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Producers continue to fight withdraw of GIPSA rules

Farmers from Kansas, Nebraska and Alabama outline grievances in new court brief.

Democracy Forward filed a new brief in its ongoing suit against USDA for withdrawing the Farmer Fair Practices Rules, also known as the GIPSA Rules. In the filing, farmers from Alabama, Nebraska, and Kansas detailed the ways in which market concentration has enabled large agricultural companies to retaliate against them for standing up for their rights, how the rules would have helped them seek legal redress, and why the Trump Administration’s withdrawal of the rules hurts them.

Related: GIPSA rule changes thrown out by Trump administration

Related: Farmers sue Trump administration over GIPSA dismissal

The rules would have strengthened protections for farmers under the landmark Packers and Stockyards Act of 1921. For example:

  • The rules would have made it easier for Alabama farmers like Jonathan and Connie Buttram to challenge the large poultry companies that have retaliated against the Buttrams’ advocacy on behalf of growers by cancelling contracts with their farms;
  • The rules would have helped Nebraska cattle producer Jim Dinklage and Kansas cattle producer Mike Callicrate seek justice in court when meatpackers blackballed them for protesting their unfair treatment; and
  • The rules would have begun to redress the disparities in bargaining power between small farmers and big agribusiness–disparities that make the work of Organization for Competitive Markets so urgent.

Related: GIPSA rule implementation delalyed, comment period extended

In October 2017, the Trump administration withdrew the Farmer Fair Practices Rules.  In doing so, the Trump Administration defied Congress’s mandate in the 2008 Farm Bill to publish regulations clarifying what conduct violates the Packers and Stockyards Act.  In addition, the administration violated cardinal principles of administrative law by failing to explain why it has decided that it’s no longer good policy to help farmers seek recourse when they are subjected to retaliatory and discriminatory treatment.

Related: NCBA calls on USDA to withdraw GIPSA rule

“It is very unfortunate that our tax dollars are being spent in court to defend Secretary Perdue’s illegal withdrawal of these marketplace safeguards.  We and more than 80 other farm organizations have called on President Trump to do the right thing and reinstate the Farmer Fair Practices Rules by executive order, and he should listen to rural America,” declared Joe Maxwell, executive director of Organization for Competitive Markets.

Related: GIPSA rule delayed again

“The Trump Administration is breaking its promise to help small farmers, siding with large corporations instead,” said Democracy Forward Executive Director Anne Harkavy.  “The Administration’s decision to roll back the Farmer Fair Practices Rules isn’t just a broken promise–it’s also unlawful.”

Related: Farmers try to remain optimistic that GIPSA rules will take effect

The Organization for Competitive Markets, Jonathan and Connie Buttram, and Jim Dinklage are being represented pro bono by Democracy Forward Foundation.  The case is before the United States Court of Appeals for the Eighth Circuit.

Related: Small farmers disappointed with Trump’s GIPSA decision 

Source: Organization for Competitive Markets

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