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Food, Conservation, and Energy Act of 2008 ("Farm Bill")

Background Summary of Section 3205

On June 18, 2008, Congress passed the Food, Conservation, and Energy Act of 2008 ("Farm Bill"). Section 3205 (b) of this law establishes a Consultative Group to Eliminate the Use of Child Labor and Forced Labor in Imported Agricultural Products, to be composed of 13 members and chaired by the U.S. Department of Agriculture (USDA). The mandate of this Consultative Group is to "develop recommendations relating to guidelines to reduce the likelihood that agricultural products or commodities imported into the United States are produced with the use of forced labor and child labor."

The law assigns several specific duties to USDA and the Department of Labor (DOL), as detailed below. 

USDA will chair the Group, and must ensure that the following goals are achieved:

  • Section 3205 (c)(1): "... as applicable to the importation of agricultural products made with the use of child labor or forced labor, the Consultative Group shall develop, and submit to the Secretary, recommendations relating to a standard set of practices for independent, third-party monitoring and verification for the production, processing, and distribution of agricultural products or commodities to reduce the likelihood that agricultural products or commodities imported into the United States are produced with the use of forced labor or child labor."
  • Section 3205 (c)(2)(A): "Not later than 1 year after the date on which the Secretary receives recommendations under paragraph (1), the Secretary shall release guidelines for a voluntary initiative to enable entities to address issues raised by the Trafficking Victims Protection Act of 2000."
  • Section 3205 (h): Through 2012, reports must be submitted annually to Congress describing the activities and recommendations of the Consultative Group.

The law's specific mandates for DOL's Bureau of International Labor Affairs (ILAB) are:

  • Section 3205 (d)(2): "Membership in the Group will include the Deputy Under Secretary for International Affairs."
  • Section 3205 (d)(5):"2 members shall represent institutions of higher education and research institutions, as determined appropriate by [ILAB]."
  • Section 3205 (d)(7): "3 members shall represent [non-profit organizations] that have expertise on the issues of international child labor and do not possess a conflict of interest associated with establishment of the guidelines issued under subsection (c)(2), as determined by [ILAB], including representatives from consumer organizations and trade unions, if appropriate."

The Group will also include 1 representative from the Department of State, 3 from private agricultural enterprises, and 1 from an independent, third-party labor standards certification organization.  The Group will terminate its work on December 31, 2012.

Request for Nominations for the Consultative Group to Eliminate the Use of Child Labor and Forced Labor in Imported Agricultural Products

On January 21, 2009, the U.S. Department of Agriculture issued a Federal Register Notice inviting the public to nominate non-governmental members of the "Consultative Group to Eliminate the Use of Child Labor and Forced Labor in Imported Agricultural Products." Nominations included private agriculture-related enterprises; institutions of higher education and research; organizations that provide independent, third-party certification services for labor standards; and non-profit organizations with expertise in the areas of international child labor and forced labor. Nominations were due March 9, 2009. On April 29, 2009, a second Notice was published extending this deadline to May 13, 2009.

  • View the January 21, 2009 Federal Register Notice [Text] [PDF]
  • View the April 29, 2009 Federal Register Notice [Text] [PDF]

Members of Consultative Group Announced

On Sept. 23, 2009, Secretary of Agriculture Tom Vilsack announced the 13 members of the “Consultative Group to Eliminate the Use of Child Labor and Forced Labor in Imported Agricultural Products.”  The members are:

  • Burnham John "Bud" Philbrook (Chairperson), Deputy Under Secretary for Farm and Foreign Agricultural Services, U.S. Department of Agriculture
  • Ann Wright, Deputy Under Secretary for Marketing and Regulatory Programs, U.S. Department of Agriculture
  • Sandra Polaski, Deputy Undersecretary for International Affairs, U.S. Department of Labor
  • Michael Posner, Assistant Secretary of State for Democracy, Human Rights and Labor, U.S. Department of State
  • Bama Athreya, Executive Director, International Labor Rights Forum
  • Dorianne Beyer, Agricultural Labor Consultant, Social Accountability International
  • Eric Edmonds, Associate Professor of Economics, Dartmouth University
  • Kimberly Elliott, Senior Fellow, Center for Global Development, Visiting Fellow, Peterson Institute
  • Bill Guyton, President, World Cocoa Foundation
  • Dennis Macray, Director, Ethical Sourcing and Global Responsibility, Starbucks Coffee Co.
  • Edward Potter, Director, Global Workplace Rights, Coca-Cola Co.
  • Margaret Roggensack, Policy Director, Free the Slaves
  • Auret Van Heerden, President and CEO, Fair Labor Association