In recent years, chickens have come home to roost in backyards across the country. While the numbers are hard to document, cities and towns all over the U.S. are taking up the issue and modifying their laws to allow backyard chickens. Nearly every week in the news, a story appears reporting another town or city considering amendments to local laws that would allow backyard chickens. Proponents in North Huntingdon, Pennsylvania, and Nixa, Missouri have been working to amend the law; while just last week, local government in Hampton, Virginia and Howard County, Maryland, approved ordinance amendments to allow backyard chickens.

Seeing this trend as an extension of the local, urban food movement, people are realizing that chickens make great, productive pets. There’s evidence that eggs from backyard chickens have greater nutritional value than commercial eggs, and chickens eat pretty much anything – ticks, grasshoppers, kitchen scraps, weeds, you name it. They even have the added bonuses of being adorable and kids loving them. How could you not love that beak?

Photo Credit: stevenljohnson @ flickr

However, in 2012 an outbreak of salmonella that was traced back to several backyard flocks made at least one NPR blogger wary of the recent trend – dubbing backyard chickens “spreaders of salmonella.” A CDC report found that most of the people infected in this outbreak handled live chickens and that many of them had purchased chicks from one Ohio mail-order hatchery. A single hatchery, in this case, was responsible for the outbreak that affected 195 people in 27 states.

The story, unfortunately, focused on the chickens themselves when instead it should have focused on the bigger picture: when outbreaks can be pinpointed to a single source, it demonstrates the vulnerabilities of a large, global food economy. When there’s a problem, like an outbreak, it tends to spread faster, and farther in our interdependent, global economy. For example, in 2010, a salmonella outbreak that sickened hundreds across the country was traced back to one Iowa egg company and the company had to recall 380 million of its eggs.

And this blogger is not a lone voice in decrying backyard chickens. Alongside the stories of municipalities voting to change laws to allow backyard chickens, you will find stories of municipalities voting to ban backyard chickens, often in the name of public safety. It makes me wonder, how have we come so far as a society to be more skeptical of the food produced right before our eyes than food produced primarily behind closed doors and transported more than a thousand miles before reaching our plates?

Industrial food-animal production is largely responsible for the growing threat of antimicrobial resistance, while the lack of appropriate handling of waste at many of these facilities contaminates nearby air and waters with harmful nutrients and toxins. In addition, the focus on profits means animals are raised in as little space as possible and not surprisingly, these cramped, dirty conditions are fertile breeding grounds for diseases. On the other hand, a decentralized, local, scaled-down food economy offers numerous benefits. Local food significantly reduces these types of risks, makes us more resilient, and the food produced tends to be healthier too.

So do backyard chickens pose a public health risk? The facts just don’t bear this out. Consider this: salmonella causes about 1.2 million cases of food poisoning each year in the U.S. The outbreak that was traced back to the mail-order hatchery constitutes 0.01% of the total number of cases.

Photo Credit: edenpictures @ flickr

In addition, research suggests backyard chickens present no more of a health risk than other animals that may be kept as pets. If chickens are well-cared for and are kept in a clean environment, as with all pets, they are more likely to stay healthy. Very few poultry diseases are transmissible to man and salmonella is not an airborne disease (read: salmonella will not simply float from the chickens in your neighbor’s yard into your home). If you do decide to handle a chicken, simply wash your hands afterwards.

For the better part of mankind’s history, food was produced and consumed locally. Prior to World War II, nearly one-third of Americans lived on farms and even if you didn’t live on a farm, you probably bought your meat, milk, and eggs directly from your local farmer. During this time salmonella and avian flu certainly did not run rampant. These diseases that now make the news cycle on a near daily basis – and emerging concerns about antibiotic resistance and indiscriminate pesticide use – are products of our large, industrialized food system. Backyard chickens are a part of a solution that will strengthen our local food economy and at the same time, create foods that are both better for us and the environment.

Photo © Jericho Hills Photography – John Vose

Small farms are part of the fabric of New England, and now – perhaps more than ever – consumers are devoted to supporting local agriculture in our region.  Unfortunately, some proposed federal regulations do not reflect these local values.  The Food and Drug Administration’s (FDA) proposed new food safety rules  impose confusing and cumbersome restrictions on farm operations in the name of food safety.  We are all in agreement that food safety is extremely important.  But the new FDA rules were designed with large-scale agriculture in mind, and are not compatible with the scale of agricultural production operations in New England. These rules are critically important – they will impact how food in New England and around the country is grown, handled, and processed. Whether you are a farmer, a food buyer or processor, or someone working toward a thriving and resilient New England farm and food system, you have a stake in how new food safety laws are implemented.

CLF will be co-hosting a free webinar on the new FDA food safety regulations on August 13^th from 12-1:30 PM.  We’ll be discussing two rules that were recently issued to implement the Food Safety Modernization Act (FSMA): the “produce” rule, which addresses farm practices, and the “preventive controls” rule, which governs facilities that manufacture, process, pack or hold food. This webinar will teach you how these food safety rules may affect your farm, your business, your food purchasing decisions or the region’s farm economy and environment—and how you can take action to be sure your voice is heard.   You can register for the free webinar.  If you’re interested but unable to participate in the webinar, please register and we will send you a link to the webinar after it happens so you can watch it at your convenience.  After the webinar, we encourage you to attend the FDA listening sessions in Augusta, ME (August 19) and Hanover, NH (August 20) to provide comments, and to submit written comments to the FDA before the November 13 deadline.

Webinar speakers include:  Dr. Joanne Burke, Food & Society Faculty Fellow, University of New Hampshire; Dr. Richard Bonanno, Extension Educator, UMass Extension and President, Massachusetts Farm Bureau Federation; Dr. Lori Pivarnik, Coordinator, Food Safety Outreach/Research Nutrition and Food Sciences Department University of Rhode Island; and  Roger Noonan, President, New England Farmers Union.

Webinar sponsors are: New England Food System Policy Project (a project of American Farmland Trust, Conservation Law Foundation, and Northeast Sustainable Agriculture Working Group); Food Solutions New England; Massachusetts Farm Bureau Federation; New England Farmers Union; Rhode Island Division of Agriculture; UMass Extension; and University of Rhode Island.

Vermont is known for its thriving bucolic landscapes, but even in downtown Burlington many people have dirt beneath their fingernails. The Conservation Law Foundation has long supported agriculture in Vermont by helping farmers understand the legal landscape and find funding to grow their operations. More recently, CLF has been playing a significant role in urban agriculture advocacy and policy development in Boston, MA, fostering a resilient regional food system by addressing barriers to urban farming. Now, CLF is supporting the Burlington Food Council’s efforts to shape that city’s agriculture policy landscape through ordinances that will promote environmentally responsible urban agriculture and humane livestock husbandry.

Urban food production is burgeoning in Burlington, as residents aim to localize their diets and connect with the sources of their food. In recognition of this growing trend, the City Council created the Burlington Food Council’s Urban Agriculture Task Force in March 2011. After an 18-month stakeholder engagement process, the Task Force published a report last fall addressing opportunities and issues that arise as Queen City residents become increasingly passionate about growing food in their backyards. In late 2012, the City Council passed an Urban Agriculture Resolution, identifying priorities from the Task Force Report and directing relevant City departments to facilitate implementation of action steps.

CLF is proud to collaborate with the Burlington Food Council, which is “an open community group dedicated to creating and nurturing a healthy, equitable and sustainable food system for all members of the Burlington community.” You can learn more about the Burlington Food Council, read the Task Force Report, and find out how you can support the Food Council’s important work by visiting its web site.

As the City’s professional staff and volunteer boards start digging into the Task Force Report’s priorities, CLF is collaborating with the Burlington Food Council to support the City’s efforts by ensuring a clear and comprehensive framework for urban agriculture outreach, policy, and education. Drawing on its experience supporting the City’s effort to adopt a stormwater pollution control ordinance, CLF is providing the Burlington Food Council with strategic input and technical assistance as it participates in the city processes that will make the Task Force Report recommendations on-the-ground realities. For example, CLF and the Burlington Food Council are serving on the Board of Health’s working group that will devise draft ordinance language for humane, environmentally responsible animal husbandry and small-scale slaughter. This open stakeholder process aims to produce a draft ordinance that balances the concerns and aspirations of all city residents and that can win approval from the City Council and the Mayor.

The time is ripe for urban agriculture. By sowing the seeds of a sensible urban agriculture policy today, we are making our food system stronger, safer, more flexible, and more localized for tomorrow.

Since I last checked in, the comment period for Article 89 in Boston began and is now well underway. Article 89 is a proposed new section of the Boston zoning code that encourages and creates opportunities for commercial urban agriculture citywide. This is an important first step to expanding urban agriculture, and CLF is excited about the possibilities for our local food system. There are some aspects of Article 89, however, that we would like to see changed before implementation of the final version.  We’ll be at the neighborhood meeting in Jamaica Plain tonight to express these views, and hope to see you there!

If you are interested in urban agriculture in Boston, this is your moment to get involved. The Boston Redevelopment Authority (BRA) is holding a series of public meetings throughout Boston’s neighborhoods to allow for residents and interested parties to express their opinions. The first public meeting, which was for the downtown neighborhood, was held two weeks ago at Suffolk Law School, and drew a great response from the community – urban farmers, residents, and other interested parties voiced a number of thoughtful questions, comments, and concerns.

While CLF is overall very supportive of Article 89, there are several areas we would like to see revised before the proposed language becomes final. In particular:

• Farm stands: The proposed guidelines on farm stands are too restrictive and prevent easy access to fresh, local fruits and vegetables in the city. The recommended rule prohibits farms in some sections of the city from dedicating space on their property to sell produce without going through a burdensome permitting process. This prevents neighbors from reaping the benefits of healthy food grown in their neighborhood.

• Composting: The BRA suggests limiting the area used for composting on urban farms to 5% of the farm’s area. This percentage is unrealistically small and restrictive.

• Comprehensive Farm Review (CFR) Process: The CFR process, which is a new permitting process designed just for larger urban farms, will be challenging for farmers and is difficult to understand. The draft states that the purpose of the CFR is to ensure that Urban Farms are designed in a way that takes into account the needs and concerns of the surrounding neighborhood – which we support. However, the BRA does not provide any guidance to farmers about how proposals will be evaluated. The BRA should consider modifying the CFR process to be less burdensome to farmers, and should issue agency guidance to clarify how the CFR process will work.

• Community Input: Some communities have expressed concerns about bringing farming to their neighborhoods. The community meetings this summer are a useful tool for gathering feedback, and the BRA should be sure to respond to concerns from affected communities. However, this comment period should not be a one-off – the BRA should ensure that community input is heard and addressed on an on-going basis.

We appreciate the opportunity to acknowledge our concerns regarding draft Article 89 and hope that affected communities continue to engage in thoughtful discussion at neighborhood meetings. A list of neighborhood meetings dates and locations can be found here. We hope to see you there!

Urban agriculture is taking off in Boston, from neighborhood gardens and markets to City Hall. Since January 2012, staff from Boston Mayor Menino’s office, along with a number of farming advocates, urban agriculture experts, and neighborhood representatives have met monthly to draft a new section of the Boston Zoning Code, Article 89.  Article 89 addresses the growing interest in urban agriculture – and specifically commercial urban agriculture – by expanding opportunities and reducing local regulatory barriers in Boston.

A comprehensive draft of the proposed rezoning has been completed, and Article 89 is now available for review.  The Boston Redevelopment Authority (BRA) has arranged a series of neighborhood meetings in the city to discuss the draft Article.  A list of neighborhood meeting times and dates can be found here.  The first meeting is tonight at Suffolk Law School  (120 Tremont Street, Boston) from 6-8 PM.  Please join CLF in coming to this meeting, or another meeting in your neighborhood, to show your support for urban agriculture in Boston!

Urban agriculture increases access to affordable, healthy food, builds community connections, and fortifies our ties to the local environment.  At CLF, we are excited about the opportunity to help improve urban agriculture in the city of Boston, and thus support moving Article 89 forward.  We do have some concerns with specific provisions in the Article and appreciate the opportunity to acknowledge these concerns at neighborhood meetings.  We will post more regarding Article 89 here, including more detail on our concerns, as the summer community process moves forward – we encourage you to check back here for more information in the coming months.

Photo courtesy of Curt MacNeill, Boulder Health Revolution

Each year contaminated food sickens 48 million Americans and causes 3,000 deaths.  As the recent federal sequester highlights, Americans depend on programs that inspect food to ensure a safe food supply.  Unfortunately for those who run small farms in New England, the costs of complying with the confusing jumble of federal and state food safety laws can be daunting.

In Maine, nine towns — Brooksville, Sedgwick, Penobscot, Blue Hill, Trenton, Hope, Plymouth, Livermore and Appleton —have passed ordinances allowing food producers and processors to sell their goods directly to consumers without state or federal oversight, exempting them from licensing and inspection laws. These ordinances have created controversy and have landed at least one Maine farmer in court.

The legal issue arises from the Commerce Clause of the United States Constitution (Article I, Section 8, Clause 3). The clause states that Congress shall have power to regulate commerce among the several States. Congress has long used this authority to regulate the safety of food products placed into inter-state sales. The states can separately regulate food safety of products produced and sold solely within state borders. Maine’s Constitution similarly provides that state laws take precedence over local ordinances that frustrate the purpose of a state law.

Photo courtesy of Foods U chose 2 Eat, UK Website

Recently the State of Maine sued a farmer from Blue Hill Maine. The farmer had been selling unlabeled, unlicensed raw milk at his farm stand under a town ordinance, the Local Food and Community Self Governance Ordinance. Under state law, however, the farmer could not sell his milk without a license and without labeling the raw milk as unpasteurized; he also could not operate a food establishment without a license. The farmer maintained that his sales were legal under the Blue Hill ordinance, which exempts local food vendors from state licensure and inspection, provided they sell their products directly to consumers.

The court recently ruled against the farmer, finding that he was not protected under the Blue Hill ordinance.  The court reasoned that state dairy law pre-empted the local ordinance because the state laws in question were clearly designed to protect consumers from illness caused by improperly handled or unpasteurized milk.  The court wrote that: “It is axiomatic that a municipality may only add to the requirements of the statute, it may not take away from those requirements unless permitted to do so otherwise.”

The court’s ruling makes sense in terms of following constitutional law principles and the existing food safety legal regime. The bigger policy issue not addressed by the legal decision is whether the current food safety regulatory structure is one that prices small scale farmers focused on local markets out of  business. We think this is an important issue to address and are actively working on it as part of CLF’s Farm and Food Initiative.

We’d like to hear from you.

CLF Ventures is working with Wholesome Wave Foundation to offer a complimentary webinar about the Food Safety Modernization Act and implications for food hub operators. The food hub work with Wholesome Wave continues CLF Ventures’ efforts to build capacity and develop resources for sustainable food organizations in New England.

Proposed FDA Food Safety Modernization Act Requirements
for Emerging Food Hub Operators:

Q&A with FDA Representatives
& Perspectives from Local Food Leaders

April 17, 2013
11:00 A.M -12:30 P.M. EDT

 
Comments are due on May 16, 2013 for two proposed rules issued in January under the Food Safety Modernization Act: “Current Good Manufacturing Practices and Hazard Analysis and Risk-Based Preventative Controls for Human Food” and “Standard for the Growing, Harvesting, Packing and Holding of Produce for Human Consumption.” This webinar aims to help food hubs and related enterprises to understand the implications of the proposed rules in time for them to submit comments to FDA by the May comment period deadline.

The webinar will target small and early stage businesses/operators that aggregate, distribute and process farm food products. Speakers will include representatives from FDA to provide detail on the proposed rules as well as representatives from non-profit organizations who will speak about the impacts of proposed FSMA rules on growing local food hubs. The webinar will include an interactive Q&A with speakers as well as help in finding additional resources about the proposed rules and the comment submittal process.

To register for this complimentary webinar, go to https://www3.gotomeeting.com/register/640965334.

For more information about registration, contact gabrielle@wholesomewave.org.

For more information on CLF Ventures’ sustainable agriculture work, visit CLF’s Food and Farm page.

Two weeks ago, I wrote about bringing backyard chickens back to Rhode Island and paid special attention to the ongoing effort to repeal Woonsocket’s chicken ban. A few days later, the Washington Post ran a feature-length article on low-income Woonsocket residents’ struggles to feed their families.

My last post focused on the ways that historical justifications for chicken bans have become outdated, and also noted some health and environmental benefits of backyard chickens. The Post article casts the Woonsocket chicken issue in a new light: Woonsocket suffers from food insecurity, and backyard chickens can help.

The Post article is worth your time to read (here’s another link to it), but here are a few important takeaways: Every month, the federal Supplemental Nutrition Assistance Program (SNAP) injects $2 million in benefits (formerly called food stamps) into the Woonsocket economy. With a local unemployment rate of 12% and only low-paying jobs available to many employed residents, a full one-third of Woonsocket residents receive SNAP benefits. In fact, some local grocery stores make up to 25% of their monthly profits on the first of the month, the day when SNAP benefits are transferred to recipients. Together, these numbers – and the article’s well-drawn profiles of several Woonsocket residents – present a picture of food insecurity.

Backyard chickens are not a panacea by any means, but they can help to alleviate food insecurity and promote economic self-reliance. They can turn food scraps, beetles, and grubs into fresh eggs. And their droppings (if dealt with appropriately) are great for growing vegetables too. They add resilience to a broken food system. You can read more about chickens and chicken care by poking around Southside Community Land Trust’s website.

Once you’re satisfied that backyard chickens make sense, you should come out to Woonsocket City Hall on Monday, April 1 at 7 p.m. to show your support for repealing Woonsocket’s chicken ban!

Local food is all the rage, but how do you affordably and conveniently get that food from the local farm to the local table? It’s a question a lot of people are asking — and one we at CLF Ventures (CLFV) are working to answer.

CLFV explored some emerging models that seek to connect small local farms to customers and allow these agricultural businesses to flourish. After all, farmers need to earn a living wage in order to keep growing the food we love to eat. We sent a survey to restaurants to better understand the experience of sourcing food directly from small, local farms and learned a lot about the opportunities and barriers for small farm businesses.

Some small farms have created Restaurant Supported Agriculture (RSA) models that mimic existing Community Supported Agriculture (CSA). Generally, restaurants receive one box of food per week that contains substantially more food than a standard CSA share. However, the RSA model is not necessarily an ideal solution for small growers that want to sell food to restaurants. The typical restaurant purchasing model doesn’t match well with the typical small farm sales model. Additional insight from CLFV’s survey of local restaurants is shown in the infographic below.

Restaurants can be a great market for small farms because they are local and create steady demand. Innovative farmers and restaurateurs continue to seek ways to collaborate to their mutual benefit. However, the complexities of restaurant purchasing and the differences in menu selection and food preparation between restaurants complicate these contractual relationships.

Without innovative solutions it is likely that farm-to-restaurant partnerships will remain one-off endeavors rather than a stable market for small, local farms. That would inhibit growth in an area that we sincerely hope — for the sake of our environment, and our communities — will grow.