Here’s a personal story about the effects of burdensome regulation that has no beneficial effect, reduces your choices and puts small businesses out of business. 45 years ago Congress acknowledged that an un-level playing field was created by the massive amounts of paperwork and inspection requirements levied on small poultry producers. Obviously, dealing with the exact same requirements, inspections, paperwork, record keeping, etc. makes up a disproportionate amount of a small business’s time and monetary resources compared to much larger industrial-scale entities. Also, Congress recognized the inherent safety factors involved in producing at a much lower and slower rate. Therefore, Congress passed an exemption allowing producers to slaughter up to 20,000 chickens per year (a *tiny* fraction of the amount produced by just one commercial poultry house.) Sales of this product was allowed to consumers, restaurants, hotels, boarding houses and even retail outlets under this exemption.
In 2012, Indiana passed a law (with influence by the Indiana Poultry Growers association and Indiana Farm Bureau — lobbies for giant agribusiness who were concerned about new competition in the natural foods sector.) The law dropped the exemption to 1000 birds and required freezing. We had just produced 2000 birds that year with plans for 4,000 the following year and eventually 10,000 just to make the enterprise financially viable. Already struggling with the need to grow the business much more rapidly than planned, this was like another nail in the coffin. We decided we couldn’t go forward with our farm shares the following year.
We regrouped and in 2014 had the opportunity to participate in getting a bill passed that returned the exemption in Indiana to 20,000 and removed the freezing requirement for on-farm sales (still must be frozen elsewhere, which is obviously not what consumers prefer and is not a level playing field.) Two years later, after continuing to save our funds, continuing to invest in farm infrastructure and restructuring our business model, the Indiana general assembly is once more trying to put small, local farmers out of business. While it most likely will affect us in the future, the immediate target of this legislation is just one farm, the J.L. Hawkins Family Farm in Wabash County.
Apparently, the farm made the mistake of going above and beyond the actual requirements of the state and federal law by obtaining a grant of exemption from BOAH (this is required only for custom slaughter plants as defined by federal and Indiana regs — not for farms operating under the federal poultry exemption.) Then, the farmer made the mistake, along with one of his restaurant clients, of actually testifying before an Indiana Senate agriculture committee in order to THANK them for the wonderful strides Indiana has been making in promoting local agriculture! Their reward? This time, Indiana Farm Bureau, Purdue University, Indiana Poultry Growers Assoc., Indiana Pork and Cattle Producers Assoc (!) and the Indiana State Department of Health in cooperation with Sen. Jean Liesing (R), began a witch hunt in the form of a legislative flury (labeled as “an emergency”) to foist added restrictions on the farm that will cost them dearly (and prevent many others –like ourselves — from ever competing at all.)
HB 1267 requires that farms that sell to restaurants meet all the inspection, paperwork and record-keeping currently demanded of a full-scale custom slaughter facility as defined under federal law. This bill would effectively negate a significant portion of the Federal Poultry Product Inspection Act exemption and contradict (without changing) Indiana’s existing law that requires the Board of Animal Health to grant the same exemption as the Federal government. The Indiana Attorney General has already ruled in favor of the Hawkins farm, pointing out that current Indiana law gives the ISDH no jurisdiction in restricting them. In fact, the law we helped to pass in 2014 *requires* ISDH to exempt farms, farm stands, farmers markets and delivery from the definition of a “food establishment.” I believe the ISDH is in violation of this law in that they have not issued these exemptions!
When is enough, enough?! Remember, we are not asking for anything new. Instead, we are seeing a steady assault on the few freedoms that had already been granted. All we’re asking is that Indiana doesn’t restrict something that has been unrestricted for 45 years and that has a far better record of public safety!
A vote in the Indiana house could occur as early as Monday February 1. Please call your Indiana rep and senator and leave a message asking your rep and senator to vote NO on Indiana’s HB1267!
House: (800) 382 9842
Senate:(800) 382-9467
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