The Food Safety Modernization Act (S510): Sifting through the Madness

Anyone up for some informed dialogue about this bill?

Several months ago, my email inbox starting blowing up with emails about Senate bill 510, the Food Safety Modernization Act.  Maybe yours did, too.  Via a listserv I subscribe to, I got a lot of emails telling me to call my senators to oppose the bill, that it would be a death knell for small farms, and I got a few emails asserting that concerns about the bill were not preposterous, and I got a surprising number of emails just begging for someone to please explain this mess.  Of course there were also those Fwd:Fwd:fwd emails telling me the bill would make seed saving and community gardening illegal.

For example, I give you this gem "the most dangerous bill in the history of the United States of America, it would grant ... Big brother the power to regulate the tomato plants in your backyard. It would grant them the power to arrest and imprison people selling cucumbers at farmer's markets."  Really?  It had that familiar feel of fear mongering.  No specific section of the bill was referenced.   My background was in the natural sciences, I am a stickler for references.

I searched online for sources I trust with an informed discussion or opinion on the bill.  I found nothing but news stories with the familiar "supporters say" and "but critics claim".   I remained skeptical and stayed out of the email slinging fray.  No sense throwing another uninformed decision into the pot.

And then, like a light in the dark, I read an opinion piece in the New York Times written by Michael Pollan and Eric Schlosser, who had this to say; 

The best opportunity in a generation to improve the safety of the American food supply will come as early as Monday night, when the Senate is scheduled to vote on the FDA Food Safety Modernization bill.  This legislation is by no means perfect. But it promises to achieve several important food safety objectives, greatly benefiting consumers without harming small farmers or local food producers.

Hallelujah, someone I trust!  For me, this raises all kinds of issues that I have with Thinking For Oneself vs. Deferring To The Experts.  On November 30th, S.510 passed with the Tester Amendment.  And yesterday I decided that I should finally read the bill myself.  Nothing like primary sources of information!  I will expose myself with the embarrassing caveat that this is only the second piece of (modern) federal legislation that I have read.  It was a doozy, you can read it yourself if you want.

Here is what I understand (or think I understand) about S.510.  The main thrust is protecting consumers by increasing the capacity and authority of the FDA to do the following:

• trace outbreaks back to their source
• require more frequent inspections for higher risk operations
• test for food pathogens
• mandate a recall (surprisingly, the FDA does not currently have this authority)
• hold imported food to the same standards

Despite the fact that the bill does include language designed to ensure that regulations and requirements are scale appropriate for small farmers and processors, there was significant and legitimate concern that this bill could have an adverse effect on small and local food producers.  Enter the Tester Amendment.   This amendment exempts "very small businesses" and farmers that sell less than $500,000 worth of food each year AND sell over half of that direct to consumer (not through a third party broker) AND sell the majority within the state or within 275 miles of the farm.

The PR machines of agricultural trade groups are strong.  The brief story I heard about the bill on NPR had a decidedly negative spin and referred to the Tester Amendment as a loophole.   Some of this groups have used the Tester Amendment as an excuse to pull support for a bill they never liked, but would make them look really bad for opposing.  A little reason, anyone?  The kinds of farms exempted make up 1% of the marketplace.  Have you ever heard about a food-borne illness originating at a farmers markets or CSA?  Massive and broad reaching food safety issues have arisen as a result of the increasing consolidation of our food system, not from farmer Joe's produce stand.

What's up next?  We're not sure.  According to Food Safety News, "the Senate version is in serious jeopardy because it contains a provision raising fees that is technically unconstitutional.  Article 1, Section 7 of the law of the land says that revenue-raising provisions must originate in the House.  It remains unclear whether the House will pass a version amendable to the Senate in the next week or two, or whether Congress will have to start over in the 112th session in 2011."

10/17/10 Meeting Notes

Food Policy Council Working Group Meeting

Wednesday, Nov 17th, 2010, 3:00-4:30pm

NEXT MEETING, Special FPC Formation Strategy Meeting, Wednesday December 8th 2:00pm-4:30pm

In attendance:  Brad Watkins, Josephine Williams, Melissa Petersen, Robin Rodriguez, Zorina Bowen, Christian Man, Rosalie Bouck, Karen Thornton

Guests: Ken Reardon, Mary Phillips, Allison Eddins

Progress Report:  reviewed grant report submitted to the Community Foundation at the beginning of the month.  There was concern within the group that we are letting Food Policy Council establishment work slide with so much energy going to these specific policy initiatives.  It was recommended that we have an extended meeting in December to focus solely on next steps in FPC development.

Project Updates:

Food Ordinance Handbook - WG members Josephine, Melissa and Otho met with Emily Broad of Harvard Law.   One of the students will be here in the month of January to meet with stakeholders.  She will be dividing her time between Memphis and Mississippi.  It is looking like the recommendation will be scrapping the FOC altogether, and passing a couple new regulations to fill any gaps in state policy that are relevant locally.  Emily expects to have an initial document for us in January.

UDC - No update, waiting on Planning and Development to show us proposed changes

Sampling and Demos at Farmers Markets - Following a conversation with Otho Sawyer, Melissa has drafted chef demo guidelines for farmers markets, providing for chefs to prepare foods to be sampled in advance, and the food actually used in the demonstration not be consumed.   This would be a huge step forward in allowing demonstrations with any frequency, as opposed to being limited to three per year.    Environmental Sanitation must approve this guidelines before they can be put into practice.

Food system stakeholder survey -  Josephine has one volunteer conducting survey, and another entering data and drafting addition surveys.  Still having trouble connecting with farmers who are not direct marketing in Memphis.  Suggestions were to go to places or events that target farmers.

Next Steps

Food Systems Course, University of Memphis, City and Regional Planning:  Dr. Ken Reardon shared with us information about a spring course offering in food systems that would require students to participate in 5 hours of relevant field based research each week.  Students would be available to assist us with research including stakeholder surveys, focus groups, etc.  In addition, we may be able to take advantage of HCD funded assistantships in January, paid students for 20 hours per week.  Finally, the national meeting of the Planners Network will be taking place in Memphis, May 18-21st 2011.  There will be an urban food systems track.   

Local Food and Farm Roundtable in February - Mary Phillips of the Urban Farms is planning an event in February for local farmers and possibly chefs, markets, community gardeners and food advocates.  It will be an open format conference model where the participants set the agenda.  There is a meeting Monday, Nov 22 at 2pm at the Binghampton Development Corp to determine the scope of the event and begin planning.

Growing the Group - moved to December meeting

Answering critical questions - moved to December meeting

Defining Food Deserts - moved to December meeting

Wholesome Wave - national food access funder Wholesome Wave has invited MSPJC to submit a Letter of Interest to partner with them in 2011.  This could potentially supporting getting SNAP capacity at farmers markets and add value to SNAP and SFMNP voucher purchases.  There will be an interest meeting Monday Nov 22 at 4pm at MSPJC.  Local foundations, SoMe Market, Urban Farm Market, Cooper Young Market and Memphis Farmers Market, and the Health Department have been invited.  Melissa recommended contacting the Millington and Agricenter markets as well.

2011 Meeting Calendar

Meeting will be on the 2nd Wednesday of the month, alternating daytime and evening meetings.  The 2011 meeting calendar is as follows:

Wednesday,  January 12th, 10:30 am -12 pm

Wednesday, February 9th, 5:30pm - 7:00pm

Wednesday, March 9th, 10:30 am -12 pm

Wednesday, April 3th, 5:30pm - 7:00pm 

Wednesday, May 11th, 10:30 am -12 pm

Wednesday, June 8th, 5:30pm - 7:00pm

Wednesday, July 13th, 10:30 am -12 pm

Wednesday, August 10th, 5:30pm - 7:00pm

Wednesday, September 14, 10:30 am -12 pm

Wednesday, October 12th, 5:30pm - 7:00pm

Wednesday, November 9th, 10:30 am -12 pm

Wednesday, December 14th, 5:30pm - 7:00pm

Group Name - postponed due to lack of quorum

NEXT MEETING, Special FPC Formation Strategy Meeting, Wednesday December 8th 2:00pm-4:30pm

Working Group Meeting, November 17, 2010

Working Group meetings are open to the public.  If you would like to attend, please call Josephine at 901-725-4990 or email josephine@midsouthpeace.org so we can expect you.

AGENDA
Food Policy Council Working Group
Wednesday, November 17, 2010
3:00-4:30pm
Mid-South Peace and Justice Center, 1000 S Cooper St.

1.  Welcome and introductions (5 min)

2.  Progress Report: how are we doing in meeting our goals?  Review timeline and 11/1/10 grant report (15 min)

3.  Project Updates (15 min)

• Food Ordinance Handbook
• Sampling and Demos at Farmers Markets
• Food system stakeholder surveys

4.  DECISION:  Group name (15 min)

5.  Next steps (20 min)

• Growing the group
• answering critical questions
• defining food deserts

6.  2011 meeting calendar (10 min)

7.  Announcements and Adjourn (5 min)

Food Policy Working Group Notes

Memphis and Shelby County Food Policy Working Group

Meeting Notes, October 21, 2010

In attendance:  Josephine Williams (GrowMemphis), Otho Sawyer (Shelby Co Health Department), Rosalie Bouck (Delta Directions Consortium), Nathan Cook (Christ Community Health Services), Christian Man (Knowledge Quest), Erica Christensen (community member), Robin Rodriguez (Slow Food Memphis), Melissa Petersen (Edible Memphis Magazine), John Paul Shaffer (urban planner)

A.  Discussion of Lessons Learned from the Community Food Security Coalition Conference in New Orleans

Robin Rodriguez gave a synopsis of the Food Policy Council short course and gave Josephine her handouts which have been scanned and emailed to the group list.  Robin discussed

1.     Different strategies for relationship with government:

a.     Statute/Resolution/Ordinance calling for or establishing the council

b.     Executive Order – ties the council to a particular administration

c.      Independent

d.     Hybrid of independent and government affiliated

In the opinion of the presenter, Mark Winne, who leads the FPC program at the CFSC, option a. is best because official ties to policy makers gives the councils necessary clout and often assured funding.

2.     Right-sizing.  Typically 15-20 is the right size with good sector representation

3.     Better public education to build a common vocabulary  and transparency of the council, having open meetings, posting minutes and agendas online

4.     Naming the council.  Some policy makers are put off by having the word “policy” in the same of the council because it implies that the council makes policy, while it’s role is to research, recommend, educate and possibly advocate for policies.   

5.     Representation.  Is this group representative of the people we intend to serve?

Conference attendees Josephine Williams, Melissa Petersen and John Paul Shaffer discussed the following

1. a.     community based vs. commodity based food systems
2. b.     evaluation and assessment; showing you made a difference vs. demonstrating success; telling stories; visual representations
3. c.      media and public relations
4. d.     mapping and data collection; involving youth, civic groups and students; sharing data in a legible form; greenmaps.org

B.  Conference Follow-Up and Next Steps – based on the above these items warrant further discussion:

1.  Name of council and geographic scope.  Discussion followed.  Should the group be Memphis or include Shelby?  Metro Memphis and Greater Memphis were also offered.  Loose consensus that Shelby should be retained for strategic political reasons, and outside Shelby is really beyond our current scope.  How do we work with other groups in TN?  How do we work with other groups in our foodshed (MS and AR)?  Challenges of having a foodshed that overlaps so many state lines. 

The group also reached informal consensus that the word “policy” be dropped from the name.  Proposed names are Memphis Shelby Food Advisory Council, or Food Advisory Council for Memphis and Shelby County.  No official decisions were reached on this item, members will continue to mull it over. 

2.  Defining and Mapping Food Deserts.  Although the term “food desert” is getting used often in relation to specific neighborhoods in Memphis, no one has defined criteria for labeling areas as food deserts nor mapped where those areas are located.  Discussed facilitating a community conversation about Food Deserts to come up with an acceptable definition for stakeholders and then create some maps of where food deserts are located in Memphis.  This can also be an opportunity to grow the group, invite other stakeholders, and conduct outreach.   Ellen Holtzman of the Food Trust also shared some interesting maps of “areas of greatest need” in Memphis during her presentation at the Community Foundation.  Making an action plan for this item will be on the next meeting agenda.

3.  Outreach, Representation, and Relationship to Government.  Some group members expressed that we should grow the group before attempting to answer question of relation to government.   We will work on getting the blog out and getting agendas and notes on the blog. 

NEXT MEETING, Wednesday November 17^th, 3pm to 4:30pm at the Mid-South Peace and Justice Center

Meetings are open to the public, but please let us know in advance if you plan to attend.

For more information contact Josephine Williams, josephine@midsouthpeace.org or 901-725-4990

Commodified or Common Land

With many factors contributing to the United States’ concern that the nation’s economy is “out of control”, many have noticed a trend in which Americans want to revert back to a nostalgic time. Consumer society hit a chaotic peak after the attacks on September 11, 2001 according to Annie Leonard’s short Internet film The Story of Stuff. According to Leonard, Americans were encouraged to keep the economy flourishing by spending. Stuff, as Leonard calls it, was purchased, more troops left home, and due to the lack of support from the French in the United States’ war on Iraq, congress wanted to change the name of French Fries to Freedom Fries. The United States’ mood is expressed through its food much of the time as shown in the previous example. In the current recession which began in 2008 with outrageous foreclosure rates, the States is wanting to readopt the ways of the past and opt for a simpler time (McWilliams). They want to, “look back to an earlier era when there was enough time, even if living standards were less opulent” (Holt viii). The local food movement is a case where this nostalgic desire is expressed through the choice of food. Foods that are “natural” and “fresh” are preferred to be bought from an open air local farmers market rather than a square supermarket. The local food movement is essentially an expression of the desire for stronger communities and decentralized sources for food. This post will examine and explain what “local” means pertaining to food sources, that this movement is the beginning of an environmental change and not a trend, and how to secure the integrity of this change.

Many areas do not have a legal definition of what a local food source or vendor is (this will be explained in further detail later in the post). New adjectives describing foods have been advertised heavily in the food industry within the past five years. Organic and natural are preferred for some Americans, but others still eat fast food which undoubtedly is an American invention. French sociologist Pierre Bourdieu writes in his ethnography Distinction: A Social Critique of the Judgment of Taste, food is a form of social distinction. In the modern French bourgeois society, food can be like fashion. It will distinguish a person’s taste and whether their taste is “good” or “bad”. It can even distinguish a person’s gender. Normally women do not eat heavy red meats such as beef nor drink a rich robust Bourdeaux. Bourdieu defines this as a person’s habitus: which a person’s taste due to external reasons like their wealth, social status and gender. A habitus usually has no rationale behind it and in this case separates people.

Applied to the United State’s most recent and current culture, the Organic movement was and is somewhat more for the higher socioeconomic classes. It is their habitus. The food was grown free of harmful chemicals and pesticides which would endanger an individual’s health. Usually healthier people are wealthier people, because they can afford institutional health care (sick care) and nutritious food which is a form of health care (well care). Marketers even began to advertise that this was better for the workers’ health also that actually picked the produce. So now people can buy their charity also. The price per calorie of the produce is extremely unbalanced in comparison to “fast food” and other high caloric manufactured foods. Not everyone is able to buy this revolutionary healthy food. And in this case, food separates, again. Community Food Assesments (which can be found on the Food Environment Atlas www.ers.usda.gov/foodatlas) have identified areas where there is not an adequate amount of fresh produce (these are also known as food deserts) most likely due the fact people cannot afford the produce. People who cannot afford sick care, cannot even practice their own preventative well care. With the national legislation claiming to secure organic farming methods in U.S. agriculture (2008 Farm Act), many local organizers still see flaws within the Organic produce industry: the price is too high and only available to higher socioeconomic classes and consumer behavior is still too centralized in this industry.

The local food movement was a reaction to the organic movement. Local foods are usually grown by organic farming methods and are supposedly cheaper. But food grown locally can be free and COMMON due to the rise of community gardens. Community gardening is also a tool for reducing areas known as food deserts. This rising trend of community mending via food sources is due to the social disconnect of "shopping malls replacing community centers" (Chomsky 65). Americans are identifying, “the acceleration of daily life, often for purposes of consuming, contributes to a feeling that things are out of control… Many long for a simpler, more authentic, less materialistic past. Balance has become the defining mantra” (Holt viii). New York Times blogger James McWilliams states it is a trend for Americans to idealize a “primitive golden age lifestyle” when the economy is unstable (McWilliams). Although in my opinion McWilliams is cynically examing this trend, maybe the desire for simplicity during tumultuous finincial times suggests something IS not right within our system.

The local food movement, is not a fashion statement or a class statement but an assertive political expression (not passive aggressive like the freedom fries). It is not a fashionable statement conspicuously displaying your financial ability to buy “natural” or “organic” produce. The reason is, because it is mostly either cheaper or free and designed for all socioeconomic classes; it is common. If local food purchasers are conspicuously consuming (consuming to display or distinguish), it is because they are displaying their dissatisfaction with the food industry and other national social problems. This food movement is also not a fashion statement because most people are not aggressively competitively consuming local produce. On the other hand, it is very fashionable now to be socially aware. With the rise of non-governmental organizations and non-profits, it is more politically fashionable to start one’s own charitable organization than a band. So, some individuals are consuming local produce to keep up with the good-hearted Joneses. But at least the Joneses have good hearts now.

Fashion trends, though, are designed to distinguish people from other people. Traditionally, people wear exclusive name brands displaying they have the monetary capability to buy it (another example of conspicuous consumption). Even recycled fashions can be commodified into trendy products. According to the article from the New Yorker, The Coolhunt authored by Malcolm Gladwell in 1997, suburbanites want the image of the inner-city and urban areas. In fashion, companies will hire hunters to go into these areas to find fashion that is not commodified nor mainstream but "original" in order to mass produce it and make it mainstream for the folks that are able to afford it. This concept of outsourcing can be applied to the local food movement, because it is heavily composed of urban inner city agriculture. But in that case these trends will be sold to the higher classes. Urban agriculture also differs from this because typically the urban agriculturalist's vision is to provide nutritious free food for people and create COMMON LAND.

Many in academia and in the not for profit sector are seeing this phenomenon as a not a trend but an environmental change that needs to happen and be secured as part of our nation’s common habitus, not a trend. The United States has been undergoing an obesity epidemic. Many blame it on the lack of self control and a person’s conscious decisions. Others see the injustices and problems as interconnections of our current system. Towns and cities are spending too much money buying produce many miles away while there is potential to grow it in their own back yards, literally. In Memphis, TN, the Memphis and Shelby County Food Policy Council Working Group has been teaming up with urban and regional planners to codify urban agriculture and secure it by this codification within Shelby County. This will reduce conspicuous consumption (which many Americans are beginning to identify as a problem), provide preventative well care and reduce grocery lists. For establishments that need to buy in order to provide for their customers, employees, residents etc… buying locally will stimulate local economies. In Dane County Wisconsin, the Dane County Food Council authored the Local Food Purchase Program Policy to give strong support for institutions buying local produce (www.countyofdane.com/foodcouncil). This will help small scale farmers. Legally defining what is “local” in the context of agriculture is also extremely important and will be further discussed in a later blog.

With the over saturated advertisements and predatory marketing contributing to the United States’ economic recession and health problems, local agriculture and food are binding communities together, not separating like it has in many situations before. Seeing the benefits of many local food sources scattered throughout a community has been contagious through light marketing and educating the public of their alternative options. The nation’s rising interest in charitable buying also has contributed to the strong support of the local food movement and urban agriculture. The question is will this movement be secured as way of life or will it fade away and become uncool like other trends? The answer to this is the land has always been common for people who choose for it to be common.



Works Cited

McWilliams, James. "The Persistence of the Primitive Food Movement." Freakonomics. The New York Times, March 9, 2010. Web. 11 Oct 2010. .

Gladwell, Malcolm. "The Coolhunt." New Yorker. (1997): 119-131. Print.
Noam, Chomsky. Profit over People:Neoliberalism and Global Order. New York, New York: Seven Stories Press, 1999. 65. Print.

Holt and Shor. Introduction: Do Americans Consume Too Much?. viii. Print.

Bourdieu, Pierre. Distinction: A Social Critique of Judgement and Tase. Harvard University Press, 1984. Print.

"Accomplishments." Dane County Food Council. N.p., n.d. Web. 11 Oct 2010. .

raw milk debate: should the government decide what we consume?

Here is a clip from The Colbert Report, where Colbert satirically reports on how local, state and national governments are banning raw milk. What led him to cover this was an incident in Venice, CA where a privately owned co-op was raided by armed governmental officials. All of the raw milk was confiscated.

Representatives of the FDA claim that milk if consumed will cause e. coli, salmonella and a number of other diseases, which can be prevented if the government would just not allow raw milk to be sold. On the other hand, raw milk advocates claim that people should be allowed to consume whatever they choose, which Colbert says "puts the 'dumb' in freedom". Raw milk advocates, like politician Ron Paul, claim that unpasteurized milk has a number of benefits because it is a live, whole food containing probiotics, live cultures, vitamins and other minerals. Probiotics and live cultures are now heavily advertised in yogurts. This leads many to believe that the FDA has struck a deal with the dairy industry which only manufactures pasteurized milk. They also claim that only organic milk from grass fed cows is the kind people should drink. In the film "No Impact Man", one dairy farmer did not agree with giving antibiotics to cows, because he wanted to able to take care of his cows if they are sick.

I am not a microbiologist and have no expertise in dairy, but I do not understand why governments are banning raw milk and not banning foods which have chemical flame retardants, the cancer causing sodium nitrate (commonly found in packaged meats) and the potent nerve toxin aspartame (found in diet sodas).

Ban Sugary Drinks from Food Stamps?

On Thursday, New York City Mayor Michael Bloomberg announced that he had asked the US Department of Agriculture to allow the city to exempt soda from the permitted list of items its 1.7 million food stamp recipients can purchase with their benefits. This ban would last for two years, enough time to assess its effects and determine whether the ban should be continued on a permanent basis. New York City food stamp recipients spend an estimated $75 million to $135 million of their $2.7 billion in food stamps annually on soda.  read more

Should taxpayers be subsidizing the purchase of soda and other sugary drinks, and thus the obesity epidemic?

What are we doing to make nutritious food and drink more affordable?  Is there a way to create an incentive to purchase healthy food, rather than a disincentive to purchase unhealthy food?

Should the government be dictating what types of food low income people have access to?

How to we make the healthy choice the easy choice for all Americans?

To what extent will powerful corporations that have a vested interest in the sales of unhealthful food influence the decision of the USDA?  Is it really about human dignity, or is it about money?

I don't have answers.  Only a lot of tough questions.

Too Many Cabbages: Why Zoning Code must address urban gardening

Why bother changing Memphis and Shelby County zoning code to include neighborhood gardens?  People have already been creating home and community gardens throughout the city without problems from Code Enforcement.  Why does it need to be codified?

These articles in The Economist and Atlanta Magazine are why.  This man from DeKalb County in Georgia is being fined over 5,000 dollars because he grew too much organic broccoli and for having workers that were not permitted on his land.  Specifically, his R-85 zoning allowed for livestock and riding stables, but not "crop production" as his vegetable garden was interpreted to be.  Additional fines accrued even though he ceased gardening and sought a zoning change to R-200, which would allow "crop production".  So, what is Code Enforcement saying here? That is is illegal to grow organic veggies in an urban zone? When did this departure from common sense happen?

Did the planners who wrote this code and the legislative bodies that passed it really intend it to be used to crack down on urban market gardeners, or is this a misinterpretation of the intent of the code?  This example of zoning laws not matching up with the preservation of one's well-being is exactly why the Unified Development Code is extremely important to the city of Memphis and Shelby County. Not only will the UDC make the Memphis and Shelby County friendlier for pedestrians and cyclists, but also for agriculture and urban agriculture, providing REAL food to residents in a city that desperately needs it and protecting urban gardens from the DeKalb County fiasco.

Zoning code can be dense, abstract, and boring - but it is extremely important.  We need to make sure we think through all the "what if's" of urban agriculture so that the code does not have unintended consequences.  We can close our eyes and picture a home garden, and we can picture crop production, but what DeKalb County failed to picture is the differentiation point between the two.   That leaves too much open to interpretation and in that case, some silly consequences.  

The Memphis and Shelby County Food Policy Working Group is working with Planning and Development to "clean up" the urban agriculture sections of the Unified Development Code by thinking through all the possible scenarios for chickens, gardens, and farmers markets.  Remember, however good the intentions of the people writing the code now, they will not be the ones interpreting and enforcing it in the future.

One example is that in the UDC prohibits farmers markets in some zones that allowed for corner stores.   Do we really want our zoning code to give more access to corner stores than outlets that sell fresh fruits and vegetables?  Do planners disagree?  No, it just hadn't been looked at in that way.  The suggestion was made, and that will be one of several changes proposed when the clean-up of the UDC goes through the legislative process. In order for individuals' lives to become healthier, there needs to be a great environmental change within our food system. And one way to do this is through zoning.

From the Memphis Flyer

 Unjust Deserts 

Finding quality fresh food is a daunting task for thousands of Memphians.

by Hannah Sayle

 

In January, a study conducted by the Food Research and Action Center gave Memphis the unenviable distinction of "hunger capital of the United States."

Since then, a swell of interest and concern over urban "food deserts" — places where there are few or no options for fresh foods and produce — has brought issues of food access for underserved communities to the fore.

"This is a real hot-button issue — food deserts and food insecurity," says Josephine Williams of GrowMemphis and the Mid-South Peace and Justice Center. Williams is part of a group which came together in April to coordinate efforts in the realm of food accessibility and the development of a viable urban food system. Williams and the other members expect to turn the working group into a full-fledged Memphis and Shelby County Food Policy Council by 2012. It would be one of a number of such groups that have sprung up to address food-access issues in cities all across the nation.

Williams says that one of the biggest reasons to move toward an organized Food Policy Council is that so much is happening all of a sudden. In addition to the Consortium for Health Education, Economic Empowerment, and Research (CHEER), a group performing health-disparities research at the University of Tennessee Health Science Center, this summer saw the whirlwind development of Urban Farm in Binghamton and a spike in the number of area farmers markets, with four new markets this season alone, including one in South Memphis.

In zip codes like 38126 — the poorest in the city with a median income of $12,000 — small corner stores and convenience stores abound, but a supermarket could be miles away. Stocked with little or no produce and priced out of range for many residents, convenience stores do not provide viable access to fresh foods. From a lack of full-scale grocery stores in their neighborhoods to inefficiencies in existing nutrition-assistance programs, Memphians in low-income areas are struggling with a food system that is failing them.
In an especially ironic twist, SNAP benefits, or food stamps, are allocated according to national food averages, based on prices at supermarkets that do not exist in food deserts. Thus, many citizens who depend on food stamps the most can't buy adequate food with the assistance they receive.

"We went into 38126 and did some food store evaluations," says Brandi Franklin, project manager of CHEER. "What you'll find in abundance on the shelves are snacks and soda. Sundry stores carry some limited supplies of household staples, typically dry goods, but you'd be hard-pressed to find canned fruits."
Curtis Thomas of The Works, Inc., community development corporation in South Memphis also did an informal survey of corner stores in the area and found a gallon of milk could cost as much as six or seven dollars. Shoppers at the South Memphis Farmers Market added security issues at corner stores to the complaints of prohibitive prices and meager selection. "People just hang out there," says Donna Owens, housing program coordinator at The Works, Inc., and a resident of South Memphis. "I don't feel safe."
The new famers market in South Memphis also struggles with red-tape barriers around the Federal Senior Farmers' Market Nutrition Program (SFMNP). Over the past several weeks, anywhere from 50 to 100 senior citizens have walked or taken the bus to the new farmers market on South Parkway. With no other fresh food options in their neighborhoods and sometimes traveling miles in the blistering August heat, the seniors arrive only to be turned away because the SFMNP vouchers are not accepted by any of the market's vendors. Currently, there are only 11 vendors at local farmers markets who are approved to accept the vouchers.

"One woman walked all the way from Glenview with her small wire cart and only the vouchers to shop with," says Kenneth Reardon, a market organizer and director of the graduate program in city and regional planning at the University of Memphis. "We tell them where they can find those who accept the vouchers, but many residents don't have cars. Knowing that there are vendors at the Cooper-Young market doesn't help them much."

The consequences of this dysfunctional food system are unsettling. In the city of Memphis, 34 percent of adults and 16 percent of high school students are obese. Though limited access to food seems at odds with weight gain, studies show that food insecurity can lead to obesity, because the least expensive food available is usually high in calories, energy-dense, and nutrient-poor.

"There's a connection," says Shelley White-Means, director of CHEER. "If we could address the hunger issue, then we could reduce the cost of providing the care that's needed — the treatment for diabetes, hypertension, heart disease, kidney failure — they're all linked to food access."

Programs, Policies, and Possibilities
"The idea of food policy councils is to bring together diverse stakeholders from the food system," Williams says. Representatives from Memphis and Shelby County Health Department, Christ Community Health Services, and the University of Memphis' graduate program in city and regional planning, as well as community members at-large, are part of the food policy group Williams calls the "democracy of doers." While they are still in the planning phase, the group also is taking on smaller projects.

"You don't get a lot of credit for planning for two years," Williams says. "So while we're working [toward 2012], we're also trying to work on some policy issues that are immediate that we feel can be successful."
One such success can be found in the pages of the Unified Development Code (UDC)passed by the Shelby County Commission on August 9th and by the Memphis City Council the next day. This comprehensive overhaul of zoning codes includes streamlining the process for starting a farmers market, approving neighborhood gardens as a principal use in almost every zone, and permitting citizens to raise chickens in residential areas. Though Williams points out that many of these activities were going on before, the official recognition is crucial to a new urban food system.

"It's a great progressive zoning policy that we needed," Williams says, "promoting dense communities where amenities are where people are."

They aren't stopping there. By the end of this year, the Office of Planning & Development will clean up the final UDC, and the food policy group has submitted suggestions.

"We feel like farmers markets should be permitted anywhere convenience stores are," Williams says. "Convenience stores are permitted in residential areas. If you can have a place that sells malt liquor and cigarettes, why can't you have a place that sells tomatoes and peppers?"

Other recommendations include lifting the restrictions on farmers market hours and removing onerous special-use and facilities requirements for produce trucks. The food policy group also hopes to facilitate the use of Electronic Benefit Transfer (EBT) machines at farmers markets and address the inadequacies of the SFMNP and Women, Infants, and Children (WIC) vouchers system by getting more Tennessee farmers to apply for approval.

Whether Williams' group will become an independent 501(c)(3) nonprofit or work as an advisory arm of the city council and county commission is still up in the air. A number of models such as those in Detroit, New Orleans, and Hartford, Connecticut, are being looked at, according to Williams. Detroit is a particularly salient model for a Memphis food policy group. "[Memphis and Detroit] have a strong equity focus, a racially diverse group, and similar issues with disinvestment in urban core areas, vacant land in the city, and health outcomes that fall on racial and economic lines," she says.

Trusty Sidekicks
In 2009, an annual obesity report ranked Tennessee as the fourth-fattest state in the nation. This year, Tennessee jumped to second place.

The Robert Wood Johnson Foundation — committed to ending the childhood obesity epidemic — responded with funding for The Food Trust, a national nonprofit model, to begin a Tennessee project. The hope is that the Tennessee project will replicate the successes of other states and cities — in particular, the success of the Pennsylvania Fresh Food Financing Initiative.

The Fresh Food Financing Initiative is a public-private partnership through which The Food Trust and a community development financial institution leveraged government seed money at a three-to-one ratio. With a pool of $120 million, the program gave one-time grants and loans to supermarket operators and developers to overcome barriers and open supermarkets in underserved areas across Pennsylvania.

"To date, there have been approximately 82 successful projects," says Ellen Holtzman, who heads up the Tennessee project. "We estimate that the Pennsylvania Fresh Food Financing Initiative has created 1.5 million square feet of fresh food retail, has created or retained 5,000 jobs, and is estimated to have served 400,000 residents of the commonwealth of Pennsylvania."

So far, The Food Trust has worked closely with community groups across the state and gathered information about the specific barriers to supermarket development in Tennessee. They will issue a report of their findings this fall.

"What we know about Tennessee is that almost 13 percent of the census tracts are considered food deserts, both in inner-city urban areas as well as rural areas," Holtzman says. "Memphis in particular has significant areas that are food deserts."

The development of a Fresh Food Financing Initiative has not come a moment too soon. "The [Obama] administration has allocated $400 million in the 2011 budget for federal aid for supermarket development," Holtzman says. "If and when supermarket federal money becomes available, the states that have the infrastructure will be better positioned to receive the money."

Focusing on supermarkets and grocery stores instead of urban farming and farmers markets is also a strategic choice.

"Supermarkets are the most consistent, reliable source of healthy food," Holtzman explains. "Supermarkets provide good jobs with benefits and upward mobility; supermarkets most often hire from the immediate area; supermarkets act like anchors and can bring other businesses into a neighborhood; and supermarkets can increase property values in the homes within a quarter- to a half-mile distance of the new development."
At the end of 2012, The Food Trust hopes to issue a set of policy recommendations and start the process of giving grants, loans, and incentives to new markets.

A Free Market
Jeffrey Higgs, executive director of the LeMoyne-Owen College Community Development Corporation, hopes to see a supermarket in his South Memphis neighborhood long before 2012. The Soulsville Towne Center on McLemore is already built and has space for a 27,000-square-foot grocery store. Some residents are wondering why a market isn't already in place.

"We're trying our darndest to get someone to come in and operate as a grocery," Higgs says. "It's built to the new urban code. The entrance comes right up to the sidewalk." Both Aldi and Save-A-Lot have looked at the space but turned it down.

It's also in a community that studies have shown to be capable of supporting one, if not two, grocery stores. Both CB Richard Ellis and Associated Wholesale Grocers (AWG) have done comprehensive studies on the economic viability of a supermarket in the center. In December 2009, the University of Memphis finished a similar study for the South Memphis area, showing that roughly 40,000 square feet of additional grocery retail space would be feasible for the 38106 zip code.

"Yes, it's a poor area," says U of M's Reardon, "but it has a fairly high density, so if you've got more lower-income people on an acre, and you put their combined purchasing power together, it's substantial."
Still, most grocery chains fear low profit margins and extra security costs in high-crime neighborhoods. Reardon admits that the relationship between the supermarket and the community would have to be a unique one.

"We want a service-rich supermarket. We want one that studies the community and brings in the products that the people need at a price they can afford. We also take into consideration that many of our families work a lot of hours. You might have to have an extended-hours supermarket or co-op. We also have a significant number of families that are on public assistance and social security-funded income, so we're going to have to have a supermarket that enthusiastically participates in all the state and federal food programs."

Bottom-Up Efforts
Regardless of whether a supermarket succeeds, Reardon hopes to continue the farmers market in South Memphis, especially since it began as an alternative to the supermarket. "We sent a copy of our supermarket report to location consultants for regional and national [supermarket] firms that operate in our area," Reardon says. "We got an anemic response."

So far, the South Memphis Farmers Market has been very successful, even earning a nod on the White House blog. When the summer season ends, market organizers hope to move to a permanent location, start accepting EBTs and vouchers, and expand their vendor list.

Urban Farm in Binghamton, which is open to the community Tuesday through Friday from 7 to 11 a.m., has been successful as well, turning funding from the Kresge Foundation into a multiple-acre farm in the heart of another food desert, in Midtown. They were also the most recent farmers market to be approved by the City Council, ensuring a community outlet for the Urban Farm produce as well as produce from other farmers.
"It's a very complicated issue," Williams says. "There's not a one-size-fits-all solution. It's going to be a convergence of factors."

New Development Code Promotes Urban Food Production, Access to Healthy Food

Memphis, TN, August 10, 2010 - Urban farming can reduce crime, improve nutrition, clean up neighborhoods, and build community.  Thanks to Memphis and Shelby County’s new Unified Development Code, growing and selling local food will be easier to do in Memphis, TN.  Passed by the Shelby County Commission on August 9 and the Memphis City Council on August 10, 2010, the new code will impact urban food production and access to healthy food in several ways, including new ordinances related to chickens, farmers markets, and neighborhood gardens. 

The revision makes it easier for farmers markets to be established if they meet certain requirements, such as being managed by a neighborhood based non-profit and having at least 50% of sales area dedicated to fresh fruits and vegetables.   More farmers markets means increased access to healthy food – an important issue in a city peppered with food deserts.

The past few years have seen an upsurge in neighborhood gardening across the country, and Memphis is no exception.   Where previous codified ordinances were silent on the issue, the UDC explicitly allows neighborhood gardening in all residential, commercial and industrial districts, and most open districts.

Although Memphians have been keeping chickens as long as Memphis has been on the map, city ordinances were ambiguous as to whether keeping chickens was in violation of the zoning code.  Generally, Code Enforcement looked the other way unless there were complaints about sanitation or abuse.    Now, residents can legally keep up to three to six hens (depending on the size of their lot and the chicken enclosure) to produce eggs for household consumption.  Roosters are prohibited due to concerns about noise.  

“The UDC shows the positive impact that sound urban planning can have on the food environment,” says Renee’ Frazier of Healthy Memphis Common Table and member of the Food Policy Working Group, “These changes will no doubt help make Memphis a healthier city.” 

For additional information contact Josephine Williams, Mid-South Peace & Justice Center at 901-725-4990 or josephine@midsouthpeace.org

In 2005, the City of Memphis and Shelby County began the process of preparing the Unified Development Code, a single document containing existing zoning and subdivision regulations, along with any other development-related regulations found elsewhere in the City or County code of ordinances. This is the first major revision of the zoning ordinances sine the early 1980’s.

The Food Policy Working Group is a collaborative effort among local agencies and citizens seeking to inform policy in order to create a more sustainable food system through research, education, and advocacy which promotes food security for, economic development, and social justice. The Food Policy Council Initiative has received support from the Healthy Eating, Active Living Initiative of the Community Foundation of Greater Memphis in partnership with the Assisi Foundation, Plough Foundation and the United Way of the Mid-South, through the Convergence Partnership Fund of the Tides Foundation.  For more information go to http://memphisfoodpolicy.blogspot.com/

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Welcome to food fight

Food.  Most of us eat it every day, multiple times a day.  It is an important part of our lives, and, like air and water, it is necessary for survival.  What we end up putting in our mouths through the intimate act of eating depends on a complex set of factors.  The food system, that starts with producers (farmers and ranchers, for example) then travels through harvest, distribution, processing, more distribution, maybe more processing, packaging, and distribution, dictates what food is available and to whom.  Factors such as advertising, heritage, income, time, knowledge, transportation, habits and preferences further influence what does or does not end up in the shopping cart, on our tables, or in our cars.

In Memphis and Shelby County, it seems that something somewhere has gone wrong with the way we eat.   In 2007, we received the distinction, courtesy of Forbes Magazine, of being the most obese city in the United States.  In addition, Memphis is now the nation's "Hunger Capitol", according to a study published earlier this year by the Food Research and Action Center.   While the confluence of hunger and obesity may at first seem illogical, more and more research is indicating that the two in fact go hand in hand.   This confluence also calls into questions the assumption that obesity results solely from a failure of the will - that personal choices are to blame.  Surely we are responsible for our choices, but overemphasizing personal responsibility obscures the reality that we are part of a complex system that often makes the healthy choice the hard choice and the unhealthy choice the easy choice, or, in some cases, the only choice.

A systemic problem calls for systemic change.  From a food policy perspective, the solution to hunger and obesity may be one and the same: make sure everyone in Memphis and Shelby County has access to a safe, healthy, and affordable diet.   Make the healthy choice the easy choice.

Through this blog, we will keep you up to date on local, regional, and even some national policy issues that impact the food environment.  We'll let you know about innovative policies and programs locally and around the country, share relevant research and resources around food policy issues, and let you know how you can get involved in shaping a better food system.