WG Launches #AgIsEssential Social Media Campaign

April 9th, 2020

This week, Western Growers launched a social media campaign highlighting the extraordinary efforts the agriculture industry is making to continue providing our country with a safe, healthy, abundant and affordable food supply during the COVID-19 pandemic.

The campaign includes sharing videos and graphics geared toward educating the public on how WG members are ensuring the safety of their workforce, how the COVID-19 outbreak is impacting their operations and how proud farmers are to be on the front line of feeding America during the coronavirus pandemic.

“One thing I would like the public to know during this crisis is that American farmers and ranchers are still showing up to work every single day to provide the most nutritious and safest food out there. So please keep supporting our industry and we will keep feeding America,” said Lindsey Mebane, food safety manager for Tasteful Selections, in one of the videos.

The first round of videos and graphics are now posted on WG’s Facebook, Twitter and Instagram, and all content will be tied together with the #agisessential hashtag so users can easily search for and find these posts on all social media platforms. In the first couple days of the campaign, more than 40,000 people have already been reached.

WG will continue to run the campaign through the month of April. We encourage all members to participate in the social media campaign by recording a selfie-style video on their smart phone answering either or both of the questions:

  1. What is one thing you would like the public to know about your farming operation or the agriculture industry during the COVID-19 outbreak?
  2. What is your farming operation doing to ensure the health and safety of your workers during the COVID-19 pandemic?

All videos can be submitted to Cory Lunde at [email protected].

[VIDEO::https://www.youtube.com/watch?v=dhaE4UiHQCg::aVideoStyle]

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Secure a Victory in a Potential Temperature Claim With Having All The Proper Documentation

April 14th, 2020

In a non-COVID world on a monthly basis, I conduct sales workshops/seminars for our regular members of Western Growers to discuss and educate on various claim issues that a sales organization would encounter in their day to day experience on the sales desk. One question that is commonly raised pertains to the importance of evidence in a temperature related problem. What takes precedence in a potential abnormal transportation claim? Is it the timely USDA inspection pulp temperatures, the portable temperature recording device, or the TRU (Trailer Refrigeration Unit) download? In my opinion and what is guided to the membership, you need to consider all the available evidence and documents in order to make an informed decision. Ideally, the aforementioned three documents should support each other; however it is not at all uncommon that these three documents will be in conflict. Therefore, it is important to assess what each temperature reading is actually describing. The USDA or CFIA inspection certificate discloses a range of pulp temperatures of the product at the date and time of the federal inspection, and is done by an independent third party. The portable temperature recording unit provides a snapshot of the temperature inside the trailer, at the precise location where the device was placed. The TRU can provide information of various operational aspects that are going on with the refrigeration unit of the trailer transporting your product. Some of the TRU download information points are the temperature set point, start date and time of temperature monitoring, actual trailer air temperature as it returns to the intake refrigeration unit after circulating through the trailer, the actual temperature originating from the refrigeration unit, the ambient or outside temperature, and the operational mode for the TRU. Most critical to review is if the refrigeration unit is running continuous, and not on a start/stop mode. Fresh produce should only be transported under continuous-cycle reefer operational conditions.

All three of these documents are helpful in their own way by providing you information on how your product was handled during transit and after arrival and unloading at destination, and can assist in determining responsibility in a claim situation. While no one of these three documents takes precedent, clearly the USDA or CFIA will be significant evidence in providing arrival pulp temperatures and also provide insight as to what corresponding condition factors that may have been exacerbated by any prolonged elevated temperatures.

Another question I commonly receive is what happens if the buyer tells the shipper he cannot locate the temperature recording device? While the inability of being able to locate the portable temperature recorder is unfortunate, that failure means there is one less document to establish normal transit.  In a previous PACA decision Sharyland, LP v. Lloyd A. Miller, 57 Agric. Dec. 762 can be viewed by clicking here; states in part:

“There are commonly only two parties with the opportunity, or motive, to wrongly “lose” a temperature recorder or tape, namely the receiver and the trucker.  In both cases the only motive would be that the tape disclosed improper transportation.  Therefore if a shipper proves by submitting a bill of lading signed by the trucker (as the shipper in this case did) that a temperature recorder was placed on the truck, it is hard to imagine adequate excuse for a receiver’s failure to produce the tape.  In this case respondent has offered no excuse.  A receiver may, indeed, be entirely innocent, in that the recorder may have been thrown away by the trucker before arrival of the truck.  However, since a trucker would thus dispose of a recorder only if transportation was bad, one is inevitably led to the presumption that transportation temperatures were abnormal.”

Therefore, if your buyer tells you that the temperature recording device is lost, then a conversation must ensue with you examining other evidence that may result in you requesting full payment on this shipment. The USDA or CFIA and any TRU download will then need to be scrutinized.

Also, remember that when determining whether in-transit temperatures were normal, one should take it into consideration:

  1. The portable temperature unit printout
  2. The destination pulp temperatures reported on the USDA, or CFIA inspection
  3. A TRU download from the refrigeration unit

All three of these temperatures are critical in determining whether or not transportation was normal or not, and thus where liability rests.

Lastly, in order to have a valid claim based on abnormal temperature in transit, or at destination, you must also have reportable condition problems that are directly attributable to the abnormal temperatures. It is always advisable to secure a federal inspection for condition only and have available in your defense. As always, should you run into a situation such as this or would you like guidance on any problem files or disputes, please feel free to contact Western Growers Trade Practices Department’s Bryan Nickerson at [email protected] or 949-885-2392.

 

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New “Innovating in Challenging Times” Webinars Feature Continued Tech Development Amid Crisis

April 27th, 2020

The Western Growers Center for Innovation & Technology (WGCIT) is launching an Innovating in Challenging Times webinar series to demonstrate how technological development continues to advance during the COVID-19 pandemic and beyond. The series will feature entrepreneurs from different agtech startups who will share how the crisis has impacted their company as well as the creative methods they are implementing to move business forward.

Innovating in Challenging Times will be a weekly series, available every Thursday at 2 p.m. PDT. Each webinar will be moderated by WGCIT Director Dennis Donohue, and all webinars are complimentary for WG members. 

The first webinar, which will be held on April 29, features ZAG Technical Services, who will speak about cutting-edge intelligent business solutions that increase employee productivity, network security and team collaboration. Next week, Concentric Power will discuss how innovating in challenging times requires keeping an eye on the long-range fundamentals of your business to navigate immediate disruptions, while at the same time being open to adjusting previous assumptions.

The following is the full schedule for the Innovating in Challenging Times webinar series:

DATE

AGTECH COMPANY

4/30/2020

ZAG Technical Services

5/7/2020

Concentric Power

5/14/2020

iFoodDecisionSciences

5/21/2020

Pyka

5/28/2020

Sapphire Automation

6/4/2020

Ripe.io

6/11/2020

FieldIn

6/18/2020

ChrysaLabs

6/25/2020

KipTraq

7/2/2020

Pago

7/9/2020

iTradeNetwork

7/16/2020

SWIIM

7/23/2020

MagGrow

7/30/2020

GeoVisual Analytics

8/6/2020

AgVoice

8/13/2020

Tailwater Systems

8/20/2020

AgTools

8/27/2020

rfxcel

9/3/2020

Concept Clean Energy

9/10/2020

HeavyConnect

 

To register or for more information, contact Emily Lyons at [email protected].

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Leverage the Western Growers, C.H. Robinson Transportation Program for Access to the National Distribution Network and Potential Non-Profit Partners

April 30th, 2020

On April 17 Secretary of Agriculture Sonny Perdue announced that the USDA is exercising authority under the Families First Coronavirus Response Act to purchase and distribute up to $3 billion of agricultural products to those in need.  USDA will join with regional and local distributors, whose workforce has been significantly impacted by the reduction in foodservice sales, to purchase fresh produce, dairy and meat. 

If your organization is interested in submitting a bid for the USDA Food Box Program or future programs but lacks a logistics plan or non-profit recipients, we encourage you to leverage the Western Growers/C. H. Robinson  Transportation Program to gain access to our national distribution network and potential non-profit partners.  For assistance, contact John Stenderup, our C. H. Robinson Program Manager at 831.392.5498 or at [email protected]

For those not planning on participating in the USDA program but still feeling the severe impact of COVID-19, we want to remind you that the Western Growers Transportation Program is an exclusive benefit for our members that offers a wide array of quality shipping solutions to deal with the present difficult transportation environment.  The Western Growers Transportation Program provides: 

  • Access to a fully vetted network of temperature controlled and dry freight carriers
  • Multi-Modal Capability: Truckload, LTL, Consolidation Service, Forward Warehousing, Intermodal, Rail, Ocean and Air
  • Ability to handle all shipper freight requirements (fresh, processed products, machinery, packaging, etc.)
  • The industry leading web-based technology platform (Navisphere)
  • Customized pricing models
  • Claims management

One phone call or email to John Stenderup can provide access to CHR’s extensive carrier capacity and the latest technology to optimize your distribution efficiency and better manage your supply chain spend during this uncertain time.

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USDA Provides Initial Details on CFAP Food Box Distribution Program

April 21st, 2020

UPDATED 4/24: USDA Request for Proposal Now Available. Click here to access the USDA Farmers to Families Food Box website. 

As part of the Coronavirus Food Assistance Program (CFAP), regional and local food distributors will be the focal point of USDA’s strategy to purchase and distribute $3 billion in fresh produce, dairy and meat in the form of pre-approved food boxes provided to food banks and other non-profits. The goal is to begin the delivery of these food boxes by May 15.

On a webinar today, staff from USDA’s Agricultural Marketing Service laid out their plan to solicit offers from distributors, who will be asked to submit proposals to procure the food items from producers, construct the food boxes, and deliver the food boxes to non-profits.

Distributors with awarded contracts will be responsible for establishing their supply chain and managing their relationships with producers and non-profit organizations, as well as invoicing USDA and providing payment to producers.

The food boxes must comprise of 100% domestically grown and processed items, and any packaged items should be suitable for household use (e.g. smaller foodservice packs would be acceptable). 

Key dates outlined on the webinar are as follows:

  • April 24: Solicitations for offers from distributors will be released
  • May 1: Proposals from distributors will be due
  • May 8: Contracts to distributors will be awarded
  • May 15: Distributors will begin delivery of food boxes

Click here to access more information on USDA’s Food Box Distribution Program.

Click here to subscribe to email updates, including notification of the solicitation release.

Additional questions can be emailed to [email protected].

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Puglia, Vessey Appear on PBS Newshour

April 21st, 2020

In a segment titled, “How the COVID-19 pandemic is sending American agriculture into chaos,” WG President & CEO, Dave Puglia, and WG Member, Jack Vessey of Vessey & Company, appeared on PBS Newshour to discuss the economic impact of the crisis on the fresh produce industry.

Highlighting the devastating on-farm consequences of the foodservice collapse, Vessey provided PBS Newshour camera crews with an exclusive look at his romaine fields as they were being plowed back into the ground.

“It is very difficult for me,” Vessey said in his interview. “Not just on the economic side, but the emotional side, as well.”

Puglia provided insight into the supply chain challenges related to rerouting supply originally destined for the foodservice sector.

“If you think about a grocery store, you’re going to see something on the shelf that’s packaged for you, as a consumer. You go to a restaurant, they’re buying in bulk. So we can’t, unfortunately, flip that infrastructure over all that quickly.”

In response to a question about donating excess produce to food banks and other charitable organizations, Puglia noted: “That farmer has to decide whether to spend the money to harvest it, which is the most expensive part of farming in the produce industry. So, if you already know you’re taking on a 100 percent loss, do you want to make it 150 percent by harvesting a product that doesn’t have a profitable home?”

Click here to watch the full PBS Newshour segment. 

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Coalition Pushes for Western Water Infrastructure Needs

April 21st, 2020

On Monday, a coalition of 150 organizations representing water and agricultural interests urged President Trump to address aging Western water infrastructure in forthcoming COVID-19 relief efforts.

“The COVID-19 pandemic underscores the importance of safety and stability provided by domestic food production,” the groups stated in separate letters to Congress and the president. “As this crisis has pointed out, a stable domestic food supply is essential and of national security interest. For farmers and ranchers to survive, and for food to continue to be produced here in the American West, a stable water supply is a necessary part of any conversation about our national food security.”

Existing water infrastructure in the West needs rehabilitation and improvement. Most of the federally funded water infrastructure projects that benefit the large cities, rural communities and small farms in the West were built more than 50 years ago. As hydrological conditions in the West change and populations continue to expand, failure to address water security has become increasingly critical.

The coalition letters emphasize that water conservation, water recycling, watershed management, conveyance, desalination, water transfers, groundwater storage and surface storage are all needed in a diversified management portfolio.

“If and when additional infrastructure funding is discussed as part of a larger economic stimulus package, we need your help to ensure that federal dollars flow to the water infrastructure needs” of the West, the letters conclude.

Click here to read the letter to Congress. Click here to read the letter to the White House.

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Congress Passes Bill to Replenish Paycheck Protection Program

April 23rd, 2020

Today, the U.S. House of Representatives passed a bill that will, in part, replenish the Paycheck Protection Program (PPP), following passage of the bill in the U.S. Senate on Tuesday. President Trump has said he will sign the bill into law. We will notify our members when the funding from the $484 billion “Phase 3.5” stimulus package becomes available.

Paycheck Protection Program

The Phase 3.5 relief bill will add $320 billion to the funding pool for the PPP, the forgivable small business loan program, after businesses exhausted the initial $349 billion allocated for the program in less than two weeks. Small businesses are defined as companies with fewer than 500 employees.

Go through your lender to apply for the PPP.

Economic Injury Disaster Loan Program

Also included in the bill is $60 billion in additional funds for the Economic Injury Disaster Loan (EIDL) program, which allows small businesses to borrow up to $2 million with an initial grant of up to $10,000. EIDLs are low-interest loans (3.75%) to cover accounts payable, fixed debts, payroll, and other bills due to COVID-19.

You may get both an EIDL and a PPP loan, as long as they don’t pay for the same expenses. Significantly, agricultural operations will now be eligible for the EIDL program.

Go through the Small Business Administration (SBA) to apply for the EIDL program. Click here to monitor availability of funds on the SBA Coronavirus Relief Options website.

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Trump Immigration Executive Order Does Not Apply to Seasonal Farm Workers

April 23rd, 2020

On Wednesday, President Trump signed an executive order temporarily suspending the issuance of new green cards, which applies to those seeking permanent residence in the U.S. The order will last for 60 days, and can be modified during the 60 days or potentially extended at the end of the 60 days. 

The order will apply to foreign nationals seeking a green card who are outside the U.S. at the time of the order, but will not apply to legal immigrants in the country seeking to change their immigration status.

It also carves out exceptions for essential workers, and does not apply to seasonal farm workers, who would seek seasonal guest worker visas.

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Congress Urges Administration to Eliminate CFAP Payment Limits

April 23rd, 2020

Today, a bi-partisan group of 126 members in the U.S. House of Representatives called on President Trump to eliminate payment limits for specialty crops, as well as livestock and dairy producers, before the final Coronavirus Food Assistance Program (CFAP) details are announced.

Last Friday, USDA announced $2.7 billion in funding for the specialty crop industry as part of the CFAP, $2.1 billion for direct payments and at least $100 million per month for six months in specialty crop purchases.

Unfortunately, USDA has placed a limit of $125,000 per commodity, with an overall limit of $250,000 per farm operation. These limits do not take into account the cost of agricultural labor and other unique costs related to the growing and harvesting of specialty crops, as well as other commodities.

The letter states these payment limits, “would severely restrict the program’s effectiveness for many family-owned farms and ranches across the nation,” and called on President Trump to, “eliminate payment limits for livestock, dairy and specialty crop producers before the final CFAP program details are announced.”

Representatives Jimmy Panetta (CA-20) and Jim Costa (CA-16) were among the co-leaders of the letter.

“We appreciate the efforts of our congressional champions, including Senator Dianne Feinstein and Congressman Jimmy Panetta, to seek remedy for our concerns with the payment limitations outlined in USDA’s direct payment plan. Simply put, $125,000 per commodity or $250,000 per farm is wholly inadequate to mitigate the massive economic damage that has been incurred by countless producers of fresh fruits, vegetables and tree nuts, a total that is estimated at $5 billion and counting,” said Western Growers President/CEO Dave Puglia in a recent press statement. 

Click here to read the full letter. Click here to read Puglia’s full statement. 

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CDFA Survey on PPE Needs Due Friday, April 24

April 23rd, 2020

The California Department of Food and Agriculture (CDFA) is looking to capture the needs in the agricultural sector for PPE and sanitation supplies. CDFA Secretary Karen Ross has made the following appeal to the industry:

“Many of you may have already provided this information early in the stay at home order. Your feedback contributed to conversations with Cal OES about the real and growing needs for PPE in agriculture. As these conversations have progressed, we have been asked to provide more detailed information. Please fill out this survey so that we can continue to protect workers, public health and the environment while agriculture fulfills the critical needs of food production during COVID-19.”

Click here to access the survey. The survey is due tomorrow, Friday, April 24. If you have already completed this survey, you do not need to complete again.

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WG Sr. Vice Chairman Albert Keck Op-Ed Published

April 23rd, 2020

An illuminating op-ed on agriculture and the COVID-19 pandemic penned by Albert Keck, WG Sr. Vice Chairman and President of Hadley Date Gardens, Albert Keck, was published in The Desert Sun this week.

In the op-ed, Keck details the value of agriculture to the economy of the Coachella Valley and the food security of our nation. While his message is directed to his local community, his words illustrate the broader importance of supporting our industry not only during the pandemic, but during normal times, as well.

“Like other essential workers who are stepping up and facing the added hardships and risks associated with working during a pandemic, farmers and agricultural workers are not retreating. They know that what they do is a responsibility,” Keck states.

Keck explains the safety practices being implemented by farmers to protect their employees, and notes that many farms have lost their food service and restaurant customers, which has resulted in many unharvested crops being disced under because of canceled contracts.

He also details the extremely complex landscape of food production and distribution, and points out that, “for decades leading up to the current pandemic, vibrant restaurants and stocked store shelves were something we took for granted.”

Click here to read the full op-ed.

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FDA Releases Updated Guidance on Food Safety and COVID-19

April 28th, 2020

FDA has released two new documents on Food Safety and COVID-19.

What to Do if You Have COVID-19 Confirmed Positive or Exposed Workers

This summary, derived from Centers for Disease Control and Prevention (CDC) recommendations, outlines key steps that employers and workers can take to help stay open, prevent and slow the spread of COVID-19, and support continuity of essential operations if workers are diagnosed with or exposed to COVID-19, or show symptoms associated with COVID-19. Links to more detailed practices and recommendations are also included.   

Click here to view the full guidance.

Use of Respirators, Facemasks, and Cloth Face Coverings in the Food and Agriculture Sector

The Centers for Disease Control and Prevention (CDC) advise the use of simple cloth face coverings to slow the spread of the virus and to help people who are unaware they have the virus from spreading it to others. This has led to questions from the Food and Agriculture Sector about what respirators, disposable facemasks, such as surgical or medical masks, or cloth face coverings are most appropriate for various settings. This fact sheet, developed in collaboration with CDC, provides a quick reference to these items potentially worn by workers in the Food and Agriculture Sector.

Click here to view the full guidance.

Click here to access additional resources on the Food Safety and COVID-19 webpage.

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Processing for PPP Resumes; EIDL Not Yet Open for New Applications

April 28th, 2020

Please review the most recent updates on the COVID-19 small business (less than 500 employees) loan programs offered by the U.S. Small Business Administration (SBA).

Paycheck Protection Program (PPP)

Update: Monday, April 27

As of 7:30 a.m. PT, Monday, April 27, the SBA has resumed accepting PPP applications from participating lenders. The loans are processed on a first-come, first-served basis, so act now.

You can apply through any existing SBA 7(a) lender or through any federally insured depository institution, federally insured credit union, and Farm Credit System institution that is participating. Other regulated lenders will be available to make these loans once they are approved and enrolled in the program.

You should consult with your local lender as to whether it is participating. All loans will have the same terms regardless of lender or borrower.

Click here to find eligible PPP lenders.

Click here to access the borrower application form.

Click here to determine how to calculate maximum loan amounts.

About the Program

The PPP provides small businesses with funds in the form of loans that will be fully forgiven when used to pay up to 8 weeks of payroll costs including benefits. Funds can also be used to pay interest on mortgages, rent, and utilities. Forgiveness is based on the employer maintaining or quickly rehiring employees and maintaining salary levels. Forgiveness will be reduced if full-time headcount declines, or if salaries and wages decrease.

Economic Injury Disaster Loan (EIDL) Program

Update: Monday, April 27

With the additional funding provided by the new COVID-19 relief package, SBA will resume processing EIDL Loan and Advance applications that are already in the queue on a first come, first-served basis.

The SBA will provide further information on the availability of the EIDL portal to receive new applications, including those from agricultural enterprises, as soon as possible.

Click here to monitor the SBA website for announcements on when the EIDL portal will be available to new applicants. Apply directly to SBA using this portal.

 

About the Program

The SBA is offering low-interest federal disaster loans for working capital to small businesses suffering substantial economic injury as a result of the Coronavirus (COVID-19).

The SBA’s Economic Injury Disaster Loans offer up to $2 million in loans that may be used to pay fixed debts, payroll, accounts payable and other bills that can’t be paid because of the disaster’s impact. The interest rate is 3.75% for small businesses.

The SBA offers loans with long-term repayments in order to keep payments affordable, up to a maximum of 30 years. Terms are determined on a case-by-case basis, based upon each borrower’s ability to repay.

For questions, please contact the SBA disaster assistance customer service center at 1-800-659-2955 or e-mail  [email protected].

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USDA Publishes Request for Proposal for Food Box Purchase Program

April 28th, 2020

USDA has announced the publication of a Request for Proposal for the Farmers to Families Food Box Purchase Program.

As part of the Coronavirus Food Assistance Program (CFAP), distributors and wholesalers will contract with the USDA Agricultural Marketing Service (AMS) Commodity Procurement Program to provide pre-approved boxes of fresh produce, dairy, and meat products to food banks, community and faith-based organizations, and other non-profits serving Americans in need. The goal is to begin the delivery of these food boxes by May 15.

Under the new food box purchase program, USDA AMS will procure an estimated $100 million per month in fresh fruits and vegetables, $100 million per month in a variety of dairy products, and $100 million per month in meat products. Awarded distributors will be responsible for establishing their supply chain and managing their relationships with producers and non-profit organizations, as well as invoicing USDA and providing payment to producers.

The food boxes must comprise of 100% domestically grown and processed items, and any packaged items should be suitable for household use (e.g. smaller foodservice packs would be acceptable). 

Upcoming key dates include:

May 1: Proposals from distributors will be due

May 8: Contracts will be awarded to distributors

May 15: Distributors will begin delivery of food boxes

Click here for the Request for Proposal and other applicable attachments.

Click here to access the webinar hosted by the Commodity Procurement Program on April 21 with technical details about the food box purchases. 

Click here to subscribe to email updates, including notification of the solicitation release.

Additional questions can be emailed to [email protected].

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WG President and CEO Addresses Foodservice Collapse on Fox News

April 28th, 2020

Today, WG President and CEO, Dave Puglia, appeared on Fox News’ America’s Newsroom with Sandra Smith to discuss the ripple effects of the collapse of the foodservice sector on the fresh produce industry.

“The loss of the restaurant sector really threw a grenade in the middle of our food supply chain,” Puglia noted at the outset of the interview.

In the interview, Smith focused on the juxtaposition of the food waste that has resulted from the loss of the foodservice market and the increasing demand at food banks.

Puglia described an example of a WG member in the Imperial Valley he visited last week who had to plow “350 acres of very high quality romaine right back into the ground. There was literally no place to put that product.”

He followed up by stating that, “We’ve more than doubled our donations to food banks in California, and still there is so much fresh produce that is, of course, highly perishable, that doesn’t have a market.”

“These farmers really have no choice,” Puglia continued. “They spend about half of the total dollar harvesting the crop. If there’s no place to sell that crop, you can’t spend that money on harvest, you have to put in back into the ground, and it’s really tragic.”

Puglia also noted the gamble many farmers in the West are taking as they are making planting decisions now for a foodservice market that still may not exist in 90 to 120 days when these crops mature, concluding with, “And that’s why the federal government has to step in and help bridge farmers across this divide, because too many of them have already been harmed so badly economically, and more will be because of the disruption to the market.”

Click here to watch the full America’s Newsroom interview.

Puglia also addresses the collapse of the foodservice sector in a new video released on the WG COVID-19 Resources Page. In the video, Puglia is standing in a field of romaine lettuce as it is being plowed back into the ground. Against this backdrop, he calls on the federal government to do even more to help keep our farms running and ensure the future of our domestic food supply.

An estimated 40% of all produce in the U.S. is consumed in restaurants, schools, hotels and other away-from-home settings. The stay-at-home orders issued by all but five states have resulted in the complete collapse of the foodservice sector along with a critical outlet for farmers. With limited ability to quickly redirect this product to retail markets, and the limited capacity of food banks to accept large volumes of perishable fresh produce items, many farmers have been forced to plow their crops back into the ground.

Click here to watch the full video.

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USMCA to Enter into Force July 1

April 28th, 2020

On Friday, U.S. Trade Representative Robert Lighthizer notified Congress that Canada and Mexico have completed their domestic procedures to implement the United States-Mexico-Canada Agreement (USMCA), which will enter into force on July 1, 2020.

House Ways and Means Committee Chairman Richard Neal (D-Mass.), welcomed the notification, stating: “In the midst of this pandemic, North America is struggling to continue the production, supply, and distribution of critical goods. At the same time, we are striving to protect the health, safety, and other fundamental rights of our workers. Worker protections and tools to respond to any instances of abuse have always been important, and the existence of mechanisms to hold countries and facilities accountable are particularly crucial now, given the pressures and dangers COVID-19 presents. I am proud to say that the USMCA provides these enforcement tools.”

Click here to read U.S. Trade Representative Lighthizer’s congressional notification. 

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Trump Administration Publishes Final Rule to Replace WOTUS

April 28th, 2020

Last week, the Environmental Protection Agency and the Army Corps of Engineers published in the Federal Register a final rule to replace the Obama administration’s Waters of the United States (WOTUS) rule.

The rule, which defines the scope of waters federally regulated under the Clean Water Act, is effective June 22, and has been named the Navigable Waters Protection Rule (NWPR).

The NWPR seeks to provide regulatory certainty for industry across multiple sectors, including agriculture, and to support good environmental outcomes while also reducing the unnecessary cost and complications that come with duplicative regulations, like the WOTUS rule.

According to the EPA, the NWPR maintains federal authority to protect the quality of navigable waters and the core tributaries that flow into them. At the same time, the rule makes clear those waters which are not covered by federal authority and will continue to be protected under state, tribal and local regulations, including:

  • Features that only contain water in direct response to rainfall.
  • Groundwater.
  • Many ditches, including most roadside and farm ditches.
  • Farm and stock watering ponds.
  • Waste treatment systems.
  • Prior converted cropland.

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WG, Ag Coalition Call for Changes to Paycheck Protection Program

April 28th, 2020

Yesterday, Western Growers joined a group of 38 agriculture organizations in sending a letter to congressional leaders requesting changes to the Paycheck Protection Program. Agriculture, forestry, fishing and hunting sectors received only 1.3 percent of the original $349 billion in approved funding.

The letter requests several changes for agriculture to fully participate in the SBA relief programs:

  • Expedite Approval of Applications for Rural Lenders
    • Most of agriculture’s primary lenders have not administered SBA loans.
    • Allow Farm Credit institutions to access the newly established PPP set-aside for small financial lenders.
  • Guidance for Agricultural Applicants
    • Sole proprietors who file a Schedule F should be eligible to participate in the Payroll Protection Program.
    • Allow businesses to use additional income documentation to qualify for PPP.
  • Define “Primary Place of Residence” in SBA Statute
    • The Primary Place of Residence should be defined to clearly include H-2A guest workers, as many of these workers spend over half the year in the United States.
  • Rent and Utilities
    • Rental payments for all business-related items should be included in the SBA loan program.
  • Eligibility Cap for Agriculture
    • An increase in SBA’s eligibility cap for employees is essential for family farms and agricultural processors that employ more than 500 employees to continue operating and paying their employees.

Click here to read the entire letter.

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McCarthy, House Republicans Push Trump to Eliminate CFAP Payment Limits

April 28th, 2020

Last Friday, House Republican Leader Kevin McCarthy led a group of 120 House Republicans in calling on President Trump to eliminate payment limits prior to implementing the direct payment portion of the USDA Coronavirus Food Assistance Program (CFAP).

While $2.1 billion has been allocated to the specialty crop industry for direct payments to producers, payments are limited to $125,000 per commodity with an overall limit of $250,000 per individual or entity.

The letter states: “Given producers will suffer heavy losses even with the help provided under the relief package, we urge that relief not be further reduced by payment limitations that would harm real family farmers… if the goal of this emergency package is to support critical infrastructure and industry, it needs to flow in proportion to production, risk, and losses.”

Click here to read the full letter.

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