Updated CDC Vaccination Guidance

February 9th, 2021

The Centers for Disease Control and Prevention (CDC) has developed several resources to assist the public with understanding the COVID-19 vaccination process. Please refer to the links below to access the latest CDC recommendations and guidance documents.

Because the U.S. supply of COVID-19 vaccine is limited, the CDC is providing recommendations to federal, state, and local governments about who should be vaccinated first. CDC’s recommendations are based on those from the Advisory Committee on Immunization Practices, an independent panel of medical and public health experts.

Each state has its own plan for deciding who will be vaccinated first and how they can receive vaccines. Please contact your local health department for more information on COVID-19 vaccination in your area.

Provides answers to commonly asked questions about COVID-19 vaccinations.

Designed for employers of essential workers, the CDC has provided a toolkit to help employers educate their essential workers about the importance of vaccines in preventing the spread of COVID-19.

The Advisory Committee on Immunization Practices has issued interim recommendations for the use of Pfizer-BioNTech and Moderna COVID-19 vaccines for the prevention of COVID-19 in the U.S., including recent updates to recommendations on intervals between the first and second dose and on the interchangeability of vaccine products.

Provides information about the characteristics of new COVID-19 variants and the latest scientific understanding of how easily they spread, whether they could cause more severe illness, and whether currently authorized vaccines will protect people against them.

Contains maps, charts and data on overall COVID-19 vaccine delivery and administration in the U.S.

WGAT, Consortium Advocates for Additional Vaccines for Farm Employees in Santa Barbara County

February 23rd, 2021

The Santa Barbara County Food and Agriculture Clinic Consortium (the Consortium) recently sent California Government Operations Agency Secretary Yolanda Richardson a letter urging the State to increase its vaccine allocation for farm employees in Santa Barbara County.

According to the letter, the State has estimated that there are less than 9,000 agricultural workers in Santa Barbara County and is using that number for vaccine allocation planning purposes. However, the California Employment Development Division (EDD) has listed peak total farm employment at between 28,000 and 29,000 over the past two years.

Considering these figures, the Consortium calls on the State to “use the current figures from the EDD to reflect an actual Agriculture Sector employment in Santa Barbara County of at least 28,000 to 33,000 individuals—not 8,830.”

In the letter, the Consortium also affirms that local healthcare partners will play an important role in vaccine acceptance and administration among food and agriculture workers in the county and requests “the opportunity for the Santa Barbara County Public Health Department to continue to receive direct vaccine allocations for Food and Agriculture Workers for distribution to our partners in health.”

Click here to read the full letter.

Western Growers Assurance Trust (WGAT) is a member of the Santa Barbara County Food and Agriculture Clinic Consortium, which was convened to advance the common goal of promoting public health by administering the COVID-19 vaccine to food and agriculture workers.

FDA COVID-19 Vaccination Resources for Agriculture

February 24th, 2021

FDA has published a new web page to help agricultural employers communicate about COVID-19 vaccinations to their workforce. The resources are from FDA, the Centers for Disease Control and Prevention (CDC) and other trusted partners.

Click here to access the COVID-19 vaccination resources for agriculture page.

As the COVID-19 vaccine supply increases, FDA hopes these resources will help leadership and management of agriculture operations support worker vaccination.

Among other resources, the page includes the following links:

APMA Hosts Series of Upcoming HRPA Certificate Program for HR Professionals

February 3rd, 2021

The Agricultural Personnel Management Association (APMA) is offering Human Resource  Professional in Agriculture (HRPA) Certificate Program sessions, beginning February 22, 2021. WG Human Resources (HR) Learning & Development Manager Anna Bilderbach will kick-off parts 1 and 2, presenting an introduction of HR management and an overview of HR basics. WG Senior Vice President, Human Resources Karen Timmins will also be presenting during these virtual classes.

The HRPA Certificate Program is focused on agriculture and a range of topics designed to assist HR professionals with advancing to the next level. Comprised of nine HR-related courses, all sessions are required to receive the program certificate and designation.

Click here to view the HRPA Certificate Program 2021 schedule.  To register for classes, click here

Grants Now Available for Low-Dust Nut Harvesters in San Joaquin Valley

February 9th, 2021

Agricultural operators throughout the San Joaquin Valley can now apply for grants to purchase low-dust harvesters. 

The San Joaquin Valley Air Pollution Control District recently launched the Low-Dust Nut Harvester Replacement Program, an effort to significantly reduce particular matter 10 microns and smaller emissions that result from nut harvesting activities. The program will pay for 50 percent of the cost, or as much as $150,000 per unit toward replacing old harvesting units.

For complete guidelines on the Low-Dust Nut Harvester Replacement Program or to apply, click here.

 

WG 2021 Voice of the Member Survey Results Are In; Christopher Casado Wins Complimentary Annual Meeting Registration

February 4th, 2021

Western Growers is committed to meeting the needs of our members, providing valuable benefits and programs designed to assist members with their operations. In January, a survey was emailed to all WG members, encouraging them to share their most-valued benefits and programs; reasons why they continue to be members of WG; and their overall concerns with the industry.

Here are the top highlights revealed by the survey:

Top 5 Benefits and Programs members are engaged in:

  • Food Safety Updates and Training
  • Health Insurance (Western Growers Assurance Trust)
  • Informative Webinars
  • AgSalary/Compensation Survey
  • State and Federal Advocacy

Top 5 Reason why members join Western Growers

  • State and Federal Advocacy
  • Food Safety Updates and Training
  • Networking
  • Health Insurance
  • Innovation efforts

Members continue to be most concerned about:

  • Labor costs, regulations, and availability
  • California regulatory burdens
  • Water issues
  • Food safety
  • COVID19 compliance and resources
  • Innovation and technology
  • Insurance
  • Immigration
  • Crop Protection

WG will continue the fight to influence change and provide our members with services and programs such as health benefits, government advocacy, employee training, industry compensation data and more. We are dedicated to making sure our members have what they need to continue to provide fresh produce for the world.

In addition to the valuable information received through this survey, WG is also proud to announce the winner of the survey drawing: Christopher Casado of Cal West Packing. Each participant of the 2021 Western Growers Voice of the Member Survey was placed in a raffle where one lucky winner would receive complimentary registration to the 2021 Western Growers Annual Meeting in San Diego. Congratulations Christopher, and thank you to all who participated in this year’s member survey.

Watch Livestream of Harvest Automation Initiative Launch

February 8th, 2021

On Thursday, Western Growers will officially launch its Global Harvest Automation Initiative, a series of groundbreaking projects dedicated to accelerating harvest automation across the fresh produce industry. The launch event will be livestreamed at: www.wga.com/feb1121-live.

The global initiative is comprised of several key projects uniquely designed to solve the ag industry’s labor woes while simultaneously helping harvest automation start-up companies commercialize and scale at a more rapid pace. This includes creating a Harvest Automation Cohort, Top Harvest Automation Roadmap, annual impact reports and a Tech Stack Project to help startups apply existing technology to future robots. The goal of the initiative is to automate 50 percent of harvest within 10 years.

Full details about the Global Harvest Automation Initiative will be revealed during a special WG event on February 11, 2021, at 9 a.m. – 4 p.m. PT, in Tulare, Calif. The event, which will follow all COVID-19 safety precautions including masks and social distancing, will include the following:

  • Update from tech giants like Microsoft, Trimble and Finistere on harvest tech development
  • News of mechanization effort from global partners in France, Israel, New Zealand and the UK
  • Growers Panel on Automation Needs on the Farm: Don Cameron (Terranova Ranch), Drew Ketelson (HMC Farms), Neill Callis (Turlock Fruit Company), Vic Smith (JV Smith Co)
  • Tech Panel on Automation Updates: Bayer Crop Science, Citrus Research Board
  • Discussion on robotics applications for harvesting with FarmWise (who was recently listed in TIME’s Best Inventions of 2020)

All are welcome to tune in virtually at: www.wga.com/feb1121-live.  

Get in the Know on PAS Sales Terms

February 10th, 2021

Whether you are establishing a sale or amending a sales contract, here are some helpful reminders to be aware of when using PAS (Price after Sale) sales terms. Afterall, PAS  (also referred to as open price sale or open sale) does not establish a consignment or an agency relationship. With everything already agreed to but price, it is a straight buy-sale relationship. No detailed account of sales is required, and the buyer must pay the fair market value or a price mutually agreed to between the parties. It is not acceptable for a buyer to simply remit what they deem appropriate; there must be evidence that the remittance meets fair market value for the produce. Although not required, the buyer may choose to submit a detailed account of sales to demonstrate the value when negotiating the appropriate return with the shipper. Remember, just because an account of sales is not required, it could be the buyer’s best evidence of the fair market value. 

As a word of caution, the term Price after Sale (PAS) is not defined by the Perishable Agricultural Commodities Act (PACA). The PACA therefore defers to the Uniform Commercial Code Sale of Goods that “parties can have a binding contract even if they never agreed to a price.” Sometimes when buyers or sellers have yet to discuss price, they may agree to negotiate a price later, or they may agree on a formula/standard to set the price at a later time. In each of these cases, the UCC states, “The price is a reasonable price at the time of delivery.”

If the load arrives distressed or other quality issues are claimed at destination, the buyer needs to get the product federally inspected to prove it was substandard, which will also help to establish the fair market value. Without a federal inspection, the shipper is entitled to the fair market value for merchantable, quality product at time of delivery.

The trade guidance given to shippers, when it warrants amending sales contracts with buyers, is to not use PAS sales terms and rather find common ground to settle on a per unit price adjustment. If unsuccessful, the secondary option is to agree to consignment so you can receive a complete detailed account of sales from the buyer, enabling transparency to review all individual sale prices and related expenses. Always trust but verify; never accept a return from a buyer without supporting documentation, especially when handling and accounting for growers.

As defined by PACA, the following issues are all in play with a PAS contract:

  • Buyer has all normal sales warranties
  • Buyer may accept/reject based on usual protocols
  • If parties cannot agree upon price, PACA will request the buyer’s account of sale, or if there is no account of sale, the USDA Market News Reports will be utilized to determine a reasonable market value.

If you find yourself in a situation like this or wish to explore your options on negotiating either PAS or consignment sales terms, please feel free to contact me to discuss your best course of action at 949.885.2392 or [email protected].

WG COVID-19 Testing & Vaccination Resource Center Now Offers Vaccination FAQs, Rapid Testing Program, Templates and More

February 2nd, 2021

Manage your workforce COVID-19 testing and vaccination needs with Western Growers COVID-19 Testing & Vaccination Resource Center.

This web page will serve as the hub of information for updates, resources and key links to assist our members with questions related to COVID-19 testing and the vaccine rollout. The Centers for Disease Prevention and Control (CDC) is currently working with state and county health department officials to determine vaccine priorities and administration processes.

Current resources include:

For more information, visit our COVID-19 Testing & Vaccination Resource Center at https://www.wga.com/covid-19-updates. Be sure to check back often as this page will be updated with the latest and most authoritative information for the agriculture industry.

Coachella City Council Passes Temporary Increase in Agricultural Employee Pay

February 11th, 2021

On Wednesday, February 10, the Coachella City Council unanimously passed a mandate that farmers and other agricultural employers provide an additional $4 per hour to their employees for at least four months, effective immediately. Grocery, restaurant and retail pharmacy workers are also covered under the ordinance, which applies to businesses that employ 300 or more workers nationally and more than five employees in the city of Coachella.

Prior to the city council meeting, WG President & CEO Dave Puglia submitted a letter to the members of the council stating that the proposed mandate “would harm many long-standing family farms, field workers and other employees whose livelihoods are invested in those farms, and the post-pandemic economic recovery of the region.”

In the letter, Puglia noted that labor is by far the highest cost for California family farms, and that farmers are price takers, not price setters, unable to simply pass the cost of higher wages on to grocery stores and restaurants.

Puglia concluded: “There will be unintended consequences, the most likely being a dramatic decline in production by local farmers this season and possibly longer as grocery stores and restaurants turn elsewhere in the supply chain… All of this translates into lower earning opportunities for local farm employees and reduced economic activity in the region.”

Click here to view Dave Puglia’s letter to the Coachella City Council.

In a Los Angeles Times report, Juan Manuel Moran, a United Farm Workers internal organizing coordinator, echoed Puglia’s sentiments, stating that farms are already struggling with higher worker pay and may not be able to operate with further wage hikes. Moran noted that the additional pay mandate sounds good in theory, but in practice “the worker ends up losing.”

WGAT, Consortium Advocates for Additional Vaccines for Farm Employees in Santa Barbara County

February 23rd, 2021

The Santa Barbara County Food and Agriculture Clinic Consortium (the Consortium) recently sent California Government Operations Agency Secretary Yolanda Richardson a letter urging the State to increase its vaccine allocation for farm employees in Santa Barbara County.

According to the letter, the State has estimated that there are less than 9,000 agricultural workers in Santa Barbara County and is using that number for vaccine allocation planning purposes. However, the California Employment Development Division (EDD) has listed peak total farm employment at between 28,000 and 29,000 over the past two years.

Considering these figures, the Consortium calls on the State to “use the current figures from the EDD to reflect an actual Agriculture Sector employment in Santa Barbara County of at least 28,000 to 33,000 individuals—not 8,830.”

In the letter, the Consortium also affirms that local healthcare partners will play an important role in vaccine acceptance and administration among food and agriculture workers in the county and requests “the opportunity for the Santa Barbara County Public Health Department to continue to receive direct vaccine allocations for Food and Agriculture Workers for distribution to our partners in health.”

Click here to read the full letter.

Western Growers Assurance Trust (WGAT) is a member of the Santa Barbara County Food and Agriculture Clinic Consortium, which was convened to advance the common goal of promoting public health by administering the COVID-19 vaccine to food and agriculture workers.

FDA COVID-19 Vaccination Resources for Agriculture

February 25th, 2021

FDA has published a new web page to help agricultural employers communicate about COVID-19 vaccinations to their workforce. The resources are from FDA, the Centers for Disease Control and Prevention (CDC) and other trusted partners.

Click here to access the COVID-19 vaccination resources for agriculture page.

As the COVID-19 vaccine supply increases, FDA hopes these resources will help leadership and management of agriculture operations support worker vaccination.

Among other resources, the page includes the following links:

Governor Newsom, Legislative Leaders Reach Agreement for Californian Pandemic Hardship Relief

February 19th, 2021

California Governor Newsom, Senate President pro Tempore Toni Atkins and Assembly Speaker Anthony Rendon recently announced that they have reached an agreement on a package of immediate actions to speed pandemic hardship relief to individuals, families and businesses.

Included in the relief package is a four-fold increase (from $500 million to more than $2 billion) for grants up to $25,000 for small businesses affected by COVID-19.

According to Newsom’s press release, “the agreement also partially conforms California tax law to new federal tax treatment for loans provided through the Paycheck Protection Plan, allowing companies to deduct up to $150,000 in expenses covered by the PPP loan. All businesses that took out loans of $150,000 or less would be able to maximize their deduction for state purposes. Larger firms that took out higher loans would still be subject to the same ceiling of $150,000 in deductibility. More than 750,000 PPP loans were taken out by California small businesses. This tax treatment would also extend to the Economic Injury Disaster Loans as well.”

In addition to providing tax relief for businesses, the agreement also offers cash relief to lower-income Californians; increases aid to small businesses; provides license renewal fee waivers to businesses impacted by the pandemic; commits additional resources for critical child care services; and funds emergency financial aid for community college students. For more details, click here to read full press release.

Court Hears Arguments on Motions for Preliminary Injunction in ETS Lawsuits

February 4th, 2021

On Thursday, January 28, 2021, the San Francisco Superior Court heard back-to-back oral arguments on motions for preliminary injunctions sought in two lawsuits – one by the Western Growers-led agricultural and broad business coalition, and the other by the National Retailers Federation –  to stop the recently-enacted Cal OSHA Emergency Temporary Standard (ETS) concerning COVID-related occupational safety requirements from being enforced.  

Prior to the hearing, Judge Schulman indicated that he was inclined to deny the requests for injunctive relief saying such a ruling by the court could have dire consequences for public health. However, David Schwarz, lead counsel for the agricultural groups persuasively argued, among other things, that the Cal/OSHA Standards Board violated the Administrative Procedures Act when it inserted an addendum to the administrative record purportedly justifying its finding of emergency after the record was certified as complete.  NRF attorney Jason Mills argued that Cal/OSHA overstepped its authority and is shifting the costs of the global pandemic onto businesses, particularly small businesses.

The court did not issue a ruling, instead inviting the parties to submit further briefing on the remedy of severability (i.e., if a portion of the regulation is invalid or unconstitutional, whether the remaining portions of the regulation are valid and enforceable standing alone.)  For example, the court could decide to keep in place the requirements to have a COVID Prevention Plan, mask wearing, but strike the elements related to housing and transportation.

According to the Court’s order, the matter will be deemed submitted as of February 11, 2021, with a final decision expected soon thereafter.

The cases are Western Growers Association et al. v. California Occupational Safety and Health Standards Board et al., case number 20STCP04292, and National Retail Federation et al. v. California Department of Industrial Relations, et al., case number CGC-20-588367.

Projected H-2A Wage Rates for 2021

February 12th, 2021

Today, the U.S. Department of Agriculture (USDA) gave a preview of what the 2021 H-2A wage rates will be. USDA released its Farm Labor Survey (FLS), which the Department of Labor (DOL) will use to generate the 2021 Adverse Effect Wage Rates (AEWRs). The DOL’s rule to transition away from the FLS and to freeze the AEWR for two years was enjoined by a court in the recent litigation brought by UFW against the DOL. Pursuant to the court’s order, the DOL will publish the new AEWRs in the Federal Register in the next two weeks and go into effect immediately thereafter. 

According to the Agricultural Coalition for Immigration Reform (ACIR) and Shawn Packer with JPH Law Firm (formerly CJ Lake), the new rates will be as follows for Western Growers’ states:

  • California’s AEWR will increase by $1.28, to $16.05 per hour;
  • Arizona’s and New Mexico’s AEWR will increase by $0.76, to $13.67 per hour; and
  • Colorado’s AEWR will increase by $0.56, to $14.82 per hour.

While not final, these numbers are expected to become the actual AEWRs when DOL publishes the new rates in the coming weeks.

Since 2005, Western Growers H-2A Services has helped WG members successfully access the H-2A agricultural visa program. If you are anticipating having a shortage of reliable labor this year, please contact WG Senior Vice President and General Counsel Jason Resnick for information about our exclusive H-2A services.

The DFEH Pay Data Reporting Portal is Now Open

February 19th, 2021

According to California regulation, private employers with 100 or more employees must file pay data reports with the CA Department of Fair Employment and Housing (DFEH) by March 31, 2021. The portal for employers to file their reports is now available.

As previously reported here, SB 973 requires qualified private employers to report detailed pay-related data on an annual basis to the DFEH beginning March 31, 2021. On or before the deadline, and annually thereafter, employers with 100 or more employees, who are also required to file an annual Equal Employment Opportunity Commission’s Employer Information Report, and has at least one California employee, must submit a pay data report to the DFEH.

The DFEH’s homepage also includes the following resources:

  • A Portal User Guide
  • Excel Template to create reports
  • Answers to FAQs

Click here to access the California Pay Data Reporting Portal.

New H-2A Wage Rates Now in Effect

February 23rd, 2021

On Feb. 23, 2021, the U.S. Department of Labor published the Adverse Effect Wage Rates (AEWR) for 2021. The new AEWRs go into effect immediately, meaning any H-2A workers or U.S. workers in corresponding employment, get an immediate pay raise.

The new wage rates are identical to those projected here:

  • California’s AEWR is now $16.05 per hour;
  • Arizona’s and New Mexico’s AEWR is now $13.67 per hour; and
  • Colorado’s AEWR is now $14.82 per hour.

California had the largest increase in the nation — jumping $1.28/hour, or 8.7%, above 2020.

The AEWRs are the minimum rates the DOL has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment based on a particular occupation and area.

The DOL was ordered to publish new AEWRs this month after a U.S. District Court granted an injunction, effectively killing the rule that would have frozen the 2020 AEWRs for two years. The rule would have also adjusted how wages would be determined after 2023. Wage rates were scheduled to be adjusted based on the Bureau of Labor Statistics’ Employment Cost Index, instead of the Farm Labor Survey.  The UFW has also asked the court to award backpay to H-2A employees who have worked under the 2020 wage freeze since the injunction was issued. That question remains unsettled.

All employers with H-2A contracts now in effect should adjust their payroll systems to reflect the new AEWR. Western Growers H-2A Services has begun filing H-2A applications reflecting the new AEWRs in filings on behalf of its clients.

Western Growers Statement on Confirmation of Agriculture Secretary Tom Vilsack

February 23rd, 2021

IRVINE, Calif. (February 23, 2021) – In response to the Senate’s confirmation of Tom Vilsack as the U.S. Secretary of Agriculture, Western Growers President & CEO Dave Puglia issued the following statement:

“We are pleased the Senate has confirmed Tom Vilsack as Secretary. Our work with him during his previous service as Secretary yielded positive policy actions for the fresh produce industry. Looking ahead, we must band together to address short term, pandemic-related needs such as funding for worker safety costs, as well as larger and longer term threats to the viability of farming in the West. Over the next four years, we know Secretary Vilsack will work with us as he has in the past to ensure economic prosperity for America’s family farmers.”

About Western Growers:
Founded in 1926, Western Growers represents local and regional family farmers growing fresh produce in Arizona, California, Colorado and New Mexico. Our members and their workers provide over half the nation’s fresh fruits, vegetables and tree nuts, including nearly half of America’s fresh organic produce. Some members also farm throughout the U.S. and in other countries so people have year-round access to nutritious food. For generations, we have provided variety and healthy choices to consumers. Connect with and learn more about Western Growers on our Twitter and Facebook.

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Register Now For Upcoming Western Growers University Courses

February 4th, 2021

Training sessions are rapidly approaching, but there is still time to register and secure your spot with our experts. Whether you are a Western Growers member or non-member, we encourage you to explore our customized educational offerings to catapult your business to the next level.

Registration is open for a VARIETY of courses, both English and Spanish, and are offered in the following formats:

  • Public Webinars: Join your fellow WGU participants in a live training.
  • E-Learning: Complete your training at your own pace.
  • Private Webinars: Schedule specific time with our subject matter experts to train alongside your colleagues.

Click here to learn more about Western Growers University’s course catalog. To reserve your spot for future training sessions, please contact [email protected], or simply call/text inquires directly to (949) 439-9740.

 Upcoming Courses

9-Feb

Navigating Through Change &
Managing Transformation Effectively*

English

9:00-10:30 A.M.

90 minutes

16-Feb

Coaching Employee Performance Effectively*

English

9:00-10:30 A.M.

90 minutes

More Guidance

Unsure about which courses you should take in order to comply with industry standards? Contact Anna Bilderbach, Western Growers Learning and Development Manager, to analyze your training needs and provide you with expert guidance and develop an effective learning program.

U.S. Officials Confirm Food Does Not Transmit COVID-19

February 11th, 2021

While recent reports from the World Health Organization (WHO) imply a possibility of COVID-19 transmission from food or food packing, the U.S. Centers for Disease Control and Prevention, U.S. Food and Drug Administration, U.S. Department of Agriculture, peer global regulatory bodies and leading food safety experts agree that there is no evidence to support transmission of COVID-19 associated with eating food or handling food packaging.

Western Growers publically supports this scientific evidence regarding COVID-19 transmission, as the Association has advocated since the onset of the pandemic that consumers should not be concerned about COVID-19 transmission via food or food containers.

Most recently, WG and other representatives of the food and beverage critical infrastructure formally requested that the WHO and the World Trade Organization shift their scientific conclusions that consumers cannot contract COVID-19 by eating foods or handling food packaging, thereby allowing a narrative that is not supported by credible science. Click here to read the letter.