U.S. Set to Impose 25% Tariff on E.U. Ag Products

October 3rd, 2019

On Wednesday October 2, the Office of the United States Trade Representative (USTR) announced that the U.S. received approval from the World Trade Organization (WTO) to impose tariffs on $7.5 billion of selected EU products, as result of its win in a long-running case against illegal EU aircraft subsidies.

Effective October 18, 2019 USTR will impose a 25% tariff rate increase on the following EU agricultural goods that may have relevance for WG members:

  • Cherries, otherwise prepared or preserved, nesoi
  • Cherries, provisionally preserved, but unsuitable in that state for immediate consumption
  • Cherries, dried
  • Peaches (excluding nectarines), otherwise prepared or preserved, not elsewhere specified or included
  • Pears, otherwise prepared or preserved, nesoi
  • Oranges, fresh or dried
  • Mandarins and other similar citrus hybrids including tangerines, satsumas, clementines, wilkings, fresh or dried
  • Clementines, fresh or dried, other
  • Lemons, fresh or dried
  • Olives, green, not pitted, in saline, not ripe
  • Olives, green, in a saline solution, pitted or stuffed, not place packed
  • Olives, n/pitted, green, in saline sol., in contain. > 8 kg, drained wt, for repacking or sale, subject to add. US note 5 to Ch. 7
  • Olives, n/pitted, green, in saline sol., in contain. > 8 kg, drained wt, for repacking or sale, not subject to add. US note 5 to Ch. 7
  • Olives, n/pitted, nesoi
  • Olives, pitted or stuffed, provisionally preserved but unsuitable in that state for immediate consumption
  • Olives, green, not pitted, in saline, not ripe, in containers holding o/8 kg for repkg, not subject to add. US note 4 to Ch. 20
  • Olives, green, in saline, place packed, stuffed, in containers holding n/o 1 kg, aggregate quantity n/o 2700 m ton/yr
  • Olives, green, in saline, place packed, stuffed, not in containers holding 1 kg or less
  • Olive oil, other than virgin olive oil, and its fractions, not chemically modified, weighing with the immediate container under 18 kg
  • Virgin olive oil and its fractions, whether or not refined, not chemically modified, weighing with the immediate container under 18 kg
  • Wine other than Tokay (not carbonated), not over 14% alcohol, in containers not over 2 liters

Per USTR’s notification, it will have the authority to increase the tariffs “at any time” or change the products affected. Although the EU is not allowed to retaliate against WTO-authorized countermeasures, EU officials have already been publicly stating that they will likely retaliate to these tariffs through other channels. Ultimately, U.S. officials hope that the imposition of tariffs will compel the EU to negotiate and produce a settlement that will address the ongoing aircraft subsidy problem for good.

It is important to note that this tariff increase is separate from the Section 232 tariffs imposed by the Department of Commerce on European steel and aluminum in spring 2018, as well as separate from the threatened Section 232 tariffs on autos and auto parts (which have not yet been imposed). In these instances, the EU has also threatened retaliation on U.S. imports, although no fresh produce items are yet included on the target list.

Of all ag products exported to the EU, tree nuts ranked second, with almond, walnut, and pistachio exports alone totaling roughly $2.5 billion of the total $13.5 billion in ag trade. The EU also ranks as a top 5 market for certain citrus, onions, garlic, grapefruit, dates, blueberries, and asparagus.

Western Growers continues to closely track these and other trade conflict-related tariff rate fluctuations and is available to help answer questions. Please contact Tracey Chow at 202-296-0191 for more information.

A New Era of Smarter Food Safety, An FDA Initiative

October 24th, 2019

On Monday, the Food and Drug Administration (FDA) held a public forum in Maryland to seek perspectives of stakeholders on their upcoming initiative called “A New Era of Smarter Food Safety.” FDA gathered all sectors of the food industry to gain insights on traceability and outbreak responses, smarter tools for prevention, retail modernization and food safety culture.

Frank Yiannas, FDA’s deputy commissioner for Food Policy and Response said, “It’s a new approach to food safety, one that builds on the progress made in the past, but also incorporates the use of new technologies that are being used. These include blockchain, sensor technology, the Internet of Things and Artificial Intelligence. ” The agency plans to release a blueprint with “critical steps to protect health and keep pace with the ever-changing global food supply chain” early next year.

Jonathan Sarager, Western Growers’ director of federal government affairs, attended the event and provided public comments:

“… for Western Growers, a trade organization that represents growers and handlers of fresh fruits, nuts and vegetables in California, Arizona, Colorado and New Mexico. Western Growers’ members grow and ship more than half the total U.S. output of fresh produce, including more than half of the organic crop. We will be responding to the request for written comments in detail, but I am here today to declare our interest in and support for “A New Era of Smarter Food Safety.” In fact, Western Growers has been working on and advocating for tools, technologies and culture relating to smarter food safety for several years now.  The key elements of a smarter food safety system as we see it are to:

 1) Shift from a snapshot-oriented, audit-driven food safety system and culture to one in which there is visibility between supply chain partners.

 2) Leverage food safety performance data out of discrete company silos and into structures which can benefit the entire industry in our constant efforts to reduce public illness.

 3) Reduce supply chain friction with new risk management tools.

 4) Drive forward higher levels of transparency for consumers.

Our work has been focused on efforts to get food safety information at the farm level off of paper and into a digital format. This will allow us to put the modern tools of artificial intelligence and machine learning to work to further understand vulnerabilities, test controls and mitigation strategies, and to ultimately help us predict and prevent food safety issues. As we progress on that effort, we are now working with trusted partners to carry that digital information into aggregated databases that can be used by Western Growers and potentially made accessible to the academic and regulatory communities for more quantitative risk analyses. In addition, that same information is valuable within the supply chain and we are working with partners to create real time red light/green light warnings that could indicate a supplier’s (or a buyer’s) failure to follow and meet established food safety specifications, whether they are set by FSMA, the LGMAs, other audit programs or individual company specifications. We think the FDA can help in these efforts by working directly with grower groups such as Western Growers to establish key needs and standards for data, developing incentive programs for data sharing and recognizing companies that are employing the highest levels of food safety. We look forward to engaging with the Agency and other stakeholders as we all strive for a “New Era of Smarter Food Safety.”

Be Advised of USDA’s Inspection Rate Increase

October 1st, 2019

The USDA’s Agricultural Marketing Service (AMS) recently announced it will be increasing inspection fees for fresh produce’s quality and condition, along with audit verification services. The rate increases, which were recently published in a Federal Register notice, took effect yesterday October 1st.

Quality and condition federal inspection fees will be increasing ten percent, from $191 to $210. Audit verification services will also be increasing just above six percent from $108 to $115. USDA has indicated that the rates are used to cover the direct and indirect costs incurred by the agency in the provision of services as well as maintaining operational reserves for each program as mandated by Congress. These services include the grading, inspection or certification of quality factors in accordance with established U.S. Grade Standards or other standards.

As sellers of fresh produce, this is a perfect opportunity for me to highlight the importance to the shipper community of ALWAYS securing a federal inspection (whether USDA in the states or CFIA in Canada) as the only means to validate whether or not you have breached your contractual obligations to your buyer. On a FOB sale, it is up to the buyer to prove the rejection by requesting a federal inspection. The contrary can be said about a delivered sale. This is also considered a fundamental, fiduciary step on your part as evidence back to the grower if adjustments need accountability. Never agree to a buyer’s in-house QC or QA report as evidence of a breach of contract.

Do you have any questions, comments or concerns, or would you like guidance on any disputes? Please feel free to contact Western Growers Trade Practices Department’s Bryan Nickerson at [email protected] or 949-885-2392.

2019 WG Comp and HR Survey Data Now Available for Purchase

October 3rd, 2019

To attract the top talent in the agriculture industry, it’s critical to know how you measure up against employers competing for that same talent. The Western Growers 2019 Professional Compensation and HR Practices Survey will give you the insights you need to recruit and retain outstanding employees, make key budgeting decisions, and plan a competitive total rewards strategy.

This is the only compensation survey specific to the California and Arizona fresh produce industry, and a unique opportunity to learn how your strategy compares to those of companies like your own.

Survey data includes:

  • Executive Jobs
  • Field Worker Jobs
  • Plant and Office Jobs
  • Sales and Marketing Jobs
  • HR Practices Survey

The 2019 Professional Compensation & HR Practices Surveys bundle is available for $2,000. The Compensation Survey is broken up by the categories listed above and is available for purchase by section, each for $500.  

Click here to purchase the data you need to attract the best employees in agriculture.

For more questions about the 2019 Compensation and HR Practices Survey, please contact Fran Mueller at [email protected].

Nassif Represents Produce Industry at U.S.-Japan Trade Agreement Signing

October 8th, 2019

Yesterday, Western Growers President/CEO Tom Nassif attended the signing of the U.S.-Japan Trade Agreement in the Roosevelt Room at the White House. The trade agreement opens up market opportunities for the fresh produce industry, and WG members will now have access to the Japanese market on equal footing with the Asia-Pacific signatories of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

“Western Growers extends its appreciation to President Trump for his leadership on the U.S.-Japan Trade Agreement,” said Nassif in a recent press release. “Japan is the third-largest market for American agricultural products, and the elimination of tariffs on produce products such as almonds, blueberries, walnuts, broccoli and prunes – as well as the staged tariff elimination for additional products like cherries and oranges – will result in significant export opportunities for our members and the broader fresh produce industry.”

The White House live-streamed the event and a copy of the recording can be found on the White House’s YouTube channel at https://youtu.be/i4l9MXt8RbY?t=2930. A text transcript of the event is available here.

Oct. 23 Open Farm Event Previews Latest Automation Technology

October 14th, 2019

Learn how innovators are melding different pieces of automation technology together to help agriculture prepare for the future, during the Fourth Annual Open Farm Event on October 23. Open Farm is an annual gathering that brings together the software and farming communities to collaborate on the adoption of new technologies across the food supply chain and to promote a digital transformation within agriculture. There is still a lack of technology standards in agriculture to reduce the cost of adoption while addressing practical needs, so a community event where best practices can be shared is needed more now than ever.

Open Farm is a half-day event that will include the following activities:

  • Field Demonstrations: demonstrations of remote irrigation based on time-of-use, optimization of solar return-on-investment and automated tractors using sensors to optimize energy-related assets
  • Peer-Reviewed Presentations: presentations on the latest results using big data including fire modeling and prevention, automated irrigation and robotics
  • Industry Panel: panel on the most pressing issues growers are facing on the farm and how technology can help solve those challenges, moderated by WG Center for Innovation & Technology Director Dennis Donohue
  • Keynote Address: Mike Chrisman, current director of the Tulare Resource Conservation District and former California Secretary of Natural Resources, will provide a keynote on the future of farming in the Tulare basin with the new SGMA regulation coming to effect in January

The event is hosted by Southern California Edison in Tulare, in collaboration with CSU Fresno (BlueTech Valley), UC Agricultural and Natural Resources (The Vine), West Hills College Coalinga (Farm of the Future), Bowles Farming, PowWow Energy and Western Growers (Center for Innovation & Technology).

EVENT DETAILS

Fourth Annual Open Farm Event

Date: Wednesday, October 23, 2019

Time: 8:30 AM – 1:30 PM PDT

Location: SCE Energy Education Center (4175 S Laspina St., Tulare, CA 93274)

Cost:

  • Growers: Free
  • Academia: Free
  • Power/Water Utilities: $20
  • All Others: $40

RSVP: To register, visit https://www.eventbrite.com/e/fourth-annual-open-farm-tickets-72327273823

For more information, contact Dennis Donohue at (831) 594-4883.

Lofgren, Newhouse Introduce Farm Workforce Modernization Act

October 31st, 2019

Yesterday, Representatives Zoe Lofgren and Dan Newhouse introduced the Farm Workforce Modernization Act, which addresses two critical needs for American agriculture: to retain existing, experienced workers and to ensure a reliable future flow of guest workers. Western Growers Executive Vice President Dave Puglia attended the introduction of the bill in Washington, D.C., along with a host of other stakeholders who played a key role in developing the agreement.  

“On behalf of Western Growers members, farmers across the country who depend on an adequate supply of labor for their livelihoods, and American consumers who prefer a safe and secure domestic food supply, we wish to thank Representatives Zoe Lofgren and Dan Newhouse for approaching the agricultural labor crisis in a thorough, practical and bipartisan manner,” said Western Growers President/CEO Tom Nassif in a press statement.

“The introduction of this bill, which is the product of many months of dedicated work and careful negotiation between legislators, staff, and key stakeholders, constitutes an agreement that few thought was possible. However, this is just the beginning. What lies ahead is a very important process that will require the support of both political parties and the President,” he continued.

CLICK HERE TO READ THE FULL PRESS STATEMENT.

CA Growers to Cease Use of Chlorpyrifos by December 31, 2020

October 10th, 2019

Dow AgroSciences has reached an agreement with the State of California to cease the registration and sale of chlorpyrifos.

Terms for the agreement are as follows:

  • Registrations allowed to lapse at the end of the year
  • Dow AgroSciences will cease sales on November 8, 2019
  • Dealers/distributors will cease sales on February 6, 2020
  • Users can continue to use affected products until December 31, 2020
  • Product take-back will occur through normal business practices/channels – with outreach to growers to explain the terms of continued use

Chlorpyrifos is an important tool farmers use as a part of their integrated pest management programs to protect California’s food supply from invasive species. It is used on more than 800,000 acres and more than 60 crops including tree nuts, vegetables, grapes, citrus, cotton and alfalfa, and the loss of the pesticide will make it even more difficult for farmers to continue grow safe, healthy and abundant food.

Western Growers encourages the State of California to quickly develop alternative products to replace the loss of this important crop protection tool. 

Five Finalists Chosen to Compete for $250K at 2019 AgSharks Competition

October 24th, 2019

After carefully reviewing the flood of applications from start-up companies that are all developing technology to solve agriculture’s most critical issues, Western Growers and S2G Ventures have chosen five finalists to compete in the 2019 AgSharks® Competition on November 12.

The selected startups, who will face off and compete for $250,000 in investment capital and access to farmland to pilot their innovations, are as follows:

  • FarmWise Labs: FarmWise’s autonomous, A.I.-enabled robots are designed to solve farmers’ most pressing challenges by performing a variety of farming functions – starting with weeding, and providing personalized care to every plant they touch.
  • GeoVisual Analytics: GeoVisual helps specialty crop farmers track and improve their performance throughout the supply chain, to optimize efficiencies and increase profits from planting to sales.
  • mobius pbc: mobius is building a future where food, forestry and agricultural waste streams are upcycled into valuable chemical and material building blocks. Its first technology is a platform for bio-based, naturally degradable and compostable materials that serve as drop-in replacements for petroleum-based polymers used in agriculture.
  • NanoReagents LLC: NanoReagents’ product offerings include new technologies that increase yields and promote sustainability; interventions in microbiology that enhance food safety, food production and food economics; testing and laboratory services; and solutions that reverse long-established inefficiencies in energy, water and waste costs.
  • Varcode: Varcode has developed patented technology to enable scannable barcodes to dynamically change based on prescribed, configurable time and temperature threshold conditions. The system provides real-time alerts to concerned stakeholders as well as comprehensive track and trace provenance for temperature-sensitive products for safety and compliance purposes.

The competition will take place at Western Growers’ Annual Meeting in Maui Hawaii, where the finalists will pitch their innovations to a panel of AgSharks, and the judges will decide, on the spot, whether and how much to invest.

The seven “Sharks” who will be offering feedback, equity investment offers, acreage for use in pilot programs or a combination of the three are as follows:

  • Neill Callis, General Manager at Turlock Fruit Company Inc. Bio.
  • Audre Kapacinskas, Vice President at S2G Ventures. Bio.
  • Frank Maconachy, President and CEO at Ramsay Highlander, Inc. Bio.
  • Aidan Mouat, CEO and Co-founder at Hazel Technologies. Bio.
  • Craig Reade, Partner at Bonipak Produce. Bio.
  • Chuck Templeton, Managing Director at S2G Ventures. Bio.
  • Matthew Walker, Managing Director at S2G Ventures. Bio.

Western Growers and S2G Ventures created the AgSharks Competition in 2017 to identify key innovations in the fresh produce industry and support agtech startups in bringing their technology to market. In the competition’s first year, Hazel Technologies and AgVoice walked away with a total of $2.25 million in investment offers. Last year, Augean Robotics earned $250,000, which played a significant role in helping the startup close a $1.5 million seed round.

Volunteers Needed to Review Specialty Crop Research Initiative

October 28th, 2019

The National Institute of Food and Agriculture (NIFA) is putting a call out for volunteers to serve as industry relevance reviewers for pre-applications to the Specialty Crop Research Initiative (SCRI).

“The SCRI awards grants to support research that addresses the critical needs of the specialty crop industry, and it is crucial to have knowledgeable volunteers engaged in the review process to ensure the projects funded by SCRI are indeed relevant to industry,” said Hank Giclas, senior vice president of science, technology & strategic planning at Western Growers.

NIFA is in need of 60 reviewers, all who must be engaged in specialty crop production, handling or processing. This includes those who have been previously engaged in the specialty crop industry as well as representatives from trade associations.

According to NIFA, volunteers will be assigned to a panel of reviewers and given a list of pre-applications covering topics as closely related to the individual’s expertise as possible. Reviewers will be asked to read, complete an evaluation form and prepare brief comments on each pre-application. The time commitment is about 15 – 20 hours, between November 8 and December 13. 

For those interested in volunteering for this important role, please email Dr.Tom Bewick, the national program leader – horticulture at NIFA, by November 1, 2019, at [email protected].

Register for Nov. 14 Webinar on Irrigation Water Treatment

October 10th, 2019

Join us on November 14 for our upcoming Lunch & Learn webinar, as we dive into key concepts and parameters producers should consider when implementing irrigation water treatment in an agricultural system. During the webinar, Dr. Ana Allende of the Spanish National Research Council will share her research findings related to irrigation water treatments as well as discuss best practices that may be applied to your operation.

Don’t miss this opportunity to hear from our speaker and to ask questions about irrigation water treatment. Register today!

WEBINAR DETAILS

Irrigation Water Treatment 101

Date: Thursday, November 14, 2019

Time:  11:00am – 12:00pm Pacific Time

Speaker: Dr. Ana Allende, Spanish National Research Council, CSIC – Centro de Edafologia y Biologia Aplicada del Segura

RSVP: CLICK HERE TO REGISTER

This webinar is hosted by Western Growers Science & Technology. WG Science & Tech recently launched a newsletter – the Food Safety, Science and Technology Snapshot – that covers timely topics relating to food safety. To register for the newsletter, contact Alyssa Luu at [email protected].

CA Water Board Requires Farmers to Curb Fertilizer Use 10 Years Sooner

October 17th, 2019

Yesterday, the California State Water Resources Control Board adopted a resolution approving the Central Valley Regional Water Quality Control Board’s amendments to the Sacramento and San Joaquin Basin Plan and the Tulare Lake Basin Plan to incorporate a Central Valley-wide Salt and Nitrate Control Program. With the approval, Central Valley farmers are now required to stop their fertilizer discharges that exceed the drinking water standard within 35 years, rather than 45 years.

The original Water Board staff proposal would have given users in the Sacramento River, San Joaquin River and Tulare Lake basins up to 45 years to develop and implement management practices that would curb nitrate discharges. However, during the meeting yesterday, the Board voted to reduce the timeline by 10 years, arguing that 35 years should be a sufficient amount of time to implement methods or develop technological solutions to reduce nitrates. This was despite the fact that Board member Dorene D’Adamo insisted that 35 years would not be enough time.

“What I fully expect is that I’m going to hear from agriculture, saying ‘What are you guys thinking?’ and it’s going to be another nail in the coffin on people in the industry saying farming in California just doesn’t make any sense,” said D’Adamo yesterday during the meeting.

The Salt and Nitrate Control Program provides a new framework for the Regional Water Board to regulate salt and nitrate, while also ensuring short-term and long-term safe drinking water supplies. The amendments represent the most significant changes in decades to the regulation of salts and nitrates in the surface and ground waters of Central Valley. With these amendments, the Regional Water Board will be able to ensure safe drinking water in affected areas and offer greater flexibility for discharger compliance.

From here, Management Zones will need to be formed so that all permitted dischargers participating in the management zone collectively work to meet the goals of the nitrate control program. 

The Central Valley Water Board will ensure that affected residents in localized areas within management zones with nitrate concentrations exceeding 10 mg/L (“hot spots”) are identified and provided access to drinking water through Early Action Plans and Management Zone Implementation Plans.

Western Growers staff will continue to stay involved in implementation of the Safe and Affordable Drinking Water Fund as well as the development of plans that are intended to implement the Basin Plan Amendments.

For more information please contact Gail Delihant at (916) 446-1435.

2019 End of Session Legislative Wrap-Up

October 22nd, 2019

The 2019 California legislative year has concluded. The Legislature adjourned in the early morning hours of September 14th and Governor Newsom has completed taking action on those bills that made it to his desk. Listed below are some of the notable bills that Western Growers advocated on through the year.

AB 5 (Gonzalez) Signed: This bill, which was signed by the governor, codifies the Dynamex decision regarding who is an employee and who is an independent contractor. Western Growers was part of a coalition with an oppose unless amended position on the bill. We requested an amendment that would have clarified that trucking owner-operators would be able to remain independent contractors and not employees. Unfortunately, the author decided to only provide this clarification for truckers who provide services for the construction industry.  

AB 51 (Gonzalez) Signed: Western Growers opposed this bill, which places a ban on mandatory employment arbitration agreements. The bill was signed by the governor. However, it is very likely that this statute will be litigated since it is almost assuredly preempted by the Federal Arbitration Act.

AB 555 (Gonzalez) Held In Assembly:  Western Growers took an oppose unless amended position on AB 555, which proposes to expand California’s paid sick leave program from 3 days to 5 days (40 hours). Western Growers helped to lead a large and diverse coalition against this bill. It was held in the Assembly.  

AB 589 (Gonzalez) Vetoed: Western Growers opposed this bill because it would create additional onerous requirements on employers. One of the requirements would have been a “Worker’s Bill of Rights” document, which would have needed to be provided to each employee. Of particular concern was a provision within this document regarding employer-provided housing that would have likely impacted H-2A housing options and choices for employees. The governor vetoed the bill.

AB 658 (Arambula) Signed: Western Growers supported this bill. The bill authorizes a groundwater sustainability agency or local agency to apply for, and the State Water Resources Control Board to issue, an expedited conditional temporary permit for diversion of surface water to underground storage for beneficial use that advances the sustainability goal of a groundwater basin. The bill was signed by the governor.

AB 916 (Muratsuchi) Held in Senate: Western Growers opposed this bill, which would place a ban on the use of glyphosate by a local agency. The bill was successfully held in the Senate Agriculture Committee.

AB 1783 (Robert Rivas) Signed: Western Growers opposed this bill sponsored by the UFW. Disappointingly, it was signed by the governor. The bill allows the issuance of a ministerial permit for farmworker housing if the employer agrees to turn the operation of that housing over to a third-party operator for a 25-year contract. We also were heavily opposed to a mandate in the bill that prohibits state funding from programs like the Joe Serna Farmworker Housing Grant Program for the purposes of predevelopment, development, or operation of employee housing if it will be used to provide housing for H-2A employees.

SB 1 (Atkins) Vetoed: Western Growers strongly opposed this bill, which would have blanketed federal laws that were in effect under the Obama Administration onto California state agencies without a case-by-case analysis on the merits. The governor vetoed the bill.

SB 200 (Monning) Signed: Western Growers supported this bill, which establishes the Safe and Affordable Drinking Water Fund to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long term.

SB 559 (Hurtado) Held in Assembly: Western Growers supports this bill, which would require the California Water Commission to make a grant of $400,000,000 to a joint powers authority to restore the capacity of the Friant-Kern Canal. The bill passed the Senate but was held in the Assembly.

DOL Rescinds H-2A Advertising Rule

October 1st, 2019

The U.S. Department of Labor has announced the repeal of a rule requiring employers to advertise H-2A jobs in print newspapers. The beneficial new rule becomes effective October 21, 2019.

Under current regulations, after an employer submits an acceptable H-2A application and job order, the DOL will issue a Notice of Acceptance specifying the “positive recruitment” efforts that the employer must conduct to complete the “labor market test” intended to determine if there are sufficient able, willing, and qualified U.S. workers to fill the job opportunity. Among other steps, the employer is generally directed to place two print advertisements in newspapers in the area where the job is located, and advertise in up to three additional newspapers in so-called “labor supply” states.

Last November the DOL issued a Notice of Proposed Rulemaking (NPRM) announcing its intent to modernize the recruitment that an employer must conduct in conjunction with an H-2A application. Specifically, the Department proposed to eliminate the requirement that every employer advertise its job opportunity in a print newspaper and replace it with a requirement to post an electronic advertisement on a website.

Many H-2A employers, agents, and agricultural associations, including Western Growers, submitted comments in response to the NPRM commending the Department’s efforts to modernize the recruitment process. Western Growers H-2A Services, and others, confirmed that, based on their experience, the existing newspaper advertising requirement was not effective in recruiting U.S. workers for agricultural positions. WG was among the commenters who asserted the costs of advertising are unwarranted because newspaper advertisements result in few, if any, referrals of U.S. applicants. For instance, according to the DOL, one agent for H-2A employers reported that its employer-clients had spent about $75,000 to advertise roughly 5,000 positions, and the employers did not receive a single applicant in response to the advertisements. An association representing agricultural employers similarly reported that its members spent millions of dollars on newspaper advertisements for H-2A positions each year and received no U.S. applicants in response.

In the final rule announced September 20, 2019, the Department announced its intent to eliminate the advertising requirement, be it print or electronic, altogether. Instead, DOL will advertise all H-2A job opportunities by posting them on SeasonalJobs.dol.gov, the expanded and improved version of the Department’s existing electronic job registry.

The rule change is a welcome one for employers and agents, alike who were frustrated by mandated newspaper listings, says Jason Resnick, who manages Western Growers H-2A Services. “In addition to the unjustified cost to the employer, agents like us who file multiple applications on behalf of many employers currently must spend countless hours placing ads and chasing down tear sheets [or copies of ads] in order to prove to DOL that the ads were timely placed and contained all requisite information about the job. I’m glad that time and money will be saved by our members going forward,” Resnick said.

In a press release, Secretary of Agriculture Sonny Purdue said, “By streamlining these processes, DOL is bringing the H-2A process into the 21st Century allowing farmers to be able to better and cost-effectively advertise for workers they need and fill out the required forms faster and more efficiently, because no one should have to hire a lawyer to hire a farm worker.”

No Reporting Time Pay Required When Power is Disrupted by Public Utilities

October 10th, 2019

As has been reported, PG&E and other California utilities have implemented power outages intended to mitigate wildfire risk caused by downed power lines due to excessive wind conditions.

The IWC Wage Orders for packing/processing (Wage Orders 8 and 13) and agricultural employees (Wage Order 14) state that if an employee is required to report for work at a scheduled time, and does, but is not put to work or works less than half of his/her usual day, that employee will receive reporting time pay (Section 5).

This pay must be one-half the normal hours worked at the regular rate for that employee and will be a minimum of 2 hours and a maximum of 4 hours. If an employee is required to report for work a second time, and works less than 2 hours, the employee will be paid for 2 hours at his/her regular rate of pay, which must be no less than the minimum wage.

However, this requirement is waived if the reason for stopping work is due to public utilities failing to supply electricity; is at the recommendation of civil authorities; when employees’ or the employer’s property is threatened; or due to an Act of God, or other causes not within the employer’s control. (Mechanical failures are not deemed to be outside the employer’s control.)

Employers are reminded that they must pay employees for all time worked prior to, or time waiting to work due to, an Act of God or other work disruption. Employees must be completely released from their workplace obligations, meaning that they cannot be told to wait in a specific place or for a specific amount of time, without the employer incurring the requirement to pay standby time wages.

Cal/OSHA Encourages Employers to Protect Workers from Unhealthy Air Quality due to Wildfire Smoke

October 29th, 2019

Cal/OSHA prompts all employers to take the necessary steps to protect workers from harmful exposure to unhealthy air quality due to wildfire smoke. As previously reported in Spotlight, the Office of Administrative Law approved the Protection from Wildfire Smoke regulation, which requires California employers to protect their employees from possible harm created by wildfire smoke.

Requirements for Employers

When wildfire smoke affects a worksite, employers must monitor the Air Quality Index (AQI) for particulate matter in the air, known as PM2.5. Employers can monitor the AQI by using the U.S. EPA AirNow website.

If the AQI for PM2.5 is 151 or greater, employers must:

• Inform employees of the AQI for PM2.5 and the protective measures available to them.

• Reduce harmful exposure to wildfire smoke if feasible; for example, by relocating work to an enclosed building with filtered air or an outdoor location where the AQI for PM2.5 is 150 or lower.

• Provide respirators, such as N95 masks, to all employees for voluntary use. If the current AQI for PM2.5 exceeds 500, respirator use is required.

• Provide training on the new regulation, including the health effects of wildfire smoke and the proper use and maintenance of respirators.

Click here to read the California Department of Industrial Relations’ full press release.

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

Western Growers Statement on Revisions to Federal Biological Opinions

October 22nd, 2019

IRVINE, Calif. (October 22, 2019) – In response to the Trump Administration’s new plan that will guide the federal management of the Central Valley Project (CVP) in California, Western Growers President & CEO Tom Nassif issued the following statement:

“We are encouraged by the federal government’s willingness to expedite revisions of the biological opinions that have governed water project operations in much of California for the last decade. Those rules – intended to recover threatened and endangered fish populations in the Sacramento-San Joaquin Delta – have caused serious and lasting economic and social damage to hundreds of communities without producing the desired results.

“The proposed revisions introduce a refreshing new commitment to flexible management based on real-time data, allowing water deliveries when protected fish species are not in danger and restricting deliveries when they are. This is a common sense improvement over the status quo in which water managers’ hands are tied by inflexible calendar-based rules that ignore real-time changing conditions in the Delta. Other elements of the revised biological opinions similarly reflect the benefit of updated research and experience.

“Those who immediately condemn these revisions because they may help farm communities or cities are attempting to distract from the failure of the current regulatory regime. We suggest that protecting the status quo by any means is equivalent to consigning the endangered fish species to extinction while simultaneously extinguishing the economic future of thousands of communities. The status quo has failed; change, based on new research and practical experience, is desperately needed.

“The Newsom Administration has made thoughtful commitments to environmental protection and better water resource management through Voluntary Agreements between the State Water Board and the communities that depend on the watersheds of the Delta. It is imperative that this proposal be analyzed in the same thoughtful manner, that is, on its merits and as part of the larger Voluntary Agreement construct.”

About Western Growers:
Founded in 1926, Western Growers represents local and regional family farmers growing fresh produce in Arizona, California, Colorado and New Mexico. Our members and their workers provide over half the nation’s fresh fruits, vegetables and tree nuts, including nearly half of America’s fresh organic produce. Some members also farm throughout the U.S. and in other countries so people have year-round access to nutritious food. For generations, we have provided variety and healthy choices to consumers. Connect with and learn more about Western Growers on our Twitter and Facebook.

###

Western Growers Statement on Introduction of Farm Workforce Modernization Act

October 30th, 2019

IRVINE, Calif. (October 30, 2019) – In response to the introduction of the Farm Workforce Modernization Act by Representatives Zoe Lofgren and Dan Newhouse, Western Growers President & CEO Tom Nassif issued the following statement:

“On behalf of Western Growers members, farmers across the country who depend on an adequate supply of labor for their livelihoods, and American consumers who prefer a safe and secure domestic food supply, we wish to thank Representatives Zoe Lofgren and Dan Newhouse for approaching the agricultural labor crisis in a thorough, practical and bipartisan manner.

“The Farm Workforce Modernization Act addresses two critical needs for American agriculture – to retain existing, experienced workers and to ensure a reliable future flow of guest workers. Furthermore, after a satisfactory transition period, the bill includes E-Verify for agricultural employers, demonstrating the commitment our industry has made toward a long-term labor solution.

“The introduction of this bill, which is the product of many months of dedicated work and careful negotiation between legislators, staff, and key stakeholders, constitutes an agreement that few thought was possible. However, this is just the beginning. What lies ahead is a very important process that will require the support of both political parties and the President.

“The Farm Workforce Modernization Act has the resounding support of the agriculture community, and contains principles that have historically received backing on both sides of the aisle. We, along with our Congressional champions and partners in the Agriculture Workforce Coalition, commit ourselves to moving the Farm Workforce Modernization Act forward this legislative session.”

About Western Growers:
Founded in 1926, Western Growers represents local and regional family farmers growing fresh produce in Arizona, California, Colorado and New Mexico. Our members and their workers provide over half the nation’s fresh fruits, vegetables and tree nuts, including nearly half of America’s fresh organic produce. Some members also farm throughout the U.S. and in other countries so people have year-round access to nutritious food. For generations, we have provided variety and healthy choices to consumers. Connect with and learn more about Western Growers on our Twitter and Facebook.

###

Applications for Agricultural Tractor Trade-Up Program Close Next Week

October 10th, 2019

The application period for the Farmer Agricultural Tractor Trade-Up Program will close on Monday, October 21, 2019. The program offers agricultural users incentive funds towards the purchase of a new Tier 4 final self-propelled off-road equipment in exchange for an existing in-use Tier 3 tractor.

San Joaquin Valley Air Pollution Control District will be accepting applications from Original Equipment Manufacturers/Dealers located within District boundaries, and all applicants must be engaged in agricultural operations as defined by the California Air Resources Board.

To apply or for additional guidelines about the program, visit the Agricultural Tractor Trade-Up Program website here.

Western Growers Insurance Services Welcomes New Senior Account Manager Marlo Reininger

October 15th, 2019

IRVINE, Calif. (October 14, 2019) – In an effort to further bolster its demonstrated commitment to the agriculture industry, Western Growers Insurance Services (WGIS), a full service insurance agency, has added Marlo Reininger as senior account manager to its team. In this position, Reininger will work side by side with the WGIS sales team in developing relationships with food and agriculture customers, identifying risk and exposures and ensuring that WGIS customer assets are protected through the proper insurance contracts.

“I’ve had the pleasure of working with Marlo as her practice leader over ten years ago,” said Jeff Gullickson, senior vice president of Western Growers Insurance Services. “I was thoroughly impressed with her work ethic, knowledge of commercial lines, and commitment to building relationships with new and existing clients. Adding Marlo to our team seemed only fitting.”

With over 30 years of experience and as a certified insurance counselor, Reininger has committed her entire career to the insurance industry. Prior to joining WGIS, she worked for USI Insurance Services as both an account manager and senior account manager, where she helped grow and maintain a book of business for a senior producer, as well as other responsibilities.

“Although I have extensive experience with insurance, the agriculture industry is a new arena for me,” said Reininger. “Being a part of the Insurance Services team provides me with an opportunity to challenge myself in this space as well as new opportunities for growth.”

Reininger is a Santa Barbara native who currently resides in the foothills of La Crescenta, Calif., with her husband of 33 years. Reininger holds a Certified Insurance Counselor designation and is a two-time USI Summit Award winner and a California-licensed Property and Casualty Broker-Agent.

High-resolution image of Marlo Reininger is available here.

About Western Growers Insurance Services:
Western Growers Insurance Services, Inc. is the wholly-owned insurance brokerage of Western Growers and offers full-service risk management solutions to agricultural and related industry members in California, Arizona, Colorado and New Mexico. Since first offering health insurance and employee benefits back in 1986, WGIS has expanded to include property and casualty insurance, safety and loss control services and health care reform consulting. Connect with and learn more about Western Growers and WGIS on Twitter and Facebook

###