Mapping MAHA

May 22nd, 2025

Editor’s note: This is an early preview of an article set to appear in the May/June 2025 issue of the Western Grower & Shipper.

Has a new presidential administration ever moved so quickly and boldly across so many policy areas? Historians will assess that. For now, let’s try to map out one of the key pillars of the Trump agenda – the Make America Healthy Again movement, or “MAHA” – with one caveat: What follows could be obsolete before this magazine is published, things being the way they are in Trump’s second term.

Trump’s selection of Robert F. Kennedy, Jr. to serve as Secretary of Health and Human Services was an eye-popping move, even for Trump. In tapping Kennedy, Trump – an unabashed McDonald’s aficionado who seems to hydrate almost entirely on Diet Coke – opened the White House doors to a forceful band of advocates dominated by Big Food and pharmaceutical industry critics, who through effective social media and podcasting made their movement relevant and forceful even before it became known as MAHA.

As Secretary of HHS, Kennedy has oversight of the Food and Drug Administration (FDA), the Centers for Disease Control and Prevention (CDC), and other agencies that touch food and nutrition policy in several ways, especially food safety. (More on that another time.) But where he intends to impact food and nutrition, Kennedy needs cooperation from his cabinet counterparts.

What do RFK, Jr. and MAHA mean for agriculture policy, and especially for the specialty crop (i.e., fresh produce) sector?

Let’s start with one of the central drivers of the MAHA movement, food and nutrition policy.

Kennedy has forcefully argued to flip federal nutrition standards and guidance (think of the outdated food pyramid) to prioritize meats, poultry, seafood, dairy, fruits, vegetables and tree nuts.

He has also placed a bullseye on so-called ultra-processed foods that are typically associated with corn, soy products, other grains and often manufactured with ingredients reminiscent of college chemistry textbooks. Prioritizing fresh foods in federal purchasing programs, increasing specialty crop support in the pending Farm Bill, and elevating national consciousness around this agenda would undoubtedly create a long-awaited jump in demand for our healthy foods and a stronger federal commitment to the sustainability of the specialty crop industry.

But almost all these policy areas fall within the jurisdiction of the Department of Agriculture, not HHS, which is why Kennedy has been so quick to seek out Secretary Brooke Rollins as his partner. Some early signs of success are apparent; the two cabinet officers have appeared together, with Rollins increasingly expressing her support for much of MAHA agenda vis-à-vis food and nutrition.

Things could get trickier when it comes to agriculture policy. Kennedy seems to have prevailed on Trump to buy into his broad, longstanding indictment of pesticides used in agriculture. This ignores the success of our incredibly rigorous science- and risk-based federal regulatory regime governing crop protection tools – the registration and approval process, label and use restrictions and ongoing monitoring for human and environmental health effects. As part of his drive to sideline synthetic pesticides and herbicides, Kennedy is also pressing for widespread adoption – perhaps by government mandate – of a regenerative agriculture regime that would entice activist groups to graft their agendas onto an as-yet cloudy definition of regenerative agriculture. This is concerning, to put it mildly. A possible silver lining: Kennedy could become a forceful advocate for game-changing federal investments in biological controls for specialty crops, a major priority for Western Growers.

Where Kennedy must turn to Agriculture Secretary Rollins on nutrition policy, here he will need another cabinet officer: Lee Zeldin, tapped to lead the U.S. Environmental Protection Agency (EPA) which has primary regulatory authority over pesticides. Zeldin is a former member of Congress from Long Island and was the Republican candidate for Governor of New York in 2022. As a suburban New Yorker, Zeldin, just like Kennedy, will need Rollins and her team for guidance on crop protection policies and impacts on farm production.

Shortly after he was nominated, I was fortunate to speak with Kennedy by phone, and though the main purpose for my call was to ask that he support a friend of WG who was seeking a high-level position, I took the opportunity to talk about all of this with him and came away mostly encouraged. But it struck me then, as it does now, that while Kennedy’s determination to affect policy in nutrition and agriculture is fierce, in this – as in so many aspects of this presidential administration – Trump himself will be the ultimate arbiter on major policy decisions, as is his prerogative. As a previous occupant of the Oval Office put it: “I’m the Decider.”

U.S. District Court Judge Temporarily Blocks Border Patrol’s Opt-In-Arrest Tactics in California

May 9th, 2025

WG Thanks VCAA President/General Counsel Rob Roy for allowing us to share this article.

On April 29, 2025, the U.S. District Court, (Eastern District) issued an injunction restraining the Border Patrol and its agents from engaging in certain activities relative to detentions/stops and warrantless arrests of individuals located with the geographical of the Easter District Court.  This Order would apparently cover cities located in the Central Valley such as Bakersfield, Fresno, and possibly Sacramento. 

As previously reported, ACLU and the UFW, including individual plaintiffs, filed a class action lawsuit seeking injunctive relief against the Border Patrol with reference to its tactics involving 78 individuals who were unlawfully detained and/or arrested in the Bakersfield area.  It was discovered, thereafter, that 77 of the 78 individuals did not have criminal or an immigration history that was known before their arrests.

The Court’s 88-page decision divided the plaintiffs into two separate classes: 

 One class called the “suspicionless stop class” and the second was a “warrantless arrest class”.  Under the “suspicionless stop class”, the injunction prevents the Border Patrol in the Eastern District to prohibit detentive stops by Border Patrol in this District without a pre-stop, individualized assessment of reasonable suspicion whether the person is (1) engaged in an offense against the United States or (2) is a non-citizen unlawfully in the United States. 

The second “warrantless arrest class” involves all persons who have been or will be arrested in the Eastern District by Border Patrol without a warrant and without a pre-arrest, individualized assessment of probable cause that the person poses a flight risk. 

The Court also agreed to appoint the ACLU as the class counsel representing the plaintiff individuals and the UFW. 

It should be noted that this injunction is different from many of the “nationwide” injunctions that have been issued recently against the Trump Administration on a variety of other immigration-related issues. 

Nevertheless, the injunction issued against the U.S. Border Patrol that requires periodic reporting and release of documentation to plaintiff’s counsel describing Border Patrol’s detentive stops and warrantless arrests within the district, including a directive setting forth the guidance given to Border Patrol agents concerning how they should determine whether “reasonable suspicious” exists when conducting detentive stops, including vehicle stops, only applies within the Eastern District Federal Court.  Furthermore, the Court’s Order requires that within 90 days of the issuance of the Order and every 30 days thereafter, all agents associated with the El Centro Sector and those who are charged with making detentive stops and warrantless arrests in the district have to be trained and provide such documentation to the plaintiff’s counsel. 

At the very least, this Court ruling should send an extremely strong message to the U.S. Border Patrol with regard to its manner of conducting detentive stops and searches of individuals’ homes. 

Looking for additional information, tips, and best practices on preparing for ICE and DHS actions, including I-9 audits? Join Western Growers in Fresno on May 15, 2025, for our ‘Get Ready for ICE: Essential Tips for Mitigating Risk’ seminar. Register now! 

 

[Article Source: Ventura County Agricultural Association—Thank you to Rob Roy, VCAA President/General Counsel for the use of this article.] 

Paul W. Crout of Helena Agri-Enterprises Joins WGCIT for Lunch and Learn

May 8th, 2025

The May Lunch and Learn event at the Western Growers Center for Innovation & Technology (WGCIT) featured an insightful conversation with Paul W. Crout, CCA, PCA, and the AGRIntelligence, Agronomy and Organics Manager for the Western Business Unit at Helena Agri-Enterprises, LLC (HAE).

Crout humorously notes that he holds the longest title at HAE and has dedicated 26 years to the agriculture industry. Prior to joining HAE, Crout managed vineyards in Paso Robles. He is a former chair of CAPCA and an alumnus of Cal Poly SLO and the California Ag Leadership program.

Founded in 1957, HAE is owned by a Japanese company that adopts a long-term perspective on business investments, recognizing the promising future of outdoor farming. HAE operates six hundred retail locations across the U.S. and is a pioneer and service provider for agricultural and professional markets both domestically and internationally. Helena stands out as one of America’s few retailers and distributors with expertise in formulation, research and development, precision technology, data solutions, professional application and manufacturing.

Discussing advancements in agricultural technology over the past decade, Crout highlighted the shift in costs for growers. Ten years ago, drones were prohibitively expensive, and foreign-owned companies were barred from owning commercial drones in the U.S. Today, drones are affordable, and their imaging technology is exceptional. When agtech startups introduce new technologies to HAE, “these introductions typically stem from personal relationships on the farm.” A farmworker often informs Crout about a solution, which he then presents to HAE headquarters in Memphis.

HAE offers a diverse range of products and services to growers. However, many products effective in the eastern, southern, or Midwestern regions of the U.S. may not be suitable for the Western division. Specialty crop farming and smaller acreage in the West necessitate different agtech applications. Crout emphasizes that technology is not doomed in the West; rather, decisions hinge on the cost of the product versus the return on investment.

Addressing the misconception that PCAs overuse pesticides to boost company profits, Crout clarified that PCAs earn revenue through services and overall plant health. They make minimal profit on pesticides, which are sold at margin. Many growers prioritize quality, uniformity, and field timing over yield increases, as these factors are crucial for moving their crops.

As the Organics Manager for HAE, Crout discussed organic, regenerative and biological farming practices. He explained that using biologicals requires preventive farming ahead of unseen issues, relying heavily on intuition and historic knowledge of the land. Organic farming involves additional steps compared to conventional farming, which many growers find time-consuming. Regenerative farming focuses on soil health but does not necessarily have to be organic.

Bipartisan House Members Reintroduce the Farm Workforce Modernization Act of 2025

May 8th, 2025

WASHINGTON, DC – U.S. Representatives Zoe Lofgren (D-CA-18), Dan Newhouse (R-WA-04), Mike Simpson (R-ID-02), Jim Costa (D-CA-21), David Valadao (R-CA-22), and Adam Gray (D-CA-13) reintroduced the Farm Workforce Modernization Act, H.R. 3227, which creates a workforce solution for America’s agriculture industry, one of the most critical sectors of the national economy.

The bill, which passed the House of Representatives with strong bipartisan support in the 116th and 117th Congresses, and introduced in the 118th Congress, updates the H-2A agricultural guest worker program and is a compromise solution that provides needed stability for farms and farmworkers.

“The men and women who work America’s farms feed the nation. However, in the past few years, we’ve seen labor shortages contribute to high food prices,” said Rep. Zoe Lofgren. “As economic chaos and confusion continues, it is essential we provide stability to this critical workforce. The Farm Workforce Modernization Act would do so, which will protect the future of our farms and our food supply. It is well-past time we get this bipartisan legislation twice passed by the House of Representatives to the President’s desk.”

“The workforce crisis has come to a boiling point for farmers across the country. Reintroducing the Farm Workforce Modernization Act sends a clear message to farmers that we are working hard to find solutions that ease the burdens brought on by the current state of the H-2A program. This legislation is necessary to lay the groundwork for continued negotiations, and I am committed to working closely with my colleagues to enact long-term, durable reforms to our agriculture guest worker programs. This issue has been, and remains, my top priority and unified Republican government is an opportunity to deliver for our farmers and ranchers,” said Rep. Dan Newhouse.

Background

The bill was negotiated over eight months in 2019 with input from farmers, agricultural stakeholders, labor organizations, and farmworker advocates. In December 2019, it became the first agriculture labor reform legislation to pass the House of Representatives since 1986. Since its passage, a bipartisan coalition of Members has continually been working to move the bill through the legislative process.

Why? Because farmers and ranchers across the United States are in desperate need of a high-quality, reliable workforce, farmworkers need a stable future, and the current H-2A guestworker program needs meaningful, bipartisan reform.

The bill:

  • Reforms the H-2A program to provide more flexibility for employers, while ensuring critical protections for workers.
  • Establishes a program for agricultural workers in the United States to choose to earn legal status through continued agricultural employment and contribution to the U.S. agricultural economy.
  • Focuses on modifications to make the program more responsive and user-friendly for employers and provides access to the program for industries with year-round labor needs.

Support

“Across America, farm workers are still going to work everyday to put food on our tables,” said UFW President Teresa Romero. “Yet even as they feed our nation, too many farm workers are living in fear and uncertainty. The farm workers who feed America have earned the right to call America home. This bipartisan, common sense legislation will create an opportunity for these workers to step out of the shadows and become full members of the society they feed.”

“With the reintroduction of the Farm Workforce Modernization Act, we thank Representatives Lofgren and Newhouse for their continued leadership on this important issue. During this legislative process, we implore Congress to provide much-needed updates to this bill to provide both immediate relief and long-lasting solutions for American agriculture. As always, we stand ready to engage with our elected officials on both sides of the aisle and in both houses of congress to develop legislation that can be signed into law,” said Western Growers’ CEO Dave Puglia.

“The workforce crisis is the most important issue facing agriculture in our country,” said Rep. Mike Simpson. “Supporting American agriculture means providing a stable, reliable, and legal workforce, and this legislative solution addresses one of the most pressing concerns our farmers and ranchers face. Now that we finally have an administration taking the border crisis seriously, Congress must address this issue and enact necessary reforms. It is well past time we solve this problem. I look forward to working with my colleagues and getting this critical legislation across the finish line to President Trump’s desk for his signature.”

“American agriculture depends on a reliable workforce and nowhere is that more true than in California’s San Joaquin Valley, where farmworkers are the backbone of our economy. This legislation is a common-sense, bipartisan solution that provides stability for our farmers and dignity for the workers who feed America. If President Trump is serious about fixing our broken immigration system, he should work with us to get this bill across the finish line,” said Rep. Jim Costa.

“Central Valley farmers are the backbone of our nation’s agricultural industry, but they continue to face serious challenges finding and retaining a reliable workforce,” said Rep. David Valadao. “The current H-2A program doesn’t meet the labor needs of many producers, but the Farm Workforce Modernization Act is a positive step to addressing our agriculture workforce needs and securing our food supply chain. Food security is national security, and I look forward to continuing to work with my colleagues on both sides of the aisle to find long-term solutions that support our farmers and strengthen our food supply chain.”

“Farm workers and the larger agricultural community are the backbone of the Central Valley’s economy,” said Rep. Adam Gray. “Labor shortages on our farms could lead to higher food prices across the country and the Valley cannot afford to be shorthanded. This commonsense bipartisan bill would stabilize our vital workforce and make sure Valley farmers can continue to feed families across the country.”

You can read the full press release here.

Documents:

Click here for a two-page summary of the bill.

Click here for a section-by-section outline of the bill.

Click here for the full text of the bill.

Contact:

[email protected] (Lofgren)

[email protected] (Newhouse)

DOL Issues Guidance on FLSA Independent Contractor Status

May 9th, 2025

Several lawsuits are currently pending in U.S. federal courts, challenging the legality of the Department of Labor’s (DOL) rule entitled Employee or Independent Contractor Classification Under the Fair Labor Standards Acti (“2024 Rule”), which outlines the framework for determining employee or independent contractor status under the Fair Labor Standards Act (FLSA).  

In the litigations, DOL has taken the position that it is reconsidering the 2024 Rule, including whether to rescind the regulation. Specifically, DOL states that it is currently reviewing and developing the appropriate standard for determining FLSA employee versus independent contractor status. Consistent with this position, DOL will no longer be applying the 2024 Rule’s analysis when determining employee versus independent contractor status in FLSA investigations. DOL will instead enforce the FLSA in accordance with its Fact Sheet #13 (July 2008), and as further supported by its Opinion Letter FLSA2019-6 with respect to any matters for which no payment has been made, directly to individuals or to DOL, for back wages and/or civil money penalties as of May 1, 2025.  

The DOL is, however, reserving its right to exercise enforcement authority in specific matters explicitly deemed appropriate by its Administrator, or designee, as an appropriate allocation of resources.  

According to the DOL, this updated guidance supersedes any contrary or conflicting guidance previously issued and until further action is taken, the 2024 Rule will remain in effect for purposes of private litigation and nothing in this FAB changes the rights of employees or responsibilities of employers under the FLSA (See Fact Sheet #13 (March 2024)). 

While this newly updated guidance provides updated considerations for independent contractor classification under the FLSA, it does not override California’s stricter state laws. Employers in California must continue to follow the state’s ‘ABC Test’ established under AB 5 and its subsequent amendments, which impose more stringent requirements for classifying workers as independent contractors.  

CPS Research Symposium Set for June 17-18 in La Jolla 

May 7th, 2025

Western Growers will be at the 2025 Center for Produce Safety (CPS) Research Symposium, taking place June 17-18 at the Hyatt Regency La Jolla. This year’s event will feature final research reports, master classes and industry panels highlighting the latest advancements in produce safety with expert-led discussions.  

De Ann Davis, Senior Vice President of Science, will join as a panelist, and Joelle Mosso, AVP of Science Programs, will serve as a discussion leader during the Pathogen Detection Methods and Microbial Tools session on Wednesday, June 18. 

As a platinum sponsor of this two-day event, Western Growers continues its commitment to advancing produce safety through science and collaboration. The symposium also offers networking opportunities with professionals from industry, government and academia. 

Event Agenda:  2025 CPS Research Symposium AGENDA 

Learn More: Our Events | Center for Produce Safety 

Sine Kerr Appointed as USDA State Director for Farm Service Agency in Arizona

May 6th, 2025

U.S. Secretary of Agriculture Brooke Rollins announced the latest slate of presidential appointments for key Farm Service Agency (FSA) roles, one of which includes former Arizona State Senator Sine Kerr.

“Kerr serves as State Executive Director for the Farm Service Agency in Arizona. Prior to joining USDA, Sine was first appointed, then elected to the Arizona State Senate serving from 2018 to 2025. She was Chairwoman of the Natural Resources, Energy, and Water Committee, where she dedicated her time championing legislation for the betterment and protection of agriculture,” according to a USDA press release.

In her new role, Kerr will oversee the implementation of federal farm programs and provide support to Arizona producers through FSA services, including disaster assistance, conservation programs and farm loans.

Click here to read the full press release.

Best Practices: Compensable Time – Donning and Doffing 

May 2nd, 2025

One of the costliest mistakes an employer can make is failing to pay compensable time in accordance with applicable local, state, and federal laws. Arizona law follows federal law under the Fair Labor Standards Act (FLSA) regarding compensable time such as defining the workday, the de minimis doctrine, pre- and post-shift activities (e.g., donning and doffing, security checks), waiting and on-call time.  California law is generally more protective than the FLSA when it comes to compensable time however both states require nonexempt employees to be paid at least minimum wage for compensable time. 

The time spent by employees putting on and taking off clothing, safety equipment and work-related gear is referred to as “donning and doffing.” The compensability of donning and doffing time under the FLSA depends on the circumstances.  Federal law typically applies an “integral and indispensable test” to the compensability of donning and doffing time 

Given the complexity and multi-factor nature of the “integral and indispensable test,” employers should consult counsel before making decisions concerning payment of donning/doffing and other preliminary or postliminary activities. Members with questions concerning donning/doffing and other preliminary or postliminary activities should contact Western Growers.  

Tips and Best Practices 

  • Review timekeeping and pay policies, looking specifically at any new pre-and post-shift or meal and rest break activities.  
  • Time existing pre-and post-shift activities to determine order, amount of time spent, and whether each is compensable.  
  • Determine when in the process of donning and doffing an employee will clock in and out. This should lead naturally to a determination of the most effective means of clocking in and out (e.g., stationary time clock, card reader, or electronically via computer or application). 
  • When using stationary time clocks, such as in a processing plant, employers should strategically position time clocks at easily accessible locations near where employees begin and end their work activities. 

PAGA Standing Requires Personal Labor Code Violation, Court Affirms 

May 2nd, 2025

In Williams v. Alacrity Solutions Group, LLC, the California Court of Appeal recently reaffirmed that a plaintiff bringing a representative action under the Private Attorneys General Act (PAGA) must personally suffer a Labor Code violation to have standing. 

Corbin Williams worked as an adjuster for Alacrity Solutions Group for approximately one week in 2019. He brought a PAGA-only lawsuit alleging that Alacrity failed to pay overtime and wage statement violations, on behalf of the State of California and other current and former employees in the one year prior to his PAGA notice – but critically, not on his own behalf. Alacrity demurred to the complaint, arguing that Williams arguing (1) his PAGA action was barred by the one-year statute of limitations, and (2) he lacked standing to assert a PAGA action. 

The trial court agreed, and the Court of Appeal affirmed. The court held that the statute of limitations is tied to the PAGA plaintiff’s individual claims, and that the PAGA plaintiff must bring a PAGA action by serving notice on the Labor Agency within one year of the last Labor Code violation he or she individually suffered. The court emphasized that under Leeper v. Shipt, Inc. 1, PAGA standing is limited to “aggrieved employees” those who have suffered at least one Labor Code violation. Because Williams failed to allege at least one timely “individual claim,” he lacked standing to proceed with a PAGA action, and the trial court properly sustained the demurrer. 

This case serves as a reminder that employers facing PAGA claims should examine not only whether a violation occurred, but also whether the named plaintiff actually experienced it during the requisite period. Lack of standing may be a viable threshold defense.  

Western Growers Joins Traceability Partnership – Call for Broader Industry Representation

May 27th, 2025

Western Growers has joined the Partnership for Traceability (PFT) to help drive greater coordination across the food industry as stakeholders continue to implement the FDA’s FSMA 204 food traceability rule. While progress is underway, challenges remain—particularly for fresh produce companies navigating complex and diverse supply chain requirements. The PFT is developing a shared, overarching vision for traceability across the supply chain in partnership with government and all sectors of the food industry to advance compliance, promote adoption of interoperable systems and provide implementation support.

Given FSMA 204’s impact across diverse stakeholders, broad representation is needed from all segments of the supply chain. Western Growers is working to ensure that fresh produce voices are heard, and we encourage others in the industry to consider joining this effort. If your company is facing traceability challenges or has ideas for solutions, please reach out to Sonia Salas at [email protected]

To learn more or if you are interested in joining the Partnership, visit the Join Now Webpage