The July/August digital issue of the Western Grower & Shipper magazine is available for online viewing.
The issue features the articles, “Give this Senator a Chance,” “Payer Beware: California Court Confirms Risk of Fraud Falls on the Party Best Positioned to Prevent It,” and “The Cost of Success,” as well as the cover story “Field of Dreams: How T&A and The Reservoir Connect Growers to Agtech.”
Find the full digital edition of the August/July issue here.
In today’s agricultural landscape, change is constant—whether it’s new regulations, labor challenges or shifting market demands. For producers, growers and agribusinesses, staying ahead requires more than hard work. It takes reliable resources, expert guidance, and a strong, unified voice in policy decisions. That’s exactly what Western Growers provides—and why renewing your membership is a smart, strategic move.
As you look toward the year ahead, here’s a reminder of some of the essential benefits of membership, including new tools and resources designed to keep your operation competitive, compliant and forward-thinking.
Powerful Advocacy at the State and Federal Level
Your voice matters, and Western Growers makes sure it’s heard. From water policy and environmental regulations to labor reform and tax issues, your membership fuels active lobbying and representation on the issues that affect your bottom line.
Membership enhances your role in shaping policy and protects your ability to farm, grow and succeed on your terms.
Legal Hotline: Real Answers, Right When You Need Them
From land use issues to labor laws and regulatory compliance, legal questions can arise at any time. Your membership gives you access to a trusted legal hotline, staffed by professionals who understand the unique needs of agricultural operations. Instead of costly consultations, you get immediate, practical answers.
HR Training and Labor Law Support
Managing a workforce in agriculture is more complex than ever. With labor laws evolving and enforcement increasing, staying compliant is critical. Your WG membership includes access to ongoing HR training, compliance resources and expert guidance on hiring, safety and labor practices.
Renewing ensures you stay informed and protected—whether you’re managing a few employees or a full seasonal crew.
H-2A Visa Assistance
Navigating the H-2A guestworker program is no easy task. Between strict regulations, deadlines and documentation, it can overwhelm even the most experienced employers. Western Growers provides personalized assistance with the application process, compliance audits and best practices to ensure you get the labor you need.
Membership keeps this invaluable support at your fingertips during every step of the H-2A process.
Innovation and Technology Insights
Agriculture is evolving, and Western Growers helps you stay on the cutting edge. Through industry briefings, innovation workshops and access to emerging technologies, members stay informed about tools and practices that improve efficiency, sustainability and profitability.
Renewing your membership ensures you stay competitive in an increasingly high-tech ag environment.
Food Safety and Science Support
Today’s consumers and regulators demand more transparency and accountability in food production. WG offers science-based resources, training and updates to help members meet evolving food safety standards and certification requirements.
Your membership gives you continued access to expert knowledge that helps you implement best practices, maintain compliance and ensure consumer trust.
Connection to a Statewide Ag Community
Your WG membership connects you with a statewide network of producers, experts and professionals who share your values and challenges. From networking events and training sessions to collaborative problem-solving, the relationships you build are a source of strength and resilience.
The Year Ahead Starts Now
With continued support of Western Growers, you’re securing tools, knowledge and advocacy that protect your operation and position you for success.
You’ve built something worth fighting for. Let’s keep growing together.
For questions about renewing or to learn more about your member benefits, please contact me at [email protected].
When you hear the word inflammation, your brain might conjure up images of sprained ankles or someone talking about their gut health in yoga class. But inflammation is more than just a buzzword—it’s your body’s red flag that something isn’t quite right. Let’s talk about inflammation because not all of it is bad.
The good kind? Your immune system is putting out a tiny fire after you stub your toe.
The bad kind? Imagine that fire becoming a slow-burning, invisible bonfire in your body that never really goes out and it’s quietly toasting your cells like little marshmallows.
But fear not! I am not here to make you fear bread or give up joy. I am here to encourage you to eat in a way that supports your body and boosts your energy. Welcome to the delicious world of the anti-inflammatory diet.
The Anti-Inflammatory Diet
An anti-inflammatory diet is not a strict plan or temporary cleanse. It’s a sustainable, whole-food approach that helps the body function at its best. It centers on foods that reduce inflammation at the cellular level while cutting out triggers that perpetuate it. Rather than focusing on deprivation, this way of eating is abundant, colorful, satisfying and deeply nourishing.
What to Eat
Here’s a breakdown of the major food categories that fight inflammation and why they work:
Fruits and Vegetables
These are the foundation of the anti-inflammatory diet. Rich in antioxidants, polyphenols and phytonutrients, plants help neutralize free radicals and reduce oxidative stress, one of the key drivers of inflammation.
Healthy Fats (Especially Omega-3s)
Omega-3 fatty acids are well-known for their anti-inflammatory effects. They help reduce inflammatory markers like C-reactive protein (CRP) and promote heart and brain health.
Whole Grains
Unlike refined grains, whole grains are high in fiber, which supports gut health, reduces inflammation and helps stabilize blood sugar levels—an important factor in keeping inflammatory responses under control.
Plant-Based Proteins
Beans and legumes are rich in fiber, minerals and plant compounds that help fight inflammation and support gut microbiome diversity.
Herbs and Spices
These are natural anti-inflammatory powerhouses that not only flavor your food but also deliver measurable benefits.
Healing from the Inside Out
Chronic inflammation doesn’t happen overnight and neither does healing. But by consistently choosing anti-inflammatory foods, you can quiet the immune overdrive, support healing and reduce your risk of disease. More than a diet, it becomes a way of life— one rooted in nourishment, balance and respect for your body’s deep capacity to heal.
The food you choose is either fuel or fire. When in doubt, eat the rainbow and let food be your most powerful form of medicine; let it be your daily act of self-care and power.
Weeks after the historic 2024 election, my daily news scan was halted in its tracks. On December 10, I noticed an Op-Ed in the Bakersfield Californian, written by Adam Schiff. The longtime U.S. Representative from Los Angeles was sworn into the Senate the day before, to fill the remaining fragment of the term of the late Dianne Feinstein, and would be sworn in again on Jan. 3, 2025, to begin the full six-year term to which he had just been elected.
Why in the world would this very high-profile progressive L.A. Democrat place an opinion piece in a newspaper serving one of the agriculturally concentrated and conservative regions of the state? As I hit the hyperlink, I prepared for disappointment and possibly anger.
I was pleasantly surprised. Adam Schiff—the embodiment of the Democrat Party’s antipathy toward President Donald Trump—was extending his hand and his service as a new U.S. Senator directly toward California’s agriculture industry. He wrote of traveling the state during his campaign and making a point to visit agricultural regions including the Central Valley, the Central Coast and the Imperial Valley, places he “was far less familiar with from my years representing Los Angeles or growing up in the Bay Area.” Several WG members did in fact host Schiff for tours of their farms during the campaign, likely enduring some barbs from neighbors and fellow farmers for their trouble. I applaud them.
Schiff wrote of asking farmers: “If I’m lucky enough to get this job, what can I do to help?” Further on, he wrote of his nascent understanding of California’s farmers and his being “deeply impressed by the multigenerational nature of the enterprise for many farmers, the difficulty of competing with other states and countries with lower standards, and the growing scarcity of our state’s most precious resource, water.”
Whatever one’s partisan leanings, when a legislator extends a hand in partnership to help our industry, we extend ours, knowing we cannot expect the moon but understanding that non-engagement gets us nowhere. This is especially true of U.S. Senators, who by virtue of the Senate’s powers, rules and structure, can influence legislation and public policy at a profound level.
I sent Senator Schiff a response, offering myself and the Western Growers team as good-faith partners. His staff responded quickly, and we met for lunch in Burbank. By then, he had been selected to serve on the Senate Agriculture Committee, another surprise to me. Schiff explained it is shameful that the largest agriculture state in the nation has not had one of its two U.S. Senators on the Agriculture Committee for more than 30 years, so he asked to be appointed.
Seven months into a six-year term is not adequate to assign the new Senator a grade or make a definitive assessment of his commitment to our industry. But we do know that Schiff has been responsive.
In May, the Trump Administration’s DOGE team cut USDA staff in several program areas, including the Farm Service Agency (FSA). The DOGE plan called for shuttering nine FSA field offices in California. Just days after the WG Board of Directors delegation met with him in Washington D.C., and elevated our serious concerns, Schiff and seven members of the House of Representatives wrote to USDA Secretary Brooke Rollins to protest. Two weeks later Rollins rescinded the move for all but one remote FSA office.
Several of our members have hosted Senator Schiff for farm tours and policy discussions in recent months, as have our partners at Cal Poly San Luis Obispo. By all accounts, these have been meaningful and serious encounters with Schiff seeking to both learn the nuances of our industry and develop policy solutions that help us remain viable.
Schiff has suggested he would work in earnest with President Trump despite their strained history, especially on immigration reform, with Schiff even remarking that Trump could capture a “Nixon goes to China” moment in history by achieving what most Americans know is badly needed but that no president has been able to deliver since Ronald Reagan in 1986.
If this is starting to sound like a re-election endorsement for Mr. Schiff, let me clarify: We are all entitled to our views—not just those confined to agriculture industry matters. We have good reason to judge our elected officials across a multitude of issues outside of the business of the agriculture industry. But for this association and its advocates, both on staff and in volunteer leadership positions, we are obliged to relate to our elected representatives through the lens of agriculture and the policy matters impacting the industry.
We can and should open our gates to Adam Schiff and give him the benefit of the doubt on issues that matter to our industry. He will not do all we ask or hope for, but we must give him the opportunity, and the necessary persuasion, to do more than he may have bargained for when he decided to run for one of California’s two Senate seats.
•••
Speaking of the U.S. Senate: Michael Bennet of Colorado will be leaving the “world’s greatest deliberative body” to run for Governor. Bennet has been a strong advocate for us, working across the aisle tirelessly on western water infrastructure and the Farm Workforce Modernization Act, among other matters. We will miss him in the Senate and wish him well on his campaign.
For the Petrocco family, farming runs deeper than business—it’s a way of life, built on generations of hard work and tradition. Based in Brighton, Colo., Petrocco Farms has grown into one of the state’s largest vegetable operations, producing lettuce, cabbage, sweet corn, peppers and more across an estimated 3,000 acres.
Joe Petrocco, a third-generation grower and Vice President of Petrocco Farms, helps lead the family business. His great-grandparents emigrated from Italy in the early 1900s. Sadly, his great-grandfather died in a mining incident, and his great-grandmother Maria and her children started the farm after being compensated with legal papers and money. The farm has evolved significantly since those early days, but its integrity, quality and resilience remain firmly planted.
“I was working on the farm my whole life—I was the only one that could make straight rows,” Petrocco said. “I was raised on the tractor, basically. That’s why college was so important to me because it gave me a break from the tractor.”
For Petrocco, the choice was clear. After earning a degree from Metropolitan State University of Denver with a bachelor’s degree in Botany and minor in Spanish, he returned to the farm full-time.
Despite its growth, Petrocco Farms is still very much a family affair. Joe farms alongside his father Dave, Sr. and brother Dave, Jr., while his sister Julie helps out part-time. Decisions are made at the kitchen table. Employees, many of whom have worked there for decades, are treated like extended family. That trust and continuity have helped the Petroccos adapt to a constantly changing agricultural landscape.
One of the operation’s key strengths is its direct relationship with customers. The farm sells most of its produce directly to retailers and processors, allowing greater control over quality and pricing. This model, however, comes with high stakes. As always in ag, a missed harvest or weather event can mean major losses.
That unpredictability is something Petrocco knows all too well. Colorado’s semi-arid climate, coupled with increasing pressure on water resources, keeps growers on edge. Over the years, Petrocco Farms has faced drought, hailstorms, labor shortages and economic swings—but Petrocco believes the biggest challenge now is political.
“There are fewer and fewer farmers making more and more food,” he said. “But the people writing the laws often have no idea what it takes to grow a crop. That disconnect is frustrating.”
To bridge that gap, Petrocco has become a vocal advocate for agriculture. He serves on local water boards and industry groups, sharing firsthand insights on water use, farm labor and sustainability. He also partners with schools and community organizations to educate the next generation about where their food comes from. He’s also made several trips to Washington, D.C. to promote the fresh produce industry.
“I like getting involved with Western Growers. They have brilliant people on their staff who coach me and help me along and prepare me for what to say,” he said.
Just as he’s found guidance and encouragement from Western Growers, that same spirit of support is mirrored in Petrocco’s approach to labor. Petrocco Farms relies heavily on the H-2A program to bring in skilled seasonal workers from Mexico, many of whom return year after year. Petrocco sees the program as essential but flawed, and he and continues to push for reforms that support both growers and workers.
Looking ahead, Petrocco remains cautiously optimistic. He sees opportunity in expanding regional markets and increasing demand for locally grown produce. And with the next generation stepping up, he’s hopeful the farm will stay strong for decades to come.
“I love what I do. I’ve always done it, and I feel a connection out here to God, the earth and my ancestors’ spirits. It’s very important to me, so that’s why I continue to do it,” he said.
Duncan Family Farms, well-known for its innovative practices, has transformed the desert landscape into an oasis of organic produce—proving that sustainable farming can be highly effective, even in the most challenging environments.
Headquartered in Goodyear, Ariz., Duncan Family Farms cultivates a wide range of culinary herbs, leafy greens, microgreens and unique, seasonal vegetables that include Badger Flame Beets and Trilogy Beans. That’s thanks to the vision of fourth-generation farmer Arnott Duncan and his wife, Kathleen, the farm’s co-founders.
For decades, they’ve been committed to improving their land through integrated sustainable practices, efforts that span their two locations in Arizona, as well as farms in Merrill, Ore., and Seneca Castle, N.Y.
Aside from Duncan Family Farms’ forward-thinking and progressive approach to growing produce, they have made their local community a pivotal part of their mission—investing in programs, partnerships and support that extend far beyond
the field.
For Duncan, this connection to agriculture started at an early age, and quite unexpectedly. After the death of his father when he was just four, his mother remarried a farmer. This is where he was first introduced to the agrarian lifestyle, and a remarkable transformation unfolded during this time.
“I just remember when my stepdad took my brother and I out to the farm for the first time. I just took to it. I loved it right off the bat,” Duncan said.
By 12, Duncan was working as a shade tree mechanic on the farm, full welding and fabricating.
While he loved his childhood memories working on his dad’s cotton farm, as an adult, Duncan had a feeling he couldn’t shake that he was meant to go off and forge his own path in agriculture.
“There was a focus of wanting to do things differently,” Duncan said. “I wanted to grow vegetables. The rest of the family wasn’t interested in that, and so, it was just kind of a natural split.”
Starting with just a few hundred acres of farmland in Central Arizona, Duncan Family Farms was established in 1985.
During the first few years, it was a touch-and-go experience on the farm. Although they made enough to get by, the couple had to think outside the box to make up for resources they didn’t have.
Duncan recalls often scavenging through junk piles in nearby equipment yards, offering to pay for metal and other materials by weight.
Leveraging his mechanical expertise from youth, Duncan transformed materials bound for the landfill, giving them a new life on his farm. From building cultivators to tractor parts, Duncan was able to build nearly everything he needed, exemplifying the motto, “one man’s trash is another’s man treasure” in the best way possible.
“I would buy small equipment then weld it together to make larger equipment. It was kind of a joke,” Duncan said. “But when you’re needy, you learn to make things out of nothing.”
In the early ‘90s, the couple wanted to combine their farming experience with Kathleen’s career in early childhood education and decided to open part of their farm to the public, offering educational school tours. Little did they know this would be a major turning point for their operation.
Using leftover cover crop residue, the Duncans arranged hay bales for the children to sit on during their tours. However, over time, Duncan noticed an unexpected transformation: the bales turned brown and began to emit steam.
“Quite by accident, we made this really high-quality compost,” he said.
Duncan explained that while it wasn’t intentional, the new discovery sparked a fundamental change on the farm—introducing a natural path for them to begin farming organically, before there was even a market for such a thing.
“We found that we could beat diseases that we couldn’t beat with conventional chemicals. And so, quite even before we started growing organically, we were using compost as a way to fight diseases and plant pathogens,” Duncan said. “For us, making our own compost is absolutely paramount to our success.”
Through discipline and dedication, this practice has since evolved into a scientific cornerstone of their operation.
Today, the amount of organic matter in their soil can reach up to two percent—about double that of most conventional fields with similar soil types. Organic matter improves soil structure, helping it retain water like a sponge. This keeps their crops hydrated longer, reducing the need for frequent irrigation.
As a result, they’ve been able to cut back significantly on inputs like fertilizer while saving thousands of gallons of water. But according to Duncan, the benefits don’t stop there—these practices may also boost the nutritional value of the crops themselves.
He explains that compost, cover cropping and well-planned crop rotations make for healthier plants that can absorb more available nutrients. “When we add compost, we are significantly influencing the soil’s ability to hold onto key micro and macro nutrients,” he said.
Looking ahead, Duncan plans to continue exploring regenerative farming practices. In the meantime, cutting down on food waste remains a priority.
“Unfortunately, consumer expectations for perfect produce, and shifting market demands, can lead to excess product that goes unused when crops don’t meet visual standards or when there’s simply more supply than demand,” Duncan explained.
During this past winter season, they donated approximately 10,000 pounds of leafy greens to St. Mary’s Food Bank each week. Their donations prevented a lot of fresh food from going to waste and helped feed hungry families.
This commitment to giving back reflects a deep-rooted passion for community and sustainability that has guided Duncan throughout his life. Since his early days working as a mechanic on his dad’s farm, he has continuously sought to refresh, reinvent and drive innovation that benefits both the land and future generations.
At the time of this writing, we are not even halfway through 2025 and yet the year has already proven to be one for the record books across several issues. This is common when a new federal administration takes office; however, the divergent views over air quality policies between the Trump Administration and California came into full view very early on and the results to date have been both substantively and extraordinarily beneficial for the agricultural industry.
First, California realized that the state would not be successful in having the federal Environmental Protection Agency approve the waiver request that is required for implementation of the California Air Resources Board’s (CARB) Advanced Clean Fleets regulation. Thus, reading the tea leaves, the state decided to rescind their waiver request. This regulation would have created significant costs for those growing operations classified as having high-priority fleets because it would have mandated a transition to zero-emission trucks. Notably, CARB did not also submit a waiver request for their new Zero-Emission Forklift regulation. These two regulatory rollbacks are both big wins for our industry due to cost concerns and the obvious problem of there not being ample charging infrastructure in place to reliably support the new equipment mandate.
So why, with all of this great news, is this column titled “The Cost of Success”? Well, not surprisingly, California responded to these federal roadblocks by going back to the drafting table to find new pathways that would allow the state to regulate further emissions reductions. One of these was a policy proposal in the proposed state budget that would have given CARB unprecedented authority to impose fees on the regulated community. Western Growers immediately worked with a broad coalition in opposition to this proposal arguing that, if approved, the Legislature would be delegating their essential legislative discretion over appropriations and expenditures to CARB. We also raised the concern that CARB would be incentivized to create more regulations in order to increase their own revenues. Fortunately, this proposal did not move forward as originally proposed.
In addition, two bills were introduced that also would have given CARB additional authority. AB 914 would require CARB to promulgate regulations to control emissions from indirect sources (warehouses, buildings, etc.) and also would grant CARB additional fee authority. SB 318 would give CARB the authority to override local air district decisions on permitting Title V facilities. Local air districts would no longer be able to take into account local economic conditions and what is feasible when they are conducting the permitting. WG was an active coalition partner in opposing both of these bills. Due to heavy opposition, both bills failed to move out of their respective houses this year.
WG staff will continue to oppose efforts that unnecessarily expand CARB’s regulatory and fee authority. Our members are already overly regulated and face a bevy of various fees. We have had a successful year to date but we will continue to be on the lookout for the next legislative or regulatory attempt that makes it burdensome for you to grow your business.
For those who have participated in debates, common logic strategies are used to be able to win the argument and sway
the audience. While logical fallacies are technically errors in reasoning, they appeal to human psychology and can often convince the audience quite effectively. We encounter logical fallacies frequently – circular arguments, ad hominems, red herrings, slippery slopes, etc., since they are used in many stories, news segments and marketing campaigns to capture and influence decision-making.
A common logical fallacy applied is that of the false dichotomy. A false dichotomy is the reduction of outcomes to only two possible options. Something is either good or bad. Black or white. Ethical and unethical. Binary options are easy to understand and process. They can also lead to severe oversimplification of more complex issues. That oversimplification can have deleterious long-term outcomes for the topic to be considered.
Food safety is not a competitive advantage. Why? There is an obvious expectation that food safety is a required element for any food company and food item. It would be unethical if some foods were safe while some, assumed to be less-expensive foods, were not. This would create situations where the less affluent might only be able to afford food that could make them sick at a much higher rate than more costly foods.
We have seen this type of unethical food marketplace, with poor communities only having access or the ability to purchase less safe food and water and therefore having a higher rate of foodborne illness and death than more affluent communities. To address this social injustice, rigorous state, federal and international food regulations require that food always be safe.
The Food and Agriculture Organization (FAO) has a commonly quoted statement: “If it isn’t safe, it isn’t food.” As such, it is illegal to produce and sell unsafe food, and all people, irrespective of class and financial ability, should have access to safe food. Food safety is the stated goal, and complete 100 percent safety is our never-changing target. This goal is to be applauded, but it’s also naïve, oversimplified and unintentionally counterproductive.
Food safety is not a binary option – it doesn’t “exist” or “not exist.” To treat it as such immediately creates risk management systems that will be flawed and vulnerable to exploitation. Food safety is a complex topic with varying risks from a multitude of threats. In most cases, no food presents with zero potential for illness – some risks may be acute (toxins, bacterial infections, contaminants) while other risks may be chronic (heavy metals, carcinogens, nutritional imbalances). Similarly, all producers and consumers have differing expectations on what they consider an unacceptable risk. For example, some consumers choose to drink raw, unpasteurized milk while others are afraid to even handle raw milk due to fear that the package may be contaminated. Risk is subjective, on a spectrum, and non-zero at all levels of the food supply chain (food, producer, retailer, consumer).
Operationally, it matters little that we have a regulatory requirement for absolute food safety since there is zero possibility of a 100 percent safe/unsafe option for every consumer. In short, complete food safety for all consumers is not achievable. Oversimplifying the complexity of food safety by stating that all food should be safe has unintentionally led to inefficient
risk management strategies and the creation of non-productive market pressures for food safety. When the first assumption is flawed, it sets up a false expectation that ultimately makes risk management more challenging since the first step is to counteract the errant first assumption. Simply stated, an argument for safety improvement must begin by counteracting the preconceived belief that food is already safe. That improvement to food safety will require additional investments to reduce risk, and those investments won’t seem necessary if they already consider the status quo acceptable (safe). In a food business, when a product is successfully selling in a market that legally requires safe food, it is, in effect, already considered by the producer and consumer to be safe and acceptable.
Food safety should not be a competitive advantage, but it shouldn’t be a disadvantage either. The goal will always be to have safe food for everyone. Safe has variable meanings and is on a risk spectrum, varying for every producer and consumer. It is also unrealistic to assume that all food will be safe simply because regulatory requirements exist and that there will be an overall ethical alignment around one level of safe in the industry. To expect this consensus and ethical alignment in the industry is somewhat akin to expecting a utopian society to naturally occur, a utopia where there would be no hunger, social injustices or criminal acts. While we all would love to live in this society, we also acknowledge real-world conditions differ from utopia and we build systems to protect us from them.
Defaulting on a system where the status quo assumes all food is safe and that all players in the supply chain will adhere to creating a non-existent, zero-risk outcome is unrealistic. Designing food safety systems under this assumption will inherently position existing systems to be non-optimized for success and inherently vulnerable. Under this structure, there would be no incentive or reward to favor players toward moving along the risk spectrum to a lower risk position. No overarching market force will automatically encourage continuous improvement, and any risk reduction will come from force applied from within the supply chain, creating a system that will falter if/when that force is lessened or deemed unnecessary. Unintentionally, the respectable goal for safe food has created a marketplace where those who invest less in food safety management often find themselves at a financial advantage over those who do more to remove risk.
Food safety is generally treated as a requirement (everyone should have it). However, this creates a false dichotomy, implying that there can be completely safe or unsafe food. This assumption then sets up a false expectation that all food is safe in the marketplace (otherwise it wouldn’t be for sale). Unintentionally, this belief eliminates pressure to find measures to improve. If your current product sells, why make safe, safer?
Food safety is not black and white, and risk will always exist on a spectrum. It is unrealistic to expect an absolute zero risk
in complex supply chains and products, and even more unlikely that if safe, all foods are equally so. Under this assumption, little incentive exists for investing in improved food safety since no one is asking, monitoring or demanding it. Creating market forces that continually select for a system of reduced risk requires intentionally creating conditions that reward entities that invest and expend the effort toward it.
To achieve a sustainable food system favoring continuous risk reduction, markets must be designed to encourage and reward those who strive for residual risk reduction. Food safety may be a requirement, but food safety improvement is a value-added activity that comes with additional costs. If investments in improved risk reduction are truly valued, then the marketplace must evolve to be transparent regarding where enhanced food safety efforts are implemented. With transparency, the feedback loop to reinforce the value of improved efforts will be established, rewarding those who invest in it with increased consumer confidence, orders and trust.
A recent California appellate decision should serve as a wake-up call for employers and anyone involved in legal settlements or commercial transactions involving electronic funds transfers. In Thomas v. Corbyn Restaurants Development Corp. (Cal. Ct. App., May 27, 2025), the Fourth District Court of Appeal addressed a novel question under California law: When settlement funds are misdirected due to fraudulent wire instructions sent by an imposter, who bears the loss?
The answer: The party in the best position to prevent the fraud.
The Spoofing Scam
The case arose from a personal injury settlement for $475,000. After the parties signed a settlement agreement directing payment to the plaintiff ’s attorney’s client trust account, a third-party fraudster, impersonating the plaintiff ’s legal assistant, sent fake emails to defense counsel requesting a wire transfer instead of a check. The fraudulent email provided altered wiring instructions that subtly differed from the instructions in the settlement agreement.
Defense counsel accepted the instructions and wired the funds to the fraudulent account. Days later, an email from a spoofed version of defense counsel’s email account further intended to delay discovery of the fraud by plaintiff ’s attorney, claiming that a check would be mailed soon. It wasn’t until a month later that the fraud was discovered. By then, the imposter and the funds were long gone.
Trial Court and Appeal: Risk Falls on Defendants
When the plaintiff demanded a replacement payment, the defendants refused, arguing that they had already paid. The plaintiff moved to enforce the settlement agreement. The trial court granted the motion, finding that several “red flags” should have alerted the defendants’ counsel to the fraud, and that the plaintiff bore no comparative fault.
The Court of Appeal affirmed, adopting a rule grounded in federal case law and Uniform Commercial Code principles: in cases of impersonation fraud, the loss should be allocated to the party in the best position to prevent it.
The appellate court cited several factors that supported the trial court’s decision:
The court concluded that while both parties were victims of a sophisticated scam, only the defendants ignored obvious warning signs. Even though neither law firm’s systems appeared to be breached, the defendants failed to exercise ordinary care in executing the payment.
Key Takeaways
Why This Case Matters
Thomas v. Corbyn is the first published California decision to address allocation of risk in wire fraud settlement scams. It aligns with a growing body of federal law placing the burden on the party best able to detect and stop fraudulent payments. With cyber scams increasingly targeting legal and financial transactions, the decision provides timely and practical guidance: When it comes to wiring money, caution is not optional.
In this Voices of the Valley episode, Western Growers Senior Vice President, Innovation, Walt Duflock and The Reservoir CEO Danny Bernstein introduce Reservoir Farms, a first-of-its-kind initiative in Salinas, Calif., where agtech startups can work with growers to do field trials of their technologies. In tandem with endeavors from the Western Growers Center for Innovation and Technology, Reservoir is trying to solve one of ag’s biggest problems: there is simply not enough labor to get crops out of the field and onto dinner tables. “We have a big and growing line-item expense challenge with growers in California,” Duflock says. “The best and maybe only realistic scalable solution for that is robots.”
You can listen to the full episode here.
Western Growers is saddened to share the passing of Don Smith, owner of Turlock Fruit Company and a former Chair of the Western Growers Board of Directors. He was 95.
A lifelong resident of Turlock, Calif., Smith was a second-generation grower and shipper, continuing his family legacy that began in 1918 when his father founded Turlock Fruit Company. For more than six decades, Smith dedicated his life to the growing and marketing of melons, working hands-on in both field and packing operations.
Smith was a past Chair of Western Growers in 1966 and served on the WG Board from 1957-1977 and again from 1982-1983. He was active in Western Growers’ success in convincing Congress to create the PACA Trust. His son Steve, who served on the WG Board from 1991-1992 and 1995 – 2012, and his grandson Alec have grown up learning all aspects of the business. His grandson-in-law Neill Callis, General Manager, joined the WG Board in 2019, following in the footsteps of Steve and Don. He currently serves the Board as Treasurer.
Smith earned a bachelor’s degree in economics from the University of the Pacific in 1952. Beyond his own business, he was deeply involved in advancing the produce industry, serving not only as Chair of the Western Growers Board but also as Director of the United Fresh Fruit and Vegetable Association and as a member of the California Melon Research Board.
Today, Turlock Fruit Company stands as a testament to his dedication and vision. Now in its fourth generation, the family business is celebrated throughout California’s San Joaquin Valley and beyond for its sweet and tasty cantaloupes, honeydews and mixed melons.
Funeral service information is still being finalized and will be announced soon.
Photo courtesy of Turlock Fruit Company.
WASHINGTON, D.C. (July 2, 2025) – The Specialty Crop Farm Bill Alliance (SCFBA) issued the following statement today reacting to the House passage of H.R. 1, the One Big Beautiful Bill Act.
“We are grateful to Chairmen Thompson and Boozman and their staffs for advancing these vital investments in specialty crops, which the Specialty Crop Farm Bill Alliance has advocated for since 2023.
“Our message continues to be simple: any Congressional investment in American agriculture must include specialty crops. America’s specialty crop growers face a host of unprecedented challenges similar to those confronting row crop producers. Specialty crops represent nearly a quarter of U.S. crop value and make up more than half of what Americans eat. The family farms that provide Americans with a reliable source of fruits, vegetables, tree nuts, and horticulture, deserve meaningful support from their government. Nothing short of the survival of our domestic industry is at stake.
“The investments included in H.R. 1 are a key piece of the puzzle to enhance the competitiveness of America’s specialty crop growers, but there is still work to be done. Senate rules prohibited the inclusion of many of the innovative policy initiatives that we proposed, such as investing in mechanization and automation, modernizing procurement rules to include more high-value fruits and vegetables, and reforming crop insurance that would provide many of our growers with an affordable and effective safety net for the first time.
“We commend the House and Senate Agriculture Committees for recognizing that our growers domestically produce the safe, nutritious foods that more Americans should be consuming, as well as cultivate the trees, flowers and plants that play a vital role in the nation’s health and wellbeing. We stand ready to work with Congress to enact the remainder of our priorities at the earliest opportunity and look forward to advancing future farm and food policy in the context of comprehensive, bipartisan farm bills.”
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 150 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]
Sarah Gonzalez, International Fresh Produce Association, [email protected]
Mark Szymanski, National Potato Council, [email protected]
Ann Donahue, Western Growers, [email protected]
Harris Farm Group’s John Harris, who changed the face of California agriculture during his six decades in the industry, has died. He was 81.
Harris embodied the diversity of California agribusiness. The Harris Farms Group includes Harris Fresh and the Harris Farms Thoroughbred Division, in addition to the landmark property known to all Californians on I-5.
In 2022, Harris received Western Growers’ Award of Honor, the organization’s highest accolade.
“Like his iconic Harris Ranch Inn & Restaurant, which stands as an oasis alongside a remote stretch of road, John is a pillar in California agriculture and the broader Western fresh produce industry,” Western Growers President and CEO Dave Puglia said at the time. “It is safe to say that no one in this industry is more recognized and admired, and not just among his peers but also by community and political leaders throughout California. John’s vision can be seen in all his enterprises, from his ranching and farming businesses to his championship horse racing operations. Beyond his business endeavors, John is a powerful voice for farmers in Sacramento and Washington, D.C., and has dedicated his life’s work to the advancement of California agriculture and the rural communities our industry supports.”
Managing the diversity of his business enterprises over the years required a nimble, methodical approach, Harris told Western Growers when he received the Award of Honor.
“I went into it with the idea that things were always going to be changing—and they were,” Harris said. “I didn’t have any false illusions that it was going to be an easy deal. Then again, I wasn’t really afraid of any problem, because I started with the idea that any problem would be solvable.”
Harris was born to a farm family whose operations in California extend back more than a century. He graduated with a degree in agricultural production from the University of California, Davis and then served two years in the U.S. Army.
During his tenure as CEO and sole shareholder of Harris Farms and his 11 years on the Western Growers Board of Directors, Harris experienced a saga of upheavals and changes in rural life and the agriculture industry.
“It’s sort of evolved, this area of farming,” Harris told Western Growers. “Most people were diversified, to some extent, because they had water wells they needed to keep operating….well, we can’t do that anymore. Now we’re trying to diversify because you’re trying to hit all the highs and avoid the lows.”
Harris served five terms as president of the California Thoroughbred Breeders Association, and he could frequently be found watching his prospects at the Del Mar Thoroughbred Club just north of San Diego. The Harris Farms Thoroughbred Division produced California Chrome, the winner of the 2014 Kentucky Derby and Preakness Stakes.
In 1988 Harris was named Livestock Man of the Year by his peers in the ranching industry, and in 2014 he received the Agriculturalist of the Year award from the Fresno Chamber of Commerce. He received an honorary degree of Doctor of Science from the California State University at Fresno in 2019.
Funeral service information is still being finalized and will be announced soon.
The U.S. Department of Labor (DOL)’s opinion letter, FLSA2024-01, addresses the exclusion of daily expense payments for tools and equipment from an employee’s regular rate of pay under the Fair Labor Standards Act (FLSA). This guidance is especially helpful for employers in those industries where employees incur significant expenses for tools and equipment.
The FLSA requires payment “at a rate not less than one and one-half times the regular rate at which the employee is employed” to all non-exempt employees for all hours worked after 40 hours in a workweek. The regular rate must include “all remuneration for employment paid to, or on behalf of, the employee,” subject to eight statutory exclusions.
In relevant part, the FLSA permits an employer to exclude from an employee’s regular rate of pay “reasonable payments for traveling expenses, or other expenses, incurred by an employee in the furtherance of [their] employer’s interests and properly reimbursable by the employer,” as well as “other similar payments to an employee which are not made as compensation for [their] hours of employment.”
According to the DOL, the regular rate of pay must be based on actual work conditions and cannot be agreed upon by the parties.
Below are five key compliance tips outlined in the DOL’s letter:
California employers should be aware that they often face stricter laws regarding overtime pay and reimbursements compared to the FLSA.
Complying with FLSA regular rate of pay calculations requires careful attention to detail and adherence to DOL guidelines. By accurately reimbursing expenses, properly classifying payments, maintaining comprehensive records, and providing regular training, employers can help ensure they meet FLSA legal obligations and avoid costly penalties.
Chandler Farms in Selma, Calif., has a special kind of legacy. Founded in the late 1800s by W.F. Chandler, the family operation has been growing on the same land for generations. Today, fourth-generation farmer John Chandler and his brother continue that tradition, managing the day-to-day work while honoring their roots.
“My great-grandfather came out from Illinois in search of fertile ground and found it in Fresno,” Chandler said. “The family has been farming here ever since.”
Chandler grew up immersed in farm life, surrounded by open fields, fruit trees and hardworking family members. “It teaches you responsibility early,” he said. “There’s an expectation that you pitch in from a young age.”
Despite his agricultural upbringing, Chandler’s early career path took a different turn. After earning an agriculture degree from Cal Poly San Luis Obispo, he entered the world of public policy. With a strong interest in politics—fueled in part by his mother, Carol Chandler, a well-known figure in California agriculture—he landed a role advising lawmakers on agriculture issues, first in Washington D.C, then in Sacramento.
For more than a decade, Chandler worked on ag policy from the inside, gaining valuable insights into how decisions are made. But in 2012, a phone call from his father changed everything.
“He told me he was tired of farming alone and that if my brother and I weren’t interested in coming back, he’d consider renting or selling the farm,” Chandler said. “I realized I didn’t want that to happen.”
He returned to Fresno and was soon joined by his brother, Tom. Together, they now run the farm, carrying forward the legacy while embracing modern challenges. Their father Bill, now retired, still lives on the property their grandfather built during the Great Depression.
Chandler’s background in policy continues to shape his approach to farming. “Working in government taught me just how little decision-makers actually understand about what it takes to grow food,” he said. “That’s why farmers have to speak up. We can’t just be good at farming—we have to advocate, too.”
Currently, Chandler is an active board member for multiple agricultural associations, including the Fresno Farm Bureau, the California Association of Wine Grape Growers, Nuffield USA and Western Growers. He is also a graduate of the Western Growers Leadership program.
As a board member of Western Growers, Chandler focuses on key issues, such as labor, water and agtech. Labor remains a major challenge, he said, especially as regulatory costs climb. Meanwhile, water policy—particularly the Sustainable Groundwater Management Act (SGMA)—looms large for Central Valley growers.
But Chandler also sees promise in innovation.
“Agtech is the future,” he said. “Especially labor-saving technologies. They aren’t about replacing people—they’re about staying competitive when labor is scarce or expensive.”
Still, Chandler cautions that new technologies must make economic sense. “It’s great if a machine can zap weeds with lasers, but if the cost outweighs the benefit, it won’t survive on the farm,” he said.
Through it all, Chandler remains grounded by a core principle: perseverance.
“Our family has farmed this land for more than a century. There have been good years and bad years, but we’ve kept going,” he said. “That’s what farming takes—resilience, optimism and the belief that your work matters.”
The Department of Labor’s Wage and Hour Division (WHD) has announced a significant change in the way it handles liquidated damages under the Fair Labor Standards Act (FLSA). Beginning June 27, 2025, the WHD will rescind its prior guidance and no longer supervise or request the payment of liquidated damages during the administrative investigation or settlement phase of FLSA matters. Instead, liquidated damages will only be sought as part of judicial proceedings—after a formal lawsuit has been filed.
For years, the WHD has sought liquidated damages—additional compensation equal to unpaid minimum wages or overtime—during its investigations and pre-litigation settlements. Following a recent review, the Department determined that the FLSA does not authorize the WHD to supervise or negotiate liquidated damages in any administrative (non-court) context. This means that, going forward, only the courts can award liquidated damages in FLSA matters, and this will happen only if a lawsuit is filed.
What Does it Mean
WHD’s authority in administrative settlements is now limited strictly to recovering unpaid minimum wages and overtime on behalf of employees. Any previous guidance permitting WHD to supervise or request liquidated damages before litigation has been officially withdrawn.
This shift clarifies the scope of WHD’s enforcement powers and ensures that the assessment of liquidated damages will be handled solely by the courts, where employers have the ability to present defenses and receive full due process. Employers should note that, while liquidated damages are off the table in WHD-supervised settlements, they remain a possibility in litigation, where courts may award double damages absent a showing of good faith by the employer.
Next Steps
As always, employers should seek legal advice for specific cases and stay updated on Department of Labor developments.
On June 30, 2025, the U.S. Department of Labor (DOL) published a proposed rule to rescind large portions of its controversial 2024 H-2A Final Rule, Improving Protections for Workers in Temporary Agricultural Employment in the United States. The proposed rescission comes in the wake of multiple federal court injunctions and DOL’s recent decision to suspend enforcement of the rule, as previously reported by Western Growers.
The Department now acknowledges that many of the 2024 rule’s provisions imposed “unnecessary, burdensome, and costly requirements” on H-2A employers, with limited legal authority or practical utility. The rulemaking is also aligned with President Biden’s Executive Order 14192, which directs federal agencies to reduce private sector regulatory burdens and enhance economic competitiveness.
Key Provisions Targeted for Rescission
The proposed rule would eliminate several high-impact provisions from the 2024 Final Rule, including:
Background: Legal Challenges and Enforcement Pause
The 2024 Final Rule faced immediate legal opposition. Three separate federal courts issued preliminary injunctions enjoining the rule’s enforcement in at least 21 states, and a nationwide stay was issued for certain provisions. Courts concluded that the rule exceeded DOL’s statutory authority under the Immigration and Nationality Act (INA), conflicted with the NLRA, and was arbitrary and capricious. The differing injunctions by the courts created a confusing patchwork quilt of regulations, with different aspects of the Final Rule applying in part or not at all, depending on the state where the work was to be performed, and other factors.
On June 20, 2025, the Department formally suspended all enforcement of the 2024 Final Rule. DOL field offices were directed to revert to the H-2A regulations in place as of June 27, 2024, pending further rulemaking.
What’s Next?
Public comments on the proposed rescission are due 60 days from publication in the Federal Register (July 2, 2025). Western Growers will be submitting comments urging the Department to finalize the rescission and return to a more practical and legally sound regulatory framework for agricultural employers.
For questions about how this proposal may affect your H-2A compliance obligations, please contact the Western Growers H-2A Services Team.
Growers, industry members and government leaders urged agtech innovators to balance economic viability, novel solutions and efficacy development of biologicals during remarks at the 2025 Salinas Biological Summit, held June 24-25 at the Yolo County Fairgrounds in Woodland, Calif.
Demonstrating the efficacy of biological products emerged as a major theme of the summit. Several speakers stressed the importance of ensuring that product claims are backed by data and are true to label claims. Panelists also pointed out that while interest in biologicals is growing, investment in agtech, including biologicals, is currently down, increasing the pressure to show results and build trust quickly.
Dr. Pam Marrone, Co-Founder and Executive Chair of the Invasive Species Corporation, underscored the need for stakeholder education around developing reputable products. She presented on the emerging role of artificial intelligence (AI) in identifying microbes for use in biologicals product development, calling AI a “very successful tool” in accelerating discovery. Marrone also shared the emergence and need for a user-informed review platform. She noted the rise of companies focused on services for product manufacturing as support roles, such as refining the fermentation process or conducting segments of R&D.
A fireside chat included Woolf Farming President and CEO and Western Growers Board Chair Stuart Woolf with Dr. Karen Morrison, the new Director of the California Department of Pesticide Regulation (DPR). This conversation highlighted the need for greater industry collaboration and the progress within DPR to improve the review process for product registrations due to new staff positions being filled.
When asked about the Sustainable Pest Management (SPM) Roadmap, Morrison noted, “We are looking for opportunities to provide credits to PCAs for SPM” and incentivize stakeholders to take SPM courses. Additionally, for products undergoing the registration process, “label claims will be critically reviewed,” and efficacy will look different for different product categories.
The 2025 Salinas Biological Summit in Woodland was produced by Western Growers. For more information, visit salinas-summit.com.
More than 70 organizations representing America’s specialty crop growers recently signed on to a letter to Agriculture Secretary Brooke Rollins, expressing deep appreciation to the U.S. Department of Agriculture (USDA) and President Donald J. Trump for swiftly advancing a second round of Marketing Assistance for Specialty Crops (MASC) payments.
The additional $1.3 billion in funding, announced on April 30, 2025, will serve as a vital lifeline for family farms across all 50 states.
The letter was co-signed by executives from Western Growers, the International Fresh Produce Association, the Florida Fruit & Vegetable Association and the National Potato Council.
In the letter, the groups underscored the urgency facing specialty crop producers and highlighted the need for continued collaboration to resolve lingering issues with first-round payments. They also called for greater transparency into the MASC program’s distribution data to help ensure eligible growers receive the support they need.
You can read the full letter here.
Western Growers has been persistent in its advocacy and communication with USDA leadership on MASC, and we will continue to monitor the rollout of funds closely and keep members informed of any new developments. For any questions, please contact Dennis Nuxoll at [email protected].
Philip “Phil” Henry, who served as president of the Henry Avocado Corp. in Escondido, Calif., died June 30, 2025 of natural causes at the age of 80. He led the company’s global presence for more than four decades.
Born on June 23, 1945, in Long Beach, Calif., Phil earned his degree from Cal State University at Long Beach in 1968. Although he initially pursued a career in agricultural real estate after earning his license in the late ‘70s, Phil soon joined the family enterprise. Phil brought visionary leadership to Henry Avocado, serving as President from the early 2000s until stepping back recently, while remaining part of the managing owners group.
Phil was instrumental in steering the company toward strategic growth. His support for imports, including early endorsement of Peruvian avocados under the Hass Promotion and Research program, earned him admiration from industry peers.
Phil’s impact extended to Western Growers, where he served on the Board of Directors from 2001-2008. Henry Avocado had just celebrated its 100-year anniversary as a business, which started in 1925. The company has been a member of Western Growers for 41 years.
Western Growers extends our deepest condolences to Phil’s family, friends and colleagues.