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NATIONAL LEGISLATIVE SPECIAL | November 2023

Charles Atkinson

American Soybean Association senior representative

Great Bend, KS

Policy Perspective


After our meetings in July with legislators, policy actives have really picked up. The 2023 Farm Bill is a front burner priority as we work with Senate and Congress to encourage the passage of a new farm bill. Many other topics are moving through Washington, D.C., and we are always working for the soybean producer to make sure our interests are at the table when legislators discuss agriculture-related issues. In fact, as I write this article things are changing quickly on ag issues in D.C.

 

My perspective on agriculture issues and working with both local, state and national legislation is that politics is not a spectator sport. If you want to see change, it is vital to be involved. Your membership does exactly that. It allows us to take needs to those that can make a difference.

Topics the American Soybean Association continues to keep an eye on—

 

Foreign Ownership of Ag Land: An industry partner has shown interest in making an amendment to the bill regarding foreign ownership of ag land. This bill is in the final stages of development.

 

ASA and state CEOs learned of an industry partner’s interest in potentially seeking an amendment to language adopted by the Senate regarding foreign ownership of ag land in reauthorization of the national defense bill, which is currently in the final stages of development.

 

Chlorpyrifos: In a unanimous 3-0 ruling and a huge win for soybean farmers, the 8th Circuit Court of Appeals issued its long-awaited ruling in the lawsuit. ASA and other groups fought against EPA, finding the agency’s revocation of chlorpyrifos tolerances and its effective ban of the chemical was unfounded.

 

Fertilizer: The Commerce Department announced it is cutting duties on imports of phosphate fertilizer from Morocco from a duty of 19.97% to 2.12%. ASA filed an amicus brief in that case and was pleased to see it remanded for a redetermination of duties.  

 

Sustainable Aviation Fuel: ASA endorsed the Farm to Fly Act, which Rep. Max Miller (R-OH) introduced. The bill will add SAF into several farm bill energy title programs and define it in a way that excludes coprocessing for the purposes of these programs.

 

Interior Appropriations: The FY24 Interior Appropriations Bill, which governs funding for EPA, Department of Interior and other agencies; was considered on the House floor.

 

Disaster Assistance (ERP): ASA has started hearing concerns from farmers and other ag groups about USDA’s new approach to delivery of 2022 Emergency Relief Program (ERP) benefits, which uses progressive factoring. Offices on the Hill are already communicating concerns with the Farm Service Agency.

 

Industry/Stakeholder Connections: ASA is actively monitoring the Endangered Species Act (ESA) and rules that EPA is issuing that would affect millions of acres of soybeans.

Soy growers regain access to chlorpyrifos


Multiple agriculture groups are celebrating this ruling from the 8th Circuit Court of Appeals. The court found EPA disregarded the scientific facts, even those from their own scientists. According to records from this case, 11 uses of chlorpyrifos have been found to be high-benefit and low-risk by EPA scientists.


Science is in favor of the American farmer once again. The Environmental Protection Agency made an effort to ban the use of chlorpyrifos, but farmers stood together and fought back to deny this rule. The past two years have presented challenges for some farmers as they had to find alternative, often less effective, pesticides.


According to Daryl Cates, soybean farmer from Illinois and American Soybean Association president, this ruling is a win for agriculture and science-based regulation.


Not being able to use chlorpyrifos caused much higher costs fighting pests for some growers.


Nearly 1,500 farmers, ranchers, pesticide applicators, and agricultural producers across the country voiced their strong disapproval to EPA through a letter, including 64 from Kansas.


EPA’s obligation to the Endangered Species Act is recognized and agriculture groups would like to work together finding a solution fit for all. The Kansas Soybean Association as well as numerous other organizations signed a letter with science-based information to help make decisions regarding chlorpyrifos and other pesticides.


Growers are anticipating the return of chlorpyrifos for the 2024 growing season. It’s absence in the 2022 and 2023 seasons caused hardships and changes on many operations as they had to find new ways to protect their crops from damaging pests: most being ineffective.


Cates said the return of chlorpyrifos is important as this tool is needed by many growers to protect crops and help preserve an affordable food supply.

Final Ruling

House Shuts Down Spartz' Anti-Checkoff Amendment


Rep. Victoria Spartz (R-IN) proposed an anti-checkoff amendment which was shut down in the House by a vote of 49 to 377 in late September. This amendment would have been placed in the H.R. 4368 bill. Spartz’s proposed to stop checkoff funding from being used for research, education, market development and much more.


The American Soybean Association and Kansas Soybean Association worked diligently to inform policy makers about the importance of the checkoff to protect it.


“Policy is important because it gives our elected law maker’s guidance,” Gigstad says. “It is important as a soybean producer to have a voice at the table, if we don’t help in leading the policy process our voice as Kansas soybean producers will be lost.”


Commodity checkoffs exist to promote agricultural products and support American farmers and ranchers, including U.S. soy producers. The soybean checkoff has been in place since the early 1990s and has reached a ROI of $12.34 per dollar invested according to a 2019 study by Cornell University.


USDA oversees the checkoff compliance and conduct yearly audits to ensure funds are being used correctly. Perhaps most importantly, compliance with the law prohibits checkoffs from engaging in policy work or utilizing any assessed funds for government influence. State commodity associations are the forefront of policy work for producers.


Scott Gigstad, KSA President, says his neighbor should care about protecting the checkoff because a group of nine Kansas soybean farmers serve on the Commission to manage the checkoff money.


Every five years, producers contributing to the checkoff have a chance to request a referendum. If 10 percent of contributing producers complete the form at their local FSA office, the existence of the checkoff would be brought to a vote. Historically, there is immense support of the checkoff. To prompt a referendum, 10 percent of soybean farmers must request for one.


Only 708 farmers nationwide requested a referendum in 2019. There are more than half a million soy farmers in the U.S., showing there is immense support of the soybean checkoff and what it does. 

House Chooses New Speaker


In the later half of October, Rep. Mike Johnson, R-La., was elected Speaker of the House. Johnson comes into this role after Rep. Kevin McCarthy, R-Calif., was removed from the seat in early October.


According to Politico, one of Johnson’s top priorities is to pass the 2023 Farm Bill, with an ambition it will be passed this December. For this to happen Congress must pass the remaining appropriation bills first.


Having a Speaker of the House voice his agriculture-related priorities is something to rejoice, however, ASA expects there will be an extension of the 2018 Farm Bill temporarily to prevent unnecessary farm law provisions. 

Thank you to all of our corporate partners who support KSA's efforts.

Kansas Soybean Association Board of Directors

District 1 Brett Neibling, 1st Vice President

District 2 Brice Bunck, Treasurer

District 3 John Pracht

District 4 Matthew Atkinson

District 5 Michael Musselman, Secretary

District 6 James Moreland

District 7 & Chairwoman Teresa Brandenburg

Atchison Co. Scott Gigstad, President

Brown Co. Greg Strube

Cherokee Co. Roger Draeger

Doniphan Co. Josh Falk

KSRE Sarah Lancaster, Ph.D.

KSU Agronomy Raj Khosla, Ph.D.

Processors Jessie Smith

Commission Bob Haselwood

At-Large Jared Nash

At-Large Brandon Geiger

ASA Charles Atkinson

ASA & At-Large Andy Winsor

Young Leader Daniel Anderes

Young Leader Kendall Heiniger

Young Leader Adam Phelon