Empowering a Culture of Health for Lasting Change in Indian Country… · 2018-11-01 · Food Sovereignty Definition: La Via Campesina (1996) Focuses on food for people Sufficient,

Empowering a Culture of Health for Lasting Change in Indian Country: Tribal

Law & Policy ToolsErin Shirl Parker, J.D., LL.M.

National Indian Health Board, National Tribal Public Health ConferenceSeptember 18, 2018

Session Outline

Policy Connections: Food Sovereignty: what is the linkage between health,

food, & agricultural policy goals (discussion)?

What resources and opportunities already exist in Tribal communities that promote health through food production?

Policy tools: role of Tribal law & Tribal governments in food policy

Food & Agricultural Codes; Model Tribal Food & Agricultural Code

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

Policy ConnectionsHEALTH + FOOD + AGRICULTURAL POLICY: WHAT CONNECTIONS DO YOU SEE?


Food Sovereignty Definition:La Via Campesina (1996)

Focuses on food for people◦ Sufficient, healthy and culturally appropriate food as the center for all food policy

Values food providers

Localizes food systems◦ Brings local food providers and consumers together

Puts control locally◦ Rights of food providers to land, seeds and water

◦ Rights are established in the law

Builds knowledge and skills◦ Local knowledge and skills; sustainable food production free from technologies that undermine

health/well-being

Works with nature◦ Improves resiliency in the face of climate change and works with the local ecosystem


Food and agriculture in Indian Country

Land and other resources already exist in Indian Country to support longterm health:

◦ $3B annual market value in ag sales ◦ Evenly divided between livestock and all other

◦ 50+M acres of land in Indian Country are already engaged in food and agriculture

◦ Most of the value of that product leaves the lands and communities and doesn’t return

◦ 20M of the 26M acres in Arizona involved in food and agriculture is under direct Tribal control

◦ Largest contiguous farm in the US is Navajo NAPI; top 10 farms in SD, AZ, NM, OR, WA, CA, ID, etc. are Tribal farms



12-M127

Number of Farms with American Indian

or Alaska Native Operators: 2012

1 Dot = 10 Farms

U.S. Department of Agriculture, National Agricultural Statistics Service

United States Total44,671

0 100

Miles0 100

Miles

0 200

Miles

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Food deserts in Indian Country Today


Healthy food access in Tribal communities is frequently difficult, given that virtually ALL of Indian Country resides within a “food desert” as defined by USDA. Food security requires access to grocery stores within ten miles. This map illustrates where retail grocery stores are more than ten miles away.


Policy ToolsCONNECTING TRIBAL LAW + TRIBAL GOVERNANCE IN FOOD AND AGRICULTURE WITH PUBLIC HEALTH


Food & Agriculture Law and Policy: International, National, State, Local –

Tribal?

◦ International law – many conventions, treaties and agreements in food

◦ Federal Agricultural Law and Policy◦ Farm Bills

◦ Most recent Agricultural Act of 2014

◦ Prior Farm Bills every five years beginning with the Agricultural Adjustment of 1933

◦ Food Safety Modernization Act of 2010

◦ Other Federal laws relevant to food and agriculture (natural resources, lands, forests, commercial obligations, interstate commerce, intellectual property, etc.)

◦ State Laws◦ Most domestic laws in food and agriculture are found at the state level

◦ Local Laws◦ Local governments also act in food and agriculture


Role of Tribal Governments

Tribal governments role in food sovereignty:◦ Provide resources to identify all traditional plants, medicines and foods

◦ Establish and defend protection for those unique cultural foods and seeds

◦ Through written policy

◦ Through infrastructure development

◦ Through continual propagation, storage and protection

◦ Through identification of location and sites and preserving the locations

◦ Through establishing staff in government infrastructure to lend assistance to citizenry

◦ Through establishing and maintaining importance

Other roles: interface with other tribal governments, anticipate and prepare for future challenges


OPPORTUNITIES for Tribal Governments

American Indian Agricultural Resources Management Act – Ag Resource Management Plan ◦ www.blackfeetarmp.com

Establish robust protection of our foods

Our lands – solutions to health and economic challenges

Protection of culture is not the entire picture

Recapturing health through revitalizing food systems

Creating business opportunities for your people

Taking on the role of establishing clear policy

Aid in establishing a shared vision

Tap into the talent and power of our people in food

Rising global population means greater attention to food and greater need to protect our resources


What could be included in Tribal food and agriculture codes?

◦ Foreign Ownership of Ag Land on Reservations

◦ Traditional foods◦ Seeds and Seed Protection◦ Animal Rights and Animal Welfare◦ Aquaculture◦ Commercial Relationships◦ Biotechnology◦ Cooperatives and other Business

Entities◦ Ag Taxation in General◦ Taxation of Unhealthy Foods◦ Restrictions on Corporate Farming

◦ Energy Issues related to Agriculture◦ Environmental Issues related to

Agriculture◦ Estate Planning related to Agriculture◦ Farm Labor◦ Child Labor◦ Beginning farmer and rancher–

encouraging our youth◦ Food Service guidelines– nutritional

standards for Tribally owned facilities, events, &c


Model Food and Agriculture Code DevelopmentExamples of sections:

More food and agriculture code sections

◦ Food Safety (covering food safety on the farm and in retail establishments as well as the entire supply chain)

◦ Hunger and Food Security/Food Access

◦ Hunting, Recreation and Wildlife

◦ Trade

◦ Land Reform to Support Agriculture

◦ Land Use Planning, Regulation, Farmland Preservation, Land Sales and Leases

◦ Farmer-Processor Relationships

◦ Finance and Credit issues related to Food and Agriculture

◦ Forestry

◦ Water and Soil Conservation

◦ Leases and Contracts

◦ Marketing

◦ Types of Farming and Ranching on Tribal lands

◦ Torts, Insurance and Related issues

◦ Transportation

◦ Perishable Products

◦ Prompt Payment

◦ Nutrition Programs


And more possible food and agriculture code sections…

◦ Food Labeling

◦ Protects the food name and complies with food laws

◦ Landowner Liability

◦ Food Waste and Food Recovery

◦ Pesticides and Chemicals

◦ Zoning related to Agriculture Production and Food

◦ Uniform Commercial Code Articles related to Food and Agriculture

◦ Security Interests

◦ Documents of title

◦ Leases of Goods

◦ Sale of Goods

◦ Farm Products Exceptions

◦ Letters of Credit

◦ Veterinary Law

◦ Relationships in Local/Regional Market Development

◦ Organic Certification

◦ Technology

◦ Right to Farm and Limitations on Farmer/Rancher Liability

◦ Other Possible Provisions


Public Health Issues + Food Law & Policy Solutions?

Food safety ◦ On farm food safety

◦ Retail & eating establishment safety

Nutrition standards for food procurement

Improving food access

Improving food security

Economic development for long term health & sustainability


Example 1: Food Safety

Foodborne illnesses present a public health concern

Tribal governments have the inherent authority to regulate for food safety protection

Federal law establishes broad standards and is changing rapidly

The science behind food safety is becoming more specific and regulations are moving to the “farm level” (which means liability is moving there also)

State and local jurisdictions already establish their own standards and enforce locally in conjunction with the federal government

Tribal foods move across jurisdictions regularly

Tribal governments have adopted model food codes for retail food establishments, but will need to act to include on-farm food safety as the federal system moves in that direction

Tribal governments need to protect our producers and resources


Foodborne Illness Sources

◦ Micro-organisms◦ Bacteria, parasites, viruses, yeasts, and molds

◦ E. coli 0157:H7; Salmonella; Staphyloccus aureaus; Listeria monocytogenes; Campylobacter jejuni; Shigella (bacteria)

◦ Norovirus; Rotovirus; Hepatitis A (virus)◦ Cryptosporidium parvum; Giardia lambia Cyclospora (parasites)

◦ Usually too small to be seen by the eye◦ Can see these things in a lab - - find a way to see these things in a

lab to better inform your thought process

◦ Micro-organisms (and actually other hazards) don’t recognize “jurisdictional” boundaries, organic vs. non-organic, type or size of farm, etc.

◦ 90% of foodborne illnesses are from 4 bacteria: campylobacter, salmonella, clostridium, staphylococcus aureus


Types of Illnesses

Campylobacter◦ Raw and undercooked poultry, unpasteurized milk, contaminated water

E Coli◦ Undercooked ground beef, unpasteurized milk, soft cheeses, raw fruits and

vegetables, contaminated water, juices, feces of infected people, animals

Listeria◦ Soil and water and some animals (poultry and cattle), raw milk and foods from

raw milk, processing plants, ready to eat deli meats and hot dogs, meat spreads, soft cheeses, raw sprouts, some refrigerated smoked seafood

Salmonella◦ Contaminated eggs, poultry, meat, unpasteurized milk or juice, cheese,

contaminated raw fruits and vegetables (alfalfa sprouts, melons, spices, nuts; animals and their environments (snakes, turtles, lizards, baby chicks, pet food and treats


Types of Illnesses

Shigella◦ Contaminated food or water; salads; raw vegetables contaminated in the field,

sandwiches

Botulism◦ Honey, home-canned vegetables and fruits, corn syrup, improperly canned

foods, her-infused oils, bottled garlic, cheese sauce, foods held warm for extended periods

Clostridium perfringens◦ One of the most common causes of food poisoning; improperly served or

refrigerated cooked food; beef, poultry, gravies, etc.

Hepatitis A◦ Spread primarily through food or water contaminated by stool from an infected

person; raw or undercooked shellfish, contaminated drinking water, foods not reheated properly


Types of Illnesses

Norovirus◦ Produce, shellfish, read-to-eat foods touched by infected food workers or

from vomit or feces from infected persons; most common cause of “stomach flu”

Staphylococcus◦ Commonly found on skin and hair and in noses and throats of people and

animals; present in up to 25% of healthy people; food handler contaminates food and food not properly refrigerated;; salads, bakery products, sandwiches, milk and dairy products, meat, poultry, eggs

Vibrio◦ Usually occur naturally in warm coastal areas; found in higher

concentrations in summer months; can be life-threatening; raw or undercooked shellfish (raw oysters)


Number of Outbreaks (2003 -2008) - - this changes every year - - but notice leafy greens, fruits-nuts,vinefoods

INDIGENOUS FOOD AND AGRICULTUREINITIATIVE




Example 1: Food Safety

Model Food Code provisions on food safety might include:

Harvest safety

Field to processing and transportation

Worker Health & Safety

Child Safety

Animal Feed

Food labeling

Soil amendments

buildings & equipments

Traceability of food

Packing safety

Processing food safety

Good handling practices

Products requiring additional care (Sprouts, etc)

Adulterated & misbranded food


Example 2:Improving food access & local food economy for long-term health

Marrying public health goals around improving health outcomes for chronic disease & food access issues

The biggest resource needed is already there: land ◦ Indian Country is roughly 56 million acres with 55 million in ag production

now

◦ Much of what’s grown there now is either for animals or, if for human consumption, leaves Tribal communities for other markets

◦ Prioritizing locally/Tribally grown food creates jobs, markets & a means for community members to access fresh fruits & vegetables

Food and Agricultural Code provisions if linked to health policy goals can be a powerful tool to improve the health of both people and economies



Food Service Guidelines– model law

Tribal governments buy food for community events and work meetings, operate or contract for the operation of elder or employee dining programs and other types of meal programs, and operate or contract for vending machines and other food services. Many federal agencies, states, and other jurisdictions—including in Indian Country--have adopted policies and laws that establish food service guidelines for food and beverages purchased with government funds that are served or sold on government property, or provided during employee meetings, or at other government-related meetings and events, such as committee meetings, community dinners and other functions. These laws can also give preferences to food grown, raised, processed or distributed by Tribal members or other local foods, to food from Native producers or Native-owned companies, and similar preferences, so that the economic power of a Tribe is helping to support Tribal and other Native food producers and processors. In these ways, these kinds of laws can help to support health in a holistic way. They support health of community members by supporting access to healthier food choices; they provide a model for what a healthy food environment looks like; and if they are able to incorporate foods that are indigenous or traditional to the Tribe and/or produced by Tribal members or other Native producers, they can help strengthen food sovereignty and Tribal food systems through economic as well as role modeling support. Although healthy food procurement policies can take the form of administrative policies or systematic practices, incorporating them into a Tribal code helps support sustained, consistent practices to support healthy food procurement over time.

Like the other model laws in this series, this law can be adopted wholly with any changes a Tribe feels is appropriate, or smaller sections can be incorporated into a Tribe's already existing regulations.



Food Service Guidelines– model law excerpt: DRAFT


DiscussionCROSS-SECTOR POLICY SOLUTIONS


Summary: The role of Tribal law & leadership is critical

Role of Tribal elected officials is key ◦ Support a foundation based in shared vision and policy

◦ Assess the community◦ Food and Ag Sovereignty assessment – FNDI

◦ Creating a shared community vision◦ Strategic planning – Required for AIARMA & HEARTH implementation

◦ Food Policy creation◦ Writing the laws, implementing and enforcing the laws

◦ Creating a food and agriculture department

◦ Regulating ourselves in food

◦ Engaging our youth as future ambassadors for our food

Food Sovereignty cannot be realized without Tribal governments’ involvement


Model Tribal Food & Agricultural Code Drafted and currently being formatted and undergoing final revisions before publication

Anticipated release late October 2018

Will be a free resource for all Tribes

The Initiative team can assist in strategic planning and research for any Tribe interested in adopting some/part of the code



The nation’s first law school initiative focusing on Tribal food law and policy supporting food systems, agriculture and community sustainability

Erin Shirl Parker, J.D., LL.M. Research Director & Staff Attorney [email protected](479)575-6572

Visit our website:www.indigenousfoodandag.com

mailto:[email protected]