SB 1137:  California Law Now Recognizes “Intersectionality” In Workplace Discrimination Claims

October 10th, 2024

California Senate Bill 1137 (SB 1137) amends the state’s anti-discrimination laws to specifically address claims based on a combination of protected characteristics, or “intersectionality” in California’s civil rights laws.  

Intersectionality conceptualizes how different social identities intersect and at times overlap to create unique instances of discrimination; not just on a single characteristic, but on a combination of protected factors such as race, gender, age, and more. For example, Asian women may experience unique stereotypes and assumptions not experienced by Asian men or white women. This may lead to discrimination or harassment based on a combination of these characteristics, rather than just one protected characteristic alone.  

Under SB 1137, the Fair Employment and Housing Act (FEHA) is amended (as of January 1, 2025) to now explicitly allow individuals to bring allegations of discrimination based on the intersection of multiple characteristics. Specifically, the FEHA is amended as follows: 

“(o) “Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status” includes any of the following: 

  1. Any combination of those characteristics.
  2. A perception that the person has any of those characteristics or any combination of those characteristics.
  3.  A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics. (Cal. Govt. Code section 12926(o) as amended) 

Federal law provides similar protections against discrimination and harassment as outlined in the Equal Employment Opportunity Commission’s interpretive guidance of Title VII of the Civil Rights Act of 1964. 

What Does It Mean 

Intersectionality can affect workplace policies by requiring employers to consider the unique experiences of individuals who belong to multiple protected classes. A few key points to consider include: 

  1. Incorporate Anti-Discrimination Training: Existing law requires employers to provide regular training on the state anti-harassment laws. Employers should consider widening the scope of these trainings to include recognizing and preventing discrimination based on multiple characteristics and including the concept of intersectionality and how different forms of discrimination can overlap and impact individuals. 
  2. Review and Update Policies and Procedures: As with all new legislative changes, employers should review their existing anti-discrimination policies and procedures to ensure they explicitly address discrimination based on a combination of characteristics. This includes updating employee handbooks, codes of conduct, and complaint procedures to reflect the new legal standards set by SB 1137.  

Western Growers Mourns the Passing of Former Board Chair and Award of Honor Recipient Bill Ramsey

October 9th, 2024

William “Bill” Ramsey, former partner of Mann Packing Co. Inc., died Oct. 8, 2024 at the age of 92. Bill was the Chair of the Western Growers Board of Directors in 1994 and received Western Growers’ most prestigious award, the Award of Honor, in 1999.

Bill grew up in Salinas, Calif., and briefly attended Hartnell College. Following four years of service in the U.S. Navy, Bill traded his uniform for farm boots and returned home to begin a new chapter in agriculture.

Bill’s commitment to his community took root early, beginning with service to the Salinas City School Board. He went on to serve on various boards, including the Hartnell College Board of Trustees and the Board of John Steinbeck National Center, where he helped raise funds for the Center building. Over the years, Bill continued to support fundraising efforts for many local causes, including the Salinas Rodeo and the Rabo Bank Stadium.

This same dedication to his community carried over into his professional life at Mann Packing Co. Inc., a subsidiary of Del Monte Fresh Produce N.A., Inc., and one of the largest suppliers of packaged vegetables in North America. A fierce advocate for agriculture, Bill testified before Congress on critical agricultural issues and trade agreements, including NAFTA.

Besides serving as Western Growers Chair, Bill served as Board Chairman and later President of the Grower-Shipper Association. He also served on the Western Growers Board of Directors from 1978 to 1998.

Western Growers extends our deepest condolences to Bill’s family, friends and colleagues.

Private services will be held at the Central Coast Veterans Cemetery in Monterey County. To honor Bill, floral arrangements can be coordinated through Daly-Leach Chapel here.

Budget Season Compensation Management Webinar

October 1st, 2024

Planning your budget correctly will save you from having to manage challenges later.

 

That’s easier said than done.

Join Karen Timmins, Sr. Vice President of Human Resources for Western Growers, and Greg Manns, Sr. Vice President for Industry Insights, on October 30, 2024, at 11:00 am PT to get expert tips on balancing salaries, bonuses and benefits in a way that integrates with your overall budget to ensure success for the coming year.

This webinar will include time for questions about compensation and budgeting for your organization.

Webinar Details:

Date: Wednesday, October 30, 2024

Time: 11:00 AM – 12:00 PM PT

Location: Online

Register Here

California’s New Workplace Violence Prevention Workshop

October 9th, 2024

Navigating California’s New Workplace Violence Prevention Requirements 

Join us for a crucial and timely in-person presentation focused on California’s new workplace violence prevention mandates, specifically tailored for human resources professionals in the agriculture sector. This 2-hour session will be presented by Western Growers Learning and Development Manager, Priscila Cisneros and Corporate Counsel, Teresa McQueen who will provide you with the essential knowledge and tools to ensure compliance and assist in helping you create a safe workplace.*

*This program does not satisfy SB553 workplace violence training requirements.

 

Why Attend?

•    Gain an understanding of California’s new workplace violence prevention mandate.

•    Learn about developing and implementing a compliant prevention plan.

•    Understand the legal aspects and employer obligations.

•    Receive practical advice tailored to the agriculture industry.

 

Who Should Attend?

•    Human Resources professionals in the agriculture sector.

•    Farm owners and managers.

•    Safety and compliance officers.

•    Anyone responsible for employee well-being and workplace safety.

 

Workshop Details:

Thursday, November 7, 2024

Registration & Continental Breakfast: 9:30AM – 10:00AM

Program: 10:00AM – 12:00PM

Location: Bakersfield, CA

 

Please click below to learn more about this workshop or to register.

Register Here

 

 

Food Safety: The Root Cause

October 8th, 2024

Headlines frequently report foodborne illnesses and recalls, prompting many business leaders to wonder what they need to do to prevent it happening to their company. When problems occur, investigators conduct a root cause analysis – don’t let that investigation lead to the top.

Building a strong food safety culture is commonly discussed but difficult to implement and measure. It’s challenging to know when you’ve succeeded, and easiest to see when you’ve failed. While a piece of equipment may have harbored a food safety hazard, the underlying reason often points to reactive, not proactive, food safety systems. Finding balance in food production is difficult as there is always more to do and not enough time to get it done. However, one of the cheapest investments ever made will be one that prevents costly recalls and outbreaks.

Risk-based is a ubiquitous term used in the food safety industry, and we have spent decades building an infrastructure of audits, programs and testing to support this concept. Despite broad efforts, outbreaks and recalls continue to occur, raising questions about whether the infrastructure needs some additional refinement. Prevention-based food safety recognizes that current efforts will never be enough. While food safety audits and programs are building blocks for risk-based systems, prevention-focused food safety requires active selection for constant deviation to reduce risk. Do we favor deviations in audits and processes? Generally, not.

Reflecting on failures in past events and thorough root cause analysis, we need to design systems that favor the right type of deviation. Passing an audit and not deviating from current food safety programs will not naturally lead to a system that iteratively identifies risk-reduction activities. Continuous improvement toward the right type of deviation is essential. Today’s goal? Be better than yesterday.

Western Growers Science is hosting a Management Strategies for Food Safety workshop on November 12, 2024, in Salinas Calif. This workshop offers vital insights into the qualifications necessary for food safety roles, the scientific principles behind food safety and the delicate balance between regulatory adherence and production goals. Register here.

 

Workshop Details:

Date: November 12, 2024

Time: 10:00 AM PT

Location: Salinas, CA (In-Person)

Register Here
 

Register Now for the Budget Season Compensation Management Webinar

October 7th, 2024

Do you work in agriculture as an HR professional, data analyst or executive and have questions about increasing minimum wages and new overtime regulations? Are you looking for practical guidance for strategic compensation management as you prepare for budgeting season?

Our Budget Season Compensation Management Webinar will guide you through every step to ensure you’re fully prepared for the year ahead.

Join Karen Timmins, Sr. Vice President of Human Resources for Western Growers, and Greg Manns, Sr. Vice President for Industry Insights, on October 30, 2024, at 11:00 am PT to get expert tips on balancing salaries, bonuses and benefits in a way that integrates with your overall budget to ensure success for the coming year.

We’ll wrap the webinar with a Q&A session.

This is a webinar you won’t want to miss! Register here to secure your spot.

WEBINAR DETAILS:

Date: Wednesday, October 30, 2024

Time: 11:00 AM – 12:00 PM PT

Speakers:

Karen Timmins
Greg Manns

Have you purchased your copy of our 2024 Compensation and Benefits Survey yet? As the most comprehensive analysis of specialty crop compensation data for California and Arizona, this survey provides the critical data you need to make informed decisions and ensure your compensation packages remain competitive, helping you attract and retain top talent. If you haven’t purchased the compensation survey yet and would like to do so, visit https://wga.my.site.com/wga/s/store.

Join the Coalition Against $26/Hour Minimum Wage Hike in Santa Barbara County

October 8th, 2024

The Central Coast Alliance United for a Sustainable Economy (CAUSE) and the Mixteca Indigena Community Organizing Project (MICOP) are advocating for a $26 per hour minimum wage for farmworkers in Santa Barbara County. This proposal could have serious negative consequences for the region’s agricultural economy.

If enacted, the $26 minimum wage could drive growers out of business, put farmworkers out of work, hurt Santa Barbara’s economy and lead to a significant loss in tax revenue for the county.

In response, the Board of Supervisors has formed an ad hoc committee to explore this proposal and more broadly “farmworker conditions.” A public hearing is expected in November, after the election.

Western Growers is helping lead a newly formed coalition of growers, vintners, small businesses and farmworkers to oppose the minimum wage hike and defend the interests of agriculture.

To support or join the coalition, contact Sydney Page at [email protected] or Cory Lunde at [email protected]. You can also fill out this coalition form here.

Amy Trask to Deliver Keynote Address at Western Growers 98th Annual Meeting Chair’s Lunch

October 8th, 2024

Amy Trask, a trailblazing sports executive and analyst, will be the keynote speaker at the Chair’s Lunch during the Western Growers 98th Annual Meeting, taking place from Nov. 3-6 at the JW Marriot Scottsdale Camelback Inn Resort & Spa.

Recognized as the NFL’s first female CEO with the Oakland Raiders, Amy has shattered glass ceilings and set new standards for women in sports. Currently an analyst with CBS Sports, she brings over 30 years of experience in the NFL, offering valuable insights into the intersection of sports, leadership and innovation.

For more information about the Western Growers Annual Meeting, please click here.

To learn more about Western Growers Annual Meeting sponsorship opportunities, please view our Sponsorship Guide or contact Rob Steinmann at [email protected].

FIRA USA 2024 is Almost Here

October 4th, 2024

The third annual FIRA USA event is scheduled for Oct. 22-24, 2024, in Woodland, California.

For the first time, growers will be able to attend FIRA USA for free.

The event will showcase more than 35 robots demonstrating advancements in ag automation solutions in three demonstrations zones. From weed control to fertilizer, harvesting, picking and seeding, you’ll have a front-row seat to the full gamut of tech innovations.

In addition to more than 70 booths in the event’s exhibition hall, FIRA USA will feature an array of panel discussions, round tables and pitches from some of the brightest minds in agriculture.

FIRA’s exciting agenda and panel discussions include:

  • Building an Agricultural Technology Innovation Economy
  • California AgTech Open Innovation Ecosystem
  • Autonomous Irrigation Solutions for Specialty Crops
  • Advancements in Robotics for Farm and Food Production: A 2024 Review
  • Addressing Automation Needs in the Vegetable Industry Through the World
  • Robots Case Studies: Figures and ROI Analysis
  • Empowering the Future of Agriculture: The Workforce and Education Program in Ag

This is an event you won’t want to miss! For a full agenda, click here.

Growers can register for free by clicking here.

Ag and FFA students can also register for free by clicking here: https://fira-usa.com/school-education/.

Not a grower? Don’t worry. If you’re a member of Western Growers and the Western Growers Center for Innovation and Technology (CIT), you can get 50% off your ticket by clicking here.

Specialty Crops Urging Farm Bill Action

October 4th, 2024

WASHINGTON, D.C. (Oct. 4, 2024) – The Specialty Crop Farm Bill Alliance (SCFBA) has issued the following statement in response to this week’s letter from the chairs of the Congressional Specialty Crop Caucus – Representatives Jim Costa (D-Calif.), David Rouzer (R-N.C.), Elissa Slotkin (D-Mich.), and David G. Valadao (R-Calif.) – to leaders of the U.S. House and Senate.

“The status quo for U.S. specialty crop growers is simply not sustainable, and this week’s letter from the Congressional Specialty Crop Caucus reinforces the importance of key specialty crop investments to enhancing the competitiveness of growers and supporting the overall health and wellbeing of all Americans.”

The SCFBA further stated, “Modest investments in specialty crops could be transformational for growers that have historically not been served by farm bills in the same way as other commodities. That’s why we echo the chairs in urging passage of a full five-year, bipartisan farm bill that can be signed into law this year – one that includes more investment, not less, in specialty crops.”

SCFBA is a national coalition of more than 200 specialty crop organizations representing growers of fruits, vegetables, dried fruit, tree nuts, nursery plants and other products. In early 2023, the alliance released a set of key policy priorities as part of its Farm Bill recommendations. Specialty crop production, including fruits, vegetables, tree nuts, nursery and greenhouse commodities, contributes significantly to the U.S economy, accounting for $64.7 billion in farm gate value and 30 percent of farm cash receipts for crops.

The SCFBA is co-chaired by Cathy Burns, CEO of the International Fresh Produce Association; Mike Joyner, President of the Florida Fruit & Vegetable Association; Dave Puglia, President and CEO of Western Growers; and Kam Quarles, CEO of the National Potato Council.

# SCFBA #

The Specialty Crop Farm Bill Alliance is a national coalition of more than 200 organizations representing growers of fruits, vegetables, dried fruit, tree nuts, nursery plants and other products. The Alliance was established to enhance the competitiveness of specialty crop agriculture and improve the health of Americans by broadening the scope of U.S. agricultural public policy. For more information, visit farmbillalliance.com

MEDIA CONTACTS:

Christina Morton, Florida Fruit & Vegetable Association, [email protected]

Siobhan May, International Fresh Produce Association, [email protected]

Mark Szymanski, National Potato Council, [email protected]

Ann Donahue, Western Growers, [email protected]

ALRB Finalizes Regulations for AB 113

October 4th, 2024

The Agricultural Labor Relations Board (ALRB) recently held a public hearing to discuss proposed regulations related to AB 113 (card check). These regulations focus on majority support petitions, unfair labor practice compliance, and appellate bonds. Over the course of several hearings held in 2024, the ALRB has reviewed public comments and made modifications to these regulations. 

The latest discussions occurred on September 18, 2024, and it is anticipated that the final regulations will soon be submitted to the Office of Administrative Law (OAL) for review. These proposed regulations outline the requirements for employees’ union authorization cards, specifying key information such as the employee’s printed name, contact details, and a declaration that the signature is valid for one year. These cards must meet specific requirements to be valid in future union representation filings. However, cards that were collected before the implementing regulations become effective would be deemed valid. 

Employees are permitted to sign authorization cards during their rest or meal periods or in employer-designated parking areas, as these activities are protected under the Agricultural Labor Relations Act. Employers are prohibited from retaliating against employees for engaging in these activities, and workers can file unfair labor practice charges if they face retaliation. 

In addition to majority support petitions, the proposed regulations cover civil penalties in unfair labor practice cases and provide guidance on the posting of appellate bonds. On October 2, 2024, the ALRB issued a notice of further modifications to these proposed rules and invited stakeholders to submit comments by October 17, 2024. 

The 15-Day Notice Materials include: 

California’s SB 1105: New Paid Sick Leave Provisions for Ag Employees 

October 4th, 2024

Senate Bill (SB) 1105 introduces significant changes to existing paid sick leave provisions for agricultural employees in California. Effective January 1, 2025, the bill expands the paid sick leave benefits offered under the Healthy Workplaces, Healthy Families Act of 2024 for agricultural employees.  

Key Points 

SB 1105 supplements the Healthy Workplaces, Healthy Families Act of 2014 by allowing agricultural employees to use paid sick leave for a broader range of reasons. These include: 

  • Attending to their own health needs 
  • Caring for a family member; and  
  • Addressing issues related to domestic violence, sexual assault, or stalking.  

The bill also requires employers to inform their employees about these expanded provisions and maintain accurate records of the paid sick leave taken. 

Best Practices 

  1. Educate and Inform Employees: Provide clear and comprehensive information about the expanded paid sick leave provisions through training sessions, informational materials, and regular communication. This will help employees understand how they can utilize their paid sick leave effectively and within company guidelines.
  2. Regularly Review and Update Policies: Review and update workplace policies to ensure they align with the new requirements of SB 1105. This includes revising employee handbooks, sick leave policies, and any other relevant documentation to reflect the expanded paid sick leave provisions. 
  3. Maintain Accurate Records: Proper documentation is essential for demonstrating compliance with SB 1105. Employers should, if they have not already, establish robust record-keeping practices to track the paid sick leave taken by their employees. This will assist with compliance and help in managing and planning workforce needs effectively. 

The New CA Worker Freedom from Employer Intimidation Act (SB 399) 

October 4th, 2024

Senate Bill (SB) 399, recently signed into law by Governor Gavin Newsom, enacts the California Worker Freedom from Employer Intimidation Act. Effective January 1, 2025, this law prohibits employers from holding mandatory meetings, known as “captive audience,” meetings, that discuss religious or political matters, including union-representation discussions.  

Key Points 

SB 399 makes it unlawful for employers to require employees to attend meetings where religious or political matters are discussed. This includes discussions about union representation. Employers found in violation of this law may face civil penalties or civil actions. The law is designed to ensure that employees have the freedom to make their own decisions regarding these matters without undue influence from their employers.  

Specifically, SB 399 will make it unlawful for an employer to engage in or threaten any of the following: 

  • Discharge 
  • Discriminate 
  • retaliate against; or 
  • take “any other adverse action” 

against any employee who declines to attend an employer sponsored meeting or decline to participate in, receive, or listen to any employer communications regarding religious or political matters, where the purpose of the meeting is to communicate the employer’s opinion(s) about religious or political matters.  

“Political matters” are broadly defined under the new law as “matters relating to elections for political office, political parties, legislation, regulation, and the decision to join or support any political party or political or labor organization.” 

Civil penalties for violating the statute are $500 per employee for each violation. The law may be enforced by the Labor Commissioner or through civil litigation where punitive damages could be sought.  

The statute does not prohibit any of the following: 

  • Communicating to employees any information that the employer is required by law to communicate. 
  • Communicating to employees any information that is necessary for those employees to perform their job duties. 

The mandates of SB 399 should not be unfamiliar to California employers who are already prohibited from coercion or influencing workers’ political activities and are required to protect employees who engage in political activities. The same is true under federal law. The National Labor Relations Act protects employees who engage in protected concerted activity including union organizing activities. As such, challenges to the duplicative nature of SB 399 are already being raised.  

Best Practices  

  1. Review and Update Company Policies: Review and update company policies to ensure compliance with new SB 399 mandates. This includes revising employee handbooks and any other relevant documentation to reflect the new prohibitions on mandatory meetings discussing religious or political matters. 
  2. Train Management and Supervisors: It is essential to provide training for management and supervisors on the new requirements of SB 399. Training should cover the key aspects of the law, including what constitutes a “captive audience” meeting and the potential consequences of non-compliance. Well-informed management will be better equipped to adhere to the new regulations and avoid any legal issues
  3. Seek Legal Guidance: Navigating new legislation can be complex. Seek guidance from experienced legal counsel to understand the specific requirements of SB 399 and in developing comprehensive compliance strategies. Legal counsel can provide valuable insights and help avoid potential legal and financial repercussions associated with noncompliance. 

Save the Date: Join WG at the Sustainable Agriculture Summit in November

October 3rd, 2024

Western Growers is excited to announce its participation in a breakout session at the Sustainable Agriculture Summit in Minneapolis, Minnesota, on Nov. 20-21, 2024.

Although food safety and sustainability objectives are key priorities for growers, farming systems have not been optimized for long-term sustainability, particularly when incorporating food safety practices that are required for fresh produce.

This breakout session will be a specialty crop grower-led discussion of on-farm practices and research on the nexus of food safety and sustainability. It will address how growers navigate implementing biodiversity on the farm while meeting the changing landscape of consumer interest in sustainability and balancing human health risk. The panel will discuss managing the incompatibility and opportunities of these priorities.

DETAILS

Title: Nexus of Food Safety and Sustainability

Date and Time: Wednesday, Nov. 20, 2024, from 1:30 p.m. – 2:15 p.m.

Moderator:

Jeana Cadby, Environment and Climate Director, Western Growers

Panelists:

Gina Colfer, Sustainability Specialist and Organics, Wilbur Ellis

Matt Grieshop, Director, Grimm Family Center for Organic Production and Research at Cal Poly

John McKeon, Director of Organic Integrity and Compliance, Taylor Farms

Joelle Mosso, Associate Vice President of Science Programs, Western Growers

Registration is open!

To purchase your tickets for the Sustainable Agriculture Summit, click here. For a full schedule of events and to learn more about the panels and speakers, click here.

 

 

2024 Western Growers Annual Meeting Featured Session: Navigating the Post-Chevron Landscape

October 2nd, 2024

Don’t miss valuable insights on navigating the post-Chevron landscape at the second featured session of this year’s Western Growers Annual Meeting. A panel of administrative law experts will discuss how the ruling has shifted power dynamics between courts and federal agencies, and its implications for the enforcement of environmental, H-2A, labor and employment regulations.

Panelists include Damien Schiff, Senior Attorney at Pacific Legal Foundation; Lynn Jacquez, Of Counsel at JPH Law; and Daniel Jarcho, Partner at Alston & Bird. The session will be moderated by Western Growers Sr. Vice President & General Counsel, Jason Resnick.

To learn more about the 2024 Western Growers Annual Meeting, click here.

New Voices of the Valley: Sniffing Out Pests with Agriculture Detector Dogs

October 3rd, 2024

You may have never given today’s topic much consideration, but this is the episode you didn’t know you needed.

In this episode of Voices of the Valley, Western Growers’ Kara Timmins and Jeana Cadby talk with CDFA entomologist Dr. Jason Leathers and canine handler Michelle King to explore the exciting world of agricultural pest detection.

They’ll share why it’s so important travelers don’t pack a pest and how we can all participate in protecting agriculture. We’ll even get to meet agriculture detector K9 Kernul, an eight-year-old chocolate lab who helps protect California agriculture by using his nose to sniff out unwanted pests in unmarked packages.

You can listen to the full episode here.

FDA’s Unified Human Foods Program, New Model for Field Operations, and Other Modernization Efforts Go into Effect

October 1st, 2024

FDA STATEMENT

The following is attributed to Robert M. Califf, M.D., FDA Commissioner, and Jim Jones, Deputy Commissioner for Human Foods and Michael Rogers, Associate Commissioner for Inspections and Investigations

The U.S. Food and Drug Administration, the oldest comprehensive consumer protection agency in the country, is marking a new chapter. For more than a century the FDA has, among other things, had the responsibility to help ensure the safety of food products consumed by hundreds of millions of U.S. consumers while also promoting healthy diet and improved nutrition.

We are pleased to announce that today, the unified Human Foods Program, a new model for field operations and other modernization efforts is now in effect. This is the single largest reorganization in the agency’s modern history, as it impacts more than 8,000 employees and touches almost every facet of the FDA. We appreciate the dedication and enthusiasm of the FDA staff who are on this reorganization journey with us, as well as the helpful feedback we received from external parties over the last year and a half.

In particular, the establishment of the Human Foods Program allows us to most effectively deliver on our mission to protect and promote public health through science-based approaches to prevent foodborne illness, reduce diet-related chronic disease, and ensure the safety of chemicals in our food. This will enable us to zero in on those issues where intervention has the greatest opportunity for the prevention of disease and for the promotion of wellness. We are confident that the new, world-class Human Foods Program will better protect and support consumers and improve our employees’ ability to carry out the FDA’s public mission.

An important part of this reorganization also includes restructuring and renaming our field operations unit to focus on inspections, investigations and imports as its core mission. Restructuring the Office of Inspections and Investigations, formerly known as the Office of Regulatory Affairs, extends beyond foods and has an impact on how the FDA oversees all FDA-regulated products. We have created an enterprise-wide structure that will enhance collaboration between our field investigators and other subject matter experts throughout the agency and modernize and strengthen the entire agency to work more cohesively and collaboratively in accomplishing our collective public health mission.

We will also pilot a new online consumer complaint form to both improve the consumer experience when submitting complaints as well as internally handle complaints more efficiently and effectively, helping the FDA to better detect and respond to emerging public health risks.

We are committed to building a stronger, more integrated and modernized agency. This is the goal across the agency and includes our laboratories, food safety and nutrition, medical products, tobacco products and cosmetics.

The work has really only begun. We are hopeful this modernization and reorganization will enhance transparency and trust in the agency as we work together both inside and outside the FDA to better meet our country’s shared public health goals.

###

The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, radiation-emitting electronic products, and for regulating tobacco products.

 

You can view the official statement here.

What the East and Gulf Coast Ports Strike Means for Growers

October 2nd, 2024

On Oct. 1, 2024, thousands of dockworkers went on strike at dozens of East and Gulf Coast ports. This occurs as contract negotiations have broken down between the dockworkers’ union, the International Longshoremen’s Association (ILA) and the U.S. Maritime Alliance (USMX) that represents the port employers. Regarding the impact on agriculture nationally, initial reports estimate that the strike could have a $1.4 billion impact on containerized agricultural exports and imports for each week it goes on. At the same time, the U.S. Department of Agriculture does not expect significant changes to food prices or availability for consumers in the near term.

Western Growers recognizes that this situation is uncertain and evolving, and that reverberating impacts to the West Coast ports and broader food supply chain are within the realm of possibility, especially if the strike lingers. This potentially includes:

  • More demand for containers and berth space at West Coast ports, as ships and cargo originally intended for the East and Gulf Coast get rerouted.
  • Union actions by West Coast dockworkers, as a show of support and solidarity with ILA members.
  • Ocean shipping lines increasing costs through higher freight rates and/or new surcharges. A few of these companies have already announced new surcharges and general rate increases that will kick in later this month.

We encourage our members with ocean-faring business to begin (or continue) proactively coordinating with their brokers, carrier providers and truckers on potential contingency plans in the event of a prolonged strike and broader logistical impacts. We also recommend retaining any and all communication records discussing freight rates, quotes, and fees or surcharges, in case of any discrepancies or potentially unjustified adjustments. We will continue to closely monitor the situation and provide updates as they become available.

If you are experiencing any shipping issues or have questions about these events, please contact Tracey Chow, Federal Government Affairs Director, at [email protected].

Additional Resources:

Federal Maritime Commission – Complaints and Assistance

U.S. Department of Agriculture – Statement on East Coast and Gulf Coast Ports

International Longshoremen’s Association

United States Maritime Alliance

Butterfly Effect: Will an ESA listing actually protect Western Monarchs?

October 1st, 2024

One thing is abundantly clear regarding the potential ESA listing for the Western Monarch: butterflies are not bears. Let me explain.

The Monarch butterfly (Danaus plexippus) has in many ways come to represent conservation efforts in the West, and the broader environmental challenges for wildlife throughout the state. Although year-over-year fluctuation is not uncommon in insect populations, long-term trends clearly show a significant decline (more than 95 percent since the 1980s) in this species.

This decline over the past few decades has led to several calls to list the Monarch butterfly at the Federal Endangered Species Act (ESA) of 1973 and the California Endangered Species Act (CESA) level. A goal of the ESA is to “recover” species to the point they no longer require the Act’s protections and can be delisted. This is often accomplished by designating “critical habitat” and imposing restrictions on encounters with the species. However, some top Monarch conservationists believe an ESA listing of the butterfly would do more harm than good.

By the way, if you want a deeper dive topic, check out our webinar, Farming, Monarch Butterflies, and the New EPA Workplan: What Does this Mean for Farmers?

We know that Monarch butterflies are in need of protection and that California is uniquely positioned to conserve critical habitat, so let’s evaluate what ESA listing would mean for Monarchs. The thing is, the ESA was really developed and expanded to protect large, conspicuous animals, particularly birds and mammals (which, by the way, constitute less than 1 percent of animal species. Only 4 percent of listed endangered animal species are insects, despite insects making up over 72 percent of global animal diversity). According to the Xerces Society, “unlike the American alligator and the brown pelican success stories, no insect has been taken off the list because numbers have recovered.” Why is this the case?

Size and Space: Larger mammals such as bears have fewer, larger and more defined habitats with distinct territories. Large tracts of land can be more easily identified, conserved and monitored, unlike the numerous small and disparate habitats required for migratory insects. It’s also a lot easier to spot, count and protect (or do an autopsy on) a bear than it is to coordinate and seek out many tiny insects moving and migrating through countless overwintering and breeding habitats throughout the state.

Ecosystem and Environment: Butterflies have specific and fragile habitat needs, dependent on particular host plants, like milkweed for Monarchs. Small changes to these plant populations, temperature and humidity environmental factors, due to climate change for example, can affect migration, reproduction and survival. Due to the shorter lifespans and rapid reproduction, insect populations can fluctuate dramatically, making population trends more difficult to track and persist. Larger animals can more easily adapt to gradual changes in their environment and live longer with multiple opportunities for reproduction, allowing for more resilience against climate change and other extreme factors.

Conservation and Collaborators: Effective conservation efforts for the Monarch butterfly will require significant community buy-in. Due to the dispersed and numerous habitat requirements, education and voluntary conservation programs that encourage farmers and landowners to incorporate milkweed and other native plants into their landscapes is the best allocation of compliance and enforcement resources.

While the ESA can shield listed species from significant harm, it does not directly mandate or compel private citizens to take positive conservation actions on behalf of these species. Some conservationists believe that focusing on voluntary habitat restoration and collaborations with farming communities would be more effective than regulatory approaches and would be more accessible without the regulatory red tape.

Professor of Entomology Dr. Dan Rubinoff says, “Well-meaning organizations and agencies should continue their efforts to bolster Monarch populations and engage the public in the voluntary conservation of one of the few insects which has managed to capture the public’s sympathies and admiration…Federal listing will encumber research, cause chaos and confusion in a public used to growing and interacting with the species, and ultimately threaten the Endangered Species Act, as the untenable listing of the Monarch will initiate concessions and exceptions to account for its presence in backyards, parks, and schools.”

Primary threats to Western Monarch butterflies surround habitat loss as the key factor. This is due to urbanization and herbicides impacting milkweed reproductive sites and development and forestry in overwintering sites. Climate change has certainly played a role and will change where and when Monarchs will migrate and reproduce.

Given the flagship role of Monarch butterflies in insect and pollinator conservation, and ESA listing this of species could provide crucial protections for its habitat and catalyze broader conservation efforts for insects. However, adequate resources and assurances to good actors are critical to getting the required habitat restoration and creation, particularly planting milkweed and nectar plants. Farmers and farmland play a vital role to conserve Western Monarch butterflies by expanding vital breeding and foraging habitat.

There is a clear need for action to protect Monarch butterflies. Whether this important species is listed at the end of 2024 or not, it is critical that stakeholders work together to enact effective change. Including farmers in this conversation, providing community resources and education, and protecting the good actors who are stewarding these important habitats will be key to supporting the future of this species. Our farmers have been working hard to implement biodiversity and support sustainable agriculture and are looking forward to a brighter future for Monarch butterflies.

Management Strategies for Food Safety Workshop

October 1st, 2024

This workshop offers vital insights into the qualifications necessary for food safety roles, the scientific principles behind food safety and the delicate balance between regulatory adherence and production goals.

Register now to equip yourself with the tools to create a supportive culture to optimize food safety and production demands.

 

Workshop Details:

Date: November 12, 2024

Time: 10:00 AM PT

Location: Salinas, CA (In-Person)

Register Here