Your Voice Matters: Submit Feedback on FDA Food Traceability Guidance Before May 21

February 25th, 2026

The Food Traceability Final Rule under FSMA Section 204(d) compliance date was originally scheduled for January 2026, but it was extended to July 2028. Under the FDA’s 2026 federal funding legislation, no appropriated funds may be used to enforce the rule until July 2028, provided the FDA meets specific conditions. On February 19, 2026, FDA issued updated Questions & Answers guidance clarifying key aspects of the rule, with important implications for the fresh produce sector.

This updated Questions & Answers guidance aims to address stakeholder questions on implementing the Food Traceability Rule. The guidance clarifies important topics for the fresh produce sector, including applicability to farms and retail entities, activities such as initial packing and transformation, exemptions and traceability plan and recordkeeping expectations. The draft guidance is now open for public comment under Docket FDA-2025-D-2837, with comments accepted through May 21, 2026.

FDA also announced a series of quarterly stakeholder engagement sessions, organized with the Partnership for Food Traceability (PFT), to gather input on implementation challenges and explore practical flexibilities. The first session will take place on March 6, 2026, for PFT members, with a public session planned for a later quarter.

Western Growers, a member of the PFT, continues to share member feedback highlighting that many challenges stem from downstream implementation variability, including buyer-specific system requirements and inconsistent lot-level expectations. The Science team continues to gather feedback from members and invites members to engage. To assist members, Western Growers developed the Traceability Guidance Document, outlining practical compliance pathways and will continue to update members.

For questions, comments or concerns, please reach out to Sonia Salas at [email protected] directly. We are actively preparing formal comments and are currently gathering valuable feedback from Western Growers members to help shape our submission. Your input is important and will play a key role in ensuring our collective voice is represented.

 

California Bill Would Boost H-2A Wages 

February 26th, 2026

California Assembly Bill 2646 was developed by the UFW and introduced by Assemblywoman Maggy Krell (D-Sacramento) in the legislature on February 20, 2026. If enacted, it would set a minimum hourly rate of $19.75 for certain agricultural workers beginning January 1, 2027, with an automatic cost-of-living adjustment each January thereafter. The requirement would apply to two categories of workers: “approved agricultural employees” and “corresponding employees.”  

Who would be covered 

  • Approved agricultural employees are defined as individuals engaged in agriculture who live outside California and are permitted to work in the state on a temporary or seasonal basis through a job order or application approved by state agencies. This definition effectively targets the H-2A program, because only out-of-state, temporary farmworkers come under H-2A certifications and permits. 
  • Corresponding employees are California residents or other workers who perform the same or substantially similar work as an approved agricultural employee. That means domestic workers doing the same jobs would also get the higher wage. 

Why this matters to H-2A employers 

AB 2646 appears calibrated to respond to the U.S. Department of Labor’s recent Interim Final Rule (IFR) on H-2A wage methodology, which in many cases reduced H-2A wage rates paid in California. The base wage rate of $19.75 matches California’s adverse effect wage rate (AEWR) for 2024.  The choice of terms like “approved agricultural employee,” instead of explicitly saying “H-2A worker,” seems intentional. It may be aimed at avoiding a straightforward federal preemption challenge if the law is tested in court. But simply avoiding the H-2A label is unlikely to shield the statute from a legal defense based on federal supremacy, given that the bill’s definitions and regulatory impact clearly target the H-2A program. Whether that strategy holds up under judicial review remains uncertain.  

Because the proposal is still early in the legislative process, its language could change before any final vote. But AB 2646 is part of a broader trend toward industry-specific wage laws in California, following similar frameworks in healthcare and fast-food sectors. 

Colorado’s SB26-121 Would Reset Ag Overtime Threshold

February 26th, 2026

Colorado’s SB26-121 has been introduced by Senate Majority Leader Robert Rodriguez (D) and Minority Leader Cleave Simpson (R) and, if enacted, would significantly change overtime rules for Colorado agriculture. 

What the Bill Would Do 

Under current law, adopted through Colorado SB21-087, most Colorado agricultural employers must pay overtime at time and a half after 54 hours in a workweek. Highly seasonal or small employers have been subject to a 56-hour threshold. Those thresholds were scheduled to tighten, and many operations saw the overtime trigger drop to 48 hours last year. 

SB26-121 would establish a uniform overtime threshold of 60 hours in a workweek for agricultural employees. 

In short, the bill would move Colorado back to a higher overtime trigger for farm labor.  

The bipartisan bill is additionally sponsored in the Colorado General Assembly by Majority Co-Whip Matthew Martinez (D) and Assistant Minority Leader Ty Winter (R), and it is reported to have the support of the Governor. 

Why This Matters to Growers 

Many specialty crop operations face compressed harvest windows driven by weather and market conditions. Lower overtime thresholds can increase costs quickly during those critical weeks. A 60-hour standard would provide more flexibility for longer workweeks when necessary, without triggering overtime as early. It would also help workers whose hours have been cut to avoid paying the costly overtime premium.  

At the same time, growers should keep in mind that overtime at 1.5 times the regular rate would still apply once the 60-hour threshold is exceeded. 

New DOL Proposal Could (Again!) Redefine Independent Contractor Status Under Federal Law

February 26th, 2026

On February 26, 2026, the U.S. Department of Labor’s Wage and Hour Division (DOL) announced a newly proposed rule that would determine when a worker may be classified as an independent contractor under the Fair Labor Standards Act and related federal laws.  

The newly proposed rule, if finalized, would rescind the current DOL 2024 Final Rule addressing the classification of independent contractors and replace it with an analysis for employee classification similar to the one adopted by the DOL in 2021. According to the DOL, the proposed rule would align more consistently with Supreme Court and federal circuit court precedent, and, in theory, make it easier to properly differentiate between employees entitled to protection under the Fair Labor Standards Act and those who work as independent contractors.  

If finalized, the proposed rule would also apply to the Family and Medical Leave Act and the Migrant and Seasonal Agricultural Worker Protection Act, both of which use the FLSA’s statutory definition of “employ.”  

Employers should keep in mind that federal rules do not displace state “ABC” tests for independent contractors (e.g., California), state-specific wage statutes and joint employment standards.  

The DOL’s proposed rule seeks to:  

  • Apply an “economic reality” test (as opposed to the current “totality-of-the-circumstances” test) to determine whether a worker is truly working for themselves as an independent contractor or should they be properly classified as an employee economically dependent on an employer for work. 
  • Identify and explain two “core factors” to help determine if a worker is economically dependent on an employer for work or independently employed: 
    • The nature and degree of control over the work. 
    • The worker’s opportunity for profit or loss based on initiative and/or investment. 
  • Identify other factors to help determine a worker’s status as an employee or independent contractor, including the amount of skill required for the work, degree of permanence of the working relationship, and whether the work is part of an integrated unit of production. 
  • Advise that the actual practice of the worker and the potential employer is more relevant than what may be contractually or theoretically possible; and 
  • Provide eight fact-specific examples applying the factors to real-life circumstances.  

Interested parties may submit comments on the proposed rule as follows: 

  • By mail: Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue, N.W., Washington, DC 20210. 

The comment period will close at 11:59 p.m. EST on April 28, 2026.  

 

Statewide Irrigated Lands Regulatory Program: Upcoming Ag Expert Panel Session on March 11

February 25th, 2026

The State Water Resources Control Board (State Water Board) will hold a public working group session for the Second Statewide Agricultural Expert Panel (Panel) on the following date:

Wednesday, March 11, 2026, from 2 p.m. PST to 6 p.m. PST

The session will facilitate Panel deliberations on issues relevant to the Panel charge questions, which ask the Panel to consider the approaches in State Water Board Order WQ 2018-0002, In the Matter of Review of Waste Discharge Requirements General Order No. R5-2012-0116 for Growers Within the Eastern San Joaquin River Watershed that are Members of the Third-Party Group (Eastern San Joaquin Water Quality Order) and State Water Board Order WQ 2023-0081, In the Matter of Review of General Waste Discharge Requirements for Discharges from Irrigated Lands Order No. R3-2021-0040 (Central Coast Ag Water Quality Order).

If you have additional questions, please email [email protected].

To view the public notice, click here.

Register for the Webinar: The Supreme Court Decision Overturning the IEEPA Tariff – March 6

February 25th, 2026

The February 10, 2026, Supreme Court decision has left many surprised with the rare repudiation of Presidential action. In overturning the IEEPA tariff, the Court has raised significant questions for agricultural producers, importers and retailers.

This webinar will break down what the ruling means in practical terms, including whether there will be refunds of the 12 to 14 billion dollars in duties collected, how much interest is payable with refunds and the process for filing claims. We will also examine the Administration’s immediate use of Section 122 of the Tariff Act of 1974 to impose a new 15% tariff, including which agricultural products may be exempt.

Join us for this timely webinar on Friday, March 6, 2026. Attendees will gain insight into how this decision may affect recently negotiated trade deals and what it signals about the future use of tariffs as a trade policy tool.

Webinar Details

The Supreme Court Decision Overturning the IEEPA Tariff: Implications for Western Agricultural Producers, Importers and Retailers
Friday, March 6, 2026
11:00 a.m. – 12:00 p.m. PT
Register here

Speakers

Les Glick, Director at Fennemore
Jason Resnick, Senior Vice President and General Counsel at Western Growers

What You Need to Know about Securing Disaster Relief – Join the Webinar

February 25th, 2026

The California Farm Service Agency (FSA) will host a webinar on Tuesday, March 10 for producers to learn more about the U.S. Department of Agriculture (USDA) Supplemental Disaster Relief Program (SDRP) Stage 2. The webinar is an important opportunity for producers with 2023 and 2024 disaster losses to ask FSA staff direct questions about the application process and understand its requirements.

The SDRP provides over $16 billion in supplemental assistance for agricultural producers nationwide that had losses from natural disasters in 2023 and 2024. Stage 2 addresses losses that didn’t trigger a previous payment and uninsured losses, giving producers broader access to disaster relief.

Stage 2 enrollment opened on Nov. 24, 2025, and runs through April 30, 2026.

To register for the webinar, click here.

Date: Tuesday, March 10, 2026

Time: 10 a.m. PST – 11 a.m. PST

Location: Virtual

The Stage 1 deadline is also April 30, 2026. Stage 1 opened July 10, 2025, and uses existing crop insurance and Noninsured Crop Disaster Assistance Program (NAP) indemnity data. To date, roughly $6 billion has been disbursed directly to U.S. producers through Stage 1.

Additional resources on both Stage 1 and 2 can be found now on the USDA SDRP website.

WG Member Early Bird Tickets Now Available for the 2026 Biological Summit

February 25th, 2026

Early Bird tickets for the Salinas Biological Summit, scheduled for June 23-24, 2026, in Salinas, Calif., are available for purchase, and Western Growers members are eligible for a discounted rate.

Presented by Western Growers and Wharf42, the two-day Summit brings together local and international industry experts, agricultural businesses and innovators to share knowledge, insights and best practices in science-based biological solutions. This year’s Summit is slated to be the largest and most encompassing to-date.

Click here to purchase your tickets today.

Western Growers Member – $295

Non-Western Growers Member – $495

Protecting FSMA Education & Outreach: Investing in Prevention

February 25th, 2026

Western Growers’ Science and Federal Affairs teams continue to work closely with allied trade associations to strengthen funding for food safety education and outreach. These efforts remain the most cost-effective tools for improving produce safety and advancing FSMA’s prevention-based framework.

Recent funding fluctuations have highlighted vulnerabilities in the national education and outreach infrastructure. Western Growers is advocating for consistent, predictable funding by restoring prior support for the Produce Safety Alliance (PSA) essential to sustaining trainer pipelines, supporting timely and consistent interpretation of FDA requirements and preserving multilingual outreach. We also support protecting and rebalancing Cooperative Agreement Program (CAP) funding to explicitly prioritize education and training, including direct grower support, hands-on training without burdensome approvals, supporting extension staffing and flexible training delivery models.

Outreach, education and technical assistance are not optional — they are core mission functions that enable compliance at scale and advance FSMA’s prevention goals. Western Growers will continue to champion public–private collaboration and engage with government partners as produce safety strategies evolve.

If you are experiencing challenges related to FSMA compliance or other regulatory requirements, we encourage you to reach out to the Western Growers Science team. We are here to support you with guidance and resources.

New Publication Highlights Cross-Sector Food Safety Collaboration 

February 24th, 2026

A new paper published in the March/April issue of the Food Protection Trends highlights a collaborative effort between the produce and animal protein industries to address contamination risks in agricultural production environments.  

The article, “The Sustainable Alliance for Food EcoSystems – Produce and Animal Protein Industries Working Together to Address Contamination in the Production Environment,” was co-authored by De Ann Davis, SVP of Science at Western Growers. 

The paper outlines the formation and outcomes of the Sustainable Alliance for Food EcoSystems (SAFE), which brings together industry, academic, and government experts under a One Health framework to better understand and reduce pathogen risk in shared production environments.  

Western Growers remains engaged in advncing science-based, practical solutions that support growers and strengthen food safety across the supply chain. 

Read the full paper here. 

Arizona Department of Agriculture Welcomes USDA’s $263 Million Investment in Farm Commodities

February 23rd, 2026

The Arizona Department of Agriculture (AZDA) welcomed the announcement made by the U.S. Department of Agriculture (USDA) to purchase $263 million in agricultural commodities using its Section 32 authority, noting that the investment will help stabilize markets by channeling locally produced goods into federal food programs.

The investment creates direct market opportunities for producers in several key categories:

  • Dairy: Butter, Cheddar & Swiss Cheese, Fresh Fluid Milk, and UHT Milk.
  • Legumes: Chickpeas, Lentils, Split Peas, and Dried Beans (Black and Pinto).
  • Specialty Crops: Fresh Pears, Pecans, and Walnuts.

Arizona producers interested in these federal procurement opportunities should monitor the AMS website for upcoming solicitations. To understand the technical requirements and bidding process, review this previous announcement as a reference.

Lina Quesada-Ocampo to Lead IR-4 Project as Executive Director

February 23rd, 2026

Lina Quesada-Ocampo, a vegetable pathologist and Extension specialist at North Carolina State University, has been named the next Executive Director of the IR-4 Project, effective March 9.

IR-4, a federally funded program headquartered at NC State, supports specialty crop growers nationwide by facilitating the registration of safe and effective pest management tools for fruits, vegetables, nuts, flowers and nursery crops.

“Stepping into this role allows me to scale the work I have been doing alongside growers in North Carolina to a national level, and I am honored and excited to help lead that effort,” Quesada-Ocampo said.

She succeeds Jerry Baron, who retired in January 2026 after a distinguished 40-year career. 

According to the IR-4 press release, Quesada-Ocampo brings over 15 years of experience in applied pest management research and Extension work to her new role. Most recently, she served as a William Neal Reynolds Distinguished Professor and Extension specialist for vegetable pathology at NC State, where she led the Quesada Lab and secured over $55 million in career funding — including a $700,000 endowment set up by growers to support her work.

As executive director, Quesada-Ocampo is committed to advancing IR-4’s mission while safeguarding its focus and staying responsive to the needs of growers. Her vision includes strengthening collaborations, accelerating regulatory timelines and ensuring that specialty crop growers have timely access to innovative and safe pest management tools.

Read the full release here.

Best Practices: Consistency Matters in Terminations

February 13th, 2026

A recent federal court decision in an age discrimination case illustrates how routine employment decisions can create litigation risk when execution is inconsistent or poorly documented.  

In the case, Gaudette v. Corning, Inc. (Gaudette), a 62‑year‑old temporary worker sued his employer after being denied conversion to a regular position despite receiving and accepting a formal offer letter. The employer ultimately withdrew the offer, citing performance and budget reasons, and then subsequently hired two younger temporary workers into regular permanent roles. Although the employee’s evidence was described by the court as “thin,” it ultimately found that a jury could still find discrimination based on the employer’s irregular hiring practices, shifting explanations, and comparative evidence. 

Employers can use the following best practices – illustrated by facts from the Gaudette case – to help minimize risk when making routine employment decisions such as terminations: 

Follow your usual practices—every time.
The Gaudette court focused heavily on deviations from the employer’s “usual approach” to evaluating temporary workers for permanent roles. Evidence suggested that an offer letter was issued to the temporary employee before performance evaluations were reviewed, contrary to the manager’s stated practice. This irregularity in particular raised questions of credibility with court. 

Ensure offers and decisions are accurate and consistent.
In the Gaudette case the employee alleged that they received and accepted a formal offer letter, only to be told later – and for various differing reasons – that the offer was not a real offer of employment.  The court found that the employer’s shifting explanations for the offer looked like an excuse rather than the real reason – especially given who it hired later. 

Be truthful and consistent in explaining decisions.
The employee in Gaudette identified multiple, changing reasons for the employer’s refusal to hire him—lack of budget, performance issues, and the claim that no offer existed. The court emphasized that inconsistent explanations, especially if untrue, can undermine an employer’s stated nondiscriminatory reason. 

Consider how comparators will be viewed.
The employer hired two younger temporary workers into permanent roles shortly after denying the plaintiff’s conversion from a temporary employee. Despite differences in performance evaluations between the plaintiff and the two younger workers, the court found enough overlap to allow a jury to view the employees as similarly situated. 

Credibility matters.
Ultimately, the Gaudette court stressed that the case turned on witness credibility. Underscoring that even an unremarkable evidentiary record can reach a jury when an employer’s process appears inconsistent or poorly explained. 

Gaudette serves as a reminder that even routine employment decisions can create significant litigation risk when processes are inconsistent, poorly documented, or inadequately explained. Employers that adhere to established practices, communicate decisions clearly and truthfully, and carefully consider how those decisions may appear in comparison to similarly situated employees, will be far better positioned to defend against discrimination claims. In employment actions, consistency and credibility are often the strongest safeguards. 

 

California and Biopesticides: Registration, Efficacy and Entering the Fresh Produce Market — March 12 Webinar

February 18th, 2026

The California fresh produce market is one of the most diverse and productive in the world, thanks to a favorable climate, fertile soil and advanced agricultural infrastructure. California leads in the U.S. in the production of fruits, vegetables and nuts—supplying over half of the country’s vegetables and two-thirds of its fruits and nuts and is the primary producer of key crops like strawberries, almonds, grapes and lettuce.

Globally, California plays a vital role in food security and international trade, exporting to trade partners in major markets across Asia, Europe and the Americas. The innovation and leadership seen in sustainable farming and sustainable pest management is highly influential in fresh produce production across the globe.

Western Growers is hosting a live webinar that will focus on opportunities for biopesticide registrants to enter the California market and navigating the federal and state registration process to deliver effective, economical and needed pest management tools to California farms.

Introduction to Growing Regions and Commodities in California
California is a significant producer of fruits and vegetables in the United States. With over 400 commodities, California produces about 50% of the nation’s fruits, vegetables and nuts, with vegetables accounting for a substantial portion. Western Growers will introduce the primary growing regions and key specialty crop commodities in California.

Registration Process: State by State, Federal EPA
The regulatory path for biological products can be challenging to understand but is critical in order to make accurate commercial and financial plans when bringing a new product to market. Learn more about the federal and state regulatory requirements for both field trials and commercialization, including specifics on data requirements, timelines and costs. Compass Regulatory discuss best practices and current regulatory trends to help you navigate the process as smoothly as possible.

BPIA and Resources with Industry Alliances
Industry alliance groups can provide significant support for new products entering the market. The Biological Products Industry Alliance (BPIA) is dedicated to fostering continued improvements to the biological products regulatory process. BPIA will discuss the major challenges that biological product companies face when entering the California market.

Biopesticide Trials Guidelines
This past year, Western Growers, in collaboration with the Bioeconomy Science Institute and other industry specialists focused on biopesticides developed “Biopesticides in Horticulture: Guidelines for Commercial Field Trials, Grower Assessment, and Industry Adoption’ to help guide this conversation. The guidelines emphasize that biopesticide trials under commercial field conditions are essential to assess performance amid variations in climate, soil, water quality and integration with existing pesticide programs. Further, trials must be designed to generate credible data on efficacy, economic return and environmental compatibility while supporting regulatory compliance and grower confidence.

 

Webinar Details
Jeana Cadby (Western Growers), Tammy Zimmer (Compass Reg), Amy Roberts (LallemandPlant Care) and Miriam Hall (Bioeconomy Science Institute) will share insights and practical guidance on opportunities for biopesticide registrants to enter the California market and navigating the federal and state registration process.

Date: Thursday, March 12, 2026
Time: 1:00 p.m. to 2:00 p.m. PT
Location: Online via Zoom

Register here

 

 

Ethics and Civility: Keys to Building a Respectful Workplace

February 19th, 2026

Earlier this year a federal jury awarded a security guard $5.5 million in damages based on its finding that the company’s vice president of operations violated federal law by sexually harassing a female employee. 

Months of unwanted sexual comments, and advances, including an incident where the harasser exposed himself, and threats of physical violence were reported by the female security guard to the company’s field support manager as well as the owner/CEO. The result – reassignment of the guard to a new job site and a reduction in hours the company knew were unworkable. The impact – a hostile work environment based on sex, retaliation and a constructive termination.  

State and federal laws mandate that employers create a workplace free from harassing conduct. Despite these mandates such conduct continues to negatively impact workplaces of all sizes. Training efforts and strict “zero tolerance” policies do make a difference. But it is the day-to-day interactions with our co-workers, and our unwillingness to accept anything less than a civil and professional work environment, that will effectively stop a downward trajectory of an otherwise positive workplace culture.  

Below are some important reminders when it comes to creating and maintaining a workplace free from abusive or harassing conduct.  

Ethics: Ethics in the workplace is more than simply being honest with your coworkers. The concept of ethics in the workplace is broad, encompassing the notion of fair play, equality and providing the support necessary to accomplish the task(s) at hand.  

Civility: Disagreeing with co-workers on how to accomplish a specific task or harboring a strong dislike for a co-worker is never an excuse for incivility or abusive behavior. Finding yourself unable to engage in a job-related discussion professionally and calmly is a good indicator that distance or assistance is needed.  

Strength: Finding yourself on the receiving end of abusive behavior or unprofessional conduct can be shocking and momentarily debilitating. Finding that inner strength – in the moment or afterwards – to calmly respond (e.g., “That behavior is inappropriate.”), disengage (e.g., “Let’s talk about this when things have cooled down.”), or to report the behavior if it continues, is important.  

Action: Beyond the obligations of an employee there are three additional responsibilities every workplace leader should consider: 

  • The responsibility not to abuse your position when interacting with subordinates. 
  • The responsibility to serve as an ethical / professional role model. 
  • The responsibility to promote an ethical / professional work environment.  

Abusive and harassing conduct can only exist in environments and cultures that allow it. Ending workplace harassment and abusive conduct begins with ethics and civility carried forward by inner strength and action. 

Lessons Learned: AI Notetaking Tools Can Create Discoverable Evidence

February 19th, 2026

A recent federal ruling highlights a growing risk for employers that use AI tools to capture notes, summarize meetings, or analyze sensitive workplace issues. In United States v. Heppner, the court held that documents created using Anthropic’s Claude AI tool—and later shared with legal counsel—were not protected by the attorney-client privilege.client privilege. 

The court’s reasoning was straightforward: AI tools are not attorneys, do not owe professional duties, and expressly disclaim confidentiality in their terms of service. As a result, materials generated through such tools remain unprivileged, even if later provided to legal counsel.  

For employers, this has direct implications for AI notetaking tools used in HR, management, or compliance contexts. Notes generated by AI during discussions about terminations, workplace complaints, or legal exposure are likely discoverable in litigation. This means that employees, HR teams, or managers using notetaking tools like CoPilot, ChatGPT or Claude to memorialize or analyze employee-centric topics may be creating evidence that can later be used against the company. 

To help mitigate the risk associated with the use of AI, including notetaking tools, employers should consider the following best practices:  

  1. Keep sensitive legal matters out of commercial AI tools. Ensure your AI policy documents make clear that employees should not use generative AI platforms to analyze potential legal risk, create/discuss HR strategy, or create documentation related to disputes, investigations, or employment claims. 
  2. Assume AI-generated content (including meeting notes) is discoverable. When it comes to AI always operate on the assumption that AI prompts, outputs, and conversation histories are not confidential and may surface in litigation, just like any other unprivileged document.  
  3. Include clear use restrictions in your AI Policy and related documents. The use of AI should be clearly restricted to ensure it is not used in ways that might compromise the privacy and security of company data or infringe upon individuals’ rights. Specifically, it should be clear that AI notetaking tools are not to be used during internal or external meetings addressing employee-relations issues (e.g., performance evaluations, disciplinary meetings, mental health and wellness check-ins), legal and compliance discussions, executive strategy sessions, sensitive negotiations and contract discussions.
  4. Train HR and managers on AI privilege risks. Because employees are increasingly turning to AI tools for analysis and documentation, employers should ensure all employees understand the risks associated with AI use. Specifically, that AI is not a substitute for legal advice and does not create protected communications.  

 

What You Need to Know About the USDA Specialty Crop Economic Relief Program

February 18th, 2026

UPDATE (March 31, 2026): The USDA Farm Service Agency (FSA) announced the agency is reopening the 2025 crop acreage reporting period required for specialty crop producers who want to apply for the Assistance for Specialty Crop Farmers (ASCF) program. The deadline has changed from March 13 to April 24, 2026.

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The U.S. Department of Agriculture (USDA) has released key details of the Farmer Bridge Assistance (FBA) Program and additional assistance for Specialty Crop Farmers (ASCF).

New Structure

The USDA assistance marks a significant shift from how federal farm support, particularly the Marketing Assistance for Specialty Crops (MASC) program, was delivered under the previous administration:

  1. Targeted crop eligibility: Unlike earlier programs where all specialty crops were broadly eligible, eligibility is now defined by a specific list of covered crops for each program.
  2. Per-acre payment structure: Payments are not based on revenue losses; they’re calculated as flat per-acre rates for each eligible crop planted in 2025.

Why are you being asked to provide acreage?

Under this program, USDA will provide payments to producers based on individual crops that they plant, with each crop getting a different payment rate. As a result, you will need to accurately report the crops you grew, along with the number of acres you grew of each crop, to determine total payment. You can visit your USDA county office for assistance here.

Note: Paperwork from the previous program does not carry over. All producers interested in an economic relief payment will need to report their 2025 specialty crop acreage by April 24, 2026.

ASCF crop-specific rates will be announced at the end of April/early May.

Deadline

Specialty crop producers have until April 24, 2026, to report 2025 acres to USDA’s FSA. Western Growers recommends farmers should immediately ensure their FSA crop reports are accurate and complete. For more information about the Farmer Bridge Assistance Program, click here.

For any questions, you can contact Dennis Nuxoll, VP, Federal Government Affairs, at [email protected].

Cal/OSHA Proposes a California “Worker Walk-Around” Rule

February 19th, 2026

On February 13, 2026, Cal/OSHA published a proposed regulation that would spell out who can accompany an inspector during the “walk-around” portion of a workplace inspection. The proposal would add new Title 8, §331.8, titled “Representatives during the Inspection.” 

What’s changing (and why it matters) 

California law already says both an employer representative and a representative “authorized by employees” have the opportunity to accompany the inspector. According to Notice of Proposed Rulemaking, the proposal mainly fills in the missing definition and process details, and it tracks the federal approach adopted by OSHA in 2024. 

For ag employers, the practical impact is that inspections could more often include non-employee third parties selected by employees  as long as the inspector decides the person’s participation is “reasonably necessary” to conduct an effective and thorough inspection. 

Key provisions in proposed 8 CCR 331.8 

1) Cal/OSHA can allow multiple reps on both sides.
The inspector (“the Chief or their representative”) may permit additional employer representatives and additional employee-authorized representatives and can immediately resolve disputes over who the representatives are. 

2) Employees may choose a third party, but the inspector decides if they can join.
The employee-authorized representative may be: (i) an employee, (ii) a third party, or (iii) the collective bargaining representative. If it’s a third party (not an employee and not the collective bargaining representative), they may participate only if “good cause” is shown and their presence is reasonably necessary, including due to relevant knowledge/experience with hazards or language/communication skills. However, as written the proposed rule does not require that the “collective bargaining representative” be an agent of the union representing the employees at the workplace.  

3) The inspector stays in charge and can limit or remove disruptive participants.
Cal/OSHA can limit the scope and extent of representative engagement during the inspection and can deny accompaniment to anyone whose conduct interferes with a fair and orderly inspection. 

4) Narrow trade secret protections.
Upon the employer’s request, an employee-authorized representative in an area containing trade secrets must be an employee working in that area or someone authorized by the employer to enter that area. If there is no such representative or employee, Cal/OSHA must consult with a reasonable number of employees who work in that area about safety and health issues.

Key Concerns for Employers 

  • Third-party involvement could change the tone of inspections. The proposal does more than confirm employee participation. It would allow non-employee third parties to join the walk-around, which could make inspections more contentious and adversarial, instead of the cooperative, administrative fact-finding process employers typically expect. 
  • The “who” and “how” are still murky. Labor Code section 6314 already allows an employee representative to accompany the inspector, so it is not clear who the rule is meant to add beyond that existing right. The proposal also leaves practical questions about how any additional representative would be chosen and how Cal/OSHA would handle advance notice or disputes over representation without creating unfairness for the employer. 
  • Expanded inspector discretion over participation. The proposal would give inspectors broader authority to control who participates and how, including limiting the role of both employer and employee representatives during the walk-around. It would also allow an inspector to exclude the employer’s representative from accompanying the inspection if, in the inspector’s judgment, the representative is interfering with a “fair and orderly” inspection. 

Timing: hearing and comments 

Cal/OSHA will hold a public hearing on April 1, 2026, with written comments due by 11:59 p.m. on the same date. A coalition of employers, including Western Growers, plans to participate in the hearing and submit comments addressing concerns regarding the proposed regulation. 

California employers should be ready to revisit and update their Cal/OSHA inspection playbooks if this proposal moves forward. 

Specialty Crop Alliance Applauds Release of the Farm, Food and National Security Act of 2026

February 18th, 2026

WASHINGTON, Feb. 18, 2026 — The Specialty Crop Farm Bill Alliance (SCFBA) issued the following statement regarding the Farm, Food and National Security Act of 2026 released by House Committee on Agriculture Chairman Glenn “GT” Thompson.

“The Specialty Crop Farm Bill Alliance commends Chairman Thompson and his staff for advancing the farm bill process and including key provisions that would enhance the competitiveness of the family farms that produce specialty crops across the United States. This legislation builds on critical investments made by H.R. 1 last year, closely aligns with the priorities of the Specialty Crop Farm Bill Alliance, and includes some of the most significant enhancements to specialty crop programs in years.

“At a time when our producers confront unprecedented economic challenges, we are grateful that the Chairman’s bill would require the United States Department of Agriculture to create the first-ever Specialty Crop Emergency Assistance Framework. Based on the widely successful CFAP-2 and MASC programs, this framework would establish the parameters of a unique payment structure to compensate specialty crop producers in times of need. Not included in the 2024 version of this legislation, this provision is another clear signal that specialty crops are fundamentally different than row crops and need their own program at USDA for delivering economic aid.

“Enacting a full five-year farm bill is critical to the continued sustainability of American agriculture and the communities specialty crop producers serve.”

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]

Wildlife, Pathogens, and the Produce Interface: What Science Is Actually Telling Us 

February 18th, 2026

For years, wildlife has been routinely listed in audit checklists and corrective action reports as a “potential contamination source.” What does the science tell us? A far more nuanced story. 

The growing body of research on fresh produce food safety and wildlife is proving to be a complicated and variable topic. How wildlife interacts with the fresh produce environment is a dynamic ecological component. As a result, wildlife can be challenging for fresh produce food safety professionals to know how to manage.  

When a risk profile is contextual, species-specific, and environmentally influenced by other interacting factors, that makes a complicated recipe for food safety management. 

Wildlife as Carriers: Capacity vs. Risk 

Numerous studies demonstrate that many wildlife species have the capacity to carry zoonotic pathogens such as Shiga Toxin Producing E. coli (STEC), E. coli O157:H7, and Salmonella. For example, feral swine in California’s Central Coast has shown measurable prevalence of O157 and non-O157 STEC in a number of longitudinal studies since the early 2000s. Rodents in agricultural areas have demonstrated variable Salmonella prevalence, and low overall carrying of pathogenic E.coli.  Birds, heavily dependent on species, environment, and habitat, have been found to carry STEC serogroups and Salmonella at variable levels. Birds highlight a unique variability across species and situations, with many types of birds posing little to no risk, some contributing reduced risk from other birds/pests/rodents (e.g., falcons, owls), and some birds representing risk when considering what they are interacting with (i.e., livestock, landfills, compost piles) prior to interacting within produce fields. 

Overall, prevalence in wildlife populations is generally low and highly variable, often in the 0–5% range for many species studiedbut with spikes in prevalence that should not be ignored. Environmental presence of foodborne pathogens in research studies in the leafy green areas have repeatedly shown that there can be a period of time when pathogen presence in the environment is high, and during those spikes wildlife may also harbor more pathogens  

The presence of a pathogen in a wildlife species does not necessarily equate to elevated crop risk, especially since wildlife still must impact the crop production areas. Wildlife risk, like overall environmental risk, is dynamic and episodic. As a result, risk cannot be determined simply by presence or pathogen carriage percentages, it must consider more variables like: 

  • Animal density and aggregation behavior (i.e., bird flocking vs. solitary species) 
  • Interaction of wildlife with higher-load environments (CAFOs, AFOs,  compost sites, landfills, waterways) 
  • Wildlife and water movement patterns between livestock operations and cropland 
  • Seasonal timing relative to production windows and potential increases in overall microbial presence/load 
  • Environmental persistence and die-off dynamics in the environment, and in fresh produce fields 

Feral Swine: A Clearer Risk Profile 

Among wildlife studied in leafy green regions, feral swine consistently have been found to carry higher pathogen prevalence compared to other wildlife species. Investigations following the 2006 spinach outbreak in the California Central Coast found feral swine carrying E. coli O157 and found evidence of pig movement between cattle areas and produce fields. Numerous leafy green area surveys since then have identified O157, STEC, and Salmonella at varying levels in wild pigs sampled, with study positivity rates for E.coli O157 varying from 1.9%4.2%, and 4.7% in three wildlife studies. Importantly, wild pigs move across landscapes, across fence lines, and interact with both livestock and surface water. As such, they have potential to spread pathogens within different areas of the ecosystem, including the potential to make it into fresh produce fields.  

Rodents: Lower Prevalence, Contextual Risk 

Large rodent surveys across fresh produce farms and adjacent cattle operations have generally found very low O157 prevalence (often near 0%), but a more modest Salmonella detection (typically 2–7%). Rodents do not appear to be primary reservoirs of O157 in these agricultural systems. However, researchers have found that risk (and pathogen prevalence) increases when rodents interface with CAFOs, manure storage, compost facilities, and urban waste streams. Similarly rodent pressure changes based on population cycles, reproductive rates based on the ecosystems, and climate. Again, context determines risk.  

Birds: Species Matter More Than Presence 

Wild birds introduce additional complexity because fencing and terrestrial exclusion methods are ineffective. Research across thousands of birds in California and Arizona shows that overall pathogen prevalence is low, large flocking species (e.g., blackbirds, cowbirds, geese) likely present more risk due to fecal load and aggregation behavior. When small songbird (passerine) birds have been studied, it has been found that they contribute minimal fecal mass, and a low overall pathogen prevalence. Laboratory and field studies show that E. coli declines quickly in bird feces, particularly under desiccation and UV exposure. In most cases, small bird droppings likely present limited hazards under typical environmental conditions.  

However, that is not to say that all birds and in all situations are low risk. Temporal events, such as migratory geese or a murder of crows occupying a field, can shift risk dramatically. This is especially true depending on what environment they have been interacting with (i.e., CAFOs, livestock, watersheds). 

Once again, these findings supports that science shifts us from “bird presence” as an audit compliance checkbox to species-specific evaluation, seasonal monitoring, density-based risk assessment, adjacent land assessment (i.e., livestock birds will interact with, landfills, rivers/waterways, compost piles, etc.). 

Habitat Removal: A Cautionary Tale 

One of the most important wildlife learnings over the past 15+ years is ecological – reaffirming the need to consider food safety risks within ecosystems and not as singular factors to be controlled. After the 2006 outbreak in the Central Coast leafy green region, large-scale vegetation removal in the Salinas Valley was implemented to create buffers between wildlife, livestock, and leafy green fields. The overall assumption, and best intentions, was that removing habitat would reduce wildlife-mediated pathogen transfer. Subsequent analysis showed a more complicated response with removal of non-crop vegetation not showing the protective effect it was hypothesized to impart, also finding that riparian removal showed no clear protective effect, and finally finding that adjacent grazed land was associated with higher risk than ungrazed natural habitat.  

Long story short, wildlife ecology impacts pathogen dynamics within agricultural settings in non-linear ways. Simplistic mitigation ignoring the overall system and environment can create unintended consequences. 

What This Means for Food Safety Professionals Managing Risks 

Overall, the wildlife body of evidence supports these core conclusions: 

  • Wildlife is part of the shared agricultural ecosystem. 
  • Pathogen prevalence is generally low, but variability is high and must consider the wildlife species, the environment they interact with, and the likelihood of crop interactions. 
  • Wildlife risk is highly contextual and can be shaped by livestock density, habitat, season, and environmental conditions. 
  • Ecological disruption does not necessarily improve food safety outcomes. Crops are grown in, and become part of, the agricultural ecosystem and mitigation and management systems need to consider that complexity. 

This reinforces a broader systems insight that food safety cannot be managed through isolation alone. Wildlife risk to fresh produce crops is neither zero nor absolute. It is dynamic. 

The path forward for fresh produce risk management is not wildlife elimination, but instead an ecosystem-informed risk management system, grounded in surveillance, targeted mitigation, and collaboration across adjacent land users. 

Western Growers’ Nexus is a collaborative learning center focused on the intersection of sustainability, ecosystems, agriculture, and food safety—bringing science, systems thinking, and cross-sector leadership together to advance practical, risk-based solutions for modern fresh produce production. 

 

 

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