Decision on Piece-rate Injunction Deferred by Superior Court

July 19th, 2016

Yesterday, a preliminary injunction hearing was held by a Fresno County Superior Court on the “safe harbor” provisions of AB 1513, California’s piece-rate law. As previously reported in Spotlight, a temporary restraining order (TRO) was issued in the case of Nisei Farmers League v. California Labor and Workforce Development Agency, et al.

The court deferred its decision on the matter, effectively keeping the safe harbor election deadline fixed as July 28, 2016, unless a preliminary injunction is issued prior. Though no specific date for a decision was announced, the court is expected to grant or deny the injunction this week.

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

Member Action Needed on California Ag Overtime Bill

July 21st, 2016

With state legislators preparing to return to work in Sacramento on August 1, Western Growers urges members to schedule meetings with their state senator and assembly member to register their strong opposition to AB 1066, the California ag overtime bill. This bill is scheduled to be heard in the Senate Appropriations Committee on August 1st.    

AB 1066 would repeal the 10-hour/day and 60-hour/week overtime threshold directly threatening the livelihood of farmworkers as it would compel farmers to reduce available work hours and could even threaten jobs.

Labor unions are actively campaigning for this bill. While working from their district offices, legislators need to hear from constituents like you so they understand why this bill is bad for your workers. Your personal involvement is crucial.  

In May, Western Growers laid out our opposition to the bill in a letter to California Senator Dianne Feinstein. The letter may provide helpful talking points that can be “personalized” in legislative meetings (Please note that this letter references AB 2757, overtime legislation that was defeated in June; the text of AB 2757 was inserted into an unrelated bill and now exists as AB 1066).  

To find the contact information for your state senator or assembly member, use the directories below:

Senate Directory

Assembly Directory

Note:  Some members have multiple district offices. Please contact the office that is most convenient for you to set up an in-person meeting.

If you do not know which state senator or assembly member represents you, you can search using your address via this link.  

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

Last Chance to Meet with Legislators in District Offices on CA Ag Overtime Bill

July 26th, 2016

With state legislators preparing to return to work in Sacramento on August 1, Western Growers urges members to schedule meetings with their state senator and assembly member to register their strong opposition to AB 1066, the California ag overtime bill. This bill is scheduled to be heard in the Senate Appropriations Committee on August 1st.    

AB 1066 would repeal the 10-hour/day and 60-hour/week overtime threshold directly threatening the livelihood of farmworkers as it would compel farmers to reduce available work hours and could even threaten jobs.

Labor unions are actively campaigning for this bill. While working from their district offices, legislators need to hear from constituents like you so they understand why this bill is bad for your workers. Your personal involvement is crucial.  

In May, Western Growers laid out our opposition to the bill in a letter to California Senator Dianne Feinstein. The letter may provide helpful talking points that can be “personalized” in legislative meetings (Please note that this letter references AB 2757, overtime legislation that was defeated in June; the text of AB 2757 was inserted into an unrelated bill and now exists as AB 1066).  

To find the contact information for your state senator or assembly member, use the directories below:

Senate Directory

Assembly Directory

Note:  Some members have multiple district offices. Please contact the office that is most convenient for you to set up an in-person meeting.

If you do not know which state senator or assembly member represents you, you can search using your address via this link.  

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

Injunction Denied in AB 1513 Safe Harbor Challenge

July 26th, 2016

Following a hearing held last week, a Fresno Superior Court has denied a motion to issue a preliminary injunction against the ‘safe harbor’ provisions of the piece-rate legislation signed into law in 2015. The Nisei Farmers League filed a complaint alleging the statute is unconstitutionally vague, among other grounds.

The court determined the plaintiff did not meet its burden of showing a likelihood of prevailing on the underlying constitutional challenge. In its ruling, the court said:

“A fair reading of the statute is that, insofar as activities prior to its enactment are concerned, no new obligations were created; either employers had fully compensated their employees for their work or they had not been fully compensated. If an employer wishes to take advantage of the offered affirmative defense it must either make a good faith attempt to pay the amounts due or pay 4% of the gross earnings of the employee between July 1, 2012 and December 31, 2015… If the employer does not take advantage of the safe harbor provisions, then it may still argue that it does not owe any back pay to its employees.”

Furthermore, the court held that Nisei’s members would suffer no harm if the motion was not granted. As the court noted, “Simply put, plaintiff’s members’ obligations with respect to money owed do not appear to be changed by this statute.”

As a result of the court’s order, the deadline to elect the “safe harbor” remains until 11:59 pm PDT on July 28.

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

Pesticide Violations Abroad Put Grower-Shippers on Notice

July 26th, 2016

Due to recent Maximum Residue Limits (MRL) violations on several export shipments, Western Growers reminds members that while the U.S. may have established tolerances on a particular pesticide/fungicide, other countries’ threshold limits may be lower or non-established.

 Such violations will not only place the individual shipper on enhanced surveillance, but in many cases the importing country will increase the surveillance of the entire industry.

Both shippers directly exporting and growers who may sell to exporters should identify any pesticide/fungicide applications on any lot to be exported, and review MRL requirements of the importing country to ensure compliance. Members can refer to the USDA MRL database.

It is essential that exporters communicate regularly with the individual growers and their field personnel about the need to select fruits and/or vegetables for harvest that will ensure compliance with the importing countries’ MRLs, including the review of spray records to confirm the dates and amounts of application.

Western Growers recommends that exporters strictly adhere to the following procedures:

  1. Require your supplier (grower/packer) to provide a complete list identifying any pesticide/fungicide that has been applied either pre-harvest or post-harvest.
  2. Compare the list of pesticides/fungicides applied by the supplier against the database for the importing countries’ residue limit.
  3. Provide your supplier with the database information to ensure the shipment will be within the importing countries’ residue tolerance.
  4. Confirm that your supplier acknowledges that they have reviewed the appropriate database and is familiar with the pesticide/fungicide tolerances of both the U.S. and that of the importing country prior to releasing the lot for shipment.

For more information, please contact Ken Gilliland at (949) 885-2267.

Board Meeting Concludes Action-Packed Week in Orange County

July 28th, 2016

Earlier this afternoon, Chairman Larry Cox of Lawrence Cox Ranches [Brawley, Calif.] concluded the quarterly Western Growers Board of Directors meeting in Newport Beach, Calif. Following committee meetings on Wednesday, the full board convened this morning to address major policy items impacting the competitiveness and profitability of the Arizona, California and Colorado fresh produce industry.

Key points of discussion from each of the committee meetings include:

Legislative

  • AB 1066 (CA: Would phase out existing overtime thresholds for ag workers)
  • SB 32 (CA: Would increase and make permanent statewide greenhouse gas emission reductions mandates)
  • SB 1000 (CA: Would require an environmental justice element in city/county general plans)
  • SB 661 (CA: Would create fines for digging before calling utilities)
  • Fair Wages and Healthy Families ballot initiative (AZ: Would increase state minimum wage to $12 per hour and mandate most employers provide 40 hours of paid sick leave to all employees)

Water

  • Federal water legislation
  • Liability protection for voluntary provision of replacement water for well-users impacted by nitrate contamination
  • California Water Fix (Delta tunnels)
  • Oil-produced water

Food Safety/Science and Technology

  • Pending draft regulations from CA Department of Pesticide Regulation (governing use of pesticides near schools; requiring mandatory notification for soil fumigant application)
  • Food Safety Modernization Act implementation
  • Federal GMO labeling bill
  • Center for Produce Safety

Labor

  • Improvements to H-2A program
  • Immigration reform
  • AB 1513 (legal challenges to piece-rate safe harbor legislation)

Trade Practices and Commodity Services/Transportation

  • Western Growers Transportation Program
  • Perishable Agricultural Commodities Act
  • Sustainable Freight Action Plan
  • Portable and mobile refrigeration systems

International Trade

  • Trans-Pacific Partnership (TPP)
  • Department of Commerce trade activities
  • USDA import rule (Argentina lemons)
  • Pacific Merchant Shipping Association

Western Growers would like to thank the Board for their continued service to the industry and for visiting the Association’s new headquarters in Irvine earlier this week. In case you missed it, the new building was “officially” unveiled on Tuesday when Chairman Larry Cox presided over the ribbon-cutting ceremony.                

The final board meeting of the year will take place on November 7 during Western Growers’ Annual Meeting at the Grand Hyatt on the island of Kauai in Hawaii. REGISTER AND BOOK ROOM for the 91st Annual Meeting.

For more information, contact Cory Lunde at (949) 885-2264.

PRESS RELEASE: Western Growers Awarded $30K from Wells Fargo to Accelerate AgTech Innovation

July 12th, 2016

IRVINE, Calif. (July 14, 2016) – Western Growers has received a $30,000 grant from the Wells Fargo Foundation to support start-up companies that are developing technologies to solve agriculture’s most critical challenges. The grant was awarded during the opening reception of the 2016 Forbes AgTech Summit on July 13.

The funds will be used to create scholarships for entrepreneurs who are looking to advance their innovations by joining the newly launched Western Growers Center for Innovation & Technology—an agriculture technology incubator in Salinas, Calif. Wells Fargo, the largest banking and lending organization in the U.S. commercial agriculture sector and a leader in environmental sustainability, will be able to lend critical sector expertise as well as leverage its Foundation to help speed up commercialization for ag tech startups.

“Investment in technological solutions has never been more critical to agriculture, as we’ll need to dramatically increase food production to feed a rapidly growing population,” said Hank Giclas, Western Growers’ senior vice president, strategic planning, science & technology. “Wells Fargo’s generous contribution will be a key factor in helping Western Growers bring entrepreneurs together with farmers to develop these creative innovations.”

Start-up companies that are awarded a scholarship will have access to a hot desk or workstation at the Center for Innovation & Technology for one year, and will receive all the benefits of being a Western Growers’ member and resident of the Center. They will have access to routine classes, workshops and networking opportunities—all designed to provide them with the business and legal knowledge and customer connections they need to bring their technology from development to production. They will also be offered the amenities of a traditional office, including internet and phones, printers and copiers, meeting and conference rooms, and cutting-edge technology to live stream events and presentations.

Scholarships, which will be funded through the Western Growers Foundation, will be awarded based on financial need, utility to industry, business model and market potential, among other criteria. The 2,800 square-foot Center for Innovation & Technology currently houses 20 startups and the scholarship would support 10 additional technology companies to receive a coveted spot in the incubator. The Center would not be possible without sponsors and partners such as Wells Fargo.

”Working together with Western Growers to create a scholarship program for agriculture technology entrepreneurs will promote commercialization of technical solutions for agriculture,” said Matt Servatius, Head of Wells Fargo CleanTech Banking. “The Western Growers Center for Innovation & Technology engages our customers and other stakeholders that are developing technologies to promote sustainability and resource efficiency.”

To apply for the scholarship or to learn more about the Center for Innovation & Technology, contact Hank Giclas at [email protected]. For a hi-res image of the award being received, click here.

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 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

About Wells Fargo CleanTech Group:
A leader in reducing its own greenhouse gas emissions and operating sustainably, Wells Fargo has been recognized by the U.S. Environmental Protection Agency’s Center for Corporate Climate Leadership, the Carbon Disclosure Project and the U.S. Green Building Council. Since 2005, Wells Fargo has provided more than $52 billion in environmental finance, supporting sustainable buildings and renewable energy projects nationwide. This includes investments in more than 300 solar projects and 47 wind projects that generate enough clean renewable energy to power hundreds of thousands of American homes each year. For more information, please visit: www.wellsfargo.com/about/csr and the Wells Fargo Environmental Forum.

Wells Fargo is committed to supporting innovation and entrepreneurs to help small businesses grow. In May 2014, the company introduced Wells Fargo Works for Small Business SM, a broad initiative to deliver resources, guidance and services to help more small businesses achieve financial success. In August 2014, Wells Fargo launched The Wells Fargo Startup Accelerator, a semiannual boot camp for young companies to help commercialize ideas and begin selling effectively into the enterprise marketplace and/or the financial services vertical.

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AG TECHNOLOGY: Crop Science Places Great Value on Innovation

July 7th, 2016

By Yvete Minor

Crop Science, a division of Bayer is one of the charter sponsors at the Center for Innovation & Technology, so we took some time to discuss their involvement, their interests in, and their thoughts about the Center.

Bayer seeks to assist growers and partners across the food value chain with integrated crop solutions, including high value vegetable seeds, a broad portfolio of innovative biological and chemical crop protection products, complementing services and advice backed by proactive stewardship measures. Bayer is proud to be a two-year platinum program sponsor of Western Growers. The company’s singular purpose is to propel farming’s future, harnessing cutting-edge agricultural and environmental innovations to deliver on its mission: “Science For A Better Life.”

WG&S recently met with Louis Holloway and Nasser Dean of Bayer to discuss their involvement in the center. Holloway is the regional manager for field operations, which is Bayer’s field Research & Development group in California, Arizona and Hawaii. They test technologies that Bayer hopes to one-day bring to market, that will help growers improve their outcomes and efficiencies. Dean is Bayer’s stakeholder relationships manager and he works with many influential vegetable and fruit grower organizations in the Western states towards promoting sound science in public policy and regulations.

 

WG&S: Is there a particular type of innovation you’re hoping will come out of the Center?

LH: A grower can lose yield from many aspects: from an insect problem, a plant disease, infertility or even drought. We are very interested in solving these problems, and others we might not be aware of, that cause crop loss. Bayer would have a distinct interest in helping bring to farmers technologies that help mitigate these problems.

 

WG&S: Would you say that the water shortage is the biggest problem on the West Coast or are there other problems that need just as much attention with regards to innovation and technology?

ND: Because we are so close to international borders and ports, invasive pests from around the world make their way into California and they have a devastating effect on our local crops. For instance, the Asian Citrus-Psyllid (ACP) has destroyed (a significant portion) the Florida citrus crops and is now here in California.  It is a carrier for a very pernicious disease called huanglongbing (HLB) also known as citrus greening. It destroys the citrus tree and it’s incurable. This is just one of many of this type of invasive pests here in California that can destroy the agriculture industry. Our mission is to help develop technologies that can combat these threats and challenges that many growers are facing, here in California and the Southwest states.

 

LH: You mentioned drought. Yes, right now, water is a tremendous problem, no doubt. To bring us out of the drought will require large volumes of precipitation. This can lead to other problems such as increased plant diseases. Bayer offers a broad range of products and is looking for new technologies for crop protection, to mitigate loss and damage under all these conditions.

 

WG&S: You are both obviously well-versed, so how does a new “techie” get exposed to this level of need and understanding?

LH: Registering a new agricultural pesticide or agricultural protection product, is an estimated $250 million dollar endeavor for research and development—just to get it registered at the Environmental Protection Agency (EPA). That is a high hurdle. If someone came up with a new idea or product, Bayer would know how to work with the startup and the regulatory officials to help manage the process. Helping them bring it to market is really a win-win because it benefits everyone; most importantly the farmer.

Beyond these types of innovations, other innovations are very helpful for yield. For example, imaging fields, which pinpoints where pests are located or fertility deficiencies, which helps the grower, but also helps Bayer to be a better steward of their products and services.

 

ND: I’ll add that on top of the $250 million, taking a product through the regulatory process can take up to 10 years before it can pass the EPA standards. The EPA does their due-diligence—it has to meet federal safety standards before products can be brought to the market. They look at all potential exposures, whether it’s workers, human health, dietary, there are close to 120 studies that have to be submitted to the EPA before a product is registered. In addition, there are state regulations—states can request even more info if they are not satisfied with the EPA’s findings. California has very stringent standards.

 

LH: We need technology to feed the growing population. We are looking at feeding nine billion people in the next 35 years. That’s going to require farmers to grow more produce out of one acre than they have ever had to before. The population of the planet is exploding, it is going to be critically important to have the right science and technology as tools for them to be able to produce the food that is necessary to feed this growing population.

 

WG&S: As an Advisory Council Member and Sponsor of the Center, what’s your vision?

LH: We are here to encourage and assist new technologies being developed at the Center. It is a unique opportunity to be involved in science for a better life, whether it’s Bayer’s own technology or not. That would help accomplish this goal of providing safe food and feeding this growing population. I’ve been in this business for 28 years and I have seen a lot of change and a lot of things come to the market, and it’s exciting to see a technology help a grower produce 5-10 percent more yield; that is a tremendous benefit, not only for the grower, but for mankind in general. It helps assure safe, affordable food for next generations.

As a father, I have the concern that we may not been able to produce enough food to feed the growing population. As a scientist, all of these technologies and innovations are a way to help protect my kids and the rest of the population’s future.

 

ND: Bayer is highly interested in agriculture, we are innovators and we are always developing new and better tools towards our mission of Science For A Better Life and with Western Growers Center for Innovation & Technology—this forward thinking initiative—we are very proud to be an early supporter of this concept and we look forward to collaborating with the partners involved in this effort. As we mentioned before, there are numerous challenges in the farmer’s future, whether in California, Arizona and Colorado—especially within the fresh produce industry.

Responsible Labor Standards

July 7th, 2016

In December 2014, the Los Angeles Times published a series of articles exposing widespread labor abuses on some Mexican farms that supply produce to the United States.  This type of “investigative journalism” often ignores positive examples that would lessen the dramatic impact of the negative ones, and that may have been the case here.  Nonetheless, the Times series was alarming and, for the American companies that purchase from these farms, it was reminiscent of similar exposés of mistreatment at foreign factories supplying American retailers everything from clothes to toys.  For activist groups, the stories provided new leverage.

Not surprisingly, the large retailer and restaurant buyers of fresh produce are seeking to inoculate themselves from further criticism.  We’ve seen this before.  Several years ago, the Coalition of Immokalee Workers (CIW) emerged in Florida following critical media coverage of wages paid to tomato harvesters in that state.  With its Fair Food Program, the CIW has effectively used protests, boycotts and strikes to motivate buyers to adopt their social responsibility agenda.  Retailers like Subway, Whole Foods and Walmart now impose a human rights-based code of conduct on many Florida farms.

More recently in the West, the Equitable Food Initiative (EFI) has emerged as a developer and verifier of labor standards for farmworkers.  The organization is now moving to entice, or pressure, key supermarket and restaurant chains to recognize EFI certification as a condition for their preferred suppliers.  To date, nine farms covering 3,000 workers in California, Washington, Mexico and Canada are EFI-certified, with 10 more farms pending certification.  At least one major retailer has so fully embraced EFI that it recently introduced Arturo Rodriguez, president of the United Farm Workers union, to the company’s produce suppliers with the message that the suppliers would need to work with the UFW to become EFI-certified. (A UFW vice president is chairman of the EFI executive board.)

No one would argue that producing safe food, ensuring a safe work place and treating workers fairly, are noble aspirations and should be standard practice for all farmers.  I am confident these principles already guide the operations of our members wherever they farm.  Beyond the progressive and strict federal and state labor rules governing the employer-employee relationship in the United States, our members recognize that they are bound by a higher moral law that requires vigilant attention to worker safety and social justice.  And they act to ensure both are achieved.

Our members have faced a proliferation of third party audits relative to food safety, and while we know these are costly and sometimes questionable pursuits, our growers have endured.  So why not embrace another third party “certifier” like EFI?

As I noted earlier, the EFI’s chairman is a UFW vice president.  This cannot be glossed over.  The UFW represents a tiny fraction of the farmworkers in the West, and their attempts to force thousands of farmworkers into a union the workers didn’t vote for, and would have likely decertified but for a union-allied state Agriculture Labor Relations Board, speaks to the reality that workers are well-compensated, treated fairly and resent being forced to give up 3 percent of their pay to the union for nothing.  The UFW is also in financial distress, as evidenced by their repeated pleas to the California Legislature to use taxpayers to bail out their union health plan.  Along comes the EFI, and a chance for the UFW to employ a top-down strategy to infiltrate our farms and our employees.

Don’t believe me?  This is from The Bakersfield Californian’s coverage of the UFW’s recent convention: “Under what’s called the Equitable Food Initiative, the farm worker union is partnering with some of the biggest names in the retail food industry to improve the lives of the people who pick and pack produce consumed here and abroad.”  I added the emphasis to highlight the fact that UFW President Arturo Rodriguez intends to go global, and plans on leveraging the EFI to do so.

While none of the EFI-certified farms are currently unionized, UFW National Vice President Erik Nicholson was quoted in the same article as saying, “I truly believe there are EFI farms that will go union.”

In light of all this activity, the boards of directors of PMA and United Fresh have formed a Joint Committee on Responsible Labor Practices.  This committee has been tasked with evaluating appropriate worker treatment across the supply chain, “potentially leading to an industrywide, global approach to responsible labor practices.”

We recognize the significance of this committee and support PMA and United Fresh in their effort to develop higher standards for foreign producers, where labor laws and practices are nowhere near as rigorous or consistently enforced as in the United States.

However, we have some reservations about the process and its potential outcome for domestic growers. The Joint Committee initiative is co-chaired by executives from supermarket and foodservice companies; Western Growers and other grower-centric organizations were excluded at the outset.  I have spoken to Tom Stenzel and Bryan Silbermann, the presidents of United Fresh and PMA, respectively, and I am encouraged by their commitment to take our concerns seriously and to work with us to avoid unintended consequences. Still, it seems likely that buyers will ultimately determine the outcome.

All of this is to say we believe organizations representing domestic growers must lead this effort on the domestic front.  To that end, the Western Growers Board has directed our staff to promote domestic standards for responsible labor practices with a particular focus on the Western states.  Working with other organizations we will base our standards on a foundation of existing federal and state regulations, which already create the most stringent worker protection system in the world.

Our intention is to promote a farmworker labor standard reflective of the best practices currently in place by growers in California and other Western states.  We believe this approach will most efficiently facilitate confidence in the domestic supply chain and provide buyers (and their critics) with adequate assurances that their U.S.-grown fresh produce is responsibly sourced.

AG FINANCING: Money Is Available…For the Credit Worthy

July 7th, 2016

Unlike during the financial crisis when money was scarce and loans were hard to find, there is currently much liquidity in the market and lenders have plenty of funds to loan.  But, as always, the key ingredient in securing a loan is the ability of the borrower to pay it back.

According to a couple of financial experts, that fairly general statement about the current economic situation holds true for a specific industry such as agriculture, but ag financing also has its own nuances, which, in many ways, makes it an attractive investor sector.

Bob Dingler, who is the executive vice president and director of the food and agribusiness division of Rabobank, noted that agriculture, compared to other business categories, did pretty well during the financial crisis that took root in 2007 and wreaked havoc on the financial sector for several years.  While there was much turbulence during those years, Dingler said the agricultural sector “rolled steadily along” and proved the adage “that regardless of what happens in the economy people still have to eat.”  He said today the economy is doing fairly well, “banks are awash with cash” and from a risk perspective, the climate is good for commercial ag loans.

In separate interview with WG&S, Dingler and Mark Littlefield, president of Farm Credit West, discussed the current state of agriculture as it relates to borrowing money for crops or capital improvements.  These financial experts also proved to be very well acquainted with specific agricultural trends and note that the crop that the grower wants to produce with the money he borrows is an extremely important part of the lending decision.  While the financial situation of the individual or firm is the top determinant in a loan approval, Rabobank, Farm Credit, and no doubt other agricultural industry lenders, have extensive research departments and know the relative merits of growing pistachios versus a field corn crop or lettuce versus cotton.  Both men singled out the dairy industry as one of the few segments of agriculture on a downturn, and both noted that the tree nut sector is facing some demand issues in the world market because of the rising dollar and financial situation abroad.

“Research is something that sets Rabobank apart,” Dingler said.  “We have a dedicated food and ag research team that does sector research both for use by the bank internally and for our clients and prospects.  We have a pretty diverse portfolio up and down the state.  Certain crops like almonds span more than one market.  We know what an almond orchard is worth or we know how much it costs to plant one.”

He allowed that specialty crops “are a bit trickier” but in basically all lending decisions “it’s a factor of who is the borrower, how much equity do they bring to the deal, what is their overall financial condition and how do we get paid back, that determines if we make the loan or not.”

He noted that research has revealed that at Rabobank “we see a relatively stable ag economy over the next 12 months.  There will be a few hiccups for some sectors namely dairy and nut crops.  A bigger issue for ag is water availability.  In 2016, state-wide we saw an improvement in the water situation.  What happens in 2017 will be a question mark.”

With regard to interest rates, Dingler said modest increases appear to be on tap.  “We expect to see interest rates move slowly upward.  We’ve seen a 25 bp (basis points) rate hike (1/4 of 1%) already this year and may see two more before year end.  I don’t expect to see them go any lower.”

Turning specifically to Rabobank’s underwriting rules, Dingler said: “We have always applied very stringent and conservative underwriting standards and that didn’t change (because of the financial crisis).  While not always popular, that policy has kept ag lenders out of trouble and in the market with our borrowers.”

He repeated that “water is key” when a borrower comes in with a request for funds to grow a crop.  “They must have two sources of water,” he said.

Dingler noted that statistically California has about a 25 percent chance that any year is going to be a dry year.  If that situation, occurs the borrower has to have an alternative method of irrigating that crop.

When looking at loans, the Rabobank executive said it is very important as to what crop the borrower wants to plant.  For a permanent crop, such as almonds or tree fruit, there has to be a marketing strategy.  He noted that in the long term it may be difficult for almond prices to maintain the levels they have seen in recent years.  World markets have weakened.

For row crops, such as lettuce or broccoli, Dingler said typically the grower doesn’t borrow as much so the underwriting process is not as complicated.  It is typically a much shorter borrowing situation and the grower has much more of their own cash in the deal.

Dingler did express concerns for the next generation of farmers.  Costs are high, and it is difficult, he said, for a brand new farmer to finance a new operation.  “We do worry about where the next generation of farmers is going to come from.”

While Littlefield of Farm Credit West expressed some of the same sentiments and concerns from his organization’s perspective, he also noted that ag lending is all that Farm Credit does, so it has a different viewpoint than banks that operate in many different sectors.

For example, one such difference is when it comes to young farmers trying to get in the business.  “We only exist to finance farming operations,” he said.  “We need to exist 100 years from now and that won’t happen unless there are new farmers.”

He said many new farmers have family backing but he said Farm Credit directs many young farmers to government resources that can help them get started.  He noted that the organization has a robust program to help these future farmers…and customers…get started.  He did allow that a young farmer with a family background in the business is going to have a much easier time borrowing money than an urban kid, with no agricultural background, deciding that he or she wants to be a farmer.

From a 40,000 foot view, Littlefield said the general situation for securing funding today is far different than it was during the height of the financial crisis.  At that point liquidity had dried up and there was literally very little money to loan.  “It was very challenging to meet the needs of our customers.  Today the market is flooded with liquidity.  There are available funds for loans.”

Over the next two years, Littlefield expects “interest rates to rise nominally…less than 1 percent in total.”

With that being the situation, the key to borrowing in agriculture, he said, is the particular risk factor of the ag sector that you plan to operate in.  Specifically, Littlefield said dairy, some greenhouse production and boutique wineries have the most challenging situation in the immediate term.  He also noted that the dollar has strengthened considerably making the export market a bit less friendly, which can hurt sectors highly dependent on export sales, such as almonds.

As a general trend, Littlefield said diversification appears to be the direction of many ag operations, and it a trend that Farm Credit supports.  A grower of one crop adds another which very much helps the financial situation as it give more opportunities to hit a good market.  He did note that some very successful operations have found niches and do well specializing in one specific crop.  But as a strategy, he indicated that diversification is preferable from a loan underwriting perspective.

Littlefield also touted the firm’s research department as a tremendous advantage for its customers.  “Ag is all we finance.  We do it all day long,” he said adding that Farm Credit has experience in virtually every ag sector.

He also noted that the bank is not a transactional lender.  Its customers are stockholders.

Looking at the broad ag sector in California and Arizona, Littlefield said there is some expansion currently being undertaken but not as robust as it was a decade ago.  Moving forward, Farm Credit sees that the economy has softened a bit but the firm still expects to see a relatively strong U.S. economy in the short term.  He said the lending environment appears to be very stable.

But just like the Rabobank representative, Littlefield said the available of water is a very important factor in a farming operation’s loan request.  Farm Credit does not require two sources of water, but it does want the applicant to have a clear plan for securing water for his crop.  And, he said, Farm Credit’s research department does work with its customers to reduce their water needs or switch to crops that match up better with the water they do have.  He said among the institution’s customers there are very few people who flood irrigate.  Much more efficient methods of irrigating are now being used.  In addition, he said a farmer has to be smart about what he grows.  “You need six acre feet (of water) for a corn crop.  You only need 3.5 acre feet for pistachios.  Maybe that makes more sense.”

He said Farm Credit representatives help their customers work through these issues and create a better farming strategy to utilize the resources available to them.  In succinctly stating the organization’s lending philosophy, Littlefield said “we finance relationships.”

A Shrinking Tool Box?

July 7th, 2016

By Ben Sacher

The Environmental Protection Agency (EPA) is responsible for approving and reapproving crop protection tools, weighing the risks to human health and the environment against their benefits.

This science-based, risk-benefit approach is rigorous: millions of dollars are spent to show the safety and efficacy of products.  Growers don’t always get or keep the tools they want, but a reliable science-based process has supported the safe use of the products growers rely on while protecting health and the environment.  Maintaining the integrity of that process is vital to the continued health of American agriculture.

Unfortunately, over the last several years, activity in federal courts fueled by activists and at EPA has accelerated pressure on important crop protection tools and, in some cases, threatens the integrity of that process.  Threats include the use of more conservative approaches to assessing the impacts of pesticides, and developing new approaches that seem to focus only on theoretical or potential risk.  Western Growers is working to not only protect specific compounds and uses, but to ensure that EPA follows a transparent and science-based process.

 

Chlorpyrifos

In a number of areas, EPA appears to be adopting more conservative approaches that some say violate the normal order of their pesticide approval and review process.

One of the most relevant developments to our industry is the move to revoke all tolerances for chlorpyrifos, a widely-used, broad-spectrum insecticide registered on many fruits, tree nuts and vegetables.  EPA has used conservative water modeling, and applied a safety factor based on unverified studies to propose to revoke the tolerances for chlorpyrifos.  The moves seem to run counter to long-standing precedent at EPA.  Typically, EPA will consider a range of evidence, but it appears to have elevated less reliable information over rigorous laboratory testing and monitoring data. In addition to conservative water modeling, EPA is also looking to epidemiological studies that show associations between indoor chlorpyrifos use and developmental outcomes.  Finally, EPA proposed to set firm numbers on safety levels based on epidemiological studies for which the underlying data has not even been made available to EPA to analyze!  Western Growers, as well as the crop protection industry, has loudly raised concern to EPA and USDA about the use of these new techniques—all of which appear to be aimed at the outcome of making it harder to use pesticides.  We have been very firm that science should not presuppose an outcome; rather, the evaluation process EPA uses should maintain its historical integrity.  Recently, EPA’s own science advisory panel strongly warned against using the epidemiological studies in this way.  Western Growers has filed multiple comments highlighting the benefits of chlorpyrifos and expressing concerns over EPA’s approach.  EPA is required to make a decision on revoking tolerances by December 2016.

 

Pollinators

The impact of pesticides to pollinators has been a flash point for years, with activists pushing to ban entire classes of pesticides that have the potential to harm bees.  Fortunately, in 2015, the White House worked with a wide spectrum of stakeholders to put forward a balanced strategy to better understand pollinator losses and improve pollinator health.  The strategy recognizes that a range of factors impact pollinators.  Pursuant to that strategy, EPA is conducting a science-based risk assessment of four neonicotinoid pesticides, which have been targeted as a cause of bee decline.  In January, EPA released a draft pollinator risk assessment of one of the four compounds, imidacloprid, and found that use of these products on only citrus and cotton surpass a threshold for harm to bees.  These risks can be mitigated with appropriate best management practices.

Unfortunately, EPA’s public statement gave the impression of widespread risk, while the study itself affirmed the safety of imidacloprid in almost all cases.  Western Growers submitted comments to EPA emphasizing the importance of clear factual communication with the public and a science-driven process.  Western Growers is working with the citrus industry, chemical companies and other stakeholders to inform the public, Congress and the Administration about the importance of neonicotinoids, and to urge a balanced, science-based approach to pollinator issues, as is outlined in the White House initiative.

We are extremely worried about a host of activist groups pushing their anti-pesticide agenda with the EPA and the EPA bending to unscientifically-based pressure to restrict use without industry rebuttal.  Western Growers will continue to be engaged on the pollinator issue as additional neonic compounds are reviewed.

Even on sensitive topics in a political environment, we can successfully protect growers’ interests.  In 2014, EPA proposed a revised Worker Protection Standard, claiming that “a sizable portion” of workers “may be exposed” to pesticides that “can pose” significant health risk.  Absent from this was a clear case that current standards are inadequate, and identifying shortcomings new requirements would address.  With support from worker advocates, EPA proposed a number of new requirements that Western Growers objected to.  And while agricultural was notably absent when the final rule was announced with Labor Secretary Thomas Perez and United Farm Worker President Arturo Rodriguez, EPA did act on many of our concerns.

Even when the narrative is difficult to change, a strong response from agriculture can and does lead to improvements.  Growers face an unpredictable environment for crop protection, with headwinds from activist pressure and changing science approaches.  Western Growers and other agriculture groups are battling to protect important crop protection tools, and to prevent a scientific process from being drive by politics.

HARVESTPORT: The Airbnb of Farm Equipment

July 7th, 2016

Wipe the dust off that tractor sitting idle on the farm. There is now an online marketplace where farmers can rent out their equipment not currently being used for harvest—and it’s called HarvestPort.

HarvestPort helps farmers monetize idle equipment during their off-season. “Agribusinesses are not realizing the millions

of dollars that could be earned from capital equipment sitting idle large portions of the year,” said Brian Dawson, founder and CEO at HarvestPort. “Our online marketplace helps farmers earn revenue and cut costs related to logistics and equipment, while at the same time removing the administrative headache that comes with asset management. It’s a win-win.”

Dawson refers to HarvestPort as the “Airbnb” of agriculture equipment and assets. Like Airbnb (a website for people to list, find and rent lodging), HarvestPort allows participants to both lease and procure planting, harvesting, transport and storage resources. This includes everything from harvest trailers, bins, forklifts, irrigation pipe, machinery and more.

For example, a stone fruit grower in California uses his tractors two to three months out of the year. When the grower is done with the harvest, he can take those tractors and list them on the HarvestPort platform so another grower can borrow them. The stone fruit grower earns money off season without having to track, trace and follow up on the logistics; and the borrowing grower gets nearby equipment at the lowest price without having to tie up capital in seasonally-used assets.

 

Easy as 1, 2, 3

When constructing the HarvestPort platform, Dawson and his team ensured that the website was intuitive and easy to use. Lending and borrowing is as easy as one, two, three. Lenders list their seasonally used resources at a price they choose, evaluate all the incoming requests and select a borrower. Conversely, the borrower requests the asset they need, reviews the lenders in the area and reserves the desired equipment.

For the entire process, HarvestPort manages the accountability and invoicing related to the exchange. The company matches the equipment needed with the equipment being sought based on search selections such as price, date needed and geography. Once a match has been made, the borrower and lender negotiate a price and terms of lending that works best for both.

“What’s great is that our platform keeps you completely anonymous,” said Dawson. “We understand how sensitive company information can be—especially in agriculture. We make sure to keep all client and billing information confidential.”

 

Next Steps

Prior to launching HarvestPort, Dawson had founded an asset rental and logistics company whose clients were primarily large specialty crop growers, packers and processors. He was frequently being approached by clients who wanted a means to monetize equipment off-season. Along with Carson Britz, Chad Hokama, and Tim Koide, he started HarvestPort in July 2015 to help improve asset utilization in the agricultural industry. The company officially opened its doors to the public in March 2016 and already has a strong client base of nearly 50 users.

The company is currently assessing potential partnerships with multifaceted organizations to further bolster its offerings. One partnership is with Western Growers and its Center for Innovation & Technology.

“The Western Growers Center for Innovation & Technology allows startups to directly access some of the largest and most influential agricultural businesses and executives in the U.S.,” said Dawson. “This market access allows startups to leap over the traditional barriers to market entry.”

As one the 16 agtech innovation companies in the Center, HarvestPort works with farmers and other innovators to enhance the platform. HarvestPort recently launched a “Direct Offer” product feature that allows packers to instantly onboard their growers in order to have greater visibility into supply chain asset movements to and from the field. The goal is to reduce friction between affiliated organizations by making it seamless for growers to access key harvesting assets like bins precisely when they need them, and to ensure that packers have a tool to track and document these handoffs and mitigate any loss and damage.

 

LEGISLATOR PROFILE: California Assembly Jim Frazier of the 11th District

July 7th, 2016

 

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

 

Where were you raised and tell us a little bit about your early life experiences?

I grew up in Concord, Calif., but in the middle of high school, my father, who worked for PG&E, was transferred to Fresno.  I graduated from Clovis High School in 1977.  I was an athlete in high school but was hurt playing football and didn’t continue on past high school.  After I graduated from high school, I went through a carpenter apprenticeship program and became a carpenter and then eventually a general contractor in 1989.  I worked as a general contractor in the Bay Area, headquartered in Oakley, until 2012 when I was elected to the State Assembly.

 

I know it was a family tragedy that led you into the political arena.  Please explain the path you took to the State Assembly?

My daughter was killed in a traffic accident.  In fact, when we got to the hospital, they told us both our daughters were dead.  (That did not prove accurate as his daughter Lindsay was in critical condition but ultimately survived.)  After getting Lindsay through rehabilitation, it became my quest to fix the road that killed my daughter.  (Research showed that this road to Lake Tahoe was a particularly dangerous stretch with numerous fatalities.)  I was successful in getting that corridor improved, which led me to other public service positions, including terms on Oakley’s Planning Commission, the Oakley City Council and I served as mayor of Oakley.  We were able to secure a lot of funding for road improvements in our area.  When this position opened up, I decided to run for the office and try to expand what I was doing to a wider area.

 

Was transportation the signature issue on which you ran?

Transportation and agriculture.  I have a lot of ag business and rural areas in my district and those things are important to me.  Of course, in Brentwood we have sweet corn and now there are a lot of grapes in the Oakley area.  Transportation is also very important.  Improving our system is something I want to continue to pursue.  As a contractor for 23 years, I am a project guy.  I love working with the civil engineers and others in the industry to identify and solve problems.  I am the chair of the Assembly Transportation Committee for this reason.  We didn’t get the boost we wanted in the current budget, but we are hoping to get a funding bill in the Special Session that is running concurrently with the current session.  In the state of California, we have a deferred maintenance issue when it comes to our roads and bridges.  We have 50,000 lane miles that we are responsible for and 13,000 bridges.  Many of these were built 60 years ago.  If we don’t start a maintenance program soon, we are going to have a big problem on our hands.

We have about an $80 billion problem.  Right now we are working on an $8 billion plan to get this moving.

 

Is there opposition to the idea or is it more a matter of arguing priorities?

I don’t think that transportation should be a partisan issue.  Everyone drives and everyone needs the infrastructure to be fixed.  We have a user pay system that relies largely on the gas tax, which hasn’t been raise since 1993 or ’94.  In fact, we are operating on less real funds (for highway maintenance) than we had when the gas tax was conceived in 1923.  I understand there is a philosophy out there that we can’t have any new taxes and we must survive on what we already have.  But that’s not possible.  There is no such things as a “freeway.”  Opponents say we have the highest gas tax in the nation, but we also have the most infrastructure.

We’ve just had a reduction in the excise tax which is going to cost us $1 billion.  We have to be able to keep up.  The freight dynamic is an important one.  Agriculture greatly relies on the highways to move its products.  We have to have good roads so trucks can make their turns and the mountain of goods we have can move into commerce.

 

In other articles, you’ve been described as a moderate.  What is your political philosophy?

I take a common sense approach.  I signed the front end of a paycheck for 23 years.  I was a contractor and now I believe I have a contract with the people.  Every time I sign on to a bill, that contract with the people matters.  I want clean air and a good environment, but there has to be a balance.  I believe when we need a regulation we need to work with industry and ask them to tell us how we can accomplish what we need to get done.

 

How important is agriculture to the state?

It is absolutely important.  Agriculture is made up of family businesses that are very important to our economy.  I know water is a big issue and I want to help agriculture.  I hope the industry understands it has a direct line to me.  I am absolutely concerned about agriculture and its issues and I want to be a problem solver.

 

What are your views on the various water issues facing agriculture including the Delta plans?

I am absolutely against the twin tunnels.  I have made it very clear, that with regard to the Water Bond, the largest proportion of those funds have to go to storage.  We have a real cycle of drought in the state and we have to provide more storage.  We have more houses and more people and more demand.  The infrastructure has to keep up with it.

 

Honey Bees: Are They in Decline?

July 7th, 2016

Pollinators—birds, bats and insects that carry pollen from one plant to another—contribute substantially to the economy of the United States. Pollinators are essential for maintaining many types of ecosystems and play a key role in food security and the sustainability of our food supply. Honey bees, in particular, enable the production of at least 90 commercially-grown crops in North America.

Every year, thousands of commercial beekeepers transport hives of bees to pollinate almonds, blueberries, cranberries and other fruits and vegetables. They play a vital role in keeping fruits, nuts and vegetables in our diets. Honey bees’ colony numbers have changed over time. Some talk about long versus short term changes. What is really happening to honey bees?

Late in 2006, mortality rates higher than previously recorded on bee populations were reported and attributed to a phenomenon called Colony Collapse Disorder (CCD). When a bee hive has been impacted by CCD, adult bees disappear and there are no signs of dead bees. There has been speculation about its causes, and currently there is general agreement that a combination of several factors may have contributed to this situation.

According to a 2012 report authored by Randal R. Rucker and Walter N. Thurman, between 2007 and 2011, approximately 30 percent of U.S. bees alive each fall failed to survive to pollinate blossoms in the spring. Widespread die-offs due to disease have long been recorded, but CCD was worse than usual. The authors believe that political and socioeconomic factors have contributed to colony declines in Europe and the United States over the past half-century. Yet the overall global number of colonies has increased 45 percent since 1961. Beekeepers have reported high hive losses, but they typically rebuild their colonies, which explains why the colony numbers continue to increase.

Long-term and short-term statistics can be used out of context if background information is not provided. In a White House statement, it was reported that the number of managed honey bee colonies in the United States has declined steadily over the past 60 years, from six million colonies (beehives) in 1947 to four million in 1970, three million in 1990, and just 2.5 million in 2014. According to USDA statistics, the number of managed honey bee colonies in the United States has increased in the last 10 years—hitting a 20-year high of 2.7 million colonies in 2014.

While both statements highlight historical data, they can be confusing. The fact is that these declines in colony numbers did not begin to level off until the mid-1990s; colony numbers have slightly increased in the last 10 years, but are still lower than levels before 1990.

Beekeepers are currently dealing with more challenges than decades ago; scientists believe that bee losses may be caused by a combination of stressors including:

•    Parasites and diseases: Varroa destructor is the most destructive parasite beekeepers deal with. Introduced in 1987, these mites are becoming resistant to commercial miticides and cause massive annual losses of colonies in the United States.

•    Less genetic diversity: Commercial queen production in southern and western states has produced almost 900,000 queens from about 600 queen mothers. This has resulted in the best quality queen bees, but has also raised concerns about genetic bottlenecks impacting bee health.

•    Lack of forage diversity: Extensive areas of monocultures limit the sources of pollen for bees, which requires many beekeepers to provide less-than-optimal sugar water substitutes.

•    Poor bee nutrition: Bees need nutrients from diverse flora, and pollen from different plants to sustain their colony health.

•    Exposure to pesticides: Some pesticides can be toxic to bees and could reduce the number of flowering plants available to foraging bees.

•    Migratory stresses: Transporting bees can restrict bees diets and expose them to parasites and diseases, some studies report up to 10 percent losses after transportation takes place.

There are still some research gaps, which could bring opportunities to develop strategies that maintain healthy bee populations, increase their survival rate and reduce bee losses. The list above illustrates that several factors can contribute to poor bee health and bee losses. They must be completely understood and addressed to implement a holistic solution based on science and facts. Actions should not be based on emotions and special interests. While we are not in a bee crisis, we are facing a very challenging period. A comprehensive solution is needed to benefit bees, beekeepers, producers and consumers.

In June 2014, President Barack Obama issued a Presidential Memorandum aimed at creating a federal strategy to promote the health of honey bees and other pollinators in response to the challenges related to commercial bee-keeping. One of the major steps to tackle these challenges is the establishment of the Pollinator Health Task Force lead by the U.S. Department of Agriculture and U.S. Environmental Protection Agency. In May 2015, this Task Force released the following overarching goals: 1) restore honey bee colony health to sustainable levels by 2025; 2) increase Eastern monarch butterfly populations to 225 million butterflies by year 2020; and 3) restore or enhance seven million acres of land for pollinators over the next five years.

In addition, a Pollinator Research Action Plan was released and outlines needs and actions to understand pollinator losses and improve pollinator health; this plan made clear the importance of coordination existing federal research efforts and additional resources moving forward.

While producers have a limited role in filling these research gaps, there are a couple of things producers can certainly do to support bee health: 1) provide habitat and/or diverse forage for bees in particular when limited crops or only one crop is grown by a producer, for example extra planting in orchards can help; and 2) continue to follow pesticide label instructions to avoid any negative impacts on all pollinators.

This second point is particularly important considering there has already been an incident of pesticide misuse in an urban area that brought emotional issues into policy. This incident took place in Wilsonville, Oregon, in 2013. It caused the largest mass poisoning of bumble bees ever documented in that region. This happened as the result of applying an insecticide to flowering trees that attracted bees, which was against the instructions of that label and violated the law. Unfortunately, the conversation did not focus on this violation, on training or preventing incidents like this, but in restricting the use of this insecticide. While crop protection tools are needed, they must be used as directed by the label.

Pollinators play a key role in the production of most fruits and vegetables. What happens to honey bees is relevant to the produce sector, beekeepers, consumers and ultimately to our ecosystems.

WG 91st ANNUAL MEETING: Kauai Offers Great Backdrop For Exciting Gathering

July 7th, 2016

Just as they did a bit more than 90 years ago for the first time, the movers and shakers in the California and Arizona fresh produce industry have picked an impressive venue in which to hold their annual meeting.

On March 9, 1926, it was the newly-opened Planters Hotel in Brawley, CA, that hosted the first organizational meeting of what would become the Western Growers Protective Association.  On Nov. 6-9, Western Growers will hold its 91st meeting at the Grand Hyatt on the island of Kauai in Hawaii.  On its website, Hyatt officials promise that “an extraordinary experience awaits you at Grand Hyatt Kauai Resort & Spa. You’ll discover the true spirit of grand Hawaiian hospitality at every turn in our spectacular beachside resort.”

The elegantly-designed guestrooms offer stunning ocean, garden or pool views from a private lanai.  The world-class spa and championship golf course offer amenities second to none in this area.  In addition, there are many dining options, from poolside casual to elegant Italian to contemporary Hawaiian.

The hotel encompasses more than 65,000 square feet of indoor and outdoor space with spectacular views.  One of those great outdoor spaces will be utilized for the Opening Reception on Sunday, Nov. 6 as well as the closing Suppliers’ Party on Wednesday, Nov. 9.  In between there will be many educational and social functions to keep the discerning Annual Meeting attendee engaged, informed and entertained.

Many of the events are still moving through their planning stages as speakers are being lined up and invited.  But much is also already known:

 

Workshops

A strong lineup of workshops has been developed.

1.   Criminal Liability for Food Safety Violations: This workshop will explore strategies to deal with the Department of Justice’s new Yates Memo, and the increased criminal exposure for executives in the fresh produce industry.

2.   Innovation Arena 2: Select tech companies are being invited to pitch their innovations and ideas for agricultural technology to a panel of Western Growers judges. Audience participation will be part of the process as attendees of the workshop will help determine the winner(s).

3.   Top Chef: There will once again be a food preparation demonstration.  The details of this always-popular workshop are still being developed.

4.   A lively fourth workshop will also be held though the details have yet to be revealed.

 

PAC Lunch Speaker

James Nicholson –

Nicholson served as Secretary of the Department of Veterans Affairs from 2005 to 2007.  Prior to his tenure at the VA, he served as U.S. Ambassador to the Holy See.  Nicholson has led an active political life, which includes serving as chairman of the Republican National Committee from 1997-2001.  He has worked on a number of political campaigns at every level, from county commissioner to U.S. President.  As Chairman of the Republican National Committee, he set records for fundraising, and in 2000, presided over winning the presidency and majorities in the U.S. Senate, the U.S. House, state houses and state legislatures.

 

Western Growers Award of Honor Recipients

Miles and Garland Reiter

 

Entertainment

Jeff Tracta has become the most sought after impressionist in the world today.  With an array of more than 100 spot-on impressions, he pays tribute to 50 years of music, comedy and pop culture in his act.  From legendary icons such as Bob Dylan and Elton John to current music stars such as Bruno Mars and Lady Gaga, his show has something for everyone.

 

 

Schedule of Events

November 6

Sunday                              Event                                                                                  Location

10:00am to 02:00pm     Executive Committee Meeting                        Garden Isle 4, 5

01:00pm to 07:00pm     Registration Desk Open                                          Circle of Life

05:30pm to 07:00pm     Welcome Reception                                                Ilima Garden

 

November 7

Monday                             Event                                                                                  Location

08:00am to 06:00pm     Registration Desk Open                                          Circle of Life

08:30am                           Board of Directors Breakfast                                  Grand 1, 6, 7

08:30am to 11:30am      Board of Directors Meeting                                   Grand 1, 6, 7

10:45am to 12:15pm     Workshop I                                                                        Grand 2

12:30pm to 02:15pm     PAC Lunch                                                               Grand Garden

02:30pm to 03:45pm     Workshop II                                                                Workshop II

 

November 8

Tuesday                             Event                                                                                  Location

08:00am to 04:30pm     Registration Desk Open                                          Circle of Life

09:45am to 11:15am      Workshop III                                                                      Grand 2

11:30am to 01:15pm     Major Lunch                                                            Grand Garden

01:30pm to 03:00pm     Workshop IV                                                                      Grand 2

06:00pm to 06:45pm     Chairman’s Reception                                           Grand Garden

06:45pm to 10:00pm     Award Dinner                                                      Grand Ballroom

 

November 9

Wednesday                      Event                                                                                  Location

07:00am to 08:15am      Golf Registration and Breakfast            Poipu Bay Golf Course

08:30am to 12:30pm     Shotgun Golf Tournament                     Poipu Bay Golf Course

12:30pm to 01:30pm     Lunch                                                         Poipu Bay Golf Course

06:30pm to 09:30pm          Suppliers’ Event   Shipwreck Lagoon

DON’T FORGET TO VOTE

 

The Western Growers Annual Meeting will be held during the November Presidential Election.  That will require all but the Hawaiian members of the association who attend to vote by absentee ballot.

 

Absentee Vote By Mail

California

Any registered voter may vote using a vote-by-mail ballot instead of going to the polls on Election Day.  California law also allows any registered voter to become a permanent vote-by-mail voter.  To request a vote-by-mail ballot for one election or to become a permanent vote-by-mail voter, follow the simple process described on the California Secretary of State website (www.sos.ca.gov).  The application to vote by mail can also be found on that website. Applications must be received by November 1, 2016.

 

Arizona

You can request to vote early and cast an early ballot in-person at the same time.  You can vote early at any early voting location in the county you are registered to vote, or at your county recorder’s office.  Times and dates may vary at locations based on the early voting facilities’ business hours.  Early voting starts 26 days before the election.  You can request an early ballot within 93 days of any election.

For information on early voting locations, including times and dates for early voting, contact your County Recorder.

 

Colorado

Colorado has “no-excuse” mail-in voting.  All registered voters will automatically receive a ballot in the mail.  Complete your ballot and return by mail.

AMERICA’S VETERANS: Moving from Battlefields to Farming Fields

July 7th, 2016

It may not seem obvious, but the military and agriculture have a common bond.  The connection is based in the rural nature that is part of each.  According to the U.S. Department of Veterans Affairs, there were approximately 22 million veterans in the United States in 2014 and more than five million of them lived in rural areas.  That’s not surprising especially when you factor in that a disproportionate share of active service members hail from rural areas and most return to their rural lives after their time in the service is complete.

Because so many veterans come from rural places, many have some interest in or experience related to farming.  That background, combined with the skill sets, character and discipline typically gained while serving in the armed forces, make them prime agriculture recruits.  Getting the proper training, and having access to the necessary resources to find those jobs, however, can be difficult, especially for those without strong ties to the civilian workforce.  Enter The Farmer Veteran Coalition (FVC).  The FVC connects veterans with agriculture companies and organizations making it easier for them to find employment and enter the civilian work world once they have finished serving their country.

 

Organization Mission and Programs

While there are many local and state-based entities dedicated to introducing veterans to farming, the FVC is the only national organization of its kind servicing veterans in all 50 states and U.S. territories.  The mission of this unique non-profit organization is simple: to “cultivate a new generation of farmers and food leaders, and develop viable employment and meaningful careers through the collaboration of the farming and military communities.”  The organization believes that the meritocracy of agriculture promotes responsibility and offers purpose and opportunity, as well as physical and psychological benefits for those who wish to join its ranks.

Although rural veterans make natural recruits, the FVC will help train and place any veteran who is interested in pursuing a career in the farming.  The types of jobs are wide-ranging and are typically mid-management level or higher.  Positions can be anything from managing shipping docks and irrigation systems to overseeing food safety programs and sales departments.

The FVC promotes both self-employment and employment opportunities on a full-time or part-time basis.  With half of the veterans in the FVC program having some level of service-connected disability, for some, the money earned is a supplement to disability income.  The FVC employs a variety of tools to assist veterans, including providing resources, grant funding, education, apprenticeships, internships and training.

The organization even boasts its own Homegrown by Heroes (HBH) brand, a nationally recognized and promoted program—first developed by the Kentucky Agriculture Department and later adopted by the FVC—that provides farmer veterans with consumer visibility for their products at the point of sale.  Participants and products must provide proof of their veteran status to become certified under the label.

 

Organization Background

Inspired by his own life experiences and a University of New Hampshire Carsey Institute study that confirmed many military enlisted have roots in rural America, Michael O’Gorman founded the FVC to introduce veterans to agriculture.  Trends and demographics pointed to the fact that veterans generally return to rural areas across the country once they end their tours of duty.  Unfortunately, settling back into rural areas meant those veterans would likely be further removed from needed services and opportunities than their urban counterparts.  O’Gorman wanted to ease that disparity.

He left a successful 40-year career in agriculture–most recently working for Jacob Farms/Del Cabo where he managed 1,600 acres of organic fresh produce in Mexico—because he believed he could help veterans replicate his own personal experience in the industry.  While many farmers have benefited from having at least one generation of family farming experience behind them, O’Gorman started his farming career disadvantaged.  Lacking the money, land and experience to start a business, O’Gorman’s deep belief in the value of agriculture enabled him to become one of the most successful organic farmers in the country.

The FVC has more than 8,000 members nationally, including in states represented by Western Growers.  California has the largest membership of any state with approximately 800 members.  “We’ve figured out how to channel some of the bottom-up energy,” O’Gorman said, acknowledging the grassroots popularity of the organization’s efforts.

The FVC leader said that although the organization exists to help veterans, it’s the vets who often ask how they can help the organization.  According to O’Gorman, when veterans first learn about the organization, they say, “Wow! Two things that are so important to me: military and agriculture.  How can I help?”

 

FVC Partners and Sponsors

Many organizations, both ag and non-ag, are currently partnered with or sponsors of the FVC and provide offerings that help veterans in a variety of ways. “Our secret weapon is that we are a small organization—how it works is through partnerships.”  Collaborators such as USDA, Farm Credit, Wells Fargo, ag trade organizations and a host of private companies offer financial support, access to jobs, financial literacy training and business advice.  Their interest and desire to help those who have served our country provides O’Gorman with a strong foundation of partners with which to work.

In May, Farm Credit Vice President and FVC Chairman Gary Matteson addressed WG Board members attending the annual Washington, D.C., fly-in briefing them on the organization and its mission.  Several board members expressed an interest in working with the group.  And O’Gorman is interested in working with Western Growers.  He recognizes California and Arizona are a different type of agriculture compared to grain farming in the Midwest and said the industry is generally “employment rich” with a range of middle management jobs.

“If we were to work with Western Growers, that is what we would be interested in; how to find that work and match the skills to someone coming out of the military,” O’Gorman said.

Western Growers will explore this organization in greater depth, as well as other organizations connecting veterans with ag, in future editions of WG&S.  Contact Jeff Janas ([email protected]/(949) 885-2318) for more information about the FVC or to connect with the organization.

Correcting Errors on ACA Tax Forms

July 7th, 2016

If you have submitted your 1094-C and 1095-C tax forms with incorrect information, the Internal Revenue Service requires employers to timely correct the information, refile the forms and re-furnish them to employees.  These information returns must be filed timely and accurately or penalties may apply; however, the IRS has stated that there is relief in 2016 for good faith efforts.

The information that must be fixed includes, but is not limited to, incorrect employer identification numbers, employee names, addresses, or social security numbers.  The IRS 2015 Instructions for Forms 1094-C and 1095-C include a number of specific steps to follow when errors occur, but before we get to the Instructions, let’s examine a little background.

 

A Little Background:  The AIR System

The IRS’s newly created Affordable Care Act Information Returns (AIR) system was built to accept the 1094-C and 1095-C forms.  The AIR system is different from the system used to electronically file W-2s.  Importantly, the AIR system verifies that the name and SSN on the 1095-C actually matches the Social Security Administration (SSA) records.  If the records do not match, the AIR system returns a TIN/Name mismatch.

Mismatches can occur due to innocuous reasons like typos, misspellings, or employees failing to update the SSA when they get married or divorced. Not so innocuous reasons may involve identity theft.  However, it’s best not to jump to any conclusions and the IRS advises that you should not use the receipt of an IRS notice of a TIN mismatch as grounds for employee termination.

Your first step should be to determine why you’ve received an error or mismatch.  Check your records.  What did your employee list on his or her W-4?  Do you have a copy of the employee’s Social Security card used to complete the I-9?  You may, of course, speak with your employee in order to understand why a mismatched occurred.

Please note, mismatch notices may raise I-9 compliance issues.  If your employee admits that the name and SSN initially provided to you was false, this likely constitutes notice that the individual is not authorized to work under federal immigration law and is subject to termination.  Other circumstances may give rise to constructive or inquiry notice, for example, if an employee provides a new name and SSN an employer may be required to make a reasonable inquiry as to the nature of the change.

To prevent or avoid SSN mismatches employers may take advantage of the SSA’s Social Security number verification service.  Employers may create an account and verify that employee names and SSNs match the SSA’s records.  To sign up for an account visit: https://www.ssa.gov/employer/ssnv.htm.

 

IRS’s Correction Instructions

The instructions provide the following steps that you should follow if you are notified that your forms contain errors:

 

Form 1095-C

If any of the following are incorrect: Name, SSN, Employer EIN, Offer of Coverage, Premium Amount, Covered Individuals Information, then you must:

1.   Prepare a new Form 1095-C

2.   Enter an “X” in the “CORRECTED” box at the top of the form

3.   Submit corrected Form 1095-Cs with a non-authoritative Form 1094-C transmittal to the IRS

4.   Furnish a corrected Form 1095-C to the employee

 

Form 1094-C

If any of the following are incorrect:

•    ALE Member or Designated Government Entity (Name and/or EIN)

•    Total Number of Forms 1095-C filed by and/or on behalf of ALE Member

•    Aggregated Group Membership

•    Certifications of Eligibility

•    Minimum Essential Coverage Indicator

•    Full-Time Employee Count for ALE Member

•    Aggregated Group Indicator

•    Section 4980H Transition Relief Indicator

Then you must:

1.   Prepare a new authoritative Form 1094-C

2.   Enter an “X” in the “CORRECTED” box at the top of the form

3.   Submit the standalone corrected transmittal with the correct information present

 

Timely Furnishing and Filing

Ordinarily the 1095-C must be furnished to employees by January 31 each year and filed with the IRS by February 28 (by mail) or March 31 (electronic filing).  These deadlines were extended for 2016 because this is a new reporting process and the IRS is allowing employers extra time to comply.  For reporting year 2015 only, the furnishing to employees date was extended to March 31, 2016, and the filing with the IRS dates were extended to May 31, 2016 (by mail) and June 30, 2016 (electronic filing).

 

When Do Corrections Need to be Filed?

According to the IRS, corrections should be filed as soon as possible; however, they do not need to be filed prior to the due dates (above) but they can be.

(For a more complete article on this subject, please go the WGA website (www.wga.com/1095)

 

Workers’ Compensation Ex-Mods Changing— Fewer Claims Equal Less Premium

July 7th, 2016

Effective January 2017, the method for calculating experience modifications (ex-mods) for all California employers will be changing.  For future ex-mods, the calculation will be based primarily on the number of workers’ compensation claims, and there will be much less emphasis on the dollar amount of claims.

Since higher ex-mods equates to higher premium costs, it is in the best interest of all companies to reduce their ex-mod.  Businesses should therefore focus on efforts to reduce the number of injured worker claims they have, because that will have a significant impact on their ex-mod and related workers’ compensation premium.

Ex-mods are a reflection or a “grade” of how your business compares to other similar businesses with workers’ compensation claims.  The average grade for all businesses in California is 100.  If you have more workers’ compensation claims than your peers, your ex-mod will be graded higher than 100.  If you have fewer claims, your grade will be less than 100.  Ex-mods over 100 equate to higher premiums.  For example, a company with an ex-mod of 130 pays 30 percent higher in premiums than a similar company with an ex-mod of 100.  A company with a 75 ex-mod pays 25 percent less in premium than a company with a 100.  Reducing a company’s ex-mod can have a large effect on its ultimate workers’ compensation premium costs.

Prior to this change, a big part of the ex-mod was calculated based on the actual cost of the workers’ compensation claims.  Under the CURRENT system:

•    Although the number of claims has an impact on the size of the ex-mod, the actual dollar cost of individual claims had as much of an effect on the size of the ex-mod as the actual number of workers’ compensation claims.

•    A company can have a number of small dollar claims and it will not have a significant impact on its ex-mod.

•    However, if one or more of those claims is for a large dollar amount, it can drive the ex-mod to be much higher.

•    Even a company that has only one or two claims could have a very high ex-mod simply because of the size of the claims.

Starting January 1, 2017, the focus will now be on reducing the number of claims.  The Workers’ Compensation Insurance Rating Bureau (WCIRB), the entity that sets ex-mods for all California companies, has recognized that most companies have little or no control over the cost of claims.  Claims are usually a reflection of the type of injury or illness, and it’s difficult for an employer to control the cost of a claim once an injury has occurred. Under the NEW system:

•    Large claims will not have any more impact on ex-mods than smaller claims.

•    The WCIRB has changed the system to calculate ex-mods based on the number of claims and removed much of the impact that large claims have on the ex-mod.

•    The focus is now on reducing the number of claims.

•    Fewer injuries mean better working conditions, happier workers and reduced costs to businesses.

There are other factors used to calculate the ex-mod, but essentially, the fewer claims a company has, the better its ex-mod will be.  As an example, a company with a lot of small losses had an ex-mod of 100 under the current system.  In the new system their ex-mod calculates to be 109.  In another case, a company with fewer losses but one large loss has a current ex-mod of 133.  With the revised system, its ex-mod projects to be 109, or 24 percent lower.

How can a business take advantage of the changes that are being made?  First and foremost, find an insurance representative who understands how the new system works and what you can do to maximize it to your benefit.  Since there are several calculations that are being made by the WCIRB and insurance carriers, having an agent who can make sure your company information is used correctly in calculating the ex-mod will be very important.  Extensive safety training for workers to avoid injuries as well as process reviews and site inspections to help to identify exposures will reduce the number of reportable workers’ compensation incidents.

Western Growers is prepared to assist any members who are interested in preparing for the new system.  Contact our insurance services team if you have any questions.

 

Reminder – Western Growers’ Offices Closed Monday in Observance of Independence Day

July 1st, 2016

This is a reminder that Western Growers’ offices will be closed on Monday, July 4, in observance our Independence Day. We wish you and your families and happy and safe holiday!

Happy Independence Day!

Register Today for the Annual Meeting in Hawaii

July 7th, 2016

The Western Growers 91st Annual Meeting is quickly approaching, and this year’s event at the Grand Hyatt Kauai is one that you will not want to miss.

The workshops will prove informative as you learn about the latest on topics ranging from food safety to agtech. Additionally, you will enjoy the headline guests and entertainment, including the PAC Lunch speaker Jim Nicholson, former Secretary of the Department of Veterans Affairs, and celebrity impersonator Jeff Tracta, who will pay tribute to over 50 years of music, comedy and pop culture during the Award Dinner. 

Do not delay in registering for this marquee industry event. CLICK HERE TO REGISTER FOR THE MEETING.

Also, don’t forget to book your hotel room at the Grand Hyatt Kauai as they typically sell out fast. BOOK YOU HOTEL ROOM HERE.

For the full agenda, visit the Western Growers 91st Annual Meeting website. Contact Randy Hause at (949) 885-2265 for questions or additional information about this year’s meeting.