Family Farm Protection Act
A Summary Of The Bill
9/00 
Executive Summary

The proposed Family Farm Protection Act is designed to:

  • Make small farms more economically viable and promote healthy local rural economies
  • Level the playing field and eliminate special treatment of large-scale livestock operations
  • Ensure adequate environmental protection
The Act would substantially reform the current agricultural production system to eliminate market practices which unfairly benefit large-scale operations over small farms.  The Act builds upon the existing environmental permitting system and uses the federal Clean Water Act threshold of 1,000 animal units to define a point source of pollution.  It provides cost-sharing dollars to help small farms come into compliance with environmental standards.  The Act specifically directs subsidies and other government assistance to small farms and away from large-scale operations.  

The following outline is the product of ten months of consensus based deliberations among leaders from the following organizations: WI Farmers Union, Family Farm Defense Fund, WI Rural Development Center, Sierra Club, WI Environmental Decade, American Raw Milk Producers Pricing Association, Churches Center for Land and Peoples, The Catholic Conference, Lutheran Office on Public Policy in WI, WISPIRG, and Wisconsin Citizen Action.  (The WSN was represented at the discussions by steering committee member Caryl Terrell.)
 

Family Farm Protection Act  - Major Policy Components

I. Collusive and Anti-Competitive Practices
a) Require study of the degree of concentration in the livestock and grain industry and its social/economic impacts on small farms and small communities. 

WHEN STUDY IS COMPLETED: Refer to DOJ-AG for investigation   Develop, finance and maintain within the state Attorney General office an agricultural anti-trust division to litigate and prosecute anti-competitive practices within the livestock and grain processing industry. WHEN STUDY IS COMPLETED: Provide sufficient resources and personnel to the state Attorney General office to work with the U.S. Dept. of Justice to address possible violations/abuses of the Capper/Volstad and Packers and Stockyards Acts.

II. Price and Market Reform 
a) Require mandatory price reporting for all sales of livestock, livestock products and grain whether sold by auction, contract or other means.  (See Nebraska bill provided.)

III. Development of Produced-Owned Processing 
a)  Provide assistance in the development of farmer-owned livestock products, grain processing and storage facilities.
b)  Provide a system of financial assistance for marketing of products for farmer-owned processing facilities.
c)  Assist in the development of marketing strategies for independent family farmers.

IV. Credit and Agricultural Financing Reform  
a)  Require WHEDA lenders to use loan servicing and forbearance policies to the fullest extent possible.
b)  Restore operating loan interest assistance subsidies to the WHEDA CROP program and expand current WHEDA Beginning Farmer program.

V. Family Farm Education Programs
a)  Devote half of all UW Extension funding resources to study and promote practices that encourage minimal environmental impact and low-cost farm management practices such as grazing.
b)  Fund site-specific/on-farm technical education programs conducted by UW Extension.
c)  Establish an independent board to provide oversight to and monitor DATCP and UW research programs.
d) Fund, expand & promote educational programs that encourage beginning farmers with special focus on minorities and low-income individuals. 

VI. Tax Incentives and Disincentives
a)  Property tax exemption for agricultural waste lagoons shall be restricted to farms under 1000AU.
b) Sales exemption on electrical use should be restricted to farms under 1000AU.

VII. Environmental Standards for Large-scale Operations
a)  Define livestock operations over 1,000 animal units as industrial facilities. 
b)  Require Performance Bonding. 
c)  Integrator Liability. 
d)  Eliminate preemption on local governments enacting stricter siting/environmental laws than state.  
e)  Mandatory nutrient management plan.
f)  Mandatory nutrient management certification.
g)  Cost sharing dollars are to be directed to small farms and will not be made available to industrial operations.   
h)  Environmental Impact Statement is required for proposed livestock factories located in watersheds impaired by agricultural runoff and in sensitive environmental areas such as groundwater susceptible areas and near trout streams.
i)  Apply Air Standards to industrial livestock facilities.
j)  Open Records:  All documents related to permit and discharge monitoring should be open to public.
k)  Enforcement:  Adequate enforcement must be established. 
l)  Ban industrial livestock facilities within the subwatershed of Trout Streams classified as I, II or III quality.
m) Require wastewater treatment facilities for industrial livestock facilities, i.e. WPDES.  
n)  Phase out existing lagoons that do not comply with standards.
o)  Implement "Purchase of Development Rights" legislation.  This would allow any farmer to sell the development rights to their property to a land trust.  
p)  Ban liquid animal waste spraying through aerial irrigation systems.

VIII. Small Farm Environmental Issues
a) Provide cost share funding for any state or federally required nutrient management plans on small farms. 
b) Give priority to small farms when disbursing any state or federal cost-sharing money for any state or federally required implementation of nutrient management practices.
c)  Provide/shift funding for a local "first response" program to County Conservation Departments.
d)  Preserve "Right to Farm" legislation for small farms only.
e)  Provide funds for on-farm research and lower cost alternatives for small farms.

    For more information, please contact Sam Gieryn, WI Citizen Action, 122 State St. #308, Madison, WI  53703, or call 608-256-1250, or email Sam.

back to the Wisconsin Stewardship Network home page