The opening of farmers markets keeps small Oregon growers busy this time of year, picking, packing and selling their produce.

But rather than being focused on their fields, many are watching Washington, D.C., where they fear their fate could be sealed by a food safety bill.

The Food Safety Modernization Act before the U.S. Senate would bolster the

and tighten regulations, overhauling a system that dates to 1906.

There's been virtually no outcry from large producers over the bill. But a number of small farmers in Oregon -- and elsewhere -- say it would add an unfair burden, putting many of them out of business.

"All farmers are for food safety," said Scott Frost, the 53-year-old owner of Nature's Fountain Farm in Albany, which produces fruits and vegetables for farmers markets and restaurants. "But this could make farmers markets go away. The only guys left standing in the room will be the big gorillas."

On Saturday, he handed out fliers to vendors at the Portland farmers market in the South Park Blocks, urging them to contact Oregon's Sens. Ron Wyden and Jeff Merkley about the bill. He wants them to support an exclusion for small farmers.

As it stands now, the bill would force producers that fall under the FDA to enact food safety procedures and keep detailed records about where their food is sold so it can be traced in the event of a recall or outbreak. Facilities would be charged fees, and inspections would be stepped up, especially targeting producers of food considered a high risk for harmful bacteria.

The bill, which would give the FDA recall authority, follows successive waves of food poisoning outbreaks that have touched everything from peanuts to produce. The Centers for Disease Control and Prevention estimates that every year 76 million people get sick and 5,000 die from food poisoning.

Food safety advocates -- including President Barack Obama's administration -- say something must be done.

Small farmers agree that food safety is a priority, but they say this bill -- and one already passed by the House -- would hurt smaller operations that can't afford to hire food safety staffs and pay for expensive laboratory testing.

Even the $500 fee included in the House bill is too much for some.

"I don't make much money," said Gus Wahner, a 61-year-old organic grower in Stanfield, who owns Way of Life Farms. "If you're making $15,000 a year, it's a big hit."

Oregon has nearly 40,000 farms, according to the

. More than 60 percent are small, selling less than $10,000 worth of agricultural products a year.

Many small growers survive by selling directly to markets or supplying member-based Community Supported Agriculture networks with fresh produce.

These farmers want the legislation to take their size and means into account.

"They're concerned about a one-size-fits-all approach," said Chris Schreiner, executive director of Oregon Tilth, which certifies organic growers in the United States and Mexico. "They want a more risk-based approach."

One of the chief complaints has to do with record-keeping. Under the bill, growers and processors would have keep track of where the food is distributed so it can be traced and recalled quickly in the event of contamination or an outbreak.

But many small farmers in Oregon say they don't need to keep records on their customers because they know them personally. They think such record-keeping would waste their time.

"When you are a small farm, you have to hire someone to do the paperwork or do it yourself," said Anthony Boutard, the 55-year-old owner of Ayers Creek Farm in Gaston. "If it takes 20 hours a week, those are 20 hours I'm not farming."

Under U.S. Department of Agriculture rules, organic farmers such as Boutard have to maintain detailed records to keep their certification, and they get inspected once a year.

"The biggest concern is that the bill doesn't really take into account the strenuous measures that certified organic growers are already doing," said Garth Kahl, 42, who owns the organic Common Treasury Farm west of Corvallis and works for Oregon Tilth. "It's the small growers who are growing high-quality food and selling it to consumers."

Boutard says small farmers are not the problem.

"I think the legislation overreaches and goes beyond where the actual problem lies," he said. "We are not the ones causing food-borne illnesses. That's coming from large farms that are doing mechanized harvesting."

Although big operations have caused many high-profile outbreaks, small farms can poison people, too.

In 2005, more than 80 people in Oregon and Washington were sickened in an outbreak of E. coli O157:H7 that was traced to a small parsley grower in Clackamas County.

And in 2008, 13 people fell ill in the two states in another E. coli O157:H7 outbreak caused by a small grower of spinach in Washington.

William Keene, senior epidemiologist with the state Public Health Division, says 10 other outbreaks in Oregon since 2005 were traced to small growers or processors.

"Small operations can and do cause outbreaks," he said. "There are no data to suggest that small farms or food processors are any less risky than big ones."

Small operations just don't sell to as many people.

But they do have a strong supporter in the Senate. Jon Tester, a Democratic senator from Montana and an organic farmer, plans to introduce an amendment to the bill that would exclude growers and processors who earn less than $500,000 a year or sell to farmers markets.

If it passes, it would cover all but 1,800 farms in Oregon.

"If they can get us an exemption, I'm fine with that because that will leave things the way they are," Albany farmer Scott Frost said. "We don't need this kind of legislation for our local food system."

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