Brecheen: Ranchers and Farmers Deserve a Voice on Regulatory Overreach

By Congressman Josh Brecheen

Agricultural production is already challenging enough given high input costs and low profit margins. Unfortunately, the Biden Administration and D.C. bureaucrats are placing more hurdles in front of those of us that raise livestock and those who raise crops.

One major overreach by the Biden Administration concerns a new Food and Drug Administration (FDA) guidance, “GFI 263,” which restricts the use of commonly used livestock antibiotics, such as penicillin, LA 200/300 (oxytetracycline), sulfa-based antibiotics, gentamicin, and a host of other antibiotics that are often bought at local feed stores. This new FDA guidance, which went into effect on June 11th, requires a veterinarian to first issue livestock owners a prescription prior to use.

In order to stop this excessive overreach by unelected bureaucrats, I recently introduced The Stop Government Overreach in Ranching Act with my colleague Congressman Eric Burlison (R-MO).

Common sense says this new rule by the FDA will add expense and hardship on agricultural producers and will potentially result in some animals going untreated.

If you have a calf that develops pneumonia or scours, you ought to be able to address it in keeping with fifty plus years of proven livestock antibiotic use, without having to get a permission slip thanks to a suit-laden D. C. bureaucrat in a cubicle.

What happens if I discover a sick animal and it is not possible to obtain a script from a vet due to the distance, availability of the vet, and the clinics typical closing time?

Before this guidance, I could have gone to the local feed store five minutes down the road. This guidance will steal valuable time in treating sick animals and reduce inexpensive options. It will result in vets being forced to charge for their time, overloaded with requests from frustrated neighbors, and more costs for scripts and antibiotics—all the while, knowledgeable ranchers and farmers will keep buying the same antibiotics they always have for decades.

GFI 263 is part of a larger effort by the FDA and the World Health Organization to attempt at a reduction in antimicrobial resistance across the globe. Their attempt stands on extremely shaky ground, however, given countries import meat products from all over the world that do not and will not abide by the same level of regulation on agricultural antibiotic use.  China, for its part, is the largest consumer of agricultural antibiotics and out-doses the United States eight-to-one. Even scientists who are in favor of heavy restrictions and want to lessen animal protein consumption worldwide admit that “global enactment” of restrictions will “only go so far,” and that “current reforms will have limited success.”

The only winner, if this rule stands, will be the feel-good bureaucracy appeasing leftist World Health Organization (WHO) grand ideals.

Punishing farmers and ranchers with burdensome regulations has been a common theme under this Administration.

We saw it with the Waters of the United States (WOTUS) rule, which could have been used to regulate just about every source of water in the United States, including very small bodies of water on farms and ranches. Thankfully, the Supreme Court found this Biden rule to be unconstitutional.

We also are seeing it with an upcoming rule from the Federal Motor Carrier Safety Administration (FMCSA), which would require vehicles weighing over 26,000 pounds that are engaged in interstate commerce to be equipped with a speed limiting device. This device will be set to a maximum speed ensuring travel is not at the flow of other traffic.

The rule would negatively impact both the agricultural and trucking industries and include vehicles like livestock trailer/truck combos, grain trucks, and other large commercial vehicles.

As one common example pertaining to production agriculture, if someone in a dually is transporting a large tractor or implement combo on a flatbed trailer across state lines, under this rule, the federal government would require a speed limiter device when above 26,000 lbs.

That is why I recently introduced the DRIVE Act to prohibit the FMCSA from adopting this rule and leave such decisions in state hands, not federal. The state of Arkansas saw a greater number of vehicle-to-vehicle incidents when they attempted this type of speed variation requirement for those above 26,000 pounds, some years ago.  We should not repeat Arkansas mistake on a national scale.

Congress has a duty to stop all of these overreaches on the grounds of constitutionality. Article I, Section 1 of the U. S. Constitution states that “All legislative Powers herein granted shall be vested in a Congress of the United States.” Our Constitution does not give unelected bureaucrats the power to legislate.

During my time in Congress, I am committed to working towards reversing such patterns of government overreach where unaccountable bureaucrats are making decisions that have far-reaching consequences on Americans’ lives.


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