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Home > Commodity Groups Slip FOIA Exemption into House Appropriations Bill

Commodity Groups Slip FOIA Exemption into House Appropriations Bill [1]

May 11, 2016

Lobbying by agricultural commodity groups can sometimes be embarrassing — which is why House Republicans slipped language carving them a Freedom of Information Act (FOIA) exemption into the Agriculture Appropriations bill now awaiting passage.

It was FOIA'd emails that revealed the American Egg Board trying to strangle an egg-free mayonnaise startup in its crib in 2015. The Egg Board is one of the commodity-specific "checkoff" boards funded by industry to promote agricultural products. Congress has made industry contributions to the boards mandatory.

After a collection of ag commodity lobby groups wrote a letter earlier this year to the House Appropriations Committee requesting a FOIA exemption, that panel wrote one into the funding bill.

The language is in the report (HR 114-531) accompanying the bill. Report language is not technically mandatory, but coming in a funding bill, it is almost always taken as a directive by agencies.

The House language declares that employees of the marketing boards are "not government employees," and "urges the USDA to recognize" that such boards are exempt from FOIA.

  • "Why Agricultural Industry Groups Could Soon Be Exempt from FOIA Laws," [2] Christian Science Monitor, May 3, 2016, by Christina Beck.
  • "Inside Washington: Ag Groups Seek Exemption from Scrutiny," [3] Associated Press, May 2, 2016, by Candice Choi and Mary Clare Jalonick.
  • "Commodity Groups Seek Freedom of Information Exemption for Checkoff Boards," [4] Capital Press, April 28, 2016, by John O’Connell.
  • "Largest US Food Producers Ask Congress To Shield Lobbying Activities," [5] Guardian, May 2, 2016, by Sam Thielman.
  • "Where's the Beef? You Won't be Able To Find out If Agricultural Groups Get Their Way," [6] Fortune, May 2, 2016, by Beth Kowitt.
  • "Under Attack, Commodity Promotion Programs Try To Hide Their Emails," [7] NPR, May 2, 2016, by Dan Charles.
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Source URL:https://www.sej.org/publications/watchdog-tipsheet/commodity-groups-slip-foia-exemption-house-appropriations-bill

Links
[1] https://www.sej.org/publications/watchdog-tipsheet/commodity-groups-slip-foia-exemption-house-appropriations-bill [2] http://www.csmonitor.com/USA/2016/0503/Why-agricultural-industry-groups-could-soon-be-exempt-from-FOIA-laws [3] http://bigstory.ap.org/article/231f8c61b7624c66af974c673b066914/inside-washington-ag-groups-seek-exemption-scrutiny [4] http://www.capitalpress.com/Nation_World/Nation/20160428/commodity-groups-seek-freedom-of-information-exemption-for-checkoff-boards [5] https://www.theguardian.com/business/2016/may/02/food-producers-congress-lobbying-foia-united-egg-producers [6] http://fortune.com/2016/05/02/wheres-the-beef-you-wont-be-able-to-find-out-if-agricultural-groups-get-their-way/ [7] http://www.npr.org/sections/thesalt/2016/05/02/476163064/under-attack-commodity-promotion-programs-try-to-hide-their-emails [8] https://www.sej.org/category/sej-publication/watchdog-tipsheet [9] https://www.sej.org/taxonomy/term/81