Local Food Procurement

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Local Food Procurement

• Richard Caplan
• Harrison Institute for Public Law
• Georgetown University Law Center
• March 16, 2007

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Two Take Home Points

• USDA is ignoring Congress regarding local food
  procurement
• You can do something about it

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Hierarchy of Authority (in theory)
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Hierarchy of Authority (in practice)
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(No Transcript)
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1988 Agency Regulations

• Grantees will conduct procurements in a manner
  that prohibits geographical preferences except
  where applicable Federal statutes expressly
  mandate or encourage geographic preference.
• 7 CFR 3016.36(c)(2)

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2002 Farm Bill

• The Secretary shall encourage institutions
  participating in the school lunch program to
  purchase locally produced foods for school meal
  programs, to the maximum extent practicable and
  appropriate.

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(No Transcript)
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2002 Farm Bill Committee Report Language

• It is not the intent to create a geographical
  preference for purchases of locally produced
  foods or purchases made with grant funds. All
  purchases are to be made competitively,
  consistent with federal procurement laws and
  regulations.

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2004 Child Nutrition and WIC Reauthorization Act

• The Secretary may provide assistance . . . to
  schools and nonprofit entities for projects that
  improve access to local foods.
• USDA may provide assistance to programs designed
  to procure local foods.

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January 23, 2007 USDA letter

• The document expresses the view that Congress,
  as part of the 2002 Farm Bill, expressed clear
  support for geographic preferences in purchases
  made for school food service programs.

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Jan. 23, 2007 letter, contd

• That interpretation is incorrect. Federal
  procurement regulations at 7 CFR 3016.60(c)
  clearly prohibit the use of State or local
  geographic preferences. All purchases are to be
  made competitively, consistent with Federal laws
  and regulations.

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7 CFR 3016.60(c)

• Procurements under USDA entitlement programs
  shall be conducted in a manner that prohibits the
  use of in-State or local geographic preferences
  except as provided in 3016.36(c)(2).

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Which leads us back home!
2007 Letter
1988 Regulations
Statutory Authority for Local Food Procurement
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What Can Be Done?

• Dear Colleague letter
• Additional statutory language
• Legal action
• Advocacy by school food service providers
• Grassroots advocacy by public

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What you can do now

• Ask USDA to justify any additional exposition of
  their position in writing
• Share information about what USDA is doing with
  officials, newspapers, and anyone else willing to
  listen
• Report any problems you are having regarding
  promoting local food procurement

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Final thoughts

• USDA is not complying with a clear statutory
  mandate from Congress on local food procurement
• Many avenues for action exist now