Last Day to Submit the Worker Protection Standard Concerns Brief Survey

May 28th, 2020

Western Growers, on behalf of the U.S. Government Accountability Office (GAO), is requesting your assistance with a brief six question survey regarding the EPA’s Worker Protection Standard (WPS) to provide congressional committees feedback regarding challenges and concerns with the designated representative provision. Please submit survey by May 29, 2020.

The GAO a federal agency under the U.S. Congress, is conducting a review on the impact of the designated representative provision of EPA’s Worker Protection Standard WPS. GAO began this work in response to a congressional mandate in the Pesticide Registration Improvement Extension Act of 2018. In this law, GAO is required to 1) conduct a study on the use of the designated representative, including the effect of that use on the availability of pesticide application and hazard information and worker health and safety; and 2) make a publicly available report describing the study, and any recommendations to prevent the misuse of pesticide application and hazard information, if that misuse is identified. GAO is conducting the study which will provide congressional committees with important information on EPA’s oversight and any potential improvements that can be made to future legislation and/or regulation.

As such, GAO is meeting with officials and representatives from several states to understand how states oversee and enforce compliance of the designated representative provision with the WPS. GAO is also speaking to non-governmental and industry groups representing farmers and growers to obtain perspectives about any particular challenges and concerns with the designated representative provision. 

Click here to begin survey.

LGMA Partners with Western Growers to Offer Remote Food Safety Audits During Pandemic

May 18th, 2020

IRVINE, Calif., (May 18, 2020) — Mandatory government food safety audits of leafy greens farms under the California Leafy Greens Marketing Agreement are continuing during the COVID-19 pandemic. Announced today by Western Growers (WG) and the California Leafy Greens Marketing Agreement (CA LGMA), is the availability of a new process developed through a collaboration with iFoodDecisionSciences (iFoodDS), that streamlines all verification documents and data for online review by government auditors.

This process will allow the execution of remote audits and has been reviewed and accepted by the California Department of Food and Agriculture, which has oversight of the LGMA programs and auditors. While in-person inspections may be temporarily limited to protect farm workers, farm office employees and government auditors, much of the LGMA audits are focused on reviewing verification documentation which can be presented in various forms, including large amounts of paperwork. 

“As an industry leader in produce safety, Western Growers remains committed to leading produce safety initiatives and solutions,” said Sonia Salas, WG assistant vice president of food safety, science & technology. “In a time where COVID-19 is testing all industries, this new auditing process will support food safety oversight during this pandemic.”

The system was developed over the past few weeks, has been tested and is now available to certified members of the LGMA who are audited an average of five times over the year.

“We were able to use this new process in a real audit situation and it worked extremely well from start to finish,” said Sharan Lanini, Director of Food Safety for Pacific International Marketing and chair of the LGMA’s Technical Committee. “This is a great development in the government audit process.”

“The streamlining of data and verification documents online is a really positive outcome of our ‘new normal,’” said Diane Wetherington, Executive Chair of the iFoodDS board. “The use of iFoodDS software will not only save the auditors time, but it will allow them to more efficiently assess compliance with LGMA food safety metrics through the use of a consistent online verification system.”

“When the LGMA began in 2007, it was the first program of its kind in the nation. As we navigate through these unprecedented circumstances, the LGMA program continues to find innovative ways to move forward and achieve its objective of advancing food safety for leafy greens products,” said Scott Horsfall, Chief Executive Officer of the California LGMA. “This new auditing system is another example of the pioneering spirit of the LGMA and its commitment to find new and better ways to enhance the safety of leafy greens.”

WG has worked with the AZ and CA LGMAs since their inception in 2007 and is currently the facilitator of proposed changes to the LGMA food safety guidelines. WG continues to explore and support new ways to enhance food safety efforts, particularly in these challenging times.

 

About California Leafy Greens Marketing Agreement:
The California Leafy Green Marketing Agreement (LGMA) was formed to protect public health by reducing potential sources of contamination in California-grown leafy greens. LGMA membership requires verification of compliance with the accepted food safety practices through mandatory government audits.

About iFoodDecisionSciences:
iFoodDecisionSciences is a leading provider of food safety and process control data management software solutions for growers, shippers, packers, processors and distributors. iFoodDecisionSciences’ client-centered SaaS offerings provide easily accessible database and underlying analytics for regulatory compliance and process improvements. iFoodDecisionSciences is privately held. 

About Western Growers:
Founded in 1926, Western Growers (WG) represents local and regional family farmers growing fresh produce in Arizona, California, Colorado and New Mexico. WG members and their workers provide half the nation’s fresh fruits, vegetables and tree nuts, including half of America’s fresh organic produce. For generations WG members have provided variety and healthy choices to consumers. Connect with and learn more about Western Growers on the association’s Twitter and Facebook

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The WGCIT Turns 5: A Look Back At Its First Years

May 20th, 2020

It’s been nearly five years since Western Growers shook the future of farming as it set out to open one of the first agricultural technology centers in the United States. December 10, 2015, marked an important moment in agtech history as the Western Growers Center for Innovation & Technology (WGCIT) became the only technology center in Monterey County aimed at bringing innovative entrepreneurs together with farmers to facilitate creative solutions to the biggest challenges facing agriculture.

“Salinas is the salad bowl of the United States, and its proximity to Silicon Valley and the Bay Area makes the region ideal for cross-pollination between the ag and tech sectors,” said Tom Nassif, former president and CEO of Western Growers. Nassif launched the Center under his regime.

“This city provides, both figuratively and literally, the fertile ground technology companies need to connect with farmers and perfect their innovative solutions to the biggest challenges facing the ag industry,” Nassif said at the time.

Since first opening its doors with just six start-up companies, the WGCIT has housed more than 75 companies all striving to develop cutting-edge technologies that will benefit fresh produce farmers and the specialty crop industry as a whole. Today, the center houses 50 companies working on everything from mechanization and irrigation management to food traceability and precision agriculture.

“We are so much more than just an incubator and accelerator,” said Dennis Donohue, director of the WGCIT. “Being a tech center, we are in the unique position of representing a cross-collection of folks—those who build the technology, invest in the technology and ultimately buy the technology.”

Over the past five years, the WGCIT has ushered in a new, more intimate agtech experience and has arrived at the point where it has become a recognized international leader in specialty crop innovation and technology. Below tracks the evolution of the WGCIT.

2015

Grand Opening: The WGCIT officially opened its doors, providing start-up companies with access to hot desks/work stations, amenities of a traditional office and regular programming—classes, workshops and networking events—designed to provide them with the business knowledge and customer relationships they need to successfully bring their technologies to market.

Forbes AgTech Summit: Forbes Media hosted its first AgTech Summit in Salinas Valley, where Western Growers was a strategic partner and has been every year since. The summit, which features the WG Innovation Showcase, was among the first efforts in WG’s major initiative to speed innovation that solves problems for our members.

2016

WGCIT Scholarship Program: With funding from Wells Fargo, the Western Growers Foundation established a scholarship fund for agtech startups. The WGCIT Scholarship Program is arguably the first scholarship program of its kind providing the winner with residence at one of the country’s premier agtech incubators. To date, 20 scholarships have been awarded.

2017

First Exit: Trace Genomics becomes the first startup to successfully exit out of the WGCIT, launching the first scalable soil microbiome test to enable the early prediction of soil diseases, soil health and crop quality. They were followed by HeavyConnect, TracMap, and Tailwater Systems who “exited” the WGCIT in 2019. Though all four startups grew large enough to expand their operations out of the Center, they are still involved in many WG and WGCIT happenings.

AgSharks: WG partnered with S2G Ventures (Seed 2 Growth) to launch a groundbreaking initiative to identify key innovations in the fresh produce industry, called the AgSharks® Competition. AgSharks is a live event, hosted at the WG Annual Meeting, where start-up companies compete for equity investments totaling up to $250,000 to support the development and growth of their businesses, as well as for farm acreage to pilot their technologies. To date, a total of $3 million has been awarded to four startups (Hazel Technologies, AgVoice, Augean Robotics and mobius pbc).

2018

AgTechx: As part of the WG’s key focus to bringing agricultural technologies to farmers, the Center created AgTechx—signature events where growers, researchers, technologists and entrepreneurs gather in key agricultural production areas for riveting discussions about future farming technology. The first AgTechx event launched in Brawley on February 8, 2018, and has since been held in Reedley, Coalinga, Delano, Sacramento and King City. In total, more than 1,000 people have attended the AgTechx events.

2019

Automation Initiative: WG officially launched its Automation Initiative—an industry-led initiative designed to accelerate field automation progress with a primary focus on field harvesting. WG/WGCIT gathers growers, agtech entrepreneurs, venture capitalists and leaders from technology companies to collaborate on strategies and tactics, as well as create a roadmap, to make the integration of automation more accessible to farms of all sizes and crops.

Grower Trial Network: WGCIT kicked off the first meeting for its Grower Trial Network—an organized group of WG members who trial and evaluate technology coming out of the WGCIT. The group, which is led by Future Volunteer Leaders and supported by WG board members and the Center’s sponsors, holds its annual strategic planning session at Harris Ranch, where they discuss how to further accelerate the development and availability of technology that will enhance the competitiveness and profitability of the specialty crop sector.

Voices of the Valley Podcast: WG created its first podcast: ‘Voices of the Valley.’ The podcast features WGCIT Director Dennis Donohue, as he interviews leaders in agricultural technology and innovation on new solutions for today and tomorrow’s challenges. The podcast currently has 60 episodes and has been downloaded more than 6,500 times.

2020 and Beyond

In addition to developing and enhancing ongoing agtech initiatives, the WGCIT looks to further establish itself as a global stop in the agtech world.

“We have succeeded in becoming a destination for innovation on a global level,” said Donohue. He notes that when international consulates and organizations visit Salinas they request to see the WGCIT to learn what technologies are coming out of the Center and what initiatives are being developed.

“We’ve already formed strategic partnerships with New Zealand, the Netherlands and most recently Canada,” said Donohue. “As we continue to advance the development of solutions and adaptations for our members, we’re evolving into a tech center that is a key player in the global agtech ecosystem.”

On a more local level, the Center will continue to act as a “concierge” service, connecting WG members with WGCIT startups who are developing technologies that directly meet their specific farm and commodity needs. “We know who all the players are, so we are able to fill the gaps and be the direct line between innovators and growers—all with the hopes of rapid commercialization,” said Donohue.

Numerous startups have grown and flourished through their involvement with the Center, including Concentric Power, which built a cogeneration system for Taylor Farms and True Leaf Farms; Concept Clean Energy, which recently completed a solar trial at Huntington Farms; and FarmWise, which just raised $14.5 million to continue development of its autonomous weeding vehicle. Additionally, many of the startups that more recently joined the Center are moving and shaking, building both their technologies and teams. Among them are AgTools, which will use its recently awarded $200,000 from the San Diego Angel Conference 2020 to further enhance their tool that aggregates immense amounts of data and simplifies it down to key factors to improve decision-making for farmers, suppliers and buyers; Naio Technologies and Tensorfield Agricluture, two companies now working with WG growers to perfect their autonomous weeders; and Germany-based Novihum, which is successfully growing its team in Salinas and breaching the California market with its revolutionary soil enhancers.

To assist startups, as well as WG members, in building their workforce, the WGCIT also plans to invest in becoming a career-advancement learning center. The Center has plans to serve as an “agtech academy” where students and ag industry employees will learn how to use emerging technologies to advance agriculture through hands-on learning modules, real-world demonstrations and educational programs.

“The future of agriculture is becoming increasingly technical and the agriculture workforce is not keeping pace with the technological developments of the industrial world,” said Donohue. “The key to rapid adoption is upgrading the skills of the current and future workforce on the farm. We, as a tech center, will make that education a necessity.”

The original vision of the WGCIT serving as a hub for the accelerated development and rapid deployment of innovative solutions to help farmers feed more people with fewer inputs still hold true today. Over these past five years, the Center has incrementally evolved and will continue to expand its offerings to further transform the agtech space in both the United States and around the world.

Women on the Front Lines of Leadership at Booth Ranches

May 20th, 2020

The world is currently facing a pandemic that has severely shaken every industry, company and employee. It is during these high stress situations that a company’s workforce either flourishes or falters. Luckily for Loren Booth, she had the right players in place before coronavirus infiltrated the world. These employees are leading the charge in adapting the company’s protocols to prevent and minimize the spread of COVID-19. Among them, many are women.

“It’s interesting how different people act and communicate during hard times,” said Booth, president/owner of Booth Ranches. “At Booth Ranches, we value people who are forward thinkers and good team players. The ones who show up, step up and volunteer to solve issues when they arise. This crisis has brought to light the employees who are there to find solutions.”

When most Americans were gearing up to “shelter in place,” Booth tasked her staff with flipping typical contact-heavy activities into “social distanced” possibilities. This would allow Booth Ranches to continue to provide safe and nutritious citrus varieties for the nation, while keeping the farm’s 600 workers safe.

Stacy Thompsen, who leads the IT Department for Booth Ranches, stepped up to the plate. Thompson and her team of three rolled up their sleeves to help all employees rapidly and efficiently transition from an in-person office setting to a work-from-home model. Though Booth Ranches was an early adopter of going paperless, Thompson expedited the process throughout the entire organization within weeks in an effort to maximize social distancing and prevent any spread of the virus.

“When truck drivers arrive, they hand us a piece of paper. When bins leave the field or packing house, there is an exchange of paper. There’s paper involved in many aspects of farming, and Stacy quickly figured out how to make it all paperless,” said Booth.

In addition to helping the company still run like a well-oiled machine during the pandemic, the commitment of Booth’s leadership team to the employees is unmatched. Alex Rios, the human resources manager at Booth Ranches, works 13-hour days to ensure that the needs of all employees—from the field to sales to the packinghouse—are met, while the company’s chief financial officer (CFO) vigorously fought to overcome COVID-19 just to be part of the effort to feed the world.

Teresa Barone, who Booth recently hired to serve as CFO, contracted and beat COVID-19. While battling the virus, Barone insisted on working from home and as soon as she fully recovered she was back in the office to support the industry.

“I suggested a slow transition back but Teresa is tough and couldn’t wait to get back to the office. She’s the kind of leader who is not afraid to jump in, take chances and ask, ‘What are we going to do about this?’” said Booth. “Women are strong and they get it done.”

In addition to hiring women to fill executive level positions, Booth Ranches makes it a priority to identify and develop future leaders within the company. Tracy Jones joined the farm in 2009 and worked her way up the ranks to now serve as the vice president of sales and marketing. Similarly, Moniza Zaragoza came to Booth Ranches through USA Staffing—the staffing organization that supplies workers for the farm’s two packing plants. After years of continually stepping up and identifying innovative solutions to improve efficiency in the packing house, Zaragoza was hired by Booth to be a lead at Booth Ranches Plant 2.

“I love to hire from within and see people grow like a dandelion. It’s my favorite part of the business,” said Booth.

Booth has developed a culture of growth, where employees are supported in their pursuit of a higher education and have ample opportunities to participate in professional development activities. Since taking her entire farming operation in-house in the year 2000, Booth has sponsored numerous children of employees in their quest to receive a university degree. Additionally, in an effort to promote personal and professional growth, she hosts workshops and sends employees to classes where they can learn additional skills and enhance their knowledge. She also encourages her staff to apply for opportunities such as the California Agricultural Leadership Program to gain the training needed to be an effective advocate for the agriculture industry as well as a driving force within their own organization.

Similarly, Booth Ranches has a well-established internship program that often hires interns as employees. Booth remarks how her pest department’s most recent hire, Georgina Reyes, worked three summers at Booth Ranches while attending Fresno State and today, she is in charge of maintaining a majority of the north region of the Booth Ranches properties. She joins Kaycee Reeves as the second female Agricultural Pest Control Advisor for the farm.

“The fact that we have two women PCAs is quite unusual in the agriculture industry. To add to that, we have Tracy who leads our sales department. I don’t know many organizations in California where their head of sales is a woman,” said Booth.

Booth notes how establishing a strong female presence among the executive team and throughout the organization was unintentional, however, incredibly beneficial. She is proud to oversee and be part of a company that has broken the mold of the typical male-dominated agriculture industry.

“We have not only been open to hiring women, but we have been successful at it. I encourage more companies to do it,” said Booth. “A shout out to the men that work for us, too. No matter what the gender, we have a terrific team.”

Today, women comprise a substantial percentage of Booth Ranches’ full-time workforce.

Fieldin: Real-Time Spray Tech Startup Started by Growers for Growers

May 20th, 2020

By Cory Lunde and Stephanie Metzinger

When Boaz Bachar and Iftach Birger founded Fieldin in Israel seven years ago, the millions of dollars they saved growers in pest management in such a short amount of time was impressive. The start-up company has now brought its smart sprayer to the California market to help Western Growers members and the specialty crop industry achieve the same results.

Western Grower & Shipper recently had the opportunity to discuss sensors and smart farm platforms with Fieldin, a resident of Western Growers Center for Innovation & Technology. Bachar, Fieldin’s CEO and co-founder, shared his insights on how his startup’s technology can improve visibility in field operations such as harvesting, spraying and other mechanical cultural practices.

 

Western Grower & Shipper: What agricultural problem does your technology solve?

Boaz Bachar: In commercial agriculture, there is a lack of remote visibility in terms of field operations. This is especially true with particularly the specialty crop markets.

For example, we have growers who can have dozens of machines and rigs running at the same time, across multiple locations and spread out all over the state. They have to manage all of that equipment and all of the operators, while ensuring they’re being as efficient as possible. Growers need actionable data and they need it in real-time. That’s what Fieldin’s Smart Farm Control Center gives to our growers—the ability to manage all of their operations remotely, in real-time.

WG&S: Can you share more about what your technology offers?

Our mission is to help improve field operations with actionable insights. Fieldin’s sensors and smart farm platform allow growers to remotely manage and monitor field operations in real-time, giving managers actionable data that improves efficiencies during spraying, harvesting and other cultural practices.

WG&S: What are the core values of your company?

BB: Fieldin is a company started by growers for growers. Iftach Birger, my co-founder and Fieldin’s COO, was born and raised on a three-generation farm in Israel where he grew olives, almonds and wine grapes, and I married into a family of avocado growers. As growers, we understand the importance of developing a solution tailor-made for farmers.

Our goal has always been to work as close as possible with our growers and provide them value. We make it a priority to assist with whatever we can in the field to improve their bottom line. Whether we are making their harvest activities more efficient or ensuring that they’re applying chemicals in a manner that produces the most yield, we provide growers with a layer of data that optimizes operations and allows them to be as productive as possible all season long.

WG&S: Describe some of the early challenges and successes your start-up company has experienced.

BB: California agriculture is a lot more spread out and farms at a larger scale than the farms we first starting working with as a startup in Israel. Understanding this helped us realize how important it was to have boots on the ground. Today, we have a grower support team comprised of regional experts who work hand-in-hand with growers to train their staff. They also customize our reporting and alerts to meet the specific needs of each growers’ unique operation. Even in our current climate where many companies are cutting back their workforce, Fieldin continues to expand our grower support team.

In agtech, you’re only as successful as your support team. And if you don’t support your growers and help mold your platform to their needs, you’re not going to see large-scale adoption of your technology.

WG&S: What is your three-to five-year-plan? What does your company look like in 10 or 20 years?

There’s some uncertainty with the economy right now, but Fieldin recently closed a major round of funding and our company is as strong as it has ever been. We currently work in specialty crops in California, Israel and Australia, and are expanding rapidly. We’re coming off our best quarter in company history, and we have emerged as the market leader in terms of remote farm management platforms for specialty crop growers.

As far as in the United States, in the next three to five years, we see our smart farm services going beyond specialty crops in California and serving growers nationally. We will also be able to help out managers across the supply chain to improve transparency and operational efficiencies. We’re excited to see just how far we can take the company and provide additional value to the agriculture and food industry.

WG&S: Can you discuss examples of your technology in the field? Have you demonstrated any positive return on investment—or ROI?

BB: During the almond harvest season this past fall in California, Fieldin’s Smart Farm Control Center helped a grower identify inefficiencies that reduced labor and harvest operation costs by more than 30 percent. Because of that quick ROI (in just two weeks in this example), customers are relying on Fieldin data to make operational decisions, make their schedules and cut back on rising costs such as chemicals and labor.

WG&S: Tell us about your experience as a resident of the Western Growers Center for Innovation & Technology.

I can’t stress how important it is to have boots on the ground and partner with growers to determine their needs rather than push your technology on them without user feedback. Joining the Center three years ago has given us a better understanding of the vegetable market in the Salinas region and has helped us interface with more growers and partners throughout the area.

It’s also inspiring to see all of the great technology coming out of the Center. We feel it’s important to give back and help the industry and the next wave of startups as often as possible. We thank the Western Growers Center for Innovation & Technology for all of the support and innovation they’ve harnessed over the years!

WG&S: Do you have anything else you would like to share with Western Growers members about your company?

BB: In a recent survey with our customers, every respondent said we had made a significant difference on their operation over the past year. That’s a pretty powerful statement because your technology needs to not only be good, but it needs to show a clear and fast ROI for growers to adopt it—especially at the size and scale of the companies we’ve been fortunate to work with. It’s exciting to hear we’re making a difference on farm operations here in our own backyard!

Best Practices to Build a Resilient Supply Chain During COVID-19

May 20th, 2020

By Mark Petersen, Vice President of Temperature Controlled Transportation, C.H. Robinson

Do you know how your supply chain will recover after the disruption of the COVID-19 health crisis has passed? There are several important steps you can take now to address this concern and be prepared for the future.

Businesses that weather disruption the best take proactive and dynamic approaches to their supply chains. Successful businesses and supply chain leaders engage customers and suppliers early and often. They have open and transparent conversations about the steps they have taken to strengthen their supply chain responses, such as health and safety efforts and forecasting.

Here are four best practices to increase the resiliency of your supply chain:

  • Hold regular supplier meetings: Gather produce, retail, food and beverage, and logistics and transportation suppliers together for reoccurring calls to discuss business continuity efforts and current needs. This is critical to support shippers today. Leverage these meetings and professional resources to create a foundation for the following best practices.
  • Plan for future demand: Determine now what indicators will best inform your demand forecast as product demand returns. Triangulate information such as complementary industries, proxy industries, or economic indicators that can provide demand-related insights earlier. Also, note the product itself. Product destined for foodservice or processing is generally a different grade and specification than what is expected for retail. This will be crucial to planning. When entering produce season, we could potentially see a higher level of demand for product destined for retail consumption. This is likely to be due to the impact of COVID-19 and the redistribution of demand and a higher percentage of consumption occurring in the home.  This will lead to additional imbalances in what product is available to meet the demands of the consumers.
  • Bolster extended supply chain resiliency: Capture insights on supply node dependencies, gaps, and abilities for the extended future. As demand returns, identify the capabilities and limitations of moving into a post COVID-19 environment which impact lead times. Keep in mind that as we see schools and restaurants reopening, it may be in a different way than before, at least for a while.
  • Create long-term transportation strategies: Modal networks are out of their optimized patterns, which means carriers may not be in locations they are used to being in or when they need to be. Pre-planning helps identify potential gaps in coverage. Predict how consumer demand changes could shift full truckload shipments into the LTL market, or vice versa. Temperature-controlled shipments could shift some volume from the LTL space to consolidation due to congestion from undelivered freight. Best in class shippers already leverage a broad portfolio of modes, in an effort to minimize disruption today and to plan for realignment challenges. Shippers should know there are options for freight to seamlessly shift across the modal portfolio.

While the unprecedented daily challenges we face make post-COVID-19 predictions difficult, your business can take critical steps now that will ensure supply chain continuity during this crisis and into the future. C.H. Robinson’s business continuity plans ensure we can continue to operate during (or following) serious incidents or disasters. Our crisis management team has been closely monitoring COVID-19 and is taking steps to ensure the wellness and safety of our employees while we execute remote readiness plans.

As COVID-19 continues to impact supply chains around the globe, we want to ensure our customers and contract carriers are prepared, and that we are able to serve them during this volatile market. In addition, you can rely on our temperature controlled experts with knowledge in key commodities to help you secure the right capacity to move your sensitive freight. To learn more, visit www.wga.com/logistics or www.chrobinson.com.

Food Safety, Security, and Defense in a Pandemic

May 20th, 2020

Just a few months ago, no one knew that SARS-CoV-2 existed. As of April 17, 2020, the virus had spread to 185 countries, infecting more than 2.2 million people worldwide. By the time you read this, those numbers will have increased even more. SARS-CoV-2, the virus responsible for the coronavirus disease 2019 (COVID-19), has disrupted our society, crashed economies, broken health-care systems, filled hospitals and emptied public spaces around the world.

A global pandemic of this scale did not come as a surprise for many health experts who have been saying that the United States was not prepared for a pandemic. Pandemics can have several impacts and test the resilience of not just the most modern heath care systems, but also of food supply chain systems.

With globalization, the food supply chain has become very complex. The movement of food from farm to fork is not as simple as it once was. Every step in the food supply chain must function properly to maintain the system working well, otherwise the whole supply chain is affected.

After the world first became aware of the full extent of the coronavirus situation in China, news reports focused on how the lack of exports from China was affecting businesses worldwide. When the outbreak in China became a pandemic, companies started focusing on supply chain diversity from a risk management perspective to ensure production could continue even if one supply pipeline is substantially reduced or completely shuts down.

In an April 17, 2020, Market Watch report, Mark Allen, chief executive of the International Foodservice Distributors Association, stated that the $3 billion foodservice industry had seen a decline of 60 to 90 percent due to COVID-19. The reduced foodservice demand is a direct result of actions taken to mitigate this disease such as closures of restaurants and schools. Changing from producing and processing food items for foodservice clients to preparing food for retail sales has also been a difficult and long process for food producers and manufacturers.

According to the 2015 article, “How Resilient is the United States’ Food System to Pandemics,” there are alarming gaps in preparedness, and the authors highlight the need to improve the resilience of our food system. Given that resilience refers to the ability to prepare for, withstand, and recover from a disruption or crisis—our food supply system is being tested.

Using a system dynamics model to demonstrate the likely effects of a pandemic on the USA’s food system, a severe pandemic with greater than a 25 percent reduction in labor availability can create significant and widespread food shortages. At the time I am writing this article, no food shortages have been reported. The U.S. Food and Drug Administration has stated that the United States does not have a food shortage issue, but instead that it has a distribution and demand issue. However, the fact that most produce businesses are part of a global supply chain raises questions about the resilience of the food supply in the United States.

To improve the resilience of the food supply, a comprehensive approach that addresses food safety, food defense and food security must be implemented. This starts with the ability to access sufficient, safe and nutritious food to meet dietary needs and maintain a healthy lifestyle (Food Security). Ironically, more and more food is being imported into the United States, challenging that ability. In addition, while a globalized food supply can bring new opportunities, it can also bring challenges related to the protection of food products from intentional contamination or adulteration (Food Defense) and from unintentional contamination (Food Safety).

In order to implement a comprehensive approach that enhances the resilience of our food supply, future risk management planning should take into consideration food safety, security and defense scenarios to define the best practices moving forward.

For instance, considering food safety: Workers’ health is a central part of every food safety program where practices are implemented to ensure workers do not contaminate food. However, most of us, did not fully consider the extra mitigation measures necessary to protect workers from infecting each other at such scale. While current hygiene practices—handwashing, cleaning and sanitation—support both food safety and workers’ safety, the produce industry has had to adjust to implement extra mitigation measures.

And what about food defense? Now, it may be easier to imagine potential large-scale threats that could significantly alter daily activities and people worldwide if they were applied to our food system. The lesson to note here is that situations derived from large-scale threats should be considered when conducting a vulnerability assessment and evaluation of a food defense plan, and food defense practices should be applied through the entire food supply chain.

When it comes to food security, it is much easier to see how food availability and choice were affected by the pandemic. When countries started shutting their borders to prevent infected persons from entering, food imports and exports were also interrupted. Grocery stores that had long abandoned the practice of keeping large inventories in warehouse storage, scrambled to secure new shipments of shelf-stable and paper products. With the uncertainty around food availability, some produce companies experienced decreased sales as customers shifted purchases away from perishable fruits and vegetables to shelf-stable products. Ironically, they abandon what many scientists recognize as the best medicine in the world, a diet rich in fresh fruits and vegetables.

What each company learns from this pandemic experience, and the changes that will be made going forward, may differ, but let’s use lessons learned to improve and strengthen our food supply chain. We should be taking a holistic approach that includes food safety, security and defense to be better prepared for the next unexpected event.

Legislator Profile: Senator Hurtado, Following the Central Valley Dream

May 20th, 2020

To many, Melissa Hurtado is an energetic American politician serving in the California State Senate. While this is true, Senator Hurtado’s background and upbringing reveal how she came to be the determined, persevering female legislator representing California’s 14th Senate district.

Melissa Hurtado knows firsthand what it means to achieve the American dream. She was born to two immigrant parents just 13 miles from Fresno, California, in a city named Sanger. While many immigrants come to the United States in pursuit of the American Dream, Hurtado’s parents moved to Sanger specifically to achieve what she refers to as the “Central Valley Dream.” Although the nature of the two dreams are homogeneous, Hurtado’s parents saw more opportunity in California’s Central Valley, reassuring themselves that Sanger would be where they would officially start laying the foundation for their family’s economic and personal growth. Little did they know that not only would their decision to immigrate afford them the opportunity to take the first step on the American economic ladder, but their future daughter would grow up to make her mark in the California State Legislature, representing Sanger and surrounding areas.

After earning her degree from California State University, Sacramento, Hurtado returned to the Central Valley as the first in her family to graduate from college. Employing the tenacity her father instilled in her, her mother’s innate perseverance and her own passion for prosperity within her community, Hurtado worked as a community organizer for public employees fighting for fair wages, healthcare coverage and retirement security. With a flair for advocacy, she transitioned from a community organizer to a Sanger city councilmember in 2016. Championing some of the same issues as her previous role, Hurtado’s efforts intensified. As a councilmember, she assisted in the creation of high-wage jobs, balanced a budget and built a reserve—all without tax hikes.

Hurtado was a driving force in implementing change that improved the lives of the Sanger community, and she wanted to build on that momentum by taking her advocacy efforts to a state level. In 2018, she ran a campaign that advocated for access to healthcare, quality schools, good-paying jobs and the opportunity for a better life and was successfully elected to the California State Senate to represent the 14th Senate District.

Recently, Hurtado shared few takeaways from her experience thus far with Western Grower & Shipper. First, she quickly learned that it is virtually impossible to accomplish everything in your first year in office, especially alone. Her first year of work also highlighted the importance of agriculture and the agriculture economy to her district and the nation.

 “Anytime there is any type of request or proposal, I always ask, ‘How does this impact my Senate district’,” she stated. Senator Hurtado recognizes and understands the needs of her constituents and relentlessly strives to accommodate those needs. “I want what my district wants. My district wants jobs, they want healthcare, and they want water.”

California’s 14th Senate District is heavily populated with key agricultural production areas, including parts of Fresno, Kern and Tulare counties and all of Kings County. As a product of her hometown, agriculture has had an undeniable impact on Hurtado since her childhood. Representing such a heavy ag district now, she has a special relationship and an evolving perspective of agriculture.

In light of the recent COVID-19 pandemic, issues surrounding agricultural essentials, such as water, are top priority now more than ever. Hurtado and her aides have been speaking with locals to address issues as they arise; collaborating with city officials to secure additional beds and resources; and working with Governor Gavin Newsom to secure funding to mitigate the spread of the virus.

More specifically, as the pandemic continues to plague the world, Hurtado is focused on catering to the needs of growers in her district so they can continue growing the safe and nutritious fruits, vegetables and nuts that feed the world. The senator maintains an open line of communication with growers and ranchers in the district, providing them with a way to address their grievances.

Prior to COVID-19, Senator Hurtado and some of her colleagues were spearheading awareness efforts regarding California’s water supply—as seen through California Senate Bill 559 (SB 559), a bipartisan bill seeking to address the failing infrastructure of the Friant-Kern Canal. Despite the pandemic, she continues to strategize ways to secure funding for SB 559 to ensure that growers have the water supply necessary to feed the world.

The virus has made it hard for anyone to find downtime, especially politicians. But when she does manage to find leisure time, Senator Hurtado prefers to spend it hiking or reading a book.

With her first term underway, Senator Hurtado has plenty of time in the California State Senate. However, when it ends and she has completed her service, the one thing she hopes people remember about her is her determination. She wants her legacy to reflect her caring spirit.

“I want to be remembered as someone who cares about everybody, from producers to workers. I want to be remembered as someone fair,” said Hurtado. “I want to make sure that when I leave office, our local economy is strong and that our families have access to good jobs and quality education and healthcare. I want our community to be well.”

Biologicals Finding Mainstream Applications

May 20th, 2020

While biological crop protection tools may be introduced to many specialty crop growers as an allowable product for organic production, companies in the biotech space believe their best application is as part of a cocktail for any crop, including conventional production.

In fact, Pam Marrone, founder/CEO of Marrone Bio Innovations and a 25-year veteran in biological-based products, believes that integrated applications of conventional chemicals and biologicals often perform much better than a chemical-only cocktail, with far less environmental impact or worry. She believes that while perceptions are being altered, biologicals continue to be underrated precisely because they are not tested in the same manner as their synthetic chemical counterparts.

She said pest control advisors and researchers, even those affiliated with the university agricultural programs, don’t do justice when examining bio-pesticides. In today’s farming environment, she said products are almost always used in a cocktail approach. Yet when experts are testing the efficacy of a biological, they often do it as a standalone product and claim it does not stand up against what they are currently using, which is typically a combination of chemicals. “We tell them that is not how it is being used and that’s not how it should be tested,” she said. “The best bet is a biological with a chemical product. That’s where you show your ROI (return on investment).”

She continued by rattling off a number of Marrone Bio trials that have paired products with chemical to solve a host of problems. Marrone Bio, which was founded in 2006, has an impressive list of biologicals that are in use every day solving pest problems for both conventional and organic growers. She said organic growers love biologicals and do not have to be convinced to give a new one a try. But she admits that the sheer number of conventionally grown crops makes that sector the growth driver for all crop protection tools, even biologicals.

Marrone continues to advocate against what she calls the “old paradigm,” which is veteran university researchers not giving biologicals their due. “That is beginning to change especially among the younger generation of researchers” she said. “It depends on the age of the researchers…I’m not an ageist but it is a generational thing. There are researchers in Cornell looking at all-biological program on fireblight. And there is a team at the University of Florida who have come up with an all-biological program against the Asian Citrus Psyllid. It all depends on how you design the test.”

Using business growth as a barometer, it appears the biologicals are coming out of the closet so to speak. Marrone said her company registered 38 percent growth over the last two years and revealed that it continues to add to its list of products and continually adds new crops to the labels of existing products.

Marrone also noted the growth in the industry as both start-ups and large chemical companies have biological crop protection programs in the works, and have products on the market or soon will.

One such firm is AgBiome, a biotechnology company located in Research Triangle Park in North Carolina. The firm was launched in 2012 and has developed partnerships with some leading agricultural companies to collaborate and bring innovative products to market.

Jim Spadafora, director of field development and technical services, recently discussed the company’s evolution with Western Grower & Shipper. He said the key to the firm’s success is its proprietary Genesis platform. The platform combines advanced data science, the companies’ collection of fully-sequenced microbes and targeted bioassays. Genesis allows the company’s researchers to efficiently screen thousands of microbes for their relevant application in agriculture. The company currently has fully sequenced genomes of more than 75,000 microbes. He said AgBiome will be able to bring biologicals to market more quickly as the process can both identify and rule out microbes for a specific application, such as a particular pest or disease.

The company’s first product on the market is Howler fungicide, which it calls a “fungicide like no other.” Spadafora said it has many different modes of action that gives it high efficacy on different crops and diseases, as well as fungi resistant to other products The company says it provides preventative, long-lasting activity on a long list of soilborne and foliar diseases including botrytis, collectotrichum, phytophthora, pythium and rhizoctonia. It is most commonly used on a number of specialty crops, including berries and vegetables. Unlike many biologicals, it has no special handling requirements. Howler gives the grower flexibility, with a 0-day pre-harvest and minimal re-entry intervals.

AgBiome has several other products in various stages of development and Spadafora expects additional products to be registered for use in the next several years.

While Howler can work alone on a variety of crops, the AgBiome executive agreed that integrating biologicals into a chemical program is often a very effective way to use those products. It reduces use of synthetic fungicides and opens up the conventional world to biologicals.

Speaking to the reputation of biologicals, Spadafora said that while there may be some lingering reticence from some, any stigma that might have once been there is largely gone. Biologicals, he said, go through a “very, very rigorous testing process and if they don’t work, we are not going to put them out there.”

He said the value of the sector is apparent as the need is there to replace synthetic chemicals that are being removed from use by regulators. Biologicals offer an option that the grower needs.

Another company operating in the biologicals space is relative newcomer Boost Biomes Inc., which is a resident of the Western Growers Center for Innovation & Technology. The three-year-old company is headquartered in San Francisco and expects to bring its first biological—a fungicide—to market in the fall of 2022. CEO Jamie Bacher did caution that the lab facility, which is housed in a commercial incubation space, has been temporarily closed because of California’s COVID-19 shutdown. That may impact the ultimate launch date.

The company was co-founded by Bacher and his UC Berkeley bioengineering professor, Adam Arkin. The Boost Biomes team is using technology developed in Arkin’s lab. “Our proprietary discovery platform uses high throughput DNA sequencing, elective enrichment and advanced informatics to identify microbial products with important commercial roles,” is how the company’s website defines the process.

In a nutshell, the concept uses a statistical analysis concept to identify beneficial microbes. Bacher said the approach is faster and less expensive than traditional bioengineering methods and should allow the team to bring crop protection tools to the market faster.

Another key element of Boost Biomes business model is that it is partnering with crop protection firms, who at this point are anonymous, to help discover, develop and commercialize the ultimate products. Again, Bacher touted this approach as a quicker path to product registration and availability.

He said the firm’s first product, which has not yet been given a commercial name, has shown to be very effective against foliar diseases such as downy mildew on grapes.  It also is effective against both fusarium and verticillium wilt. “In the lab it has been effective on 14 different pathogens,” said Bacher, who noted that the company is targeting high value crops. For example, he said the biofungicide has proved effective against brown mold on peaches and blue mold on apples.

He added that the company’s approach is to work closely with growers and packers and determine what their needs are as Boost Biomes develops products and conducts trials. Like the others interviewed, Bacher said the while biologicals can be used as standalone products and have great value for organic production, their greatest efficacy is often in combination with other items, including synthetic chemicals.

He is a big believer in the crop protection ability that biologicals bring to growers, noting that all the multi-national chemical giants are investing in the space as the category’s future is bright. “My take is that growers and packers have a lot of openness to new products as long as the data is there to prove their worth.”

 

Precision Ag Offers Efficiencies

May 20th, 2020

Trimble Inc., best known in the farming community for its auto steer product used on tractors and other equipment, is, in fact, a world-wide company that provides technological solutions across a broad range of industries dealing with many different challenges.

Its agricultural division has a host of products that the company believes can easily improve everyday planning, decision making and overall strategy on the farm. “Leverage our proven technologies to operate efficiently, save on input costs, and improve crop performance and productivity,” says Trimble’s ag-centric website. “We provide solutions that solve complex technology challenges across the entire agricultural supply chain. Our solutions enable farmers to allocate scarce resources to produce a safe, reliable food supply in a profitable and environmentally sustainable manner.”

The company is a sponsor of the Western Growers Center for Innovation & Technology (WGCIT) as it is committed to be among the leaders in the agricultural technological revolution. As such, it is currently sponsoring a series of WGCIT-held webinars discussing the implementation of new precision ag technologies. Recently, three members of its North America ag team—Regional Development Manager Connor Anderson, Director of Sales Jesse Chisholm and Product Market Manager David Barton—met with Western Grower & Shipper to discuss precision ag and the role Trimble is playing in the space.

While many topics were covered, the major takeaway that the three executives repeated time and again is that the use of precision ag technology is only in its infant stages, and the possibilities for future utilization are almost endless.

Anderson noted that the auto steering system is the gateway technology to precision ag. Virtually all farmers have heard about it, with many utilizing an auto-steer system or at least know a neighbor that has one. In fact, most tractors sold today are already equipped with the means to hook into an automatic pilot program through the tractor’s hydraulic system. Once attached, the system provides automatic steering for the vehicle with one-inch repeatability, it utilizes terrain compensation technology for high accuracy on difficult terrain, reduces operator fatigue and increases safety, and can operate day or night in dusty or low visibility conditions.

Trimble’s proprietary “Autopilot” does all that…and can connect a farmer to so much more potential. An auto-steer system, by necessity, includes GPS capability and an in-cab screen. Those two items are used for the basic auto-steer but they also allow for the capture of so much more data that can help a farmer address many challenges.

“What sets us apart is our Trimble Connected Farm vision, our unified suite of precision solutions covering all aspects of modern agricultural management,” touts the company website. “From the office to the field, all year round, Trimble Connected Farm helps growers get critical farm work done smarter, faster and more efficiently. Through universal vehicle and implement integration, seamless data transfer and analysis, and the best positioning/corrections available, farmers can connect as much or as little of their operation as they choose, with easy options for expanding and upgrading as desired.”

Trimble goes to market through its network of exclusive, independently owned dealerships, according to Chisholm. He added that it is through these dealers that Trimble connects with the farm community. In fact, he said the dealer network is the linchpin for Trimble’s precision ag tools. “The grower’s first call should be to a dealer,” he said. “Our dealers work with growers to establish a customized plan to solve the issues they want to address.”

Anderson said that Trimble “customizes our approach to facilitate the market.” One grower might want to add spot spraying capability to his tractor while another could be focused on a different challenge, such as data collection. The auto-steer tractor is moving through the field on a continuous basis, it can be programmed to collect data, which can result is such efficiencies as lower fuel use as it maps a more efficient way to accomplish that particular cultural task.

“We want to understand the grower’s operational challenges and apply our precision ag solutions to remedy the challenge or make the process more efficient,” said Barton, who is the North American product manager.

While Trimble has a suite of products that interface well with its proprietary “Autopilot” system, Chisholm said the company and its dealers excel in taking an agnostic approach to the farm machinery that the grower already has or plans to purchase in the future. This advantage enables the grower to incorporate Trimble Precision AG as a centric solution across all the various field application performed by a variety of different machines.

Anderson reiterated that it all begins with a grower conversation. “What challenges do you want to solve—spot spraying, data management, post-harvest analysis? Growers understand their own operation. What information do you need to capture?”

Barton agreed, noting that there is not a cookie-cutter solution. Every situation is unique, but he did add that it starts with collecting data. “You can’t manage what you don’t measure.”

The trio of Trimble executives agreed that growers are understandably skeptical of new technology and new solutions to age-old problems. But they also are very bullish on the possibilities available to greatly improve a farmer’s efficiencies and, ultimately, their profitability.

ZAG Offers Managed IT to Ag

May 20th, 2020

For 22 years, ZAG Technical Services, based in San Jose, CA, has been offering managed information technology (IT) services to the fresh produce industry throughout the Central Coast.

With several offices in California, ZAG often acts as the IT department for many of its agricultural clients. It also interfaces with many in-house IT departments. For the past several years, ZAG has been a sponsor of the Western Growers Center for Innovation & Technology as it puts a lot of stock in the concept that technology can make companies much more efficient and cost effective, and that innovative technology is a major key in the ag industry’s future.

Recently several members of the ZAG team participated in a coronavirus-induced ZOOM meeting with Western Grower & Shipper to discuss the state of IT in the fresh produce industry and the services the company offers. Included in the meeting were Marketing Director Rob Collings, as well as Patrick Day and Nick Galiotto, both technical strategy managers for the company. Though ZAG has clients that are both small and very large in terms of employees, the interview revealed that it considers its sweet spots firms operating with 50-500 employees. The trio of ZAG executives also noted that its many clients run the gamut in terms of their IT sophistication.

There are many firms in the specialty crop industry that have up-to-date equipment with competent IT professionals utilizing that equipment to their best advantage. But of course, there are firms that are at the other end of the spectrum. The basic sentiment is that if you haven’t updated your system in the last five to 10 years, it most likely is out of date. That fact moved front and center as COVID-19 spread and companies tried to have their employees work from home. For many companies, the switch worked seamlessly. But the ZAG executives said a good portion of their time in March and April was spent trying to help companies transition to off-site computing to follow the spirit of the social distancing guidelines. Frankly, some firms just didn’t have the software or computer power to make it happen easily. It’s not as simple as taking your home laptop—the one your teenager uses for gaming—and plug it into the company system. It doesn’t quite work that way.

When a company is not up-to-date with its IT software and hardware, ZAG labels it as “technology debt”, and it will cost money to get out of debt. ZAG advocates that its client have a budget each year to upgrade their technology. Such a budgeting regimen keeps the company on the plus side of technology and avoids having a major expenditure in any one year.

Day said that when meeting with clients—either new ones or existing customers—the key is to find out where they are, what they need, where they are going and how does it align with business needs? He emphasized that to do a thorough job, ZAG wants to know the company’s business goals, not just its needs with regard to technology. It is this information that informs the IT services that the agricultural firm needs. ZAG defines a technology strategy review as a long-term roadmap that describes how a business will evolve its technology infrastructure to improve its overall business development.

Galiotto said a company might be working on product traceability, getting a better handle on labor needs or greater security might be the key. In fact, the ZAG executive said increased security is a universal need as companies are prime targets for hackers of all kind. Collings added wire transfer fraud is an increasing problem with hackers infiltrating your system and transferring funds illegally.

Each new device attached to your network represents another attack vector, and it only takes one device to compromise an entire network, disrupt business operations, or have a disastrous impact to the business. These threats are both a technology issue and a business risk. It is a reality, the more people working at home and connecting to the company’s network has increased the risk significantly.

In a nutshell, ZAG Technical Services Inc. endeavors to provide agricultural companies with a dedicated IT team that knows the produce industry, knows the world of IT and knows how to connect one with the other.

 

WGAT: An Open Letter to All WGAT Members

May 20th, 2020

We are all facing unprecedented challenges and obstacles related to the Coronavirus (COVID-19) pandemic. First and foremost, I want to assure you that Western Growers Assurance Trust (WGAT) is here for you. Regardless of the hurdles this pandemic has created for all of us, WGAT will continue to ride the storm and support the agricultural community as we have throughout our 60 years of service. After all, our WGAT members are not just our clients; they are members and part of the Western Growers family.

As such, WGAT is a business that provides services that are considered essential, so we will continue business operations as normal and support you when you need us. Like many other essential businesses, WGAT has transitioned 80% of its work force to remote work accommodations. Throughout our years in business, we have made significant investments in our technology. Our proprietary and innovative technology has enabled us to make this remote transition seamless and ensure we can continue to provide our members exceptional service.

During this crisis, we have made some changes to your benefits to enhance your access to care. The changes include:

•   Waiving cost sharing requirements for COVID-19 testing and screening and for the associated office visits. Office visits include telehealth, hospital, emergency department, urgent care and provider office visits. WGAT is waiving copays, deductibles, and coinsurance for these services. WGAT will not require prior authorization for medically necessary COVID-19 testing or screening, including a related hospital, office, telehealth, emergency room, or urgent care visit.

•   Waiving all copays regardless of diagnosis for doctor visits exclusively through our telehealth partner Doctor on Demand. This, of course, includes telehealth visits for COVID-19 screening.

•   Expanding telehealth services by making all telemedicine programs “in network.” If the claim pertains to COVID-19 screening, copays and deductibles are waived; if it is any other type of claim, they are subject to copays and deductibles.

•   Suspending prescription fill/refill limitations and refill waiting periods to allow enrollees to order a 90-day supply.

•   Waiving charges for prescription home delivery.

•   Streamlining drug access processes, such as step therapy and prior authorization. WGAT will continue to monitor the situation and will keep you updated on any changes that may occur. Our goal is to ensure all members have access to quality pharmacy benefits.

We’re Available to Answer Your Questions

Our members should expect the same level of excellence from WGAT. Our customer service team is on hand and ready to assist you, Monday through Friday, 7 a.m. to 5:30 p.m. P.T. at 800.777.7898. If you are unable to call during business hours, our automated system is available 24 hours a day, seven days a week and offers quick and convenient access to frequently requested information.

For additional communications updates from WGAT, you can visit our COVID-19 resources page here: http://www.wgat.com/covid-19-response. Our resources also include a prepared a document, where you can find all the relevant information regarding the $2.2 trillion economic stimulus package and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). It will take you through recent federal legislative and regulatory changes that can potentially impact your business as well as your employees. Be sure to bookmark our resource page and check back frequently for the latest information.

We’ll continue to actively monitor this pandemic in the coming days and weeks to ensure our team is prepared and ready to support you in any way possible. You can rest assured WGAT remains steadfast and focused on making sure we’re listening to our members and meeting your needs. I’ve never been more proud of the hard work and dedication shown by our team. Please know that we consider it a privilege to be able to serve our members and continue our operations, without interruption, through this trying time. Stay safe, and stay healthy.

In addition to serving as executive vice president of Western Growers Assurance Trust, David Zanze is the president of Pinnacle Claims Management, Inc.

Insurance Corner: WGIS’ Connected Worker Program Addresses Key COVID-19 Workplace Needs

May 20th, 2020

By Ken Cooper

In January 2020, Western Growers Insurance Services formally launched the Connected Worker Program, which monitors body mechanics in order to improve safety practices, develop injury prevention methods, and reinforce awareness of safety and a positive safety culture.

Both businesses and the regulatory community are adjusting to the COVID-19 pandemic, and the connected worker platform is uniquely designed to address key changes in the workplace. For example, in its guidance from March 19, 2020, the U.S. Equal Employment Opportunity Commission:

•   Relaxed their guidelines around an employer’s ability to take/record employee body temperatures;

•   Reiterated the CDC’s guidelines that employees who become ill with symptoms of COVID-19 should leave the workplace; and

•   Reinforced that the ADA does not interfere with employers following this guidance.

In response to these guidelines, and in the interest of protecting their employees from COVID-19, many employers have started to obtain and record employee body temperatures either at the beginning of a shift or at specific intervals during the workday.

The Connected Worker Program now allows employers to record and track body temperature, age, and any other documented pre-existing conditions of individual employees to both understand their risk(s) and to provide data for the employers. The reporting and communication tools also allow employers to quickly identify issues and communicate directly with workers about risks and behaviors.

Our new program is among the many resources we are continually developing for our members to help them navigate these uncertain times. We recently hosted a webinar with WG’s Legal and Science & Tech divisions that answered FAQs on workers’ compensation as it relates to employer obligations and challenges of COVID-19 claims; employment practices liability insurance; food safety; and worker health and safety best practices.

Here are some key takeaways from the Worker Safety for Essential Businesses Webinar:

•   Workers’ Compensation Claims: In the case of COVID-19, most workers claiming their exposure occurred at work will face a challenge to substantiate the workers’ compensation claim, which will be difficult to prove unless the worker has a documented case of being exposed to an infected person during the course and scope of their employment. Please note that this could change if more states follow the road taken by Illinois in implementing a rebuttable presumption, albeit temporary, that COVID-19 workers’ compensation claims will be compensable for first responders and employees in other essential operations.

•   Ex-Mod Rate: It’s a possibility that your business’ Ex-Mod (or Experience Modification Rate) will not be affected by COVID-19 claims. However, there are preliminary discussions currently taking place about excluding COVID-19 claims from the mod calculation and the final decision by the Workers’ Compensation Insurance Rating Bureau may be different.

•   Employee Safety Plans: You should develop COVID-19 Hazard Assessment Checklists and written supplemental employee safety plans (such as your written safety program or Injury and Illness Prevention Plan (IIPP)) specific to COVID-19. Western Growers Insurance Services has templates for this and can help you tailor them to your organization, if needed.

•   Employee Communication: Employee communication needs to be increased and transparent. This includes information on worker health and safety procedures; COVID-19 updates as they relate to your organization; and changes within your company. It should not be assumed that your employees are receiving information from any other source.

A recording of the full webinar is now available on the Western Growers COVID-19 Resources Page at https://www.wga.com/covid-19-resources-page. We also plan to host webinars regularly for the foreseeable future to answer any and all of your questions related to business insurance and the current COVID-19 pandemic as well as other topics germane to conducting your business operations.

Western Growers Insurance Services is here to assist you. We have a wealth of resources and services available to help you navigate your insurance needs during this tumultuous time. This includes guidance documents, worker safety templates, business insurance FAQs and expert advice—all tailored to the agriculture industry.

For questions or assistance, please reach out to me at (949) 413-8751 or [email protected].

 

You’re Excused! Force Majeure Clauses May (or May Not) Void a Contract

May 20th, 2020

Most commercial contracts have a force majeure clause. This little-used provision generally allows a party to escape their obligations under the agreement if performance under the agreement is stymied due to an “Act of God” or other unforeseeable event. During the coronavirus pandemic, many produce agreements have been terminated. But the pandemic is not a universal “get out of contract” card. It is anticipated that legal disputes will test the bounds of these clauses and boilerplate “Act of God” clauses will be supplemented with the now foreseeable pandemic as a force majeure event.

Pandemic: Force Majeur de Jure

The force majeure terms in many contracts are boilerplate and never contemplated a global catastrophe such as COVID-19, the disease that has killed more than 62,000 Americans as of this writing. Many companies have seen business come to a standstill as the result of state-imposed restrictions on travel and commerce that have made it near impossible to make good on their contractual obligations.

As restaurants, hotels, college dining halls and other meal providers have shuttered or scaled back purchases due to the coronavirus pandemic, growers and shippers who supply foodservice have gotten hammered as once lucrative produce contracts have been voided by buyers, who, in turn, have lost their customers. Industry meetings and trade shows have been cancelled due to government shutdown orders and travel bans.

But as with all agreements, we must look first to the contract language to determine if the force majeure clause will stick. A typical force majeure clause provides that performance under the agreement is excused if performance is prevented or delayed by any “Act of God” or “other cause beyond the reasonable control of the parties including, floods, storm, fire, strikes, war, interruption of power, or by any law or regulation.” But if the clause is too narrowly drafted, courts may construe the contract to excuse performance only if one of the specified conditions are satisfied.

The coronavirus pandemic has become a worldwide force majeure event. But it is not a given that the pandemic constitutes an “Act of God.” Courts will look to whether under the particular circumstances there was such an insurmountable obstacle occurring without the party’s intervention as could not have been prevented by exercising reasonable diligence and care. However, a business may be allowed to continue to operate during the outbreak, and not be completely shut down, making it more difficult for the business to be excused from the contract. And mere financial difficulties, without more, may not be enough to rely on the force majeure provisions.

Contracts are often drafted in a way to make it near impossible to terminate due to unforeseen circumstances. Typical force majeure language will provide that a party may be excused if performance is rendered “impossible” due to some specified event. If that specific event doesn’t occur, or if the event happens, but does not render performance “impossible,” but merely impracticable, the promisor may be held to the terms of the contract.

A Western Growers member called me to say he understood when his restaurant customer invoked the force majeure clause to reduce the quantity of produce purchased by 60 percent due to the government order compelling restaurants to serve meals by take out or drive-through only. The restaurant could show it was doing 60 percent less business, year over year. However, when another restaurant customer attempted to jettison their contract because the chef decided to change the menu offerings, the member held the customer to the contract and pursued his PACA trust rights to collect what was owed.

Contract Impossibility

Even if a contract lacks, or a has a weak, force-majeure clause, the promisor can often seek relief under the common-law doctrines of “impossibility” or “frustration of purpose,” which allows a party to be excused of its contractual obligations if unforeseen circumstances makes the agreement impossible or impracticable to carry out.

Courts have held that just because a party has experienced some unforeseen difficulty or expense, that does not constitute “impossibility” and will generally not be a legally valid excuse. In order to claim contract “impossibility,” the thing to be done must be objectively impossible, and not just that the promisor is simply unable to perform.

The party seeking to invoke the doctrine of impossibility or frustration of purpose should marshal evidence demonstrating the impact the pandemic has had on their business as well as the impact to the industry as a whole. By highlighting supply chain disruptions, lack of availability of personal protective equipment and vendor shut downs, the party may be able to escape the terms of the contract.

Finally, it should be noted that companies sometimes invoke force majeure not to void the agreement, but rather to encourage renegotiation of the contract or to force a compromise of a payment obligation.

Going forward, members are advised to ensure their contracts cover global pandemics and similar events, and to always have their contracts reviewed by legal counsel.

Opinion: The Army Corps of Engineers Has Become a Rogue Agency

May 20th, 2020

By Tony Francois, Pacific Legal Foundation

This piece originally published in The Hill.

In World War II, the U.S. Army Corps of Engineers played a proud role in the Allied victory over totalitarian aggression in Europe and the Pacific theater by building bridges, clearing beaches and harbors, and creating the conditions for military units to hit fast and hit hard. The Corps’ resourcefulness, creativity and engineering expertise no doubt was a critical weapon in that victorious military campaign.

But that was a long time ago. Today the Corps of Engineers is less likely to be facing down tyranny than practicing it, in the form of abusive regulatory enforcement that punishes farmers and other property owners who seek to make productive use of their land. After decades of bureaucratic mission creep, the Corps has mutated into a rogue agency—and it’s time for Congress to rein it in.

It’s worth considering how we got here, since many Americans may wonder why a unit of the U.S. Army is in the business of enforcing domestic environmental regulations in the first place. That story stretches back to the 19th century when Congress began tasking the Army’s engineers with domestic civil works projects such as flood control and managing river navigation. The idea was to ensure that America’s major rivers, then the primary arteries of commerce, remained open and navigable, and that states did not impede navigation at the expense of their neighbors.

But this scheme failed to account for the reality of how bureaucracies mutate. Over time, the Corps of Engineers’ civil works grew more ambitious, as construction projects grew larger and budgets skyrocketed. By the mid-20th century, predictably enough, the Corps was bloated and inefficient, and had earned a reputation for poor planning, uncompleted projects, cost overruns and environmental damage.

Perhaps most notoriously, the Corps’ poor administration of (the) Mississippi River levee systems led to catastrophic failures when Hurricane Katrina struck the Gulf Coast in 2005. The Corps’ lackluster management practices greatly exacerbated the ruinous flooding that was the most visible aftereffect of that natural disaster.

And yet, none of that has stopped the Corps of Engineers from pushing forward into new areas beyond its mandate, including the regulatory realm. The Corps has been particularly aggressive in enforcing theClean Water Act, contrary to congressional direction. The law prohibits unpermitted discharges of pollutants into “navigable” waters. So those who want to discharge dredged or fill material into navigable waters must get a permit from the Corps. Thus far, that sounds reasonable enough.

But the Corps has breached the limits of its traditional authority in two ways. First, it defines “navigable waters” to include almost the entire network of non-navigable tributaries upstream of real rivers and lakes, including seasonal ponds and drainages on private property. This means that, technically, moving soil around in a seasonal pond or drainage by plowing a farm is the same as dumping truckloads of dirt into the Hudson River—a practice for which a dredge and fill permit is understandably necessary.

For farmers and small landowners, that’s almost a regulatory death sentence. Dredge and fill permits take years, and hundreds of thousands of dollars in consulting costs, to obtain. And they limit your ability to use your own property. In response, Congress—in a rare lucid moment—amended the Clean Water Act to say that normal farming and ranching activities do not require dredge and fill permits.

The Corps’ dredge-and-fill bureaucrats disagree with Congress’ policy choice to protect farming from their permitting control. So, they have “interpreted” the normal farming activities provision of the Clean Water Act with regulations that narrow its availability. Put simply, if you “take a break” from farming for any period of time and for almost any reason, you may need the Corps’ permission to resume.

The Trump administration has made much of its solicitude for farmers, and many of them in turn have shown the president their appreciation. But sadly, the Corps’ abuses of farmers continue under his watch, and even the recent and much-debated rewrite of the “navigable waters” definition still gives the Corps too much authority over farming operations.

There are solutions to this. The federal courts could restrain the Corps’ wayward misinterpretation of normal farming activities. A functional and more bipartisan Congress could enact commonsense clarifications that would keep the Corps off farms. And the Corps itself could revise its offending regulations so they conform to Congress’s expressed policy choice of not putting farmers under its thumb.

One piece of good news is that the Corps’ unchecked ambitions and subsequent abuses have led to pushback from both the political right and left. Could that be the foundation of a bipartisan political coalition aimed at checking the runaway power of this rogue agency? Here’s hoping that’s so. But until then, farmers and property owners may find themselves under the thumb of a civil works agency that behaves more like an occupying power.

Tony Francois is a senior attorney with Pacific Legal Foundation, which litigates nationwide to achieve court victories enforcing the Constitution’s guarantee of individual liberty.

 

Change is Upon Us; Change is Elusive

May 22nd, 2020

“Change is inevitable.”

Like many clichés, this one suggests a certainty of outcome, but is it? Is change—in the aftermath of a historic global pandemic that took many thousands of lives and crashed a vibrant economy—really inevitable in all sectors of our society?

We know with certainty that the COVID-19 pandemic will change our industry and many others in ways large and small, temporary and permanent. From agriculture to hospitality, tourism to sports, the ways in which we engage in society and interact with businesses will be fundamentally altered.

Some changes will be unwelcome and difficult to mitigate. But many will be positive as the economic shutdown and the challenges of preventing the spread of this virus reveal practices and policies in need of disruption. Only by this crisis, for example, did we all master—via crash course—how to effectively use video conferencing technology without the assistance of our kids. Not at first, of course, but we adapted!

Old ways of doing things and the inefficiencies hidden by them suddenly became visible as business models and consumer behavior collided in the wake of the economic shutdown. I believe our industry will be among the first and best at realizing new efficiencies and improved models across all manner of functions, from our fields, orchards and vineyards to our packing, processing and shipping facilities. And of course, in our offices, too.

As hard as it was to suddenly adapt to the work-at-home guidance, the employees who serve within the Western Growers family of companies rose to the occasion and, along the way, we have been eager to reassess what we do and how we do it. For us, as an adaptive and entrepreneurial group of entities united behind one mission, this is the silver lining to the dark cloud of the pandemic.

But back to the question: Is post-pandemic change really inevitable everywhere? What about the public sector? Will it also confront the policies, practices and philosophies that impact private sector companies generating the tax revenue?

The postures of the federal and state governments have been varied and revealing when viewed through the lens of private enterprise. (Someone else can analyze the public health management of the federal and state governments.) The federal government moved quickly into financial relief mode, while the state of California, by Governor Gavin Newsom’s energetic use of his broad legal authority under the state’s emergency powers statute, spilled out a stream of executive orders ranging from an extended employer-paid sick leave for workers impacted by COVID-19 (without a corresponding tax credit, as Congress enacted for the federal counterpart, to offset the cost) to emergency child care options for essential workers.

Under the umbrella of the Governor’s actions, local public health officials and elected politicians responded with new local orders and decrees that caused confusion and, where they seemed arbitrary and capricious, resentment. Through the eyes of Western Growers members, we observed some local officials seemingly trying to one-up each other by decreeing increasingly strict (and illogical) mandates on businesses that clearly exceeded the more practical guidelines issued by Governor Newsom.

To many in the private sector who are fighting to keep our businesses alive and our employees protected, there was a sense that some in government didn’t mind being the center of attention in their communities as they exercised their powers over the “the regulated community” (i.e., businesses and their employees) with an air of superiority. We, after all, are simply out to make a buck; they are dedicated to protecting public health, workers, the environment, etc.

That is not to diminish the seriousness of the public health crisis nor to disparage the sense of partnership embraced by many county supervisors, agricultural commissioners and state-level officials who adhered to notions of pragmatism and cooperation. But across America, examples of government inflexibility, superiority and occasional hypocrisy undermined confidence in government.

University of Tennessee law professor Glenn Harlan Reynolds, writing in USA Today (April 21), helps us keep the current pandemic in perspective, however: “There really are two America’s here: Those still getting a paycheck from government, corporations or universities, and those who are unemployed, or seeing their small businesses suffer due to shutdowns.”

We in agriculture are relatively fortunate; Americans will keep eating and our farmers are now, and will continue to be, the best at providing them the world’s most nutritious and healthy foods.

The question remains, though. We know the private sector will change, but will governments? Those who were compelled by the immense economic destruction of the shutdown to quickly adapt, to challenge and change established thinking, roles and processes, should insist on a similarly difficult introspection and reform by our fellow citizens serving in government whose economic livelihoods were never at risk during this national emergency.

 

Groomed for Berries

May 20th, 2020

Eric Reiter

Vice President, California Operations

Reiter Affiliated Companies LLC

Oxnard, CA

Member Since 1972  |  Director Since 2019

The Background: Eric Reiter grew up in Santa Barbara, a short drive to the headquarters of Reiter Affiliated Companies LLC (RAC), in Oxnard, CA. As the eldest offspring of the fifth generation of his family to be in California agriculture, it is fair to say he was groomed for his position. In fact, the family company has a well-defined policy in place to bring the future generations into the business.

But that wasn’t top of mind as young Eric grew up in Santa Barbara, the beautiful city that hugs the California coast. He calls his childhood “pretty uneventful” adding that Santa Barbara was a great town as he loved all ocean sports, including surfing and sailing. In fact, he sailed through high school and again in college at the University of Southern California. He loved the ocean so much that while in high school, he was considering majoring in marine biology and pursuing a career in that discipline. However, a tour of USC convinced Eric that was the school for him, and it had no marine biology program. “I majored in business…figuring that would be a good background to have.”

While Eric does not remember spending a ton of time on the farm as a kid, it was a constant presence. “When we were young, we would go down to the ranch on Saturdays with Dad (Garland Reiter) and we had summer jobs on the farm,” he said of himself and his siblings. In high school, he recalls being involved in a flavor testing project in the company lab. “I used to drive down there after school,” he remembers.

While in college, the young Reiter did gain a healthy respect for the business his father, uncle (Miles Reiter) and ancestors had built, and did begin to point his career aspirations in that direction.

 

Company Background: The Reiter family traces its agricultural roots to the latter half of the 19th Century with farming operations on the San Francisco Bay Peninsula, south of the city. By the early 1900s, the Reiters had moved south to Watsonville and the Santa Clara Valley. It was there that Ed Reiter and Dick Driscoll began growing strawberries together and marketing them under the Driscoll Strawberries Associates label.

More than a century later, the two operations are intricately intertwined (though they are separate companies) with Reiter Affiliated Companies being Driscoll’s, and the world’s, largest berry producer. The Reiter family name has long been affiliated with Driscoll’s Inc. (as it is now named) as Miles Reiter has served as chairman of the board for three decades as well as CEO for most of that time. Other members of the family also sit on the Driscoll’s board.

Eric Reiter’s Journey: Both RAC and Driscoll’s have a policy in place outlining the path family members must take to move into management roles. It requires varied experiences, including two years working outside of the company for an unaffiliated firm. While in college, Eric spent a summer in Mexico and another in Spain working in berry production. Upon graduation, he took a year off and sailed the family’s 56-foot sailboat down the coast of Mexico and Central America and across to New Zealand. Running aground in Fiji was among the more harrowing experiences. He also recalls being boarded in Panama by armed men. “We thought we were being pirated but they just asked us some questions and left.”

Back in California and ready to start his berry career in earnest in early 2008, Garland suggested that his son become involved in the company’s new philanthropy project. But Eric rejected that idea. “I told him I wanted to learn how the company makes money before being involved in giving it away.”

So Eric was sent to Central Mexico, near Guadalajara, where he invested in an eight acre plot of raspberries to learn about the berry business from the ground up. “I learned a lot,” he said of his year in Mexico. “I also greatly improved my Spanish and gained appreciation for the people of Mexico and how they live their lives. It’s a better pace of life. They take time to create relationship; it’s less about getting things done.”

After his year in Mexico, Reiter moved to Santa Maria and farmed 60 acres of strawberries for two years. That was another great learning experience in running crews and moving a lot more volume through the system on a daily basis. He also learned that making a profit wasn’t that easy. “I made more money on the eight acres of raspberries in Mexico than I made on the 60 acres of strawberries in Santa Maria,” he joked, partly blaming his father for that outcome.  “Dad had a lot of ideas that he wanted to test out but couldn’t get other growers to do it. My farm became his giant test plot.”

They experimented with many things including machine harvesting, longer rows and pay incentives for workers based on the quality of berry that was picked. “There were a lot of little things we learned from those experiences,” he said, indicating that among the learnings was what not to do.

Reiter’s next stop was across the country as he spent his two years of outside work at Wegmans Food Markets in upstate New York. He worked both in-store and in the corporate office during that stint, learning a lot about retailing, category management, the company’s extensive training program, and, unfortunately, how to respond to a major produce product recall.

When he came back to the West Coast, Eric went through the same process that has been laid out for other family members—a review and discussion of what management positions were open at either RAC or Driscoll’s for which he might qualify. While he likes the marketing end of the business and believes it might hold his interest at some point in his career, Eric also loves the supply side and that’s where he has been operating for the last half dozen years. He is involved in all of RAC’s growing operations in California developing the strategic plan that creates the optimum amount of each berry variety on a daily basis.

The Future: Both RAC and Driscoll’s have together, and separately, developed berry opportunities all over the world.  The two companies have growing operations in California, Florida, Mexico, Portugal, Morocco, and China, which is the newest player in their game. Eric believes California will always be a major part of the RAC/Driscoll game plan, but he notes that it is challenging to do business in the state and that other regions are increasingly being relied upon for growth. He said the company is very bullish on China, both for its potential as supplier and consumer of berries. “We think China and these other regions will be our growth engine.”

He said that Driscoll’s and RAC are currently growing all four berries (raspberry, blueberries, blackberries and strawberries) in China using the shared-concept with local growers that it pioneered in Mexico. The program involves a shared investment that allows growers to expand their operations with investments from Reiter and Driscoll’s.

The WG Connection: Before Eric, both his uncle and father served on the Western Growers Board of Directors, which is how the young Reiter became acquainted with the organization. His formal introduction was as a member of the association’s Future Volunteer Leaders Program several years ago.  “That was a great experience,” he said. “I got to meet board members and create a relationship with others in the industry, some of whom have become board members themselves. I also got to meet and know the staff. Karen (Timmins) and Cory (Lunde) put on an awesome program.”

Financial Services: The Psychology of Investing: How We Can Be Our Own Worst Enemy

May 20th, 2020

On February 12, 2020, all the major U.S. stock market indexes finished at record highs. Since then, we have witnessed an unfathomable run, with global market volatility unlike anything any of us have ever experienced. How exactly should we handle our investments in such uncertain times?

Even during times less extraordinary, we hear all of the stock market jargon: Stay the course. You won’t lose your money unless you sell. It will come back, it always does.

Despite our best efforts to convince ourselves that our money is safe, it can be difficult to contain our fears and emotions when we open up our retirement account statements, only to see our nest egg down 20 percent, 30 percent, or more.

The closer we are to retirement, the more panic we are likely to experience, especially with the prospect of having to work longer. If we are earlier in our careers, we might be tempted to sell and get out of the market since we are back to where we were three to five years ago.

The current COVID-19-induced market uncertainties notwithstanding, there have been many market corrections over the past several decades, with the Stock Market Crash of 1987, the Dot.com Bust of 1999-2000, and the Great Recession of 2008. All of them have tested our fear, and our patience. All of them have revealed what is called the “psychology of investing.”

The concept is nothing new. As early as 1912, author G.C. Seldon understood that human emotions impact investment decisions, which he described in his book, “Psychology of the Stock Market.” Nowadays, there are text books devoted to the subject of how investors behave, the reasons and causes of that behavior, and why the behavior ultimately hurts their wealth.

With plenty of years of investment experience, I would like to offer some ideas that may help calm the jitters you may be feeling in the current market environment, and how you can employ reason, not emotion, in guiding your investment strategy.

DON’T: Try to Time the Market

The number one mistake investors make is trying to time the market. When the market has a correction, or sees a significant decline, many investors decide to pull the plug. In the financial business, we call this selling low. Then, when the market turns around, investors jump back in, but miss the potential gains that could have been earned. We call this buying high.

One of the greatest investors of the modern era is mutual fund manager Peter Lynch, who earned his fame while at Fidelity Investments. From 1977 to 1990, his mutual fund, the Magellan Fund, returned a tick over 29 percent annually. With one of the greatest track records over an extended period of time, Lynch became the stuff of legends on Wall Street.

With such remarkable returns, you would expect that the investors in the Magellan Fund made a fortune. Fidelity rightfully anticipated that they would have a great story to tell, so they contracted with an outside research firm to determine exactly how much the average investor in the Magellan Fund earned during Lynch’s tenure.

Let’s pause for a second to play a multiple choice game. What was the average annual return for investors in the Magellan Fund between 1977 and 1990?

A. The average Magellan Fund client performed as well as the fund overall, earning at least 29 percent annually.

B. The average Magellan Fund client performed nearly as well as the fund overall, earning between 20 and 25 percent annually.

C. The average Magellan Fund client performed moderately well, but not nearly as well as the fund overall, earning between 10 and 15 percent.

D. The average Magellan Fund client lost money during this time frame.

Because I’m asking this question, you can probably guess the right answer. Yes, the correct answer is D. The average Magellan Fund investor actually lost money during Lynch’s historic 13-year run.

How is this possible? In short, investors were participating in the fund based on their own psychology. In other words, they were selling low and buying high.

DO: Focus on Time in the Market

Had the fund investors focused on time in the market instead of timing the market, they could have realized the remarkable gains achieved by Lynch’s Magellan Fund.

Waiting for the “right time to invest” can leave investors behind, which is why retirement plans like 401(k)s and individual retirement accounts (IRAs) can be attractive investment options. A diversified retirement plan, with recurring contributions over many years and numerous market cycles, has the benefit of dollar-cost averaging.

Under a dollar-cost averaging scenario, an investor purchases Stock A for $10 per share, then the stock goes down to $5. The investor then purchases more Stock A, meaning the average cost per share is now $7.50. When Stock A returns to $7.50, the investor has now broken even, and when Stock A returns to the original $10 price per share, the investor has now earned gains.

401(k)s and IRAs often have a very handy built-in dollar-cost averaging tool called auto-rebalancing, which allocates gains into underperforming funds. When these underperforming funds come back, the investor has been accumulating shares at the lower prices.

Auto-rebalancing is an example of a rules-based approach to investing, which takes emotion out of the equation and instead relies on a dollar-cost averaging strategy, helping investors compound their dollars over an extended period of time. As the great Albert Einstein once said, “Compound interest is the eighth wonder of the world.”

Here are a few other strategies for removing the human psychology, or emotions, out of the investment process.

DON’T: Let Short-Term Events Impact Long-Term Strategy

Short-term market events, such as interest rate movement and stock market volatility, can certainly affect your psychology, but should not affect your long-term investment strategy. Don’t reallocate your portfolio based on the latest news. Don’t change your investment plan based on what you hear from the pundits on television or read about on the internet.

Here is a rule of thumb: If you hear about it on the news, it has already happened, which means the market has already reacted. You will be late to the party. This is exactly why famed investor Warren Buffet prefers to have his office located far away from the hustle of Wall Street (in Omaha, Nebraska, to be exact!).

DO: Review Your Long-Term Financial Goals

Before making any snap decisions, revisit your investment strategy to ensure that you are on track to achieving your long-term financial goals. Have a plan in place, and stick to it, regardless of the ups and downs of the financial markets. Consider setting up auto-rebalancing to assist with the management of your portfolio.

If you would like to review your investment strategy or financial goals, please contact me at [email protected] or (949) 885-2379.

What a Crisis Highlights

May 20th, 2020

By Matthew Allen

Crises generally have a way of highlighting elements in our lives that are important as well as those that are not. The COVID-19 crisis has done so to a degree that is inescapable, across all aspects of our lives. It has impacts upon our health, livelihood, social interactions, education system, and the list goes on. We all see the effects swirling around us as we work to maneuver into different ways of thinking and creatively finding new solutions to meet our daily challenges.

The agricultural industry has been absolutely heroic in meeting the COVID-19 crisis head-on. Our industry is specifically identified as an essential service. Growers and farmworkers are doing all they can to continue planting and harvesting crops to ensure that the people of our state and nation are provided with the highest quality food. The significance of this is even more profound since our industry is facing severe economic pressures from the closure of restaurants and schools. Perhaps our “new normal” has brought to the forefront a better understanding of our food system and how closely tied it is to our national security.

Businesses are doing everything possible to stay afloat and provide economic opportunities to their workers while adhering to the state and local social distancing protocols. For far too many, this is simply not possible, and we have seen the state’s unemployment rate shoot skyward in March and April. Indeed, it is anticipated that the unemployment rate will continue to expand until the stay at home orders are lifted and businesses reopen.

It is because of this landscape that it is so troubling to hear some state officials doubling down on a law like AB 5 which was passed last year. AB 5 codified the 2018 California Supreme Court Dynamex decision and made additional clarifications about when someone is or is not an independent contractor. The problems with the new statute are numerous. It has a very complicated framework that employers are supposed to follow in determining whether a worker is an independent contractor or employee. Additionally, it creates disjointed sets of carve-outs and exclusions for some industries and job functions while leaving out others that operate in the same manner. Unsurprisingly, passage of this law led to immediate mass confusion and to a large number of pre–COVID-19 layoffs.

Now we hear from state officials how important this law is and that the California Labor Commissioner should do everything possible to enforce this law. In the face of the severe damage that has occurred to our economy and to livelihoods, shouldn’t the discussion be focused on either repealing AB 5 or significantly fixing it in order to deal with everyday realities? Debating the facts about whether someone is or is not an independent contractor and causing businesses great confusion about how to employ a worker seem relatively superfluous during this time of crisis.

It is also very concerning to be seeing the California Air Resources Board continue to push forward on new regulatory concepts to reduce emissions in California; instead of pushing a pause button. There are many programs in the “hopper” to increase vehicle electrification. These include proposals on transportation refrigeration units as well as an idea to require truck manufacturers to manufacture a specific number of electric trucks. The environmental justice advocates have pounced on the photos of empty highways and smog free air to bolster their advocacy that we need to do more at a faster rate.

To be clear, clean air is important, but it seems rather trite to be having this discussion now. The empty highways and completely smog free air are the result of the stay-at-home orders as well as the very unpleasant fact that tens of thousands of Californians now find themselves without a job.

WG staff remains focused on highlighting the essential nature of our industry: providing safe and nutritious food. This, along with the health of our family, friends, and neighbors, should be our top of mind concern right now.

Western Growers Opposes “Split Roll” Calif. Ballot Initiative

May 19th, 2020

IRVINE, Calif., (May 20, 2020) — Western Growers will oppose the “split roll” initiative set to appear on the California ballot in November 2020. Western Growers President and CEO Dave Puglia issued the following statement following the decision of the Western Growers board of directors:

“By repealing Proposition 13’s protections for restaurateurs, farmers, and other business property owners, the split roll initiative would add to the already-painful number of businesses closing forever in the wake of the COVID-19 economic shutdown. For those hanging on, this initiative would increase the attractiveness of locating their businesses to other states and countries.  

“Regardless of the current crisis, the split roll initiative represents bad public policy. If passed, commercial and industrial properties will face unpredictable, potentially massive annual tax increases as our economy begins to recover. This is terrifying for every business owner struggling to pay bills and make payroll. 

“The split roll initiative also will result in higher taxes owed by the packing, processing and cooling facilities that are essential to the fresh produce business. Farmers with permanent crops, such as tree fruit, grapes and tree nuts, would be hit with higher taxes on those investments, as well. 

“We will look to play an active role in helping California voters see the dangers in this initiative.”
 

About Western Growers:
Founded in 1926, Western Growers (WG) represents local and regional family farmers growing fresh produce in Arizona, California, Colorado and New Mexico. WG members and their workers provide half the nation’s fresh fruits, vegetables and tree nuts, including half of America’s fresh organic produce. For generations WG members have provided variety and healthy choices to consumers. Connect with and learn more about Western Growers on the association’s Twitter and Facebook

 

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