WG Joins Alliance for a New Immigration Consensus, Calls on Congress for Common Sense Reform

March 3rd, 2022

Western Growers has joined the Alliance for a New Immigration Consensus, a bipartisan coalition calling on the White House and members of Congress to enact immigration reform.

In a letter sent to Congressional leadership on March 2, ANIC wrote: “This Alliance believes that Congress and the White House can come together on immigration reforms that address issues impacting communities across America, including the legal status of Dreamers, farm workers and other immigrants contributing to our communities, the security at our border, and the economic concerns regarding the availability and cost of the food on our tables.”

ANIC asked legislators to enact solutions this year that address:

  • The uncertainty that dominates the everyday lives of so many undocumented immigrants seeking to contribute to our economy;
  • The concern with the security vulnerabilities at our border and the need to strengthen the United States’ ability to manage the border in a secure, orderly, and humane manner; and
  • The workforce limitations in our agricultural sector that are currently contributing to supply chain disruption and raising cost concerns.

Other members of the coalition include the U.S. Chamber of Commerce, the National Retail Federation and a spectrum of faith-based organizations.

More information about the ANIC can be found here. The full text of the letter to Congress can be read here.

Ocean Shipping Reform Act Gets Bipartisan Vote in U.S. Senate Committee

March 24th, 2022

On March 22, the U.S. Senate Committee on Commerce, Science & Transportation passed S. 3580, the Ocean Shipping Reform Act. This bill aims to crack down on unreasonable practices by container shipping lines, bolster U.S. enforcement against uncompetitive carrier practices and improve transparency for exporters. The bill also works to ensure that carriers (e.g. container shipping lines) may not unreasonably decline to export cargo.

Western Growers has proactively worked to support OSRA and its progression through the House and Senate. 

Since Fall 2020, U.S. agricultural exporters have faced extreme challenges getting their products onto ships and out to foreign buyers, including record-breaking congestion and delays at ports, shipping lines’ persistent failure to provide accurate notice of arrival/departure and cargo loading times, excessive financial penalties and other fees, as well as skyrocketing freight rate costs.

Unfortunately, this situation remains fluid with no clear end in sight; based on current projections, we may not see a return to normal until early 2023, all but guaranteeing tough months ahead for our export-sensitive crops.

WG Science & Tech Leaders to Speak at Western Food Safety Conference

March 3rd, 2022

Register today for the Western Food Safety Conference, a two-day event in May where attendees will learn about the latest innovations and best practices in field-to-fork safeguards for consumers.

The event – which will be held on May 4-5, 2022, both in-person and online – will focus on the culture of food safety. The sessions will cover topics including risk-based thinking to assess agricultural water under the U.S. Food & Drug Administration’s Proposed Rule on Agricultural Water, how education and training are changing to accommodate digital agriculture, challenges and opportunities of risk management, and more.

Western Growers is a proud sponsor of the Western Food Safety Conference 2022 and numerous Western Growers board members and executives will headline the panels. This includes Bruce Taylor (Taylor Farms Chairman and CEO), Walt Duflock (WG Vice President of Innovation), Sonia Salas (WG Assistant Vice President, Food Safety, Science & Technology) and Dennis Donohue (Director of Western Growers Center for Innovation & Technology).

Click here to see the agenda and full slate of speakers.

EVENT DETAILS:

17th Annual Western Food Safety Conference Registration

Date: May 4-5, 2022

Location: Both online and in-person at Hartnell College’s Performing Arts Center (411 Central Avenue Salinas, CA 93901)

Cost: Early bird registration is $250 through February 28, 2022; after that closes, cost will be $295.

Register: https://hartnellfoundation.org/17foodsafety-register/ 

AgTech Workforce Development Summit Comes to Salinas

March 15th, 2022

Register today for the AgTechX Ed Summit – a special industry event with California Department of Food and Agriculture Secretary Karen Ross dedicated to developing the next generation of tech-savvy agricultural workers.

The Western Growers Center for Innovation & Technology, California Department of Food and Agriculture and Hartnell College have partnered to host AgTechX Ed on Wednesday, April 13. This half-day event will be comprised of 3 panels, with several keynote addresses, covering topics including: industry issues and skill identification; education and workforce development strategies; and current and future workforce needs on the farm.

CLICK HERE TO REGISTER. 

EVENT DETAILS:

  • What: AgTechX Ed at Hartnell College
  • When: Wednesday, April 13, from 1 p.m. – 6 p.m.
  • Where: Hartnell College | 411 Central Avenue Salinas, CA 93901
  • Cost: Free
  • Register: To register, sign up at: https://pages.agtechxfs.com/hartnell-2022-04-13/

Click here to see the full agenda and roster of speakers. For questions, contact Western Growers Center for Innovation & Technology Director Dennis Donohue at [email protected] or  (831) 594-4883. 

March/April 2022 WG Magazine Now Available

March 15th, 2022

The digital edition of the newest Western Grower & Shipper Magazine is now available at https://online.flippingbook.com/view/585757967/.

This March/April 2022 edition includes stories and columns that provide an in-depth analysis on topics affecting the agricultural industry – everything from supply chain pressures and battling PAGA extortion to ag water management evolution and ensuring a healthy future for the ag workforce.

Below is a sampling of the columns and stories included in the Mar/April 2022 edition of Western Grower & Shipper Magazine:

  • President’s Notes: A Resilient American Food System
    “We can all learn from the COVID crisis to better anticipate and plan for future crises impacting American food production and supply chains. We will not, however, consent to attempts to redefine the very things that provide food system resilience—private property ownership, private investment and risk capital, and the forces of a free market—as vulnerabilities that demand ‘food system reform.’” Read more.
     
  • In-Depth Analysis:
    • C.H. Robinson Predicts Supply Chain Pressures to Ease in 2022
    • Battling PAGA Extortion Through Proactive Risk Management
    • Shipper Steps to Take When Verifying a Potential Rejection
    • Agricultural Water Management Evolution
    • Does Your Company Need an Employer Handbook?
    • Ensuring a Healthy Future for the Agricultural Industry
    • COVID-19 and Advocacy in California
    • Mental Health Awareness: A Community Approach is Vital to Saving Lives
  • Tech Corner:
    • Western Growers HarvestWiki: Built by Growers to Help Agtech Startups
    • AgTechX Events Advance Workforce Development and Food Safety Tech
    • WGCIT Startup ChysaLabs: Eliminating the Guesswork When it Comes to Soil Health
    • Research & Innovation are at Bayer’s Core
  • Member Highlights:
    • WG Member Profile: Homegrown Organic Farms
    • WG Women Profile: Sarah McClarty
  • The Farmer’s Second Job: Being an Agricultural Advocate
    As farmers retire, one question arises: who will pick up the “agvocacy baton” and continue to fight for the future of agriculture? The next generation will. Read more.

Click here to read the full edition of Western Grower & Shipper Magazine.

Click here to download the March/April 2022 edition as a PDF.

 All WG members will receive a hard copy of the magazine within the next two weeks. For questions, contact Stephanie Metzinger at [email protected].

Deciphering the Boundary Lines: PACA Jurisdiction

March 30th, 2022

Most shippers understand that goods must be sold in or in contemplation of interstate commerce for PACA to have jurisdiction. However, a common misconception is that fresh or frozen produce must cross state lines to qualify as being sold in or in contemplation of interstate commerce. That is not always the case. 

In Steve Almquist Sales & Brokerage v. Mountain High Potatoes & Onion, Inc. (65 Agric. Dec. 1418), Oregon based buyer, Mountain High, sourced onions from Almquist, a Brawley, CA based shipper that were destined for the buyer’s customer in Bakersfield, CA.  After the onions were accepted by Mountain High, a dispute arose wherein the buyer alleged that Almquist had agreed to accept a reduced price based on the Buyer agreeing to purchase additional loads, which Almquist denied.  Mountain High paid the invoice based on the reduced price; Almquist filed a reparation action claiming the difference. As an affirmative defense, Mountain High alleged that PACA lacked jurisdiction because the onions never crossed state lines.  

In analyzing the issue, the Department found that there are a number of elements that would cause this shipment to come under PACA jurisdiction. First, Mountain High is a PACA licensee that regularly conducts business in interstate commerce. The transaction in this case was arranged between offices in California and Oregon.  Additionally, the parties were later involved in a shipment from California to Canada. And the commodity, onions, is one that regularly moves in interstate commerce. Finally, the Department noted that Mountain View had business locations in three different states.  

“These factors…reasonably indicates that the Respondent does a significant part of its business in interstate commerce. Under the D.C. Circuit court’s decision in The Produce Place vs. United States Department of Agriculture, 319 U.S. App. D.C. 369 (1996), to establish jurisdiction over a transaction, the Department need only show that the commodity was of the type that regularly moves in interstate commerce and was shipped to or from a dealer that does a substantial portion of its business in interstate commerce. The transaction between Complainant and Respondent satisfies both of these jurisdictional elements and thus, properly falls within the Department’s jurisdiction under the Act…. 

As noted above, in The Produce Place, the U.S. Court of Appeals for the D.C. Circuit made it quite clear that actual movement between states is not required for PACA jurisdiction to exist.” 65 Agric. Dec. 1418-19. 

As this Decision and Order highlights, produce does not have to physically cross a state line for the PACA to have jurisdiction. While there are some exceptions, PACA has jurisdictions in most produce contract disputes involving our members based on the premise that the sales transaction was in contemplation of interstate commerce. 

As always, every transaction has its own nuance and special circumstances, and if you are wondering whether or not your transaction falls under the jurisdiction of the PACA and wish to explore your options, please contact me to discuss your remedies at 949.885.2392 or [email protected].  

New FDA Report Finds No PFAs in Sampled Produce

March 1st, 2022

A report issued by the U.S. Food and Drug Administration found no PFAs in the sampled produce that was part of the organization’s most recent testing of the general food supply.

Eighty nine of 92 food samples showed no detectable levels of PFAs, while three seafood samples – tilapia, cod and shrimp – had detectable levels.

The food samples analyzed were collection for the Total Diet Study, and are the fifth set of general food supply testing done by the FDA. Since 2019, there have been 10 samples with detectable PFAs out of the 532 samples tested.

“Based on the best available current science, the FDA has no scientific evidence that the levels of PFAs found in the TDS samples tested to date indicate a need to avoid any particular food,” the report states.

The test results can be viewed and downloaded here.

For more information or questions about PFAs, please contact Sonia Salas, AVP Food Safety, Science and Technology, at [email protected].

Join WG to Learn About a Ballot Initiative to End PAGA Shakedown Lawsuits

March 3rd, 2022

On Thursday, March 10, Western Growers will host a virtual Town Hall to discuss the effort to qualify a ballot initiative aimed at ending PAGA shakedown lawsuits.

If you are a California employer, you are probably familiar with the Private Attorneys General Act. Over the past five years, PAGA has been used by trial lawyers to extract $5 billion from California businesses to settle “trip-wire” employment law claims.

In fact, your company may have been a target of these shakedowns, which have cost California agricultural businesses $45 million in the last five years, with an average settlement of $775,000. If you haven’t already been hit with a PAGA lawsuit, consider the potential cost of your exposure.

Several industry groups have filed a ballot initiative to do away with these predatory lawsuits, and we are collecting signatures now to ensure that it qualifies for the November ballot. There are only a few months left to gather signatures.

During the WG Town Hall, Dave Puglia (WG President and CEO) and Jason Resnick (WG Senior Vice President and General Counsel) will explain the current PAGA law and detail the campaign strategy and polling data.

EVENT DETAILS:

WG Town Hall: The Ballot Initiative to End PAGA Shakedown Lawsuits

Learn more about the California Fair Pay and Employer Accountability Act and how it will impact California agricultural businesses here.

FDA Releases Summary Report on Avocado and Guacamole Sampling Assignment

March 17th, 2022

On March 16, 2022, the U.S. Food and Drug Administration (FDA) released findings from a sampling assignment that collected and tested processed avocado and guacamole from November 2017 to September 2019. The assignment sought to estimate the prevalence of Salmonella spp. and Listeria monocytogenes in processed avocado and guacamole as part of the FDA’s ongoing effort to proactively ensure food safety and prevent contaminated food from reaching consumers.

During the assignment the FDA collected and tested a total of 887 samples of both domestic and imported processed avocado and guacamole. The agency detected Salmonella spp. in two samples, which were later determined to be distinct samples of the same brand of domestically manufactured guacamole. Neither of these samples had received high pressure processing (HPP) treatment. HPP is a kill step increasingly used by this industry to neutralize harmful pathogens.

The FDA detected Listeria monocytogenes in 15 samples. Of those 15 samples, eight had not received HPP treatment; the agency could not determine whether the other seven samples had received HPP treatment. Following whole genome sequencing conducted on the pathogens detected, the agency determined in the case of each positive that either there was no linkage to any clinical illnesses or that the available epidemiological information was inconclusive with respect to the food or other vehicle involved in the illnesses.

The assignment data show that the estimated prevalence of these pathogens in the non-HPP-treated samples was higher than in the HPP-treated samples. These findings appear to align with research that indicates HPP is an effective kill step. The findings of this assignment also underscore the need for processors of processed avocado and guacamole and others in the supply chain to comply with the agency’s Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food rule, as applicable.

The FDA will continue to sample processed avocado and guacamole for pathogens as warranted to protect consumers.

FDA Constituent Update

FDA Launches Ag Water Assessment Builder to Help Farms Understand Ag Water Proposed Rule Requirements

March 22nd, 2022

On March 21, 2022, The U.S. Food and Drug Administration (FDA) released a new Agricultural Water Assessment Builder to help farms understand the proposed requirements for an agricultural water assessment in the Agricultural Water Proposed Rule. Use of the tool is optional.

If finalized, the proposed rule would require farms to conduct systems-based agricultural water assessments to determine and guide appropriate measures to minimize potential risks associated with pre-harvest agricultural water. The assessment includes an evaluation of the water system, agricultural water use practices, crop characteristics, environmental conditions, potential impacts on source water by activities conducted on adjacent and nearby land and other relevant factors, such as the results of optional testing.

FDA Constituent Update

Preservation Inc./CURES to Hold Events on Central Coast Water Quality

March 29th, 2022

Under Ag Order 4.0, Preservation Inc. (PI) continues monitoring water quality of Central Coast agricultural-dominated waterways. In these upcoming meetings, PI will review past and current sampling results from the Cooperative Monitoring Program (CMP) in the Salinas and Santa Maria Valleys. The Coalition for Urban Rural Environmental Stewarship (CURES) will report on its best management practices development and outreach program targeting offsite movement of pyrethroid and neonicotinoid insecticides. 

Two hours of DPR Continuing Education credits/Laws and Regulations have been approved for the session. Please RSVP to [email protected] if you plan to attend. For information, either text or call 831-240-9533.

Santa Maria: April 5, 2022 10 a.m. – 12 p.m.

Santa Maria Public Library, 421 S McClelland St, Santa Maria

Salinas: April 12, 2022, 10 a.m. – 12 p.m.

Monterey County Farm Bureau office; 1140 Abbott Street, Ste C, Salinas

CURES is sponsoring these meetings, and to find out more please visit www.curesworks.org

California Adopts New Indoor Mask Policies Amid Decline in COVID Case Rates

March 1st, 2022

California announced that starting March 1, masks will no longer be required for unvaccinated individuals, but will be strongly recommended for all individuals in most indoor settings. This guidance also applies to unvaccinated workers indoors; employers must still provide a face covering upon request of an employee.

However, masks will still be required for everyone in high-transmission settings. Please note that local jurisdictions may have additional requirements beyond the state guidance.

The change in mask mandates were triggered by the declining case rates and hospitalizations across the California.

Today, Governor Newsom issued an Executive Order updating the Cal/OSHA Emergency Temporary Standard to conform to the updated CDPH guidance. The order also extends the current ETS through May 5, 2022. California employers that elect to eliminate indoor masking requirements should update their COVID-19 Prevention Programs accordingly.

RESOURCES:

  • Press Release: Governors Newsom, Brown and Inslee Announce Updated Health Guidance. Click here to access.
  •  Press Release: Following New Health Guidance, Governor Newsom Signs Order to Update Workplace Safety Rules. Click here to access.
  • Executive Order N-5-22 updating the Cal/OSHA ETS. Click here to access.

Best Practices: Screening Foreign H-2A Applicants

March 10th, 2022

It has become increasingly common for H-2A employers to receive unsolicited emails and phone calls from international applicants seeking employment.  Such inquires frequently come from Haiti, Turkey, and South America, but can come from any nation.  This is the result of the U.S. Department of Labor posting all approved H-2A labor certifications on its SeasonalJobs website, which mercifully replaced the H-2A employer’s previous costly and futile obligation to post newspaper ads as a condition for H-2A certification.  Now the entire world can see the DOL’s job board, and some third-party recruiting platforms scrape the information on the government’s website to blast lists of open ag positions to their subscribers around the world. As a result, some H-2A employers are being inundated by job seekers worldwide.

As an H-2A employer, do you have an obligation to respond to these inquiries?  The short answer is yes, you do.

H-2A employers must offer employment to all qualified U.S. applicants who are able, willing and available to perform the job listed in the H-2A job order.  Any person with legal work authorization to work in the U.S. (e.g., U.S. citizen; permanent resident alien (green card), Temporary Protected Status (TPS), refugee/asylum, etc.) is eligible to be hired under the H-2A program, regardless of the country they currently reside in, if they are otherwise able, willing and available for the job. Failure to make that initial threshold determination of U.S. work authorization runs the risk of the employer later being found to have unlawfully rejected a qualified U.S. worker.

The Magic Question

To ensure that you do not inadvertently discriminate against someone who qualifies as a “U.S. worker” by virtue of having legal status in the U.S., you must ask them (preferably by email): Do you currently have authorization to work in the U.S. without sponsorship? 

Best Practices

Employers who receive unsolicited inquiries about H-2A job opportunities from individuals located outside the U.S., should take the following steps:

  • Respond politely to the email or phone call. Thank them for their interest. Ask them to confirm whether they are currently legally authorized to work in the U.S. without sponsorship by confirming they have meet one of the following criteria:
    • Natural born U.S. citizen or naturalized citizen;
    • Permanent resident alien;
    • Refugee/asylee/temporary protected status; or
    • Any other category that permits them to work legally. 
  • Inform them that eligibility to obtain an H-2A visa in a foreign country does not qualify as having work authorization.
  • Ask the applicant to reply by email with their complete name and contact information if they believe they meet the above qualifications and still wish to be considered for the position.

Having documented evidence of the company’s responses to such contacts included as part of the employer’s recruitment log will help demonstrate that the employer is taking seriously its obligation to determine the availability of U.S. workers for the job opportunity.

For questions about H-2A program compliance or Western Growers H-2A Services, please contact Jason Resnick ([email protected]). 

 

Produce Shippers Win California Federal Joint Employment Case

March 17th, 2022

On October 15, 2021, the U.S. District Court for the Central District of California issued a very significant wage and hour decision for the produce industry, ruling in favor of two separate produce marketing companies based in Santa Barbara County, California, Red Blossom Sales, Inc. and Better Produce, Inc. (the “Marketers”).

Each Marketer separately sold fresh strawberries grown by one or more corporate strawberry Growers under the Marketer’s own proprietary labels to retailers or wholesalers for ultimate sale to consumers.  The Plaintiffs alleged the Marketers were either “joint employers,” under federal law and/or California law, and/or “client employers” under Cal. Labor Code Section 2810.3, and hence equally responsible for labor law violations that occurred during their employment by the Growers. The Court disagreed.

The Court found that neither of the Marketers were “agricultural employers” under the federal Migrant and Seasonal Worker Protection Act (“AWPA”), holding that the Marketers did not jointly employ the Plaintiffs with the Growers. The Court analyzed the relationships under the “economic reality” test established by federal case law and regulations, which evaluates whether the workers are economically dependent on the putative “agricultural employer.”

The Court found that Red Blossom’s food safety monitoring and compliance verification, and Better Produce’s quality control activities, did not make either of them joint employers, because neither party controlled the Growers’ planting or harvest dates, made decisions regarding the Growers’ use of pesticides, plant spacing or fertilizer application, or had the ability to modify the Plaintiffs’ working conditions. The Growers controlled the Plaintiffs’ hours, shifts and assignments.

The Court also found that the Marketers did not “employ” the Plaintiffs within the meaning of California Wage Order 14 applicable to persons employed in agriculture.  The Growers had exclusive power to hire and fire the workers, set their wages and hours, and tell the workers when and where to report to work.

Finally, the Court determined that neither Marketer had liability under California Labor Code Section 2810.3, which requires a “labor contractor” and a “client employer” to share liability for a labor contractor’s failure to pay wages. First the Court found no evidence of a traditional or formal labor contractor relationship whereby the Marketers paid the Growers a fee in return for the Growers providing labor. The Court noted that the payment structure did not indicate that the Growers supplied labor, because the Growers received net sales proceeds from the sale of strawberries, while the Marketers were paid commissions paid on gross sales.

On February 1, 2022, the Plaintiffs appealed the District Court’s decision to the Ninth Circuit Court of Appeals.

Red Blossom Sales, Inc. was represented by Anastassiou & Associates, Salinas, California and Sheppard, Mullin, Richter & Hampton LLP, Los Angeles, California.  Better Produce, Inc. was represented by Twitchell and Rice, LLP, Santa Maria, California, and Law Office of Todd C. Hunt, APC, Westlake Village, California. The Plaintiffs were represented by California Rural Legal Assistance Foundation, Sacramento, California, and Hadsell Stormer Renick & Dai LLP, Pasadena, California.

This article was submitted with permission for republication by Michelle Deleissegues. Director of Marketing, Red Blossom Sales.

FDA Will Not Conduct Broad Sampling of Leafy Greens in the Salinas Valley in 2022

March 10th, 2022

IRVINE, CALIF. (March 10, 2022) – The U.S. Food and Drug Administration will not conduct broad sampling of leafy greens grown in the Salinas Valley region of California for the 2022 growing season.

The decision was made based on data from Western Growers, the California Leafy Greens Marketing Agreement, and the California Department of Food and Agriculture inspection activities.

The FDA encouraged the organizations to continue to work with the agency to enhance the sharing of industry information on pre-harvest and post-harvest testing as all parties aim to assure the safety of leafy greens.

“Western Growers is committed to developing and deploying data collection and analytic digital tools to further enhance the sharing of industry information,” said De Ann Davis, WG’s Senior Vice President of Science. “We think this is an encouraging development for our members as we strive to grow the safest produce possible.”

The FDA notes they are considering risk-based surveillance sampling based on historical data and information from previous outbreaks of foodborne illness and reserves the right to reassess this approach if unforeseen events occur.

About Western Growers:

Founded in 1926, Western Growers represents local and regional family farmers growing fresh produce in California, Arizona, Colorado and New Mexico. Western Growers’ members and their workers provide over half the nation’s fresh fruits, vegetables and tree nuts, including half of America’s fresh organic produce. Connect and learn more about Western Growers on Twitter and Facebook

WGCIT Sponsor: Research & Innovation are at Bayer’s Core

March 15th, 2022

By Tim Linden

Supporting innovation in the fresh produce industry by sponsoring the Western Growers Center for Innovation & Technology is a natural for Bayer, which considers itself the leader in agricultural research and development with specialty crops its main focus.

Daniel Kurdys, Director of Horticulture & Seed Growth in North America for Bayer Crop Science, said the division invests €2 billion Euro annually in R&D with the main focus of developing innovations for the fresh fruit and vegetable industry. He told WG&S that these are particularly fruitful times as the division has multiple projects near fruition. In fact, he said there are a dozen projects on various agro-chemicals nearing completion. “Over the next six years, we expect to release many new formulations and new active ingredients,” he said, noting these are exciting times for the agri-chemical giant.

Kurdys added that these new active ingredients are being developed with a keen eye toward being environmentally friendly “safe for plants and the planet,” and include work with biologicals.

For example, he said one new innovative product that has recently been released is a fungicide that helps control nematode problems for almond growers. Kurdys said an exciting aspect of this product is that it is a collaboration between Bayer Crop Science and Netafim, an innovator, manufacturer, supplier of irrigation products and solutions. Kurdys said this new formulation has been developed to be delivered through the Netafim system offering the added value of reducing water use while also reducing nematode pressure in almond groves.

Kurdys said this collaboration is a great example of Bayer’s commitment to collaboration to better solve the needs of the fruit and vegetable sector and to work on practical solutions. He reiterated that the fruit and vegetable sector is vitally important to Bayer as it is second only to corn in terms of revenue generated by the company’s products. “The vegetable space is going to continue to be very significant for us,” he said, adding that there are many crops in the category for which Bayer products offer solutions for pressing needs.

But while the Bayer Crop Science executive did express optimism that many new crop protection tools will be introduced over the next decade, he did not downplay the regulatory hurdles that continue to be a challenge. “It takes about 11 years and close to $300 million to bring a new product to market,” he said, adding that there is no time-saving breakthrough on the horizon. In fact, Kurdys said the challenges continue to increase including international trade restrictions sometimes placed on products because of production factors.

Kurdys said Europe is out in front in this movement and he sees California looking to Europe as it ponders increased regulations. “The trade piece is new,” he said, discussing this newest hurdle to jump in the crop protection registration process.

The Bayer executive is not optimistic that worldwide crop protection regulation harmonization will become a reality, but he wistfully thinks it should. “It’s all about feeding the world,” he said of the effort to improve the crop protection tools that farmers have at their disposal.

But he is optimistic about the supply side of that equation. “The innovation engine has gotten stronger. A lot of active ingredients have been lost over the years, but as I said there are a number of new active ingredients on the horizon. And our new launches will have better efficacy.”

Circling back to Bayer’s sponsorship of WGCIT, Kurdys said the center has the same basic goal as his company’s expansive R&D department, and that is to develop and utilize new technologies that basically help growers far better and more productively. He added that the WGCIT concept of offering space within the center to emerging firms and technologies aligns well with Bayer’s philosophy “to collaborate to innovate.”

 

AgTechX Events Advance Workforce Development and Food Safety Tech

March 15th, 2022

By Ann Donahue and Stephanie Metzinger

The Western Growers Center for Innovation & Technology (WGCIT) kicked off 2022 with a “bang” by hosting two AgTechX events that resulted in tangible solutions to move the industry forward. AgTechX Ed at Imperial Valley College was first up, followed by AgTechX Food Safety in Yuma, Ariz.

Below is a recap of each event.

AgTechX Ed at Imperial Valley College

On Jan. 26, 2022, the AgTechX Ed Summit at Imperial Valley College brought together 70 farmers and educators throughout the Imperial Valley and technology companies across the globe to solve one issue: how to cultivate an agricultural workforce equipped with the skills needed to navigate new on-farm technology.

The half-day event featured a series of panel discussions, where the speakers identified several solutions to get more qualified students into agricultural jobs:

  1. Showcase how “ag is sexy” by promoting new tech-based jobs on the farm.
    “We have the opportunity to change the perception of agriculture with all the sexy jobs we now offer with tech and computers,” said Jack Vessey, President of Vessey & Co., during the Chief Executive Officers Panel. “You no longer have to go to Silicon Valley for these sexy jobs. We have those jobs right here on the farm. Ag is sexy.”
     
  2. Break down the perceived barriers of obtaining a college degree, such as access and affordability, by creating joint community college-university level programs.
    For example, during the Education and Workforce Development Strategies Panel, Imperial Valley College and the University of Arizona – Yuma spoke about their streamlined transfer program where ag students can take easily-transferable courses at both colleges at a lower cost.
     
  3. Develop K-12 curriculum that fosters critical thinking skills
    “We need to invest in the K-12 pipeline and go beyond the basics of STEM and Ag,” said Jairo Diaz, the Director of the UC Desert Research and Extension Center, during the Education and Workforce Development Strategies Panel. “We need to put students in teams where they learn how to solve problems. We need to focus on critical thinking skills.”

The Jan. 26 event wrapped up with a fireside chat between Karen Ross, the Secretary of the California Department of Food and Agriculture (CDFA), and Dennis Donohue, the Director of Western Growers Center for Innovation & Technology, where they covered everything from the importance of soft skills to the economic benefits of an upskilled workforce in California.

Jobs in agriculture “are multidimensional, so we can’t be siloed in skills. Our future workers have to have both technical skills and soft skills,” said Secretary Ross. “We can teach technical skills, so our focus needs to be on hiring people with spark and who are interested in learning.”

The workforce development activities continued on January 27, where Secretary Ross spent the day with the Holtville and El Centro FFA chapters. The day started at Holtville High School, where Secretary Ross participated in a Q&A with nearly 30 students. The crew then caravanned to a Vessey & Co. romaine field, where FarmWise provided a field demo of their automated weeder and Ag-Bee/Rantizo demonstrated how drones are now being used to apply crop protectants.

The FFA-filled day wrapped up with a Junior AgSharks Competition where FFA students teamed with venture capitalists and farmers to judge up-and-coming technologies of several WGCIT resident start-up companies.

AgTechX Ed Imperial Valley was the second of four total events that anchor the AgTechX Ed Initiative. The initiative, which was launched by WGCIT and CDFA in 2021 to help transition the agriculture workforce to master rapidly developing agricultural technology, was initially rolled out at the first AgTechX Ed event at Reedley College. The last two AgTechX events will be at Hartnell College in Salinas, Calif., on April 13, 2022, and Woodland Community College in Woodland, Calif., on June 1, 2022. For more information on AgTechX Ed, visit www.agtechworkforce.com.

AgTechX Food Safety

On Feb. 2, 2022, in Yuma, Ariz., the AgTechX Food Safety event brought together the region’s growers, processors, scientists and innovators to discuss ways to accelerate the creation of a top-tier toolkit of rapid diagnostics and prevention technologies to keep the nation’s supply of fresh produce safer. The event at the Four Points Sheraton in Yuma was a collaboration between the WGCIT, the Center for Produce Safety and the Yuma Center of Excellence for Desert Agriculture.

The day’s first panel focused on Industry Issues, which looked at opportunities to prevent foodborne illness, which was moderated by Bonnie Fernandez-Fenaroli, the Executive Director for the Center for Produce Safety.

Sonia Salas, Assistant Vice President, Science at Western Growers, discussed the organization’s innovative Food Safety Data Sharing platform. “Data silos are not new,” she said. “With this platform, we’re working to break down the silos. Trust, users, scale—we took those three things into consideration. We want to provide a platform users feel comfortable with so we can start having an industry-wide narrative.”

The next panel, Regulatory Views, was a discussion between JVSmith Companies President and CEO Vic Smith with research scientist and consultant Tom Sidebottom and Barbara Cassens, the Director for the Office of Partnerships at the U.S. Food & Drug Administration.

“At one point, communication between the agency and industry opened up,” said Sidebottom, who used to work for the FDA. “But somewhere along the line that changed and tapered off. If we can’t have a conversation, the data doesn’t matter.”

During the event’s keynote, Dr. David W. K. Acheson, President and CEO of The Acheson Group, appeared remotely to discuss the field’s learnings that have occurred since the 2006 spinach E. coli outbreak.

In addition, the AgTechX Food Safety Cohort was unveiled at the event during a Meet the Innovators panel and networking opportunity. This global group of innovators will receive exclusive resources to help them launch and scale their projects that specialize in prevention technologies and rapid diagnostics.

“We are excited to welcome a talented group of innovators and entrepreneurs to Yuma to begin a year of focus on accelerating new food safety solutions,” Donohue said. “We have learned that co-development between growers and processers and technology companies is how progress really happens.”

The initial members of the cohort are: Javier Atencia, CEO & Founder, Pathotrak; Alex Athey, CEO, En Solución Inc.; Rafael Davila, Founder, Priority Sampling; Dr. Eyal Gerecht, President & CEO, TeraBAT, Inc.; Mike Hogan PhD, Co-Founder and Chief Scientific Officer, PathogenDx; Tom Jacobs, VP Sales and Marketing, SnapDNA; Marc Petitpas, Senior Director, North America Sales, ScanTech Sciences, Inc.; Carl “Skip” Rapp, CEO TeraBAT, Inc.; Jonathan Sierra, CEO, Yarok Microbio Ltd. And Chip Starns, Co-Founder, EVP, ScanTech Sciences, Inc.

On Feb. 3, the cohort took a tour of growers and processors in the Yuma region to help aid their real-world understanding of the food safety innovations most needed by those with boots on the ground in the industry. Stops included a tour of the area’s ag water delivery system with the Wellton-Mohawk Irrigation and Drainage District; visits to Nickerson Farms and GreenGate Fresh; lunch at the Arizona Western College Agriculture Research Lab; and a UV Water Treatment demonstration at JV Farms.

The AgTechX Food Safety Yuma event was the first in a yearlong initiative on the subject, with the next two events in the series planned for later this year in Woodland, Calif. and King City, Calif. More information on these events will be available on wga.com in the coming weeks.

About AgTechX

As part of the Western Growers key focus to bringing agricultural technologies to farmers, the WGCIT 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 Feb. 8, 2018, and has since been held in numerous rural communities all across California and Arizona. In total, nearly 1,500 people have attended the AgTechX events.

Innovation: Announcing the Western Growers HarvestWiki Built by Growers to Help Agtech Startups

March 15th, 2022

By Walt Duflock, WG Vice President of Innovation

Western Growers has rolled out the first-ever HarvestWiki—a Wikipedia-like platform to help farmers share information about growing operations, allowing agtech startups to have as much crop-specific information as possible when they design and develop agtech solutions for growers. HarvestWiki is focused on specialty crops—so if you’re a grower or a startup focused on fruits, vegetables or nuts, this is the place to be. HarvestWiki can be found at https://harvest.wginnovation.com/.

Like Wikipedia, the HarvestWiki is a community knowledge platform based on collaboration. The goal is to have a single page for each specialty crop that has all the key information startups need to know so they can innovate better—what are the farming practices, the economics and the edge cases that startups need to know about as they build solutions. Each page will be built by the growers for their specific crop types.

Information from the following three audiences will be crucial to populating HarvestWiki:

1.  Growers, Orchard Operators and Service Providers to Growers/Operators: The subject matter experts that can help provide the crop details that startups need for a full understanding of what they need to build and a rough range of what it needs to cost.

2.  Agtech Startups: Start-up companies that are building or planning to build harvest mechanization or automation solutions should use HarvestWiki to understand their product requirements. This includes startups doing weeding or harvest assist, both of which help growers/operators manage their portfolio of labor more effectively.

3.  Investors, Mentors and Advisors: Those working with harvest mechanization and automation startups should send those startups to the HarvestWiki page so they can review all of the information on that page and be prepared for their first or next grower conversation.

 

The Concept Behind HarvestWiki

The HarvestWiki came out of the collective efforts of everyone involved with the Global Harvest Automation Initiative’s Tech Stack development. Western Growers collaborated with Ines Hanrahan and the Washington Tree Fruit Research Commission, Washington apple growers, equipment manufacturers and agricultural system architects to help startups build better mechanization and automation solutions. During months of discussions with multiple growers and startups across several crop types, it became apparent that many harvest robotic startups were struggling to fundraise and get to scale for a variety of reasons. But from those discussions, one thing became very clear. Too often, the match between the startup’s economics and the grower economics were miles apart, and the distance caused investor concerns about further investment and caused growers to have significant concerns about the long-term viability of the startups and their solutions.

If the growers and investors cannot see a clear path for the solution that leads to economics that works for the grower, they are hard to convert to customers and the lack of revenue makes it equally hard for investors to write checks. The group came to the conclusion that the information the startups needed was available but that growers needed an easy way to get it to the startups without having to have multiple conversations with every startup. HarvestWiki was the perfect solution—a self-service tool for startups to find all the information they need before heading too far down the design path and actually developing robot prototypes.

Once the solution became clear, we got to work on getting HarvestWiki up and running.

The premise of HarvestWiki is to give startups the information about what they need to build and the underlying economics which are equally or more important. HarvestWiki can influence product roadmaps and priorities and help accelerate development efforts by setting the destination and letting startups reverse engineer into a product that meets the needs that reach that destination. By offering the information in real-time to any startup that wants it, it helps make sure the primary challenge for startups is finding HarvestWiki, not potentially building a robot that will not meet the customer’s needs.

WG encourages member growers to add content for the crop types they grow. WG also asks that startups review the right pages for the crops that they are developing solutions.

For guidance on developing the right information for each crop type, feel free to contact me at [email protected] or (949) 345-5997.

 

WGIS: Battling PAGA Extortion Through Proactive Risk Management

March 15th, 2022

By Steven Barge-Siever, Esq., Vice President Property and Casualty, WGIS

In California, extortion is defined as “1) obtaining property or other consideration from another…induced by a 2) wrongful use of force or fear, or 3) under color of official right.” In many cases, Private Attorneys General Act (PAGA) litigation has fallen nothing short of extortion in which attorneys are paid handsomely by using the fear of protracted litigation in furtherance of PAGA. With the three legs of the extortion stool supporting PAGA, there is little recourse for companies.

Western Growers Insurance Services (WGIS) has assembled a few ounces of prevention to take a pound of power away from PAGA attorneys.

As noted in Western Growers Senior Vice President and General Counsel Jason Resnick’s column last month—properly titled “Shakedown Lawsuits: It’s Not a Matter If Your Company Will Be Sued”—PAGA attorneys continue to rely heavily on 1) forcing a choice between litigating to the bitter end (attorneys may think twice next time) or 2) settling after analyzing the uncertain costs and benefits of litigation. While prevailing over a frivolous lawsuit is certainly appealing, the associated costs may result in a bittersweet victory. By reverse-engineering PAGA’s financial incentives, WGIS provides a straightforward risk management framework to remove money and fear from the equation, effectively removing leverage from PAGA attorneys.

 

Prevention

The first phase is forward-looking prevention. PAGA claims are almost always tied to discrepancies in wage and hour reporting/recording, which can be improved using mobile time-keeping applications. The Connected Worker technology platform is a predictive analytical tool that prevents worker injury. Connected Worker’s mobile functionality lends itself to real-time syncing, including clocking in and out, mandatory breaks in the field, etc.

This information is cloud-based for simplified monitoring and retrieval, and it can be reviewed at any moment across the company. By creating accurate wage and hour documentation, a firm reduces loss for nearly all PAGA claims. Additionally, the digitized data will efficiently reduce billable hours as your attorney will not have to comb through years of paper records.

Indemnifying Defense Costs

While preventative risk management streamlines internal due diligence and reduces costs, it does not stop attorneys from filing baseless lawsuits. WGIS’ proprietary PAGA litigation coverage rounds out a PAGA risk management strategy for WG members. Depending on company size and risk appetite, WGIS recommends PAGA coverage in one of the following forms:

1.  Less Than 400 EmployeesEmployment Practices Liability Inclusive of PAGA Defense Costs

     WGIS can secure $100,000 of coverage within Employment Practices Liability (or EPL) limits. This limit may be sufficient given the lower costs of discovery in conjunction with Connected Worker efficiencies. It also leaves no money on the table for plaintiff attorneys to capture.

2.  Over 400 EmployeesStandalone Wage & Hour including PAGA Claims

     If you are a larger company, Bermuda insurers (through Lloyds of London) offer limits of $5,000,000 or more for WG members.

Through Connected Worker, and its related functionalities, the risk of loss severity and costs are proactively reduced. Therefore, the PAGA attorney has lost the leverage that accompanies litigation costs and delays.

When a claim gets to discovery, insurance documentation will be requested, and PAGA attorneys may be disappointed to uncover the insurance recoveries are limited to defense cost and cannot be appropriated. They will also understand you have $100,000 (or more) to play with and will not settle effortlessly.

In short, this risk management structure reverses the power structure PAGA attorneys have become so fond of. Instead of you conducting a cost-benefit analysis, the plaintiff attorney must choose whether to fight to the bitter end with a lower chance of prevailing and a higher chance of you fighting back without spending your own capital.

While PAGA repeal is being pursued and remains the best long-term solution to stop extortionary claims, it will take time and its outcome is uncertain. Let WGIS help you proactively battle PAGA extortion! For more information, feel free to reach out to me directly at [email protected] or (734) 945-0928.

WGAT: Ensuring a Healthy Future for the Agricultural Industry

March 15th, 2022

By David Zanze, Executive Vice President of Western Growers Assurance Trust

When Western Growers Assurance Trust (WGAT) was founded in 1957, our mission was to give Western Growers (WG) members an affordable option for health care benefits by offering highly customizable benefit plans to meet their diverse needs. Our focus continues to be supporting our members and ensuring a healthy future for the agricultural community.

More than six decades later, we are still committed to our original mission and have expanded health benefit services to meet the growing needs of agricultural businesses. WGAT health plans are only available to WG members based in California and Arizona. WG members are also eligible to become part of our independent board of trustees, giving them the ability to take an active oversight role and weigh in on important investment decisions that affect the future of WGAT.

Growing with our Members

Recognizing the unique population we serve, we’ve created a client service representative team which provides personalized and bilingual service at a local level, with offices throughout California and Arizona. Our client service representatives are highly mobile and travel to different locations, working flexible hours to serve the needs of our members.

We recognize the significance the border region has on the agriculture industry and designed a comprehensive Mexico Cross-Border Program to provide flexible medical and dental care options. WGAT was one of the first exclusive networks to provide cross-border care, ensuring our members can access quality care that costs much less than comparable services in the U.S.

WGAT provides health care at our Cedar Health and Wellness Centers to serve the primary care needs of employees. Our Cedar plans deliver exceptional and convenient care with lower copays and are an effective way for employers in the agriculture industry to offer basic health coverage and preventive care. The Cedar Network is included in every WGAT plan. We continue to expand our list of network providers throughout California and Arizona. It remains a popular option, especially for employers in the agricultural community.

We also offer pharmacy benefits management solutions to help employers control costs and ensure their employees are getting accurate and adequate prescriptions. Our retail network of pharmacies totals more than 65,000 nationwide, and our mail order program fills more than one million prescriptions each year. Our prescription drug cost control program, which ensures clients and members are optimizing cost-savings opportunities, has since saved WGAT more than $3.3 million in costs since 2018.

For employers looking to become proactive in dealing with the impact of chronic diseases on their workforce, WGAT partners with Pinnacle Health Management to offer a health management program at no cost to employees diagnosed with a chronic care condition. The program, which is included with every WGAT health plan, provides support for those diagnosed with:

  • Asthma
  • Depression
  • Diabetes
  • Hypertension (high blood pressure)
  • Hyperlipidemia (high cholesterol)
  • Additional support programs include Weight Management, Mom-to-Be, Cancer Awareness, and Nicotine Cessation

As part of our commitment to our members, we also work to inform them of new laws and legislative changes that may affect their obligations as an employer. WGAT members receive regular updates from our team of legal experts so employers can keep abreast of the latest requirements and remain in compliance.

We will continue to look for ways to increase the value of our health products and meet the unique needs of the agriculture industry. We remain focused on our singular mission to offer competitive health plans at a rate our members can afford to keep your valued workers healthy and productive.

If you don’t have a WGAT plan, contact Western Growers Insurance Services for more information and see how we can help you better manage your health care costs at (800) 333-4942. 

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