 am; Publication Date: 10/31/2011]

Weston Price: Experts to Challenge Dietary Myths about Fats, Salt,Plant-Based Diets

Experts to Challenge Dietary Myths about Fats, Salt,Plant-Based Diets

Mythbusters Nutrition Conference Slated for Dallas, Texas



October 26, 2011-Washington, D.C.--The Weston A. Price Foundation, a nutrition education nonprofit organization, will address dietary myths and faddish health claims during their 12th annual conference, Wise Traditions 2011—Mythbusters. The event takes place November 11-14, 2011 at the Sheraton Dallas Hotel, Dallas, Texas.

The Weston A. Price Foundation urges a return to nutrient-dense traditional foods and sustainable, pasture-based farming practices. The group actively works to advance the work of the nutrition pioneer, Dr. Weston A. Price, author of Nutrition and Physical Degeneration.

“Participants will come away with a sense of relief that delicious foods like butter, meat, eggs, and raw milk are not dangerous substances as claimed, but rather foods that support optimal health,” says Sally Fallon Morell, president of the Weston A. Price Foundation. “We will show that the attack on salt is unfounded, and that salt is essential for digestion and overall health.”

Over twelve hundred health and nutrition professionals, family farmers and wellness-oriented citizens from around the world are expected to attend. A limited number of tickets are still available. The event is open to the public and CEU credits are available for some professionals.

Tracks offered at this year's conference include several full day seminars on Friday, November 11: ”Nourishing Traditional Diets” by Sally Fallon Morell; “Gut and Psychology Syndrome” by autism specialist, Dr. Natasha Campbell-McBride, M.D.; “Nutrition and Metabolism” by Stephanie Seneff, Ph.D.; and a biodynamic farming track featuring Hugh Lovell, Michael Schmidt and Christy Hemenway.

Saturday’s joint session of Mythbuster lectures features experts taking aim at myths about fats, salts, industrial sweeteners and plant-base diets. A key speaker is the notable China Study debunker, Denise Minger. The China Study by Colin Campbell has increased the popularity of vegetarianism, yet according the Minger, the research justifying plant-based diets is significantly flawed.

Other partial day tracks will cover the topics of Children's Health, Gut Health, Hormone Health and Recovery from Digestive Problems, Vegetarianism and Cancer. More cooking classes than ever before have been added to the agenda, including classes on broth-based soups and stews, gluten-free sourdough bread and traditional food preparation.

The Exhibitors Hall will showcase a wide array of nutrient-dense foods, pasture based farms, holistic health practitioners and nutritional supplements.

The Wise Traditions yearly conference proudly offers delicious meals that exemplify the principles of nourishing traditional diets. The menu this year was created by WAPF founder Sally Fallon Morell, author of the best-selling Nourishing Traditions.

For further information about WAPF, visit www.westonaprice.org. For the conference schedule or to register for the conference, visit the conference page or phone (304) 724-3006. Press passes are available for journalists, filmmakers and authors.

Statements by Attorney General Holder and Agriculture Secretary Vilsack on Court Approval of Pigford II Settlement Agreement

Statements by Attorney General Holder and Agriculture Secretary Vilsack on Court Approval of Pigford II Settlement Agreement


WASHINGTON, October 28, 2011– Attorney General Eric Holder and Agriculture Secretary Tom Vilsack released the following statements on the U.S. District Court for the District of Columbia approval of the historic Pigford II settlement:

"This settlement allows the Department of Agriculture and African-American farmers to focus on the future, and brings us one step closer to giving these farmers a chance to have their claims heard," said Attorney General Holder. "Accomplishing this settlement has been a top priority of this Administration and I am pleased that the court has approved it."

"Since my first day at USDA, I made it a priority to treat all Americans with respect and dignity and to ensure equal access to our programs. Court approval of the Pigford settlement is another important step to ensure some level of justice for black farmers and ranchers who faced discrimination when trying to obtain services from USDA," said Secretary Vilsack. "President Obama, Attorney General Holder and I are thrilled by the court's approval so we can continue turning the page on this sad chapter in USDA history. In the months and years ahead, we will not stop working to move the Department into a new era as a model employer and premier service provider for all Americans regardless of race, ethnicity or gender."

On Feb.18, 2010, USDA and the U.S. Department of Justice announced an agreement with African-American farmers to settle the Pigford II litigation for $1.25 billion. Congress passed the Claims Settlement Act that funded the settlement in November 2010, and the bill was signed by President Obama in December 2010. The bill that passed the Senate and House included strong protections against waste, fraud and abuse to ensure integrity of the claims process. The claims process will soon be established and announced for individuals who may have faced discrimination.

In February 2010, the Departments of Justice and Agriculture announced the Pigford II settlement with African American farmers, in October 2010, the departments announced the Keepseagle settlement with Native American farmers, and in February 2011, the departments announced the establishment of a process to resolve the claims of Hispanic and women farmers and ranchers. Earlier this year, USDA also released a Civil Rights Assessment report that detailed an aggressive plan to promote equal access and opportunity at the department. The Department of Agriculture is currently implementing many of the department-wide recommendations that will help USDA improve service delivery to minority and socially disadvantaged farmers and ranchers, and enhance program delivery and outreach to promote diversity, inclusion and accessibility. An overview of these comprehensive efforts is available at www.ascr.usda.gov/new_era_at_cr_.html.

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Farm Freedom Coalition: ‘Milk and Cookies’ Could Get Moms Arrested

‘Milk and Cookies’ Could Get Moms Arrested

Mothers to Break Federal Raw Milk Transport Ban



Washington DC - The beloved American tradition of milk and cookies is a crime for some mothers, according to the Farm Food Freedom Coalition, organizers of a planned civil disobedience on November 1. A US Food and Drug Administration (FDA) regulation makes the transport of raw milk intended for human consumption across state lines illegal, even for individuals purchasing it legally in one state and carrying it into the states where they live.



On Tuesday, November 1, 2011, a group of moms will challenge the FDA’s ban on interstate transport of raw milk by picking up fresh milk in Pennsylvania, transporting it to Maryland, then distributing it, along with cookies, in front of FDA headquarters in Silver Spring, Maryland at a rally from 12:00 -3:00pm.



After numerous armed federal assaults and undercover investigations on farmers, coops and buying groups that supply their raw milk, mothers across the country are disgusted with the FDA’s aggression and ready to take action to protect their families’ food.



“By criminalizing me for the food choices I make for my family, the FDA is effectively saying that I have no right to feed my family what I, as the parent, know is best for them,” says Suzy Provine, one of the “raw milk freedom riders” who chooses fresh milk for her family. “It is one thing to inform me about my choices, but the FDA goes too far by forcing what they think is best on my family.”



The FDA is disrupting thousands of families' food supplies by pressuring states to restrict access to raw dairy. States like Wisconsin and California are shutting down family farms by threatening penalties and jail for farmers.