Stay Informed: USDA Farm Labor Stabilization and Protection Pilot Program Webinar

November 14th, 2023

Farmers and producers in California are invited to join the CDFA for a briefing on the USDA Farm Labor Stabilization and Protection Pilot Program (FLSP), with special guest Silvia Fabela, Senior Advisor on Labor for the Office of Secretary Vilsack.

The webinar will take place on Friday, Nov. 17, 2023, at 10 a.m. and will cover topics that include eligibility, competitiveness, recruitment, permissible uses for the grant and more.

To register for the webinar, click here.

The competitive grant pilot program provides up to $65 million in funding to support agricultural employers in implementing robust labor standards to promote a safe, healthy work environment for both U.S. workers and workers hired from Northern Central American countries under the seasonal H-2A visa program, according to a news release. For more information on the FLSP, including eligibility and virtual listening sessions, visit this USDA website.

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Stuart Woolf Is Elected New Western Growers Chair of the Board

November 13th, 2023

KAUAI (Nov. 13, 2023) – Stuart Woolf, President and CEO of Woolf Farming & Processing, will serve as Chair of the Western Growers Board of Directors for a two-year term. Woolf was first elected to the Western Growers Board in 2015.

“Western Growers is set up to meet the needs of the fresh produce industry in the Western U.S. by focusing on issues like immigration, labor and water rights,” Woolf said. “We need a good, strong, trusted voice. As Chair, I know that Western Growers will continue to be that voice for issues that impact all of agriculture.”

Woolf Farming & Processing is a family-owned operation whose primary business is the production and processing of agricultural commodities. Woolf was involved with the establishment of two related entities: Harris Woolf California Almonds and Los Gatos Tomato Products.

“Resilience and adaptability are among the many attributes that define our industry. Stuart Woolf perfectly embodies those characteristics, bolstered by a knack for pragmatic collaboration in even the toughest situations,” said Western Growers President & CEO Dave Puglia. “I am excited to work with him even more closely as he takes the Chair’s gavel.”

Woolf received a bachelor’s degree in Liberal Arts from the University of California at Berkeley and an MBA at Boston College. He served as Chairman of the California League of Food Processors, the Almond Board of California, and the UC President’s Commission of Agriculture and Natural Resources. Stuart currently serves on the board of the California Chamber of Commerce and the newly formed California Agave Council. Woolf and his wife, Lisa, have been married since 1984 and have five children.

Outgoing Western Growers Chair Albert Keck passed the gavel to Woolf during the Western Growers 2023 Annual Meeting in Kauai. “My team and I are profoundly grateful to Albert Keck for going all-in during his two-year term as Chair,” Puglia said. “We are better today for Albert’s thoughtful approach to protecting and strengthening America’s fresh produce growers in the face of daunting economic and regulatory pressures.”

Besides Woolf, the other officers of the Association are: Vice Chair Rob Yraceburu, President of Wonderful Orchards; Treasurer Neill Callis, General Manager, Turlock Fruit Co.; Executive Secretary, Don Cameron, Vice President and General Manager of Terranova Ranch; and Puglia. Rounding out the Western Growers Executive Committee are Past Chair Keck and EC Members at Large Ryan Talley of Talley Farms and Catherine Fanucchi of Tri-Fanucchi Farms.

For more information, please contact:

Ann Donahue

(949) 302-7600

[email protected]

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.

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Western Grower & Shipper Magazine November/December Digital Edition is Available Now

November 13th, 2023

The November/December digital issue of the Western Grower & Shipper Magazine is available for online viewing.

The feature article “Rod Braga’s Fresh Take on Sustainability” details his family’s multigenerational approach to preserving the land, which has helped to establish Rod as an industry leader and trailblazer in sustainable agriculture.

President & CEO Dave Puglia shares his thoughts on the passing of Sen. Dianne Feinstein and how the agriculture industry can move beyond partisan camps to effect positive change in his article “The Statesmanship Gap.”

Other articles include “Rancho Cielo Gives Youth Navigating Challenges a Boost with New Agtech Program,” “The 2024 Transportation Outlook,” “Accelerating Groundwater Recharge Opportunities,” and “As SB 1383 Deadline Approaches, Food Banks Request Grower Help to Fight Food Waste.”

Find the full digital edition of the November/December issue here.

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Cannabis Protection – Changes for California Employers in 2024

November 10th, 2023

Two significant cannabis-related legislative changes are set to take effect in California on January 1, 2024.

AB 2188[i] established Cal. Govt. Code section 12954 prohibiting employers from penalizing applicants/employees for off-duty cannabis use that does not impair the individual’s work performance. SB 700[ii] expands protections provided under AB 2188 and prevents employers from requesting applicants provide information about prior cannabis use.[iii]

To prepare for these changes employers should consider taking the following steps:

  1. Update any recruiting materials that discuss the company’s anti-drug policies and/or testing requirements to ensure no company materials request applicants provide information about prior cannabis use.
  2. Make sure all third-party testing facilities are aware of – and can comply with – new testing protocols and the prohibitions on drug screen tests detecting nonpsychoactive cannabis metabolites (NCM) in the blood, hair, urine or other bodily fluids.
  3. Review existing handbook policies and training materials to update existing drug testing information for applicants and current employees to ensure clear messaging relating to drug screening in connection with hiring, discipline and termination.

 

[i] Signed into law September 18, 2022.

[ii] Signed into law October 7, 2023.

[iii] Nonetheless, information about a person’s prior cannabis use obtained from the individual’s criminal history is exempt from this prohibition if the employer is otherwise permitted to consider or inquire about such information after a conditional offer of employment has been made.

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Updated Form I-9 Now In Effect

November 10th, 2023

As of November 1, 2023, all employers should be using the United States Citizenship and Immigration Services’ (USCIS) newly revised and updated Form I-9.

As discussed here, the USCIS revised and updated its Form I-9 in August 2023. A grace period for use of the old Form was extended through October 31, 2023. However, starting November 1, 2023, all employers must have switched to the new Form I-9 or risk penalties for non-compliance.

To confirm use of the latest form, employers should look for the August 1, 2023 edition date on the bottom of the page and an expiration date of July 31, 2026, at the top.

Key Takeaways:

  • Immediately integrate the new Form I-9 into all recruiting efforts.
  • Ensure all those in your organization who participate in recruiting efforts are trained on the updated Form and its requirements.
  • Schedule periodic Form I-9 audits to ensure proper processing and to address/correct processing errors or misunderstandings.

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Guest Post: 4 Things Employers Should Know About Wages and the Holidays

November 10th, 2023

Please enjoy this insightful article from our friends at Jackson Lewis, Jacklin Rad & Ikedi O. Onyemaobin.

As we move into what many refer to as the holiday season, employers may have questions about handling wages and the holidays. Here are four things for employers to understand about holidays and pay for hourly (non-exempt) employees.

  1. Hours worked on a holiday, Saturdays or Sundays should be treated like hours worked on any other day. This means that employers do not have to pay a special premium for work performed on those days, other than the overtime premium required for work performed in excess of eight hours in a workday, 40 hours in a workweek, or for the first 8 hours worked on the seventh consecutive day. Depending on the number of hours worked each day of the workweek, a double-time premium for work performed may be required.
  2. Employers are not required to provide paid time off for holidays. An employer may be closed for the holidays and not pay employees or choose to operate even on days such as Thanksgiving.
  3. Paid time off for holidays does not count toward the overtime requirement. If an employer elects to provide paid holidays off, the hours paid but not worked do not count toward overtime.
  4. If payday falls on a holiday, the employer may pay on the next business day after the holiday. Under California law, employers may pay on the next business day after the holiday. The California Government Code identifies the following holidays:

 

  • January 1 — New Year’s Day
  • Third Monday in January — Martin Luther King Jr. Day
  • February 12 — Abraham Lincoln’s Birthday
  • Third Monday in February — George Washington’s Birthday
  • March 31 – Cesar Chaves Day
  • Last Monday in May — Memorial Day
  • July 4 — Independence Day
  • First Monday in September — Labor Day
  • September 9 – Admission Day
  • Fourth Friday in September – Indigenous Peoples’ Day
  • Second Monday in October — Columbus Day
  • November 11 — Veterans Day
  • Fourth Thursday in November — Thanksgiving Day
  • December 25 — Christmas
  • Other days appointed by the governor for a public fast, thanksgiving, or holiday

Click here to read this article in its original form.

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First Union Certification Under AB 113 Sparks Controversy

November 10th, 2023

The California Agricultural Labor Relations Board has certified the first majority support petition (card check) filed by the UFW at DMB Packing, a tomato operation in Newman, CA. The certification, however, is not without controversy. However, the slimmest majority, barely 51% of the company’s 297 workers, allegedly voted in favor of union representation.

The law firm of Barsamian & Moody represents the company, which is disputing the results. The company has filed objections, alleging mishandling of the ballot process, inclusion of ineligible workers in the union count, and coercion of workers into signing without a full understanding.

The ALRB has scheduled a hearing on the dispute during the last week of November. It’s noteworthy that this case represents the first election petition submitted under the state’s new rules, setting precedent for future unionization efforts under the new card check law under the Agricultural Labor Relations Act.

DMB Packing released a statement expressing support for the rights of farmworkers. The company affirmed its commitment to utilizing the legal and regulatory process to ensure a fair election that accurately represents the majority will of DMB Packing employees.

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2022 EEO-1 Component 1 Data Collection Now Open

November 2nd, 2023

The Equal Employment Opportunity Commission’s (EEOC) 2022 EEO-1 Component 1 data collection opened October 31, 2023. The deadline to submit and certify reports is December 5, 2023. To meet this deadline eligible filers are encouraged to begin the filing process as soon as possible.

The EEO-1 Component 1 report (EEO-1) is a mandatory EEOC annual data collection requiring all private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria, to submit workforce demographic data including data by job category and sex and race or ethnicity.

As discussed here, the EEOC has released a new EEO-1 Component 1 Instruction Booklet to better meet the needs of filers. The booklet consolidates existing support materials, including FAQ’s and fact sheets into a single resource for filers and provides additional information to clarify eligibility and reporting requirements.

The EEOC also offers filers self-service options and an online Filer Support Team Message Center. The Center allows filers to submit requests for assistance to the EEOC within the EEO-1 Component 1 Online Filing System as well as providing update requests with new information, terminate requests, and request status tracking.

Visit the EEOC’s dedicated EEO-1 Component 1 website to access all EEO-1 resources as well as to find the latest updates and supplementary resource materials.

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NLRB Expands Definition of Joint Employer Under the NLRA

November 2nd, 2023

The National Labor Relations Board (Board) has issued a new Final Rule affecting joint employment under the National Labor Relations Act (NLRA). The new rule rescinds the prior Rule enacted in 2020 and puts forth a new test expanding the circumstances under which an employer is deemed a ‘joint employer.’

Although the NLRA is silent as to the definition of “joint employer,” the Board (and the courts) have traditionally applied common-law agency principles to determine whether a joint employer relationship exists. Under the new Final Rule, an entity may be considered a joint employer of another employer’s employees if the two share or codetermine the employees’ essential terms and conditions of employment.

To “share or codetermine those matters governing employees’ essential terms and conditions of employment” means that an employer must possess the authority to control (whether directly, indirectly, or both) or to exercise the power to control (whether directly, indirectly, or both) one or more of the employees’ essential terms and conditions of employment.

The new Final Rule was announced on October 26, 2023, and makes the following changes:

  • The Standard: Determinative weight in deciding whether a joint employer relationship exists is given to the existence of a putative joint employer’s authority to control essential terms and conditions of employment, whether or not such control is exercised, and without regard to whether any such exercise of control is direct or indirect, such as through an intermediary.
  • Definition of “Essential Terms and Conditions of Employment:” The new Final Rule’s modified definition provides an exhaustive list of seven categories of terms or conditions of employment considered “essential” for the purposes of the joint-employer inquiry. These are: (1) wages, benefits, and other compensation; (2) hours of work and scheduling; (3) the assignment of duties to be performed; (4) the supervision of the performance of duties; (5) work rules and directions governing the manner, means, and methods of the performance of duties and the grounds for discipline; (6) the tenure of employment, including hiring and discharge; and (7) working conditions related to the safety and health of employees.
  • Collective Bargaining Obligations: A joint employer must bargain collectively with represented employees regarding any term or condition of employment that it has the authority to control or exercises the power to control (regardless of whether that term or condition is deemed to be an essential term or condition of employment under the Rule).

What Does It All Mean?

The new determinative standard – together with the seven specific essential terms and conditions of employment – is all encompassing, casting a broad net over nearly every aspect of the employment relationship.

The new Final Rule goes into effect December 26, 2023. As such, before the end of the year employers should begin reviewing third-party contracts to determine if contract terms should be modified considering the expanded definition of joint employer and the essential terms and conditions outlined above. Key to such a review is remaining mindful of the fact that regardless of the business relationship, the Board will look beyond contractual terms in its analysis of the putative employer’s relationship with the employees in question. In other words, all facts related to the employer/employee relationship will be examined and considered.

Employers should also keep in mind that the NLRA joint-employer rule is not the same rule applied by the U.S. Department of Labor for purposes of the Federal Labor Standards Act.

View the National Labor Relations Board Fact Sheet for additional information.

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USCIS To Move H-2A Processing From California to Texas

November 2nd, 2023

Beginning Nov. 1, 2023, H-2A employers and agents will be required to file Form I-129 petitions (petition for nonimmigrant visas) with the Texas Service Center (TSC). Previously, H-2A Form I-129 petitions were filed at the California Service Center (CSC) in Laguna Niguel, located in Orange County, California.

In addition to H-2A petitions, H-2B-related Form I-129 petitions as well as several other immigration-related petitions will be processed at the TSC going forward..

To allow the public time to transition to filing at the TSC, there will be a 60-day grace period for forms filed at the CSC during which misdirected forms will not be rejected. After the 60-day grace period, on and after Jan. 1, 2024, USCIS will reject H-2A-related Form I-129 petitions that are filed at the CSC.

For well over a decade, Western Growers H-2A Services has enjoyed being near the CSC, allowing same-day delivery of petitions via courier, shaving at least one day off the filing process. Going forward, petitions will be required to be transmitted via UPS next day air.  The new address for UPS, FedEx and DHL deliveries is:

USCIS Texas Service Center
Attn: I-129 H2A
6046 N Belt Line Rd. STE 117
Irving, TX 75038-0001

Click here to review the USCIS alert about the filing location change.

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John D’Arrigo Receives Award of Honor at Western Growers 2023 Annual Meeting

November 15th, 2023

In recognition of his many contributions to the agricultural industry and community, John D’Arrigo was presented with the 2023 Award of Honor at the Western Growers Annual Meeting in Kauai on November 14.

Upon receiving his award, John spoke about the future of agriculture and the role that D’Arrigo Brothers will have in that future:

“My goal for the future of our company and industry is to continue to encourage mechanization and automation research. We are focused on that. There are some people who will call mechanization and automation job replacement. But the truth is, we can’t find enough workers to harvest our product. I prefer to call it job creation. We are getting our field personnel off the ground, onto automated platform machines, protecting them from the elements and creating a safer work environment.”

His philosophy of “If you can’t find it, invent it” is just part of the reason John has been at the forefront of positive change and innovation in the agricultural industry.

Congratulations to John and the D’Arrigo team for the Award of Honor.

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Start Planning for the 98th Western Growers Annual Meeting in 2024

November 16th, 2023

As the 2023 Western Growers Annual Meeting in Kauai comes to a close, sights are set on the next big annual event in Scottsdale Arizona at the JW Marriott Scottsdale Camelback Inn Resort and Spa in 2024.

Mark your calendar for November 3-6, 2024, to attend the event of the year for industry leaders in agriculture. The 98th Western Growers Annual Meeting will include unrivaled networking opportunities, premier speakers and top-tier entertainment.

Visit wgannualmeeting.com for more information.

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WG and USDA Host Cadmium Food Safety Workshop in Salinas

November 2nd, 2023

USDA convened a pilot workshop over three days to facilitate collaboration between industry, government, and academia to benefit food safety and public health.

The event, which included about 40 participants, consisted of field tours, a discussion on the health impacts of cadmium, the importance of spinach and carrots to the diet, current production practices in California and Arizona, and a review of research on factors that influence crop uptake of cadmium. The group engaged in open dialogue, acknowledging the need to achieve a common understanding of the challenges as well as strengthening trust between various stakeholders to find solutions together.

The pilot focused on the production of two commodities (spinach and carrots) in two states (California and Arizona) and was aimed at developing a continuous improvement plan for mitigating cadmium, an element of concern.

The group left the workshop with a commitment to reconvene virtually within the next 2 months to report on progress in several areas identified for future action, including the potential for a data trust, industry-focused review of current knowledge and mitigations, opportunities to formalize the collaboration, and improve transparency and communication.

“Industry and regulators worked to determine options that promote continuous improvement by the industry while encouraging the consumption of healthy vegetables,” said Dr. De Ann Davis, SVP, Western Growers, who helped organize the workshop. “The participation by FDA’s Deputy Commissioner for Human Foods, Jim Jones, along with others from various parts of the agency sent a strong signal that FDA is committed to continued collaboration.”

“We valued our conversations with growers from California and Arizona as it provided us with valuable perspectives and ideas and we are very thankful to them for their willingness to engage with us on some tough topics related to heavy metals in the food supply,” said Dr. Conrad Choiniere, Director, Office of Analytics and Outreach, FDA. Other workshop organizers included representatives of the state departments of agriculture for California and Arizona, California and Arizona Leafy Green Marketing Agreements, FDA, and USDA.

“USDA was pleased to serve in a convening role for this pilot and hope that this serves as a model for collaboration on other topics,” said Dr. Melanie Abley, USDA Office of the Chief Scientist. “The balance of presentations, tours, and discussions effectively built trust so that the group could align on common goals, ensuring Americans have consistent access to safe, nutritious, affordable food essential to health.”

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California Fresh Fruit Association Names Daniel Hartwig as New Association President

November 15th, 2023

My team and I are excited to work with Daniel Hartwig as the new President of the California Fresh Fruit Association. Daniel brings strong experience with private grower operations, most recently with our very own board chair Stuart Woolf (Woolf Enterprises) as well as agricultural associations and is a highly respected advocate and leader within our industry.

Finding a replacement for Ian LeMay was no small feat. Ian has been a great partner and friend, and I am grateful that he will continue to be engaged as President and CEO of the California Table Grape Commission.

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The CDFA Opens 2024 Fertilizer Research and Education Program Grant Cycle

November 14th, 2023

The California Department of Food and Agriculture (CDFA) has announced the opening of the 2024 Grant Cycle for its Fertilizer Research and Education Program (FREP).

To qualify for the grant, proposals should address how the funds will be used for “outreach, education, demonstration, and research projects related to the environmentally safe and agronomically sound use and handling of fertilizing materials.” The CDFA also clarifies that grant funding is for $75,000 per year for up to three years, and it is available for “outreach, education, demonstration, and/or research projects addressing funding priorities. Proposals may originate from outside of California, but all project work must be relevant to California agriculture. FREP does not support proprietary product development, testing or promotions.”

For more information, the CDFA is hosting an application workshop via Zoom on November 20, 2023, from 1:00 – 2:00 p.m. PDT. Register for the FREP Grant Application Workshop here.

To submit a pre-proposal, visit the CDFA website here.

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Climate Robotics Wins AgSharks® Pitch Competition

November 14th, 2023

Climate Robotics earned a funding offer of $250,000 during the sixth annual AgSharks® Pitch Competition at the Western Growers Annual Meeting

KAUAI (Nov. 14, 2023) – Western Growers and S2G Ventures have announced the winner of the 2023 AgSharks® Pitch Competition, with Climate Robotics earning an equity investment offer of  $250,000 from the event’s judges.

Climate Robotics is a developer of mobile biochar production systems for commercial agriculture. Biochar is a carbon-negative soil amendment made from waste biomass that helps reverse global climate change. When biochar is applied to agricultural soils, it boosts crop yield, water retention and nutrient retention. Globally, biochar production has the potential to durably sequester up to two billion tons of atmospheric CO2 in agricultural soils every year, while generating valuable carbon removal credits. Climate Robotics’ trailer-mounted systems allows for low-cost, distributed production of high value biochar directly on the farm.

“We are beyond excited to win the 2023 AgSharks® competition,” said Jason Aramburu, Co-Founder and CEO of Climate Robotics. “There is an immense opportunity to leverage existing resources to sequester billions of tons of CO2 on farms. We are grateful for events like these that help companies such as Climate Robotics scale their tech innovations to decarbonize the atmosphere and improve soil health. We thank S2G and Western Growers for hosting a fantastic event and connecting us with growers, investors and other key members of the agriculture community.”

In addition to investment capital, Climate Robotics will receive international recognition, mentoring from WG and S2G, potential access to farm acreage to pilot their technologies and exposure to WG’s expansive network of leading fresh produce companies.

“We exist in a world of increasing complexity – water issues, variable climate, fragile supply chains, among other challenges,” said Audre Kapacinskas, Principal at S2G Ventures. “By working in partnership with Western Growers we seek to accelerate the adoption of new technologies that can solve real-world problems and work in tandem with industry to ensure we are directing capital to its highest and best use. Western Growers has been a phenomenal partner and we look forward to continuing to work together.”

“AgSharks® is one of the highlights of the Western Growers Annual Meeting because you can see the best and brightest agtech innovators like Climate Robotics succeed in real time,” said Walt Duflock, SVP of Innovation at Western Growers. “There is nothing like the pressure cooker of telling your story to hundreds of top produce industry leaders to prove you are ready to take your technology to market.”

The funding offer was awarded by S2G Ventures after Climate Robotics competed against two other finalists inventing new technology solutions to solve agriculture’s most pressing issues. The other finalists were:

  • Cultiva, a global leader in plant cuticle health technology. Its branded products – Parka® and Kallur® – help growers of specialty crops protect their yield from increasing environmental stresses, including those associated with extreme temperatures and untimely moisture events. Crops protected by Cultiva’s patented technology have reduced incidences of fruit cracking, sunburn, doubling, staining and coloring issues, ultimately improving growers’ overall marketable yield.
  • Provision, a company whose cloud software simplifies compliance for growers in any commodity, helping them meet requirements from customers, regulators and certifications. By replacing cumbersome paperwork and complex technology with an intuitive interface, automated notifications and smart rules, Provision is helping hundreds of growers across three continents save audit time and improve process control. Tailored for small- to mid-sized operations, Provision’s ease of use and customizable data tools put powerful insights within reach from 200 acres to 20,000.

Provision was the Audience Choice Winner, as determined by the votes of those in attendance.

The three startups pitched their inventions in front of an audience of more than 300 fresh produce farmers and industry leaders during the 97th WG Annual Meeting, held in Kauai on Nov. 12-15, 2023.

The competition was hosted by Daryl Shelton, Executive Vice President at RDO Equipment Co., and judged by Briana Giampaoli, head of Marketing and Product Innovation at Live Oak Farms; Audre Kapacinskas, Principal at S2G Ventures; J.P. LaBrucherie, President at LaBrucherie Produce; and Sumeeta Salvador, Associate at S2G Ventures.

AgSharks® was first held in 2017, and through the competition, past winners Hazel Technologies, Burro and Nutjobs have since brought their products from development to market. Hazel Technologies has raised over $87.8 million in funding over six rounds and is advancing the industry with sachets that extend the shelf life of fresh produce. Burro raised a $10.9 million Series A round in September 2021, led by S2G Ventures and Toyota Ventures, and continues to help solve farmers’ labor woes with the expansion of its fleet of autonomous robots to farms across the west. Last year, Nutjobs received an AgSharks® record $6 million equity investment for their technology transforming nutshell waste into bioplastics.

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Thanksgiving Week Spotlight

November 14th, 2023

Western Growers will not be sending a Spotlight mailing for November 23, 2023.

We wish you and your family a great Thanksgiving holiday.

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Pesticide Updates on Chlorpyrifos and Glyphosate

November 8th, 2023

The U.S. Court of Appeals recently concluded two opinions on chlorpyrifos and glyphosate.

Last week, the U.S. Court of Appeals for the Eighth Circuit struck down the Environmental Protection Agency (EPA)’s decision to place a sweeping ban on chlorpyrifos, finding it “arbitrary and capricious.”

Background: In August 2021, the EPA published its Final Rule in response to the Ninth Circuit Court of Appeals’ Order, revoking all tolerances for chlorpyrifos on food crops. The EPA then issued a Notice of Intent to Cancel (NOIC) in 2022 on three chlorpyrifos pesticide products, “because they bear labeling for use on food.”

The Eighth Circuit ruled that, EPA’s decision disregards U.S. Department of Agriculture (USDA)-Pest Management scientists who previously expressed they believed EPA could retain certain chlorpyrifos uses that meet EPA’s safety standards.

The court states:

Facing a tight deadline from the Ninth Circuit, see League of United Latin Am. Citizens v. Regan, 996 F.3d 673, 703 (9th Cir. 2021), the Environmental Protection Agency banned the use of chlorpyrifos on food crops. Its decision was arbitrary and capricious, see 5 U.S.C. § 706(2)(A), so we grant the petitions for review and vacate its order.

 Furthermore:

[A] partial ban was a real alternative for the EPA. It could have cancelled some registrations and retained others that satisfied the statutory safety margin…. the EPA should not have reflexively rejected an approach it had the power to adopt, even if it would have required more work.

Note that this decision does not preclude EPA from reinstating the ban in the future, but does create a precedent that it must give consideration as to whether pesticides can be used safely in certain instances, rather than a broad-sweeping ban.

See full decision here.

Additionally, on November 7th, the Ninth Circuit Court of Appeals concluded that enforcing Proposition 65’s carcinogen warning requirement for the herbicide glyphosate is unconstitutional. The court went further to state that the required warning conveyed a message that was “at best, disputed” whether glyphosate is unsafe, and was in violation of the First Amendment.

See full decision here.

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Grower Resource for Comprehensive Exotic Fruit Fly Crisis Developments

November 8th, 2023

California is experiencing an unusually high population of exotic fruit flies this season. Due to these unique circumstances, Western Growers has created a centralized web page to provide growers with updates on this continuously evolving situation for all exotic fruit flies with active quarantines in California.

This web page was developed in collaboration with CDFA, and it describes ongoing CDFA efforts to control these unwanted pests. Additionally, resources for growers who may encounter exotic fruit flies, descriptions of the currently monitored exotic fruit flies, and links to active quarantine maps can be found on this page.

Visit the Western Growers Exotic Fruit Fly web page here.

Additionally, updates can be followed vial social media on the Science LinkedIn pave and via Twitter/X.

Questions about a fruit fly quarantine/eradication, or possible infestation of fruits and vegetables with fruit fly larvae, call the CDFA Exotic Pest Hotline at 1 (800) 491-1899.

Please consult the CDFA website for official updates on the Exotic Fruit Fly situation in California here.

 

Image credit bugwood.org/cdf

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Western Growers Annual Meeting is Almost Here!

November 7th, 2023

It isn’t too late to be a part of the 2023 Western Growers Annual Meeting on November 12-15, 2023.

The four-day event in Kauai will feature some of the best networking, events and entertainment that the industry has to offer. Speakers include Dr. Temple Grandin, Michael Shellenberger and Jim Carroll. The Award of Honor dinner honoring John D’Arrigo will conclude with entertainment from comedian Tom Papa. Opportunities to connect with some of the biggest contributors to the agricultural industry include a welcome reception, PAC luncheon, the Party with the Partners, Hawaiian Family Games, the Growers Cup Golf Tournament and the Inaugural Pickleball Classic. The AgSharks® event will give three companies the opportunity to pitch their products to venture capital fund veterans looking for the next investment opportunities.

Go to wgannualmeeting.com for more information.

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