United Fresh Offers Detailed Info On Government Shutdown Implications

By Growing Produce Staff|October 8, 2013

As the federal government shutdown enters its second week, there are a number of important programs and federal government functions that are being affected by the political stalemate between Congress and the Administration. Below are updates on key programs and operations that may impact the produce industry.

Editor’s Note: Has the government shutdown affected you or your business? Are there other questions you have about the shutdown? If so, please comment at the end of the story.

U.S. Department Of Agriculture

• Agricultural Marketing Service (AMS) — There are several programs within the AMS that will continue during the federal government shutdown. These include the Perishable Agricultural Commodities Act Program; Specialty Crop Inspections; Plant Variety Protection Program; Commodity Purchase Services; and Research and Promotion Programs. The following AMS programs and functions have been furloughed: Country of Origin Labeling Program; Market News; Marketing Agreements and Orders; National Organic Standards Program; Pesticide Data Program; Standardization; and Specialty Crop Block Grants.
• Animal and Plant Health Inspection Services (APHIS) — Because some functions under APHIS are derived from Trust Funds, User Fees, and no-year funding, there are a number of programs that will be continued through the shutdown. These include preclearance and inspection of fruit, vegetable, and nursery products; activities for preclearing and inspecting fruits, vegetables, and nursery products before they are shipped to the U.S.; issuing of phytosanitary certificates for plant material bound for export; Agricultural quarantine and inspection services in connection with the arrival at a port in the customs territory of the U.S., or the preclearance or preinspection at a site outside the customs territory of the U.S., of an international passenger, commercial vessel, commercial aircraft, commercial truck, or railroad car; current responses to several agricultural emergencies involving invasive pests and diseases. APHIS will continue to operate and manage the 10201 program through the government shutdown. In addition, APHIS will continue border and costal surveillance programs including agricultural quarantine and inspection surveillance activities to prevent the introduction of plant pests into the country.
• Foreign Agricultural Service (FAS) — During the shutdown, FAS will discontinue administering all market development programs including the Market Access Program and the Technical Assistance for Specialty Crops.
• USDA Nutrition Programs — Women Infant and Children (WIC) program has received temporary operating funds through Oct. 31, 2013. The temporary operating funds are a combination of $125 million in contingency funds released by USDA on Oct 1 and unspent FY’2013. WIC will have no funds available after Oct. 31, 2013. Child Nutrition Programs (CNP), including School Lunch, School Breakfast, Child and Adult Care Feeding, Summer Food Service and Special Milk will continue operations into October. Meal providers are paid on a reimbursement basis 30 days after the end of the service month. The Fresh Fruit and Vegetable Program (FFVP) funds are funds available through the end of October because FFVP schools are paid on a reimbursement basis 30 days after the end of the service month. The Department of Defense Fresh ordering website for schools is operating. Programs that are not functioning during the government shutdown include the Commodity Supplemental Food Program (CSFP), The Emergency Food Assistance Program (TEFAP), WIC Farmers’ Markets Nutrition Program (FMNP), and the Food Distribution Program on Indian Reservations (FDPIR). The Supplemental Nutrition Assistance Program (SNAP) program has funds available through October.
• Rural Development (RD) — Both the Value-Added Grant Program along with Section 516 of the Farm Labor Housing Loan and Grant Program would continue during the government shutdown.
• Research, Education, and Economics (REE) — The Specialty Crop Research Initiative and other research and economic activities at USDA would be closed during the government shutdown.
• Risk Management Agency (RMA) — RMA will not maintain any activities during a government shutdown. RMA will not maintain any staff to either pay contractual obligations or perform any regulatory functions such as editing data.

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Department Of Defense

• Commissaries (DeCA) — Effective Wednesday, Oct. 2, all U.S. Military Commissaries have shut down. Overseas commissaries will remain open.

Department Of Labor

As a result of the shutdown, the Department of Labor (DOL) will neither accept nor process any applications or related materials (such as audit responses) it receives, including Labor Condition Applications, Applications for Prevailing Wage Determination, Applications for Temporary Employment Certification, or Applications for Permanent Employment Certification.

The DOL’s Office of Administrative Law Judges will be unable to perform any case-related activities, including conducting hearings. Hearings that have been previously scheduled will therefore be cancelled prior to the date of the hearing, and they will not be rescheduled for hearing until an appropriations bill or continuing resolution takes effect.

Department Of Homeland Security

• Custom and Border Protection (CPB) — CBP Port of Entry Operations, including CBP Cargo Security and Revenue Collections, as well as Border Security programs, including Border Patrol and CBP Air and Marine Operations, will remain operational under a government shutdown because they have been deemed law enforcement necessary or necessary for the safety of life and protection of property.
• U.S. Immigration and Customs Enforcement (ICE) — ICE detention and enforcement operations shall continue. The ICE Community and Detainee Helpline will remain operational.
• U.S. Citizenship and Immigration Services (USCIS) — USCIS has indicated that the E-Verify system will be closed for the duration of the shutdown. This means that E-Verify employers will not be able to process new hires’ E-Verify checks, in addition to any E-Verify system-related activities. USCIS has advised E-Verify employers that the ‘three-day rule’ for E-Verify cases will be suspended for cases affected by the shutdown. Please note that the fact that an employer does not have to do an E-Verify check during the shutdown period, does NOT affect the Form I-9 requirement — employers must still complete the Form I-9 no later than the third business day after an employee starts work for pay.

Environmental Protection Agency

It appears that most activities and staff related to the Office of Pesticide Program are furloughed due to the government shutdown.

Health And Human Services

• Food and Drug Administration (FDA) — FDA would continue limited activities related to its user fee funded programs including the activities in the Center for Tobacco Products. FDA would also continue select vital activities including maintaining critical consumer protection to handle emergencies, high-risk recalls, civil and criminal investigations, import entry review, and other critical public health issues. FDA will be unable to support the majority of its food safety, nutrition, and cosmetics activities. FDA will also have to cease safety activities such as routine establishment inspections, some compliance and enforcement activities, monitoring of imports, notification programs (e.g., food contact substances, infant formula), and the majority of the laboratory research necessary to inform public health decision-making.
• Center for Disease Control (CDC) — CDC will continue minimal support to protect the health and well-being of US citizens here and abroad through a significantly reduced capacity to respond to outbreak investigations, processing of laboratory samples, and maintaining the agency’s 24/7 emergency operations center. CDC would be unable to support the annual seasonal influenza program, outbreak detection and linking across state boundaries using genetic and molecular analysis, continuous updating of disease treatment and prevention recommendations (e.g., HIV, TB, STDs, hepatitis), and technical assistance, analysis, and support to state and local partners for infectious disease surveillance.

Important Links

Here’s a more detailed rundown, by agency, on how the shutdown will affect operations.

USDA
• Agricultural Marketing Services
http://www.usda.gov/documents/usda-ams-shutdown-plan.pdf
• Animal and Plant Health Inspection Program
http://www.usda.gov/documents/usda-aphis-shutdown-plan.pdf
• Foreign Agricultural Services
http://www.usda.gov/documents/usda-fas-shutdown-plan.pdf
• Food Nutrition and Consumer Services
http://www.usda.gov/documents/usda-fns-shutdown-plan.pdf
• Rural Development
http://www.usda.gov/documents/usda-rd-shutdown-plan.pdf
• Research, Education, and Economics
http://www.usda.gov/documents/usda-ree-shutdown-plan.pdf
• Risk Management Agency
http://www.usda.gov/documents/usda-rma-shutdown-plan.pdf