Overview of Trade Mitigation Programs for Specialty Crops

September 4th, 2018

U.S. Secretary of Agriculture Sonny Perdue has launched the trade mitigation package to assist farmers suffering from damage due to unjustified trade retaliation by foreign nations. The package offers three means of assistance to specialty crop commodities: Food Purchase and Distribution Program, Agricultural Trade Promotion Program, and a program that has yet to be determined for almonds and cherries.

Food Purchase and Distribution Program

The Food Purchase and Distribution Program is similar to that of the Section 32 program, following many of the existing guidelines, which enables the Secretary of Agriculture to purchase surplus food to be delivered to schools, food banks and households in communities across the country through its USDA foods nutrition programs.

Beginning this week, USDA’s Agricultural Marketing Service (AMS) will issue pre-solicitation notices through GovDelivery. These notices will outline products USDA intends to purchase from now through the next several weeks. AMS will purchase products (see chart below) over four quarters in the new federal fiscal year, which starts on October 1, 2018. In order to be considered you have to be an approved USDA vendor. To learn more about the requirement on becoming an approved USDA vendor, click here.

Food Purchases

Commodity

 Target Amount (in $1,000s)

Apples

$93,400

Apricots

$200

Beef

$14,800

Blueberries

$1,700

Cranberries

$32,800

Dairy

$84,900

Figs

$15

Grapefruit

$700

Grapes

$48,200

Hazelnuts

$2,100

Kidney Beans

$14,200

Lemons/Limes

$3,400

Lentils

$1,800

Macadamia

$7,700

Navy Beans

$18,000

Oranges (Fresh)

$55,600

Orange Juice

$24,000

Peanut Butter

$12,300

Pears

$1,400

Peas

$11,800

Pecans

$16,000

Pistachios

$85,200

Plums/Prunes

$18,700

Pork

$558,800

Potatoes

$44,500

Rice

$48,100

Strawberries

$1,500

Sweet Corn

$2,400

Walnuts

$34,600

Total

$1,238,800

 

Agricultural Trade Promotion Program (ATP)

The Agricultural Trade Promotion Program (ATP), with some slight variations follows most of the same procedures of the Market Access Program, providing cost-share assistance to eligible U.S. organizations for activities such as consumer advertising, public relations, point-of-sale demonstrations, participation in trade fairs and exhibits, market research and technical assistance. 

The goal of the program is to assist American agricultural exporters in identifying and accessing new markets and to help mitigate the adverse effects of other countries’ restrictions. Under the ATP, applicants may now submit proposals for the Foreign Agricultural Service’s (FAS) $200 million ATP Program. FAS will accept applications on a rolling basis until November 2, 2018. For more details regarding ATP and how to apply click here.

Almond and Sweet Cherries Program

Almonds and cherries are currently working with USDA on an alternative approach, which will be coordinated through the USDA for payment mitigation.

Program details yet to be determined

Commodity

Target Amount (in $1,000s)

Almonds

$63,300

Sweet Cherries

$111,500

Total

$174,800

 

For more information, check out USDA’s press release of the trade mitigation program.

For Western Growers’ thoughts on the recently released trade mitigation plan, check out our statement and video.

New Voice-to-Data Tech to Improve Workflow Management Discussed in Next Tech Talk

September 6th, 2018

During the next Tech Talk on October 17, 2018, AgVoice Global will share how Western Growers members can significantly improve productivity and workflow management using new mobile voice-interaction technology.

AgVoice, a resident of the WG Center for Innovation & Technology and past winner of the AgSharks™ Competition, is the world’s first voice and data management start-up company that allows ag professionals the freedom to work hands-free while on-the-go.

AgVoice CEO Bruce Rasa will cover the ins and outs of the startup’s mobile voice-interaction service, as well as explain how food and agriculture professionals can use the technology to capture insights on the go. Attendees will learn how proprietary analytics—including captured time stamps and location data—and raw voice files can be used to improve productivity and workflow management, increase documentation accuracy and gain valuable insights to optimize the use of resources in production.

For more information about AgVoice, join us for the Tech Talk on Wednesday, October 17, 2018, at 3pm PST.

EVENT INFORMATION

AgVoice Global Tech Talk®

Date: Wednesday, October 17, 2018
*please note change in date, moving the Tech Talk from October 16 to now October 17*

Time: 3:00 PM – 4:00 PM PST

Location: Online (you will be emailed a link when you register)

RSVP: CLICK HERE TO REGISTER

Tech Talks, which are offered at no cost, are hosted by the Center to introduce WG members and the community to the latest innovations.

Help Pass Prop 3 Water Bond to Ensure CA’s Water Future

September 11th, 2018

This coming November, California voters will have the opportunity to support Proposition 3, a measure that would invest $8.877 billion in water infrastructure and programs throughout the state. Prop 3, called the Water Supply and Water Quality Act of 2018, would provide funds to address a host of California’s critical water priorities, including safe drinking water, wastewater recycling, sustainable groundwater management, watershed restoration and fish and wildlife habitat conservation. Additionally, the bond would help restore the capacity of the Friant-Kern Canal, a vital component of the state’s infrastructure that conveys water to 1.3 million acres between Bakersfield to Fresno.

Prop 3 has already received support from conservation, agricultural, environmental justice, water and civic organizations, as it will benefit individual water users, the environment and agriculture. Western Growers officially endorsed Prop 3 in April 2018 and is now working with industry partners to move this measure forward and encourage California voters to vote yes on Prop 3.

Western Growers encourages members to spread the word and help pass Prop 3. Stay tuned to Spotlight for updates on this measure. In the meantime, for more information on Prop 3, visit https://waterbond.org/.

Ranveer Chandra of Microsoft to Keynote AgTechx Summit Next Week

September 11th, 2018

Western Growers is proud to announce that Ranveer Chandra, a principal researcher and partner at Microsoft Research, will be the keynote speaker during AgTechx – Delano on Tuesday, September 18, 2018.

Chandra is leading an Incubation on IoT Applications, building end-to-end scenarios and innovating on components from the sensors, gateways and to the cloud. Additionally, he is spearheading the FarmBeats project, battery research and the TV white space networking project at Microsoft Research.

His research has shipped as part of multiple Microsoft products, including VirtualWiFi and low-power algorithms in Windows 7, Windows 8, Windows 10, Energy Profiler in Visual Studio and the Wireless Controller Protocol in XBOX One. He is active in the networking and systems research community and has served as the Program Committee Chair of IEEE DySPAN 2012 and ACM MobiCom 2013.

Join us as we hear from Chandra on data-driven agriculture, as well as other leading technologists and agricultural pioneers, during AgTechx on September 18, 2018, at American Slavonic Social Club in Delano, Calif. CLICK HERE TO REGISTER HERE

EVENT DETAILS

AgTechx – Delano

Date: Tuesday, September 18, 2018

Time: 12:00pm – 4:00pm PDT

Location: American Slavonic Social Club (County Line Road & Road 148, Delano, CA 93215)

RSVP: CLICK HERE TO REGISTER HERE

AgTechx – Delano activities and highlights include:

  • 3 Panels and Discussions on Ag Challenges faced in the Central Valley:
    • View From the Farm: The Next Generation
      • Gabriella “Kiki” Sandrini (RB Sandrini Farms)
      • Victoria Kovacevich (Sun World)
      • Domenick Buck (Anthony Vineyards)
      • Kyle Richardson (Rich-Pak)
    • Automation: Working Through Challenges
      • Sebastien Boyer (Farmwise)
      • Kirk Haney  (Radicle Growth)
      • Gary Schulz (Citrus Research Board)
      • John Pandol (Pandol Bros., Inc.)
    • Water Innovation: The Value Proposition
      • Eric Averett (GM Rosedale-Rio Bravo Water Storage District)
      • Lance Donny (SWIIM Systems) 
      • Todd Rinkenberger (Netafim)
      • John Skardon (Tailwater Systems)
      • Olivier Jerphagnon (Pow Wow)
  • Lunch with Keynote Speaker Ranveer Chandra of Microsoft Research
  • Pitch Session from AgTech start-up companies
  • Networking with key leaders in agriculture and technology 

AgTechx – Delano is part of the WG Center for Innovation & Technology’s key focus to bring agtech to growers – in their backyard. The first “backyard innovation” event launched in Brawley on February 8, then traveled to Reedley on May 8 and was most recently held at Harris Ranch on July 10. AgTechx – Delano  is sponsored by Kern Machinery, Netafim, Prophet and UC Agriculture & Natural Resources.

PACA Trust Rights and Bankruptcy: Defeating a Preference Claim

September 12th, 2018

We are pleased to provide a guest article from Mr. Jason Read.  R. Jason Read is a partner with the law firm of Rynn & Janowsky, LLP, devoting the majority of his practice to PACA and other aspects of agriculture law. You can access Mr. Read’s bio at http://www.rjlaw.com/read.php.

You sell a load of produce.  You receive full payment.  (On time, even!)  Life is good.

Months later, you receive an official looking envelope from a Bankruptcy Court Trustee appointed to liquidate the assets of that buyer, who recently filed bankruptcy.  You received full payment for that load and the buyer owes you nothing, so you are not too concerned about the bankruptcy filing.  Until you open the envelope and see that it contains a lawsuit filed by the Trustee demanding that you return that payment to the Bankrupt Estate.  It’s called a “Preference Claim.”

Under the U.S. Bankruptcy Code, the 90 day period prior to the bankruptcy filing is referred to as the “Preference Period.”  Any payments made by a bankrupt debtor to its creditors within that 90 day period are presumed to be preferential transfers and thus subject to recapture by the Trustee.  In the simplest of terms, because you received payment during that 90 day period, the Trustee can require that the funds you received be returned to the Bankrupt Estate to be distributed to all of the Debtor’s creditors. 

Most of you already know that PACA trust rights provide you with a super-priority claim against a bankrupt buyer who has not paid you, the PACA trust creditor, for purchased produce.  What you may not know, however, is that those same PACA trust rights will provide you with a very strong defense against a Preference Claim for payments you did receive during that 90 day Preference Period.  This is because in order to prevail on the Preference Claim, the Trustee must first prove that the funds you received as payment for the load of produce actually belonged to the Debtor in the first place. But, assuming you validly perfected your PACA trust rights for that sale, the funds you received most likely did not belong to the Debtor but instead were PACA trust assets rightfully belonging to you as an unpaid PACA beneficiary. This is because both the produce and all of the Debtor’s sales proceeds and accounts receivable became part of the PACA trust, which the Debtor must hold in trust for you as the beneficiary.  According to the leading cases on this issue, where the Debtor uses PACA trust assets to pay a valid PACA trust debt during that Preference Period, the Trustee cannot assert a Preference Claim against a PACA trust beneficiary. 

This underscores the importance of making certain that you properly perfect your PACA trust rights for all sales.  Assuming you do, if you ever receive a Preference Claim you should be able to resolve that claim relatively quickly. 

We appreciate Jason Read’s providing his timely perspective, as several Western Growers members have recently been subject of a preferential claim demand. Please consider allowing WG’s Trade Practices Department to provide you as a regular member a no cost review of your invoice to make certain the precise trust language is accurate and that your credit terms are also compliant with the PACA regulations. The following trust language should be included on your invoice:

The perishable agricultural commodities listed on this invoice are sold subject to the statutory trust authorized by section 5(c) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499e(c)). The seller of these commodities retains a trust claim over these commodities, all inventories of food or other products derived from these commodities, and any receivables or proceeds from the sale of these commodities until full payment is received.

Please contact any of the Western Growers Trade Practices team members, Matt McInerney, Bryan Nickerson, or Ken Gilliland.

New Tools for Automation, Irrigation are Top of Mind during AgTechx Delano

September 20th, 2018

With California on course to increase minimum wage to $15 by 2022, labor-saving technologies were top of mind during Western Growers AgTechx – Delano Summit on Tuesday.

“Those of us who use a lot of hand process and human-dictated procedures are going to be increasingly replaced by the guys who get an automated solution first,” said John Pandol of Pandol Brothers during the event. “Because they will be [operating] cheaper. They will be better. That’s where we might lose out, and that’s where the urgency comes from.”

AgTechx-Delano began with a morning session where R&D specialists from companies such as Microsoft, Yamaha and Soft Robotics visited SunView and Jasmine Vineyards to learn what automating needs were required for a grape harvest. Half a dozen technologists had the opportunity to pick and prune grapes to determine what type of innovations could be invented to relieve labor challenges.

After a morning in the field, the small group then ventured to the American Slavonic Social Club where they joined 130 other technologist, farmers and venture capitalists to hear business sessions on automation, water technology and the future of farming. During the “Automation Update” panel, farmers expressed how the current ag labor shortage and regulations tied to SB3 and AB1066 were expediting the need for mechanization and automation.

“With automation, you don’t figure out what you need today, you figure out what you will need in five years,” said Harold McClarty of HMC Farms during the Q&A portion. “Because picking and packing grapes the way we do it with a wheelbarrow rolling grapes down the row like we did 2,000 years ago just isn’t cutting it. We needed answers yesterday, and we need somebody to step up with something that will solve our issues.”

Throughout the “Water Innovation” and “View from the Farm—The Next Generation” sessions, technology to aid the implementation of California’s Sustainable Groundwater Management Act (SGMA) was a common topic. Young farmers shared concerns over the new water regulations and expressed how technology could be a solution to meeting guidelines set by SGMA. Startups including Pow Wow Energy, SWIIM Systems and Tailwater Systems explained how their specific technology can be adapted to help manage new pumping restrictions, as well as meet other regulations related to both water supply and quality.

Attendees also heard from Keynote Speaker Ranveer Chandra of Microsoft, as he discussed end-to-end systems that enable seamless data collection for ag and new ways to circumvent connectivity issues on the farm.

This was the fourth installment of WG’s AgTechx series, which was launched earlier this year to bring technology to farmers in an effort to solve issues in their immediate region. The first “backyard innovation” event launched in Brawley on February 8, traveled to Reedley on May 8 and then to Harris Ranch on July 10.

This event was sponsored by Kern Machinery, Prophet, Netafim and UC ANR. All sessions and keynotes from AgTechx – Delano were live streamed and can now be found on the WG Center for Innovation & Technology’s Facebook here: https://www.facebook.com/wgcit/

WG Member Sakata Rings NYSE Closing Bell

September 27th, 2018

Symbolizing the importance of agriculture to the American economy, USDA Secretary Sonny Perdue rang the closing bell at the New York Stock Exchange yesterday (Wednesday, September 26). Agricultural representatives from across the country joined Secretary Perdue on the podium, including Western Growers member, Robert Sakata, owner of Sakata Farms (CO).

Following the closing bell, Sakata said, “It was an amazing experience. I was honored to be a part of the celebration of the contribution of fruit and vegetable farmers to the U.S. economy. We not only provide the fuel our bodies need but we are the base that drives the strong U.S. economy. Thanks to the Secretary for including real farmers and ranchers from across the continent to join him.”

Also attending the event was another Western Growers member, Michael Hirakata, owner of Hirakata Farms (CO).

After the ceremony, Secretary Perdue offered the following statement: “The farmers, ranchers, foresters and agricultural producers across America contribute a great deal to the American economy. I’m pleased to be here today, at the center of our economic activity, with all these people that I’ve met across the country to celebrate the bounty of the American harvest. I thank the New York Stock Exchange for the opportunity.”

____

photo credit: NYSE

Costa, Denham Fight for Farmers in Farm Bill Conference Meeting

September 6th, 2018

U.S. Representatives Jim Costa and Jeff Denham called for policies that protect and support Central Valley agriculture and jobs during the opening meeting of the 2018 Farm Bill Conference Committee yesterday.

Costa and Denham brought San Joaquin Valley concerns front and center, focusing on trade, specialty crops, farming sustainability and nutrition programs.

“California is the nation’s leading producer of fresh fruits and vegetables, which are staples of nutrient-dense and healthy meals. The equitable treatment of specialty crops in the Farm Bill is very important to our nation,” Rep. Costa told the Committee. “I support fully funding the Specialty Crop Research Initiative and to provide separate funding to combat citrus greening.” Costa then noted the importance of funding for organic research and organic certification cost-sharing.

“My Central Valley district is one of the top producing agricultural areas in the nation, and as a local farmer, I know how vital it is for my constituents and our nation that we protect our farmers and our farmland,” said Denham during yesterday’s meeting. “California farmers must be treated fairly and promoted in the 2018 Farm Bill, and I look forward to working with all of you as we conclude our deliberations.”

Western Growers thanks U.S. Representatives Costa and Denham for standing up for fruits, vegetables and tree nuts yesterday and appreciates the congressmen for pushing on our collective behalf.

September 2018 Legislative Update

September 6th, 2018

The California Legislature closed out the legislative year late last Friday. Governor Brown has until September 30th to sign or veto the bills that are now on his desk. Provided below is a brief list of some of the key bills that Western Growers has been lobbying on behalf of our members.

  • AB 1913 (Kalra) – Oppose

Western Growers lead a large coalition of agricultural and general business organizations in opposition to this bill which would have unnecessarily made farm labor contractors in California also subject to California’s new foreign labor contractor regulations when recruiting for and employing H-2A workers. AB 1913 failed passage in the Assembly.

  • AB 2751 (Stone) – Oppose

This bill would require the Agricultural Labor Relations Board (ALRB) to process to final board order all decisions within one year concerning make-whole awards, backpay and other monetary awards to employees, or any board order finding liability for an award. AB 2751 would also provide the ALRB with the ability to force successor contractors through mandatory mediation. This bill was passed and Western Growers is requesting that it be vetoed.

  • AB 3080 (Gonzalez Fletcher) – Oppose

This bill would essentially prohibit the use of arbitration agreements in labor and employment claims. Western Growers is part of a large coalition opposed to AB 3080 because it will lead to additional litigation and delays in resolving disputes. The bill was passed and Western Growers is requesting that it be vetoed.

  • SB 100 (de Leon) – Oppose

This bill would increase the Renewables Portfolio Standard (RPS) requirement from 50% to 60% by 2030. The bill also creates a policy goal to have all of the state’s retail electricity be generated with 100% clean energy by 2045. This bill was passed and Western Growers is requesting that it be vetoed.

  • SB 623 (Monning) – Support

This bill to create the Safe and Affordable Drinking Water Fund and related liability protections for agriculture failed to move this year. The provisions of the bill were later divided into two bills – SB 844 and SB 845 (both by Senator Monning). Those bills also did not gain approval, however the Assembly Speaker has committed to addressing this issue next year. Western Growers staff will continue working over the next four months with our coalition partners and legislative staff to ensure the momentum we have built to solve this problem continues to grow. We look forward to getting this issue across the finish line next year.

  • SB 1284 (Jackson) – Oppose

This bill would have required those employers with 100 or more employees and who are required to file an annual Employer Information Report pursuant to federal law to submit an annual pay data report to the Department of Industrial Relations. The pay data would also have to be reported by race, ethnicity and sex. Western Growers joined a large coalition in opposition to this bill regarding the concern that employers would face substantial litigation exposure. SB 1284 failed passage in the Assembly.

For more information, please contact Matthew Allen or Gail Delihant at (916) 446-1435.

Denham’s Water Storage Legislation Passes House

September 18th, 2018

Last week, Representative Jeff Denham’s legislation to authorize financing of new water storage projects passed the U.S. House of Representatives as part of the comprehensive America’s Water Infrastructure Act of 2018 (WRDA). The language in this legislation, which comes from Denham’s New WATER Act, leverages non-federal investments to provide funding for expanding water storage.

“We need more water storage in the Valley and my bill will deliver more storage,” said Denham in his press release. “Sacramento’s radical water grab makes this more important than ever.”

The bill provides financing for water projects throughout the western United States, including new reservoirs, below ground storage projects, recycling and desalination projects. Denham’s provision in the WRDA bill authorizes the Environmental Protection Agency to finance Bureau of Reclamation projects under the Water Infrastructure and Innovation Act program and sets a one-year deadline for execution.

Additionally, the WRDA bill would significantly enhance flood protection in San Joaquin County by authorizing long-delayed and badly needed flood control protection efforts for more than 50,000 Valley residents and a number of critical infrastructure facilities.

The Senate is also expected to move additional legislation on water soon. We will keep you updated on if Denham’s legislation is included in the Senate’s proposed water bill or if it will be included in the final WRDA combined package.

Visit Denham’s press room to learn more about the water storage bill.

October Lunch & Learn Webinar Details Livestock Facilities Operation and Environmental Controls

September 27th, 2018

With recent attention on the nexus between livestock and fresh produce operations, many questions have arisen about how these facilities are managed, the environmental controls surrounding these operations and some best practices to protect growing regions. To answer these questions, Western Growers has partnered with California Cattlemen’s Association (CCA) to present a one-hour webinar on Wednesday, October 10, that will educate interested parties on the regulatory and marketplace requirements for cattle feeders.

During this Lunch & Learn webinar, Justin Oldfield, vice president of government relations at CCA, and Jesse Larios, manager at Foster Feed Yard, will de-mystify what goes on inside a cattle feeding operation and explain their interest in being good neighbors and helping us all to produce safe food. Additionally, they will answer questions about best management practices.

Don’t miss this opportunity and join us to learn about this interesting topic and to ask questions. Register now!

WEBINAR DETAILS

Livestock Facilities Operation and Environmental Controls

Date: Wednesday, October 10, 2018

Time: 11:30 a.m. – 12:30 p.m. PST

Speakers:

  • Justin Oldfield, vice president of government relations at California Cattlemen’s Association
  • Jesse Larios, manager at Foster Feed Yard

RSVP: CLICK HERE TO REGISTER

Participation is complimentary and available only to WG members.

It’s About Time! Gerawan Election Results Are In and Overwhelmingly NO UNION

September 18th, 2018

After an arduous five-year legal fight, workers of Gerawan Farming Company finally got what they have been pleading for: to have their votes counted, and the results of the UFW decertification election were not close. In an overwhelming rejection of the union, the final tally was 1,098 ballots cast against having the union, and 197 for the union. There were 635 challenged ballots and 18 invalid ballots, meaning that even if every challenged and invalid ballot was cast for the union, the “No Union” side would still have won handily and that any alleged unfair practices leading up to the election had a negligible, if any, result on the outcome.

The California Agricultural Labor Relations Board (ALRB) was ultimately forced to count the ballots when the California Supreme Court last week refused to review the Court of Appeal’s ruling that overturned the ALRB’s decision to impound the ballots on the basis that the employer had engaged in unfair labor practices which could have potentially altered the outcome.

In response to the outcome of the UFW decertification election, Western Growers President and CEO Tom Nassif issued the following statement:

“It took a decision of California’s highest court to force, once and for all, the ALRB to do the right thing and count the votes of Gerawan Farming’s workers. With a resounding vote against the union, we now know the reason behind the ALRB’s delay tactics, which lasted nearly five years. The ALRB knew or believed the outcome of the vote was No Union and was attempting to shield the UFW from the humiliation of its irrelevance. It is clear that the UFW does not represent the voice of California’s farm workers, and the results of this election must compel the State of California to stop acting as a surrogate of the UFW and move instead to guarantee justice for all agricultural workers.”

Congratulations to the Gerawan workers and to Dan Gerawan for persisting and enduring in the long legal battle to ensure that justice would be done.

Litigation as Strategy

September 14th, 2018

When the lawyer awoke from surgery, he asked, “Why are all the blinds drawn?” The nurse answered, “There’s a fire across the street, and we didn’t want you to think you had died.”

As a recovering attorney myself, I can appreciate a good joke at the expense of my barrister kind. Quite frankly, the reputation lawyers have developed over the years is [in many, not all, cases] valid, especially in a state like California, which consistently ranks among the worst litigation climates in the United States.

Indeed, the state and federal court systems have been expertly employed by many opponents of agriculture—in particular, in the labor and environmental arenas—to advance their ideology and gradually restrict the freedom of farmers to operate in California and many other places across the country. The Imperial Chinese called this process “lingchi,” or “death by a thousand cuts.”

For years, the Environmental Protection Agency (EPA) and other federal agencies have engaged in “litigation lingchi” by cooperating with environmental groups as part of a “sue and settle” strategy to develop regulations. I called out this de facto rulemaking process in my 2011 testimony before the U.S. House Oversight and Government Reform Committee:

“To comply with the settlement agreements or injunctive orders from the court, the EPA and other agencies impose regulations without meaningful input from stakeholders, without considering the economic impact on the nation’s farmers or workers, and with little regard to the intent of Congress when the law was passed.”

In our own backyard, California Rural Legal Assistance (CRLA) has routinely leveraged the court system to attack agricultural employers, most recently targeting the H-2A program with the goal of reducing the use of foreign guest workers by California farming companies. Why? Because it is impractical to unionize H-2A workers, which is bad news for CRLA’s bedfellows, the United Farm Workers.

In its various lawsuits, CRLA has argued that H-2A employers use the visa program as a means to keep wages low—giving them an alternative to raising pay to attract domestic workers—and working conditions unsafe. Despite the factual vacuity of these arguments, the CRLA has won several recent judgments against California agricultural employers.

This strategy, using the legal system to promote a public policy agenda, has been nearly perfected by the labor and environmental movements. The agricultural industry must become similarly adept at advancing its interests in the courts.

We instinctively understand that the California Legislature has become overtly hostile to many private industry sectors, ours included. In the most recent primary elections in June, the number of “No Party Preference” voter registrations officially surpassed Republican voter registrations, and given California’s evolving demographics, it is difficult to imagine when, if ever, the pendulum might stop moving away from moderation.

Likewise, the regulatory mandates dictated by many of our state and federal agencies continue to place expensive and unnecessary burdens on our businesses. Even in the Trump era, with the administration attempting to roll back job-killing regulations and excessive red tape, we are seeing that institutional bureaucracy is often too entrenched for any one administration to dislodge.

In the face of all this, the agriculture industry must take to the courts.

This path has been paved by several brave trailblazers. The Pacific Legal Foundation, for example, has boldly and tactically used the courts to defend the property rights of landowners against the overreaches of government, as they did in the case of Duarte Nursery v. U.S. Army Corps of Engineers. Because the Corps of Engineers considers “vernal pools” [which you and I call “rain puddles”] to be wetlands, pursuant to the Clean Water Act they ordered Duarte Nursery to stop farming its land without giving the company a hearing. Ultimately, rather than face the risk of penalties of up to $45 million, Duarte Nursery agreed to a settlement for a far lesser sum.

Elsewhere, Western Growers filed an amicus curiae (“friend of the court”) brief in an Endangered Species Act case pending in the U.S. Supreme Court. At issue in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service is whether the government can designate private land as unoccupied critical habitat that is neither habitat nor essential to species conservation. To quote my good friend Linda Richman from Saturday Night Live: “I’m getting verklempt! Talk amongst yourselves.”

Furthermore, the Fish and Wildlife Service concluded that the $34 million in lost development value—which would result from this designation of 1,500 acres of private land in Louisiana as critical habitat for the endangered dusky gopher frog… land that cannot provide habitat for them because it lacks features necessary for their survival—was not disproportionate to the biological benefits of designation!

While this case does not involve farmland or property in Western Growers member states, it is not difficult to extrapolate the massive government encroachment on private property rights that could result from an unfavorable decision. (The Supreme Court will have an opportunity to examine the long-standing principle of judicial deference to federal agencies when it hears oral arguments in the Weyerhaeuser case when the Court convenes its upcoming term on October 1st.) This case underscores the significance of the courts to our future as farmers and business owners, as the decisions rendered in other states and districts set precedents that impact all of agriculture.

Given the ingrained hostility of the California Legislature and many state and federal regulatory agencies, we will need to take to the courts even more aggressively, confident that we have the U.S. Constitution on our side, and that the founding principles of private property rights and free enterprise will carry the day. This requires an immense commitment. Lawsuits take time and a lot of money. Engaging in even greater litigation to address broad industry concerns requires strong financial support from every industry association as well as individual farming companies. But rest assured, as agriculture becomes more sophisticated and deliberate in using litigation as a strategy, we can begin to reverse years of bad policy and preserve our industry for generations to come.

WGCIT Sponsor: Vic Smith Eyes the Big Picture

September 14th, 2018

Vic Smith readily admits that the agricultural technology play he and others are helping to fund is long term in nature with a positive return on investment still off in the future.

“If I had to justify it with my CFO, that might be difficult to do,” he quipped.

But Smith, CEO and president of JV Smith Companies, Yuma, AZ, has no regret about his continued contributions to the Western Growers Center for Innovation & Technology (WGCIT) and believes tangible ROI will result. The center is just now approaching the conclusion of its third year in operation, and Smith believes there are promising technologies beginning to surface.

He does offer that some of the efforts appear to be “solutions seeking a problem” but indicates that might be an occupational hazard of dealing with forward-thinking entrepreneurs that bring outside-the-box thinking to the problems facing this industry. His technology consultant, longtime industry veteran Paul Fleming, noted that there are “amazing ideas coming out of the center” that are attracting interest and investment. In fact, JV Smith Companies is involved with several of the start-ups trialing ideas and trying to help these tech pioneers connect the dots between innovation and grower needs.

Smith said that was the basic idea behind the effort when it was first hatched several years ago. He credits Bruce Taylor of Taylor Farms with incubating the idea and moving it to the development stage, and donating the space for the center. “And Tom Nassif did a heck of job of stepping forward and making it happen.”

Smith said he “loved the concept” of marrying the Silicon Valley with the Salinas Valley and helping to create solutions to the industry’s most pressing problems of increasing costs and shortage of labor, which the industry so heavily relies upon. He saw Taylor carrying the load and stepped to the plate with the realization “that others needed to support the effort” to make it a reality.

Smith is a big believer in technology and is currently working with the University of Arizona developing automatic equipment to help with planting and thinning of vegetable crops. He believes robotics are potential solutions for the industry’s labor problems, but their use for harvesting crops is still off in the future.

Fleming said the idea of a center, or incubator, focusing on agricultural issues in the heart of the Salinas Valley makes a great deal of sense. “Part of the synergies is having these innovators in the same space, talking to each other and coming up with solutions.”

He and Smith believe, however, that there might be opportunities to improve the current process to better focus on the needs of the industry. Fleming said other organizations focusing on the needs of the industry—most notably the Center for Food Safety at UC Davis—use an RFP approach. In those instances, industry leaders look at challenges they face and ask for proposals (RFPs) to address those challenges. The pair believe this model could be used by WGCIT to help bring solutions to the industry’s most pressing issues.

For example, Smith said one current problem is powdery mildew on spinach. He noted that it takes about 26 or 27 days to bring a spinach crop to fruition. Right now, powdery mildew is rearing its ugly head in some fields around day 21 causing growers to harvest the crop early, greatly reducing yields. “We just need five or six more days,” he said.

Fleming said several of the WGCIT current or past tenants are working with soil analysis and may be able to solve this issue in the future. Smith said deep dives into soil makeup might reveal differences in soil composition allowing growers to know which fields can be planted safely avoiding the powdery mildew problem.

 

Workforce Development at the Forefront of Western Growers Initiatives

September 14th, 2018

By Stephanie Metzinger

Just as the sun rises over the seemingly infinite fields of lettuce, the chatter of excited university students starts to echo down the highway. In the distance, you can see the silhouette of a bus heading toward the field. The bus arrives at its first stop, unloading 30 students who are marching down the rows of lettuce to learn how occupations like science and engineering play a role in agriculture. As their tennis shoes hit the ground and clouds of dirt kick up behind them, they are now fully engaged in what will be one of the most eye-opening and informative career exploration journeys of their lives.

These students are among a cohort of Western Growers (WG) Careers in Ag—an initiative to encourage college students to pursue science, technology, engineering and mathematics (STEM) careers within the agricultural industry. The program was launched in July 2017, taking a group of 15 students from Cal Poly Pomona and UC Davis, who were all studying STEM-related topics, on a three-day tour throughout the Central Coast. They visited WG member operations and met with successful ag professionals to learn about the different types of jobs available for them and to understand how crucial STEM experts are to the survival of agriculture. Since then, nearly 140 students have participated in Careers in Ag, and the program has expanded to include California community colleges, University of Arizona and Cal State L.A.

“It’s not all tractors and plows out here. It’s a lot of computers and sensors and all the new technology that comes to the ranch,” said Brian Antle, president of PlantTape USA. “It’s certainly going to take the next generation of students and workers to run all this equipment, so it’s great to have everybody out here and show them around and open their eyes to what’s available out here on the ranch.”

In addition to encouraging students to apply their STEM-related degrees toward a career in ag, the program also facilitates career placement between students and ag organizations. One such example is Travis Taylor, a managerial economics major at UC Davis, who participated in the tour while he was a junior at the university. Taylor made such a lasting impression on Taylor Farms’ Director of Automated Harvesting Equipment Chris Rotticci during the tour that when WG connected them soon after, Rotticci offered Taylor a summer internship at Taylor Farm’s new entity, Automated Harvesting LLC.

“[The internship] not only gave me great hands-on experience, it gave me the right direction on where I want to go moving forward with my career,” said Taylor. “I thank Automated Harvesting for this great opportunity and also Western Growers for their continued support.” Today, Taylor has since graduated from UC Davis and has accepted a manager position with a grape grower in Lodi, Calif.

Throughout the tour, students also have the opportunity to meet agtech startups and hear about Salinas-based Western Growers Center for Innovation & Technology (WGCIT). The WGCIT has also launched several workforce development programs to encourage youth to pursue a career in ag. For example, the WGCIT hosts a “Home for the Holidays” professional mixer where college students who are returning home to Salinas Valley during winter break are invited to an exclusive meet-and-greet with industry leaders and tech companies. Last year, 30 students from CSU Monterey Bay, Hartnell Community College, UC Davis, Cal Poly Pomona and Fresno State convened at the Center to chat with ag professionals from Taylor Farms and Steinbeck Country Produce, as well as with numerous WGCIT startups, to hear about their career paths, glean tips on getting ahead in the workforce and learn about their experiences in ag. Additionally, students were treated to a keynote address about the latest trends in agricultural technology and the career opportunities for current agricultural students.

Beyond college students, the WGCIT is also providing middle and high schoolers with the knowledge and tools needed to succeed in agriculture. The Center introduced the Junior AgSharks Competition earlier this year during the Center’s inaugural AgTechx event. Junior AgSharks brings together students from local middle and high schools to listen to pitches from start-up companies developing technologies to solve agriculture’s most pressing issues. After hearing the pitches, the students “confer” with a panel of venture capitalists and farmers to choose which startup they believe has the best technology to solve issues plaguing the local region.

“The boom of agricultural technology is opening the doors to many jobs that did not previously exist, and we are thrilled that events such as Home for the Holidays and Junior AgSharks are helping introduce youth to these budding career opportunities,” said Dennis Donohue, lead of the WGCIT.

By hearing about the latest technologies and interacting with leaders in the ag industry and venture capitalist space, students become aware of the fact that the industry is in need of future leaders who are interested in STEM-related topics. Each Junior AgSharks event culminates with keynote addresses from movers and shakers in the robotics or tech industry.

In a similar effort to promote interactive STEM education, Western Growers Foundation awards grants to schools in California and Arizona to give students more opportunity for hands-on learning by growing a garden. The Foundation has funded nearly 1,200 school gardens since its inception in 1995, and today, the school garden program has evolved to support STEM curriculum to nurture the natural curiosity of children in areas related to farming and agriculture.

This year, WG awarded 20 K-12 schools $1,500 grants to support new school gardens. Through these sponsored gardens and selected curriculum, students will learn about the science of how seeds become salads, the technology available to enhance plant growth, the engineering behind farm equipment and the math to calculate how much water is needed for optimal yield.

“We hope that these gardens will help children see the connections between STEM subjects and farming, inspire them to pursue advanced STEM degrees and, eventually, apply their knowledge to highly-skilled careers in the agricultural industry,” said WG President and CEO Tom Nassif.

In addition to arming K-12 and college students with the skills and knowledge needed to prosper in the ag industry, WG is also taking steps to cultivate the future generation of farmers. In February 2013, WG installed its inaugural class of Future Volunteer Leaders, a two-year program designed for the next generation of leaders within WG member companies. These individuals are policy-minded and have expressed an interest in becoming more informed and effective advocates for the fresh produce industry.

These future leaders are invited to participate in all WG board meeting functions and engage in political advocacy in DC and Sacramento to develop a deeper understanding of the legislative process and how public policy issues affect the industry. To date, 34 young leaders have participated in the program, with one graduate—Steve Martori III of Martori Farms—already serving on WG’s Board of Directors

 

Continual Expansion Has Served Kautz Farms Well

September 14th, 2018

During the late 1960s, the development of the mechanical tomato harvester saved the California processing tomato industry and led to great expansion of production. As others were entering the industry, Lodi tomato farmer John Kautz saw difficulties on the horizon and began diverting his acreage to wine grapes.

This going-against-the grain action was a seminal moment in the history of the family farming operation, and 50 years later, John H. Kautz Farms and its holdings are on top of the wine world…literally. The family operation has expanded exponentially and now farms about 8,000 acres of wine grapes, owns two wineries and runs a world-class entertainment facility attached to one winery far above the fray in the Sierra foothills.

The Kautz family story begins in the early 1900s when the family emigrated to the United States from its native Germany via Ukraine. First stop was Nebraska in 1906 and then a move to California in the early 1920s. The family eventually settled in Lodi and John was born in 1930 on the same property that currently holds his family home, as well as the headquarters of Kautz Farms. The family was self-sufficient as it raised its own animals and livestock and grew its own vegetables. Over time, the family farm grew to 38 acres and it became a commercial operation, with various crops and dairy items providing a living for the family.

During his youth, John got involved in the Boy Scouts, which, to this day, he points to as one of the great influencers on his life. He is an Eagle Scout and continued in the organization in his adult life becoming a Scoutmaster and receiving the prestigious Distinguished Eagle Scout Award. By the time John graduated from Lodi High School in 1948, grain crops, including alfalfa and corn, and canning tomatoes were part of the mix. John joined his father on the farm as his older brother was tragically killed in World War II. Another tragedy occurred in 1952 when John’s dad died, leaving the farming operation in the hands of the young Kautz.

John started slowly changing some of the crops. He added pickling cucumbers, green bell peppers and other vegetables, and eliminated the dairy cows. John also got involved in the farming community at a young age, which is still a hallmark of his existence. The list of organizations he has belonged to and served in one leadership capacity or another is lengthy, including Western Growers, California Farm Bureau and the California Wine Institute, as well as serving 11 years as president of the California State Board of Food and Agriculture. He has belonged to a score of organizations and has received too many awards to name, though it is interesting to note that John Kautz was named Outstanding Young Farmer in the Nation in 1965 by the Junior Chamber of Commerce.

As a small farmer in the 1950s, he joined together with several neighbors and formed the San Joaquin Vegetable Growers Co-op in an effort to create leverage through collaboration—another hallmark of his life.

Another big influencer in his journey, wife Gail Kautz, came into his life in 1958. “We met in a pizza parlor,” said Gail, “but I always liked telling my dad it was a bar.”

Gail was studying at the nearby College of the Pacific—now Stockton’s University of Pacific (UOP)—and soon finished her studies earning a Bachelor of Science degree in elementary education. She and John were married not too much later and produced three sons and a daughter in the 1960s—each of whom are now in the family business.

Gail’s personal journey began in Oakland where she was born and raised the daughter of a lawyer. “I like to say I was a country girl born in the city,” as she was an active participant in 4-H clubs and Future Farmers of America (FFA). In fact, her influence won out over that of her husband when it came to raising their own children. They each followed the 4-H path rather than the Boy Scout route.

In those early years, Gail stayed close to home raising the kids but as the years went by she became much more involved in Kautz Farm and the farming community in general. Like her husband, she has been an active community member with service to many different organizations, including UOP’s Board of Regents and the first woman chair of the California State Fair. And she has also been honored more times than there is room to relate. Today she has an office next to her husband’s in the company headquarters in Lodi and is involved in every aspect of their business.

 

A Game-Changer

In the 1960s, as a processing tomato grower, John called himself a “rubber tramp” as he would travel throughout the valley checking on his various tomato acreage plots. He was active in the industry and a member of the California Tomato Growers Association board when it worked with seed companies and the University of California to create varieties that could be mechanically harvested and the harvester to do it. As that project was gaining success, John witnessed more and more large growers eyeing the tomato industry. With a mechanical harvester, these growers were creating continuous fields of hundreds of acres in the Southern San Joaquin Valley. “I saw the handwriting on the wall,” he said. “How could we compete with a 40 acre plot here and another small plot over there?  We (in the Lodi area) had put ourselves out of business.”

But instead of licking his wounds, Kautz shifted his acreage to wine grapes. He said the micro-climate in Lodi is absolutely perfect for permanent fruit crops such as grapes and cherries. “We have warm days but at night it’s like a giant air conditioner with the cool breezes coming off the Bay and the Delta. It’s a cool moist breeze from Sacramento to Stockton.”

John said the result is a wine growing region second to none in the state of California. He admits that Napa has the reputation but he does not believe it can grow any better grapes or produce better wine than Lodi.

As Kautz Farms began shifting its acreage, its holdings had expanded significantly and they continue to grow to this day. “I drew a circle on the map around my farm and anytime land became available, I’d buy it. Sometimes I paid a very high price, but it was worth it.”

As he started increasing his wine acreage in the 1970s, Lodi already had a reputation for producing zinfandel grapes and wine. To this day, it is known for its old vine zinfandel, with some of those vineyards dating back more than 100 years. But again, Kautz decided to go against traffic. Most growers were planting zinfandel and barbera; Kautz put in chardonnay, merlot and Petit Sirah. “I was the only one with a chardonnay in Lodi for a long time.”

In 1973, the company signed a 30 year contract with the Almaden Vineyard to provide that large producer with wine grapes. “That allowed us to grow quickly. We converted all of our vegetable acreage to permanent crops, including some cherries and almonds, which we still have.”

The company also crushed some of its own grapes, which were made into wine and exported mostly to Japan.

In the late 1980s, the company continued its foray into the wine business by building Ironstone Winery in Murphys, which is about an hour’s drive from the family’s home in Lodi. It was also a favorite spot of Gail Kautz, who grew up spending summers at the family’s mountain cabin in that town. Today that house is John and Gail’s second home, and Murphys has become a bustling wine town. “When we built the winery, there were a total of three wineries in Calaveras County. Now there are 23 wine tasting rooms on Main Street alone,” Gail said. (Yes, that is the same Calaveras County made famous by Mark Twain’s jumping frog story.)

As the Ironstone property took shape, the Kautzes added an 8,000 seat amphitheater a few years later and today that venue attracts world famous acts. This summer Willie Nelson performed at the theatre as well as acts diverse as Boy George and Allison Krause. The facility is also home to the Ironstone Concours d’Elegance, a classic car show, which is Gail’s pet project. Now in its 22nd year, Gail says it is one of the top classic car shows in the country, attracting more than 350 vintage cars and raising more than $1 million during its lifetime for 4-H and FFA activities. The Kautzes built the outdoor terraced theater with wide ramps so that it could accommodate the winning cars as they paraded by at the appropriate time during the car show.

In the 1990s, Bear Creek Vineyards, a winery in Lodi, was added to the mix. “It’s as efficient a winery as you can build,” John said. It’s a state-of-the-art facility providing wine processing services, including custom wine production.

As mentioned, each of the Kautz four children are involved in the operation and have different areas of concern. Steve is the oldest and runs the Ironstone Winery and the Murphys’ facilities. Kurt handles the Bear Creek Winery and also operates the company’s “Hot Wood” brand, which is the number one label in packaged firewood. It is sold to retailers throughout the western United States. Jack is in charge of the company’s property management and land acquisition division. Daughter Joan is running the company’s off-shore marketing program for its wine and is also getting involved in the domestic marketing program as well.

The company does not have a board of directors. “My kids don’t like meetings,” John quipped.

He said each of the kids has their area of expertise and they have autonomy in the decisions that need to be made in their sphere. John claims to leave them alone and notes that from the beginning, he groomed his kids to take responsibility and take control of the organization. “We have watched so many families that were successful but didn’t bring their kids into the organization. That was not what we decided to do. As they were growing up we were fairly tight with funds to the kids. They had to earn what they received. But we gave them the opportunity and they all have taken it.”

As John and Gail get ready to celebrate their 60th wedding anniversary, they look over a large agricultural operation that has been built from scratch with no fatal missteps along the way. John explains that as a kid, he loved to play the game of Monopoly, buying Boardwalk and Park Place and constructing houses and hotels as the object of the game was to maximize the value of each property. John H. Kautz Farms has traveled that same path

Legal Issues Gain Complexity Matching Modern Times

September 14th, 2018

It’s a complicated world with far more nuances than a generation ago, which has led to a matching of complexity in the legal issues that agricultural firms face.

Battles with farmworker unions dominated the ag legal scene a generation ago. Today, the issues that companies deal with are wide ranging with 2018 bringing particular focus on liability when fires occur, wage and hour issues, and whether company-provided travel time should be compensated. Many standard business issues such as patent and trademark work were also in the forefront, while dealing with union activity fell down the list of concerns in terms of frequency of action.

Jason Resnick, vice president and general counsel for Western Growers, said wage and hour issues continue to be a major focus of every employer as employee advocates continually look for missteps that can turn into class action lawsuits. Companies have to be diligent in their adherence to regulations as even inadvertent activity dealing with overtime, lunch breaks and rest periods can turn into very costly mistakes. He said an area of particular concern this year is compensation for travel time when a firm provides the transportation.

Resnick explained that the California Supreme Court addressed the issue in an ag-specific case in 2000 titled Morillion vs. Royal Packing Co. “Basically the court determined that if the transportation is voluntary it is not compensable,” he said. “But if it is mandatory, the workers must be compensated for their travel time.”

In that case, Royal Packing required workers to assemble at a meeting place and then board a bus that would take them to the field to begin their work. Royal Packing did not want cars in the field so they mandated this transportation mode. The court ruled that the workers would be on the clock beginning at the time they were required to be at the meeting place. “The industry has been guided by that precedent ever since,” Resnick said.

Most companies offer transportation to the field as a courtesy but do not require workers to use the company-provided bus ride. Resnick said typically the buses have a notice posted that informs the workers that riding the bus is voluntary and not mandatory.

That concept is currently being challenged by worker advocates, especially when it comes to H-2A workers, in which case the providing of transportation to the workplace is mandated by the Department of Labor regulations governing the temporary worker program. “We are in the early stages of this issue,” said Resnick. “The industry is currently coordinating its response to the challenges as several lawsuits have been filed.”

Mike Saqui of The Saqui Law Group was even more blunt, calling it the number one issue facing ag employers and argued that it will be a bigger problem than the fight over non-productive time (NPT) that the industry faced several years ago. That battle resulted in California legislation (AB1513) that mandated compensation to piece rate employees for rest and recovery periods and other non-productive time.

In August, Saqui and several other attorneys held an informational session in Salinas, CA, explaining the issue and rallying support around the fight against it. Coalescing under the banner California Farmers for Fairness, the group’s flyer noted: “This is a real threat for all ag employers as it will increase employer liability, require a significant increase in compensation, and impact meals, breaks and overtime while decreasing employee production just as new overtime requirements and minimum wage increases are about to take effect. Any settlement or legislative fix will open the floodgates to increased litigation as predatory attorneys will move quickly to file claims against ag employers throughout California.”

The group noted that hikes in minimum wage are already causing ag employers’ labor costs to skyrocket and urged all ag employers and farm labor contractors to defend the industry against this challenge.

While the Royal Packing decision would seem to have settled the law where it comes to resident employees that have the option of getting to work in many different ways, the H-2A laborers might be able to make a different argument.

Terry O’Connor, who is an ag labor law attorney with Noland, Hamerly Etienne & Hoss in Monterey, CA, said attorneys for the H-2A workers could argue that those employees have no other options and must take the company-provided transportation to work.

Resnick would not concede that point but he does caution employers to examine their own circumstances when making decisions with regard to paying for travel time. He said employers should give special attention to H-2A workers and also workers that must travel great distances and spend multiples hours in a company bus because a field is many miles away.

In another area of legal concern, O’Connor said “waiting time” issues are surfacing in many different industries that could impact agricultural employees. He said one case involves ambulance drivers who are on-call. Should that be paid time? While it is not a direct comparison, he said produce truck drivers might ask the same question about their work.

He also reminded growers that using a farm labor contractor is not a shield from liability. Many court cases have held that the grower is responsible for the miscalculations of a labor contractor when it comes to wage and hour issues. “If you are using a labor contractor, you better be auditing them to make sure they are in compliance with all the regulations,” he said.

O’Connor said that some employers are demanding greater control over the contracted workforce noting that if they have liability, which they do, they should have more control.

Western Growers’ Resnick said sexual harassment issues are just as important in agriculture as they are in the high profile cases that have made the front pages of our daily newspapers over the last year. He said all employees have the right to do their jobs in safe work environments and not be subject to sexual harassment. Employers need to train their employees and supervisors and not tolerate unsafe working conditions. He said the #metoo movement cuts across all industries and agricultural employers are not immune to the shine of the spotlight on offending supervisors.

Another issue that has been in the news quite a bit over the last year is California wild fires. Shawn Caine, who operates a law firm of the same name, is a wildfire specialist, who has been litigating wildfire liability for more than two decades. “California has suffered some of the most dramatic and catastrophic wild fires in the last three to four years,” he said, adding that the catastrophic label is measured by the many lives these fires have taken.

From his perspective, Caine said drying forests, increased fuel in the forests and more urban interface in the wild are the chief causes of the devastation of these fires. His specialty is litigating wildfires that are caused by power lines. While that is not always the case, power companies are often the culprit. Caine said there were 16 wildfires in Northern California in the fall of 2017 with each of them caused by power lines in one way or another. Power lines were also the cause of Ventura County’s devastating Thomas Fire, which ignited in early December of 2017.

When power lines are involved, power companies are liable and victims are typically made whole through the filing of lawsuits. While many lawsuits have been filed by avocado growers and other agriculturalists because of the Thomas Fire, Caine said not all growers have filed their suits yet. He urged them do so.

“Those cases are moving. All the cases have been consolidated into one court room and the process has begun.”

While statute of limitation laws generally give victims two to three years to file a suit, Caine urged growers to do so quickly to be on the ground floor of settlement discussions. He argued that there is no reason to wait and those who file first will generally have their cases settled first.

He said these wildfire cases are classified as “mass torts” not class action suits. The circumstances of each victim is different and so the settlements are individual.

Jeff Gilles, managing partner of JRG Attorneys at Law with several offices in the Salinas Valley area, is another attorney with a perspective on current legal issues facing the industry. “Over-regulation is the biggest problem,” he said, adding that it is the “unintended consequences” of many regulations that cause the biggest concern for agriculture and the majority of work for ag attorneys.

He also noted that, like many grower-shippers, JRG has expanded significantly in the past several years by acquiring several law firms that specialize in other areas of the law. The latest acquisition was the purchase of LaRiviere, Grubman PC, a firm specializing in intellectual property rights. With the industry looking for new solutions to old problems, Gilles said intellectual property law is a driver of new business for lawyers. New technology development means more patent and trademark work.

The firm also has experts working on cannabis law. Gilles calls it “just another ag item” that faces many of the same legal issues as other crops … and of course many more as well. But he said these companies operating in the cannabis arena are facing labor issues, wage and hour regulations, human resource problems, concerns about distribution and the need to protect variety development. He believes it is only a matter of time that they face attempts to unionize the cannabis shop.

 

The Case for Political Action

September 14th, 2018

Every issue of this magazine includes a column on government affairs, known less formally as lobbying. There is good reason for this; while members of Western Growers look to the association for a variety of business services, at its core Western Growers is here to advocate for its members on public policy issues.

Many, if not most, agriculture associations rely on contract lobbyists to represent their members and many are highly effective advocates for the industry. Western Growers maintains strong partnerships with most. While Western Growers utilizes contract lobbyists for specific needs, we primarily invest in our own employee lobbyists who are solely dedicated to our members’ agenda, day in and day out.

In Washington, D.C., Sacramento and Phoenix, WG’s government affairs professionals work tirelessly in very difficult circumstances to educate and persuade legislators, executive branch leaders and program-level regulatory officials. Backed by subject matter experts in WG’s headquarters, our lobbyists have expertise across a dizzying array of issues, including immigration and labor law, water supply and quality, international trade, food safety, taxation, crop protection, healthcare, transportation and much more.

Government affairs—lobbying—is the most visible and fundamental component of advancing an interest’s public policy agenda. But there are other components. Think of the media communications and social media outreach that can help condition the political environment around an issue and cause legislators and regulators to be more receptive to the advocacy of WG’s government affairs team.

Then there is the matter of political action, which is the shorthand term for the making of campaign contributions and funding independent campaigns to help elect allies of our industry, and, just as importantly, to un-elect those who do us harm.

The Western Growers Political Action Committee (WGPAC) leads this important and sensitive work. Comprised of WG members who review and approve plans for contributions to candidates, the WGPAC Board also carries the heaviest weight in providing the funding needed for those plans to be realized. WGPAC funding is supplemented by events such as the Political Action Committee Luncheon at WG’s Annual Meeting and solicitations for contributions from all WG members at critical times of the year.

Directly contributing to the campaigns of elected officials and challengers is important. Increasingly though, political contests are affected by independent political spending. Whether referred to as “SuperPACs” or “Independent Expenditure Committees” (IECs), these entities can raise and spend unlimited sums, as long as there is no coordination with the candidate or candidates that stand to benefit.

Additionally, SuperPACs/IECs can be funded by corporations that are prohibited by law from contributing directly to federal candidates and candidates seeking statewide and legislative offices in Arizona. (Candidates running for statewide or legislative office in California may accept direct contributions from corporations, subject to limits.)

WG initiated an IEC in partnership with several other association allies in 2012 to target hostile incumbent California Assembly members, and the success of that effort sent a powerful and necessary message in Sacramento.

Data from state and federal agencies reveals a huge increase in independent expenditures in recent election cycles. In some cases, independent spending dwarfs the total raised and spent by the candidates in a contested election.

As we explore greater utilization of this form of political action, it’s important to be realistic about the limits of political spending. Spending a truckload of money on a political race doesn’t guarantee success. A fresh example occurred in California’s June election for Governor. Wealthy advocates for charter schools created an IEC to support former Los Angeles Mayor Antonio Villaraigosa in the crowded race to earn a spot in the top-two runoff this fall. The effort fell far short.

With Lieutenant Governor Gavin Newsom certain to take the top spot, Villaraigosa found himself competing with Republican John Cox for second place. At $23 million (mostly spent on television ads), the charter schools IEC eclipsed by $3 million the total raised and spent by Gov. Jerry Brown four years ago.

When the dust settled in June, Villaraigosa was a distant third and out of the November runoff.

The lessons inherent in this are several. Among them: Sometimes, no amount of spending can change the fundamentals at play in an election campaign. From the outset, Villaraigosa was trying to force his way as a centrist through the top-two primary where voters of both parties could find a candidate closer to their partisan comfort zones.

Many in agriculture supported Villaraigosa; certainly the result will sting for some time. But none of us should leave the playing field. The need for strong political action by agriculture leaders has never been greater, given the distance (both geographically and politically) between farmers and the large majority of voters in urban areas who influence election outcomes. We need to put our resources into the fight, but we need to do it wisely and with properly calibrated expectations.

 

 

Legislator Profile: U.S. Senator Dianne Feinstein representing California since 1993

September 14th, 2018

(Editor’s Note: Dianne Feinstein won the Democratic primary nomination in June and is on the ballot in November attempting to win her sixth term in the U.S. Senate. Born in San Francisco, Sen. Feinstein graduated from Stanford University in 1955 with a Bachelor of Arts in history. She was first elected to public office as a member of S.F. Board of Supervisors in 1962 and has served in an elected position ever since.)

 

Your career has included the elected positions of San Francisco Board of Supervisors, Mayor of San Francisco and now five terms as U.S. Senator. Looking back at your career in public office, have you achieved success where you expected failure, or have you faced failure where you anticipated success? What lessons have you learned from these experiences?

Perhaps my biggest challenge was being a woman in politics. My first campaign was in college where I ran for student body vice president. After I became the first woman President of the San Francisco Board of Supervisors, I ran for mayor twice. I lost both times and I thought I couldn’t win a citywide campaign, but I won in 1979. In 1992 I became the first woman elected Senator of California. Now in the Senate, I became the first woman member of the Senate Judiciary Committee, the first woman to be ranking member of the Committee, and I was the first woman to chair the Senate Select Committee on Intelligence. And what I learned in all these campaigns is regardless of the odds, you have to reach out to all communities to understand everyone’s concerns and aspirations. Having these conversations helps me work with anyone and represent everyone to find solutions to our most difficult problems.

 

In March, the WG Board of Directors voted unanimously to endorse you in your 2018 reelection bid. What does this endorsement mean to you?

It is a great honor to have the support of the Western Growers. The agricultural community feeds our nation and the world and is essential to our economic prosperity. I have always appreciated the wonderful relationship my staff and I have had with farmers and agricultural leaders, and California’s hardworking agricultural workforce. We have worked together to achieve a drought relief bill, and a farm bill which made sure that California received its fair share, and we are fighting side by side to bring undocumented farmworkers out of the shadows. I very much look forward to continuing to work together in the future.

 

In our endorsement announcement, Tom Nassif stated that during your tenure in office, you have “demonstrated a willingness to approach the concerns of California agriculture with pragmatism and practicality…” You have proven that as a “city girl,” you can still represent your rural constituents. Why have you spent so much of your political capital in recent years to support the agriculture industry?

With over 80,000 farms, California is the top agricultural producing state in the nation with nearly half of America’s fruits, vegetables, nuts, and over 80 percent of domestically-grown flowers coming from our state. I believe that as Senator it is my duty to do all that I can to ensure that California’s food and agriculture industries continue to grow, create jobs and succeed. Which is why during negotiations for the 2014 Farm Bill I fought to include provisions essential to our state’s farmers, including bringing millions of federal dollars to our state for specialty crop research and sponsoring previsions to ensure that the Forest Service is prepared to quickly respond to fires that threaten our communities and crops.

 

In our endorsement announcement, Nassif continued on to say that on immigration reform and water, our two biggest issues, you have “stuck to the hard work of seeking positive, workable compromise in a harshly divided and partisan Congress.” As an example, in 2013, you diligently worked with the Gang of Eight to negotiate S. 744, the immigration bill that passed the Senate but was never taken up in the House. And last year, you reached across the aisle in good faith to work with House Majority Leader Kevin McCarthy to successfully pass the Water Infrastructure for Improvements to the Nation (WIIN) Act. Like many Americans, our members are frustrated that there are so few legislators willing to meet members of the other party halfway in order to get something productive done, especially on contentious issues like immigration and water. In the politically polarized environment that has consumed Washington, D.C., and even more so California, is there a viable political path for centrists and pragmatists to rebuild their ranks and get things done?

The people of California sent me to Washington to get things done. Most major pieces of legislation are accomplished on a bipartisan basis. So, unless one party is able to have control of the White House, House of Representative and 60 seats in the Senate, the only way for government to be effective for the people is to put partisanship aside and get things done. We would not have been able to pass a Drought Relief Bill, the 2013 Immigration Compromise, or even publish the Torture Report without cooperation from both Republicans and Democrats and I hope this election will prove that there is still a viable path for those of us who are committed to rolling up their sleeves and finding solutions to the problems facing our country.

 

Assuming you are successful in your reelection bid, what do you hope to accomplish during your next term in office? When do you expect to get real immigration reform for agriculture done?

One of my top priorities for the next Congress is expanding access to health care for millions of Americans by lowering the age of eligibility for Medicare to 55-years of age, mandating that Medicare negotiates for drug prices (which it currently does not), allowing the US Department of Health and Human Services to reject unreasonable premium increases and requiring 85 percent of all premium dollars to go to patients, instead of 80 percent. I am also dedicated to helping reduce homelessness, which has become a crisis here in California and across the West Coast. And as the agriculture community knows all too well the issue of immigration reform has real impactions for farms throughout California, with some 500,000 undocumented farmworkers in our state. Which is why I have partnered with the United Farm Workers to introduce the “Agricultural Worker Program Act” which would allow farmworkers to earn a “blue card” shielding them from deportation and eventually a green card which would put these handworkers on a pathway to citizenship.

 

What is your key message to California agriculture in the 2018 election? What one thought would you like to leave our members with regarding your reelection campaign for the U.S. Senate?

With my experience working with the agriculture community, I understand the challenges facing farmers and farmworkers in our state. For as long as I have been in the Senate I have made it my mission to support the agricultural community through farm bills, drought bills, immigration reform bills and by showing up and listening to leaders in your community. I am very proud of the strong working relationship I have built up with California’s agriculture community and I am committed to continuing that relationship in my next term.

International Trade Credit Can Minimize Risk in an Uncertain Trade Environment

September 14th, 2018

The U.S. government’s steel and aluminum tariffs recently went into effect, and in response, some of our trading partners have implemented retaliatory tariffs on U.S. goods. Specifically, retaliatory tariffs from China, India and Turkey will directly impact the agricultural market and have the potential to put California’s specialty crop industry at a competitive disadvantage.

In 2016, the state exported more than $2 billion in agricultural products to China—many of which Western Growers’ members grow, such as tree nuts, citrus, stone fruit and grapes. Almonds, alone, were hit with a 15 percent retaliatory tariff in April in response to the U.S. tariffs on steel and aluminum, and then an additional 25 percent tariff in July due to the U.S.-China conflicts surrounding intellectual property.

Unfortunately, these tariffs will make U.S. crops more expensive overseas, reduce the demand for specialty crops and, ultimately, have a damaging impact on farmers’ bottom lines. The agricultural industry must take steps to protect itself. To keep business sustained in a time of an uncertain trade environment, growers may look to doing business with partners they have not yet worked with because they are not able to sell to their typical customers. International trade credit insurance can protect you in business ventures with unfamiliar clients.

International trade credit is a type of insurance that protects your business from the risk of non-payment of invoices. Non-payment can be a result of a customer going bankrupt or simply because a business has insufficient funds to pay its debts. Credit insurance mitigates risk of insufficient payment of products sold so if your customer cannot pay you, you will still get up to 90 percent of your money. This means your invoices are covered!

In addition to mitigating risk, trade credit can also help your business grow. Here are four main reasons to consider investing in an international trade credit policy:

•   To protect against non-payment of a debt

•   To offer terms to new customers

•   To increase payment terms to existing customers

•   To explore higher risk opportunities

International trade credit insurance has a variety of services and offerings related to foreign commerce to go along with its core function of insuring your accounts receivable. While it can be rewarding for some businesses, it is also a good idea to be thorough when considering to purchase this type of insurance.

Western Growers Insurance Services has trained representatives who can walk you through the process of deciding if international trade credit is right for your business. We will conduct an in-depth assessment to see if it is a good fit for your company, detail what options best serve your organizational needs, navigate you through the purchase process, ensure that your coverage is properly in place and help you seamlessly integrate it into your daily operations.

For more information on how to utilize international trade credit insurance, feel free to contact me at [email protected] or (602) 757-7869.