WG Rolls Out Redesigned COVID-19 Resources Page

April 28th, 2020

With the steady stream of new information and guidance still coming out from government agencies, WG has redesigned our COVID-19 Resources Page to make it easier for our members to navigate and access the materials relevant to their business operations.

Visit the newly-redesigned WG COVID-19 Resources Page.

The resources page has specific sections on the agricultural, business loan, and business tax provisions of the CARES Act; the paid sick and paid family leave mandates in the Families First Coronavirus Response Act; WG-developed guidance for our membership; government guidance for employers; important documents and posters our members may want to download; and a handy set of Frequently Asked Questions.

And, of course, the most important resource on the page is WG staff. Our staff dedicated to gathering, reviewing and analyzing the latest COVID-19 information so our grower and handler members can be fully prepared with the knowledge they need to make informed business decisions. Because of the rapidly-evolving nature of the outbreak and public response, new information is coming in by the minute. Know that while we are all figuring this out together, and we will always be here to help you find the answers you are looking for. Do not hesitate to contact us.

WG to Host CARES Act Webinar on Friday

April 30th, 2020

This Friday, May 1st, at 1:00 p.m. PT, WG, in partnership with alliantgroup Washington insiders, will present a live webinar, moderated by Dennis Nuxoll, Western Growers Vice President of Government Affairs.

Mr. Nuxoll will be joined by Mike Johanns, former Secretary of Agriculture, Rick Lazio, former Congressman, and Dean Zerbe, former Senior Counsel to the Senate Finance Committee.

The panel of presenters will cover updates to the CARES Act, the replenishment of PPP, and its impact on the agriculture industry.

In addition, the presentation will provide a review of the existing tax relief incentives that growers and processors are eligible to benefit from based on the work they do every day.

Click here to register for the webinar.

New PPP Rule Targets Aid for Seasonal Employers

April 30th, 2020

Today, the Treasury Department published an interim final rule expanding the time frame seasonal employers can use to calculate maximum loan amounts under the small business Paycheck Protection Program.

Under the PPP, the size of the loan an employer is eligible for is tied to their average payroll. Initially, this was calculated using the average monthly payroll for the 12-week period beginning February 15, 2019, and ending June 30, 2019.

Some seasonal employers, however, have seasons that occur later in the year, such as farms that harvest in the summer.

To address this disparity, a seasonal employer may now use any consecutive 12-week period between May 1, 2019 and September 15, 2019 for determining its maximum loan amount.

Check-in with your lender to determine how this new rule applies to your PPP loan application.

Governor Newsom Announces Expansion of Farm to Family Program

April 30th, 2020

On Wednesday, Calif. Governor Gavin Newsom announced a $15 million campaign to expand the Farm to Family Program, a partnership between CDFA and the California Association of Food Banks (CAFB) to facilitate food donations from farmers and ranchers by supporting food production, processing and distribution of the food supply chain.

To jumpstart the $15 million campaign, intended to run through the end of the year, the Governor unveiled $3.64 million in new funding, including $2.86 million from USDA and $775,000 committed by philanthropy.

CDFA received approval from the USDA to redirect $2 million in unused Specialty Crop Block Grant funds to the CAFB to offset the costs of picking, packing and transporting donated produce. An additional $861,854 from the USDA Farm to Food Bank program was awarded to the California Department of Social Services (CDSS) to support the program.

These funds will support the donation of 21 million pounds of fresh crops for the month of May.

Farm to Family partners with 41 food banks serving all 58 counties, and handles the logistics of packaging the food and communicating with food banks.

Roughly 128 farmers and ranchers are donating to the CAFB and another 200 farmers have expressed interest in participating.

For additional details about the program, please contact Director of Farm to Family Steve Linkhart at (510) 350-9916 or [email protected].

New Online Portal to Help Parents Find Local Child Care Options

April 30th, 2020

Today, Calif. Governor Gavin Newsom announced a new portal to help parents, including essential workers, find safe, reliable and accessible child care options.

This announcement builds on previous executive action the Governor has taken to expand child care subsidies and after-school programs for essential workers.

The new portal is available at covid19.ca.gov/childcare and enables parents to enter their location and the type of care they need, instantly receiving a list of local center-based and family child care programs.

The list of open licensed child care programs will include health and safety information, age of children accepted, capacity, availability, hours, and contact information for the program and local Child Care Resource and Referral agency.

The Child Care Resource and Referral agencies can answer general questions, including those about child care subsidies.

Coronavirus Relief Resources for Business Owners

April 2nd, 2020

On April 1, UBS Financial Advisors issued a comprehensive summary of the COVID-19 relief programs contained in the recently-enacted CARES Act stimulus package. The programs are broken down into four buckets: Economic Injury Disaster Loans (EIDL), Paycheck Protection Program (PPP), Loans for Larger Businesses, and Tax Credits and Deferrals.

Small businesses in the WG membership, companies with up to 500 employees, are currently eligible for the Paycheck Protection Program, which provides forgivable loans meant to cover the next 8 weeks of payroll costs, including benefits. Funds can also be used to pay interest on mortgages, rent and utilities. In order for the loan to be forgiven, payroll levels and wages must be maintained through June 30, 2020. The covered period begins February 15, 2020 and ends on June 30, 2020.

Click here to access more information on the U.S. Department of Treasury website, including the application.

As of April 2, agricultural operations are not eligible for the Economic Injury Disaster Loan Program, which is a low-interest (3.75%), non-forgivable loan and different than the Paycheck Protection Program. This small business program provides loans up to $2 million and covers accounts payable, fixed debts, payroll and other bills due to COVID-19.

Farm groups and House lawmakers are now pushing the Small Business Administration to include agricultural operations in the EIDL program. We will alert our members if the EIDL eligibility criteria changes.

WG, Industry Letter Outlines Specialty Crop Priorities in COVID-19 Relief Package

April 2nd, 2020

Yesterday, Western Growers joined its partner associations in the California specialty crop industry in sending a letter to Congressmen Kevin McCarthy and Devin Nunes outlining industry funding priorities from the CARES Act relief package.

The letter highlights three specific USDA program requests: direct payments to growers, a food purchase program and a PACA trust claim guarantee.

Direct Payments: Due to the significant instability of domestic and international markets, the letter calls on USDA to provide direct payments to specialty crop growers similar to those that have been made through the Market Facilitation Program.

Food Purchases: Because of the uncertainties in the foodservice supply chain, the signatories encourage USDA to work with growers/shippers, through a direct purchase program and an expanded Section 32 program, to procure specialty crop commodities that can be utilized by school feeding programs or food banks.

PACA Trust: Given the potential for widespread non-payment and bankruptcies within the foodservice sector, the letter proposes that USDA guarantee the payment of all legitimate PACA trust claims filed against bankrupt firms, to the extent these claims are not satisfied by the available trust assets. 

Click here to read the full letter.

Ag Employer Crisis Management Briefing for WG Members

April 7th, 2020

WG invites you to participate in an Ag Employer Crisis Management webinar for Western Growers members, presented by the Ag Labor Team at The Saqui Law Group. This webinar will take place on Thursday, April 9, 2020, from 2:00 – 3:00 PM.

The topics covered during the webinar will include:

  1. Critical Infrastructure
    • Ag Businesses under “Shelter-In-Place” Orders
    • Dealing with inquiries from Government Agencies
  2. Immigration; Status of H-2A crossings
    • Where are we today?
    • FAQ’s: H-2A Program
  3. Unions: They want in on being “Essential Businesses” Too
    • Dealing with Access under the ALRA
    • Dealing with unwanted visitors and work stoppages
  4. Silence is NOT Golden
    • Developing Employee Communication packages
    • Developing “themed” messaging for the long haul
    • Developing a “feedback-loop”
  5. Workplace FAQ’s
    • HR and Operational day-to-day troubleshooting
  6. WARN Act
    • Dealing with WARN’s State and Federal requirement in case of mass layoffs/and/or closure

Click here to join the webinar.

Congressman Panetta, 108 House Members Call on USDA to Provide Direct Support to Specialty Crop Producers

April 7th, 2020

Today a bipartisan group of 108 members of the U.S. House of Representatives – led by Congressmen Jimmy Panetta (CA-20), Jim Costa (CA-16) and Doug LaMalfa (CA-01) – sent a letter to USDA Secretary Sonny Perdue echoing the Produce Market Stabilization Program proposal presented by a coalition of produce organizations from across the country.

The letter calls on the Administration to provide direct support to specialty crop producers as part of the recently-enacted CARES Act, which includes more than $23 billion earmarked for agriculture – $14 billion to replenish the Commodity Credit Corporation and $9.5 billion for agricultural producers impacted by COVID-19.

In the letter, the Members stated: “We are very pleased that specialty crop producers have been specifically included in this relief package. These producers are experiencing significant losses, with more losses expected in the coming days, weeks, and potentially months. Now, as you make decisions regarding how best to allocate CARES Act funding, we request that you reserve funding to develop and execute a recovery and relief plan for the specialty crop industry.”

The letter outlines the three elements included in the Produce Market Stabilization Program:

  1. Fresh Produce Purchases: Funding and guidance for USDA purchases of fresh fruits and vegetables, including purchases for federal nutrition programs.
  2. Direct Payments to Specialty Crop Producers: Direct payments to specialty crop producers impacted by lost sales or other financial losses due to the COVID-19 emergency.
  3. Perishable Agricultural Commodities Act: PACA assistance and flexibility.

Of the 108 members, 23 represent Western Growers’ four home states:

  • Rep. Jimmy Panetta – CA (letter lead)
  • Rep. Jim Costa – CA (letter lead)
  • Rep. Doug LaMalfa – CA (letter lead)
  • Rep. Ami Bera – CA
  • Rep. Julia Brownley – CA
  • Rep. Salud Carbajal – CA
  • Rep. Tony Cardenas – CA
  • Rep. TJ Cox – CA
  • Rep. Jason Crow – CO
  • Rep. John Garamendi – CA
  • Rep Josh Harder – CA
  • Rep. Jared Huffman – CA
  • Rep. Ann Kirkpatrick – AZ
  • Rep. Barbara Lee – CA
  • Rep. Zoe Lofgren – CA
  • Rep. Doris Matsui – CA
  • Rep. Jerry McNerney – CA
  • Rep. Raul Ruiz MD – CA
  • Rep. Xochitl Torres Small – NM
  • Rep. Eric Swalwell – CA
  • Rep. Mike Thompson – CA
  • Rep. Scott Tipton – CO
  • Rep. Juan Vargas – CA

Click here to read the full letter.

SBA Releases Paycheck Protection Program Loans FAQs

April 7th, 2020

The Small Business Administration (SBA) has issued additional guidance to address borrower and lender questions concerning the implementation of the Paycheck Protection Program, which was authorized in the CARES Act. Borrowers and lenders may rely on the guidance provided in this document as SBA’s interpretation of the program.

In reviewing the FAQs, note that Question 9 may be especially useful for some employers with a seasonal workforce:

Question: My small business is a seasonal business whose activity increases from April to June. Considering activity from that period would be a more accurate reflection of my business’s operations. However, my small business was not fully ramped up on February 15, 2020. Am I still eligible?

Answer: In evaluating a borrower’s eligibility, a lender may consider whether a seasonal borrower was in operation on February 15, 2020 or for an 8-week period between February 15, 2019 and June 30, 2019.

Click here to access the SBA Paycheck Protection Program Loans FAQs.

Colo. Department of Agriculture to Host Virtual Public Town Hall on April 9

April 7th, 2020

As part of the ongoing effort to provide accurate and timely information to the Colorado agriculture industry, the Colorado Department of Agriculture (CDA) will be hosting a virtual public town hall gathering this Thursday, April 9, from 3:30 p.m. – 4:30 p.m.

CDA will update the industry on its latest work surrounding COVID-19 and answer questions. Questions can be submitted ahead of time through this form.

Town Hall Call-In Number: 1-301-715-8592

Webinar ID Number: 501-039-997

WG Develops Procedure for Proper Use of Masks for Farm Workers

April 7th, 2020

Based on new recommendations from the CDC and FDA, workers on farms, and in food production, processing and retail settings who do not typically wear masks as part of their jobs, could consider the use of a cloth face covering to slow the spread of COVID-19.

Based on new recommendations from the CDC and FDA, workers on farms, and in food production, processing and retail settings who do not typically wear masks as part of their jobs, could consider the use of a cloth face covering to slow the spread of COVID-19.

To assist its members, WG has developed a procedure to ensure face masks are put on, worn, and removed properly. Food safety personnel or shift supervisors should visually ensure masks are worn properly.

It is significant to note that the most important measures to protect ag workers are proper and frequent handwashing, good hygiene practices, cleaning/sanitation procedures and social distancing to the extent possible.

Click here to access the Procedure for Proper Use of Masks for Farm Workers – Template.

Companies Providing Personal Protection Equipment (PPE) for COVID-19

April 7th, 2020

In order to connect industry growers, packers, storage facilities, and other agricultural entities with suppliers of Personal Protection Equipment (PPE), CDFA is compiling a list of potential vendors. To the extent they can, CDFA is verifying the vendor on a surface level. However, because CDFA cannot fully vet the vendors, the buyer has an obligation to do their own vetting.

Provider: Citizens of Humanity (Huntington Park, CA)

PPE: Denim manufacturer that is sewing washable 100% cotton face masks.

Contact: Amy Williams, (323) 923-1240 or [email protected]

 

Provider: Sanctuary Medical (Burbank, CA)

PPE: Sourcing ear-loop medical face masks and KN95 respirator masks

Contact: Jeff Polanco, (818) 304-4197 or [email protected]

 

Provider: Alltech (Libertyville, IL)

PPE: Automotive company that producing KN95 respirator masks, surgical masks, gloves, hand sanitizer

Contact: N/A, (847) 658-1215 or [email protected]

 

Provider: PROforma (Cleveland, OH)

PPE: Producing KN95 respirator masks and 3-layer surgical masks

Contact: Steve Young, (510) 508-0638 or [email protected]

 

Provider: Faurecia (Chattanooga, TN)

PPE: FDA-approved masks and gowns

Contact: Francisco Almeida, [email protected]

 

Provider: Swag It To Me (Chicago, IL)

PPE: KN95 & standard 3-ply face masks

Contact: Stephanie Raab, (937) 830-0562

Cal/OSHA Issues Guidance on COVID-19 Infection Prevention for Agriculture

April 7th, 2020

California employers are required to establish and implement an Injury and Illness Prevention Program (IIPP) to protect employees from all worksite hazards, including infectious diseases. Cal/OSHA has now released guidance for agricultural employers on how to update their IIPPs to include preventing the spread of COVID-19 in the workplace. This guidance does not introduce any new legal obligations, but because COVID-19 is widespread in the community, most California workplaces must consider the disease a workplace hazard.

The guidance contains information, recommendations, and requirements for agricultural employers on:

  • Employee training on COVID-19
  • Procedures to help prevent the spread of COVID-19 at the worksite
  • Procedures to increase physical distancing
  • Good sanitation practices

Click here to access the Cal/OSHA COVID-19 Infection Prevention to Agricultural Employers and Employees guidance document.

Calif. Governor Newsom Issues Executive Order Extending Child Care Services for Essential Workers

April 7th, 2020

Over the weekend, Calif. Governor Newsom issued an Executive Order to ensure that essential critical infrastructure workers can obtain necessary child care to continue working to assist the State’s response to COVID-19.

The order allows for the reopening of state-subsidized before and after school childcare facilities. Essential workers will now have priority in arranging for childcare during work hours.

In the order, Newsom recognizes that child care is essential for working families, in particular for “parents who are considered essential critical infrastructure workers during this emergency, including… food and agriculture workers…”

The order will be administered by the Department of Social Services and the Department of Education. Guidelines are expected soon, and will detail how the child care will be facilitated while maintaining the required social distancing of the shelter-in-place order.

Working through CDFA, Western Growers flagged the issue of child care for essential workers early and often for the Newsom Administration. We will provide additional guidance to our members as it becomes available.

Click here to read the full Executive Order.

WG, Industry Send Letter on Demurrage Charges

April 7th, 2020

WG joined 80 agriculture groups in sending a letter to National Economic Council Director Larry Kudlow and USDA Secretary Sonny Perdue asking them to encourage the U.S. Federal Maritime Commission (FMC) to adopt a rule curtailing unfair detention and demurrage penalties by ocean carriers and terminal operators.

According to the letter, ocean carriers and terminal operators impose detention and demurrage charges when ocean freight containers cannot be returned or picked up within a short “free time” window, even when the delay is caused by the ocean carriers or terminals themselves, such as when the terminal is closed or the ship is late.

The letter states: “These fundamentally unfair fees are frequently exorbitant in nature, even exceeding the negotiated freight rates in some cases, and render US agriculture exports less competitive in the global markets.”

The signatories urge the FMC to adopt a proposed rule that would provide guidance for when a detention or demurrage charge can or cannot be fairly imposed.

Click here to read the full letter.

WG President and CEO Dave Puglia Appears on America’s Newsroom on Fox News

April 9th, 2020

As farmers across America are facing severe economic hardship due to the coronavirus, Western Growers President and CEO, Dave Puglia, appeared on America’s Newsroom on Fox News today to discuss the collapse of the foodservice sector and the economic uncertainties facing the industry as a result of the COVID-19 pandemic.

Click here to watch the full interview on Fox News.

Puglia also appeared on Bill Hemmer Reports on Fox News on Wednesday, April 8. We will share this segment once it becomes available.

Congressmen McCarthy, Nunes Appeal to USDA on Behalf of Calif. Specialty Crop Industry

April 9th, 2020

Yesterday, in response to a letter sent by Western Growers and a coalition of California agricultural organizations, House Minority Leader Kevin McCarthy and Congressman Devin Nunes sent a letter to USDA Secretary Sonny Perdue urging him to develop a spending plan specifically for specialty crop growers. 

The letter states that California is the largest agriculture producer in the U.S. where the predominant percentage of specialty crops in the country are grown. The letter goes on to note that this produce feeds our communities, nation, and the world, which is why it is “important to help ensure our specialty crop growers have the resources and assistance they need during these tough economic times resulting from the pandemic.”

Referring to the industry letter, Representatives McCarthy and Nunes call on USDA to support California’s specialty crop industry through a combination of direct payments to growers, the purchase of food and produce, and the guarantee of payments for all legitimate Perishable Agricultural Commodities Act (PACA) trust claims filed against bankrupt firms.

Click here to read the full letter.

Children of Families in Agriculture Prioritized for Child Care Services in Calif.

April 9th, 2020

In response to Calif. Governor Gavin Newsom’s recent Executive Order allowing for the reopening of state-subsidized before and after school child care facilities for essential workers, the Calif. Department of Education (CDE) issued a Management Bulletin prioritizing children of workers in the food and agriculture industry.

Farm workers and others in agriculture will now have priority in arranging for child care during work hours.

Early on in the COVID-19 pandemic, Western Growers raised the issue of child care for essential workers to the Newsom Administration.

Click here to read the full CDE Management Bulletin on emergency child care for essential workers. 

Additionally, the California Department of Social Services has released guidance on social and physical distancing for providers of child care.

Click here to read the full Executive Order.

USDA Issues Paycheck Protection Program FAQs

April 9th, 2020

USDA has posted a set of FAQs on the Paycheck Protection Program (PPP), a guaranteed loan program administered by the Small Business Administration (SBA). The purpose of the program is to support small businesses and help support their payroll during the coronavirus situation.

The PPP provides small businesses with funds to pay up to 8 weeks of payroll costs including benefits. Funds can be used to pay interest on mortgages, rent, and utilities.

Funds are provided in the form of loans that will be fully forgiven when used for payroll costs, interest on mortgages, rent, and utilities (due to likely high subscription, at least 75% of the forgiven amount must have been used for payroll).

Loan payments will also be deferred for 6 months. No collateral or personal guarantees are required.

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 in the program.

Click here to access the USDA FAQs. Be sure to scroll down the page to the Paycheck Protection Program section.

Click here to access a PDF of the FAQs provided by Congressman Frank Lucas (OK-3).