WG, Industry Proposes Market Stabilization Plan

March 31st, 2020

On Monday, March 30, WG joined more than 75 allied produce organizations in issuing a letter to Secretary Sonny Perdue calling on USDA to develop a market stabilization plan for the industry with allocated funding from the stimulus package. Specifically, the letter proposes the agency take the following actions:

  • USDA should move to aggregate all data on losses by PACA licensees dues to the COVID-19 pandemic.
  • USDA should immediately act to develop a disbursement plan to pay grower-shippers for debts identified from PACA licensees and customers along with other contractual obligations that cannot be repaid due to the collapse of the foodservice sector.
  • Development of a plan for USDA to purchase fresh fruits and vegetables for federal feeding programs. In so doing USDA should immediately “step into the shoes” of schools that have canceled contracts.
  • As we seek to quantify the full international trade impacts of this global crisis, USDA should be prepared to create a program that assists producers with respect to lost international markets.
  • Use of all resources at USDA’s discretion, including carryover funds from the previous fiscal year, must be part of the solution to address the immediate needs of the specialty crop industry.

The signatories note that these are our initial ideas to help reduce the financial devastation from the crisis, and that other needs may emerge as the crisis continues to evolve.

Click here to read the full letter.

Proposed New Fund to Help Businesses Affected by Coronavirus Shutdown

March 31st, 2020

Many of our members have reported a slowdown in their business due to the impact of COVID-19 in the foodservice sector, and now possibly expanding into the retail markets. It is quite possible that this slowdown may continue, or even spread further.

“Generally speaking, financial losses caused by COVID-19 are not covered under the Business Income section of property policies,” said Jeff Gullickson, Senior Vice President of Western Growers Insurance Services. “This includes direct losses and those suffered as a result of customer issues. There are multiple policy wordings that work to the disadvantage of the policyholder for this type of event,” he noted.

In these instances, if your business has suffered a financial loss, Western Growers Insurance Services (WGIS) recommends that WG members still file a claim in anticipation of some type of government intervention or industry action.

Just this morning, a fund was proposed to the federal government by the insurance industry and a coalition of other trade groups to address the shortcomings of existing P&C policies: the COVID-19 Business and Employee Continuity and Recovery Fund.

Stemming from the recently passed $2.2 trillion stimulus bill, the proposed fund would be a new relief vehicle for businesses and workers affected by quarantine and stay-at-home measures. The COVID-19 Business and Employee Continuity and Recovery Fund is meant to:

  • Help businesses retain and rehire employees,
  • Maintain worker benefits, and
  • Help cover operating expenses such as rent.

The new relief vehicle may also provide funds for payroll, lost income of sick employees, and lost business revenues (but not profits).

Click here for a detailed analysis of the COVID-19 Business and Employee Continuity and Recovery Fund.

We here at Western Growers Insurance Services are here to assist you. Please do not hesitate to contact us. We are available to review your current situation and provide guidance on how to access recovery funding. Please reach out to Ken Cooper at (805) 718-9403 or [email protected].

Treasury Department Guidance on Paycheck Protection Program, Application Form Available

March 31st, 2020

The U.S. Department of Treasury has issued guidance on the Paycheck Protection Program (PPP), the nearly $350 billion authorized in the CARES Act (the $2.2. trillion stimulus package) to provide small businesses with funds to pay up to 8 weeks of payroll costs including benefits. Funds can also be used to pay interest on mortgages, rent and utilities.

Click here to access a one-page overview of the PPP, including the conditions under which the loans will be forgiven, which businesses are eligible, and when and how to apply.

More detailed information for borrowers can be found here.

The application form can be accessed here.

Click here to access additional resources on the Treasury Department’s Paycheck Protection Program webpage.

CDFA Urges Calif. Farms to Donate to Food Bank Program

March 31st, 2020

The COVID-19 pandemic has led to a large surge in unemployment and a rise in food insecurity
in numerous communities across the country. Even in normal times, food banks play a critical
role in feeding millions of Americans. Now, the demand – and urgency – is even greater.

CDFA has issued a call to the California agriculture industry to aid in meeting the increased
demand for donations to food banks, and is directing willing producers from around the state to
participate in the Farm to Family program.

Operated by the California Association of Food Banks, the Farm to Family program helps move
excess California-grown products from the field to food banks up and down the state. Over 160
growers currently donate more than 50 varieties of produce to the Farm and Family program,
including many Western Growers members.

As a result of these generous donations, the program has aided in the distribution of over 160
million pounds of California produce to its vast network of schools, churches, senior centers and
other destinations.

To give farm product donations, contact Steve Linkhart, Director of Farm to
Family at (510) 350-9916.

California Legislature Looks to Ban Single-Use Packaging and Products

March 5th, 2020

The California Assembly is currently considering SB 54 (Allen – Redondo Beach), the California Circular Economy and Pollution Reduction Act, which would ban most single-use packaging and products that are not recycled (not just recyclable) by 2030.

SB 54 aims to achieve a 75% reduction in the waste generated from single-use packaging and products, which would include items like field wraps, salad bags and clam shells. Certainly, this bill would change the way produce is packed in California, leading to considerable increases in costs for the industry.

WG understands that the marketplace is moving to reduce single-use plastics. However, we also understand the significant fiscal and logistical burdens this bill – as it is currently constructed – would place on the packaging industry and our member companies, which is why we have been working with the authors and the Newson Administration since last fall on a set of amendments to smooth the transition if passed, including a five-year extension on the bill, from 2030 to 2035, in order for manufacturers to replace or reconfigure their equipment.

Additionally, we have proposed a set of amendments that recognizes that current packaging is designed to both extend the shelf life of fresh produce, which avoids food waste and limits organic waste methane emissions, and protect the safety of the products.

SB 54 is currently on the Assembly Floor awaiting additional amendments. WG is fully engaged in the process, and will alert our members if the final package does not sufficiently address our concerns. In the meantime, we encourage our members to contact their state representatives to express any concerns about the potential impact of the bill on their operations.

For questions or additional information about SB 54, please contact Gail Delihant at [email protected] or (916) 446-1435.

COVID-19: Employer Guidance and Resources

March 10th, 2020

Employers are responding to the COVID-19 (coronavirus) outbreak in a variety of ways. There is no one correct way to respond, and there is no one-size-fits-all policy that must be implemented. However, there is no doubt that given the rapid spread of the outbreak in the United States and globally, employers must now take steps to help keep their employees safe.

Much has been written and disseminated by law firms specializing in employment law (including several Western Growers Ag Legal Network members) and government agencies advising employers on the specific steps they should consider taking to help avoid and mitigate potential exposure to the virus. Below are links to several such sources.  Bookmark this page, and monitor it often – as COVID-19 continues to spread, so too will new information and resources become available.

LEGAL RESOURCES

Brownstein Hyatt Farber Schreck has great insights on the legal issues the coronavirus threat raises for businesses:

For businesses owners and operators: 

For employers:

Jackson Lewis COVID-19 Task Force

As issues and concerns around Coronavirus/COVID-19 unfold daily, employers must prepare to address the threat as it relates to the health and safety of their workforce. Keep up to date with the latest available information and resources here. Jackson Lewis Resources include these items, Coronavirus in a Flash: Updates, Special Reports and Advice for Employers, California Paid Sick Leave and Coronavirus, and Travel Restrictions, New Facts on Coronavirus Should be Continually Monitored by Employers, among other resources.

Littler: Coronavirus (COVID-19) Resources for Employers

Coronavirus (COVID-19) poses particular concerns for employers for several reasons, beyond the obvious need to protect employees who may be at risk and the need to address employee concerns: coronavirus might be transmittable in the workplace, and is serious; medical experts are still searching for a test to detect its presence; the incubation period after exposure but before symptoms appear is believed to be a minimum of several days; and early symptoms can mimic less severe respiratory problems, such as the flu. Littler’s COVID-19 resources page includes: Employer FAQs, Employer Action Items, “Top Takeaways” for Employers, and Guidance for Business Preparation, among other resources.
As COVID-19 continues to develop in the US and globally, governments, industries, and clients continue to adapt to the emerging challenges. 

Dentons: COVID-19 (Coronavirus) Hub

Dentons has formed a multi-disciplinary COVID-19/Pandemic Special Situations Team (PSST) in the US to facilitate, accelerate and proactively support client service. Reflecting the breadth and scope of our Firm, the PSST is led by a diverse group of lawyers and professionals.  Coordinating with colleagues in the US and globally, the PSST is dedicated to offering clients the best of our insights, guidance and counsel in addressing COVID-19 related issues.

As the world’s largest law firm, we are already advising across a wide range of issue areas related to COVID-19, including, but not limited to, the following concerns:

  • Shutdowns, workplace disruptions, and workplace safety and health considerations due to COVID-19; Federal, state, and local government regulations; Air and other travel restrictions; Immigration status and other employment considerations, among others.

Fisher Phillips: Comprehensive And Updated FAQs For Employers On The COVID-19 Coronavirus           

Fisher Phillips has assembled a cross-disciplinary taskforce of attorneys across the country to address the many employment-related issues facing employers in the wake of the COVID-19 coronavirus. The COVID-19 Taskforce has created a Frequently Asked Questions (FAQ) document, which has been continually updated since first published on March 3 and will continue to be updated as events warrant. It now includes sections on Remote Work Policies and Workers’ Compensation, added on March 9.

GOVERNMENT RESOURCES

Coronavirus Disease (COVID-19) – FAQs on laws enforced by the California Labor Commissioner’s Office

The California Division of Labor Standards has an FAQ including answers to questions such as:

  • Can an employer require a worker who is quarantined to exhaust paid sick leave?
  • Is an employee entitled to compensation for reporting to work and being sent home? and
  • Can an employer require a worker to provide information about recent travel to countries considered to be high-risk for exposure to the coronavirus?

The EDD provides a variety of support services to employers and individuals affected by COVID-19 in California. California Employment Development Department (EDD) Coronavirus 2019 (COVID-19)

For guidance on the disease, visit the California Department of Public Health website.

If your employer has reduced your hours or shut down operations due to COVID-19, you can file an Unemployment Insurance (UI) claim.

For information on protecting workers from COVID-19, refer to the Cal/OSHA Guidance on Coronavirus.

Government Resource from CA Labor & Workforce Development: https://www.labor.ca.gov/coronavirus2019/

Employers planning a closure or major layoffs as a result of the coronavirus can get help through the Rapid Response program. Rapid Response teams will meet with you to discuss your needs, help avert potential layoffs, and provide immediate on-site services to assist workers facing job losses. For more information, refer to the Rapid Response Services for Businesses Fact Sheet (DE 87144RRB) (PDF) or contact your local America’s Job Center of California SM.

Consult these additional resources for up-to-date information.

Update on H-2A Processing in U.S. Consulates in Mexico

March 17th, 2020

The U.S. Department of State has announced that beginning Wednesday, March 18th, the U.S. Embassy in Mexico City and all U.S. consulates in Mexico will suspend routine immigrant and non-immigrant visa services. This includes both visa interviews at the consulate and processing at the Centros de Atención a Solicitantes, which impacts H-2A visa applications.

Since the announcement was made, we have learned that all U.S. consulates in Mexico will implement a protocol to continue processing applications for “returning” H-2A workers, defined as workers with H-2A visas that have expired within the last 12 months, and will prioritize returning workers who are eligible for an interview waiver.

The U.S. Consulate in Tijuana provided the following clarification of their protocol:

As of 11:00 a.m. on Tuesday, March 17, we intend to continue processing H-2A cases but will need to modify our procedures in order to facilitate the social distancing recommended by health authorities.

As of this moment, the U.S. Consulate General Tijuana will prioritize the processing of returning H-2A workers who are eligible for an interview waiver. We will see first-time H-2A applicants this week, but will cancel first-time applicant appointments that have already been scheduled after March 20. We will not cancel any interview waiver appointments, and we will open additional capacity for interview waiver appointments.

As a reminder, returning H-2A workers are applicants whose H-2A visas have expired in the last twelve months and are now applying for the same visa classification and did not require a waiver the last time they applied for a visa. Please do not make interview waiver appointments for first-time applicants or applicants who require an interview every year due to law enforcement or immigration violations. First-time applications will not be processed if they are submitted as returning applicants.

Western Growers understands that while this policy is an important first step, it will not be sufficient to meet the H-2A needs of our members and the broader agriculture industry. We will continue to push the Administration to expand its protocol to provide for an adequate flow of H-2A labor to support our nation’s food supply requirements.

Families First Coronavirus Response Act Goes into Effect April 1

March 26th, 2020

The Families First Coronavirus Response Act (H.R. 6201) was passed rapidly by the House and Senate, and signed into law by President Trump on March 18, 2020. The Act contains an unprecedented response by the federal government to the national health emergency by mandating paid sick time and paid family medical leave to employees impacted by COVID-19. Employers with fewer than 500 employees will have to take immediate action to prepare to comply with the new law which goes into effect on April 1, 2020.

The Act has several components, including (a) paid family and medical leave (PFML), (b) paid sick time (PST), (c) tax credits for PFML and PST, (d) unemployment insurance, (e) medical plan components and (f) several immediate public health-related matters. This article addresses the first two components.

The PFML and PST mandates apply only to private employers with fewer than 500 employees and sunset on December 31, 2020. Tax credits are immediately available to offset costs for covered employers.

Click here for a full analysis of the Families First Coronavirus Response Act.

Calif. DFEH Releases Guidance on COVID-19 Workplace Concerns

March 31st, 2020

Earlier this week, the California Department of Fair Employment and Housing (DFEH) released guidance in the form of answers to Frequently Asked Questions in response to the COVID-19 pandemic.

The FAQ’s provide guidance related to numerous COVID-19 workplace concerns, including:

  • Whether employers may take employees’ temperatures (yes, for the limited purpose of evaluating the risk that employee poses to others in the workplace as a result of COVID-19)
  • How much information an employer may reveal about employees who come in contact with the virus (no personal information to ensure compliance with privacy laws)
  • May employers ask for the reason an employee is absent from work (yes), and whether employers may require employees to wear personal protective equipment (yes, however subject to the reasonable accommodation standards for employees with disabilities such as requiring non-latex gloves)

The DFEH’s guidance also confirms that an employee may use California Family Rights Act (CFRA) leave if the employee is ill with COVID-19 or is caring for a family member with COVID-19. The DFEH’s guidance generally mirrors guidance issued by the federal agencies.

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

Farmers: The Original Environmentalists

March 23rd, 2020

It is a like a sub-plot out of the Netflix television series, Stranger Things, which follows the residents of Hawkins as they battle supernatural forces from the Upside Down, an alternate dimension linked together in a hive mind controlled by the Mind Flayer. In a stranger-than-fiction, real-life drama that is playing out across the country, farmers have inexplicably been cast as Demogorgans, the humanoid predators sent by the Mind Flayer as part of the superorganism’s quest to invade and destroy the Earth.

With increasing intention and intensity, farmers are being vilified by many—including those in the environmental, scientific and policymaking communities—as enemies of our planet, as indiscriminate polluters and wasters of our air, soil and water resources.

However, for anyone who has ever walked a field with a multi-generational family farmer and seen the pride that comes from knowing they are leaving a healthier environment to their children, nothing could be further from the truth.

The fact is: Farmers are the original environmentalists. Farmers have been dedicated land stewards, protecting our open spaces and passing productive ground from one generation to the next, since before the environment was a cause. Farmers take very seriously their responsibility to preserve the natural resources that have been entrusted to their care.

From a purely financial perspective, farmers have an incentive to preserve and improve the soil, water and air that both sustains and increases their livelihood. Businesses that fail to protect their investments do not remain in business long. But the story is much deeper than profit and loss statements.

Simply put: It is in their DNA. Thomas Jefferson recognized this fact, once characterizing farmers as the “chosen people of God… whose breasts He has made His peculiar deposit for substantial and genuine virtue.”

In other words, Jefferson understood that there is a particular ethos ingrained in farmers—based on a shared work ethic, a collective commitment to right conduct and an unyielding sense of stewardship—that, if widely adopted, would ensure the long-term prosperity and happiness of the American people.

While survey after survey confirms that public support for farmers remains resolute, the early confidence expressed by Jefferson seems to have eroded among today’s policymakers. In California, and elsewhere in the U.S., countless legislative and regulatory actions have been taken to limit the freedom of farmers to operate, ranging from reductions in water deliveries to onerous air and water quality mandates to the elimination of crop protection tools.

Perhaps our policymakers would have a different perspective if they spent some time on an actual family farm, if they got to know any one of the thousands of family farmers in California, Arizona, Colorado or New Mexico [or any other state] dedicated to maintaining a sustainable balance between feeding our country and preserving our natural resources.

Perhaps our policymakers would have a different perspective if they ever had a chance to meet the late Marvin Meyers, who passed away in November 2019.

One of California’s biggest almond growers, Meyers was widely recognized for his visionary approach to environmental stewardship, which culminated in the development of the Meyers Water Bank and Wildlife Project near the town of Mendota.

Part working ranch, part groundwater storage facility, part wildlife habitat, the project is also a living laboratory for students to learn about the importance of water to agriculture and the role conservation plays in preserving the future of agriculture.

In 2007, Meyers received California’s top environmental leadership award for his commitment to sustainable agricultural practices.

Perhaps our policymakers would have a different perspective if they were to ever pay a visit to Bowles Farming Company, the Los Banos-based sesquicentennial family farm led by sixth-generation farmer, Cannon Michael.

In inheriting the Bowles Farming Company legacy, Michael has also inherited an appreciation for sustainability, and strives to build his family farm into a model of sustainable agriculture. “Our continued progress is inseparable from the continued health and availability of our natural resources,” he notes.

In practice, the Bowles Farming Company seeks out the best available technology to increase water efficiencies and decrease its carbon footprint, while improving its on-farm wildlife habitat. To grow its habitat footprint, the Bowles Farming Company works diligently to preserve historical ecosystems, restore degraded habitats and improve the ecological functionality of working lands.

One crowning jewel of this effort is the Pick Anderson Riparian Restoration project, which is currently developing habitat for migratory birds and pollinators along an abandoned four-mile stretch of land adjacent to their fields. The Bowles Farming Company also works with conservation partners to actively manage its wetland habitats for the benefit of waterfowl and other migratory birds.

Perhaps our policymakers would have a different perspective if they were to ever set foot on Terranova Ranch, the Helm-based operation managed by the purpose-driven farmer Don Cameron.

At Terranova Ranch, Cameron has pioneered the concept of on-farm water recharge in California. For the past 25 years, Terranova Ranch has been working to recharge its aquifer, the main source of the farm’s irrigation water. In 2011, Cameron landed on a novel solution. He worked with UC Davis researchers on an experiment in which flood water was applied to his farm fields as a means of capturing and storing excess water during the off-season, which would otherwise run out wasted to the ocean.

The results were promising, and the following year Terranova Ranch began a collaboration with the Kings River Conservation District to build additional infrastructure required for the on-farm recharge project. While work is still underway, at full capacity, the project will be able to recharge up to 1,000 acre feet of floodwater per day, and will help the region meet its sustainable groundwater management goals.

Perhaps our policymakers would have a different perspective if they were ever to spend time at Braga Ranch, the heritage of founder Sebastian Braga. Today, the third generation runs the Soledad-based family farm, headed by Rodney Braga.

Braga Ranch operates by a simple motto: “Sustainable agriculture is the foundation of our operations.”

With their sustainability program—which focuses on water, soil, energy and air—Braga Ranch aims to reduce waste and increase efficiency. Through practices such as drip irrigation, crop rotation, cover crops and conservation tillage, Braga Ranch conserves water and maintains air quality standards while nurturing the healthy soils that will provide for the farm for generations to come.

Perhaps our policymakers would have a different perspective if they ever traveled up the road to the Salinas-based D’Arrigo Bros. of California, where John D’Arrigo carries on the Andy Boy legacy.

Driven by the core value of conserving energy and protecting natural resources, D’Arrigo Bros. of California consolidated and centralized its cooling and loading facility to minimize energy and fuel use. In designing its new facility, D’Arrigo Bros. of California considered the distance product traveled from the field to the facility, incorporated energy-efficient materials, equipment and lighting into the construction of the facility, and installed cutting-edge computer systems and other technology aimed at creating efficiencies in the product cooling process.

D’Arrigo Bros. of California also powers its 152,000 sq. ft. cooling and loading facility—and ranch meters —with 5.5 megawatts of electricity generated from solar power. This solar farm, which includes 18,000 panels on 39 acres of land, meets 87 percent of the electrical needs of the facility.

In another demonstration of the company’s commitment to efficient resource use, D’Arrigo Bros. of California also participates in a comprehensive recycling program, with the goal of recycling 100 percent of the recyclable materials used in the growing, packing and shipping of its products, which results in approximately 500 tons of cardboard and plastic being recycled each year.

These stories are just a few of the countless ways Western Growers members farm with the natural world in focus, to steal a line from the Bowles Farming Company’s definition of sustainability. These are exactly the types of stories we all must be dedicated to sharing with the public and our policymakers. With these stories, our message is clear: It is not farming or the environment. It is farming and the environment. We must be committed to pursuing public policies that pave the way for both to thrive in perpetuity.

 

The Next Generation of Food Safety

March 23rd, 2020

“FDA, CDC, and state health authorities are investigating an outbreak of illnesses caused by E. coli O157:H7 in the U.S.”

Despite the U.S. fresh produce industry having implemented the most scientifically-informed and rigorous food safety practices in the world, this is a refrain that has become all too familiar in recent years. The romaine industry has been hit particularly hard as of late.

In early 2018, 210 illnesses in 36 states were traced back to romaine lettuce contaminated with E. coli from the Yuma growing region. Later that year, another 62 E. coli-related illnesses in 17 states were linked to romaine lettuce production, this time in the Santa Maria growing region. In the fall of 2019, one year later, romaine tainted by E. coli was connected to the Salinas growing region, ultimately sickening 167 people in 27 states.

Romaine is far from the only culprit. Over the past several years, Salmonella has been linked to fruit mixes, papayas, vegetable trays, pre-cut melons and sprouts. Hepatitis A has been connected to blackberries and frozen strawberries.

In each of these events, we are reminded that the responsibility for food safety is not just limited to a few commodities but, rather, is the collective responsibility of the entire fresh produce industry, and is an obligation that extends throughout the supply chain.

Following the E. coli outbreak in the fall of 2018, FDA called on the leafy greens supply chain to adopt several recommendations aimed at enhancing the safety of leafy greens, with a particular emphasis on traceability. These recommendations have tremendous applicability to the broader fresh produce industry, as well.

Specifically, “FDA strongly encourages the entire leafy greens supply chain to adopt traceability best practices and state-of-the-art technology to assure quick, accurate and easy access to key data elements from farm to fork when leafy greens are involved in a potential recall or outbreak.”

While this may already be happening in certain segments of the industry, we must endeavor to make the adoption of real-time food safety documentation and supply chain-wide traceability technology universal. By and large, we remain an audit and checklist-driven industry. Most of the data we collect still resides in hard copy form, which limits our ability to examine trends or develop key metrics that allow us or our supply chain partners to monitor performance. Furthermore, in a recall event, we are slow to react because we become mired in record searches that are reliant on many parties and often paper records. The consequences can be catastrophic, both in terms of public health and financial exposure.

This is where Western Growers excels; identifying the existential threats to our industry and developing innovative, cost-effective solutions to ensure our members are able to continue farming into the next generation. The risks related to food safety certainly qualify.

Western Growers has developed an industry-driven, comprehensive food safety and traceability system—intended to be adopted by each partner in the supply chain—designed to limit both foodborne illnesses and liability. Simply put, it will deliver a best-in-class supply chain program with commercial products that consist of three interrelated components: food safety, traceability and financial protection.

Food Safety

The first task is to minimize the risks of contamination, which requires adherence to good food safety practices—which, in turn, requires verification and documentation. To achieve this task, we have leveraged proven and vetted technology to capture real-time food safety data collected in the field. Using this data, the technology allows for mutually agreed upon risk-based metrics to be shared between buyers and sellers up and down the supply chain, giving real-time visibility to compliance and corrective actions.

Traceability

The second step is to deliver traceability from the field to the end consumer, which is accomplished through Produce Traceability Initiative (PTI) solutions that provide simple-to-use software to print case labels, and support all workflows, from the shed to the line to the field. It can also provide item level traceability using QR codes that enable consumers to find real-time food safety or other product information, while offering traceback and forward to immediately narrow an investigation or recall. This technology can readily integrate with blockchain for full supply chain visibility.

Financial Protection

The third leg of the program stool is financial protection that will allow the affected parties to recover from a contamination event. In such an event, participating operations will have access to top-of-the-line crisis management, legal counsel and claim adjudication teams. The insurance policy, which is provided by Western Growers Insurance Services (WGIS), will provide participating operations with funds for business interruption, brand restoration, product refusal and third party expenses. Because of the food safety and traceability components of this solution, the risks can be aggressively priced based on verified practices, thereby reducing the premiums and creating the option of pooling the risks in a captive or alternative structure.

Data Collection and Analysis

One final potential benefit is the opportunity to build anonymous, aggregated data subsets for use by Western Growers to address member issues and inform policy development. The food safety systems of the future will be driven by data, which will enhance preventive controls in the field, help the supply chain identify trends, and ultimately lead us to a predictive state where we can identify and mitigate contamination events before they happen. This will require that data be collected and transferred in real time, and will require systems that are integrated. The Western Growers solution will lead the way.

Western Growers, working with best-in-class technology providers, is currently testing this solution in a small supply chain in order to ensure that it can be easily integrated into any member operation. We will soon make this platform widely available and encourage those interested in the next generation of food safety to contact us for more information or to become one of our early adopters.

Water Issues Top the Charts

March 23rd, 2020

Member Profile: Mark Borba

President

Borba Farms Inc.

Riverdale, CA

Member Since 2006

It was in the early 1900s that Mark Borba’s ancestors started working the land, near Hardwick in the San Joaquin Valley. His grandparents were dairy farmers. After World War II, the Borba family began to rethink the economics of dairy farming and set their sights on row crops. “The first thing they started with was cotton,” said Mark, adding that cotton was grown by the family for more than 70 years.

The transition to row crops in the late 1940s was indicative of the farming philosophy that has driven the Borba family for more than seven decades. A discussion with Mark reveals that economics has always played the most important role as crop decisions are made year in and year out. Many of those decisions have been driven by market price, but increasingly it is the availability of water that informs the discussion.

It was in the late ‘40s that Mark’s parents, Ross and Tina, and his uncle, Darril, started their own operation called Borba Brothers Farms. For 35-plus years, they grew a variety of row crops, with cotton always being one of the mainstays.

In the meantime, young Mark grew up on the farm and always knew it would be his future. He went to college at the University of California, Davis majoring in agricultural economics and business management with a minor in agronomy. College not only yielded a great foundation for his farming life, but also gave him a partner for the journey. “I got married in 1971 when I was a sophomore at Davis. I told my wife, if she would work and put me through college, we would settle down and raise a family together…just like ‘The Waltons’.” And, Peggy and Mark have been married ever since, celebrating 48 years this past September.

Armed with that degree, Mark did come back to the farm in 1974 to work with the rest of his family, which included his older brother, Ross Jr. In 1975, Ross Sr. had a severe heart attack that required a quadruple bypass. The elder Borba recovered but running a high-stress farming operation was no longer in the cards.

In 1976, Mark and Ross Jr. teamed up to created Borba Farms Inc. and continue the family tradition. For the next 30-plus years, the second generation of Borba brothers made their living growing row crops. Ross Jr., who graduated from Healds College with a degree in accounting, handled the finance and legal end of the business, while Mark took care of the farming.

The brothers continued along the same diversity path that their father and uncle followed. Mark noted that in the 1960s, the family operation moved to the Westside and started diversifying into other row crops, including sugar beets, barley and processing tomatoes. In the late 1960s, Borba Brothers bought a mechanical tomato harvester, when they were still the new thing, and began offering harvesting services to other growers, in addition to harvesting their new tomato acreage. That expansion of the business continues to this day as Borba Farms grows about 2600 of its own acres and manages an additional 7500 acres for other growers.

Diversity has continued to be a hallmark of the organization. The farming operation is now involved in almonds, pistachios, processing tomatoes, garlic, onions, garbanzo beans, melons and lettuce as well as rotation crops. “And for the first time ever, no cotton,” Mark said.

His story about the family’s cotton journey is emblematic of the calculations necessary for any successful farming entity. To compete with other lower-cost cotton-producing regions around the country, Borba Farms always grew ACALA cotton, a premium product unique to California’s San Joaquin Valley. It was always considered the highest Upland cotton in the world and did return a premium. “That premium started to evaporate, so in the early ‘90s we switched to Pima cotton.”

Pima cotton produces long, fine and strong cotton fibers that result in an ultra-soft fabric. “We always received quite a premium for Pima cotton,” Borba said, noting that while regular cotton would return about 70-80 cents per pound, Pima would return up to $1.30 per pound.

But the cotton market and the high cost of production has made cotton a risky proposition this year. Borba says he remains open to planting it again down the road, but it has to pencil out, and at today’s market…it doesn’t.

Mark and his brother ran the operation together until 2007. At that point, Ross decided to step away from the day-to-day operation and farming risks and only remain involved as a landlord. He still comes into the office most days and handles some of the accounting and legal work, but has backed away from some of the headaches involved in being a farmer in California.

And those headaches are many. Mark runs down a litany of government-created issues that make farming difficult. He is especially apoplectic about the water situation. “The cost of water has made it uneconomic to grow most row crops,” he said, using cotton as his first example. “It takes us 2.25-acre feet of water under drip irrigation to grow cotton. That used to cost $7.50 per acre foot.”

And they used to get all that water from their Central Valley Project contracted water allocation. Borba Farms no longer gets its full contracted amount. In fact, over the last couple of decades, its water delivery has averaged out to be only 37 percent of its allocation and the cost to accumulate sufficient seasonal water has ranged historically between $85 and $1,300 per acre foot! The growing operation must supplement that water with well water, with wells costing $850,000 to $1.2 million each to install, and energy costs alone at $165-$250 per acre foot. For budgeting purposes, Borba uses a blended $250 per acre foot to determine if a crop makes economic sense. Few do.

If a solution isn’t forthcoming, he said row crop farming will disappear from the San Joaquin Valley. He noted that Gilroy is no longer the garlic capital of the world. That designation should go to the Five Points/Huron area in the San Joaquin Valley. But Borba said the cost of producing garlic versus the price received currently doesn’t pencil out. “Agronomically, you can only grow garlic on a piece of ground in one year out of four,” he said, stating that if you are going to be a garlic grower, you have to devote a lot of land to the project.

Turning his attention to processing tomatoes, he revealed that by most measures, Borba Farms had a very good year in 2019. “We produced 55 tons to the acre and received $73 per ton,” he said, noting that both of those numbers would have been very credible not that long ago. “But we had red ink, with no return to cover fixed costs like land rents, property taxes, insurance, legal and accounting, management, and interest on debt! We have to get over $80 (per ton) this year and the processors are saying they can’t afford it.”

Borba said the result is that more and more land is being bought up by large conglomerates, who are putting in permanent crop, such as nuts and wine grapes. Those crops have a better chance of penciling out and the land itself is the investment these financial companies are looking for.

That is a silver lining for agricultural landowners as the value of the land continues to climb. There is open farmland on the Westside of the San Joaquin Valley selling for $10,000 per acre, which is more than 300 percent greater than a couple of decades ago. “My brother keeps asking me what I am waiting for,” Mark quipped.

But Borba cautions that once the land is planted in permanent crops or developed for non-agricultural use, it is lost to agriculture for a long time, if not forever.

He hopes that California’s government officials will see the light and recognize that growing crops is an important part of the state’s fabric. He pines for the day when farmers and their pursuit to feed the nation trumps the latest crisis cooked up by activists. He fears that SGMA (the Sustainable Groundwater Management Act) could be “strike three” as it further reduces the water farmers have available.

Borba Farms has already switched its acreage to 100 percent drip irrigation and uses about half the water per acre that it once did. But, crops have to grow, and while technology can offer efficiencies, the crops’ required consumptive use of water is not replaceable.

Despite it all, Mark Borba does remain an eternal optimist (“probably to a fault”) and is delighted his son Derek has joined the operation and is poised to carry on the family legacy. But, he admits that Derek is wary of the future and not as optimistic about the long-term prognosis for California agriculture. “He is deeply concerned about the economics of agriculture,” Mark said. “My son is tech-savvy and is keeping one foot in that arena.”

Mark and Peggy continue to love the farming life and on the day of this interview, they could be found driving the backroads of the San Joaquin Valley enjoying the peace that farming the land brings. For fun, the couple loves to hang with their four grandchildren and are very fond of visiting California’s Central Coast.

“I believe my wife was a mermaid in an earlier life,” Mark joked.

Microgrids: Shifting to More Reliable Energy

March 23rd, 2020

In the fresh produce industry, reliable energy is essential to running an operation and maintaining the integrity of the product. With storm-related power outages and public safety power shut-offs plaguing California and contributing to significant damages among agricultural businesses, the industry is beginning to explore alternative energy options.

In the traditional utility structure, the power grid is centered around population hubs. As you get further away from these city centers, the infrastructure begins to taper, which is significant for California growers who often operate on the edge of these centralized power grids. Consequently, the quality and stability of energy can oftentimes be unpredictable in rural communities.

When adding unforeseen power outages to the equation—in particular, during harvest season—it can be difficult for growers to plan their production and preserve the fruits of their labor accordingly, and the economic impact can be devastating. Unlike other businesses that can simply make up their work at a later date, the timing of cultivation practices and harvest is everything for fresh produce operation; there are crops to irrigate and harvest and coolers to keep cold.

In addition to the disruption-related costs of power outages, the cost of energy itself is on the rise. Over the past several years, energy costs have risen by as much as 20 percent in some agricultural areas, forcing growers to explore innovative ways to achieve power independence.

One concept that has emerged to help farmers gain this energy independence is microgrids—intelligent, renewable and localized electricity sources that have the capability to disconnect from traditional grids to operate autonomously. Microgrids incorporate renewable energy sources and serve as a reliable way to achieve operational resilience and economic certainty.

“Because they can operate while the main grid is down, microgrids help mitigate disturbances. Microgrids utilize intermittent renewable generation—like wind and solar—as well as dispatchable resources like cogeneration and batteries,” stated Concentric Power’s CEO and founder Brian Curtis.

Curtis further explained that microgrids are controlled by integrated software and hardware technologies that manage the power sources and distribute the energy to the power users according to their needs. Microgrids also use artificial intelligence and machine learning to identify ways to achieve better results and manage assets.

“Working together, the microgrid’s resources are greater than the sum of its parts, driving system performance to a level of efficiency and economic benefit none could do alone,” Curtis pointed out. Ultimately, microgrids allow farmers and ranchers to have more control over their power systems and operations when their existing utility service is inefficient.

Coming off 20 years of energy engineering experience, Curtis founded Concentric Power, an intelligent microgrid developer focused on providing energy solutions to California’s agriculture industry. His mission is to assist customers in building clean power infrastructure that allow them to keep the lights on independent of the main power grid, while reducing carbon emissions and optimizing energy efficiency.

Concentric Power teamed up with the Western Growers Center for Innovation and Technology (WGCIT) in January 2020 to co-host the Salinas Valley Energy Forum, which brought together an expert panel of energy developers, government agencies and solution providers to discuss the unreliable energy challenges facing agricultural operations along the 101 corridor. With questionable power quality and potentially a decade of PG&E power shut offs ahead, the forum offered insight on how Salinas Valley agriculture can avoid major disruptions to their businesses, all while saving money and meeting sustainability goals.

First up on the docket was Curtis, who kicked off the panel discussion with a synopsis of macro-trends in energy usage by Salinas Valley growers, coolers and processors. Gonzales City Manager Rene Mendez followed up with the microgrid solutions being developed by his city.

Next, Norm Groot, executive director of the Monterey County Farm Bureau, Vice President Gregg Morasca of Strategic Customers at Schneider Electric, and Rick Sturtevant, California State Energy Coordinator with the U.S. Department of Agriculture rounded out the panel discussion, which centered on the complexities of getting off the grid.

The Salinas Valley Energy Forum was an important early step in driving forward the conversation around developing reliable, sustainable energy solutions in agriculture. Beyond the Salinas Valley, Western Growers members in every region will be forced to grapple with the increasing need to become more energy independent, which is part and parcel of the overarching trend toward renewable energy sources. Microgrids will invariably be part of the answer.

Proving our Environmental Case

March 23rd, 2020

Miriam-Webster defines “environmentalist” as an advocate of the preservation, restoration, or improvement of the natural environment or one concerned about the complex of physical, chemical, and biotic factors (such as climate, soil, water, air and living things) that act upon an organism or an ecological community and ultimately determine its form and survival. Especially with respect to the control of pollution.

Farmers claim to be the “original environmentalists” and in my three decades of service to the agricultural industry I have often heard that claim, in many settings and from many people. It is a common theme in agricultural discussions (and the theme of this issue of Western Grower & Shipper), particularly when the conversations turn toward policy proposals that will restrict a farm’s activity to achieve some environmental goal or another.

But the claim is not frequently recognized by those in a position to regulate agriculture whether they be from government, the marketplace (buyers) or the NGO (non-profit, non-government organization) community. These days, it takes immutable data to prove the case that farmers are practicing environmentalists and that as an industry we are preserving, restoring and improving our natural surroundings.

Unfortunately, it is seldom the case when the industry can step forward with quantitative data that demonstrates environmental performance, improvements, progress, etc. Representatives of the industry continue to lead with anecdotal information—like “farmers don’t apply too much (pick your input—water, pesticide, fertilizer, etc) because it is too costly” or “farmers control (pick your input—water, pesticide, fertilizer, etc.) through technology (pick your technology—drip irrigation, electrostatic sprayers, timed release fertilizers, etc.)” or “we are a (pick your generation) 4th generation farming operation and are obviously taking care of our environment.” Our failure to prove our case seems to spawn more and more top down control (read increased cost and reduced flexibility) and greater interest in “sustainable,” “regenerative,” “indoor” and other agricultural systems.

This is precisely why Western Growers has been working with a small group of dedicated organizations for the past decade to develop a system of performance indicators that will allow industry to quantitatively demonstrate environmental performance. The Stewardship Index for Specialty Crops (SISC), consisting of growers, grower groups, NGOs and buyers, is slowly but surely publishing metrics that will provide a common language to demonstrate (document and prove) “environmentalism.”

These metrics established by SISC are now being adopted more broadly by buyers and others as a means of communicating “environmentalism” throughout the supply chain, and they are beginning to be recognized by regulators as meaningful methods to demonstrate performance. Today there are metrics for applied water use, habitat and biodiversity, energy use, nitrogen use, phosphorus use, soil organic matter and simple irrigation efficiency. Each is an important environmental consideration. The metrics establish a common language for measurement and allow for industry to document where they are today, how they are improving and to tell their story with hard data that cannot be disputed. This pays dividends to growers both in the marketplace and in the regulatory arena and, when complemented by a data aggregation and shared, can empower your advocates to push back on draconian and top down requirements.

This is the crux of Western Growers interest. First and foremost, we wish to equip growers with tools and methods that will assist them to document, benchmark, improve and communicate their performance. In early tests, member companies who have piloted the metrics have identified operational efficiencies that have led to decreased costs of production. One example is a recent conversation with a company representative who was trialing a simple irrigation efficiency metric. Through its use, the company identified a potential 30 percent savings in water that could be gained within the operation, translating into both water and energy savings.

Individual operators who measure quantitatively can gain insights into where opportunities exist to optimize and gain efficiency (save money). In that discussion, we also talked about the costs associated with collecting the information, which requires technology and people. These costs are not insignificant and are the next piece of the puzzle your association is working on.

How can we reduce those costs? One way to reduce data collection costs is to roll out tools to record information and provide analysis to growers. Western Growers has recently engaged Supply Shift to provide a free online tool to growers to confidentially record SISC metrics and receive feedback on performance. While there is individual benefit, some of the most powerful value will only come through aggregated data shared through a trusted source. The Western Growers sponsorship of the Supply Shift tool allows us to anonymously collect data and reflect it in meaningful ways to member companies and to communicate industry wide progress and performance. This empowers Western Growers to advocate with real data in forums like the Irrigated Lands Regulatory Program. It affords us an opportunity to sing the praises of the industry’s environmentalism and it backs up with immutable data our claim that growers are environmentalists.

I urge WG members to reach out and actively engage with Western Growers, Supply Shift and the Stewardship Index for Specialty Crops. I believe growers have a great positive impact on the environment and together we can prove it.

Concept Clean Energy Targets Solar Solutions

March 23rd, 2020

The solar industry has progressed tremendously since Concept Clean Energy Vice President Ryan Park entered the space almost two decades ago. Prices for solar panels have dropped significantly, efficiency has improved tremendously, and the technology continues to advance year after year.

“We are now providing targeted solutions for the challenges growers and shippers have, Park said.

He said the company has developed new products—such as the Solar Tub and PowerShingle—that address specific challenges and allow an operation multiple opportunities to reduce its reliance on the public power grid, and even move toward becoming energy self-sufficient, or at least be able to operate in times of power outages or controlled shutdowns. In short, Park reiterated that the solar business has moved toward being solution focused rather than just placing panels on the roof of a packing shed or removing crops to facilitate an installation.

He illustrated the company’s advances by discussing a couple of their newest products. He called the PowerShingle an innovative system that features waterproof panels that serve as the roof itself. The panels lock together allowing any shed on a ranch to become a solar energy provider. He said Concept Clean Energy can take a standard steel building and turn it into a solar system for a relatively inexpensive cost…with 30 percent of that cost offset with a tax credit and the rest being able to be written off in one year.

He added that the PowerShingle system can be combined with gas generators and batteries to achieve grid and energy independence. That has become increasingly important as controlled power shutoffs have become commonplace.

The Solar Tub is another Concept Clean Energy innovation that allows for easy installation. Park explained that the stand-alone unit is akin to a free-standing basketball hoop attached to a base that is filled with water for stability. The Solar Tub is basically the base that attaches to the panel. It is built of a high-strength, non-corrosive material that has been engineered to withstand 100 mph winds. The Solar Tub creates somewhat of a portable installation that allows systems to fit in very small spaces.

“The days of pulling out acreage for a solar installation are over,” said Park. “You can use corner slivers or place them in unused areas in your yard.”

The Solar Tubs can also be created as floating panels that can reside on a farm’s reservoir.

Park said both of these new products have been designed to allow growers and packers to take open land within their workspace to create a solar installation and help “zero-out” their energy bill. “The development of clean energy continues to move forward and is now more affordable and easier than ever,” he said.

Park noted that the company recently did a Solar Tub installation of 2150 panels that provided a 600 kW system for the user. “We used 10 of their guys, four of our guys and an electrician and installed it in four days.”

He added that the panels themselves are more efficient, even to the point that some collect solar power from the underside capturing the reflected light off the ground. Because of the increased efficiency of the systems and the lower cost of installation, the Concept Clean Energy team is convinced that utilization in the ag space is going to accelerate quickly in both the short and long term. He added that financing solar installations is also becoming easier, removing another past impediment for some operations.

Park said Concept Clean Energy has become an advocate and a sponsor of the Western Growers Center for Innovation & Technology because it wants to help move the industry forward as it considers and adopts new technology.

 

Legislator Profile: U.S. Congressman Salud Carbajal — The Farmworker, The Public Servant

March 23rd, 2020

Editor’s note: Congressman Salud Carbajal represents the 24th Congressional District of California. The 24th Congressional District includes the entirety of San Luis Obispo and Santa Barbara counties, and a portion of Ventura County.

Congressman Salud Carbajal’s father was a part of the Bracero Program, which brought millions of Mexican guest workers to the United States, primarily on agricultural labor contracts, during the 1950s and 1960s. Carbajal’s family migrated from Mexico to Arizona where his father first worked in an underground copper mine. During Carbajal’s sixth grade school year, the copper mine closed down and prompted the family to relocate to Oxnard, Calif.

While in Oxnard, his father worked as a farmworker. Carbajal vividly remembers working alongside his father in the fields during his summer vacations, which transformed his perspective on the agriculture industry.

“That was when I first understood, from the farmworker’s perspective, the hard work that farm work entails,” the congressman observed while reminiscing about his childhood.

Following high school graduation, Carbajal attended the University of California Santa Barbara where he joined the United States Marine Corps Reserve. From there, he served as the Chief of Staff for Santa Barbara County Supervisor Naomi Schwartz before deciding to run for a seat himself, which he won in 2004.

As his professional path evolved, public service became a noticeable trend within his career choices. Having served in the Marine Corps and in local office, the foundation of his commitment to public service was formed. In 2016, Carbajal won the race for California’s 24th Congressional District.

Now entering his fourth year in Congress, he has has demonstrated an ongoing commitment to addressing agriculture’s most pressing issues.

“My background is unique in that I understand what the farmworker experience is like, but then became a county supervisor later on in life, which has allowed me to go full circle in understanding the public policy issues facing agriculture in our local communities, our state and our nation,” he noted.

During his time in Congress, the congressman has focused on addressing the workforce shortage in agriculture, and was one of the bipartisan co-sponsors of the Farm Workforce Modernization Act, which passed the House in December of 2019.

In supporting the bill, Carbajal stated, “I have heard countless times from producers about the devastating labor shortage that stems from our broken immigration system. This groundbreaking bipartisan bill creates a lasting solution by providing earned legal status for our existing agricultural workforce, and modernizing the guest worker program to ensure long term industry sustainability that supports farmworkers and growers alike.”

Likewise, Carbajal understands the importance of trade to the agriculture industry, and has worked to bring trade deals like the U.S.-Mexico-Canada Agreement across the finish line. He also lists transportation and infrastructure as priority issues, and has worked to direct federal tax dollars toward supporting local infrastructure projects.

Given that he was raised in the agriculture community alongside farmworkers, Carbajal values his ties with many local family farmers today. He has forged positive relationships with many Western Growers (WG) members, including WG Chairman Ryan Talley of Talley Farms in Arroyo Grande, former WG Chairman Craig Reade of Bonipak Produce in Santa Maria, John Jackson of Beachside Produce in Nipomo and George Adam of Innovative Produce in Santa Maria, to name a few.

He proudly boasts that agriculture is the number one industry in his district, which, at $2.6 billion, ranks as the 3rd-highest crop producing congressional district in California, and the 15th-highest crop producing congressional district in the country.

Although agriculture was a large portion of his childhood, Carbajal has gained an even greater level of understanding of the industry since serving in Congress.

“First, I learned about the diversity in farming across the United States,” Carbajal shared. He would go on to deepen his knowledge of the unique needs of California farmers, and the specific needs of Central Coast fresh produce growers.

Carbajal applied this broader perspective to his efforts on the 2018 Farm Bill, where he pushed for funding for mechanization, research and crop insurance programs that benefit the specialty crop industry. Furthermore, Carbajal is proud of his efforts to maintain important nutritional programs for the most vulnerable Americans in the form of the Supplemental Nutrition Assistance Program.

Beyond his focus on agriculture, Carbajal is passionate about the environment, and counts environmental preservation and energy efficiency as policy priorities. As an example of his dedication to conservation, he shepherded his Central Coast Heritage Protection Act through the U.S. House of Representatives. This bill, which passed the House in February 2020, would designate 250,000 acres of land in Los Padres National Forest and Carrizo Plain National Monument as protected wilderness areas.

Upon passage of his bill, which is now in the Senate, Carbajal stated, “Our district is the most beautiful in the nation—we must do all we can to preserve the ecosystems that make our Central Coast so special…I will continue working to elevate public lands and public safety along our Central Coast.”

After spending a long week on Capitol Hill, Carbajal seizes any opportunity to spend quality time with his wife, children and grandchildren. “I find they are my motivation to continue my good work,” he exclaimed.

He also recognizes that, as a politician, there is little down time. When he returns home to his district, Carbajal finds time to meet with his constituents and local organizations.

“I’m trying to be the best listener and best representative for the Central Coast,” he states. “I am attempting to balance competing interests to achieve win-win results for my constituents, because that is my purpose here.”

California’s Air Quality Goals

March 23rd, 2020

California is renowned for its focus, some would say obsession, on climate change and the many laws and regulations that continue to be enacted in order to limit or reduce the emittance of greenhouse gases and other pollutants into the atmosphere.

This is not to say that air quality is not important; it is. In fact, Western Growers and other agricultural organizations have been very supportive of the Funding Agricultural Replacement Measures for Emission Reductions Program (FARMER). FARMER is an incentive program that matches private investment and public grant money to fund the replacement of older/higher emitting trucks, harvesters, agricultural irrigation pumps, and other agricultural equipment with newer equipment that have much lower emissions. This is an important program because it is voluntary and emissions are reduced immediately. However, the challenges that lie ahead in reaching California’s ever-expanding air quality goals are becoming quite apparent and the real-world impact on agriculture is coming into clearer focus.

Current law requires that California reduce greenhouse gas emissions to 40 percent below 1990 levels by 2030. Additionally, the state is aggressively implementing a carbon neutrality goal for 2045. To meet these goals, the California Air Resources Board (CARB) has been considering new regulations that target the electrification of vehicles. In fact, CARB has determined that the 2045 carbon neutrality goal will only be attained if all vehicles are zero-emission by 2045.

What does that mean? It may be easy to say, but it’s hard to overstate the ramifications of implementing this across the board. CARB is currently considering two potential regulations that highlight zero emissions strategies.

The first is an updated regulation on Transportation Refrigeration Units (TRUs). CARB wants to eliminate the emission of diesel exhaust from these units and is reviewing the available technology and associated infrastructure requirements in order to implement a regulation that would mandate the transition of the TRU fleet from diesel power to a zero–emission fuel—most likely battery/electric. The second potential regulatory concept is the Advanced Clean Truck regulation. This regulation would be a first of its kind mandate on truck manufacturers that would require them to manufacture and offer for sale a percentage of zero-emission vehicles. The percentage sales requirement would initially start low but would ramp up significantly the closer we get to 2045.

These regulatory concepts may be well intentioned, but it is clear too little thought has been given to what implementation of these regulations would mean for Californians and for agriculture. There are serious questions that must be resolved beyond just the cost and technology issues. Moving to a zero-emission transportation economy requires a stable and predictable electrical grid. We’ve seen all too often within the past several years how unreliable our grid is. Public Safety Power Shutoffs (PSPS) events are becoming more common as utilities struggle with maintaining the balance of delivering power in a safe way while avoiding the potential for catastrophic wildfires.

What happens if food rots at the processing facility because TRU units are not able to operate due to a PSPS event? How many chargers must be available at the facility for the TRU and/or truck to be plugged in? What does it mean for our food system if trucks have to be plugged in for a 6- to 10-hour charge in order to be capable of making food deliveries? What are the safety risks inherent to employees due to operating these high-voltage plug-ins? Utilities and companies will also need ample lead time to determine how to re-design their facilities, attain the proper permits, and complete the electrification upgrades that will be necessary in order to meet these goals.

Western Growers has been actively participating in these regulatory discussions with CARB to ensure that agriculture’s concerns are being heard and addressed. Our industry is unique and often misunderstood. Our members provide an essential service: food. Essential services, much like emergency services, must be able to rely on stable infrastructure. Questions around food quality, food safety and food security need to be considered as we continue forward on this path to implement California’s air quality mandates. Western Growers staff is always available to answer any questions that you may have.

Trade, Trade and Trade Again

March 23rd, 2020

It has been an incredibly busy few months for international trade here in Washington and Western Growers has been right in the middle of it all. Let me start by talking about the United States-Mexico and Canada Agreement (USMCA), which, as you all know, replaced NAFTA (North American Free Trade Agreement).

The USMCA was signed into law recently and while that trade pact’s biggest victory for our sector was getting trade back to normal and reducing the uncertainty that trade conflicts with Mexico and Canada had created, there were improvements around labor that we pushed for and are beneficial. When the USMCA negotiations started, we advocated for changes with regard to Mexican labor. In the labor chapter, Mexico agreed to tighten its laws concerning child labor, as well as migrant labor, to prevent abuses. In addition, Mexico also agreed to allow more unionization. These changes will promote better working conditions and higher wages for Mexican workers, which will at least start to create fairer competition with the United States. When the negotiations concluded in May, but before Congress had passed the bill, WG board member, Albert Keck, participated in a ceremony at the White House with President Trump praising the agreement.

In October, then-Western Growers President Tom Nassif also participated in an event at the White House concerning phase one of the US-Japan trade agreement. For years, Western Growers has been pushing to secure enhanced tariff access for fruits and vegetables into Japan. Phase one of the US-Japan trade agreement does much of what we have asked for. As such, we are happy with what the administration has been able to secure with the Japanese, but we continue to be active since there will be a phase two of this agreement. In phase two, Western Growers will concentrate on technical barriers to trade that Japan has been using to block entry of agricultural products for decades. Apples and potatoes, for example, have been fighting for years to gain entry into Japan, but have been blocked by these non-scientific trade barriers. These barriers are Western Growers’ number one priority for Japan going forward and we are working with and helping to organize other trade associations to tackle them. While we obviously acknowledge that every country has the right to keep out pest and disease, we believe that the Japanese system needs to be reformed to ensure that it conforms with modern scientific standards and is not used to block U.S. exports.

Finally, last month Western Growers Chairman Ryan Talley was at the White House during the signing of the US-China phase one trade deal. Under the phase one agreement, China is committed to returning to and then significantly surpassing the volume of agricultural purchases that it made before the trade war started in 2017. Indeed, China is supposed to purchase roughly double what they were buying in 2017.

While we are hopeful, and expect, that fruit and vegetable purchases will return to normal and then increase as a result of this agreement, neither China nor the US government have provided details concerning the volume of purchases for any individual crop. As such there are questions about this deal going forward, and Beijing has a history of backsliding on such pledges.

Beyond these practical questions, the Trump Administration agreed not to impose additional tariffs in December on roughly $160 billion in Chinese imports—including popular consumer items such as cellphones and laptops—as part of the phase one agreement. Yet steep 25 percent tariffs remain in place on much of what the United States buys from China, while Chinese tariffs remain in place on American exports.

Why were all these tariffs left in place? Each country wants to create or maintain leverage on the other as phase two negotiations get underway. The phase one China deal leaves many U.S. strategic goals out, including addressing the Chinese government’s enormous subsidies to state-owned enterprises. The phase two negotiations promise to be very difficult. While Western Growers is pleased with returning trade to normal, which we hope phase one signifies, we continue working to answer some of these practical questions. As an example, we are organizing a visit to the Chinese Washington, D.C. embassy for all interested fruit and vegetable associations to ask the Chinese government how they plan to implement their trade purchase commitments. Since Chinese tariffs remain in place, do they intend to grant blanket exemptions? Do they intend to have state-owned trading companies buy products under waiver? Basically, we will be asking how will our products get into China.

It has been a very busy year, especially the last few months, concerning trade. We look forward to serving you in the months ahead on the topic.

A Little Knowledge Can Prove Big Savings

March 23rd, 2020

Employers and employees have a common goal when it comes to health care, and that’s to save money. Most employers are seeing a rising cost of health care, which ultimately and unfortunately gets passed on to their employees. Many employers implement programs to reduce costs for all parties, which can include health and wellness and care management programs. However, employers tend to overlook something as simple as education when it comes to lowering costs of health care.

It may not come as a surprise to learn than an estimated 33 percent of employees don’t understand or know how to utilize their health care coverage, according to Maestro Health, an employee health and benefits company. Going even further, the research found that employers aren’t doing enough to educate their employees about their benefits.

A 2018 Policygenius poll showed that the majority of Americans’ inability to understand basic health insurance terms is the major cause for not fully understanding their benefits package. For example, only 50 percent of Americans can correctly identify what a deductible is; 22 percent understand how coinsurance works; 52 percent understand what a co-pay is; and 42 percent have an understanding of what an out-of-pocket maximum is.

There’s no denying that there’s a connection between employee health care literacy and increasing costs to employers. Employees feel better about their benefit plans and use them correctly when they fully understand the details of their coverage. They are also able to stay healthier, avoid unnecessary trips to the emergency room, and better manage their chronic conditions.

At WGAT, we build relationships and establish trust with our plan participants, providing on-site support and health benefits education. All WGAT plan participants have access to our bilingual team of field service representatives. The role of our on-site representatives is to elevate and empower plan participants and assist them with any questions they may have regarding open enrollment, explanation of benefits, claims, and more. We also make onsite educational visits to promote healthy behaviors and help lower the risk of chronic diseases and other health conditions.

What are other ways employers can fix the problem and help their employees understand and make the most of their health plans? Let’s name a few.

  • Make a list of in-network providers. Additionally, you should make sure you keep a list readily available upon request. Educate employees on how to find and use providers who are in-network, and how they can find a provider in instances when they’re out of town. WGAT partners with Anthem, which offers some of the best negotiated rates. This means employees pay less for claims. If clients have employees or dependents outside of California or Arizona or are traveling outside of these states, they are still covered. They will have health care coverage through the First Health Network for non-emergency care. This will help mitigate out-of-network claims and higher out-of-pocket costs.
     
  • Remind employees that in non-life threatening situations, they can use Urgent Care or telehealth services instead of going to the emergency room. Emergency room visits can become extremely costly and, in many instances, can be avoided completely. If an employee can’t get to a doctor or aren’t sure if they need to go—and if it’s not an emergency—they should make an appointment with their physician. Plus, it’s important for them to build a relationship with their family doctor or specialist so they’ll have someone they know and trust. For members of WGAT, telemedicine program Doctor on Demand is available for all plan participants. This program is an added benefit to their health plan and is less expensive than a normal doctor’s visit. WGAT also operates Cedar Health and Wellness Centers for the communities in Salinas, Watsonville, Santa Maria and Oxnard. These centers provide general and family practice services (primary care and preventive services) in rural areas at a low cost. The clinics offer deep discounts for regular office visits and convenient access to prescription medications. Bilingual providers and extended hours are available to accommodate the needs of the workforce.
     
  • Remind employees of the availability of any possible Care Management programs for chronic conditions and wellness services. Productivity losses from missed work due to poor health care and preventable chronic conditions cost employers $225.8 billion, or $1,685 per employee, each year, according to the Centers for Disease Control and Prevention (CDC). All WGAT plans have access to our Pinnacle Health Management program. Conditions offered under the program include asthma, diabetes, hypertension, hyperlipidemia (high cholesterol), weight management and depression. Our add-on programs include a Mom-to-Be Program, which supports expectant moms during pregnancy, delivery and post-natal care, and our Nicotine Cessation Program to assist participants in ending their nicotine dependence. These programs include educational and support materials and monthly coaching sessions from a health care professional.
     
  • Talk about benefits outside of open enrollment. Health care isn’t a once-a-year thing—it’s something that happens year-round. Employees will get sick, and in some instances, bigger issues will arise. By keeping benefits information readily available and in everyone’s mind, employees will make better decisions if there’s an illness or condition that needs to be addressed.
     
  • Communicate the availability of additional tools. Most employees are surprised to learn about additional tools, such as discounts or services that are available through their health plan. If you have an online portal, make sure your employees receive the necessary training so they can navigate it without any problems. For members who have a WGAT plan, they have access to our Healthview portal, which enables them to look up available providers, check their claims status, verify deductible and out-of-pocket maximums, request replacement ID cards, and more.

In addition to these tips, remember that if you have the WGAT plan, your Western Growers Insurance Services account manager can assist you as needed. If you don’t have the WGAT plan but want more information or are interested in purchasing the plan, contact a WGAT sales representative at (800) 333-4WGA.

 

Legal Advocacy: Western Growers Fighting For You

March 23rd, 2020

As a Western Growers member, you belong to a regional association with a national presence that prioritizes advocacy on public policy that directly affects you and your business. Western Growers members are well aware of the tremendous work that WG’s Government Affairs team does on behalf of the specialty crop industry. They work tirelessly before legislative bodies and regulatory agencies to advance the association’s policy priorities on the state and federal level.

However, you may not know about the advocacy that Western Growers’ Legal team undertakes, typically in collaboration with outside counsel and association partners, on important cases being litigated in state and federal courts of appeal. Sometimes that advocacy takes the form of Western Growers intervening as a party to the litigation if we have legal “standing” to do so. More often, we appear as amicus curiae—or a “friend of the court”—to educate the court about the importance of the issues before it to the agricultural industry and to persuade the court to rule in a way that will help, or at least not harm, ag interests. As amicus, we are in a unique position to give the court additional information and perspectives that the parties alone cannot muster due to strict briefing page limits, or being confined to the evidence contained in the trial court’s “record,” or other limitations inherent in appellate procedure.

Employment and Labor Litigation

As you might expect, Western Growers has been active on the employment and labor front of litigation over the years. In fact, Western Growers has filed amicus briefs in many seminal employment and labor law cases decided by the California Supreme Court, including the landmark decisions in Brinker Restaurant Corp. v. Superior Court (clarifying an employer’s duty to provide meal and rest breaks); S.G. Borello & Sons, Inc. v. Dept. of Industrial Relations (creating the multi-factor or economic realities test for determining if a worker is an employee or an independent contractor); and Martinez v. Combs (clarifying the term “employer” and who may be liable in an action to recover unpaid minimum wages).

WG also filed an amicus brief in Hess Collection Winery v. Agricultural Labor Relations Board, the first case to challenge the constitutionality of mandatory interest arbitration (aka “mandatory mediation and conciliation” or “MMC”) between agricultural employers and workers under California Labor Code section 1164.

Nearly 10 years later, Western Growers, joined by California Farm Bureau Federation and Ventura County Agricultural Association, took another crack at the MMC statute, in Gerawan Farming, Inc. v. Agricultural Labor Relations Board. In Gerawan, the United Farm Workers Union was certified as the employees’ bargaining representative in 1992, but after engaging in initial discussions with Gerawan, disappeared from the scene for nearly two decades.

In late 2012, UFW returned and both parties renewed negotiations. A few months later, at UFW’s request, the ALRB ordered the parties to engage in the MMC process. Gerawan challenged the validity of the MMC on both statutory and constitutional grounds and further contended that UFW abandoned the workers and its status as the employees’ bargaining representative as a result of the UFW’s lengthy absence. Western Growers’ amicus brief supported these arguments, and the court of appeal agreed that the MMC statute violated equal protection policies. The court also agreed with Gerawan’s abandonment argument. Finally, the court also expressly agreed with the arguments raised in our amicus brief, concluding that the MMC process constitutes an improper delegation of legislative authority.

However, the UFW sought, and the California Supreme Court granted, review of the lower court’s decision. Once again, we filed an amicus brief in support of the industry. Unfortunately, the California Supreme Court unanimously reversed the lower court’s ruling, holding that the MMC statute is constitutional and statutorily valid, and that an employer may not defend against a union’s MMC request by challenging the union’s certification as bargaining representative on the basis of abandonment.

In yet another chapter in the Gerawan v. ALRB litigation saga, Western Growers and industry partners filed an amicus brief in a case challenging an ALRB ruling which upheld an administrative law judge’s decision that a 2013 petition by a group of Gerawan workers to oust the UFW union was tainted by what the ALJ deemed to be unlawful speech by the employer. The Order found the results of the decertification election held in November 2013 to be invalid.

The brief argued, and the court agreed, that Dan Gerawan’s statements supporting the workers who petitioned the government for a decertification election and for the right to have their ballots counted were protected by the First Amendment’s right to free speech, as well as other First Amendment related arguments. In a unanimous 138-page opinion, the Fifth District Court of Appeal vacated the ALRB’s decision to dismiss the decertification petition and set aside the election of the workers and directed the Board to tally the workers’ ballots that it ordered impounded over four years earlier. Five years after that decertification election, Gerawan‘s employees’ ballots were finally counted, with the result being a resounding vote to oust the union.

Environmental Litigation

Western Growers does not only engage in employment and labor cases; we have advocated on behalf of members in water and other environmental litigation as well. We are engaged in numerous contentious legal battles to defend water quality control board waivers of discharge requirements for irrigated agricultural operations. For example, Western Growers, along with the California Farm Bureau Federation and Grower-Shipper associations, has intervened in several cases filed by Monterey Coastkeeper and other environmental advocates against the State Water Resources Control Board. In two of these cases, Monterey Coastkeeper challenged the order issued by the Central Coast Regional Water Quality Control Board waiving the discharge requirements for irrigated ag operations in the region. As interveners, we were able to secure a partial win on behalf of the industry. Western Growers has also intervened in yet another case brought by Monterey Coastkeeper, this one challenging the Eastern San Joaquin Watershed discharge permit, which is just getting underway.

Last September, Western Growers and a coalition of agricultural associations filed a writ petition challenging the California Fish and Game Commission’s decision to grant candidacy status to four subspecies of bumble bees under the California Endangered Species Act (CESA). The petition contends that insects are not eligible for listing under CESA. Importantly, the California Attorney General’s Office and the California Office of Administrative Law and Department of Fish and Wildlife, also separately concluded that insects cannot be listed.

The environmental groups petitioning for listing the species are asking for changes to a number of agricultural activities to protect the bumble bees. They want:

·    Grazing reduced, which could lead to increased wildfire risk;

·    Pesticide and herbicide use restricted;

·    Limits put on where honeybee hives can be placed, which will reduce the available food for honeybees; and

·    Restrictions placed on the use of bumble bees for commercial pollination.

Since honeybees are responsible for nearly half of California’s agricultural production (both directly and indirectly), placing restrictions on their access to forage, is likely to have broad adverse impacts throughout California’s agricultural economy. The listing is also unnecessary, as farmers have made significant investments in efforts to improve habitat for pollinators, such as planting hedgerows to provide habitat and implementing best management practices to reduce impacts from pesticide use.

If the listing is allowed to stand, you can be sure that the floodgates to list additional insects will quickly open up. Unlike the U.S. Fish and Wildlife Service which carefully vets petitions to list and regularly rejects those petitions as being without merit, the California Fish and Game Commission grants the vast majority of petitions to list that it receives.

Western Growers has also appeared as amicus in multiple cases challenging administrative agency decisions listing or banning important crop protection tools. Recently, Western Growers joined industry partners in a bid to petition the California Supreme Court to review the Office of Environmental Health & Hazard Assessment’s (“OEHHA”) decision to list trizines (including herbicides atrazine, propazine and simazine) under Proposition 65 without adhering to regulatory requirements. The California Court of Appeal had upheld OEHHA’s findings. The California Supreme Court ultimately denied review in the case.

This is just a sampling of the advocacy on the legal front that Western Growers is conducting on behalf of the fresh produce industry. I hope you were already aware of Western Growers’ commitment to legal advocacy, but if you weren’t, I hope you are encouraged by WG’s commitment to you—our members.