Reagan-Udall Foundation Released New Summary Report on Produce Safety Dialogue 

July 29th, 2025

On Monday, July 28, 2025, the Reagan-Udall Foundation (RUF), released the Roadmap to Produce Safety: Summary Report of the Produce Safety Dialogue. The FDA commissioned report reflects input from over 170 stakeholders, including members of the produce industry, academia, regulators and consumer representatives. The report recognizes the need for risk-based produce safety and encourages a collaborative approach between stakeholders. 

The Western Growers Science team were key leaders in the RUF process that built this report. 

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U.S. DOL Relaunches its Payroll Audit Independent Determination Program

July 31st, 2025

On July 24, 2025, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced the return of its Payroll Audit Independent Determination (PAID) program, a voluntary initiative first introduced in 2018. The program allows employers to identify and correct inadvertent wage and hour violations under the Fair Labor Standards Act (FLSA) and now, leave violations under the Family and Medical Leave Act. 

The initial iteration of the PAID program provided a structured means for employers to self-audit and address FLSA compliance gaps related to minimum wage and overtime pay. By voluntarily disclosing these issues to WHD, employers could remedy back wage obligations without facing liquidated damages or civil monetary penalties, provided the violations were not willful or repeat offenses. After a period of suspension, WHD is now reviving the PAID program, signaling the Administration’s renewed focus on proactive compliance and employer accountability. 

A few key points to consider when it comes to the PAID program: 

  • No Impact on State or Local Laws:  
    • Participation in the PAID program does not affect employee rights under state or local laws.
  • The program has strict eligibility and certification requirements: 
    • Employers must apply and receive WHD approval to initiate a self-audit under PAID and certify they have not participated in PAID within the last three years. 
    • Employers must have no prior FLSA violations or pending litigation within the last three years and must certify they are not under current WHD investigation. 
    • Employers must disclose any recent employee complaints to WHD concerning the practices at issue. 
  • Other Important Considerations: 
    • PAID has expanded its scope to include self-audits for certain FMLA violations. 
    • Employers must disclose their company name and the name of the person reaching out as part of the certification process. 
    • Form settlement documents will be issued by DOL, with payment confirmation required within 15 days. 
    • Settlement releases will be limited to identified violations and specific time periods, and WHD may not supervise payments or provide releases for state law violations. 

What Does it Mean 

The revised PAID program enables eligible employers to self-audit and resolve certain FLSA and FMLA violations, provided they meet strict eligibility criteria, disclose relevant information to WHD, and follow prescribed settlement procedures.  

However, voluntary participation is not without risk. Most notably, releases and settlements under the PAID program will be limited in scope and may have no impact on an employee’s ability to file a claim under state or local law based on the same core facts. There is also potential risk for employers who meet eligibility requirements but are ultimately declined participation; all potentially harmful facts that have been disclosed to the WHD may impact the company’s ability to address corrections quietly. The merit of the program  for the disclosure of potential FMLA violations, which have not historically been a WHD focus, is even less certain. While the potential to use the program to proactively mitigate a class action wage & hour complaint is arguably worth considering, such collective actions in the FMLA context are virtually non-existent, such that the benefits of a voluntary disclosure program are questionable at best.  

Given the complexity of the requirements and the potential legal ramifications of self-reporting and remediation, employers are strongly advised to consult with legal counsel before participating in the revised PAID program.  

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Federal OSHA Announces Expanded Voluntary Protection Programs 

July 31st, 2025

On July 24, 2025 the federal Occupational Safety and Health Administration (OSHA) announced the expansion of its Voluntary Protection Programs (VPP), which seek to encourage more businesses—especially those in high-risk sectors like agriculture—to adopt proactive safety and health management practices. For agricultural employers this news brings both opportunities and important considerations. 

OSHA’s VPP recognizes worksites that implement effective safety and health management systems and maintain injury and illness rates below national averages for their industries. Participating employers undergo a rigorous application process and commit to ongoing self-evaluation, worker involvement, and continuous improvement in workplace safety. The program’s expansion includes providing technical assistance, guidance, and resources to employers seeking to enhance their health and safety protocols.  

Additionally, OSHA’s On-Site Consultation Program offers free, confidential advice to small and mid-sized businesses, helping them identify workplace hazards and improve safety practices. On-Site Consultation services are separate from departmental enforcement efforts and, according to OSHA resources, do not result in penalties or citations. Consultants from local agencies or universities work with employers to identify workplace hazards, provide advice for compliance with OSHA standards, and assist in establishing and improving safety and health programs. 

What Does it Mean 

Participation in OSHA sponsored voluntary compliance programs can result in enhanced safety benefits for agricultural employers by helping to reduce workplace injuries and illnesses, promote a culture of safety, and enhance employee morale—critical factors in an industry where workers often face unique and hazardous conditions. VPP participants must be re-evaluated every three to five years to remain in the program and are exempt from OSHA programmed inspections while they maintain their VPP status. 

However, while these benefits are compelling, the opportunities are not without obligation or potential impact. VPP participants must be prepared for thorough evaluations, potential changes to their safety protocols, and a sustained commitment to OSHA’s safety benchmarks. And while the On-Site Consultation Program offers a proactive opportunity to address safety issues, employers must also consider the program’s scope and how consultation findings might impact future regulatory oversight. 

A few key steps to consider before committing to a government sponsored voluntary safety program: 

  • Review OSHA’s resources and guidelines (important links provided above). 
  • Conduct an internal assessment of current safety practices and identify potential gaps. 
  • Given the regulatory complexities and potential long-term implications of participating in government-sponsored safety programs, it is strongly recommended that you consult with legal counsel before enrolling in any voluntary initiatives. 

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DOL to Pause Collecting H-2A Certification Fees

July 31st, 2025

On July 31, 2025, the U.S. Department of Labor (DOL) announced that it will temporarily suspend the collection of certification fees for the H-2A temporary agricultural worker program. This suspension, which will take effect August 30, 2025, is intended to give the DOL’s Office of Foreign Labor Certification (OFLC) time to transition from paper-based fee collection to an electronic payment system. Importantly, this suspension is temporary and does not represent a permanent policy change. 

Background 

Under current rules, H-2A employers must pay a certification fee of $100 per certification plus $10 per worker, up to a maximum of $1,000. These payments are submitted by check or money order following certification. With the issuance of Executive Order 14247 earlier this year, the federal government is moving toward fully electronic payments, requiring agencies to eliminate paper check processing. 

Impact of the Suspension 

For certifications issued on or after Aug. 30, employers will not receive invoices and will not owe certification fees until the electronic payments system is implemented. Employers with invoices issued prior to that date must still pay those invoices on time. 

The suspension will remain in effect until DOL announces the resumption of collections once electronic payment systems are in place. This modernization effort is aimed at reducing administrative burdens for employers and increasing efficiency in the certification process. 

Western Growers will continue to monitor and provide updates on the implementation of electronic fee payments for H-2A certifications. 

For questions about the certification fee change or the H-2A program in general, contact the Western Growers H-2A Services team. 

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State Department Narrows Interview Waiver Eligibility – Impact on H-2A Processing

July 31st, 2025

On July 25, 2025, the U.S. Department of State announced changes to its interview waiver policy for nonimmigrant visas. Effective September 2, 2025, far fewer visa applicants will qualify for an interview waiver. 

Impact on H-2A Processing 

Although the update does not specifically address the H-2A program, the practical effect is clear: H-2A workers will generally be required to appear in person for a consular interview. With the reduced scope of interview waivers, most H-2A visa applications will no longer be able to bypass this step. 

This change will likely slow processing times for H-2A visas as consular resources are redirected to handle a larger volume of in-person appointments. Even applicants who may otherwise appear eligible for a waiver can still be called in for an interview at the discretion of a consular officer. 

Key Takeaways for H-2A Employers 

  • Expect that most H-2A workers will need an in-person interview before a visa can be issued. 
  • Plan ahead for possible visa issuance delays caused by reduced waiver availability. 
  • Build extra time into your recruitment and onboarding schedule. 
  • Closely monitor consulate appointment availability and processing trends in worker source countries. 

Western Growers will continue to track how these changes impact the timely arrival of H-2A workers. 

For questions about the change in H-2A interview requirements or the H-2A program in general, contact the Western Growers H-2A Services team. 

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State Water Board to Host Second Statewide Agricultural Expert Panel Kick-Off Meetings in August

July 30th, 2025

The California State Water Resources Control Board (State Water Board) will convene the Second Statewide Agricultural Expert Panel with two upcoming meetings scheduled for:

Friday, August 8, 2025
Thursday, August 14, 2025

Time: 10:00 a.m. to 4:00 p.m.
Location: Sacramento (in-person) and via Zoom

The kick-off meeting on August 8 will focus on evaluating data currently collected through the State’s Irrigated Lands Regulatory Program (ILRP) and reviewing the approaches adopted in the statewide Order. This is a key opportunity for growers to participate, share insights and highlight unique farming practices relevant to their regions.

The August 14 session will feature expert presentations on ILRP implementation and an overview of available data sources.

Both meetings are open to the public and are designed to encourage open, transparent dialogue on agricultural water quality challenges and progress.

Grower participation is strongly encouraged. Your input helps shape effective and locally responsive policies that support both agricultural viability and water quality protection.

DETAILS:

Friday, August 8, 2025
10 a.m. to 4 p.m.
Coastal Hearing Room – Second Floor
Joe Serna Jr. – CalEPA Building
1001 I Street, Sacramento

To participate virtually via Zoom or by phone, registration is required in advance. If you prefer to call in, a phone number will be provided upon registration. Please register at: https://csus.zoom.us/meeting/register/OByBNEZ5TGmtR2tZV3C9tg

Thursday, August 14, 2025
10:00 a.m. to 4:00 p.m.
Sacramento State University Downtown Campus
304 S Street, Sacramento
Room DRN 104/105

To participate virtually via Zoom or by phone, registration is required in advance. If you prefer to call in, a phone number will be provided upon registration. Please register at: https://csus.zoom.us/meeting/register/gwBswe6sROKv2aEmYkY_2A

For more details, you can read the full notice here.

 

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New Voices of the Valley: Four Generations of Farming with the Talleys

July 29th, 2025

In this episode, we sit down with Grant and Elizabeth Talley — fourth-generation farmers from one of California’s most respected agricultural families. From vineyards to vegetable fields to grass-fed beef, the Talley’s are carrying forward a legacy that began in 1948 in the Arroyo Grande Valley. Hear how they’re honoring family traditions, embracing innovation and educating the next generation — all while growing the food and wine that nourish California and beyond. This episode offers a heartfelt look into the life of a modern farming family.

Listen to the full episode here.

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Western Growers Announces Groundbreaking Food Safety Memorandum of Understanding with the U.S. Food and Drug Administration

July 28th, 2025

IRVINE, CALIF. (July 28, 2025) – Western Growers (WG) and the U.S. Food and Drug Administration (FDA) have signed a Memorandum of Understanding (MOU) to improve proactive, science-based food safety standards focused on prevention of outbreaks and the protection of public health.

The MOU creates a data-sharing pilot project focused on fresh produce food safety data. This project will use Western Growers’ proprietary GreenLink® food safety data-sharing platform. The MOU also establishes a broader framework for ongoing data sharing between WG and the FDA.

“We are building partnerships to increase data sharing between FDA and the industry. In fact, one of the first actions I took as Deputy Commissioner was signing an MOU with the Western Growers Association, which creates a novel data sharing program including pathogen testing results,” said Kyle Diamantis, Deputy Commissioner for Human Foods at FDA. “With these data, the FDA can identify the factors that might contribute to contamination, such as land use surrounding the farm, the age and condition of equipment, and how produce is transported.

“This information is critical to focusing our collaborative efforts with growers on practices that are the most effective in reducing risk. We see these collaborations as more than just simply delivering a certain goal like data sharing or conducting a root cause analysis. These are the beginning of what we hope is a long-term relationship with industry that is built on trust and can help prevent outbreaks.”

Drawing on successful data-sharing programs in other areas, such as the FDA’s seafood safety initiative, this effort aims to create a sustainable model that protects public health by advancing food safety knowledge, fostering preventive food safety behaviors, supporting resource management for public health agencies and minimizing supply chain disruptions.

“This partnership marks a significant step forward in advancing food safety knowledge, promoting preventive measures and strengthening public-private collaboration,” said Sonia Salas, AVP of Food Safety & Regulatory Affairs at Western Growers.

The goal of this collaboration is to create opportunities for the FDA and WG to foster a better understanding of safe practices in the growing, harvesting, packing and holding of fresh produce. It is aligned with the FDA’s goals in the new Reagan-Udall Foundation’s Roadmap to Produce Safety, which advocates for a shared responsibility approach to food safety and structured, stakeholder-led collaborations.

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Nominations Open the Door for Resumption of NLRB Operations

July 25th, 2025

As discussed here, the January firing of the National Labor Relations Board (NLRB/Board) Chair Gwynne Wilcox left the NLRB one member short of its requisite quorum of at least three members. However, recently announced nominations are expected to enable the Board to once again function at full capacity.  

The NLRB is the administrative entity responsible for deciding cases brought under the National Labor Relations Act (NLRA) and for reviewing decisions by lower-level administrative law judges. The Administration’s nominations are a critical step toward ensuring that the NLRB can begin handling its current caseload backlog and move toward making timely decisions on labor disputes. Nominees Scott Mayer and James J. Murphy have extensive labor relations backgrounds with Murphy recently serving as acting chief counsel to the current NLRB chair, Marvin Kaplan.  If confirmed, the Board will operate under a GOP majority; at least until late August 2025 when the current Chair’s term will expire.  

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NLRB Clarifies Its Position on Secret Recordings

July 25th, 2025

The National Labor Relations Board (NLRB) recently issued two memoranda clarifying the agency’s position on surreptitious recordings made by employees in the workplace, and during collective bargaining sessions. The memoranda address the general treatment of secret recordings under the National Labor Relations Act (NLRA).  

The NLRB has long held that overly broad workplace policies that categorically prohibit recordings are likely unlawful under the NLRA. Generally, employees are typically permitted to make audio or video recordings while engaging in Section 7 activity, such as documenting workplace concerns or potential retaliation. However, these protections are not absolute.  

An employee may lose protection under the NLRA if their conduct surrounding the recording is deemed egregious. Factors that may strip an employee’s actions of NLRA protection include: 

  • Violation of state law or explicit employer policies prohibiting unauthorized recordings (See below). 
  • Recordings that target coworkers (as opposed to supervisors or managers), thereby implicating the privacy and rights of other employees. 
  • Conduct deemed “egregious” or grossly inappropriate under the circumstances. 

Regarding collective bargaining, the memoranda concludes that the surreptitious recording of bargaining sessions constitutes a per se violation of the duty to bargain in good faith under Section 8 of the NLRA, regardless of the party’s intent or other circumstances. This position is grounded in the longstanding NLRB precedent that the insistence on recording negotiations is a permissive, but not mandatory, subject of bargaining that may not be used to stifle the bargaining process. 

As noted above, employers must also take into consideration state law restrictions when it comes to allowing or limiting surreptitious recording.  

For example, California is a two-party consent state, meaning it is a criminal offense to use any device to record communications, whether they are wire, oral, or electronic, without the consent of everyone involved in the conversation. In contrast, Arizona is a one-party consent state. This means that it is legal to record a conversation as long as one party involved in the conversation consents to the recording. This applies to wire, oral, and electronic communications. However, recording in Arizona workplaces is not allowed if there is a reasonable expectation of privacy, such as in private places like bathrooms or locker rooms. 

In summary, while employees may engage in protected activity by making recordings, there are significant limitations, especially when it comes to violating state laws, employer policies, the privacy rights of coworkers and collective bargaining. Employers should ensure their current privacy-related policies and procedures reflect the NLRB’s updated guidance on the general treatment of secret recordings under the NLRA and applicable state laws. 

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Fed OSHA Updates Guidance on Penalties for Small Businesses 

July 25th, 2025

The U.S. Department of Labor has updated its guidance on penalty and debt collection procedures, in its Occupational Safety and Health Administration’s Field Operations Manual in an effort to minimize the burden on small businesses and increase prompt hazard abatement. In announcing the update, Deputy Secretary of Labor Keith Sonderling commented that, “[s]mall employers who are working in good faith to comply with complex federal laws should not face the same penalties as large employers with abundant resources.”  

The new policy, as outlined in the Penalties and Debt Collection section of the manual, increases penalty reductions for small employers, making it easier for small businesses to invest resources in compliance and hazard abatement. For example, a penalty reduction level of 70%, which was previously only applicable for businesses with 10 or fewer employees, will now be expanded to include businesses who employ up to 25 employees. The revisions also include new guidelines for a 15% penalty reduction for employers who immediately take steps to address or correct a hazard. 

Additionally, the updated policy expands the penalty reduction for employers without a history of serious, willful, repeat, or failure-to-abate OSHA violations. Under OSHA’s revised policy, employers who have never been inspected by federal OSHA or an OSHA State Plan, as well as employers who have been inspected in the previous five years and had no serious, willful, or failure-to-abate violations, are eligible for a 20% penalty reduction. 

The new policies are effective immediately. Penalties issued before July 14, 2025, will remain under the previous penalty structure. Open investigations in which penalties have not yet been issued are covered by the new guidance. 

OSHA retains the right to withhold penalty reductions where penalty adjustments do not advance the goals of the Occupational Safety and Health Act. 

In light of these changes, employers should consider taking the following next steps: 

  • Evaluate and Enhance Safety Protocols: Conduct a thorough review of current safety protocols and identify areas for improvement. Implementing enhanced safety measures not only helps in qualifying for the 15% penalty reduction but also ensures a safer working environment. 
  • Develop a Comprehensive Training Program: Invest in a comprehensive training program for employees to ensure they are well-informed about safety regulations and recommended best practices. Taking a proactive approach can help in maintaining a clean safety record, making the company eligible for the 20% penalty reduction. 
  • Establish a Regular Inspection Schedule: Set up a regular inspection schedule to identify and address potential hazards promptly. This proactive measure can help the company qualify for increased penalty reductions and demonstrate a commitment to maintaining a safe workplace. 

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Don Cameron Testifies on Ag Innovation at House Ag Committee Hearing

July 24th, 2025

At Tuesday’s House Agriculture Committee hearing titled “Past Breakthroughs and Future Innovations in Crop Production,” Don Cameron, Vice President and General Manager of Terranova Ranch Inc. and Western Growers Board Member, delivered testimony highlighting the challenges and opportunities facing agriculture on the front lines of food production.

Cameron was introduced by Rep. Jim Costa (D-CA), a senior member of the Committee, who described him as “the full package” when it comes to agriculture. In his remarks, Cameron outlined the mounting economic pressures on growers and called for greater federal investment in crop protection tools and research, including biologicals and integrated pest management strategies. He also voiced support for the IR-4 Project, and stressed the need for science-based, streamlined regulatory processes at both the U.S. Department of Agriculture (USDA) and Environmental Protection Agency (EPA) to help accelerate the adoption of safe, effective innovations.

Chairman Glenn “GT” Thompson (PA-15) echoed that call for science-driven progress during his opening statement, noting that “American agriculture has become the envy of the world because we have embraced science, technology and a commitment to progress.” He warned that overly burdensome regulations could stifle innovation. “When innovators face confusion about which agency has jurisdiction, or when reviews take years with no clear rationale, we risk falling behind global competitors who are moving faster to deploy the tools of tomorrow,” Thompson said.

You can read Don Cameron’s full testimony below.

Testimony of Mr. Don Cameron

VP and General Manager of Terranova Ranch, Inc.

House Committee on Agriculture

Past Breakthroughs and Future Innovations in Crop Production

July 22, 2025, 10:30 a.m. ET

 

Introduction

Chairman Thompson, Ranking Member Craig, and members of the committee, it is an honor to be invited here today to help inform the important decisions you have been elected to make on behalf of U.S. agriculture for the food security of this nation.

My name is Don Cameron. I am Vice President and General Manager of Terranova Ranch in Helm, in the Central Valley of California. We farm over 25 different crops with 6,000 acres of our own production and 1,500 custom farmed for other clients. We grow a mix of conventional and organic crops including processing tomatoes, peppers, onions, corn, walnuts, wine grapes, almonds and pistachios. I have served in various agricultural leadership capacities throughout my career as a farmer including President of the California State Board of Food and Agriculture which advises the California Secretary of Agriculture and the Governor on agricultural issues and am also a board member of Western Growers Association.

State of Play

Today, we are here to talk about innovations in crop production including crop protection tools, so I’d like to spend just a moment talking about the current state of play.

Farmers are in the business of providing healthy, nutritious food. The ever-increasing cost of inputs; seed, water, energy and labor make for thin margins without room for error. To ensure my livelihood and that food arrives at your grocery store, restaurants, and schools, I must protect my crops from pests and disease. I can assure you, with all the costs of doing business and its associated regulatory burdens, farmers don’t have slush funds to waste on crop inputs that are not necessary. We look for ways to minimize what we use, which is how we have always handled the issue of crop protection. As a farmer, I’m aware of consumer apprehension about the use of pesticides and in turn retail grocery stores and restaurants who have been sensitized to the issue. As a father and grandfather, I am sympathetic to consumer concerns when hearing about pesticides in the media. I would like to note that the most extreme version of stories often gets the most attention, so I appreciate the opportunity to discuss this issue and how we can best support farmers and provide consumers with access to fresh, affordable, and safe food.

Sometimes we look past the fact that pesticides are regulated by the EPA with support from USDA, FDA, and state agencies to ensure that they are safe for human health and the environment under their intended use using scientific data. The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) mandates rigorous risk assessments to determine any associated risks and the necessary mitigation measures that must be taken before a product can be registered and applied. EPA also establishes residue limits or tolerances and tests for them regularly to ensure the safety of the food supply and has a “reasonable certainty” of no resulting harm from any pesticide residue.

Pesticides play a vital role in our food system, helping farmers protect their crops from destructive pests that threaten both yield and quality. An economics study by the California Department of Food and Agriculture’s Office of Pesticide Consultation and Analysis (CDFA OPCA) highlighted the real-world consequences of limited pest control options, revealing that in 2023 California cotton farmers lost $40.9 million due to an outbreak of Lygus bugs on Pima cotton—a loss directly linked to the lack of any effective tools to manage just one pest.

This example underscores the broader challenge faced by fruit and vegetable growers who must meet a high standard of quality demanded by consumers. In today’s culture, where shoppers often bypass slightly blemished produce in favor of perfect-looking fruits and vegetables, the pressure on farmers to deliver flawless crops is immense. To support both consumer expectations and public health goals centered around nutritious diets, a full range of innovative crop protection tools, including pesticides, is essential to ensure the reliable production of appealing, high-quality fresh produce.

Grower Innovation

Growers have been investing in crop innovations for a long time and are making great strides to reduce reliance on traditional pesticides, increase crop resilience, and diversify with innovative technologies. Farmers are utilizing integrated pest management (IPM) methods to manage pests while minimizing risks to people, property, and the environment, introducing predatory insects, precision agriculture, leveraging crop breeding and genetics to develop plants resistant to pest and disease pressures, laser weeding, autonomous equipment and more. As you know, farmers are pragmatic and continually adapt and improve to survive, but much more can be done to support the industry in these efforts including research and support for novel technologies.

It should come as no surprise that growers must ascertain very quickly which crop protection tools work and which don’t. With razor-thin margins, we can be reluctant to make a switch from something that we know works, to a new product or technology that is unproven. Efficacy concerns, costs associated with retrofitting equipment or unique handling requirements such as refrigeration, and the need for increased applications are all things to be considered. Biologicals are new technologies and growers are less familiar with them and will need additional technical guidance and incentives to take the leap. Proving something in a research lab is far different than in an open field, so we need to get more biologicals in the hands of growers to test it themselves and see what works best. We also see a strong need for resources to help evaluate and trial these products for efficacy on farm, getting the necessary data for broader grower buy-in.

The Trump Administration’s recently released the Make America Healthy Again (MAHA) report which in part seeks to address consumer apprehension to potential exposure to some pesticides. We see this spotlight on healthy food as an opportunity to spur collaborations toward innovative tools to address concerns while cultivating a viable future of domestically produced fruits and vegetables safeguarded from pests and diseases. With the committee’s leadership and oversight on the issue, innovations in crop production can help growers continue to provide healthy, nutritious foods for Americans.

USDA Opportunities

The US Department of Agriculture has the opportunity to lead the acceleration of developing novel crop protection tools. Biological products are one of the fastest growing segments of the pest control market and America should be seen as a leader of research and development for crop protection. This committee recognizes the IR-4 Project as a key resource for the specialty crop industry and we support increased funding to enable its continued work with novel crop protection technologies for specialty crops, including biological products. Relatedly, the IR-4 Project used to partner with the US Environmental Protection Agency (EPA) on a Biopesticide Demonstration Grant Program to coordinate the trials and promotion of the use of biopesticides; this program should be reinvigorated. I also encourage an increase in research grants specific to next generation crop protection tools specifically targeted at pests that are the greatest threat to our food supply. USDA’s Office of Pest Management Policy also stands to be a leader in new technologies, and we encourage increased funding for this vital team.

US EPA Opportunities

While the scope of the committee’s jurisdiction over EPA is limited, I think we can agree that EPA’s impact on agriculture cannot be overlooked, and we appreciate the committee’s attention to this issue. Given the complicated balancing act of agricultural pesticide use, I encourage EPA’s increased engagement with biological registrants to facilitate knowledge sharing in two ways: EPA educating smaller innovative biological companies with an understanding of the registration process, and EPA providing opportunities for innovators to share the latest tools and techniques for their ongoing awareness- both are necessary to shorten the lengthy timeline for innovative tools.

EPA staffing issues also impact the ability to move applications through the registration process in a timely fashion. First, there simply aren’t enough EPA staff to keep up with the workload, a key reason EPA has described as the hurdle to finalizing registrations. Second, the staff being hired are not as familiar with biotechnology as they are often grounded in conventional products. Growers appreciate recent announcements from the EPA related to staffing priorities and we support increasing staff who can focus on biological registrations.

The EPA has a unique opportunity to lead beyond its own federal agency. US growers are impacted by multiple levels of pesticide regulations and pest pressures, and we look to the EPA to engage both domestically and globally. For those of us in California, where about half of the US production of nutritious fruits and vegetables are grown, an additional registration and reporting process is required by California’s Department of Pesticide Regulation (DPR). DPR has a shared interest with the EPA in advancing biological crop protection technology. The dual registration requirement processes, however, run counter to a swift development of next generation products such as biologicals and provide a concurrent registration process. I encourage EPA to dialogue with DPR to collaborate on this shared goal and develop an MOU to guide sustainable crop protection tools in the hands of growers at a rapid pace.

Closing

As I close, it is my hope that through conversations like this and through your leadership, we can pave the way for America to lead in these innovations and by so doing, continue to produce healthy food long into the future.

Thank you again for the opportunity, I look forward to your questions and to this important discussion today.

Tuesday’s full witness list included:

Mr. Don Cameron, Vice President and General Manager, Terranova Ranch, Inc., Helm, Calif.
Mr. Terry Abbott, Chairman, Council of Producers and Distributors of Agrotechnology (CPDA), Lakewood, Colo.
Dr. Karl Wyant, Director of Agronomy, Nutrien, Tempe, Ariz.
Mr. Bryan Witherbee, Chief Executive Officer, Agragene, Inc., St. Louis

 

 

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Appendix S for Harvesting Equipment Cleaning and Sanitation Now Available

July 23rd, 2025

Western Growers, the California and Arizona Leafy Greens Marketing Agreements (LGMA), Factor IV solutions, and Food Safety CTS, collaborated on developing the new LGMA Approved Appendix S: Harvest Equipment Cleaning and Sanitation. The Appendix S supports the implementation of Issue 8 in the LGMA Metrics. 

Appendix S provides detailed, practical procedures for cleaning and sanitizing harvest equipment involved in leafy green harvest operations.  

Key highlights from Appendix S include: 

  • Hygienic Design Requirements for new and existing harvest equipment 
  • Master Sanitation Schedule (MSS) templates and planning tools 
  • 7-Step SSOPs for daily cleaning and sanitizing of harvest machinery 
  • Periodic Equipment Cleaning (PEC) protocols for hard-to-reach or niche areas 
  • Verification Methods, including visual inspections, ATP swabbing, and microbial testing 
  • Guidance on PPE, sanitation tools, and chemical use with concentration verification 

Find appendix S here: Appendix S – Harvest Equipment Cleaning and Sanitation – 5/12/2025

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Cultivating Leadership in Agriculture: What Does Leadership Mean to You?

July 21st, 2025

Strong leadership is vital to the success and resilience of California’s agriculture industry—but what leadership traits matter most to those working within it? University of the Cumberlands is conducting a new study to explore how agricultural leaders across California perceive the value of specific leadership behaviors.

Whether you’re in production, processing, policy, research, education or advocacy, your voice will help shape the future of agricultural leadership in California.

If you are an agricultural leader in California your perspective is crucial: take the survey.

This survey is completely anonymous and takes no more than 20 minutes.

If you are interested in exploring leadership in agriculture, learn more about the California Ag Leadership Foundation.

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Improving Economics through Sustainability: Field Day at Braga Fresh, August 26

July 21st, 2025

Join us for Improving Economics through Sustainability field day on Tuesday, August 26, 2025 at the Braga Barn in Soledad, California from 8:30-12:30. Lunch will be provided. An optional afternoon add-on includes a field visit to Dole Ranch for the Dole cover crop study. See the event agenda here.

Economic sustainability is a critical component to building resilient and profitable sustainable farming systems. Incorporating sustainability on-farm often requires upfront investment in new technologies, practices or crop management systems. Improving economics through sustainability can support growers to make informed decisions when considering making changes to farming operations. This field day will showcase tools and case studies that demonstrate how operations can improve economics through sustainability.

Braga Fresh will discuss the novel approach and costs associated with transitioning to and maintaining regenerative practices on-farm for cool season vegetable crops. WWF will demonstrate a simple, easy-to-use Global Farm Loss Tool to help growers to measure and work with their buyers to sell surplus produce that is otherwise lost. Western Growers will show the results of in-depth case studies with real grower data on the costs and savings associated with the Stout Smart Cultivator and the GUSS autonomous aerial spray system. Wilbur Ellis and the California Marine Sanctuary Foundation will provide an overview of their CDFA Healthy Soils Project comparing outcomes from strategic nutrient application regimes. Dole will share success stories and tips for creating sustainability engagement at the leadership, operating under a tight budget and growing your sustainability support team.

Spots for this event are limited, learn more about the field day and register here.

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Where to find Western Growers at IAFP 2025 

July 21st, 2025

Planning to attend IAFP 2025 in Cleveland? Western Growers staff will be active throughout the conference. Here’s a quick guide to where you can find us and join the conversation on the future of food safety. 

Sunday July 27th  

  • Data Management and Analytics PDG (3:00 -4:30 pm ET): Gustavo Reyes, incoming Vice-Chair  

Monday July 28th  

  • RT8: Career GPS: Guiding Your Professional Journey (1:30 – 2:30 pm ET): Gustavo Reyes, Panelist 
  • S13: Outbreaks Linked to Cantaloupe: Improving Food Safety and Protecting Public Health (1:30 – 3:00 pm ET): Sonia Salas, Speaker 
  • S17: The Tortuous Tangle of Water Regulations for Fresh Produce: Strategies to Navigate (3:45 – 5:15 pm ET): Sonia Salas, Presenter 

Tuesday July 29th  

  • RT16: Decoding Regulatory and Public Health Uses of WGS: What Food Producers Should Know (10:45 – 12:15 pm ET) – Joelle Mosso, Panelist 
  • RT19: Trusted Data Sharing: Collective Learning for Food Safety Insights (1:30 – 3:30pm ET) De Ann Davis, Panelist 

Wednesday July 30th 

  • RT24: Microbiome and Metagenomic Data are Cheap and Detailed: What Now? (10:45- 12:15 pm ET): Joelle Mosso, Panelist 

Food Safety Innovation Award: 

Join us during the IAFP Banquet and Award Ceremony (Wednesday July 30th) as Western Growers is honored with the Food Safety Innovation Award for our work on the GreenLink® platform. The award recognizes WG’s efforts to advance trusted data sharing and proactive food safety solutions across the fresh produce sector. 

We invite you to connect with our team and engage in meaningful discussions. See you at IAFP 2025.

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New Edition of Form I-129 Required for Visa Petitions Starting July 30

July 17th, 2025

USCIS has announced that beginning July 30, 2025, it will only accept the 01/20/25 edition of Form I-129, the form used to petition for certain nonimmigrant worker classifications, including H-2A and H-2B visa categories. 

Although there are no substantive changes between the new 01/20/25 edition and the prior 01/17/25 version, petitioners must use the updated form to avoid rejection. The edition date can be verified by checking the bottom left corner of the form and its instructions. 

USCIS will continue accepting the previous version only through July 29, 2025. After that date, petitions filed with the older version will not be accepted. 

What this means for employers:
H-2A employers and others who submit Form I-129 on behalf of agricultural workers should immediately begin using the 01/20/25 edition to prevent any processing delays. Always download the latest version of the form directly from USCIS.gov prior to filing. Staying current with required forms helps ensure timely petition approval and avoids unnecessary rejections. 

If you have any questions about the new Form I-29, please contact the Western Growers H-2A Services team. 

For information about Western Growers H-2A Services, contact [email protected].  

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California Civil Rights Council Approves Employment-Related Antidiscrimination AI Regulations 

July 17th, 2025

The California Civil Rights Council has just received final approval for a comprehensive set of regulations governing the use of AI and “automated-decision systems” in employment. The regulations clarify that employers must not use AI and automated-decision systems in a manner that would discriminate against applicants or employees based on protected characteristics. 

Automated-decision systems are defined in the regulations as any “computational process that makes a decision or facilitates human decision making regarding an employment benefit.” This includes any process that is “derived from and/or uses artificial intelligence, machine-learning, algorithms, statistics, and/or other data processing techniques.” 

The regulations make clear that it is unlawful for an employer to use an automated-decision system or other selection criteria that discriminates against applicants or employees on a basis protected under the California Fair Employment & Housing Act or other state antidiscrimination laws (e.g., race, religion, sex, national origin). An example of discriminatory use in recruiting could be an AI system that screens out resumes with names that are perceived to belong to a particular ethnic group. The regulations will go into effect October 1, 2025.  

To prepare for compliance under the new regulations, employers should consider the following: 

  • Assess companywide use of AI and automated-decision systems to understand their current applications. 
  • Conduct regular audits of AI applications/systems to identify and mitigate any biases or other unintended consequences.  
  • Examine the effects of current AI applications/functions specific to human resources and recruiting practices. For example, is AI being used to assist in resume review, creating interview questions, or managing performance evaluations. If so, how are these processes being impacted?   
  • Ensure the company has created and distributed a comprehensive AI Use Policy to all employees.  
  • Train all employees on the ethical use of AI and the company’s AI Use Policy. 
  • Establish a review process for AI decisions affecting employment outcomes.  

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Federal Judge Restricts ICE Enforcement Tactics in Southern California 

July 17th, 2025

On July 11, 2025, a federal judge in Los Angeles issued a temporary restraining order (TRO) that curtails how U.S. Immigration and Customs Enforcement (ICE) may conduct immigration enforcement in Southern California. The order comes in response to allegations that ICE agents had been engaging in “roving patrols” and unlawfully detaining individuals based on race, language, or occupation. 

The TRO applies specifically to the Central District of California, covering the counties of Los Angeles, Orange, Ventura, Santa Barbara, San Bernardino, Riverside, and San Luis Obispo. The court found that ICE’s recent practices—particularly detentions at public locations such as bus stops, car washes, and day labor sites—may have violated constitutional protections against unlawful searches and seizures. 

The order prohibits ICE agents in these counties from stopping or detaining individuals based solely on appearance, speech, or location without individualized suspicion. It also mandates that detainees must be provided access to legal counsel seven days a week, including private and confidential attorney consultations. 

Following the ruling, the Trump administration filed a request with the courts seeking to suspend the TRO, arguing that ICE’s enforcement practices were lawful and necessary. That request is pending, and a full hearing is expected in the coming weeks to determine whether the TRO will be extended or lifted. 

What this means for employers:
Agricultural employers in the affected counties should review their existing protocols for managing on-site interactions with ICE agents. The TRO limits ICE’s authority to initiate stops without reasonable suspicion and reinforces the right of detained individuals to legal representation. Employers should be prepared to direct workers to appropriate legal resources and ensure that any encounters with ICE are documented in accordance with company procedures. 

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Farmworker Strike Threatens Operations Amid Heightened Immigration Enforcement

July 17th, 2025

Agricultural employers across California face renewed operational uncertainty as a grassroots advocacy group calls for farmworker-led strikes over a 3-day period beginning July 16, and consumer boycotts in response to recent immigration enforcement activity. At a press conference on July 15, a small group of farmworkers decried what they described as “terrorizing” ICE raids at agricultural sites, calling for direct action to protest federal immigration practices. 

This call to strike comes on the heels of increased enforcement in Southern California, prompting a federal court to temporarily restrict U.S. Immigration and Customs Enforcement (ICE) activities in seven counties, including Los Angeles, Ventura, and Riverside. The July 11 ruling limits ICE from stopping individuals without reasonable suspicion and mandates expanded access to legal counsel for detainees. 

Activists claim that recent ICE actions targeted workers solely based on appearance and job type, raising concerns about profiling. In response, labor organizers are rallying workers to halt fieldwork and join protests and boycotts to demand greater protections and legalization pathways for undocumented workers. 

While organizers frame the strike as a defense of worker dignity, agricultural operations already strained by labor shortages and compliance requirements are bracing for disruption. With harvest schedules and perishable crops at stake, any coordinated work stoppage could have immediate economic consequences for producers and supply chains. 

What Agricultural Employers Should Know 

Employers are encouraged to proactively review protocols for interacting with federal agents and to ensure that employees understand their legal rights, especially in light of the court’s order against unlawful detentions. Agricultural stakeholders should also prepare for potential workforce absences and seek legal counsel on how best to document and respond to strike-related disruptions. Western Growers members are encouraged to report disruptions due to worker stoppages and immigration enforcement activities impacting their operations to [email protected]. 

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