NEWS: USDA Consultations on fertilizer, seeds and food retail

News from AAFC Market Access Secretariat

On July 9, 2021, President Biden issued an Executive Order on “Promoting Competition in the American Economy,” which creates a White House Competition Council and directs Federal agency actions to enhance fairness and competition across America’s economy.

As part of this Executive Order (EO), the Secretary of Agriculture was directed to submit reports:

  1. On the effect of retail concentration and retailers’ practices on the condition of completion in the food industry;
  2. On concerns and strategies for ensuring that the intellectual property (IP) system, while incentivizing innovation, does not also unnecessarily reduce competition in seed and other input markets; and to identify and advance any additional administrative actions necessary to promote competition on an ongoing basis.

The EO also directed the Council and member agencies to “identify and advance any additional administrative actions necessary” to promote competition on an ongoing basis. The Secretary of Agriculture (the Secretary) took note of wide-ranging concern from agricultural producers regarding access to and pricing of fertilizer.

The Market Access Secretariat would like to inform you that in response to the EO, on March 17, 2022, the United States Department of Agriculture (USDA) published three notices for public comments in the Federal Register with a 60-day comment period (see below for notices). Comments can be submitted to the USDA on each notice by May 16, 2022.

Comments can be submitted online and should reference the docket number, the date of submission, and the page number of this issue of the Federal Register. Alternatively, comments may also be sent by mail to Jaina Nian, Agricultural Marketing Service, USDA, Room 2055-S, STOP 0201, 1400 Independence Avenue SW, Washington, DC 20250-0201.

Federal Register Notices:

Competition in Food Retail and Distribution Markets and Access for Agricultural Producers and Small and Midsized Food Processors (AMS-AMS-22-0026)

This notice requests comments and information from the public to assist the USDA in preparing the report required by the Executive Order and advancing policy steps to promote competition in the food and agricultural markets.

Competition and the Intellectual Property System: Seeds and Other Agricultural Inputs (AMS-AMS-22-0025)

This notice requests comments and information from the public to assist the USDA in preparing the report required by the Executive Order and advancing policy steps on seeds and other inputs identified in and developed by the report.

Access to Fertilizer: Competition and Supply Chain Concerns (AMS-AMS-22-0027)

This notice requests comments and information from the public to assist the USDA in identifying relevant difficulties, including competition concerns, and potential policy solutions for the fertilizer market.

They would appreciate that you communicate to them any concerns or comments regarding these three notices to inform any potential intervention to the US on these matters.  Please send them to aafc.mas-sam.aac@agr.gc.ca .