Farm bill worries counties

A bill that would eliminate the ability of Missouri counties and municipalities to regulate large livestock feeding operations has drawn fire from critics statewide before even leaving committee.

The bill, known as the Missouri Farm and Food Preservation Act (SB 364), garnered the attention of environmentalists and other special interests last month after Gov. Matt Blunt gave the proposed legislation his endorsement. In its current form, the Farm and Food Preservation Act would eliminate local governments' ability to enact regulations pertaining to agricultural operations if those regulations are more strict than state and federal standards. The planning and zoning abilities of first-class counties like Cape Girardeau County would be exempt from the bill.

The main issue has been how the bill would affect Concentrated Animal Feeding Operations, where at least 1,000 animals are confined in a space for a limited period of time. Critics say the bill would endanger human health and the environment near these operations by relaxing the regulations against CAFOs.

"We don't feel state or federal government is doing an adequate job to control these operations, both in terms of water pollution and air pollution," said Roy Hengerson, legislative director with the Missouri chapter of the Sierra Club.

"You have to remember, if these are really large operations, they produce the kind of sewage or waste that medium-size cities produce, but cities have to have sophisticated pollutant control technology. These operations just land apply it, and the problem with land application is if the crop can't absorb it, it's going to run off or go into the groundwater."

The controversy over CAFOs is primarily confined to the northern and southwestern parts of the state, where several giant hog and poultry operations are located. But both Scott and Stoddard counties have their share of smaller CAFOs that raise chickens, primarily under contract to Tyson. These operations mostly house between 1,000 and 3,000 animals at a time.

Neither Scott nor Stoddard county has regulations governing the operations of CAFOs within their boundaries. Both counties' presiding commissioners, Jamie Burger in Scott County and Greg Mathis in Stoddard County, said they were not aware of the bill.

But if passed in its current form, it would take away those counties' ability to enact regulations in the future should CAFOs become a health or nuisance issue.

Against the bill

The Missouri Association of Counties has come out strongly against the bill, said MAC executive director Dick Burke.

A similar bill was introduced last year, Burke said, and the association then began working with legislators on a compromise version. Cape Girardeau County Presiding Commissioner Gerald Jones was picked to head the MAC coalition because of his relative objectivity due to the county's lack of CAFOs, Burke said.

Calls to Jones were not returned Friday afternoon.

Burke said the interests represented by his association have shown a willingness to compromise that has not been reciprocated by the bill's supporters.

"I think we're willing to talk about giving up a measure of local control," Burke said. "Essentially our task force has said that counties have adopted these ordinances because the state standard isn't enough. We've basically said if you boost those standards and allow a local component, we can talk about a statewide standard, but so far the proponents are just not interested in talking about a compromise."

Among the interests supporting the bill are the Missouri Farm Bureau Federation, the Missouri Corn Growers Association, the Missouri Soybean Association, the Missouri Cattlemen's Association, the Missouri Pork Association, the Missouri Dairy Association, the Missouri Poultry Federation and several other farm groups.

CAFOs are regulated by the Department of Natural Resources and the federal Environmental Protection Agency, which establish rules regarding the control of waste generated by the operations. Gary Gaines, director of the DNR's southeast region, said CAFOs have not historically presented a health or nuisance risk in Southeast Missouri.

Most of the poultry operations in the area are dry litter operations, meaning they spread materials like rice hulls or sawdust on the chicken house floors, remove the waste and spread it on local farm fields.

"Runoff generally is not a problem because the land is so flat, and these operations are located in relatively flat farmland," Gaines said. However, waste has to be stockpiled when it can't be immediately applied to farm fields, usually during wet conditions, Gaines said.

"We have had occasion in the Bloomfield area where there was runoff from a stockpile and had to work with the owner and people who manage waste."

Burden on business

State Sen. Rob Mayer, R-Dexter, represents Stoddard County and supports the bill. Mayer said allowing each county to enact its own standards puts a burden on large animal feeding operations that may want to do business in Missouri.

The bill's sponsor, State Sen. Chris Koster, R-Harrisonville, echoed Mayer's sentiments. Koster said the bill is designed to accommodate the changing face of agriculture, which is continuing to move toward more large, corporate farming operations. Koster said he doesn't want the state to be left behind because of burdensome local regulations.

However Koster, a self-described moderate who draws support from labor unions, said the bill he sponsors is far from finished. He said he hopes a compromise can be reached that will satisfy all those involved. Koster has also introduced a bill that will provide state assistance to small family farming with gross revenue under $250,000 by branding and marketing Missouri farm products and establishing farmers markets throughout the state, among other means.

msanders@semissourian.com

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