China Demanding “COVID-Free” Guarantees on Food Imports

June 30th, 2020

There have been very recent reports that food exporters are being asked by China to guarantee that their products are not contaminated with the novel coronavirus. This has since been confirmed by the U.S. Department of Agriculture (USDA) and the U.S. Trade Representative (USTR) office.

Thus far, the request is for some type of ‘Letter of Undertaking of Safety of Import Food’, stipulating that the manufacturer/shipper/consignee commits to a) complying with Chinese laws, regulations and standards, and b) in the event of COVID-19 detection, taking on all necessary measures and responsibility to eliminate safety risks. To date, we are aware of such requests being made to exporters of almonds, pistachios, nectarines, and apples. China’s requirement is being applied across multiple commodity groups (program crops, livestock, poultry) and multiple countries (European Union, Australia, Canada, Brazil).

In response, USDA and the Food & Drug Administration (FDA) released a joint statement reaffirming that there is no scientific evidence people can contract COVID-19 from food or from food packaging. In addition to USDA, FDA and the Centers for Disease Control and Prevention (CDC), this conclusion is shared by Food and Agriculture Organization of the United Nations (FAO) and the World Health Organization (WHO).

Read Western Growers President and CEO Dave Puglia’s statement here. Western Growers remains in contact with USDA and USTR, both of which are currently working to resolve the issue with their Chinese counterparts.

If your business is involved in exporting and is currently being asked by Chinese officials or buyers to sign such affirmations or other COVID-related paperwork, we urge you to contact us.

USMCA ENTERS INTO FORCE THIS WEEK ON JULY 1

On Wednesday July 1, the U.S.-Mexico-Canada Agreement (USMCA) is set to enter into force. For the fresh produce sector, the agreement does not make many substantial tariff or procedural changes from NAFTA. Nevertheless, it is encouraged for all exporters and their buyers to review and educate themselves on the terms under USMCA.

In order to claim the preferential tariff treatment for each country under USMCA, an imported good must originate and be exported from a USMCA country. A set of data elements referred to as a ‘certification origin’ must be provided by the exporter, producer or importer of the goods by adding the information to any document (e.g. commercial invoice) accompanying the shipment, or if preferred, by providing it on a separate document.

The Certification of Origin will not follow a prescribed format. However, the following minimum data elements must be included an any and all formats you employ:

1. Importer, Exporter, or Producer Certification of Origin
2. Certifier
3. Exporter (if different from the certifier)
4. Producer (if different from the certifier or exporter)
5. Importer
6. Description and HS Tariff Classification (6-digit level) for the Good
7. Origin Criterion for the Goods, set out in Article 4.2: Originating Goods
8. Blanket Period (if applicable)
9. Authorized Signature and Date
 

It is important to note that if your product undergoes some type of notable processing – dehydrating, roasting, canning, juicing – it may fall under a different tariff code. Additionally, if you are importing a non-USMCA good for the purposes of re-exporting to a USMCA nation, different origin criterion may apply.

Additional Resources:
Customs & Border Protection (CBP) Overview and FAQ
USTR USCMA Rules of Origin
Canada Border Service Agency (CBSA) Overview

Please contact Dennis Nuxoll ([email protected]) or Tracey Chow ([email protected]). if you have additional questions. 

What You Need To Know When Using The Sales Term “Protection” and Farewell To WG’s Tommy O.

June 10th, 2020

I receive daily inquiries from our shipper-members concerning problems on sales transactions happening on a real-time basis, or after the fact, and the member is endeavoring to arrive at a resolution. On such occasions, the inquiring-caller tells me that a federal inspection for condition and quality was secured at contract destination and he/she has granted the buyer Protection. My immediate follow up question is always to ask the caller what Protection means to them. Needless to say, I receive many unique explanations. Therefore, I want to break down for you the two most commonly used types of Protection, even though neither one is defined by the PACA federal regulations. As a caveat, I always encourage sellers of perishable commodities to stay away from undefined terms under the PACA, and Protection is a major one to avoid using.

Below is my attempt to explain the most commonly used Protection language within the industry and how it is interpreted by PACA:

PROTECTION

           Although the term “Protection” is non-defined in the PACA regulations, the term is often used in the industry in one of two ways: 

1. Market Protection” or “Price Protection”

This term protects the buyer against any market decline that might occur between the date of the sale and the date the product is received. The parties should agree before the sale whether the decline is to be based on the shipping point market or the destination market. If granting market decline adjustments is part of the shipper’s practice, there must be a reservation of authority to grant such adjustments in the contract with its growers. Sales agents should preserve records or other evidence that “protection” was discussed and agreed to prior to shipment. Market decline adjustments should not be used to justify a customer’s short pay sixty (60) days after shipment.

2. Protection,” “Full Protection,” or “Protection Against Loss

These terms should be distinguished from market,” or price protection.” A protection agreement is a modification of the original sales contract that leaves the original sales price as the baseline price for determining whether the buyer makes a profit, or is entitled to protection. When a buyer with protection fails to resell at favorable prices and experiences a loss, the protection should only compensate the loss, and should not include a profit in the form of commission or handling fee. If the gross proceeds of the buyer’s resale exceed the F.O.B. contract price, plus freight, then the buyer gets to keep the excess as profit. If gross proceeds of the re-sale are less than the buyer’s cost (F.O.B. plus price plus freight, delivered cost), the buyer deducts its freight cost from the gross proceeds, thus suffering no out of pocket loss. If gross proceeds are not enough to cover freight, then the seller who grants its buyer full protection must pay the remainder of the freight cost. In these instances, it is important to note that the seller is not always entitled to have access to the account of sales.

If the above mentioned explanation seems challenging to understand, then strongly consider never using the term Protection when attempting to arrive at a disposition of a load with your customer. Either grant an adjustment (allowance) or allow your customer to handle the product on a consignment basis (where you will be given a detailed account of sale).

As always, should you as a WG Regular member run into a situation such as this or would you like guidance on any problem files or disputes, please feel free to contact Western Growers Trade Practices Department’s Bryan Nickerson at [email protected] or 949-885-2392.


RIP Tommy O

As I conclude this month’s blog, I would be remised if I didn’t mention the passing of my good friend and predecessor Tom Oliveri aka Tommy O, which occurred on Thursday May 28th in his sleep at the age of 67. He was larger than words and dedicated his entire 40+ professional career to supporting the many men and women in the fresh produce industry. He was so passionate he couldn’t stay away, even after retirement from Western Growers in 2018. I owe and thank him for providing such big shoes to fill as I continue in the Trade Practices role, supporting WG’s membership.

Pictured below is Tommy O at Shaw’s Restaurant in Santa Maria, CA around June 2016. He loved a good steak after a successful day on the road, engaging with producers that feed the world. Rest in Peace Tommy O, until we meet again.

Tommy O.

Western Growers Board of Directors’ Nomination Ballots Due June 19

June 11th, 2020

Western Growers Board of Directors’ nomination ballots were emailed to all regular members for the two-year term through 2022. Our new, secure online voting platform replaces the old paper-ballot system and focuses on privacy, security and verifiability—all of which are paramount to hosting an honest election. 

The nomination ballot is the first step in a two-part process. It lists prospective candidates from your district for inclusion on the official ballot. The official ballot will be emailed to you in September in order to vote to fill the allotted board seats.

As a regular member of Western Growers, your participation in the process of electing the board of directors is critical to our continued relevancy and influence. It is through your involvement in this process that board members are elected to serve your district and the entire membership on the key issues facing our industry. 

Please check your email for your secure online nomination ballot and complete no later than June 19, 2020. 

For any questions regarding the election process, please contact Kim Sherman at (949) 885-2265 or email [email protected].

Western Growers Board of Directors’ Nomination Ballots Deadline Extended to June 26

June 18th, 2020

Western Growers Board of Directors’ nomination ballots were emailed to all regular members for the two-year term through 2022. Our new, secure online voting platform replaces the old paper-ballot system and focuses on privacy, security and verifiability—all of which are paramount to hosting an honest election. 

The nomination ballot is the first step in a two-part process. It lists prospective candidates from your district for inclusion on the official ballot. The official ballot will be emailed to you in September in order to vote to fill the allotted board seats.

As a regular member of Western Growers, your participation in the process of electing the board of directors is critical to our continued relevance and influence. It is through your involvement in this process that board members are elected to serve your district and the entire membership on the key issues facing our industry. 

Please check your email for your secure online nomination ballot and complete no later than June 26, 2020. 

For any questions regarding the election process, please contact Kim Sherman at (949) 885-2265 or email [email protected].

REMINDER: Western Growers Board of Directors’ Nomination Ballots Due Friday

June 25th, 2020

As previously reported in Spotlight, the Western Growers Board of Director’s nomination ballots are due Friday, June 26.

Western Growers Board of Directors’ nomination ballots were emailed to all regular members for the two-year term through 2022. Our new, secure online voting platform replaces the old paper-ballot system and focuses on privacy, security and verifiability—all of which are paramount to hosting an honest election. 

The nomination ballot is the first step in a two-part process. It lists prospective candidates from your district for inclusion on the official ballot. The official ballot will be emailed to you in September in order to vote to fill the allotted board seats.

As a regular member of Western Growers, your participation in the process of electing the board of directors is critical to our continued relevance and influence. It is through your involvement in this process that board members are elected to serve your district and the entire membership on the key issues facing our industry. 

Please check your email for your secure online nomination ballot and complete no later than June 26, 2020. 

For any questions regarding the election process, please contact Kim Sherman at (949) 885-2265 or email [email protected].

CDC, DOL Issue Interim COVID-19 Guidance for Ag Workers and Employers

June 2nd, 2020

The Centers for Disease Control and Prevention (CDC) and the U.S. Department of Labor (DOL) have released joint guidance to protect agriculture workers from COVID-19.

Agricultural employers can adopt these recommendations to protect workers at their particular work sites or in specific work operations.

Western Growers is currently working with key government agencies and industry stakeholders to develop additional educational and training materials for employers in the fresh produce industry. These additional resources will be available soon.

According to the guidance, agriculture work sites, shared worker housing, and shared worker transportation vehicles present unique challenges for preventing and controlling the spread of COVID-19. Consistent application of specific preparation, prevention, and management measures can help reduce the risk of spreading COVID-19.

Key points in the guidance include:

  • Create a COVID_19 assessment and control plan. Management in the agriculture industry should conduct work site assessments to identify coronavirus disease 2019 (COVID-19) risks and infection prevention strategies to protect workers.
  • Work site guidance for COVID-19 prevention and control should be taken into consideration in employer-furnished shared worker housing, transportation vehicles and work settings.
  • Prevention practices should follow the hierarchy of controls, which includes using source control and a combination of engineering controls, administrative controls (especially proper sanitation, cleaning, and disinfection), and personal protective equipment.
  • Grouping workers together into cohorts may reduce the spread of COVID-19 transmission in the workplace by minimizing the number of different individuals who come into close contact with each other over the course of a week, and may also reduce the number of workers quarantined because of exposure to the virus.
  • Owners/operators should maximize opportunities to place farmworkers residing together in the same vehicles for transportation and in the same cohorts to limit exposure.
  • Basic information and training about infection prevention should be provided to all farmworkers in languages they can understand.
  • Agriculture work sites developing plans for continuing operations where COVID-19 is spreading among workers or in the surrounding community should work directly with appropriate state and local public health officials and occupational safety and health professionals.

Click here to access the joint guidance for COVID-19.

EPA Releases Temporary Guidance on Respiratory Protection for Pesticide Handlers

June 2nd, 2020

In response to Personal Protective Equipment (PPE) shortages in the agricultural sector, EPA is providing temporary guidance regarding respiratory protection requirements for agricultural pesticide handlers.

The temporary guidance outlines approaches to address the unavailability of required respiratory protection and respiratory fit testing that should first be exhausted before considering any alternative options.

Options include:

  • Use alternative NIOSH-approved respirators offering equivalent or greater respiratory protection than those required on the pesticide label;
  • Hire commercial applicator services with enough respirators and respiratory protection capabilities;
  • Opt to use agricultural pesticide products that do not require respirators; or
  • Delay pesticide applications until another compliant option is available.

If the above options are exhausted, EPA’s guidance provides additional options with strict terms, conditions, and exhaustion requirements to minimize potential incremental risks to workers:

  • Reuse and extended use of disposable N95 filter face piece respirator;
  • Use of “expired” respirators;
  • Use of respirators certified in certain other countries or jurisdictions meeting protective conditions outlined; or
  • Delay the annual respirator “fit test.”

This is a temporary policy. EPA will assess the continued need for and scope of this temporary guidance on a regular basis.

Click here to read the full guidance.

Click here to learn more about EPA’s Worker Protection Standard.

PPP Fix Passes Congress, Heads to President’s Desk

June 4th, 2020

Late Wednesday, the Senate passed the Paycheck Protection Program Flexibility Act, which had previously passed the House. The bill is now set for President Trump’s signature.

This legislation amends several provisions of the PPP, the forgivable loan program designed to help small businesses keep their workers on the payroll during the COVID-19 pandemic.

The Payroll Threshold

Under the current regulation, a PPP loan recipient is required to spend at least 75% of the loan on payroll to qualify for full loan forgiveness. The remainder of the loan can be used on certain employee benefits relating to health care, interest on mortgage obligations, rent, utilities and interest on any other existing debt obligations. If a recipient spends less than 75% of the loan on payroll, the difference between the amount spent on payroll and the 75% threshold is not forgiven.

This bill reduces the 75% threshold to 60%, now allowing for up to 40% of the loan to cover eligible non-payroll costs.

Time Period for Loan Forgiveness

This legislation increases the minimum loan term from the current two years to five years, while maintaining the 1% interest rate. Additionally, this bill permits businesses seeking loan forgiveness to defer payroll taxes without penalty for two years.

Additionally, this bill extends the time period for businesses to spend the loan from the current eight-week period to 24 weeks. Current regulation stipulates that to get forgiveness for a PPP loan, the funds must be spent within eight weeks of receipt on qualifying expenses.

Employee Rehire

This legislation extends the rehiring window from June 30, 2020, to December 31, 2020, giving businesses an additional six months to rehire employees or restore payroll levels without incurring any reduction in the forgiven amount.

Click here for details on how to apply for the PPP.

CMTA Unveils PPE Web Portal

June 4th, 2020

The California Manufacturers & Technology Association (CMTA) is soft-launching the SafelyMakingCA.org web portal to connect employers across the state to California manufacturers making non-medical grade Personal Protective Equipment (PPE).

While the initiative will be officially launching soon, the web portal is live and functioning, and WG members are encouraged to utilize the tool to find and connect with manufacturers of specific PPE.

PPE products available on the web portal include face masks, gloves, face shields, sanitizers, wipes, gowns and plexiglass partitions. The manufacturing companies are listed by county to facilitate a “Californians for Californians” concept of locally-sourced, locally-used products. 

CMTA’s project is a partnership between the California Manufacturers & Technology Association (CMTA), Autodesk, the State of California and industry associations, including Western Growers.

Please provide any feedback or suggestions to help this web portal adapt to meet your needs.

Have a look at SafelyMakingCA.org

USDA Announces CFAP Webinar for Specialty Crop Producers

June 4th, 2020

On June 9, at 12:00 p.m. PT, USDA will host a webinar for specialty crop producers interested in learning more about the Coronavirus Food Assistance Program (CFAP) and how to submit additional commodities for USDA consideration through the Notice of Funding Availability (NOFA) process. 

The deadline to sign up for CFAP is August 28, 2020, while the deadline to submit additional commodities for USDA consideration is June 22, 2020.

Visit the FSA webinar page for the registration link, which is coming soon.

Please be reminded of the CFAP Call Center available for producers who would like additional one-on-one support with the CFAP application process. Call 877-508-8364 to speak directly with a USDA employee ready to offer assistance.

Click here for information on how to submit additional commodities for inclusion in CFAP.

Industry Releases COVID-19 Guidance for Produce Operations

June 9th, 2020

Western Growers, United Fresh and the American Frozen Food Institute have teamed up to develop COVID-19 guidance for produce operations.

This guidance document provides useful advice and recommendations to help farm owners and operators prepare for seasonal operations including onboarding of seasonal workers, field and facility procedures, and shared/communal housing and transportation to prevent the spread of COVID-19.

Click here to access the industry guidance.

Last week, the Centers for Disease Control and Prevention (CDC) and the U.S. Department of Labor (DOL) released interim guidance to protect agriculture workers from COVID-19.

According to this guidance, agriculture work sites, shared worker housing, and shared worker transportation vehicles present unique challenges for preventing and controlling the spread of COVID-19. Consistent application of specific preparation, prevention, and management measures can help reduce the risk of spreading COVID-19.

Click here to access the CDC/OSHA guidance.

Based on these guidance documents, Western Growers is working to develop additional, industry-specific educational and training materials for our members. These resources will be available soon.

Additional Resources

 

Specialty Crops Receive Less Than 2% of USDA COVID-19 Direct Payment Program

June 9th, 2020

Of the $1.4 billion in relief checks already provided to more than 80,000 farmers and ranchers impacted by the COVID-19 pandemic, less than $25 million (less than 2%) has been allocated to specialty crop producers.

As part of the Coronavirus Food Assistance Program (CFAP), the U.S. Department of Agriculture (USDA) plans to provide $16 billion in direct payments. As of June 8, the breakdown in assistance is as follows:

  • Livestock: $676 million
  • Non-Specialty Crops: $368 million
  • Dairy: $337 million
  • Specialty Crops: $25 million
  • Total: $1.4 billion

The weekly report provided by USDA shows that most of the payments have gone to Midwestern farmers. In Western Growers member states, specialty crop farmers have received:

  • California: $5.9 million
  • New Mexico: $1.5 million
  • Arizona: $700,000
  • Colorado: $0

Western Growers members are encouraged to explore the USDA direct payment program to determine eligibility.

Background

CFAP provides financial assistance to producers of agricultural commodities who have suffered a five-percent-or-greater price decline due to COVID-19 and face additional significant marketing costs as a result of lower demand, surplus production, and disruptions to shipping patterns and the orderly marketing of commodities.

Eligibility

For eligible specialty crops, the total payment will be based on the volume of production sold between January 15 and April 15, 2020; the volume of production shipped, but unpaid; and the number of acres for which harvested production did not leave the farm or mature product destroyed or not harvested during that same time period, and which have not and will not be sold.

Eligible specialty crops include:

  • Fruits: apples, avocados, blueberries, cantaloupe, grapefruit, kiwifruit, lemons, oranges, papaya, peaches, pears, raspberries, strawberries, tangerines, tomatoes, watermelons
  • Vegetables: artichokes, asparagus, broccoli, cabbage, carrots, cauliflower, celery, sweet corn, cucumbers, eggplant, garlic, iceberg lettuce, romaine lettuce, dry onions, green onions, peppers, potatoes, rhubarb, spinach, squash, sweet potatoes, taro
  • Nuts: almonds, pecans, walnuts
  • Other: beans, mushrooms

Additional crops may be deemed eligible at a later date.

Applying for Assistance

Producers can apply for assistance beginning on May 26, 2020. Additional information and application forms can be found at farmers.gov/cfap. Producers of all eligible commodities will apply through their local FSA office. Applications will be accepted through August 28, 2020.

USDA Service Centers are open for business by phone appointment only. While program delivery staff will continue to come into the office, they will be working with agricultural producers by phone and using email and online tools whenever possible.

Produce Industry Stakeholder COVID-19 Discussion Recording Now Available

June 11th, 2020

On Tuesday, June 9, Western Growers, United Fresh Produce Association and the American Frozen Food Institute held an industry stakeholder discussion to review COVID-19 guidance for produce operations.

Click here to access a recording of the call.

The three organizations have teamed up to develop COVID-19 guidance for the produce industry, which is a companion document to the recently-released guidance from the Centers for Disease Control and Prevention (CDC) and the U.S. Department of Labor (DOL).

According to the CDC and DOL, agriculture work sites, shared worker housing, and shared worker transportation vehicles present unique challenges for preventing and controlling the spread of COVID-19. Consistent application of specific preparation, prevention, and management measures can help reduce the risk of spreading COVID-19.

Click here to access the CDC/DOL interim guidance for agriculture workers and employers.

Building off the CDC guidance, industry-created COVID-19 guidance provides useful advice and recommendations to help farm owners and operators prepare for seasonal operations including onboarding of seasonal workers, field and facility procedures, and shared/communal housing and transportation to prevent the spread of COVID-19.

Click here to access the industry guidance for fruit and vegetable farm operators and processors.

Western Growers will make additional, industry-specific educational opportunities available to members who still have questions about how to apply the COVID-19 guidance to their operations. More details will be announced soon.

CFAP Direct Payment Program Fact Sheet Now Available

June 11th, 2020

As part of the Coronavirus Food Assistance Program (CFAP), USDA is making $16 billion in direct payments available for producers who have suffered a five-percent-or greater price decline due to COVID-19.

Western Growers has summarized the key eligibility requirements, payment limitations and procedures for applying in a new CFAP Direct Payment Program Fact Sheet.

Producers were first able to apply for assistance beginning May 26, 2020, and applications will be accepted through August 28, 2020.

As of June 8, 2020, USDA has dispersed $1.4 billion in relief checks to more than 80,000 farmers and ranchers across the country. However, less than two percent of that money, just shy of $25 million, has been allocated to specialty crop producers.

Moreover, only $8 million has been distributed to specialty crop producers in our home states of Arizona, California, Colorado and New Mexico. The balance has gone to the livestock, dairy and non-specialty crop sectors of the agriculture industry.

Western Growers members are encouraged to explore the USDA direct payment program to determine eligibility.

For additional information, visit the USDA CFAP website, which includes all the information you’ll need to apply for the direct payment program.

Resources for Seasonal Farmworker Housing

June 11th, 2020

With peak season for many labor-intensive commodities quickly approaching, USDA has compiled a list of potential federal, state, and philanthropic alternative housing opportunities for seasonal farmworkers.

Because farmworker housing is typically communal, which could increase the risk for spreading COVID-19, the federal government is gathering housing-related resources designed to protect worker safety and maintain critical working infrastructure.

Included in the document are resources involving community development grants, housing development grants and loans, rent assistance and other housing services. Employers should ensure that any options considered meet required regulatory housing standards.

Click here to view the USDA potential alternate housing opportunities for seasonal workers document.

Specialty Crops Still Not Taking Advantage of USDA Direct Payments

June 16th, 2020

As of June 15, USDA has allocated nearly $2.9 billion of $16 billion in direct payments as part of its Coronavirus Food Assistance Program (CFAP).

Specialty crops continue to lag other sectors of the agriculture industry, receiving just $53 million (1.8%) of the total funds spent to date. Furthermore, the specialty crop industry has only submitted 1,500 (0.6%) of the approximately 275,000 applications.

  • Livestock: $1.4 billion
  • Non-Specialty: $758 million
  • Dairy: $667 million
  • Specialty: $53 million

Of the $53 million allotted to the specialty crop industry, less than $19 million have gone to Western Growers member states:

  • California: $15 million
  • New Mexico: $2.2 million
  • Arizona: $1.7 million
  • Colorado: $39 thousand

To assist members in accessing the CFAP direct payment program, Western Growers has summarized the key eligibility requirements, payment limitations and procedures for applying in a new CFAP Direct Payment Program Fact Sheet.

Background

CFAP provides financial assistance to producers of agricultural commodities who have suffered a five-percent-or-greater price decline due to COVID-19 and face additional significant marketing costs as a result of lower demand, surplus production, and disruptions to shipping patterns and the orderly marketing of commodities.

Eligibility

For eligible specialty crops, the total payment will be based on the volume of production sold between January 15 and April 15, 2020; the volume of production shipped, but unpaid; and the number of acres for which harvested production did not leave the farm or mature product destroyed or not harvested during that same time period, and which have not and will not be sold.

Eligible specialty crops include:

Fruits: apples, avocados, blueberries, cantaloupe, grapefruit, kiwifruit, lemons, oranges, papaya, peaches, pears, raspberries, strawberries, tangerines, tomatoes, watermelons

Vegetables: artichokes, asparagus, broccoli, cabbage, carrots, cauliflower, celery, sweet corn, cucumbers, eggplant, garlic, iceberg lettuce, romaine lettuce, dry onions, green onions, peppers, potatoes, rhubarb, spinach, squash, sweet potatoes, taro

Nuts: almonds, pecans, walnuts

Other: beans, mushrooms

Additional crops may be deemed eligible at a later date.

Applying for Assistance

Producers can apply for assistance beginning on May 26, 2020. Additional information and application forms can be found at farmers.gov/cfap. Producers of all eligible commodities will apply through their local FSA office. Applications will be accepted through August 28, 2020.

USDA Service Centers are open for business by phone appointment only. While program delivery staff will continue to come into the office, they will be working with agricultural producers by phone and using email and online tools whenever possible.

New CDC COVID-19 Resources Available

June 16th, 2020

In addition to the Interim Guidance for Agriculture Workers and Employers recently released by the CDC and the U.S. Department of Labor, the CDC has made the following resources available for the agriculture industry.

To prevent and slow the spread of COVID-19, agricultural employers can use this checklist to create a COVID-19 assessment and control plan for applying specific preparation, prevention, and management measures. This checklist has been developed based on the Agriculture Workers and Employers Interim Guidance from CDC and the U.S. Department of Labor.

This guidance is intended for people living together in close quarters, such as people who share a small apartment, or for people who live in the same household with large or extended families.

This document presents different testing strategy options for exposed co-workers when public health organizations and employers determine testing is needed to help support existing disease control measures.

Cal/OSHA COVID-19 Guidance for Agriculture

June 16th, 2020

Cal/OSHA continues to develop guidance and resources for employers and workers to protect against COVID-19 and prevent the spread of the disease.

Recently, Cal/OSHA has developed guidance related to COVID-19 infection prevention in agriculture. Links to this guidance, along with other agriculture-specific Cal/OSHA resources, are provided below.

Cal/OSHA Agriculture Guidance

Cal/OSHA has also produced additional agriculture-related guidance in conjunction with the Governor’s Office and the Calif. Department of Public Health.

WG Launches COVID-19 Webinar Series – Part One: Friday, June 26

June 23rd, 2020

On the heels of well-publicized COVID-19 outbreaks in meat-packing facilities across the country, there have been an increasing number of outbreaks on U.S. produce farms. To minimize the risks of disruption to our critical workforce, the CDC and Department of Labor recently released interim guidance for agriculture workers and employers.

But how does this guidance apply specifically to the fresh produce industry? What additional practical steps can fresh produce companies take to implement this guidance on the farm or in the facility? How are other fresh produce companies implementing this guidance in their operations?

To help answer these questions and more, Western Growers has teamed up with leading experts from UC Davis, Rutgers University and Colorado State University to conduct a COVID-19 webinar series. Each webinar in the three-part series will break down a different element of the interim guidance for fresh produce operations, and the experts will be available at the end of each webinar to field your questions. Be sure to register and attend them all.

Click here to register for Part 1: Basics of COVID-19 Assessment and Control Plans.

Part 1: Basics of COVID-19 Assessment and Control Plans

Date:                June 26

Time:                11:00 a.m. PT

Speakers

  • Sonia Salas, Assistant VP, Food Safety, Science & Technology, Western Growers
  • Heather Riden, Program Director, Western Center for Agricultural Health and Safety, UC Davis
  • Don Schaffner, Ph. D., Extension Specialist, Food Science, Rutgers University

Content

  • Introduction, CDC guidance and current news/issues
  • What do we know about COVID-19 now? What key risk factors affect the fresh produce industry?
  • What is a COVID-19 assessment and control plan? How do you develop one in the fresh produce industry?
  • Screening and monitoring workers: What should you know?
  • What do you do if a worker has, or has been exposed to, COVID-19?

Click here to register for Part 1: Basics of COVID-19 Assessment and Control Plans.

Part 2: Assessment and Control Plans: Do’s and Don’ts

Date:                June 30

Time:                9:00 a.m. PT

Speakers

  • Ken Cooper, Director, Risk Strategy, Western Growers Insurance Services
  • Whitney Pennigton, Outreach Coordinator, High Plains Intermountain Center for Agricultural Health and Safety, Colorado State Universitry
  • Martha Sullins, Extension Specialist, Colorado State University

Content

  • Hierarchy of Controls Approach
  • Engineering Controls
  • Cleaning and Sanitizing
  • Administrative Controls
  • Personal Protective Equipment

Part 3: Shared Housing and Transportation

Date:                July 9

Time:                TBD

Speakers

  • Jason Resnick, Vice President/General Counsel, Western Growers

Content

  • CDC Recommendations
  • Fresh Produce Industry Challenges and Resources
  • H-2A Worker Considerations

Register now for Part 1: Basics of COVID-19 Assessment and Control Plans

California Attorney General Sends Letter to Agricultural Operators Investigating COVID-19 Workplace Measures

June 23rd, 2020

The California Department of Justice has begun sending letters to certain Western Growers members announcing that the Attorney General is “conducting an examination of agricultural workplaces to ensure that adequate measures are being undertaken to protect the health and safety of agricultural workers.”

The letter asks the receiving company for specific information about the company and its operations; and detailed information about the company’s COVID-19 prevention plan; COVID-19 worker training; workplace controls; sick leave policies; and procedures for notifying health officials and workers about infections. A copy of the Attorney General’s letter is available here

If you receive such a letter, please contact WG Vice President and General Counsel Jason Resnick.

Western Growers and industry partners are strategizing this week on how best to respond to the letter. Since any response can be used against a member in a legal proceeding, members are advised not to respond before conferring with Western Growers or legal counsel.

Look for additional information to follow.