ALRB Member’s Reappointment Opposed by WG at Hearing

June 21st, 2016

The state Senate Rules Committee met yesterday to consider Governor Brown’s reappointment of Genevieve Shiroma to the Agricultural Labor Relations Board (ALRB). Her appointment was opposed  by several agriculture associations, as well as farmworkers, who cited Shiroma’s close ties to United Farm Workers (UFW) lobbyist Richie Ross and the potential conflict of interest she had in siding with the UFW by voting against Gerawan farmworkers who sought to have their ballots counted following an ALRB-supervised vote to decertify the UFW. Shiroma was also criticized by opponents, as well as state Senators Tom Berryhill (R-Modesto) and Anthony Cannella (R-Ceres), for participating in ALRB’s rejection of farmworker Silvia Lopez’s petition that Shiroma should have recused herself from the Gerawan matter. 

Shiroma retained Ross as her political consultant during her campaigns for election to the board of the Sacramento Municipal Utilities District.

In addition to submission of a joint letter of opposition, testimony during the hearing was registered by Western Growers, California Fresh Fruit Association, California Citrus Mutual, Nisei Farmers League, African American Farmers of California and the group of Gerawan farmworkers.

The Rules Committee voted 3-2 along party lines to recommend that the full Senate confirm Shiroma. 

Please contact WG’s Matthew Allen at (916) 446-1435 for more information.

Cal/OSHA Urges Continued Diligence in Protecting Workers from Extreme Heat

June 21st, 2016

With temperatures reaching 120 degrees in parts of California over the weekend and throughout this week, Cal/OSHA is reminding employers to be diligent in protecting their workers during the current and future heat waves.

In addition to the basic steps outlined by California’s heat regulation for employers with outdoor workers, heat above 95 degrees Fahrenheit requires additional precautions. Among other measures, it is crucial that workers are actively monitored for early signs of heat illness. This helps ensure sick employees receive treatment immediately and that the symptoms do not develop into serious illness or death.

According to the notice, California’s heat regulation requires employers to protect outdoor workers by taking these basic steps:

  • Train all employees and supervisors about heat illness prevention.
  • Provide enough fresh water so that each employee can drink at least 1 quart, or four 8-ounce glasses, of water per hour, and encourage them to do so.
  • Provide access to shade and encourage employees to take a cool-down rest in the shade for at least 5 minutes. They should not wait until they feel sick to cool down.
  • Ensure that emergency medical services can and will be summoned when an employee feels sick or exhibits signs of heat illness, such as nausea, exhaustion or mental confusion.
  • Develop and implement written procedures for complying with the Cal/OSHA Heat Illness Prevention Standard.

For more information, read the “Cal/OSHA Issues Extreme Heat Advisory” press release. Western Growers has trained safety specialists who can also assist members with heat illness training and preparation. For information, please contact Greg Nelson, Vice President of Western Growers Insurance Services, at (949) 885-2287.

Organic Compost Court Ruling Leaves Farmers in Limbo

June 23rd, 2016

This past Monday, a federal district court issued a decision in the Center for Environmental Health v. Vilsack case striking down a five-year-old federal Guidance document allowing the use of composted municipal green waste on organic farms in California. 

Western Growers previously weighed in on the case having filed an amicus brief that laid out the argument that the sudden withdrawal of the Guidance would harm organic agriculture, composting operations and consumers in California.

Monday’s decision vacated the National Organic Program’s (NOP) Guidance 5016: The Allowance of Green Waste in Organic Production Systems. The Guidance already prohibited use of compost that was shown to contaminate soil, crops or water, but plaintiffs argued that this was not strict enough under the pre-2011 organic rules. While the court stopped short of agreeing with plaintiffs, the court found that USDA did not gather sufficient comment on the 2011 legal guidance and ordered them back to the drawing board. USDA now has 60 days to issue new Guidance and get comment before the August 22 deadline.

Following the ruling, Western Growers issued a statement expressing disappointment in the decision.

READ THE STATEMENT HERE

WG Issues Statement on Supreme Court DAPA Ruling

June 23rd, 2016

Yesterday, the U.S. Supreme Court issued a tie decision that keeps in place a ruling by the U.S. Court of Appeals for the 5th Circuit blocking the Administration’s efforts to grant millions of undocumented persons reprieve from deportation. The 4-4 decision upholds a lawsuit brought by Texas and 25 other states that sued to block President Obama’s Executive Action granting the reprieve.

In response to the court’s ruling, Western Growers issued a statement today calling on Congress to introduce comprehensive immigration reform legislation granting legal status to agriculture workers and for the introduction of a new visa program to ensure the future flow of labor for farmers. 

READ WESTERN GROWERS’ STATEMENT   

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

Western Growers Issues Joint Response to The Produce News’ EFI “Advertorial”

June 28th, 2016

On June 21, 2016, The Produce News published an “article” titled “Equitable Food Initiative partners with industry to advance labor issues.” The piece touts the Equitable Food Initiative as a “‘one-stop-shop’ certification covering labor, pest management, and food safety standards.”

The story, which also contains a three-minute video of EFI executive director Peter O’Driscoll lauding the benefits of EFI, appears indistinguishable from an editorial or a news article. In reality, it is a paid advertisement.

Yesterday, The Produce News ran a joint response issued by Western Growers, California Citrus Mutual

California Fresh Fruit Association, and Florida Fruit & Vegetable Association calling out the misleading piece while also taking the opportunity to set the record straight on the EFI’s agenda.

Read the full joint response.

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

Ag Overtime Bill to be Heard in Senate Labor Committee

June 28th, 2016

Assembly Member Lorena Gonzalez’s (D-San Diego) resurrected agriculture overtime bill is expected to be voted on tomorrow in the Senate Labor Committee.

Western Growers helped lead a broad coalition of organizations from both agriculture and allied industries to defeat AB 2757, a UFW sponsored bill in the Assembly, in early June. However a procedural maneuver has given the issue life again as AB 1066, a bill that is now in the Senate.  

We will once again be calling on our members to contact your senators and assembly members to voice their opposition to the bill. It is important that legislators understand the impacts this legislation would have on farmworkers and your operations.

Please stay tuned for an update on this week’s committee proceedings in Thursday’s Spotlight. We also plan to alert our members to your needed involvement through Voter Voice advocacy campaigns and outreach to legislators’ district offices until action on the bill is complete.

For more information, contact Matthew Allen at (916) 446-1435.

AB 1513 SAFE HARBOR DEADLINE SET FOR JULY 1: Resources Now Available for WG Members

June 28th, 2016

July 1, 2016, is the deadline for employers to elect the safe harbor option under AB 1513. Employers who timely make the election and back payments will have a legal defense to claims for back wages and other penalties associated with unpaid and underpaid piece-rate compensation.

Western Growers conducted an AB 1513 “Safe Harbor” workshop on June 22. The recording of the seminar is now available to WG members to assist in calculating the unpaid rest and recovery and “other non-productive time.” The seminar is an important resource to help your company make an informed decision on the “safe harbor” option pursuant to AB 1513.

On the AB 1513 Resources Page, WG members will have exclusive access to:

  • AB 1513 Safe Harbor Seminar recording
  • Seminar presentation slides
  • A letter to workers notifying them of the company’s safe harbor election (English and Spanish)
  • A proof of service form to demonstrate timely notice of safe harbor election

For all the resources, visit the AB 1513 Resources Page.

Additionally, more information about the safe harbor can be found in the “Countdown to Piece-Rate Safe Harbor Election” article recently featured in WG&S Magazine, as well as in the AB 1513 Frequently Asked Questions.

For questions about the safe harbor, please contact Jason Resnick at (949) 885-2253.

UFW-Sponsored Ag Overtime Bill on the Move in California Senate

June 30th, 2016

Yesterday, the Senate Labor Committee passed AB 1066, a bill that would decrease the existing overtime threshold levels for California farmworkers. Assembly Member Lorena Gonzalez resurrected the UFW-sponsored bill that was killed in the Assembly (formerly AB 2757) on June 3 of this year. The bill now advances to the Senate Appropriations Committee. A hearing has been scheduled for August 1 when the legislature reconvenes following the summer recess period which begins tomorrow.

The bill’s advancement puts Western Growers’ members on high alert. Members need to take immediate action by requesting an in-person meeting with their own senator and assembly member in the district offices during the recess period in July to express why this legislation is bad for farmworkers and for farming operations. Although we will be following up in the coming days with an Action Alert, it is important that members of the legislature hear from growers directly as soon as possible.

If you have any questions, please contact Matthew Allen at (916) 446-1435.       

Nisei Farmers League Challenges AB 1513 Piece-rate Legislation

June 30th, 2016

Calling the legislation ambiguous and unconstitutional, the Nisei Farmers League (NFL) filed an application for a temporary restraining order and preliminary injunction with the Superior Court of California in Fresno against AB 1513. The state law that requires piece-rate workers to be paid for “other non-productive time” and rest and recovery periods separate and apart from piece-rate earnings.

AB 1513 also provides an affirmative defense or “safe harbor” from claims for uncompensated or undercompensated nonproductive time and break periods. The deadline to elect the AB 1513 safe harbor is this Friday night, July 1, at midnight.)

The complaint argues, “The phrases ‘nonproductive time’ and ‘directly related’ are so vague that neither Nisei Farmers League nor its members can structure their conduct in such a way as to know, with any degree of certainty or otherwise, how to act in compliance.”

The application was filed June 27, 2016, and a hearing on the TRO was scheduled for 3:30 pm today.  This is the second challenge to AB 1513. An earlier lawsuit filed by Fowler Packing Company and Gerawan Farming Company, Inc. was limited to a Constitutional challenge of those provisions of AB 1513 that targeted the plaintiffs, excluding them from the benefits of the law’s safe harbor provisions. Western Growers and other organizations filed an amicus brief in support of the lawsuit. A decision on the state’s motion to dismiss the Fowler/Gerawan lawsuit is pending.  

Nisei Farmers League Temporary Restraining Order

Nisei Farmers League Memorandum of Points and Authorities

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

PRESS RELEASE: Western Growers Partners with USDA to Enhance Strawberry Crop Insurance Program

June 8th, 2016

Western Growers, USDA facilitate two workshops on new strawberry crop insurance program

IRVINE, Calif. (June 8, 2016) – Western Growers is working closely with the U.S. Department of Agriculture’s (USDA) Risk Management Agency to enhance and improve the current strawberry crop insurance program that was established to protect growers against losses from low yield, low price or a combination of both.

The Strawberry Crop Insurance Program was developed in 2012 and was further reviewed by USDA in 2015. The Federal Crop Insurance Corporation enhanced and extended the program for two years. The program is based on the grower’s own revenue history, and the insurance is federally subsidized to help lower the cost for growers. Since the beginning, the insurance team at Western Growers has played an integral role in helping USDA tailor the program to growers’ needs.

“For years, the California Strawberry Commission and Western Growers have collaborated with and facilitated the conversation between USDA and strawberry growers to help develop a product that meets the needs of farmers not only in California but throughout the nation,” said Matt McInerney, Senior Executive Vice President of Western Growers.

In the latest effort to tailor the program, the two organizations have planned two informational meetings scheduled for June 13 (Oxnard, Calif.) and June 14 (Santa Maria, Calif.). Growers can participate in discussions regarding the extension and further development of the Strawberry Crop Insurance Program, as well as the potential development of a special endorsement to the policy. USDA will also be discussing how the insurance program can work for growers, the program requirements, purchase date, and how crop insurance can be purchased.

Oxnard Grower Outreach Meeting
Monday, June 13, 2016
8:00am -10:00am (breakfast served)
Courtyard by Marriot
600 E. Esplanade Dr.
Oxnard, CA 93036

Santa Maria Grower Outreach Meeting
Tuesday, June 14, 2016
9:00am-11:00am
Ag. Commissioner’s Office
624 W. Foster Rd.
Santa Maria, CA 93455

The new strawberry crop insurance program is currently available in the following counties: Santa Cruz, Monterey, San Luis Obispo, Santa Barbara and Ventura. For more information about the program or workshops, contact Gretchen Rooney-Adan at [email protected].  

About Western Growers:
Founded in 1926, Western Growers represents local and regional family farmers growing fresh produce in Arizona, California and Colorado. Our members and their workers provide half the nation’s fresh fruits, vegetables and tree nuts, including nearly half of America’s fresh organic produce. For generations we have provided variety and healthy choices to consumers. Connect with and learn more about Western Growers on our Twitter and Facebook

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PRESS RELEASE: WG Disappointed in U.S. District Court Organic Compost Ruling

June 21st, 2016

IRVINE, Calif. (June 21, 2016) — Western Growers is disappointed with yesterday’s federal court decision that struck down a five-year-old federal Guidance document allowing the use of composted municipal green waste on organic farms in California. Monday’s court decision in Center for Environmental Health v. Vilsack vacated the National Organic Program’s (NOP) Guidance 5016: The Allowance of Green Waste in Organic Production Systems.

The Guidance already prohibited use of compost that was shown to contaminate soil, crops or water, but plaintiffs argued that this was not strict enough under the pre-2011 organic rules. While the court stopped short of agreeing with plaintiffs, the court found that USDA did not gather sufficient comment on the 2011 legal guidance and ordered them back to the drawing board. USDA now has 60 days to issue new Guidance and get comment before the August 22 deadline.

Western Growers provided input to the court as an amicus to show that the sudden withdrawal of the Guidance would harm organic agriculture, composting operations and consumers in California.

“We asked the court to simply allow USDA to fix any procedural problem to the Guidance without doing away with these important rules that codify well-established organic practices,” said Western Growers Vice President of Federal Government Affairs, Dennis Nuxoll. “Now, starting in August, California organic farmers – who have followed USDA’s lead in good faith – won’t know the rules of the road,’ Nuxoll continued.

Western Grower is concerned that certified organic farmers will no longer enjoy the protections of NOP Guidance 5016 if their organic compost contains incidental residues of prohibited substances that they did not cause and be opened up to potential lawsuits. Furthermore, we recognize that no analytical testing currently exists to confirm the absence of all disallowed chemical substances, and the cost of trying to conduct such testing would be prohibitive and could render organic production economically unfeasible.

We believe the organic industry will be harmed by this type of legal and economic uncertainty and will explore all available remedies to insulate organic farmers from this short-sighted and potentially market-devastating ruling.”

PRESS RELEASE: WG RESPONDS TO SUPREME COURT DAPA RULING

June 23rd, 2016

IRVINE, Calif. (June 23, 2016) — Statement by Western Growers President and CEO Tom Nassif in response to yesterday’s Supreme Court ruling on the Obama Administration’s Deferred Action for Parents of Americans (DAPA) and Deferred Action for Childhood Arrivals (DACA) programs:

“We believe our nation’s immigration policies should be determined by the legislative branch of our federal government. We also recognize that Congress has abdicated its duty to reform our broken immigration system, which is why we understand the motivation of the Obama Administration. However, neither DAPA, DACA, nor any other Executive Order will adequately address the long-term immigration challenges facing our country.

“In light of this ruling, we urge the Administration and all members of Congress to reflect on their responsibilities to the American public and renew the immigration reform debate in earnest. Congress should bring forth a comprehensive immigration reform plan that considers agriculture’s unique needs. Any reform measure should include provisions granting legal status to existing farmworkers and one that creates a new, more workable and market-oriented visa program to ensure a future flow of labor.”

Managing the Risks of Product Recall

June 6th, 2016

By David Duvall

The number of product recalls—especially in the food industry—has increased significantly in just these past few years. The need for recall and contamination coverage has never been greater.

Just this year, there have already been dozens of recalls on products including pistachios, macadamia nuts, sprouts and fresh cut cantaloupe. Public data analysis reveals that the number of food recalls in the United States has nearly doubled since 2002. The costs resulting from recalls are significant, with more than half of the companies having paid $10 million or more.

Larger retailers now have contractual language that hold producers responsible for all costs involved, and any recall is at their discretion. These food processors and manufacturers are paying for expenses associated with removing the product from the marketplace. The shipping, storage and customer notification costs can add up quickly. Recalls can also result in a temporary production stop due to inspections or time needed to clean the facility—both of which would significantly impact revenue. Most importantly, a more critical consequence could be damage to the brand’s reputation. A product recall can negatively impact a customer’s perception of the company and result in a dip in stock price or loss of customer loyalty and trust.

Any organization involved with food—whether it be growing, packing or processing—should have a qualified professional develop a written food safety plan. Creating plans, revising processes and updating quality control can help detect problems before they occur. These written plans, which should include a proactive social media plan to help rebuild customer trust, are an essential part of a product recall defense strategy. Beyond that, staff training on these plans would help employees recognize potentially dangerous food safety situations and empower them to shut down processes immediately to help reduce product recalls.

Recalls, contaminations and defects can have disastrous effects on even the most conscientious organizations. Unexpected expenses associated with product withdrawal, communication and rehabilitation costs can be catastrophic and detrimentally impact an organization. However, if there are appropriate processes in place, companies can avoid total market loss. Western Growers is developing products that can protect members from these types of damages that result from recall. Additionally, we provide crisis response and crisis management support and can help companies develop appropriate processes that would best mitigate the risks of product recall.

Please contact us for further information.

 

A New Strategy for Immigration Reform?

June 6th, 2016

No one disputes that the United States’ immigration system is broken. Ideas for reform—ranging from ideological to bipartisan—have been endlessly debated in Congress for over a decade now. In a glimmer of hope, the Senate did pass a bipartisan compromise bill in 2013, but the House failed to act.

Maybe the November elections will bring enough new faces and new ideas that immigration reform can re-emerge in 2017. I certainly hope so, but I keep thinking that another election won’t be enough to break this logjam, because previous so-called historic elections didn’t bring us change.

It’s time to try something totally different. As Franklin D. Roosevelt once said before a graduating class at Oglethorpe University, “It is common sense to take a method and try it. If it fails, admit it frankly and try another. But above all, try something.”

Fundamentally, we might need to take the management and control of the issue out of the Beltway, because Washington has proven incapable of compromise. It is just too partisan a place. So if the immigration issue won’t be fixed at either end of Pennsylvania Avenue, who outside of the Nation’s Capital can? Who can break the gridlock and establish genuine bipartisan consensus that forces the combatants in Congress to finally embrace a reasonable and defensible compromise on immigration? I believe the time has come where we might want to look to current and former state governors as potential arbiters of this crisis.

The majority of America’s governors support some version of comprehensive immigration reform. As statewide elected executives, they are more popular than most members of the U.S. House of Representatives. Governors have authority over many of the things that members of Congress care about in their home states and thus have special powers of persuasion. Moreover, governors know how to get things done. They are problem-solvers who are usually pragmatic and comfortable working across the aisle. Furthermore, governors are deeply engaged with the sectors of their state economies and public services most affected by this issue, including public education, public safety, technology, healthcare, manufacturing and agriculture.

America’s governors may be the ideal leaders to create a new dynamic that pushes immigration reform forward.

I would like to see an initiative wherein a group of current and former governors, of both parties and from all regions, would assemble quietly to take on immigration reform. With the help of think tanks and policy experts they trust, they can develop a new proposal that solves the problems that partisan stalemate in Congress has caused in their states. If a consensus can be reached, the “Governors’ Immigration Reform Bill” could be publicly presented and serve as the template for a new effort in Washington, with the governors shifting from policy developers to advocates for action. A well-funded national campaign featuring the governors and the new solution-oriented proposal they’ve built could give members of Congress the cover they need to confront the partisan do-nothings in their own parties.

The Western Growers Association is willing to partner with its allies in agriculture and other industries, such as technology, to help provide the funding and infrastructure to support a working group of governors.

I would be short-sighted to preclude the possibility of a Congressional-led immigration reform effort in the near future. As we have done in the past, we will be engaged and fight for any legislation that solves our chronically-ignored problem. Judging by the past, however, it would certainly be prudent to pursue a parallel strategy. I suspect if he were alive today, FDR would admonish us: Above all, try something.

CULTIVATE CALIFORNIA: Effort Seeks To Preserve Agriculture’s Social License

June 6th, 2016

It’s no secret. In an era of diminishing resources, agriculture is being asked to do more with less. However, despite the prodigious efforts of many of our members—as well as the broader industry—to innovate and conserve, we still face attacks from agenda-driven activists and pressures from misguided policymakers. These negative sentiments can spill over into the media, which, in turn, influences an impressionable public and indirectly affects our ability to farm.

Case in point. News outlets across the country have been quick to cast everything from almonds to lettuce—and, by extension, all of agriculture—as the villains of the ongoing California drought. Reporters have paid significant attention to the “water footprint” of various crops grown by farmers, some even suggesting that the state should reassess how its limited resources are allocated. What do we expect the public to believe if this is the only message they hear?

As with any issue, the steady drumbeat of half-truths surrounding agricultural water use—such as the 80 percent claim—threatens to erode the level of public acceptance of farming in the state. There is good news, however. Despite imbalances in media coverage and a robust ground game by activists, research indicates that Californians still view agriculture in a positive light. They view farmers as hard-working, honest and essential to both a healthy diet and a strong economy.

Furthermore, Californians overwhelmingly view agriculture as a worthwhile use of our limited water resources. This demonstrates that, even though the industry faces ever-expanding regulatory burdens, the public still supports the ability of farmers to operate in the state. Pollsters and other politically-minded professionals refer to this collectively-given approval as “social license.” The only question is: what level of freedom to operate will Californians continue to grant farmers in the future?

The answer is largely dependent on how effective agriculture is in responding to the attacks of environmentalists and other activist causes. Our opponents are sophisticated and pride themselves on playing the long game. They have infiltrated our government agencies, universities and newsrooms, and are content to gradually peel away the layers of public support for agriculture. They understand their best chance of success is to perpetuate a narrative that portrays farmers as profiteering abusers of land, water, air and people.

What is Western Growers doing to maintain and enhance the social license of our members? For one, it involves working with our industry partners and leveraging our collective resources. Our opponents are well-coordinated and well-funded; we should be, as well. Taking a page out of the activist playbook, WG and our allies from a cross-section of agriculture have joined forces to form Cultivate California, a statewide consumer education program. The goal of this campaign is to measurably increase positive perceptions of agricultural water use among a targeted audience (urban Californians) not traditionally engaged with the farming and ranching community.

The program is built on sound consumer market research, and uses media insights, social media analytics, paid advertising and a fact-based positive narrative to shift the conversation away from attacks about the amount of water needed to grow crops. We are focusing on the relationship people have with the foods they eat—our tagline is “Keep the state on your plate”—and the legacy and ingenuity of the California farmers who feed the world.

The campaign launched in December 2015 and has already demonstrated remarkable success. Through the use of digital display banners, nearly 12 million Californians have been reached with coalition messaging. Furthermore, these online banners have driven more than 60 percent of the traffic to our www.CultivateCalifornia.com website. Analysis of these visitors confirms we are reaching the right audience—urban Californians concerned about water conservation and natural resource preservation.

While it is still too early to measure improvements in public opinion compared to baseline data, initial online surveys have revealed immediate results. Audiences exposed to our messaging have indicated a five point increase in support of agricultural use of water resources in California.

It is clear that the Cultivate California campaign is on the right track. But much more needs to be done. WG will continue to remain engaged in this effort and encourages the participation of our members. Be sure to visit the website and follow the program on Twitter (www.twitter.com/CultivateCA) and Instagram (www.instagram.com/cultivateca). We would appreciate your help in sharing Cultivate California stories and information via your own social media channels and with your colleagues.

There are also several other ways to participate:

First, share your photos. Cultivate California relies on sharing vibrant images of California farmland, crops, products and people that help keep the state on our plate. If you are interested in providing photo assets to the program for use online and on social media, we’d love to showcase them.

Secondly, become a “Cultivator.” The drought has presented unique challenges for each of us, but offers an opportunity to tell a powerful story about the investments in innovation being made on California farms. We invite you to share your own story by being featured on the Cultivate California webpage.

Check out our Cultivators at www.CultivateCalifornia.com/cultivators.

Participation in Cultivate California is one of many efforts WG is undertaking to preserve and expand the freedom of our members to operate. As the forces that shape public opinion and policy continue to change, our tactics must also evolve. We must become proficient in the new forms of communication, harnessing the power of digital and social media to connect with and influence the masses. And this industry, with its incredible diversity and sense of individualism, must learn to do these things collectively. Only then will we be able to maintain our social license with the coming generations.

Tomato Focus Fuels Firm

June 6th, 2016

Joe Bernardi

Bernardi & Associates

Turlock, CA

Member Since 1971

GETTING STARTED: When Joe Bernardi was a senior in college at San Diego State University in the late 1980s, his father asked him what he was going to do for a living.  “I told him I was going to come work for him.”  At the time, Al Bernardi was a partner at Ledlow, Cole & Bernardi, a tomato and vegetable broker headquartered in Nogales, Ariz. “My father told me he didn’t have a job for me and instead I needed to go out find a company to work for.”

Joe did just that.  “I put on a coat and tie and went and looked for work. I ended up at a large equipment leasing firm in San Diego.”

A year later, Al told Joe he had an opening and made him go through the interview process before hiring him. “Nothing had changed in that year. He just wanted me to go out and see what was available before coming to work for him.”

Al Bernardi eventually bought out his partners and then he and Joe opened up Bernardi & Associates in 1990, with Joe basically running the show. “My dad was semi-retired living in Tubac (Arizona) running an art gallery with my stepmom.”

That first year, with Joe at the helm, things didn’t go so well. “Culiacan (Mexico’s tomato growing region) had 56 straight days of rain. I thought it was going to take me one year to run into the ground what my dad built up over many, many years.”

 

FAMILY BACKGROUND: Joe Bernardi grew up in a family farming operation. His grandfather was a California tomato grower and his father followed suit running a firm called Tuttle Farms in Merced when Joe was very young. “I remember working on the farm as a 14 year old. Like many, I drove a tractor, stacked boxes and worked in the packing shed.” The family would spend half the year in California’s Central Valley and the other half in Nogales, as his father worked the tomato deal just as Joe does today.

During his year in the equipment leasing business, Joe did entertain the concept of a career outside of produce.  “I was living in San Diego. What’s not to like?” But the produce industry was what he knew as a kid and it was literally in his blood.

 

FOLLOWING IN DAD’S FOOTSTEPS: From 1991 until just last year, Joe raised his family in the same manner as his father did before him. “We live in California from June 1 to December 31st and we live in Arizona from January 1 to May 31st.  My kids go to the first semester of school in California and the second semester in Arizona. They like it. They have a good group of friends in each place.  We’re lucky; we have a good school in each place that works with us. I think it has been good for my kids, it has made them more adaptable.”

The family, however, has altered its routine for the past year and for the next couple of years will stay in California full time so that both of Joe’s sons can finish high school. “Then my wife and I will go back to splitting our time between the two states. My wife loves it. She likes spending the summers in California and the winters in Arizona.”

 

BERNARDI & ASSOCIATES: While the company began as tomato specialists and that is still their main focus, they are not a one-trick pony. “Tomatoes represent about 50 percent of what we do,” said Joe. “In fact, tomatoes represent 100 percent of what I do, but we have others who handle others vegetables such as the bell peppers, cukes and chilies.”

When Joe took over, however, he did expand the firm’s reach beyond California and Arizona. They now also have offices in Florida and Texas as well. The company offers boots on the ground and eyes on the product 52 weeks of the year in the various tomato producing regions around the country. Bernardi & Associates works all the major deals as well as the regional summer suppliers. The firm’s commitment is to provide its customers the best tomatoes that are available 365 days a year.

 

THE FUTURE: With two kids still in high school, Joe does not know if either one of them will take up the family business. But if they do, he suspects he will treat them in much the same way his dad treated him and encourage them to explore other opportunities before joining him in the office.

 

WESTERN GROWERS CONNECTION:  Though Bernardi & Associates has only been around since 1990, the firm’s membership in Western Growers dates back 20 years earlier to Al Bernardi’s previous company, Ledlow, Cole & Bernardi. Joe remembers going to Western Growers events with his father as long ago as the 1960s. He has maintained the membership all these years noting that “Western Growers does a very important job for the industry. They represent us in many areas that are very important to our survival.”

Farm Management Conservis: Using Data to Drive Decisions

June 6th, 2016

In the last seven years, a new paradigm has arrived: a powerful combination of cloud-based software and proactive customer service to automate, track and optimize all facets of a farmer’s business. It’s called Enterprise Ag Management, and Conservis is leading the way.

 

The Foundation

Conservis, led by CEO Pat Christie, was conceived after a group of four Midwest farmers, at an agtech conference, sought out a solution around workflow management. The Conservis team started developing a farm management system that would help farmers—specifically row crop growers at the time—solve complex issues. Their work resulted in an enterprise ag platform that aggregated key information needed for operators to make data-driven decisions. The platform replaced paper and spreadsheets by allowing operators to easily input and access harvest information from any computer or mobile device. After years of focusing on row crop farms, Conservis began taking steps to broaden its product and share the vision.

“Conservis started as a farm management solution for row crop companies that provided a solid foundation to serve other crop types,” said Edward Siemek, vice president of sales at Conservis. “We constantly listen to our growers to find the real business needs. Together, we transform our company and expand our platform to meet the needs of each market segment we target.”

 

Entering the Tree Nut Market

In 2014, Conservis developed its first solution for the tree nut market. Conservis noticed that the business problems faced by tree nut producers were very similar to those the company helped address with row crop growers. Conservis revamped its platform to improve functionality and focused on building features that gave tree nut farmers more control to make cost, production and investment decisions. Aside from the day-to-day operational benefits, data collection at the farm-level is transforming the way growers adhere to sustainability, traceability, regulatory and food safety demands.

The enhanced platform gives owners and operators real-time control—from planning, purchasing, planting through harvesting and inventory management. “With information in one easy-to-access location, companies can make better, more informed decisions which maximizes profitability and drives a more sustainable operation,” said Siemek.

Once information is in the system, it can be easily accessed, using analytics to identify areas of underperformance. The platform allows owners to better control costs in an operation and get their organization to a position where they can explore other opportunities. Growers are also able to compare results year over year to see what worked and to better manage future spending.

In addition to pulling analytics for internal use, information can be selectively shared with others, such as investors and other external stakeholders. All farming data is backed up in the cloud so information will remain safe and secure in the event of a computer crashing or a tablet getting lost.

 

Expanding Operations to the West Coast

Conservis serves farms across the United States, Canada, Australia and Eastern Europe and recently expanded its U.S. operations to the West Coast. In February 2016, Conservis became part of the team of agtech innovators working out of the Western Growers Center for Innovation & Technology in Salinas, Calif.

As a resident of the Center, Conservis is able to collaborate with a strong network of agtech startups and experts to develop solutions for growers and advance technology. Additionally, the company—along with the other 14 current residents of the Center—has the opportunity to receive feedback on their platform from industry professionals, network with other Western Growers’ members, participate in ag and business seminars and be mentored by leaders in the ag and tech industries.

“Farmers face a tremendous amount of pressure—from regulations to worker access. We want to continuously develop technology that eases their workload so they can drive towards doing more with less,” Siemek said. “The Western Growers Center for Innovation & Technology will create new ideas to help farmers become more efficient, and we are excited to be part of that effort.”

Countdown to Piece-Rate Safe Harbor Election

June 6th, 2016

July 1, 2016, is the last day California employers may elect to avail themselves of the safe harbor provided under AB 1513. Enacted January 1, 2016, AB 1513 provides most employers an affirmative defense from class action lawsuits for having failed to pay piece-rate workers separately for “other non-productive time” or mandated rest and recovery periods. But that protection is only available to eligible employers who undertake certain steps. Step number one is to complete and submit by July 1 the piece-rate back pay election form found on the Department of Industrial Relations’ Piece-Rate Legislation (AB 1513) page on its website.

 

Do the Math

Before electing to go into the safe harbor, employers will have to decide if it makes sense do so. How does an employer decide if it should take advantage of the safe harbor? Entering the safe harbor means that the employer may be required to make substantial back wage payments to piece-rate employees for time periods prior to and including December 31, 2015. Employers should run a cost/benefit analysis, comparing the amount that would be owed under the safe harbor provision with the potential exposure to damages, including statutory and civil penalties, liquidated damages and attorneys’ fees that would be owed if a class action lawsuit was to be filed against the employer. While determining that potential exposure is a time consuming and arduous task, a good back-of-the-envelope estimate is to take the back wages multiplied by 30. So, for example if the total back wages owed is $50,000, an employer may reasonably expect to pay $1.5 million to settle a class action claim. In virtually all cases, the amount of back pay owed would be substantially less than that figure. In addition to comparing the differential in cost to resolve the issue, employers may also consider the likelihood of being named in a lawsuit, the time and effort required of staff to defend a lawsuit, and morale issues emanating from employees who are aware of the new law and are expecting, but don’t receive back payments.

 

Make the Election

The election form is a simple one page web-based form. It has several mandatory fields, including the name and DBA of the employer, and its business and mailing address (if different). The form also requires the employer to list “other locations where the employer does business (or has done business) using employees who will be receiving payments.” It is not clear from the law or the guidance how specific the employer must be when listing locations. Some employers have listed the address of each and every location where piece-rate employees have worked over the past three and a half years, while others only list the counties where the worksites are located. While either option is acceptable, if you list specific worksites and inadvertently omit one or more locations, you will not be able to enjoy the benefit of the safe harbor for employees who worked at those locations. The form also has optional fields for the employer’s point of contact information and data fields for the number of affected employees and estimated amount of payments. Again, these fields are optional.

 

Make the Payments

In order to get into the safe harbor, the employer must make payments to each of its current and former employees, with some limited exceptions, for previously uncompensated or undercompensated rest and recovery periods and other nonproductive time from July 1, 2012, to December 31, 2015, using one of two methods prescribed by the statute. The first payment option is to determine and pay the actual sums due together with 10 percent interest. This method is tricky because most employers did not track other non-productive time, so it’s exceedingly difficult to calculate how much other non-productive time to pay.

The other method is to pay each employee 4 percent of that employee’s gross earnings in pay periods in which any work was performed on a piece-rate basis from July 1, 2012 to December 31, 2015. The employer can deduct without limit, from this amount wages already paid to that employee, separate from piece-rate compensation, for rest and recovery periods. For other nonproductive time already paid, the employer can deduct those prior payments up to 1 percent of the employee’s gross earnings during the same period. In other words, the 4 percent only applies to pay periods in which work was performed on a piece-rate or hourly plus production bonus basis.

In addition to submitting the election notice by July 1, 2016, the employer must also do the following to get into the safe harbor:

•   The payments must be completed by December 15, 2016.

•   The payments to employees must come with a statement summarizing how the payment was calculated.

•   Use due diligence (such as using locator services) to locate and pay former employees who have relocated.

•   Payments for former employees who cannot be located must be made to the Labor Commissioner’s Unpaid Wage Fund (with an additional administrative fee).

Payments are not required for employees who have previously settled claims for uncompensated or under-compensated rest and recovery periods and other nonproductive time.

When an employer elects to make back payments under AB 1513, the employer must provide the employee, along with the payment, a statement that generally explains that the payment is made pursuant to AB 1513, and describes the formulas and calculations used to determine the total payment.

Employers who timely elect to make the back payments are displayed on a public list of employers who have submitted a Notice of Election to Make Back Payments. It is likely that class action employment lawyers will comb the list and seek to sue employers that aren’t on it. For many employers of piece rate employees, they will want to be on that list and sleep better at night.

IRRIGATION EFFICIENCY Plastic Pipe Offers Many Advantages For Row Crops

June 6th, 2016

In the past couple of years, the use of Certa-Set plastic piping has increased tremendously as more and more growers take advantage of this technology which allows for many positives including tremendous labor savings.

Craig Stafford, regional manager for Nelson Irrigation, which is headquartered in Walla Walla, WA, said these are relative boom times for the irrigation equipment and one activity leading the charge is the replacement of aluminum irrigation pipe with Certa-Set plastic pipe. Certa-Set is manufactured by North American Specialty Products in Lodi, CA, and distributed by different dealers. Nelson Irrigation makes several different products that are intricate to the installation of a Certa-Set system; hence the interest in the popularity of that item by the firm.

“I’d say 40-50 percent of our new installations are using Certa-Set,” he said. “Ten years ago, it was only 5 percent.”

Stafford said it is truly the newest innovation and technology for growers using a sprinkler system with pipe in the field. For many, many years aluminum pipe was the product of choice, but the Nelson Irrigation representative said Certa-Set offers many advantages and no disadvantages, including pricing. “Many growers are switching to Certa-Set or using it when expanding. Maybe they are putting in another 160 or 320 acres and they will use a Certa-Set system rather than aluminum pipes.”

He likened using aluminum on a new installation to asking for a 1993 Chevy pick-up when going to a car dealer to purchase a new truck. “The new pick-ups have GPS, Bluetooth, air bags and many other new technologies. You wouldn’t go in there asking if you have any 1993 models hanging around. That would be using yesterday’s technology.”

In field day after field day, Nelson said the Certa-Set pipes have impressed growers and shown that they work without a hitch, and again, no disadvantages. While many are switching over, Nelson said tradition is probably the main factor causing some growers to continue to use aluminum. “It’s the way they have always done it,” said Stafford noting that it is the same mentality that has some farmers rejecting plastic sprinklers over the traditional brass ones. Plastic is cheaper and has been shown to be equally if not more suited for the job, but many growers insist on brass, nonetheless.

For the uninformed, Certa-Set is a plastic pipe noted by its yellow color. It is plastic which makes it very flexible and easily manageable in the field. Nelson said the best advantage “is that you can farm under it. You do not have to remove it when working the field.”

Field days have shown that a tractor can move through the field cultivating, planting or whatever operation is necessary without removing the Certa-Set pipes. Instead the tractor basically drives under the pipe as its flexibility allows it to be lifted over the tractor as the tractor is moving down the row. Nelson said this creates a tremendous labor savings. A tractor driver and one other worker can manipulate a field instead of having to have the entire aluminum piping system removed before work can be done, and then re-laid in the field.

The Certa-Set system also results in water savings as it is a closed system. Stafford explained that each time an aluminum pipe system is utilized and turned off, it must completely drain, creating tail water and the need for a reservoir to catch that water. Certa-Set with its valves about every 80 feet does not produce tail water.

Another advantage, according to Nelson, is that it costs no more than aluminum pipe initially and it can last much longer. He says aluminum pipe was adapted for agricultural use decades ago when farming practices were much different. In those days, only water traveled through the pipes. Today, the pipes are used for chemigation, which can corrode the aluminum pipes as well as the couplings and other valves used with the system. A Certa-Set system does not corrode and will last much longer, according to this irrigation equipment expert.

Though, he calls it a “new technology”, Nelson said plastic piping has been around for a long time and its advantages are well known.

Some crops and growers use drip irrigation for various reasons, but Stafford said many still use sprinklers, which he said is every bit as efficient as drip depending upon the crop and the situation. He admitted that it is sometimes frustrating reading the consumer media singing the praises of drip over sprinkler irrigation when he knows they can be equally efficient and it is the circumstances that determines which is the best to use, not the water savings, because there is none. “If the plant needs 30 inches of water, it doesn’t care how it is delivered,” he quipped.

With regard to the Certa-Set installations, Stafford ticked off more than a handful of growing areas, especially in the San Joaquin Valley, that seem to be leading the switch. He agreed that growers are a cautious group and many want to see it work on their neighbor’s ranch before jumping in themselves. For whatever reason, he said there are fewer Certa-Set installations in the Salinas Valley relative to total acreage than there are in other California production areas. Stafford said there is no inherent reason for this. Certa-Set just appears to have caught on a bit more quickly in the Central Valley. But he added: “We are beyond the early adopter stage. There are many big players that have put in big Certa-Set systems.”

Stafford is convinced that it is only a matter of time before many more will make the switch…simply because it makes economic sense.

Assemblywoman Cheryl Brown represents California’s 47th District, which includes much of San Bernardino County

June 6th, 2016

(Editor’s Note: The questions and answers have been paraphrased for clarity and brevity.)

 

You represent a large portion of San Bernardino County. Is that where you grew up?

I am from Pittsburgh, Pennsylvania, which is where I spent my formative years. I grew up on my grandfather and grandmother’s farm where they grew tomatoes and a lot of other row crops. They weren’t commercial farmers but they grew enough for themselves and they gave a lot of it away to neighbors.

My father was military, which ended up getting him a position with the Internal Revenue Service for one year. So we started in Pennsylvania then went to Washington D.C. for a year and then back to Pennsylvania and then we moved to California when I was about 14.

 

What brought you to California?

My father always wanted to live in California. He thought it was a place where all things were good. And it very much was for us. He had never been to California before we moved here. Initially we moved to Los Angeles in 1957 and then he found a job at Norton Air Force base (in San Bernardino) so we moved to San Bernardino, which is where I went to high school. Then on to college at both San Bernardino Community College, which is what it is called now. Back then it was Valley College. After that, I went to Cal State San Bernardino.

 

What career path did you expect to follow?

My mother told me that I was going to get an education and I should be a teacher. And originally that’s what I did. I was a substitute teacher. I did a lot of work with the developmentally disabled. I was a geography major in college and I worked for a while in the planning department in San Bernardino.

 

When did you first get involved politically?

I can’t tell you exactly when that happened. My parents, especially my mom, were very politically astute. My mom was very much involved in working to elect people that she supported. I remember she backed people such as Maxine Waters, Yvonne Braithwaite Burke, Tom Bradley, and Diane Watson, who eventually went to the U.S. Congress. I can’t really remember a time when I wasn’t involved. Later I worked on campaigns and began working in the offices of a number of legislators.

 

I know you were a journalist for a while. Tell me about that career.

I had a small child at home and I was a care giver for a grandparent and so I was looking for something that I could do. We had a friend in the media business with a couple of newspapers and I would write stories. At some point, Sam Martin started getting older and couldn’t do the work and so my husband and I bought the business. (In 1980, she and her husband, Hardy Brown Sr., founded Brown Publishing Company to circulate a community newspaper called the Black Voice News. The newspaper is published weekly and focuses on local news in Riverside and San Bernardino counties. Currently it is owned and operated by her daughter.)

 

Did you ever expect to run for office?

No, I did not. I was never planning on that. I did work for some politicians, including Gloria McLeod, in her district office. (Gloria McLeod represented San Bernardino in both the California Assembly and U.S. Congress for several different cycles over the past decade.) From here, I learned the political process. But my mother was ill, and I had to quit to help her through hospice. She did pass away and then I went to work for Amina Carter (California Assemblymember 2006-2012.)

Gloria McLeod and my husband worked together to convince me that I should run for office. It was a very difficult decision. One day on a Friday at 6:30 a.m. I went to church and prayed about it. I didn’t have the desire to run for office, but I prayed about it and when I got off my knees, I knew that is what I was going to do, and I knew I was going to win.

There were a lot of obstacles and it was a very hard, hard fight, but I did win. (First elected in 2012, Assemblymember Brown is running for her third term this fall.)

 

What were your signature issues?

I had several. First was education. I knew that we had to do something about educating our children and improving the education system. Second was helping to create a safe community. Public safety is very important. And third, I wanted to represent the small business community. I have been a small business owner for 30 years and I think helping small business is very important.

 

Do you believe that you have made progress on these issues since being in office?

I think we have, especially when it comes to education. I encouraged the Governor (Brown) to adopt a locally controlled funding formula, which has brought a lot of dollars for education to my district. In some of our schools we have seen the ADA (average daily attendance) funding increase from $700 to $10,000. We still have a lot of work to do to catch up with what happened during the recession, but we are going in the right direction. We have to improve education because the children are our future. We need them to have good jobs to help all of us in our future.

 

A lot of agriculture falls into the category of small business owners. Have you been able to accomplish anything on that front?

When I started in the Legislature, it seemed like my colleagues didn’t even want to talk about business, but that is changing. Small business owners are the key to job growth. We know that there are a lot of regulations and rules that affect small business. At the same time, these small businesses represent two-thirds of the jobs in the state. I am very much an advocate of doing what we can to help small businesses. Small businesses don’t care if you are a Republican or Democrat, they just need the help.

I do have some agriculture in my district and they are small businesses. I have one dairy that employs 100 people. That is still a small business and those jobs are very, very important.

I do not have as much agriculture in my district as we used to have. Out in Rialto and Fontana, we used to have fields and fields of grapes and they were used to make San Bernardino wine. There is some citrus in my district, but not very much anymore.

 

How have you found Republicans and Democrats working together in Sacramento?

We actually work very well together. On most issues, 75-85 percent of us vote alike. There are a few issues in which we disagree and that is understandable, but we are not like Washington, D.C. We actually work together and get along.

 

Have you endorsed a candidate for President?

I am endorsing Hillary. It is her time. If she was a man—with all of her experience and everything she has done—it wouldn’t even be a question. She has prepared herself very well and I think she will make an excellent president.

 

I read an article the other day that more and more of the California Legislature is made up of second generation members. Do you have any family members ready to follow you into the family business?

Politics is not our family business. The newspaper business is our family business and we do have a daughter that is running that business.

I do have a son who is a trustee in the county school district, but he was appointed to that position rather than being elected.

 

Our members produce the best fruits and vegetables in the world. Do you use our products?

We use lots of fruits and vegetables in our cooking every day. I have to be in Sacramento from Monday to Thursday afternoon each week. Then I come home on Thursday and every Sunday I prepare my husband’s meals for the following week to make it easy on him. And he wants his fresh vegetables. I fix a lot of collard greens, mustard greens and kale. Last Sunday, I made a squash dish with zucchini, yellow squash and Mexican squash. I fix broccoli. He gets lots of vegetables each week.