What Policy Gridlock? August Recess Begins with a Full Schedule Ahead

By Steven Harris, Director, Policy Development and Regulatory Compliance, Food Marketing Institute

Thursday night's GOP debate marked the end of the presidential primary preseason, just in time for the beginning of the congressional August recess. On Wednesday afternoon, Senate Majority Leader Mitch McConnell announced that the chamber would not hold any more votes for the week, postponing consideration of cybersecurity legislation (S. 754) until after the recess.  The House already adjourned for the district work period last week.  Both the House and Senate are scheduled to return after Labor Day on Tuesday, September 8.  During the recess, we urge FMI members to host members of Congress at their stores to help illustrate the potential impact of implementing new laws and regulations, especially for issues like menu labeling and overtime pay that are still being examined by the agencies.

Upon their return, lawmakers must pass a spending measure to keep the government funded past September 30.  While there has been some appropriations work done at the committee level, passing a short-term continuing resolution seems to be the most likely scenario to avert a government shutdown given the political environment.  September 30 also marks the expiration of the Child Nutrition Act, which authorizes childhood feeding programs, such as school lunches and WIC.  FMI recently sent a letter to members of the Senate Agriculture Committee to express our support for reauthorization and to outline our legislative priorities pertaining to WIC ahead of committee action in September.

While lawmakers are back in their states and districts, the regulatory agencies are still hard at work issuing new rulemakings.  We expect the Food and Drug Administration (FDA) to release final FSMA rules on preventive controls for both human and animal foods in August, with additional FSMA final rules expected in October.  Additionally, we anxiously await draft guidance on menu labeling, which FDA stated would be released this month. 

FMI will also be responding to the Department of Labor’s overtime proposal.  Comments are due by September 4 unless the agency grants an extension, which FMI and other employer organizations have sought.  FMI appreciates feedback on the overtime proposal, including responses to our questions that serve as a starting point in crafting our comments.  Specific examples of the burdens, costs and impact of the proposed rule are incredibly helpful.

The October 1 merchant liability shift for EMV payments, continued implementation of the health care law, the next transportation program funding expiration on October 29 and a whole host of other issues at both the federal and state levels are coming up for the industry soon, which makes your participation in the public policy process all the more important.  We also expect lawmakers to move a tax extenders package, pass a fix to the country of origin labeling regulation to comply with our international trade obligations, consider GMO labeling legislation in the Senate and hold a committee markup on menu labeling legislation (H.R. 2017); all within the next few months ahead.

FMI will be hosting its Government Relations Committee in Washington in early September to discuss our legislative strategy, address emerging issues and find new ways to work with policymakers to create an acceptable regulatory environment for the industry.

It’s funny how many new policies can be made on a daily basis in a city that is typically attributed with constant policy gridlock.  It is all about finding the right people and the proper context to navigate through it all and confront potential concerns on behalf of the industry.  Please don’t hesitate to let FMI know how we can help over the August legislative break.