By Grace Hussain for Sentient.
Broadcast version by Nadia Ramlagan for Kentucky News Connection reporting for the Sentient-Public News Service Collaboration

Kentucky is one of the latest states to take aim at undercover investigations of factory farms. Passed after a legislative override of Governor Beshear's veto on April 12, Senate Bill 16 prevents unauthorized filming, pictures or audio recording of food processing plants and meat and dairy operations. The law targets small and large producers - including Tyson Foods, whose lobbyist helped draft the bill. But SB16 is also unique from past ag-gag legislation, as the bill's proponents sought to ban use of drones for investigations.

Historically, ag-gag laws are bills that make it illegal to film inside factory farms and slaughterhouses without the owner's permission. The new Kentucky measure fits that description, but also includes the anti-drone component, and a prohibition on recording any "part, procedure or action" of a factory farm or food processing plant. Critics of the law say its broad language makes it vulnerable to a First Amendment challenge in court, which was the fate for ag gag laws passed in Kansas and Idaho.

Drones Under the Law

Commercial drone pilots are subject to the Federal Aviation Administration's oversight. This includes regulations that set federal no-fly zones, limits on how high they can fly, identification standards and permitting requirements. Earlier this year, the federal agency took steps to beef up drone governance by implementing a rule referred to as Remote ID, which requires that drones be remotely identifiable using long range monitors. There are only a handful of areas in which the ID is not necessary - most run by drone schools.

However, there are rules and then there is reality. "Drone laws are really hard to enforce," Kentucky-based commercial drone pilot Andrew Peckat, tells Sentient. That's especially true in rural areas where many industrial meat and dairy operations are located. "I imagine these facilities are in the middle of nowhere, and there's not going to be any flight restriction zones around them." Peckat sees regulations of drones as largely unenforceable. "I'm not going to have to apply for any permits," Peckat says, adding, "There's probably...going to be no way to figure out" who's taking the drone footage.

Critics Call Out Unintended Consequences

Opponents of the legislation argue that the language of Kentucky's SB16 is overly vague, which suggests that it could end up doing even more to shield the meat and dairy industry from the public eye. "I do think this is just so much broader than a typical Ag Gag bill," says Ashley Wilmes, who leads Kentucky Resources Council, a nonprofit aimed at conserving the state's natural resources.

According to Wilmes, the legislation leaves many unanswered questions, and that lack of clarity could discourage potential whistleblowers from coming forward. Wilmes isn't just concerned about undercover investigations either. If allowed to stand, the law could have implications for some of Kentucky Resources Council's current legal aid clients who want to monitor pollution. "We have clients that care considerably about water quality," she explains, some of whom live next to food processing facilities or factory farms, and have reached out to Wilmes for guidance about what they can and can't do under the new rule. "What if they see something, and they're documenting it from their own property?" she asks. The law is written so broadly, she says, that it's possible to conclude "that's now a crime," Wilmes says.

Tyson Behind the Push for the Legislation

Kentucky's ag gag legislation was sponsored by Senators John Schickel (R), Rick Girdler (R), Brandon Storm (R) and Robin Webb (D). During testimony before the agriculture committee, Senator Schickel revealed the bill was originally drafted by Steve Butts, who appeared to then hold the title of Senior Manager of Security at Tyson. Throughout the bill's progress through the legislature, lobbyist Ronald J. Pryor - who counts Tyson Foods and the Kentucky Poultry Federation among his clients - worked to get the law passed.

In a hearing before the state senate's agriculture committee, Graham Hall, a government affairs manager with Tyson Foods, testified that drones pose a threat to agricultural operations, citing incidents in North Carolina where a drone landed on a truck containing livestock. But there were no such incidents in Kentucky presented as evidence, though the multinational corporation did open a $355 million pork processing facility in the state in January.

Kentucky's Governor Beshear vetoed the measure, writing that "the bill diminishes transparency" in a statement accompanying his decision. With an overwhelming majority in both chambers however, state lawmakers overrode the governor's veto. Now the bill is poised to become law in mid-July of this year - 90 days after the conclusion of the legislative session.

One potential hitch could be a legal challenge however, as Kentucky Resource Council is in talks with other organizations to consider filing a lawsuit to strike down SB-16 for violating the First Amendment.

If successful, the lawsuit would force Kentucky's ag gag law to follow in the footsteps of so many ag gag laws passed before it in other states. One of the most recent decisions, in North Carolina, struck down a similar law, as lawmakers there sought to ban undercover investigations, but ultimately failed.


Grace Hussain wrote this article for Sentient.


get more stories like this via email

Rural communities across Massachusetts are benefiting from state grants aimed at strengthening the local food supply and building climate resilience.

State officials have awarded nearly $4 million to help farmers improve soil health, upgrade irrigation systems and prepare for extreme weather events, including the current critical drought conditions.

Ashley Randle, commissioner of the Massachusetts Department of Agricultural Resources, said farms are helping the state meet its ambitious climate goals.

"They're a mitigation and resilience strategy so that farms can be best positioned to withstand the changing weather conditions that they are facing," Randle explained.

Randle pointed out grants will help farms improve efficiency and environmental controls and reduce greenhouse gases. Massachusetts has set a goal of reaching net-zero emissions by 2050.

From cranberries to oysters, the majority of farms in Massachusetts are smaller, family-owned operations. Randle noted grants will help farmers purchase high tunnels and other equipment needed to extend their production season. She emphasized it helps secure jobs and provides income to local economies during the winter months.

"All of these grants are really helping to ensure that we have a stable food supply," Randle stressed. "And to continue to grow and adapt should there be climate change impacts like we saw last year that devastated the sector."

Last year, a deep freeze in February spoiled the peach crop while a late frost in May damaged most tree fruits. Significant flooding last summer severely damaged 13,000 acres, resulting in more than $65 million in losses. Randle added farms often face unpredictable factors but grant programs can help them adapt and thrive in the face of uncertainty.


get more stories like this via email

A Missouri-based farm group is fighting to keep the proposed "FARM Act" from becoming law, warning it would benefit large corporate farms at the expense of smaller ones.

The Farm Action Fund, a nonpartisan advocacy group, contended the proposed legislation in Congress, which is an extension of the five-year Farm Bill, would funnel more money to big corporate farms, giving them an unfair advantage and making it harder for small and mid-sized farms to survive.

Joe Maxwell, president of the Farm Action Fund, believes the legislation is making history but not in a good way.

"As far as I know, and I've been doing this for about 40 years, it's the first time there's been policy that would discriminate among the commodity crop growers in the United States, saying that the largest ones get more money," Maxwell explained. "Oftentimes, they're the ones that need the least money."

The National Farm Coalition reported 20% of farms control nearly 70% of U.S. farmland, which it said shows significant consolidation. If passed, The FARM Act would allocate around $21 billion in aid.

Nearly 90% of Missouri farms are smaller, family-owned operations. According to the U.S. Department of Agriculture, small farms are the backbone of U.S. agriculture. They make up 88% of all farms, controlling nearly half of the nation's farmland. Maxwell pointed out his organization is urging them to take a stand on the FARM Act, because the competition is formidable.

"I think it's the power of the dollar expressing itself in the halls of our United States Capitol," Maxwell contended. "The largest farmers have brought in the lobbyists and the trade organizations, to give them an upper hand."

Rep. Mark Alford, R-Mo., and Rep. Sam Graves, R-Mo., are cosponsors of the FARM Act.


get more stories like this via email

As President-elect Donald Trump is sworn in next month, the farming community wonders if he'll follow through on tariff threats. One expert says for top soybean states such as North Dakota, farmers aren't in a great position to withstand any fallout.

The latest U.S. Department of Agriculture farm income forecast paints a gloomy picture, with declines in commodity prices dragging things down. And the incoming administration appears poised to enact more tariffs - as it did during Trump's first term.

Ben Palen, who runs the consulting firm Ag Management Partners, said this time around, there's increased political instability on the global front and greater export competition.

"I just don't think that you can have a coherent and consistent policy for agriculture if you go from one crisis to another," he said.

Trump regained strong support from agricultural counties in this election, but Palen said his fellow producers need to be prepared for what happens now that the votes have been counted. In Trump's first term, emergency aid was sent to farmers affected by the initial trade war. But Palen noted there's a strong push for the new administration to pursue budget cuts, so financial relief could be harder to come by.

Even though many farmers still back Trump, Palen said he feels this sector doesn't want to get swept up in trade rhetoric and have to be bailed out.

"I think farmers are very good at production," he said. "It's just part of our DNA; we want to produce, produce, produce."

He argued that it's up to policymakers to find new markets for farmers to sell their crops, as opposed to simply focusing on trade disputes.

Other voices, such as the Texas agriculture commissioner, have welcomed the idea of new tariffs, saying the U.S. needs to hold firm against countries such as China.

In the first trade war, U.S. agricultural export losses exceeded $27 billion.


get more stories like this via email