Extended Producer Responsibility (EPR) and Packaging

October 28th, 2025

EPR is a policy approach that assigns producers responsibility for the end-of-life of products. This can include both financial responsibility and operational responsibility, though the amount and type may differ. Producers are required to provide funding and/or services that assist in managing covered products after the use phase. Currently, seven states have EPR programs for packaging, with 15 more states pending or proposed in the United States.

Western Growers staff summarized the different state requirements in a recent article. Read the full article here.

There are a lot of dates and developments to keep track of, see a calendar of projected milestones for the full list. Some key highlights include:

 

State Date Deadline
California Nov. 15, 2025 CAA’s deadline for data reporting
California January 2026 CAA to open reimbursement application portal
California June 15, 2026 CAA’s program plan due
Colorado December 2025 2026 EPR due invoices to be issued
Colorado Jan. 1, 2026 Producers to pay dues to a PRO; Ecomodulation rules take effect
Oregon December 2025 2026 EPR fee invoices to be issued
Washington July 1, 2026 Producers must be members of a PRO

 

Producers are required to provide funding and/or services that assist in managing covered products after the use phase. Under these proposals, the definition of “producer” varies by state or region but generally refers to the entity responsible for introducing packaged products into the marketplace. This can include brands, licenses, importers, distributors, growers, packers or shippers. The challenge of EPR regulations to the fresh produce industry lies in the high fees for packaged imported items in addition to the clash of regulatory requirements, where packaging will differ according to the regulations of the destination state.

The regulatory landscape for packaging in fresh produce is evolving rapidly and therefore these bills, initiatives and regulations continue to be revised. While these policies aim to reduce plastic pollution and improve recycling outcomes, the complexity and variation between state requirements present significant challenges for growers, packers and shippers. Without harmonized standards, the risk of rising costs, inefficiencies and increased food waste is significant.

Through the Sustainable Produce Packaging Alignment (SPPA) and other targeted initiatives, the fresh produce industry is proactively addressing these challenges by advocating for scientifically sound, functional solutions that protect product quality and safety while advancing environmental goals. The fresh produce industry stands ready to lead in developing packaging innovations that align with both functionality and sustainability, helping to deliver a more resilient food system from farm to fork.

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Raising the Bar on Retirement Savings Plans

October 28th, 2025

It’s no easy task for employers to find a retirement savings plan provider that brings together the triple benefit of cost savings, compliance support and white-glove service. But that’s exactly what Western Growers Financial Services (WGFS) sets out to deliver.

With its Multiple Employer Plan (MEP), WGFS offers a streamlined approach to retirement planning that competitors struggle to match: a single retirement plan with pooled resources that lightens the load of administrative burdens while providing meaningful value to both employers and employees.

You’ll be hard-pressed to find the same combination of benefits and services as WGFS. At the heart of WGFS’s retirement offerings comes our high-touch approach. Employers and employees alike benefit from our tailored guidance and experienced experts who understand the nuances of plan management.

To make things simple and accessible, we hold open enrollment and educational meetings in both Spanish and English, so every participant can get the support they need. Our staff will even travel directly to employer locations for enrollment sessions at no additional cost.

And while retirement plan regulations can seem intimidating, our team is ready to assist you in understanding the rules to keep compliant with
IRS Code 404C. We provide fiduciary protection to employers by offering a broad range of investment options while giving employees control over their investments.

Employers with more than 100 participants are often faced with costly audit requirements, but WGFS eliminates that expense in several ways. WGFS saves employers with the expense of an independent auditing firm’s fee, which could result in as much as $20,000 a year in savings. You can also take comfort in knowing all fees are market-leading at rates that are nearly unheard of in the retirement plan industry.

Plan participants also get the benefit of consolidated audits and a single Form 5500 filing. Since all employer plans in the MEP are housed under one plan, Western Growers Family of Companies (WGFC) does the filing at no additional cost. This means employers can have the opportunity to channel more resources into their business.

Another area that sets WGFS apart from its competitors is its transparency and cost structure. WGFS maintains a record of all decisions that impact the plan’s management, which includes the various investment manager presentations. Members are also invited to observe one or more of the annual Advisory Committee meetings, further reinforcing fiduciary confidence.

Plan documents are IRS-approved and provided by Northwest Plan Services (NWPS), a Raymond James Company. For employers evaluating retirement plan offerings, consider reviewing the fees your current provider charges. You’ll find our rates are unmatched and our options more comprehensive. And beyond 401(k) plans, WGFS manages a range of retirement plan options, including 457b and 409A, to align with each employer’s strategic objectives.

WGFS also ensures participants have convenient access to the necessary tools they need. They’ll gain access to a dedicated, user-friendly website specifically created for WGFS, complete with a dedicated call center team.

It Takes a Village
Behind every successful product is a team of dedicated professionals. The WGFS MEP is overseen by the Retirement Savings Plan (RSP) Board of Trustees, folks dedicated to ensuring proper oversight and compliance for which I owe a debt of gratitude: Mitch Ardantz, Bonipak; J.P. LaBrusherie, LaBrucherie Produce; Todd Talley, Talley Farms; Jon Alexander, WGFC; Melinda Dougherty, CFO, Hadley Date; Kate Elmore McCutcheon, Vail Farms; Gary Burk; and Steve Mangapit, COO, WGFC.

More gratitude extends to Matt Lewis, Vice President Investments, WGFS; Dave Puglia, President and CEO, WGFC; Ward Kennedy, CFO, WGFC; Jason Resnick, Senior VP and General Counsel, Secretary to RSP; Grant Flannigan, Financial Planner; Lori Duquette, Investment Compliance Officer; and Silvia Aviles, Financial Operations Principal.

The work and collaboration of WGFS continues to be guided by our mission: to create and preserve financial security for you, your family, your business and your employees. To learn more about how our RSP can support your goals, contact Matt Lewis, Vice President of Investments at [email protected].

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Our Next Move in Automation

October 28th, 2025

Over the past five years, Western Growers has made some big moves in automation.

Since launching the Global Harvest Automation Initiative (GHAI) in February 2021 in Tulare, Calif. with the goal of automating 50 percent of specialty crop farm labor in 10 years, Western Growers and our partners have made some meaningful progress on our automation efforts—but there is still lots of work to be done. Here are the highlights as we approach mid-field—the five-year mark on a 10-year program.

1. WG developed automation events to help growers and startups talk more. We have found more ways to get growers and automation startups into the best place for them to have real conversations—at live field demonstration and field trial events in the dirt with the people building and supporting the robots. First, we launched FIRA USA with our partners at GOFAR and UC ANR. We went to Fresno (2022), Salinas (2023) and Yolo County Fairgrounds in 2024 and 2025. Each year, we have added new robots and more growers started coming in part because as of 2024, growers get into FIRA USA for free. FIRA USA is a three-day conference with in-room content and live demos on production acreage. Second, we launched the Desert Difference with our partners at YCEDA. This is a two-day event focused specifically on desert growing conditions and solutions. These events have served as a launching pad for international startups like Ecorobotix and Niqo Robotics to enter the U.S. market and as a great starting place for sales conversations with growers.

2. WG developed WG Case Studies to help growers identify success stories. We understand that the biggest challenge for growers is not whether startups can build automation solutions that do the job. Rather, the big challenge is often whether it can do the job at economics that work for the grower. Based on that, we launched two case studies (and more are on the way) around specific automation solution providers—Carbon Robotics and Stout Industrial. For Carbon Robotics, after extensive data collection and analysis done in conjunction with Braga Fresh and JV Smith, we compared 3,200 acres of eight certified organic crop types in year one and found a total labor cost for weeding of $2.1 million, then looked at year two when the robot was added and the cost was $1.3 million. It turns out you pay for a Carbon Robotics LaserWeeder ($1.4 million and support and maintenance) by saving $800,000/year on labor weeding costs. Then we took it one step further and released grower economic templates to help growers do their own comparison, because the results will vary based on whether growers are weeding conventional or organic crops, domestic or H-2A labor and owning or leasing tractors to drive the weeding robots. The case studies help the growers understand what data to collect, and the economic templates help them understand how to analyze the data around an ROI opportunity.

3. WG partnered with Reservoir Farms to give startups a place to demo and trial. One of the biggest opportunities to help automation startups was to help them reduce the time and capital they needed to get to their first product. Many automation startups need $50 to $100 million in capital and five to seven years (or more) to get to commercial scale. One of the ways to reduce both of those numbers was to provide a real-world working farm, where startups could have shared R&D work space, shared ag equipment and shared acreage feet away from the R&D space. This is why WG is a key strategic partner for Reservoir Farms. Their initial facility provides all of the above with 40 acres of commercially grown crops in Salinas, and John Deere tractors are available to help the R&D teams test out their equipment any time they want on the crops they selected, grown the way WG members grow them. And once the machines work, they can use the acreage for demos for growers and partners like OEMs and distributors. Reservoir Farms and WG members working together can help startups achieve first product status in less time and with less capital.

WG did some analysis on the factors increasing the need for automation. First, we published two Global Harvest Automation Reports with Roland Berger to give a global view on automation efforts, what was working and not and what factors were having a positive impact (or not) on the growth of automation. Second, we collaborated with Professor Lynn Hamilton at Cal Poly on the labor economics created from regulatory cost increases on specialty crop growers—from $109/acre/year in 2005 to $1,600/acre/year in 2024. In addition, Hamilton helped us determine, that for the 850 million hours of farm labor California growers hire, two-thirds are for harvest and one-third are for non-harvest
(weeding, thinning, spraying, harvest assist, planting) with a high variance by specialty crop type (i.e. strawberries are 80-90 percent harvest with long harvest windows).

5. Four-year checkpoint—2-3 percent of non-harvest is automated but 0 percent of harvest. We decided at the year four mark to see how we were doing against our 50 percent automation objective. The short version is that we must split automation into two segments: harvest and non-harvest. For non-harvest, we believe that as of 2024, 2-3 percent of farm labor has been automated, and we see a clear path forward to turn that number into 15-20 percent (with upside if additional startups begin to scale) in the next five to seven years. For harvest, the results are vastly different. So far, nobody has been able to create an automation harvester for specialty crops that has reached commercialization at scale—we are effectively at 0 percent automation at this point with some promising technology out there, but nobody starting to scale in earnest. Many startups have struggled to get the right combination of robotic hand and software that can pick crops gentle enough and put them in a container without damaging them, and at the same time. AgriFoodTech VC is down 80 percent in four years and much of the capital is going to non-harvest because it is working. We are taking a new approach to try and make progress on harvest automation without venture capital.

6. In 2026, WG will launch a grower capital collaborative approach to harvest. We are still working through a lot of details, but we have decided to launch an RFP process around iceberg lettuce harvest automation. This project will have multiple phases, including a collaborative product requirements document (PRD) developed in collaboration with growers and innovators, a request for proposal (RFP) to determine the best go-forward R&D and strategic options and then more collaboration with manufacturers to build the machine once R&D is completed. This will be a completely grower-funded initiative with no venture capital participating, and growers that put up the early risk capital will receive four primary benefits: (1) input into the R&D and strategic design process; (2) shared risk capital—the risk will be spread out among multiple grower organizations; (3) most-favored nation (MFN) pricing status; and (4) exclusivity over a fixed period of time (expected to be two to three years). Once exclusivity is over, the equipment designs will be available to all via open source and all growers can work with manufacturers they choose to get the machines into their operation. It’s an exciting new direction that involves a fair amount of risk, driven in part by the need to figure out harvest alternatives in an environment where there are no current success stories and venture capital has been reduced significantly, with little chance of it coming back to 2021 levels any time soon. Look for more information from us as we work through the details on this project.

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Examining SB 54’s Timeline in the Wake of Gov. Newsom’s Pause

October 28th, 2025

California agriculture has long been a powerhouse of innovation—delivering scientific and technological breakthroughs that have transformed not only how we grow food, but also how we think about sustainability, efficiency and resilience. There’s an old saying: “If you get too good at something, you’ll be asked to do more of it.” Well, California ag, you were too good. You solved hard problems—soil health, water use, labor efficiency, yield optimization—and now, all eyes are on you again. This time, to help solve the nation’s recycling and packaging challenges.

So, while we fully agree with CalRecycle that farmers, packers and shippers are not SB 54 “producers” in the legal sense, we also know the ag industry won’t sit on the sidelines. California ag will do what it has always done: lead. We’ll support packaging transitions that protect food safety and quality, that are truly sustainable (not just greenwashing) and that offer cost-effective solutions for the entire supply chain, including the end customer.

2025 Key Highlights

As we get closer to wrapping up 2025, we can proudly say we made some positive impacts to California’s SB 54 (Allen, 2022) “Plastic Pollution Prevention and Packaging Producer Responsibility Act” regulatory landscape. Today, we are closing in on a full year past the statutory deadline, and that is a win. It has been 10 months more than we thought we had to voice our concerns, develop solutions and continue communication with CalRecycle leadership and legislators. This extra time has allowed us to sharpen our tools, hone in on where the wins are, seek legal counsel and prepare for future packaging fights.

  • March 7, 2025: Gov. Gavin Newsom told CalRecycle to redo the regulations.
  • June 3, 2025: California Department of Food and Agriculture (CDFA) held an informational session to hear updates from agricultural organizations, policy experts and business groups concerning plastic packaging regulations.
    • CDFA Secretary Karen Ross stated: “We need to reduce plastic pollution in our environment. At the same time, we must consider opportunities and pathways for California’s farmers and ranchers that advance a circular economy and allows for packaging innovation that maintains quality and safety of fresh food products.

Regulations Prior and After the Governor’s Redo Directive: March 7, 2025

In December 2024, CalRecycle was working hard to publish their final SB 54 Draft Regulations to meet their statutory deadline of Jan. 1, 2025. Well, that didn’t happen, and thank goodness.

SB54 Draft Regulations Details from After the Redo Directive: A Few Examples

1. Updated regulations align more closely with the statutory language of SB 54.
a. Most importantly, it clearly states that packaging necessary to comply with federal rules, regulations and guidelines are not covered material.
b. Allows businesses to apply to CalRecycle directly for categorical exclusions and exemptions rather than with the Producer Responsibility Organization (PRO).
2. Option for CalRecycle to consult with CDFA and
the California Department of Public Health (CDPH) regarding categorical exclusion determinations.
3. Reduced total program costs ($36 billion to $21 billion).
4. Lessened administrative burdens for producers
(“monthly” reporting requirements of producers and the PRO to an annual reporting framework).
5. Section added that highlights empty packaging materials are not considered single-use plastic or covered materials for the purposes of this regulation.
6. Addition of alternative Phase-in Plans directly with CalRecycle for exemptions.

What’s Next?

Western Growers submitted comments to this latest Draft Regulation on Oct. 7, 2025. WG also had a meeting with CalRecycle’s Director Zoe Heller on October 8 to discuss the issues that remain, and they are still considerable.

  • CalRecycle may:
    -Make substantive changes to the current Draft Regulations, prompting another 15-day comment period.
    -Make no changes.
    -Make minor technical changes, not prompting another comment period.
  • Once CalRecycle publishes their final SB54 Regulation, producers will have 30 days from the publication date to register with CalRecycle.
  • PRO will submit their plan to the SB54 Advisory Board (Circular Action Alliance [CAA] estimates mid-2026 for submission). Then the PRO Plan will go on to CalRecycle with advisory comments for their review, and public comments.

While we await the release of the final SB54 Regulations, likely in late December 2025, we sit with both hope and uncertainty.

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The Data Dilemma: Is Data Driving Food Safety or Watching it Fail?

October 28th, 2025

We live in an era where we recognize that data is currency, enormously valuable and spoken about with such grandeur and mystique that it might as well be the Holy Grail…or perhaps Pandora’s Box. Food safety data has that aura – it draws us in, tempts us with the idea that more data will solve our most elusive challenges. But does current food safety data offer these outcomes?

Current systems for food safety are trapped in the box of compliance – checklists, audit scores, deviations and repetitive corrective actions. Yet, if there is one thing I have learned, compliance data does not equal risk data. I have seen flawless compliance programs fail catastrophically, while horrible compliance systems never falter into a crisis. Here’s the main point — food safety risk doesn’t care what your checklist performance is, or your last audit score. Risk can be independent of compliance. Risk doesn’t need to be measured to exist, but measuring it is an essential first step to resolving it.

And therein lies the conundrum – leaning more strongly into “compliance data” as if it were “risk reduction data” is unlikely to unlock sweeping solutions in produce safety.

Don’t misunderstand me, compliance data has its place. It verifies adherence to standards and provides measurable metrics as evidence of best practice controls. These are all critically important. But compliance data primarily does one thing — it lets you know if you are meeting the program, standards and/or regulations you’ve chosen to follow. When we talk about food safety promises from big data, we must recognize
that solutions will come from the right data, and that checklist data will likely leave us wanting.

Where do we start on our quest to remove food safety risk with big data? As with most grand journeys, we start at the beginning – critically thinking about what we are trying to do, and what risk we are trying to remove. We don’t start with more compliance data since it will not magically lead to intentional risk-reduction outcomes.

Does overlap between compliance and risk-reduction exist? Of course. Much of the compliance data is collected around the hazards, factors and practices that matter for risk. But the overlap is incomplete. We usually miss critical data elements and continuous streams of measurement that allow us to visualize risk – capturing its dynamic, variable and context-dependent nature. The opportunity in big data lies not in checklists, but in systems capable of capturing the right signals at the right time and resolution. With this data, we can move past checklists and illuminate paths forward that prevent failures from occurring.

Western Growers’ GreenLink®, and our broader data efforts, represent much more than compliance. It’s our collective effort to leave the reactive compliance loop – unlocking a risk-based and sustainable solution to fresh produce food safety. Where are we going? Anywhere we choose…and that choice, powered with the right data, is where the true promise of food safety innovation lies.

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Finally, A Real Break for American Agriculture

October 28th, 2025

For years, the Adverse Effect Wage Rate (AEWR) has been the single biggest policy lever driving H-2A labor costs up while squeezing growers’ margins. Since 2005, the average AEWR has roughly doubled. That run-up was untethered from job requirements and blind to the value of housing that H-2A employers are legally obligated to provide. The Department of Labor’s (DOL) new interim final rule, effective Oct. 2, 2025, finally fixes both problems, and it deserves praise.

This is the most important positive correction to H-2A economics in a generation. If it holds, it will restore balance to a system that was pricing out lawful, domestic food production.

The rule’s core ideas are simple and sensible.

First, the new rule uses Bureau of Labor Statistics’ Occupational Employment and Wage Statistics (OEWS) data and sets wages in two skill tiers tied to the duties and qualifications in the actual job offer. In California, for example, most farm jobs will slot into Level 1 at $16.45 or Level 2 at $18.71 per hour. Add the new $3.00 housing adjustment (more on that below) and the wage for most H-2A field jobs lands at the state minimum wage of $16.90, down from $19.97 in 2025. Occupational titles that fall outside the “big five” (formerly “big six”) like drivers and mechanics, will generally price a bit higher under Level 2. But pay will be tied to real job content, not to a stray high-skill task, and fixes the old “highest duty wins” distortion. The new rule uses a “majority of the workdays” test, which still needs to be fleshed out.

Second, for the first time, the wage calculation recognizes a fact that is well understood, but not heretofore appreciated: H-2A employers build, maintain or rent housing that would cost workers real dollars in the market. Treating that zero-cost benefit as worth nothing never made sense. The new housing adjustment factors that value into what employers must pay in cash when housing is provided to H-2A workers. Wages must still clear statutory protections, and workers remain whole. But the rule stops pretending that a free bed, utilities and transportation to work aren’t valuable.

These two changes move AEWRs toward what the law actually requires: preventing adverse effect on the wages of U.S. workers similarly employed, while keeping the program usable. Courts have long recognized that DOL has room to choose a reasonable methodology to meet that mandate. The new rule sticks to reliable labor-market data, ties pay to actual job content and accounts for non-wage benefits that the program itself mandates. DOL is on solid legal ground.

Critics will say this is a giveaway to employers. It is not. It is a correction to a policy that had drifted far from reality. When a wage floor increases over 21 percent in five years with no link to skills or total compensation, the result is not fairness. It is consolidation, fewer domestic acres and more imports. Rebalancing AEWRs toward skills and total comp pushes in the other direction. It keeps jobs in the U.S., supports farm communities and protects consumers from higher prices caused by policy, not by productivity.

Labor advocates will likely sue to block the rule. We have seen this movie. Litigation followed the last several attempts to rationalize AEWRs. The difference this time is the Department’s footing. By choosing a transparent, skill-based structure grounded in OEWS data, and by acknowledging the value of employer-provided housing, DOL is executing the discretion Congress gave it to prevent adverse effect without destroying program usability. That is the right reading of the statute, and it is consistent with modern administrative law. Western Growers will join industry allies to help defend the rule in court.

Credit where credit is due. The Administration heard industry’s concerns and took a tough, politically noisy problem and produced a workable fix. It targeted the right pressure points, kept worker protections intact and gave growers a fighting chance to compete with imports that do not face American labor standards. This is not an academic rewrite. It is a practical re-set that can halt the offshoring of our produce aisle. And when the nation’s farm workforce policy aligns with economic reality, consumers win at the checkout line.

Now the job is to keep it. The rule needs a strong legal defense and prompt, predictable implementation. Western Growers stands ready to support both.

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Western Growers Releases Third Agtech Case Study

October 28th, 2025

The Western Growers Center for Innovation and Technology (WGCIT) has published its third of an ongoing series of case studies, analyzing the real grower costs and savings associated with the installation of an automated irrigation management system on 400 acres of processing tomatoes at Terranova Ranch.

Faced with mounting water and labor pressures, Terranova Ranch has turned to smart irrigation technology to keep its 6,000-acre Central Valley operation efficient and sustainable. Partnering with rural broadband provider Cal.net, the farm implemented an automated irrigation management system that cut water use by more than one-third while reducing operating costs and labor demands.

In this case study, Terranova’s pilot project showed dramatic results—a 34 percent reduction in water use in the first year, translating to $22,420 in annual water savings. Combined with reduced field visits and vehicle costs, total savings in the first year reached $61,244.

“Water is one of our key economic drivers here on the farm,” said Don Cameron, Vice President and General Manager of Terranova. “Any time we can be more efficient—be more accurate with what we do—benefits us in the long term.”

To see this and other Western Growers case studies, click here.

The CIT is offering an investment assessment for any operation interested in the ROI of automation equipment. For more information or to ensure notification of future CIT case studies, reach out to the Innovation team at [email protected].

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

October 27th, 2025

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

The issue features the articles, “Innovation Determination,” “Introducing the Sustainable Produce Packaging Alignment Initiative (SPPA)” and “Finally, a Real Break for Agriculture.” You can also read President and CEO Dave Puglia’s column, “A Moth, A Tractor and the Bigger Picture.”

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

 

 

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Best Practices: Workplace Investigations

October 24th, 2025

Many state and federal laws require an employer to investigate employee complaints in a timely manner (e.g., California Fair Employment & Housing Act, Title VII, ADA/ADAAA). Prompt and thorough investigations ensure accurate recollections and give the employer the opportunity to quickly take all appropriate corrective actions.  

The first steps taken by an employer in any investigation are crucial. Securing information, maintaining confidentiality, and providing any necessary alleged victim protections are important first steps an employer should take after receiving any complaint. According to the California Department of Fair Employment and Housing (DFEH), to comply with the state’s legal mandate that to, “take reasonable steps to prevent and correct wrongful (harassing, discriminatory, retaliatory) behavior in the workplace, employers should take the following basic steps:  

  • Review all relevant company policies implicated by the alleged conduct.  
  • Provide ‘Due Process’ by striving to be fair to all parties during the investigation:  
    • Start the interview process by conducting a thorough interview with the complaining party.
    • Provide the accused party with an equal opportunity to be heard and to tell their side of the story.  
  • Follow up these first two interviews with relevant witness interviews and a review of any important or related documents.  
  • Consider what other steps might be taken that would allow the employer to gather all the facts (e.g., visit the worksite, review video, take pictures).  
  • Reach a reasonable and fair conclusion, based on the information collected, reviewed, and analyzed during the investigation, as to whether a violation of company policy has occurred.  

Many state and federal laws require the employer to advise complainants of the outcome of any investigation. This does not necessarily require full disclosure of the exact disciplinary steps taken—or not taken. A general statement indicating a full investigation was conducted and a conclusion reached (e.g., proof of misconduct or no proof of misconduct) and if applicable, that remedial measures have been taken should suffice. This is also an opportunity to follow up with the complaining party to be sure the problem has been resolved and they have not experienced any retaliatory conduct. 

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CA Expands EDD Paid Family Leave Program Benefits

October 24th, 2025

California’s newly signed SB 590 expands the state’s Employment Development Department’s (EDD) Paid Family Leave program to include replacement benefits for individuals who take time off of work to care for a seriously ill designated person. Existing EDD Paid Family Leave benefits provide temporary wage replacement benefits for workers who take time off for prescribed purposes, including to care for a seriously ill family member.  

Employers across the state are already familiar with concept of a ‘designated person’ as several years ago the California Family Rights Act was amended to add a ‘designated person’ – a individual with a blood or family-like relationship with the employee – to its statutory definition of family member. Beginning July 1, 2028, the definition of family member under the Paid Family Leave program will be similarly amended to define a ‘designated person’ as “any care recipient related by blood or whose association with the individual is the equivalent of a family relationship.” 

Individual’s requesting family temporary disability insurance benefits for the first time to care for a designated person will be required to identify the designated person and, under penalty of perjury, attest to how the individual is related by blood to the designated person, or how the individual’s association with the designated person is the equivalent of a family relationship. 

Employers can find out more about EDD’s Paid Family Leave program by visiting EDD’s website or its Paid Family Leave portal.  

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On the Horizon: New Pay Data Reporting Obligations

October 24th, 2025

Recent legislative changes under California’s SB 464 are set to expand pay data reporting obligations for private employers with 100 or more employees. The state’s Civil Rights Department (CRD) currently requires employers to submit annual reports detailing employee numbers by race, ethnicity, and sex across 10 job categories. These reports also require pay data segmented by federal pay bands and demographic characteristics, including the median and mean hourly rates and total hours worked for each group. 

SB 464 introduces several important updates: 

  • Separate Demographic Data Storage: Employers must collect, and store demographic information used for pay data reporting separately from personnel records. 
  • Expanded Job Categories: Starting January 1, 2027, the number of job categories for reporting will increase from 10 to 23, requiring more detailed workforce data. 
  • Mandatory Penalties: Courts are now required to impose civil penalties on employers who fail to file the required report when requested by the CRD, making compliance even more critical. 

To remain compliant and prepare for expanded reporting requirements, employers should consider the following next steps:  

  • Take immediate action to ensure that any demographic information gathered for reporting is stored separately from personnel files. 
  • Begin assessing your workforce and data systems to accommodate the expanded job categories and make all necessary adjustments to existing reporting processes to avoid last minute adjustments that might make meeting the new January 1, 2027, deadline challenging.  
  • Set up regular reminders and assign responsible personnel to ensure timely submission of pay data reports, thereby avoiding the new mandatory per employee civil penalties.  

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Western Growers Advocates for Agtech at FIRA USA 2025

October 22nd, 2025

Western Growers’ Senior Vice President of Innovation, Walt Duflock, was a featured speaker in the California AgTech Alliance press conference at FIRA USA 2025 on Wednesday, October 22. The Alliance serves as a platform to coordinate regional innovation hubs, support commercialization and build a skilled workforce ready for the next generation of agtech.

Duflock, who is also co-chair of the Alliance’s Industry Advisory Board, addressed technology adoption challenges and the value of coordinated statewide leadership.

“Technology isn’t the bottleneck, adoption is,” said Duflock. “Growers need proof these tools work, training to use them and confidence they’ll deliver ROI. The Alliance removes those barriers by putting industry at the center of development, ensuring we build solutions farmers will actually use.”

This press conference marked the official launch of the Alliance and its first-year initiatives, including $2 million in innovation grants to advance on-farm technology pilots and regional collaboration.

As one of its key strategic partners, Western Growers also participated in a press conference from Reservoir Farms, a first-of-its-kind on-farm robotics incubator. CEO and Managing Partner of The Reservoir, Danny Bernstein, gave an extensive update on progress being made at the incubator just one year after announcing its launch at FIRA USA 2024. Bernstein said their field trials are the heart of Reservoir.

“They’re designed with UC Davis to ensure academic rigor, consistency and grower trust,” said Bernstein. “Every trial follows our validation framework: data integrity, grower validation, academic oversight and quarterly progress to our Innovation Committee.”

Some residents of the Reservoir include top leaders in the industry including Tanimura & Antle, Driscoll’s, Naturipe Berry Growers and John Deere.

Reservoir Farms will be hosting an Open Farm Day on Friday, Oct. 24, 2025, at 11 a.m. at their incubator in Salinas, Calif. Attendees will be able to walk the fields, see early infrastructure and meet some of the startups shaping 2026. The event is open to FIRA attendees.

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Get a Free Soil Test from the Soil Health Institute

October 22nd, 2025

Find out how healthy your soil is and how healthy it can become by taking part in a study by the Soil Health Institute (SHI). Through November 15, SHI is collecting soil samples from farms primarily in Merced, Fresno, Kings, Tulare and Kern counties. Participating growers will receive: 

  • Comprehensive soil health and carbon stock report 
  • $100 check following a farm visit and an interview about the fields sampled 

Contact Mireya Ortega at [email protected] or (720) 327-9913 to learn more. 

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Integrating Sustainability Practices – What Does it Mean for Food Safety? 

October 22nd, 2025

There is an active group of industry growers, researchers, non-profits, buyers, food safety auditors/certifiers that comprise the Coalition of Food Safety & Sustainability. This group is grassroots, built from the ground up and regularly meets to address the interface between the practice of fresh produce food safety and agricultural sustainability practices. Our mission is to find ways to move this concept forward – optimizing outcomes for both food safety and sustainability. Why? We want to see agriculture thrive, sustainably producing crops and supporting the businesses that feed us. It’s the passion of all in the Coalition, and our efforts are focused on how we can merge sustainability and food safety goals, build community between sustainability-minded folks and food safety teams, and align market requirements to ultimately make sustainable safe food.  

There often is a perceived (and sometimes real) conflict between sustainability practices and food safety. In sustainability, we think a lot about organic inputs, feeding the soil, providing habitat for improved biodiversity, using compost, etc.  Some of these can seem like, or do, come with a level of food safety risk (think foodborne pathogens). But we produce crops in complex agricultural systems, and it’s not as simple as just eliminating or managing one component since it is only one piece in a broader ecosystem. For example, for years, one school of thought was to remove natural vegetation and habitat around the field to help ensure that wildlife isn’t close, or wandering into, our production fields. It’s a straightforward solution for the desired outcome – just remove where the animals could live, and they won’t be near the field anymore. The problem is that biological systems don’t work that straightforwardly. These animals won’t just disappear – they have to move somewhere for food, shelter and water. The nearest source of that food and water might just be a grower’s field. In this example, the desire for safety led to the opposite and least desired outcome, and the instability shifted towards increased food safety risk and not away. 

In complex systems like an agricultural field, growers make many choices about their crops, their environment and their agronomic practices. It is both a practice and a science of finding balance, studying the overall system, and finding stability in a highly complex agricultural system in order to optimize all outcomes.  

Can practices like compost use, increased habitat, cover-cropping, etc. be used without increasing the risk of a food safety event? Of course – in fact, they often need to be used to address the sustainability of our fields for years to come.  Managing the potential food safety risks with any practice (including sustainable ones) is possible, and as with all practices (sustainable or not), it just requires diligence, thought and planning. 

Join the Coalition 

The Coalition of Food Safety & Sustainability brings together individuals and organizations passionate about making this integration real. Our work focuses on: 

  • Spreading awareness and reframing the dialogue around sustainability and food safety. 
  • Building community between sustainability practitioners and food safety professionals. 
  • Advancing science to understand and mitigate potential risks associated with sustainable practices. 
  • Aligning market and audit requirements so that sustainability and safety goals reinforce, rather than compete with, one another. 

If you care about the future of safe, sustainable agriculture — join us.
 

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Western Growers Science at the 2025 Organic Grower Summit

October 22nd, 2025

The Organic Grower Summit (OGS) returns December 3-4, in Monterey, Calif., bringing together organic producers, suppliers and innovators to explore the latest trends and technologies shaping the future of organic agriculture.

This year, Joelle Mosso, AVP of Science Programs at Western Growers, is helping guide the event as a member of the OGS Advisory Panel, a group of thought leaders and changemakers working to shape meaningful conversations for the industry.

In addition, Joelle will moderate the session “Food Safety vs. Biodiversity: Can Organic Farms Have Both?”, a lively and solutions focused discussion that dives into one of organic farming biggest challenges: how to balance food safety regulations with biodiversity practices.

Its conversations like these that move the industry forward. Learn more about the Organic Grower Summit here.

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Irrigated Lands Regulatory Program: Agenda for the Oct. 31 Meeting

October 20th, 2025

The State Water Resources Control Board (State Water Board) will hold the second plenary meeting of the Second Statewide Agricultural Expert Panel on Friday, Oct. 31 from 10 a.m. to 4 p.m. PST.

This meeting is to develop initial recommendations in response to the Panel charge questions.

Registration is required.

The Meeting Agenda can be found here.

For additional questions, please email [email protected]. 

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New California Law Targets Worker Repayment Agreements 

October 17th, 2025

California’s AB 692, signed into law on October 13, 2025, and effective January 1, 2026, will make it unlawful to include in any employment contract, or to require a worker to execute as a condition of employment or a work relationship, a contract term that does any of the following: 

  • Requires the worker to pay an employer, training provider, or debt collector for a debt if the worker’s employment or work relationship with a specific employer terminates. 
  • Authorizes the employer, training provider, or debt collector to resume or initiate collection of or end forbearance on a debt if the worker’s employment or work relationship with a specific employer terminates. 
  • Imposes any penalty, fee, or cost on a worker if the worker’s employment or work relationship with a specific employer terminates. 

Under the new statute, any contract including such terms would prevent an individual from participating in a lawful profession, trade, or business, and will therefore be considered void under public policy. 

The statute does make exceptions for certain types of contracts, including, but not limited to the following:  

  • A contract for any loan repayment assistance program or loan forgiveness program provided by a federal, state, or local governmental agency. 
  • A contract related to the repayment of the cost of tuition for a transferable credential that meets all the following requirements:
    • The contract is offered separately from any contract for employment. 
    • The contract does not require obtaining the transferable credential as a condition of employment. 
    • The contract specifies the repayment amount before the worker agrees to the contract, and the repayment amount does not exceed the cost to the employer of the transferable credential received by the worker. 
    • The contract provides for a prorated repayment amount during any required employment period that is proportional to the total repayment amount and the length of the required employment period and does not require an accelerated payment schedule if the worker separates from the employment. 
    • The contract does not require repayment to the employer by the worker if the worker is terminated, except if the worker is terminated for misconduct. 
  • A contract related to enrollment in an apprenticeship program approved by the state’s Division of Apprenticeship Standards. 
  • A contract for the receipt of a discretionary or unearned monetary payment, including a financial bonus, at the outset of employment that is not tied to specific job performance, provided that all the following conditions are met: 
    • The terms of any repayment obligation are set forth in a separate agreement from the primary employment contract. 
    • The employee is notified that they have the right to consult an attorney regarding the agreement and are provided with a reasonable time period of not less than five business days to obtain advice of counsel prior to executing the agreement. 
    • Any repayment obligation for early separation from employment is not subject to interest accrual and is prorated based on the remaining term of any retention period, which shall not exceed two years from the receipt of payment. 
    • The worker has an option to defer receipt of the payment to the end of a fully served retention period without any repayment obligation. 
    • Separation from employment prior to the retention period was at the sole election of the employee, or at the election of the employer for misconduct. 

AB 692 allows a private right of action for violation of the statute which can be brought by the employee, or a worker representative bringing an action on behalf of the employee, other persons similarly situated, or both. Penalties under the statute include liability for actual damages sustained by the worker or workers on whose behalf the case is brought, or $5,000 per worker, whichever is greater, in addition to injunctive relief, and reasonable attorneys’ fees and costs. 

Before January 1, 2026, employers should consider the following: 

  • Review Agreements That Contain Repayment Terms: Carefully review all employment contracts, apprenticeship agreements, and any documents related to discretionary or unearned payments to ensure they do not include any prohibited terms or conditions.  
  • Implement Notification and Consultation Procedures: Establish a standardized process that allows employees and applicants a reasonable period of time to review and seek legal guidance before signing any repayment agreement. Ensure the process is consistently followed and includes a notice provision and guidance on documenting the process.  
  • Train HR and Management Teams on Compliance and Enforcement: Provide training to HR and management teams on AB 692’s restrictions, including the prohibition on accelerated repayment schedules, interest accrual, and the conditions triggering repayment. To provide a complete picture of the risk for non-compliance, be sure to include information on potential penalties and the private right of action available to employees. 

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California’s SB 642 Revises the State’s Equal Pay Act

October 17th, 2025

Signed into law on October 8, 2025, California’s SB 642 updates the state’s existing Equal Pay Act (the Act) effective, January 1, 2026. Generally, the Act imposes varying requirements on employers to share pay-scale information in job postings and with applicants as requested. Changes under SB 642 include redefining the terms “pay scale,” “sex,” “wages,” and “wage rates,” extending the statute of limitations for commencing a civil action to recover wages, and providing guidance on what constitutes a violation under the Act.  

What Does it Mean 

The Act currently defines “pay scale” as the salary or hourly wage range that the employer reasonably expects to pay for the position. SB 642 revises this definition to make clear the term means, “a good faith estimate of the expected wage range that an employer reasonably expects to pay for the position upon hire.” 

Existing law prohibits an employer from paying its employees at wage rates less than the rates paid to employees of the opposite sex or another race or ethnicity for substantially similar work, except under specified circumstances. SB 642 clarifies that employers are prohibited from paying employees at wage rates less than the rates paid to employees of “another sex” instead of the “opposite sex.” This change brings the Act into alignment with the state’s Fair Employment and Housing Act.  

The statute now also defines – for purposes of the Act only – “Wages” and “wage rates” as all forms of pay, including, but not limited to, salary, overtime pay, bonuses, stock, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits.  

The Act’s current statute of limitations to bring a civil action to recover wages is no later than 2 years after the cause of action occurs or, if the cause of action arises out of a willful violation, no later than 3 years after the cause of action occurs. SB 642 extends the limitations period to no later than 3 years after the last date the cause of action occurs and allows an employee to obtain relief for the entire period of time in which a violation exists, up to 6 years. Further revisions make clear that a cause of action occurs when: 

  • an alleged unlawful compensation decision or practice is adopted; 
  • an individual becomes subject to the decision or practice; or  
  • an individual is affected by the application of the decision or practice.  

To prepare for the statute’s January 1, 2026 effective date, employers should consider the following: 

  • Updating the company’s current pay transparency policies and processes to ensure they include the statutes updated definitions for “pay scale,” “sex,” “wages,” and “wage rates; and 
  • Reviewing the company’s current record retention policies to ensure all relevant wage records are being retained to account for the Act’s updated statute of limitations period is also essential.  
  • Providing updated training to human resources and management personnel regarding the new requirements. 

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California’s New Workplace Know Your Rights Act: What Employers Need to Know

October 17th, 2025

California’s SB 294, officially titled the Workplace Know Your Rights Act (the Act), was signed into law on October 12, 2025. The Act aims to ensure that California employees are fully informed of their rights in the workplace, particularly in areas involving labor protections, immigration-related inspections, union activity, and constitutional rights during law enforcement interactions. 

The Act requires the California Labor Commissioner to develop and post a Notice template on its website for employer use on or before January 1, 2026, and to post and update the template annually thereafter. Employers will be required to begin providing the notice to employees as of February 1, 2026. The Act also requires the Labor Commissioner, on or before July 1, 2026, to develop resource videos for employees and employers advising them of their rights. The Act further requires the Agricultural Labor Relations Board to provide specified input for the Notice template and videos regarding workers rights to organize, form, join, or assist a union, engage in collective bargaining, and participate in concerted activities for mutual aid or protection.  

What Does it Mean 

  • Annual Written Notice Requirement: Employers must provide a stand-alone written notice – provided by the California Labor Commissioner – to each employee by February 1, 2026, and annually thereafter. The notice must include information on: 
    • Workers’ compensation rights 
    • Protections against unfair immigration-related practices 
    • Rights to unionize and engage in concerted activity 
    • Constitutional protections under the Fourth and Fifth Amendments when interacting with law enforcement at work 
  • New Hire and Representative Notification: The same notice must be given to new hires during the onboarding process and to any authorized employee representative (e.g., union) annually. 
  • Multilingual Accessibility: Notices must be provided in the language the employer typically uses to communicate with the employee, assuming the Labor Commissioner has made the template available in that language. 
  • Emergency Contact Notification: Employers must allow employees to designate an emergency contact to be notified in case of arrest or detention at the worksite or during work hours. This must be offered by March 30, 2026, for current employees and at the time of hiring for new employees. 

The Act provides protection against retaliation for employees exercising their rights under the new law and significant penalties for employer noncompliance: 

  • Up to $500 per employee per violation; and 
  • For violation of the emergency contact requirement, up to $500 per employee for each day the violation occurs, up to a maximum of $10,000 per employee. 

Next Steps for Employers 

  • Monitor Updates: Employers should monitor updates from the Labor Commissioner’s office ahead of the January 1, 2026 and July 1, 2026 deadlines, and consult legal counsel to ensure full compliance with all new notice requirements. 
  • Prepare for the February 1, 2026, Deadline: Begin planning now for how your organization will distribute the Notice to your employees and their representatives. 
  • Update Onboarding and HR Systems: Integrate the Notice into your new hire onboarding process and ensure your HR systems can track annual distribution and maintain records for at least three years. 
  • Implement Emergency Contact Protocols: Develop a process to collect, store, and act on emergency contact information, including employee preferences for notification in case of arrest or detention. 

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Western Growers Nexus: Where Food Safety Expertise Meets Collective Action 

October 15th, 2025

The Western Growers Nexus is an upcoming educational and professional development program designed to advance the practice of food safety risk management in the fresh produce industry. Spearheaded by Joelle Mosso, AVP of Science Programs, and the Western Growers Science team, Nexus will bring together professionals from across the supply chain to learn, collaborate and apply science-based approaches to real-world challenges. 

Applications are now open for the inaugural cohort. Enrollment is free for Western Growers members, and all levels of food safety professionals are encouraged to apply. 

For more information about this upcoming program click here, or contact Joelle Mosso at [email protected]. 

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