CADMIUM IN SPINACH: Best Practices Being Explored

January 4th, 2016

For the better part of two years now, Western Growers has been working with other interested parties to learn how naturally-occurring cadmium might be taken up by fresh produce items, understand the implications to public health and to develop a methodology to proactively address the issue of cadmium in the diet.  We are particularly interested in cadmium in spinach, a commodity known to accumulate and concentrate this chemical element.

Through industry and government sampling programs, we now know that among dark leafy greens such as romaine, kale and spinach, only spinach seems to be of concern.  The mean cadmium concentrations in spinach are above the levels seen in the U.S. Dietary Survey, indicating that California product exposes the public to higher levels than spinach produced in other areas.  Since California is the major supplier of spinach, the industry here has banded together to ensure that growers and handlers possess the most current information to promote both consumer and regulatory confidence in spinach safety.

This effort is centered on “Healthy Soils” (HIS) which was formed in early 2014 to provide funding and leadership to address any potential adverse public health impacts of naturally-occurring cadmium in spinach. HIS is a coalition of trade organizations led by Western Growers and the Grower Shipper Association of Central California, along with numerous concerned spinach growers and handlers that came together to contribute time and money.  The goals of the group are to: 1) conduct an industry representative sampling program to better understand the prevalence and range of concentration of naturally-occurring cadmium in spinach; 2) research agronomic and managerial practices that might reduce those concentrations where warranted; 3) educate growers and handlers; 4) equip the industry to respond to inquiries about this issue from regulators and buyers.

Here is some of what we know so far:

For cadmium in humans, the adverse effect occurs with chronic, life-long exposure to high levels of the element.  Studies have shown that if a person is exposed to high enough levels of dietary cadmium for a very long period, a person’s kidneys can be impacted.  Cadmium builds up in humans very slowly.  It takes from 25 to 40 years of a high cadmium diet to get levels to plateau in humans, and 40 years of low cadmium diet for these levels to go back down.  The kidney impacts that are of concern take decades of dietary exposure to humans before they would be observed.  The safe levels of dietary intake for cadmium, set by authorities such as the World Heath Organization and the Environmental Protection Agency, are for long periods of exposure (at least a month of high level exposures for both authorities though the effects take much longer periods of exposure).  Shorter-span exposures (such as the amount of cadmium in the food ingested during a single meal) are not even a subject of discussions in the documents produced by these authorities.

A single, short “excursion” from the normal levels of cadmium in leafy greens will not have any effect on human health, will not appreciably change the level of cadmium within the consumer, and will not in any way adversely impact those exposed.  Kidneys will not be impacted by a short-term “spike” due to dietary exposure from leafy greens.  If a single lot batch of a leafy green harvest has elevated levels of cadmium, a person may consume a few servings of the high-level greens over a week.  Several elevated meals with four-fold higher “excursion” of cadmium from normal levels is not going to have any significant impact on the cadmium levels within the consumer and certainly will have no impact on the kidney resulting from chronic, life-time exposures to high levels of cadmium.  If dietary cadmium caused short-term health effects, such as nausea, then short-term exposures would be a concern.  But cadmium does not.

But that does not mean that as an industry we do not need to work diligently to reduce cadmium levels in the diet.  So what can you do?

The first and perhaps most important thing to understand is whether your soils present a risk for cadmium uptake.  Select soils in California, including soils in parts of the Salinas Valley, have naturally elevated levels of cadmium (Cd); most California soils have less than 0.5 PPM total Cd but select soils have been measured at up to 9.0 ppm.  The second aspect to understand is the crop that is being contemplated for production in each block.  A survey of vegetable fields showed that crop Cd uptake is roughly proportional to soil Cd content, but crop differences in Cd accumulation are substantial. Spinach accumulates two to three times the amount of Cd as romaine on a fresh weight basis, and broccoli accumulates even less than romaine. While soil Cd level is the primary determinate of crop Cd uptake, other factors such as zinc to cadmium ratio, soil amendments, pH and chloride in water and soil can affect Cd uptake as well.

A key factor is zinc fertilization.  Zinc (Zn) and Cd are closely related ions.  Zinc is an essential plant nutrient, but Cd is not.  Plants are unable to distinguish well between these ions, and substantial uptake of Cd can occur if a high level of Cd is present in soil.  Increasing the ratio of soil-available Zn to Cd suppresses Cd uptake.  However, to significantly decrease Cd uptake, much higher levels of Zn application are needed than would typically be used to remedy a Zn deficiency. Across numerous field and pot trials, we have observed that applying 25-50 PPM elemental Zn on a soil dry weight basis (equivalent to 100-200 pound elemental Zn per acre foot of soil) suppressed Cd uptake by more than 40-60 percent.  In addition, the effectiveness of any Zn application is affected by factors such as the form of zinc and how it is incorporated into the soil.

Other soil amendments such as compost, biochar, and humic acid have also been evaluated.  It is believed that the high cation exchange capacity of these materials may sequester heavy metal ions such as Cd, making them less plant-available.  To date, the results are mixed with a field trial combining zinc sulfate with compost application resulting in greater reduction in Cd uptake in spinach while a pot trial with added biochar suppressing Cd uptake in one soil but not in another.  Humic acid materials have not reduced Cd uptake.

pH also plays a role with cadmium uptake as cadmium is more plant available at lower soil pH.  Liming is therefore theorized to decrease crop Cd uptake, but experiments in the Salinas Valley have shown decreased uptake in some trials and no effect in others.

Chloride (Cl) in irrigation water, and from fertilizers, can increase crop Cd uptake.  In a pot study, researchers observed that the uptake of Cd by spinach increased with increasing Cl in irrigation water, with Cl concentration above 100 PPM (approximately 3 meq/liter) causing the largest increase.  This suggests that fertilizers containing Cl should be avoided in fields where Cd uptake may be a problem, and use of low Cl irrigation water, if available, would be ideal for spinach production in such fields.

Western Growers is working to advance an industry program that will engage spinach growers in the review of risk and implementation of best management practices.  If we can solidify this program, it will demonstrate that industry is working together to limit cadmium uptake in foods.  We encourage you to engage with us in this endeavor and to reach out to learn more and support the development of this program.

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Posted in WG&S Magazine, January 2016 Issue | No Comments »

New California Employment Laws for 2016

January 4th, 2016

By Martin R. Glick, David J. Reis, Christopher T. Scanlan and Matthew R. Diton of the law firm Arnold & Porter

 

Effective January 1, 2016, new state laws will affect both public and private employers with employees working in California.  As is typical, almost all of the laws tilt the balance of workplace regulation further in favor of employees (and labor unions) at the expense of employers. Nonetheless—as in years past—it could have been worse; in particular, the governor vetoed several other employee-friendly bills, including a bill that, contrary to U.S. Supreme Court precedent, would have banned mandatory workplace arbitration agreements and policies.

 

New Piece-Rate Compensation Requirements
(AB 1513)

This new law codifying employers’ obligation to compensate “non-productive” time has attracted a fair amount of attention, though not all coverage of the bill has been particularly accurate.  The statute covers employees paid on a piece-rate compensation system (such as agricultural workers paid by the volume of crops they pick or car mechanics paid by the number of services they perform).  Those employees must now receive a “separate” hourly rate (calculated separately and additional to their piece rate earnings) for non-productive time, which, in essence, is working time where the employer is not providing the employee with piece-rate work: for example, performing non-piece-rate tasks or significant idle time.  Non-productive time for purposes of the law includes legally mandated paid rest and recovery periods (but not unpaid meal breaks).  The new law also provides a formula (essentially, a weighted hourly average) for rest and recovery time.  The bill’s benefits for employers are three-fold.  First, it clarifies the definition of other non-productive time as “…time under the employer’s control, exclusive of rest and recovery periods, that is not directly related to the activity being compensated on a piece-rate basis.”  This should eliminate claims that certain activities included and related to the employee’s productive time should be separately compensated.  Second, the bill provides several options for handling other non-productive time going forward, and exclusion from penalties in the case of good-faith error when calculating piece-rate workers’ other non-productive time compensation.  Third and finally, AB 1513 helps qualified employers eliminate pending litigation or threatened claims by providing a safe harbor they can enter by paying employees a fixed amount calculated without penalties.

PLANNING AND ACTION: Employers who have not yet done so should begin putting the new standard of piece-rate compensation into practice at their workplace, which may require rebuilding payroll and time-keeping systems and choosing appropriate options.  Employers should also determine litigation exposure and whether to avail themselves of the safe harbor.

 

Increased Requirements to Avoid Unequal Pay Because of Sex (SB 358)

SB 358 increases the State’s equal-pay requirements to remedy sex discrimination in compensation.  Under the new law, California employers now must pay equal pay to workers of both sexes for “substantially similar work” across all of their locations, as opposed to only equal pay for equal work in the same establishment.  The bill also places the burden on employers to affirmatively demonstrate that any wage disparities between sexes is based upon one or more specified factors, such as a seniority system, a merit system, a system that measures earnings by quantity or quality of production or a bona fide factor other than sex.  Further, the employer must demonstrate that the chosen factor is applied reasonably, and that the factors relied upon account for the entire differential.  Additionally, the bill reinforces existing laws that protect employees disclosing their own wages, discussing their wages with other employees and encouraging other employees to exercise their rights under the bill.  Finally, the bill increases an employer’s recordkeeping requirements from two years to three years.

PLANNING AND ACTION: Now more than ever is the time to give a good hard look at compensation systems, ideally under attorney-client privilege if the goal is to identify legal risks.  In particular, employers may want to consider adopting systems that contemporaneously document initial wage placement and subsequent wage adjustments.  Employers should also be aware that both regulators and plaintiffs’ lawyers have called into question employer policies that set starting wages in relation to the employee’s previous earnings; the concern is that previous earnings for women may reflect sex discrimination at the employee’s last job.  In addition, the newly announced standard for “substantially similar work” may require that internal and external comparators include other workers in the same job family or functional group even if they have different titles.  Record retention policies may also need to be revised to ensure records are kept for the required three years.

 

Increased Prohibitions on Using “E-Verify” (AB 622)

Current California law prohibits the state, or any of its subdivisions, from requiring an employer to use electronic employment verifications systems, such as E-Verify, except when required by federal law or as a condition of receiving federal funds.  AB 622 expands the definition of an unlawful employment practice to prohibit an employer from using the E-Verify system at a time or in a manner not required by a specified federal law or not authorized by a federal agency memorandum of understanding to check the employment authorization status of an existing employee or applicant who has not received an offer of employment, except as required by federal law or as a condition of receiving federal funds.  AB 622 also requires employers who use E-Verify to provide to the affected employee or applicant any notification issued by the Social Security Administration or the United States Department of Homeland Security containing information specific to the employee or applicant’s E-Verify case or any tentative non-confirmation notice.

PLANNING AND ACTION: Outside of federal government contractors, there are few California employers who are required to use E-Verify.  Employers who have been voluntarily using E-Verify should be aware of potential enforcement action after January 1, 2016, although the legislation may potentially be challenged as preempted by both current and proposed federal legislation.

 

Employers Permitted to Cure Certain Labor Code Violations Before Facing PAGA Lawsuits (AB 1506)

Approved by Governor Brown on October 2, 2015, and taking effect immediately, AB 1506 amends the Private Attorneys General Act of 2004 (PAGA) to provide employers 33 days from the postmarked date of an employee’s notice to the LWDA of the violation to cure any violation of Sections 226(a)(6) and (8).  These sections require employers to include certain pieces of information on employees’ wage statements, such as the name and address of the legal entity that is the employer and the inclusive dates of the period for which the employee is paid.  Under AB 1506, an employer may cure such defects by providing each affected employee with a fully compliant wage statement for each pay period for the three-year period prior to the date of the written notice.  While the cure period provides employers with protection against wage statement lawsuits seeking damages, it does not prevent employees from seeking statutory penalties under Section 226(e).  Importantly, employers are only permitted to cure such violations once within each 12-month period.

PLANNING AND ACTION: Ensure that wage statements include the name and address of the employer’s legal entity and the inclusive dates of the period for which the employee is paid.  Also, be prepared to act quickly to cure these violations in the event you receive notice of a labor code violation, in order to avoid costly PAGA suits.

 

New Retaliation Protections for Whistleblower Families
(AB 1509)

California’s whistleblower protections now protect the family members of whistleblowers.  Under the bill, an employer is prohibited from discharging or, in any manner, discriminating, retaliating, or taking adverse action against any employee who is a family member of a person who engaged in, or was perceived to engage in, protected conduct.

PLANNING AND ACTION: Consider revising standard anti-retaliation policies to prohibit retaliation against family members of those who engage in protected activity.  Such language could echo non-discrimination provisions that protect individuals who associate with members of protected classes.

 

California Minimum Wage to Increase on January 1, 2016

As a reminder, the California state minimum wage is set to increase from US$9.00 to US$10.00 on January 1, 2016.  All employers doing business in the state should be prepared to adjust any effected employees’ compensation accordingly.

 

 

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Posted in WG&S Magazine, January 2016 Issue | No Comments »

WG Chairman Cox: A Man Ahead of His Time

January 4th, 2016

When Larry Cox was a younger man, he fought a losing battle against the concept and eventual enactment of the North American Free Trade Agreement (NAFTA).  As a grower in 1991, he invested in 300 acres in a Mexican growing area near Mexicali, the year before NAFTA was enacted.

“When I was in college I lobbied against it reasoning that it would not be a good thing for California farmers,” he said.  But once it was on the certain path of becoming law, Cox reasoned that if it was bad for California farms it was probably going to be advantageous for Mexican farms.

The 2015/16 chairman of the board of Western Growers, lifelong Imperial Valley resident and farmer often showed his pragmatic side when recently discussing his career, farming and other issues facing farmers today.  In fact, his major goal as the top volunteer leader at Western Growers for the next year is to help the industry take advantage of the U.S. Department of Labor’s H-2A program.  Though he has never used the program as an employer, Cox said it is time to adopt whatever practices are available to fill the labor shortage that currently exists in agriculture.  He said it is clear that no legislative fix is imminent.  “We are not going to get a guest worker program,” he said matter-of-factly in assessing the current Congress’ stalled efforts toward immigration reform.  “We are at the precipice of a catastrophic labor shortage in California and Arizona.  We are looking at major crop losses and disastrous economic losses if we don’t start using the H-2A program.”

Cox admits to echoing the comments of the most recent WG chairman of the board, Vic Smith, who spoke of the almost-certain labor shortage during his outgoing chairman of the board address at WG’s Annual Meeting in November.  “The workers aren’t there to harvest the crops,“ Cox said.  ”At Coastline (a grower-shipper operation in which he is a partner), we had to disk under a six-acre cauliflower block on a very good market this year because we couldn’t get workers to harvest it.”

Cox believes situations like that will be commonplace if immediate action is not taken to ease the shortage.  Speaking in early December, he noted that many companies have applied for H-2A workers this year, but there is no guarantee enough workers will be granted to fill the needs.

Cox was born in the Imperial Valley, the youngest of four children in 1958 to grower Don Cox.  “My dad was a first generation farmer (in the Imperial Valley).  His dad, in fact both my grandfathers were airplane pilots who knew each other.”

The Cox family did have some farming background as one uncle and previous generations did farm in the Southern California towns of Tustin and Lakewood.  As urbanization took hold in Orange and Los Angeles counties, Don Cox, who had graduated from Berkeley, surveyed many different communities before deciding to move to Brawley and farm the land.  In those early years, sugar beets, alfalfa, barley and wheat were the main crops of the Cox operation.  Don Cox also got involved in fresh produce in the ensuing years, growing mostly tomatoes but also some lettuce crops every once in a while.

Larry’s older brother Mike followed in his father’s footsteps and established a 1,000 acre ranch near the Salton Sea when he entered the workplace.  An older sister and her husband also joined the family industry as they ventured out on their own as well.  By the time Larry was a junior in high school in the mid-1970s, his die was cast and he knew farming was in his blood and future.  “I grew up working on a farm.  In fact when I was in high school, my dad used to send me out to irrigate if I did anything wrong.  I spent a lot of time irrigating all night long as a junior and senior in high school.”

He went to Cal Poly San Luis Obispo and studied crop science, coming home with just enough information to think he was well educated.  He went to work with his dad and admitted that during the first six months they argued a lot about what to do.  “After about six months of disagreeing with him, I decided I can learn a lot from the guy and started to pay attention.”

Cox said that for the next five years, he and his dad would go to lunch every day at the Asia Cafe and talk about agriculture.  “I got a great education, though I appreciate it much more now than I did then.”

It wasn’t too long before he got to combine both his formal education and that received over countless lunches, and put it to good use.  Don Cox ran for and won a seat on the Imperial Irrigation District Board, and left the day to day running of the farm to Larry and his brother-in-law.  “He said a farm can’t have two masters and split the ranch up in 1985.  I managed half and my brother-in-law managed the other half.”

Besides running the family operation, Larry and his wife, Tina, started their own operation in the early 1990s and he also went into partnership on the Coastline operation.  And it was in the same time frame, that Larry Cox began farming in Mexicali.  Today, Lawrence Cox Ranches owns and manages about 4,000 acres in the Imperial Valley and another 3,000 in the Mexicali area.  Diversified farming is the key for both locations.  Imperial Valley has many different types of vegetables, onions for dehydration, sugar beets, melons, and citrus to name the bulk of the crops.  The Mexicali acreage is committed to more labor-intensive commodities such as green onions, asparagus, cauliflower, celery, Brussels sprouts, leeks and the like.

While Cox laments many of the adversities facing farmers in the southwest—regulations, lack of labor, drought, El Niño—he believes there are still many opportunities to prosper.  His two sons—Thomas and Travis—have joined the family business and they have many opportunities to succeed, but they are different opportunities than he had when he started 30 years ago.  “In the 1984, there was a crash in prices for all the commodity crops and there was about a 10-year period when no young people followed their families in the business.  But that has changed and there is a wide band of young people getting back into farming.”

Cox calls this group much smarter than he ever was with a technology skill set that will serve agriculture well for years to come.  He said this group is better equipped to handle the many challenges that face the industry.

Of course, he noted that the produce business is still ruled by supply and demand, and tends to thrive the best when calamity strikes, decreasing supplies and rising prices.  As Cox spoke in early December, the western vegetable industry was in such a period of good markets, and had been for several months.  “We do best when situations occur that we cannot control,” he noted.

Cox said if the industry can foresee a shortage, it will clearly overplant to it.  “We have snatched defeat from the jaws of victory so many times,” he quipped.

Assuming the chairmanship of Western Growers for 2016, Cox admits to being a bit more conservative than his predecessor, Vic Smith, who was chided the entire year for being a Democrat in a sea of Republicans.  But the pragmatic Cox sees that as very good for the industry.  “We need more Democrats like Vic Smith,” he said.  “He is incredibly intelligent and very caring.”

And besides, said Cox, it’s never good to have only one opinion in the room.  You need varied thoughts to question your own beliefs.

As he looked over his career and the successes he has had, Cox wanted to give credit where it was due.  He said he would be remiss if he didn’t single out his wife and the help she has given him, both in making decisions and raising the kids while he was out sowing the fields.

“I’ve made three great decisions in my life,” he said.  “Number 1, I accepted Jesus Christ as my savior.  Number two I convinced Tina to marry me and Number 3, I went into agriculture in the first place.”

Posted in January 2016 Issue | Comments Closed

Zwillinger Family Dates Back Four Generations

January 4th, 2016

Barry Zwillinger

Co-owner

Legend Produce

Dos Palos, CA

WG Member Since 1999

 

AN NYC BEGINNING:  Back near the beginning of the previous century, Edward Zwillinger led generations of his family to the produce industry by first pushing a produce cart in New York City and then eventually opening up Zwillinger Company as a produce brokerage.  He was the first in a line of produce people that have basically made their living selling fruits and vegetables—mostly cantaloupes—for the better part of the past century.

Edward was the father of Willie Zwillinger, the grandfather of Marty Zwillinger and the great grandfather of Barry Zwillinger, the co-owner and sales manager of Legend Produce.

 

CALIFORNIA BOUND: Willie Zwillinger worked with his father in New York City as a produce broker in the first half of the 20th Century, which is where his son Marty was born.  During the 1940s, Marty joined the service during World War II, serving as an airplane mechanic, while Willie headed out to California to establish a West Coast brokerage office in El Centro.  Marty, who participated in the Normandy invasion, got his discharge when the war ended and headed out to California to join his dad.  “He and three of his friends broke down in Texas,” said Barry.  “They couldn’t find any rubber to change their tires.  My grandfather had to put some tires on a fruit truck and have it stop in Texas so they could fix the car.”

Marty Zwillinger finally made it to the California desert and began working with his father.  By the early 1950s, Willie was still brokering in El Centro, while Marty was offering the same service in Salinas to East Coast buyers.

 

AN AFFAIR WITH CANTALOUPES:  The Zwillinger family’s fascination with cantaloupes began in 1955.  By then Marty and Willie were in the San Joaquin Valley, where they built a melon packaging shed, Keith Packing Company, in Firebaugh.  For the next several years—under the Popsy and Keith brand labels, the duo grew, packed and shipped cantaloupes from California’s San Joaquin Valley.  The “Keith” label was named after Marty’s first son (Barry’s brother), while “Popsy” was the name the grandkids called Willie.  In one way or another, the Zwillinger name has been in the cantaloupe business ever since.

As a point of reference, Barry has his grandfather’s old accounting books when he first planted melons.  “Back then, he had a budget of $146 per acre and used four acre-feet of water to produce the crop.  Today, it costs more than $1,500 per acre and we use less than half that amount of water.  In fact, we have one variety—Origami—where we only have to use about one acre-foot of water to make a crop.”

 

BARRY’S PATH:  After a few years of growing their own melons, both Willie and Marty settled into careers of selling melons.  Willie continued to operate as a broker through Zwillinger Company, while Marty worked for Tri-Produce and High Value Processors for most of his career.  Willie retired in the early 1980s while Marty exited the produce scene in the early 1990s.

By that time, Barry had already taken up the family business.  “I actually started working packing melons in 1976, when I was 16 years old.”

In fact, throughout his high school and college career, he worked in cantaloupe sheds in either the desert or the Central Valley.  While attending Arizona State University, Barry envisioned a music career and served as concert coordinator for ASU for about 24 months.  “After that I realized I wasn’t cut out for the music industry.  I started with Tri-Produce in 1980 during the summer and from 1982 to ’86 I worked full time with them.”

From 1986 to 1999, he practiced his profession of selling melons for High Value and Gold Rush Produce.  It was during that 1999 summer season that Barry Zwillinger—like his father and grandfather before him—took a crack at being a grower-shipper-packer as well as a salesman.  “With my partners, Pat Tucker and Jack Cancellieri, we opened up Legend Produce and we have become the largest U.S. supplier of cantaloupes.  We grow, harvest, pack and market them 12 months of the year.”

Barry takes care of the office, sales and marketing while Pat is the outside guy in charge of growing, harvesting and shipping.  Cancellieri helped put the deal together and continues as one of the partners in the operation.

Besides growing districts in California and Arizona that keep their coolers full from May into November, the firm also sources from Guatemala and Honduras from November through April.  The company has a sales office in Glendale, AZ, which is where Barry calls home, as well as the San Joaquin Valley and right outside of Cincinnati in Covington, KY.

 

THE FAMILY BUSINESS: The big question today is whether a fifth generation of Zwillingers will continue the family business.  Barry has two sons—one in college and the other in high school.  The older son, Mason, is studying finance at Barrett, The Honors College at ASU.  He is gearing toward a career in mergers and acquisitions in the financial industry.  However, his younger son Carson, who is in high school, currently does show an interest in the family business.  And Barry said he does have a nephew working alongside him on the Legend sales desk.

For fun, Barry and his wife, Melanie, and their two sons enjoy watching and participating in many sports activities with golf topping the list.  The sons have been active in many sports including basketball, baseball, volleyball and skiing.

Barry met Melanie in the spring of ‘92 when he was farming corn in eastern Arizona, though he said she is a city girl, not a farm girl.  They did live on a California ranch 60 miles from the nearest grocery store in the early years of their marriage, pre-children.  But the kids, and his wife’s desire to return to civilization, led to the move to Arizona as their full-time home.

 

THE WESTERN GROWERS CONNECTION: Since he began selling cantaloupes on the Tri-Produce sales desk 35 years ago, Barry Zwillinger says “Western Growers has been my ‘go-to’ organization for legal help, insurance, food safety or any industry needs.  And Matt McInerney and Tom Oliveri have been my ‘go-to’ guys.  For anything and everything I have to do in the produce industry, we turn to them.”

Posted in January 2016 Issue | Comments Closed

Nassif, Staff to Speak at Industry Events

January 5th, 2016

Western Growers kicks off 2016 with President and CEO Tom Nassif and the WG leadership team speaking at numerous agricultural conferences throughout California, Arizona and Colorado.

Scheduled speaking engagements are as follows:

Farm Foundation Round Table, January 6-8, 2016, Tucson, AZ: WG President and CEO Tom Nassif and WG Past Chairman A.G. Kawamura will be among the speakers at the Round Table, an invitational discussion forum comprised of government, academic and agribusiness leaders from across the food chain and across North America.

APMA 36TH Annual Forum, January 27-29, 2016, Monterey Plaza Hotel, Monterey, CA: The Agricultural Personnel Management Association’s Conference for Human Resource, Labor and Safety Professionals in the Agricultural Industry will feature keynotes and workshops on topics related to human resource management and employer practices. Among the speakers are WG Vice President and General Counsel Jason Resnick and Sr. Vice President Human Resources Karen Timmins who will be speaking about the H-2A Program and talent development, respectively.

Early Bird Discount Ends Today January 5th – Register Now!  

25th Annual Governor’s Forum on Colorado Agriculture, February 18, 2016, Renaissance Hotel, Denver, CO: The focus of the 2016 Governor’s Ag Forum will be “The Next Generation of Agriculture” and will feature numerous ag experts from around Colorado and the country, including WG’s Jason Resnick and WG members Robert Sakata (Sakata Farms) and Michael Hirakata (Hirakata Farms).

AgSafe Conference, February 23-26, 2016, Hyatt Regency Hotel & Spa, Monterey, CA: The AgSafe’s annual safety, health and human resources event provides owners, general managers, safety and human resources managers, and supervisors who work in the agricultural industry with more than 100 classes in both English and Spanish. WG’s Jason Resnick will moderate the California Regulatory Keynote discussion and Jon Alexander, General Counsel Western Growers Assurance Trust Affordable Care Act, will provide the Affordable Care Act Compliance and Reporting Update.

Stay tuned to Spotlight for additional information on each of these conferences. For more information, please contact Jason Resnick at (949) 885-2253.

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WG Offering Sexual Harassment Prevention Workshop

January 7th, 2016

If you own a business in California or do business here and your company has 50 or more employees, anyone who acts as a supervisor at your company must, by law, take sexual harassment prevention training. Even if you don’t have 50 employees or operate your business in California, training is strongly recommended to protect your business and employees – every company needs supervisors who know the law.

We understand many sexual harassment courses are expensive and are tailored to suit the needs of supervisors based in an office environment. However, they may not understand what managers in the agriculture industry go through outside of the office. We do.

That’s why Western Growers is offering sexual harassment prevention training courses next month in Santa Maria. As the leading partner in the growing and shipping industries, we know the unique challenges your managers face.

Send your managers to our in person, interactive, two-hour, AB-1825 and AB-2053 compliant workshop to:

  • learn the legal definitions of sexual harassment and employment discrimination
  • practice how to address issues
  • discuss legal obligations managers have to their employees
  • study the consequences of sexual harassment on individuals and your company
  • learn about abusive conduct in the workplace and why you need to address it

We offer courses in English and Spanish for a minimal cost:

  • Western Growers members: $50/attendee
  • Non-members: $70/attendee

Tuesday, February 23, 2016 – 10:00am to 12:00pm (English session) > REGISTER

Tuesday, February 23, 2016 – 2:00pm to 4:00pm (Spanish session) > REGISTER

If you have questions or would like to inquire about private training for your company, please contact Adriana Robles at [email protected].

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USDA Report Confirms that Pesticide Levels Pose No Risk

January 15th, 2016

According to a report from the U.S. Department of Agriculture’s (USDA) Pesticide Data Program (PDP) released this week, overall pesticide residue levels on fresh produce and others foods are below established tolerances and do not pose a safety concern for U.S. food.

The program’s 2014 annual summary shows that more than 99 percent of products sampled had residues below Environmental Protection Agency (EPA) tolerances, while 41 percent had no residues at all. Residues exceeding the tolerance were detected in only 0.36 percent of the samples tested.

Each year, USDA and EPA work together to identify foods to be tested on a rotating basis. The USDA tested for pesticides in 10,619 samples of food in 2014:

  • 8,582 samples of fruits and vegetables
  • 314 samples of oats
  • 314 samples of rice
  • 1,055 samples of infant formula
  • 354 samples of salmon

As they have done in past years, the Environmental Working Group (EWG) is expected to manipulate the data in the PDP report to use in its annual “Dirty Dozen” list. The list, which is expected to be released soon, is used by the group as a thinly-veiled fundraising tool. Unfortunately, instead of serving an educational purpose, the report only confuses consumers about pesticide residues and actually scares them into consuming fewer fruits and vegetables.

Even though the industry, in conjunction with the Alliance for Food and Farming, still works to counter the EWG’s fear mongering by disseminating the correct facts about fresh produce safety, main stream coverage of the report has all but disappeared over the years, signaling the media’s growing demand for science-based findings.

Interestingly, Forbes published an article yesterday examining fear-based marketing and the tactics used by groups such as the EWG to advance their agendas and initiatives.

Click here to read Forbes’ “How Marketers Use Fear Of Chemicals For Profit: 3 Easy Steps.”

For more information, contact Matt McInerney at (949) 885-2270.

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Over 100 New Members Join Western Growers to Round out 2015

January 14th, 2016

In case you haven’t noticed, your Association is growing. That’s right. Over 100 companies joined Western Growers during the last part of 2015 to take advantage of the Association’s many offerings.  From government affairs representation to insurance services and from human resources to transportation, WG provides a multitude of products and services that will improve your company’s bottom line. That is after all, our stated mission: to enhance the competitiveness and profitability of our members.

We welcome and thank our new members for joining. Your support is appreciated. We look forward to working with you and your employees through 2016 and beyond.

More than 50 cost-saving programs and services are available to you. To see those benefits, please CLICK HERE. 

For more information contact Rob Steinmann at (949) 885-2266.

REGULAR

C & F Farms Inc

Classic Yams Inc

D W Berry FarmS LLC

Gary Mamer Farms Inc

GC Farming LLC

Global Mushrooms LLC

Huebert Farms Inc

Irigoyen Farms Inc

Jerry Slough Farming Co

Morgan Farms

Priority Pollilnation

WJN Farms LLC

Woodspur Farming LLC

 

NON-FRESH REGULAR

Bergman Farms

Campos Family Farms LLC

Hilltop Ranch Inc

Ingomar Packing Company LLC

Kishi Bros Farms Inc

La Mancha Orchards

Lassen Land Co

Park Avenue Turf Inc

Roy A Johnson Farms

 

ASSOCIATE

Agri-Valley Irrigation Inc

Ag-Seeds Unlimited Inc

Ahlem Farms Jerseys

Ahlem Farms Partnership

Ahlem West

American Cooling Inc

Antinori California Inc

Ardzrooni Vineyard Management LLC

Atwater Merced Veterinary Clinic Inc

AVV Winery Co LLC

Bellinger Fostoer Steinmetz Inc

Blaisdell Trucking LLC

Bos Farms LP

Braden Farms Inc

C Mondavi & Family

Cal Coast Irrigation Inc

Cal Sierra Pipe LLC

Casa de Fruta

Cederlind Farms LP

Central California Seed Service Inc

Central City Labor

Charles Ahlem Ranch

Chris de Jong Dairy

CMA Livestock

Correa Pallet Inc

Dark Horse Express

Diamond H Dairy

Direct Produce Inc

Double Creek Dairy

Double Cross Dairy Inc

Farmers’ Payroll Service

Frings Ranch

Gardening Unlimited Inc

Gonzales Market Inc

Goyenetche Dairy

Heredia Farm Labor

Jackson-Mitchell Inc

James Ahlem Dairy

Johnston Nurseries

Kings Mosquito Abatement District

Kruger Foods Inc

Lambert Bridge

Lindsay-Strathmore Irrigation District

M A Garcia Agrilabor Inc

M Page Enterprises Inc

Mayne Tree Expert Company Inc

Merced River Farms

MF Rosa Dairy

Milk Made Dairy

Monterey County Farm Bureau

North American Seed Co Inc

Organic West Milk Inc

Pahlmeyer LLC

Parkview Dairy

Partners Alliance Cold Storage Inc

Patz & Hall Wine Company Inc

PriceCo Foods

Rehrig Pacific Company

Robert Biale Vineyards

Souza Dairy Inc

Succulent Gardens LLC

Sunland Farming LLC

Sweet Earth Inc

TerrAvion

The Morning Star Company

Tierra Buena Ranch

Trans Valley Transport Inc

Warren & Baerg Manufacturing Inc

West Coast Diesel Service

Westerlay Orchids LP

Wickstrom Dairies LP

Wine Service Cooperative

Yuba City Steel Products Co Inc

 

NATIONAL

Buena Vida Farm

GeoVisual Technologies Inc

Johnny’s Selected Seeds

NatureSeal Inc

Outlaw Apiaries

Tuxedo Corn Co

VisuGen Global LLC

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WG at the 2016 World Ag Expo

January 12th, 2016

Visit the Western Growers Insurance Services (WGIS) booth at World Ag Expo in Tulare, California, February 9 – 11. Come by to find out about our latest products and services for agriculture companies like yours! We’ll be at Booth #4009.

Can’t wait until next week to learn more? Contact Greg Nelson at (949) 300-1495 or call (800) 333-4WGA (942) today for information about:

·         Workers’ Compensation

·         Crop Protection

·         Property & Casualty Insurance

·         Health Insurance and much more!

We look forward to seeing you there!

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CDFA Issues 2016 Asian Citrus Psyllid Quarantine Update

January 15th, 2016

The California Department of Food And Agriculture (CDFA) issued the following press release that provides an update on Asian Citrus Psyllid Quarantines for 2016 (WG is including an excerpt of the release here. A link to the full release can be found at the bottom of this piece.):

Quarantine expansion in Central Valley, continued vigilance statewide

Agricultural officials and citrus farmers continue to work with California residents and other stakeholders to control the spread of the Asian citrus psyllid (ACP), a citrus pest of grave concern because it can spread a devastating disease that is fatal to citrus trees – huanglongbing (HLB), also known as citrus greening. 

Quarantines for ACP provide a mechanism for controlling the movement of plants and plant materials that may harbor the insect. These regulations give residents specific information and instructions to help protect citrus trees in their own yards as well as parks and communities.
 
Here’s an update on expansions of the areas under quarantine in the Central Valley due to recent detections of ACP. In Kern County, following the detection of multiple ACPs in and around the City of Bakersfield, an existing quarantine was expanded by 28 square miles. Due to a single detection of ACP in the Mettler area of Kern County, a new quarantine measuring 114 square miles has been added.  In San Joaquin County, a single detection of ACP in an unincorporated area near the City of Stockton expanded an existing quarantine by 94 square miles. And in Madera County, following the detection of one ACP in the Sumner Hill area, an existing quarantine was expanded by 84 square miles. This quarantine zone also takes in a portion of Fresno County along its border with Madera County.  The total square miles under quarantine for ACP in Fresno (174), Kern (1,260), Madera (225), Merced (17), San Joaquin (294), Stanislaus (84), and Tulare (4,838) counties is 6,892. The total for the state is 53,087 square miles. The quarantine maps for all counties are available online at: www.cdfa.ca.gov/go/acp-maps. Please check this link for future quarantine expansions in these counties.  Quarantines in new counties will be announced separately.
 
ACP county-wide quarantines remain in place in Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, Tulare and Ventura Counties, with portions of Alameda, Fresno, Kern, Madera, Merced, San Benito, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Clara, and Stanislaus counties also under quarantine.
 

CLICK HERE for a link to the full release

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Register for Produce Safety Rule Lunch & Learn Webinar on January 27

January 20th, 2016

When the Produce Safety Rule goes into effect on January 26, most companies will have two years or less to become compliant with the new standards.  Are you FSMA Ready?  Whether you think you are or not, Western Growers urges members to register and participate in our upcoming Lunch and Learn Webinar on the Produce Safety Rule.    

Since its formal adoption, Western Growers has been working to develop resources to assist members with readying their businesses for this important event. During the webinar, we will discuss key provisions in the rule and inform members about the resources Western Growers is developing to assist you with the implementation of this rule.

Webinar Details

Lunch & Learn Webinar: Are you FSMA ready? Part 1: Produce Safety Rule

Wednesday, January 27, 2016 – 11:30 a.m. to 12:30 p.m.

WG MEMBERS REGISTER HERE

Participation is complimentary and available ONLY to WG members

For more information, contact Sonia Salas at (949) 885-2251.

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Call Out for Growers to Test New Ag Tech Mobile App

January 22nd, 2016

HeavyConnect is seeking growers who will be interested in using the company’s new time card app for field-based employees and providing feedback.

HeavyConnect, one of the six companies currently working out of the Western Grower’s Center for Innovation & Technology, is a startup dedicated to creating technologically advanced tools to support growers. They are in the process of finalizing their employee time card app and are looking for “design partners” to help customize the product to meet the demanding needs of all Western Growers’ members.

How the employee time card app currently works
The app replaces paper time cards and the old time punch system. Depending on the method that works best for the organization, crew leaders can gather time worked for their crews, input it into the app and digitally sign the time card. This information is automatically sent to a spreadsheet where payroll can easily pull the data. Other features will depend on WG member feedback.

This is a unique opportunity for any WG member to customize technology to meet their specific needs. If you are interested in testing this new operation management software, please contact Stephanie Kettering at (949) 885-2364. 

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January 27 Webinar to Discuss Produce Safety Rule

January 22nd, 2016

When the Produce Safety Rule goes into effect on January 26, most companies will have two years or less to become compliant with the new standards. Are you FSMA Ready? Whether you think you are or not, Western Growers urges members to register and participate in our upcoming Lunch and Learn Webinar on the Produce Safety Rule.   

 Since its formal adoption, Western Growers has been working to develop resources to assist members with readying their businesses for this important event. During the webinar, we will discuss key provisions in the rule and inform members about the resources Western Growers is developing to assist you with the implementation of this rule.

Webinar Details

Lunch & Learn Webinar: Are you FSMA ready? Part 1: Produce Safety Rule

Wednesday, January 27, 2016 – 11:30 a.m. to 12:30 p.m.

WG MEMBERS REGISTER HERE

Participation is complimentary and available ONLY to WG members.

For more information, contact Sonia Salas at (949) 885-2251.

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WG Leaders to Speak at APMA 36TH Annual Forum on January 27-29 in Monterey

January 21st, 2016

Plan to attend the Agricultural Personnel Management Association’s Conference for Human Resource, Labor and Safety Professionals in the Agricultural Industry, at a beautiful ocean front venue located in the heart of the historic Cannery Row and near many Monterey Bay area attractions. The APMA Forum will feature an outstanding program for HR and Safety professionals including:

*Keynotes by California Agricultural Labor Relations Board Chairman William Gould and former Secretary of CDFA and WG Past Chairman A.G. Kawamura, among other distinguished speakers.

*Workshops featuring WG Vice President and General Counsel Jason Resnick; Sr. Vice President Human Resources, Karen Timmins; and other industry experts, include the following:

  • Labor Roundtable: The H-2A Program – Compliance and Best Practices
    Moderator: Jason Resnick; Panelists: Carmen Ponce, Vice President and General Counsel – Labor, Tanimura & Antle; and Susan Quale, Vice President of Human Resources – Sierra Cascade Nursery, Inc.
  • Is H-2A for You?
    Presenters: Jason Resnick and Dax Deason (Founder – Deason Law, PC).
  • Succession Planning and Talent Development
    Presenter: Karen Timmins.
  • 2016 Labor and Employment Law Update
    Presenters: Jason Resnick and Patrick Moody (Shareholder – Barsamian & Moody).

Register Now!  

For more information, contact Jason Resnick at (949) 885-2253. 

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TOMORROW 1/27 — FSMA Produce Safety Rule Lunch & Learn Webinar

January 26th, 2016

The FDA’s Produce Safety Rule goes into effect January 26. Most companies will have two years or less to become compliant with the new standards. Some companies will have as little as a year while others may need to maintain certain records to support their eligibility for modified requirements. 

Are you FSMA Ready? Whether you think you are or not, Western Growers urges members to register and participate in our upcoming Lunch and Learn Webinar on the Produce Safety Rule.   

Since its formal adoption, Western Growers has been working to develop resources to assist members with readying their businesses for this important event. During the webinar, we will discuss key provisions in the rule and inform members about the resources Western Growers is developing to assist you with the implementation of this rule.

Webinar Details

Lunch & Learn Webinar: Are you FSMA ready? Part 1: Produce Safety Rule

Wednesday, January 27, 2016 – 11:30 a.m. to 12:30 p.m. PST

WG MEMBERS REGISTER HERE

Participation is complimentary and available to WG members.

For more information, contact Sonia Salas at (949) 885-2251.

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WG Invites You to Attend the World Agri-Tech Summit March 16-17

January 26th, 2016

Western Growers invites you to attend the World Agri-Tech Investment Summit in San Francisco on March 16-17, 2016. The summit will bring together agribusiness leaders, agtech innovation drivers, venture capital investors and technology developers from around the world to discuss the future of agriculture and develop ideas to achieve transformational change in the industry.

The event, which is part of the annual World Agri-Tech Investment Series, will focus on fostering interactive debate, generating networking opportunities and showcasing the latest technologies amongst the brightest minds in agtech today. Western Growers is a proud partner of the World Agri-Tech Investment Series.

You can view the summit’s agenda here. Speakers include the following: 

  • David Fischhoff, Chief Scientist, CLIMATE CORPORATION, USA
  • James Blome, President & CEO, BAYER CROPSCIENCE, USA
  • Robert Fraley, CTO, MONSANTO, USA
  • Matt Waits, CEO, SST SOFTWARE, USA
  • Federico Trucco, CEO, BIOCERES, ARGENTINA
  • Robert Berendes, Co-Owner and Partner, A-CONNECT, SWITZERLAND
  • Steve Webb, New Technology Leader, DOW AGROSCIENCES, USA
  • Tom Laurita, CEO, NEW LEAF SYMBIOTICS, USA
  • Pat Christie, CEO, CONSERVIS, USA
  • Damien Lepoutre, President, GEOSYS, USA
  • Jeff Keiser, Vice President, ITERIS, USA 

All Western Growers members save $300 off registration. Please quote WGA16 when booking. To register, visit: http://www.worldagritechusa.com/.

For more information, please contact [email protected]. 

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Visit the WG Booth at the World Ag Expo February 9-11

January 26th, 2016

Visit the Western Growers Insurance Services (WGIS) booth at World Ag Expo in Tulare, California, February 9 – 11. Come by to find out about our latest products and services for agriculture companies like yours! We’ll be at Booth #4009.

Can’t wait until next week to learn more? Contact Greg Nelson at (949) 300-1495 or call (800) 333-4WGA (942) today for information about:

·         Workers’ Compensation

·         Crop Protection

·         Property & Casualty Insurance

·         Health Insurance and much more!

We look forward to seeing you there!

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AgSafe Conference on February 23-26 Features More than 100 Classes and Workshops

January 28th, 2016

Don’t miss the Annual AgSafe Conference—the premier safety, health and human resources event for the agricultural industry in California—on February 23-26, 2016 at the Hyatt Regency Hotel in Monterey. AgSafe is one of the premier safety organizations in California focused on worker and workplace safety. The conference involves several days of training sessions for workers and employers with over 100 presentations in English and Spanish regarding safety, management, regulatory and other agriculture related issues. 

This year is a special year for AgSafe as it celebrates its 25th year of operation. Western Growers has worked closely with AgSafe on a number of worker safety issues and is a major sponsor of the event.  Western Growers general counsels, Jonathan Alexander and Jason Resnick, will be presenters at the event:

Jason Resnick, Western Growers’ Vice President & General Counsel, will moderate the California Regulatory Keynote discussion featuring Brian Leahy, Director State of California, Department of Pesticide Regulation; and Christine Baker, Director State of California, Department of Industrial Relations.

Jon Alexander, General Counsel Western Growers Assurance Trust Affordable Care Act, will provide the Affordable Care Act Compliance and Reporting Update.

The conference attracts one of the largest and most diverse groups of employers and business organizations in agriculture with more than 1,000 attendees each year. For more information regarding the conference, visit the AgSafe Conference website.

Please contact Jason Resnick at (949) 885-2253 for any questions about the event.

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PRESS RELEASE: Western Growers Hires David Duvall to Bolster Insurance Program Development

January 4th, 2016

Veteran Brings More Than Two Decades of Experience in Property and Casualty Programs 

IRVINE, Calif. (January 4, 2016) – Western Growers is pleased to announce the recent hire of David Duvall, who will join the insurance services team as Program Development Director. In this role, Duvall will be responsible for developing association-based property and casualty solutions for our members.

“We are thrilled to bring someone of David’s caliber to the Western Growers’ team,” said Jeff Gullickson, Senior Vice President of Western Growers Insurance Services. “David’s 30-year track record of developing progressive insurance-based solutions will be crucial in supporting Western Growers’ mission of offering programs tailored to specific member needs. As our members face an increasingly complex regulatory environment and are being exposed to greater levels of risk than ever before, our insurance brokerage must continue evolving to meet the unique needs of the agriculture industry. With David’s background and expertise, we will be able to expand our offerings to provide innovative solutions to the most pressing challenges facing our members, both domestically and internationally. I am confident that the addition of David will allow Western Growers to augment its already stellar reputation in the marketplace.”

Duvall most recently served as the Southern California Underwriting Manager for Safety National Insurance Company, where he was responsible for leading the marketing and underwriting team and for servicing large casualty accounts throughout the southwest. Duvall previously served as the regional vice president of the Western region for Patriot National Insurance Group.

“I am honored to become part of an organization dedicated to serving such an incredible industry and am committed to bringing the ingenuity and hard work to Western Growers that our members come to expect,” Duvall said. “Western Growers’ mission is to enhance the competitiveness and profitability of our members. My goal is to work intimately with them to develop creative insurance products that will mitigate their risk exposures and allow us to accomplish our mission.”

Duvall holds a master’s degree in insurance and risk management from Golden Gate University and a bachelor of arts degree in political science from Iowa State University. 

 

 

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Western Growers Hires David Duvall to Bolster Insurance Program Development

January 5th, 2016

With a 30-year track record of developing innovative insurance-based solutions, David Duvall joins the Western Growers insurance services team as Program Development Director.

In this role, Duvall is responsible for developing association-based property and casualty solutions for our members. Full press release.

For more information, please contact Jeff Gullickson at (949) 885-2351.

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