Zvaners says ABA resisting DOL, OSHA changes

SCOTTSDALE, ARIZ. – A range of regulatory actions, many by the Department of Labor (DOL), demand baking industry attention, said Rasma Zvaners, vice president of government relations for the American Bakers Association.

Zvaners offered bakers a rapid-fire regulatory/legislative update April 15 during the ABA annual meeting at the Westin Kierland Resort & Spa in Scottsdale. She spoke in an informal breakfast format titled – “The Gist Breakfast: Federal Policy Impacting the Baking Industry.”

Actions by the Labor Department are “coming fast and furious,” Zvaners said, describing as “concerning” many regulations that already have been finalized.

High on the list are rules around the classification of independent contractors, Zvaners said.

“That is an issue for us,” she said. “Many of our members are impacted by it. The compliance date was March of this year. We have not seen any changes in the regulation but rather litigation.”

While not a party to the litigation, the ABA has signed a friend of the court brief, Zvaners said.

“We will be weighing in to try to get some positive results there,” she said

Zvaners also commented on an overtime rule change proposed last year by the DOL.

Among changes incorporated in the rule was a threshold established of $60,000 per year of salary before an exemption starts, with a review of the figure to be required every three years.

“This is another one that has a significant concern,” Zvaners said.

Of a proposed rule from the Occupational Safety and Health Administration that would allow union representatives to participate in inspections of non-union facilities, Zvaners predicted that litigation would be forthcoming. Meanwhile, she said members have been asking what to do when OSHA comes to plants with a representative.

She said the ABA was encouraging bakers to put together protocols for inspections and to work with legal counsel. The ABA has been and remains opposed to the rule.

“OSHA’s job is to protect our workforce,” Zvaners said. “It’s not the agency’s role to facilitate union/non-union discussion.”

Regarding the 2025 dietary guidelines process, Zvaners said the Dietary Guidelines Advisory Committee next meets in May. She said an ABA focus last year was discussions around whether ultra-processed foods should be considered in the guidelines.

“That conversation has diminished some,” she said

Toward an idea raised by the committee to include other staple carbohydrates in the grains category, including legumes, sweet potatoes and other orange and yellow vegetables, Zvaners said, “We weighed in heavily, saying grains need to remain the grains and the vegetables are already recognized in a category.”

She said the ABA has expressed concern about the Food and Drug Administration’s plan to generate further voluntary sodium reduction guidance this year.

“We’ve strongly encouraged the FDA that before they make decisions going forward, they should see what the results were from the first round of voluntary sodium reductions to see where we’ve progressed,” she said. “Some in the food sector have slowly worked to reduce sodium levels, but we also want to be sure FDA is benchmarking before they go ahead and issue additional voluntary guidance.”

Summarizing ABA’s legislative priorities, Zvaners said the group is “exploring all opportunities” regarding workforce issues contributing to labor shortages. While not specifying exactly what may be pursued, she said ABA is looking for ways to leverage the business community more broadly and looking for legislative proposals “we can engage in.”

Regarding tax policy, the ABA is looking for opportunities for full and immediate expensing of all equipment purchases as well as research and development tax relief. Proposals to that effect have been “caught up in the Senate,” she said.

Finally, while the ABA has not been successful in overhauling the sugar program in the past, Zvaners said it is hoped some modifications of the program may be possible in the next farm bill.

“We are looking for ‘things we can do around the edges’ for our members,” she said.