SB 54 Update for Members: Source Reduction Reporting Guidance

July 17th, 2026

Pursuant to section 42057(c)(1) of the Public Resources Code (PRC) under the Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54; Allen, Chapter 75, Statutes of 2022), and 14 CCR, section 18980.9, producers of covered material must report the amount of plastic covered material they sold, offered for sale, or distributed in the state, including the number of plastic components and the weight of plastic covered material, for both the Source Reduction Baseline and source reduction reporting.  

CalRecycle has updated the Source Reduction Reporting Guidance that was originally published September 1, 2025, to provide additional clarification and support for these reporting requirements. The updated guidance is available on CalRecycle’s recently published Producer Guidance webpage.

Join Western Growers in Supporting the Securing Agriculture’s Workforce Act

July 17th, 2026

Western Growers is calling on our members to add their names to the list of more than 500 nationwide stakeholder supporters of the recently introduced Securing Agriculture’s Workforce Act (SAWA).

Click on this link to register your support: SAWA Stakeholder Support.

Introduced by House Ag Committee Chair Glenn “GT” Thompson on June 30, 2026, SAWA would modernize the H-2A program to better address the evolving labor needs of American agriculture. Western Growers President and CEO Dave Puglia participated in the bill’s introductory press conference in his role as co-chair of the Agricultural Workforce Coalition, underscoring the broad industry support behind the legislation.

The bill seeks to make the program more accessible, predictable and efficient for growers facing persistent workforce shortages:

  • Expands Access to H-2A: Allows temporary agricultural job contracts of up to 350 days and extends eligibility to sectors with year-round labor needs that have historically been excluded from the program.
  • Stabilizes Wages and Reduces Costs: Codifies recent reforms to the Adverse Effect Wage Rate methodology and limits annual wage fluctuations to a maximum 3.5% increase or 1.5% decrease.
  • Streamlines Program Administration: Creates a single online platform for all H-2A labor certification and petition processes.

Click here for a more complete summary of the bill provisions.

For more information, contact Jonathan Sarager, Associate Vice President of Federal Government Affairs, at [email protected].

What the Fresh Produce Industry Needs to Know About the Current Cyclospora Outbreaks

July 17th, 2026

The Centers for Disease Control and Prevention (CDC) has reported a link between iceberg lettuce from Mexico and served through a Mexican quick-service restaurant.  

However, this may not represent the only outbreak, of which, others may not be of direct produce origin. Produce companies may continue to be contacted during traceback investigations. 

Key points for the fresh produce industry: 

  • The suspected iceberg lettuce was grown in Mexico. During this time of year, most U.S. leafy green production is occurring in California, and there is limited evidence that domestically grown produce is associated with the parasite. 
  • There is no reason to implicate all fresh produce, nor all leafy greens. This is not supported by the currently available information regarding the outbreak, nor advisable given what we know about the illnesses in the US. Overreactions and broad statements only perpetuate consumer confusion and should be avoided and/or corrected.   
  • No food samples have tested positive for Cyclospora oocysts, and not all interviewed patients reported eating at the suspected restaurant. 
  • Cyclospora oocysts may be removed during washing, but washing may not reliably eliminate all oocysts by routine washing or traditional produce antimicrobials. Companies should reinforce employee illness policies, GAPs, GMPs, sanitation and hygiene controls. Testing for Cyclospora is not recommended due to sampling and technological limitations that limit value and may provide a false sense of security. A greater emphasis should be to ensure existing food safety practices and assessment of potential risks within agricultural ecosystems and supply chains.  
  • The reported 7,000-plus confirmed or suspected illnesses now reported the U.S. (from states, not the CDC) may reflect multiple outbreak clusters, exposure pathways or environmental contamination events and not a single produce source. 

Fresh produce can be an efficient vehicle because it is often consumed raw. The parasite originates in human waste, and after being shed, its oocysts must remain in the environment for approximately one to two weeks before becoming infectious. They must then reach food or water and be consumed by another person. 

Each illness therefore reflects a more complex and broader public health pathway: human waste enters the environment; oocysts survive and mature; contamination reaches water, soil, food or food-contact environments; and an infectious oocyst is consumed. 

Identifying a food item is important in any outbreak, but it does not identify or control the underlying source of contamination, nor explain all the illness currently being observed in the US. A meaningful response requires stronger disease surveillance, wastewater and sanitation controls, environmental monitoring, water-quality protection and source attribution. 

The produce industry has an essential role in prevention, but it cannot solve Cyclospora alone. This is a shared public health and environmental challenge that extends far beyond fresh produce food safety and is requiring infrastructure that both reduces contamination and gives growers timely information about when and where risks are elevated.  

Colorado Adds New Requirements for I-9 Identification Documents

July 16th, 2026

Colorado employers should review their I-9 and onboarding procedures following the enactment of HB26-1283, which creates new restrictions on how employers handle applicants’ and employees’ government-issued identification documents. The law took effect immediately upon Governor Polis’ signature on June 3, 2026, and establishes new notice requirements, strict limits on retaining identification documents, and significant penalties for violations. 

Under HB26-1283, employers generally may not require an applicant or employee, including migrant and seasonal workers, to surrender a government-issued identification document. Limited exceptions continue to apply for: 

  • employment eligibility verification 
  • document retention required or permitted by state or federal law; and  
  • retention pursuant to a signed judicial warrant. 

The law also places new limits on the I-9 process. Employers may temporarily retain a government-issued identification document only for the time reasonably necessary to complete employment eligibility verification and make any required copies, but never for more than 10 hours. Employers may continue to retain copies of documents in their employment records where otherwise permitted. 

In addition to limiting when identification documents may be retained, the law creates a new notice obligation during the I-9 process. 

New Notice Requirement 

During the employment eligibility verification process, employers must provide applicants and employees with written notice explaining these protections. The notice must be provided in English and, when the employer knows the individual’s primary language is not English, in that primary language.  

Employers must also obtain a signed acknowledgment and retain both documents with their employment records. 

What Does it Mean? 

Although many employers already return identification documents immediately after completing the I-9 process, HB26-1283 formalizes those practices and adds new documentation requirements. Employers that use third-party onboarding vendors or staffing agencies should also confirm those providers are following the new procedures. 

Violations may result in criminal penalties and civil liability, underscoring the importance of compliant onboarding procedures. 

Because HB26-1283 took effect immediately, employers should consider the following steps: 

  • Review I-9 and onboarding procedures to ensure identification documents are returned promptly and never retained longer than permitted. 
  • Incorporate the required written notice and acknowledgment into your onboarding process, including translated versions where required. 
  • Confirm staffing agencies, recruiters, and other onboarding partners are following these same procedures. 

California Limits When Arbitration Agreements Can Be Enforced

July 16th, 2026

Governor Gavin Newsom has signed Assembly Bill 2155 (AB 2155), aligning California’s Arbitration Act with the Federal Arbitration Act (FAA). Effective January 1, 2027, an arbitration agreement that would be unenforceable under the FAA will likewise be unenforceable under California law. 

What Does it Mean? 

AB 2155 does not prohibit employment arbitration agreements or change the rules for agreements that are enforceable under the FAA. Instead, beginning January 1, 2027, it eliminates the ability to enforce an arbitration agreement under the California Arbitration Act if that same agreement would be unenforceable under the FAA. In other words, California law will no longer provide an alternative path to compel arbitration when federal law would not. 

Most employment arbitration agreements are governed by the FAA because the threshold for FAA coverage is relatively easy to satisfy. The FAA applies to contracts involving interstate commerce, and courts have interpreted that requirement broadly. An employer does not need to conduct business in multiple states for the FAA to apply. Purchasing goods from out-of-state vendors, processing interstate payments, communicating across state lines, or otherwise engaging in interstate commerce is often enough to satisfy the FAA’s interstate commerce requirement. As a result, most California employers already rely on the FAA to enforce their employment arbitration agreements. 

Although the practical impact of AB 2155 will likely be limited for most employers, the new law serves as an important reminder to review existing arbitration agreements. Employers whose workers may fall outside the FAA’s coverage, such as certain transportation workers or other federally exempt workers, or whose agreements specifically rely on the California Arbitration Act, should work with counsel to confirm their arbitration program remains enforceable before the new law takes effect. 

Before AB 2155 takes effect January 1, 2027, employers should consider the following: 

  • Review existing arbitration agreements to identify whether enforceability depends on the California Arbitration Act as opposed to the FAA. 
  • Assess your workforce in consultation with legal counsel to determine whether any employee groups may fall within an FAA exemption or otherwise present enforceability concerns. 
  • Update arbitration agreements and implementation practices as needed before the effective date to ensure they remain compliant with evolving federal and California law. 

Cal/OSHA Reminds Employers to Strengthen Heat Illness Protections

July 16th, 2026

With high temperatures affecting much of California, Cal/OSHA has issued a new advisory reminding employers to protect employees from heat illness in both outdoor and indoor workplaces. 

Heat illness can develop quickly and may be fatal. Employers should review their heat illness prevention procedures with supervisors and employees, confirm that required protections are in place, and monitor changing weather conditions throughout the workday.  

For outdoor workplaces, employers must provide employees with fresh, suitably cool drinking water at no cost and place it as close as practicable to the work area. Shade must be available when temperatures exceed 80 degrees and must be provided upon request at lower temperatures. Employees must also be permitted to take preventative cool-down rest periods when needed.  

When outdoor temperatures reach 95 degrees, employers in agriculture and certain other covered industries must implement high-heat procedures. These procedures include regularly observing employees for signs of heat illness, maintaining effective communication, reminding employees to drink water and take cool-down breaks, and responding promptly when an employee shows possible symptoms.  

Employers should also pay close attention to acclimatization. New employees and employees newly assigned to high-heat areas must be closely observed during their first 14 days. All employees must be closely observed during a heat wave.  

California’s indoor heat illness standard generally applies when an indoor workplace reaches 82 degrees. Covered employers must provide drinking water, access to cool-down areas, rest periods, training, and additional controls under specified conditions. An employer may be subject to both the indoor and outdoor standards when employees work in both environments. 

Employers should take the following steps now: 

  • Review and update the written Heat Illness Prevention Plan. 
  • Confirm that supervisors understand the 80-degree and 95-degree outdoor thresholds. 
  • Make sure sufficient water and properly located shade are available before employees begin work. 
  • Train employees to recognize and promptly report heat illness symptoms. 
  • Establish reliable communication and emergency response procedures for remote fields and work areas. 
  • Closely monitor new employees, returning employees, and employees working during sudden temperature increases. 
  • Review indoor work areas, including warehouses, packing facilities, shops, and enclosed equipment areas, for potential coverage under the indoor heat standard. 

Written plans should reflect actual workplace practices. Employers should also document employee and supervisor training and periodically verify that field-level procedures are being followed. 

Additional heat illness prevention materials, model plans, and training resources are available through Cal/OSHA’s Heat Illness Prevention website.

Honoring the Life and Legacy of Andy D’Arrigo  

July 17th, 2026

Western Growers joins the fresh produce industry in mourning the passing of longtime member and former Western Growers Chair Andy D’Arrigo, 102, whose decades of leadership helped shape his family business and the fresh produce industry. 

Andy was a third-generation produce leader and devoted nearly 64 years to D’Arrigo Bros. Co. of California, the company behind the iconic Andy Boy brand. Andy served as the inspiration for the Andy Boy label as a young child. Following the unexpected death of his father, Stefano D’Arrigo, Andy assumed leadership of the company at just 27 years old and guided it through decades of growth and change. 

Outside of his contributions to D’Arrigo Bros., Andy was a dedicated advocate for agriculture and the fresh produce industry. He served as Chairman of the Western Growers Board of Directors in 1978 and was a director from 1951–1962, and 1967-1984. Throughout his career, Andy earned widespread recognition for his leadership, including Western Growers’ Award of Honor in 1983. 

Andy also believed deeply in giving back. Together with his wife, Phyllis, and the D’Arrigo family, he supported numerous charitable organizations focused on healthcare, youth development, education and community well-being. 

Western Growers extends its heartfelt condolences to the D’Arrigo family, friends, colleagues and industry. Andy’s dedication and lifelong commitment to agriculture will continue to inspire future generations of growers and industry leaders. 

The current Cyclospora response is exposing three major gaps in our public health system. 

July 15th, 2026

(1) Risk communication matters. 

When federal agencies and state health departments are not aligned, the result is not transparency…it is confusion, fear and unintended economic harm. This approach can, and does, create a longer-term problem than the outbreak itself.  

Vague warnings and inconsistent messaging about the potential sources of the outbreak create anxiety for consumers and the food industry while damaging commodities, companies and domestic producers that may have no connection to the illnesses under investigation.  

Public health communication should help people understand and manage risk. It should not amplify panic or cast suspicion across an entire food category without providing the information needed to act. 

(2) Cyclospora requires a coordinated national surveillance strategy. 

This is not simply about restoring monitoring that existed before July 2025. We need a true surveillance network capable of identifying where, when and how Cyclospora is circulating in the U.S. 

Where are infectious oocysts present? Which waterways, wastewater systems, environmental conditions and geographic regions create elevated risk? How is the organism moving through the environment? 

The first step in prevention is risk characterization. We have the scientific and technological capability to do this today to protect consumers and our fresh produce industries (e.g., monitoring wastewater/water treatment facilities, surface water, imported produce). What is missing is a unified public health infrastructure and the commitment to build it. 

(3) FDA must address both domestic and imported risk. 

FDA has a responsibility to protect consumers by strengthening domestic surveillance and ensuring imported foods meet U.S. safety expectations. 

When risks enter through imported products, broad and nonspecific “avoid fresh produce” messaging often does not harm the foreign producer. It harms U.S. growers, shippers, restaurants and produce companies that may have had nothing to do with the outbreak. 

Cyclospora cannot be managed by identifying a food vehicle and shifting responsibility of a broader and more complex public health problem to the produce industry. 

We need coordinated communication, meaningful surveillance, stronger import controls and public health accountability. 

The produce industry has an important role—but it cannot solve a systemic environmental and public health problem alone. 

 

Federal Court Blocks Enforcement of California’s SB 343 Recycling Labeling Law

July 15th, 2026

Coalition Secures Preliminary Injunction in Constitutional Challenge

SACRAMENTO, Calif., July 15, 2026— A federal judge has blocked California from enforcing SB 343 (Allen), granting a preliminary injunction to a coalition of 21 organizations challenging the law’s restrictions on truthful recycling labels and information.

Senior U.S. District Judge William Q. Hayes of the U.S. District Court for the Southern District of California found that the coalition had demonstrated it is likely to prevail on its First Amendment challenge to SB 343. The Court also found that several of the law’s recycling-labeling standards are likely unconstitutionally vague because businesses cannot reasonably determine whether their products and packaging comply.

The Court further found that the state had not demonstrated that SB 343 would materially improve recycling rates or reduce consumer confusion, and that the law’s broad restrictions on qualified recycling information were more extensive than necessary to advance those goals. Effective immediately, California is prohibited from enforcing SB 343 until further order from the Court.

Enacted in 2021, SB 343 restricts when businesses may use recycling symbols, instructions and other recyclability claims on products and packaging. The law requires packaging to satisfy statewide collection, sorting, and processing standards before it can be labeled recyclable, even when the packaging is accepted by recycling programs in parts of California. The coalition has argued that those standards do not reflect real-world recycling systems and would force businesses to remove accurate recycling information from packaging.

“Californians for Affordable Packaging and the petitioner group will continue to press the case that California can strengthen recycling without censoring truthful information on packaging and without adding unnecessary and significant costs for California families and businesses,” Californians for Affordable Packaging said in a statement.

“Yesterday’s ruling is a significant win, not just for our members, but for every business that wants to give consumers accurate information about the products they buy,” said Julie Landry, Vice President of Government Affairs at the American Forest & Paper Association. “Paper-based packaging is among the most recyclable material in the country, and our members should be able to say so truthfully. SB 343 would have forced manufacturers to strip accurate recycling information off packaging that is, in fact, recyclable – not because the claims were false, but because the law’s own standards were too vague to comply with. The Court recognized what we’ve said from the beginning: California cannot fix consumer confusion by restricting truthful speech.”

Plaintiffs include the California Restaurant Association, Dairy Institute of California, California Grocers Association, Pet Food Institute, SNAC International, Californians for Affordable Packaging, California League of Food Producers, Flexible Packaging Association, the Print Creative Alliance, Grower-Shipper Association of Central California, California Table Grape Commission, California Strawberry Commission, California Apple Commission, California Blueberry Commission, Olive Oil Commission of California, California Walnut Commission, American Forest & Paper Association and the Western Growers Association.

Media Contact:
William Valentine
Calkin Public Affairs
[email protected]

 

Central Coast DBM Pressure Survey

July 15th, 2026

Diamondback moth remains a persistent and evolving challenge for brassica production along the Central Coast. Effective, sustainable management depends on timely understanding of which integrated pest management tactics are being prioritized and how those priorities are shifting in response to field conditions. 

UC IPM Entomology Advisor Dylan J. Beal, PhD is conducting a survey to rate the relative importance of 13 key IPM tactics—spanning monitoring, insecticide rotation and selection, mating disruption, mechanical controls, natural enemy conservationand cultural practices such as weed management, transplant sourcing, fertility adjustments and production scheduling—in both their 2025 and 2026 programs. 

Why your input matters 

Your perspectives will help UC researchers and the industry: 

  •  Identify which practices are gaining or losing priority amid changing pest dynamics
  •  Highlight widely used or emerging approaches that merit further evaluation
  •  Inform targeted applied research and extension recommendations tailored to Central Coast conditions
  •  Support more effective, data-informed strategies to protect crop yields and quality

The survey takes only a few minutes to complete and is open to PCAs, growers and shippers operating in the region. 

Take the survey here: https://surveys.ucanr.edu/survey.cfm?surveynumber=49545 

For questions about the survey, please contact Dylan Beal at [email protected] or 831-294-9419. 

Cyclospora Resources for the Fresh Produce Industry

July 15th, 2026

As many of you are aware, public-health agencies are investigating an ongoing cyclosporiasis outbreak and an increase in reported cases across the United States. The following resources provide current, science-based information about Cyclospora, outbreak investigations and practices that can help reduce the risk of contamination. 

CDC Surveillance on Cyclosporiasis 

The Centers for Disease Control and Prevention is publishing updated national surveillance information as reports of cyclosporiasis increase during the 2026 season. As of July 9, CDC received reports of 843 confirmed domestically acquired cases across 31 states, including 86 hospitalizations and no deaths. CDC noted that additional cases were still being reviewed, and that reported totals were expected to rise because of delays between illness onset, diagnosis and reporting. Federal, state and local agencies are investigating several clusters, but potential sources have not yet been identified. 

The surveillance page also explains how CDC counts cases, distinguishes domestically acquired illness from travel-associated cases and provides updated epidemiological information as investigations continue. 

Source: CDC Surveillance of Cyclosporiasis 

FDA Cyclospora Overview:  

Provides accessible background on transmission, symptoms, foods historically associated with outbreaks and the limitations of washing produce. 

SourceFDA Cyclospora Overview 

General Cyclospora Information 

The University of Florida Institute of Food and Agricultural Sciences provides a general overview of the parasite, including how infections occur, common symptoms, foods that have historically been associated with illness and recommended prevention practices. This resource can serve as an introduction for employees, consumers and others seeking general background information. 

Source: Preventing Foodborne Illness: Cyclosporiasis 

Prevention Practices for Farms 

A second UF/IFAS publication focuses specifically on preventing Cyclospora contamination in agricultural production environments. It emphasizes worker health and hygiene, properly maintained toilet and handwashing facilities, management of human-waste leaks or spills, protection of agricultural water sources and evaluation of sewage and septic systems near production areas. 

Because commonly used sanitizers are not considered effective against Cyclospora, prevention efforts should focus on keeping human waste from entering growing and handling environments. 

Source: Prevention of Cyclospora Contamination and Transmission on the Farm 

Updates Related to the Current Investigation and FAQ 

The International Fresh Produce Association is maintaining a regularly updated webpage addressing questions related to the current investigation. The page includes information about symptoms, transmission, agricultural water, produce testing and steps consumers can take. 

It also reinforces that public health agencies have not recommended avoiding fruits or vegetables and that no specific food or produce company has been identified as the source of the current cases. Readers should check the page regularly as information may change as the investigation progresses. 

Source: What Is Cyclospora? FAQs from IFPA 

Understanding Cyclospora Outbreak Investigations 

The Association of Food and Drug Officials has developed a fact sheet explaining why Cyclospora investigations differ from investigations involving bacterial pathogens. 

The document discusses the importance of evaluating potential routes of human-waste contamination, including water sources, toilets, sewage systems, worker housing and flooding events. It also describes investigative challenges such as delayed case detection, the short shelf life of fresh produce, specialized laboratory methods and limited tools for directly connecting illnesses, environmental findings and food samples. 

Source: Investigating Fresh Produce Cyclospora Outbreaks 

Together, these resources can help the fresh produce community respond to questions with accurate, science-based information while continuing to emphasize prevention, agricultural water assessment, worker hygiene and sanitation. 

Technical Guidance for Food-Safety Professionals 

The National Advisory Committee on Microbiological Criteria for Foods report, Cyclospora cayetanensis in Produce, provides an in-depth technical review of the factors that may contribute to the contamination of fresh produce. The report examines the parasite’s biology, potential environmental and human-waste contamination pathways, agricultural water, sanitation and hygiene practices, available detection methods, and the challenges associated with controlling Cyclospora in production and handling environments. It also identifies important scientific and operational knowledge gaps and provides recommendations to support more effective prevention, investigation and management strategies. This resource is particularly valuable for growers, food-safety professionals, researchers and regulatory personnel seeking a detailed assessment of the current science. 

Source: NACMCF Report: Cyclospora cayetanensis in Produce 

If you have any questions, please contact the WGA science team [email protected]  and [email protected].  

Cyclospora: Blind by Choice. This is the Cost of Dismantling Food Safety Surveillance

July 14th, 2026

There’s something new these days in food safety. Or, more accurately, something old.

We have returned to a time when we were challenged to know what was happening in food safety and public health since the tools were not available to us. There was no PCR. There was no Whole Genome Sequencing. We didn’t know about some of the pathogens that we now freely discuss – not because they didn’t exist, but because we simply didn’t know they did. I could go on and on, but the point is that we used to be challenged because we were limited in our action since we lacked tools for detection, research, and public health infrastructure.

Back then, we were missing information because the tools did not exist. Today, we lack information because we have chosen to dismantle or underfund the systems that use them.

Public health infrastructure isn’t a ‘nice-to-have’. It’s essential to protecting consumers, to support food producers, and build prevention-based systems. A cornerstone of prevention-based systems is proactive surveillance and monitoring.

Testing for pathogens does not create a pathogen, and stopping doesn’t make them disappear. Active surveillance allows us to identify them early, determining how the pathogen is moving in the community, target interventions and limit the spread if present. We all saw during the recent COVID pandemic how uncertainty about risk ripple through society. Fear grows and responses become larger, less targeted, and more disruptive. The resulting damage extends far beyond the immediate threat.

This is what we are seeing with the current Cyclospora outbreak.

The number of influencers, media, articles, industry calls and public concern about this outbreak is enormous. The attention is understandable. When it comes to whether consumers, and their families, are going to be impacted by this illness, there is high interest. People want to know whether they and their families are going to be safe. They care deeply about the safety of their environment, water, and food system because most Americans depend almost entirely on a distributed supply they cannot independently verify.

The harm is not limited to the thousands of Cyclospora illnesses reported as of July 2026. It includes the rapid erosion of trust in the water we drink, the food we buy, the restaurants where we eat, and the institutions expected to protect us. Few things create more anxiety than uncertainty about something as fundamental as food.

It doesn’t (and shouldn’t) have to be this way.

Information about foodborne pathogens, surveillance, and transmission pathways is not optional. Stopping monitoring does not eliminate risk. It makes risk harder to see, harder to manage, and more likely to generate fear and distrust.

For the food industry, the absence of specificity is especially damaging. When investigators cannot identify the source, pathway, or scope of an outbreak, entire commodities, regions, and sectors may be broadly implicated. Those generalizations can mislead consumers, damage responsible producers, and impose costs far beyond the products removed from shelves.

Another current headline offers a useful contrast: the New World screwworm threat to the U.S. beef supply. In response, USDA has committed substantial resources to surveillance, prevention, movement control, and research. The strategy is straightforward – determine where the threat is, understand how it is moving, and act before it spreads.

Cyclospora alone may not threaten the volume of the U.S. food supply in the same way, but it threatens consumers’ health and confidence in that supply. The loss of trust may ultimately be the broader and more persistent threat.

The time is now to be outraged but not just outraged.

The time is now to reinstate the surveillance systems that our US consumers and producers deserve. Overly broad implications of food items cost far more than the product removed from the shelves. It continues to lower the level of trust in the system for all within our food system and that has significant costs for all of us.

Cyclospora needs to be monitored, but not just for the food supply.

We need to understand when it appears, where it is circulating, how it moves through communities, and why predictable seasonal increases continue to occur. That means monitoring illnesses, waterways, wastewater treatment systems, and food and agricultural environments for earlier evidence of community circulation.

Wastewater surveillance could provide an earlier signal that Cyclospora is present in a population, allowing public health officials to target investigations more efficiently. Expanded monitoring would also increase access to Cyclospora oocysts, which remain a major limiting factor in research, method development, and source attribution.

It is time to treat Cyclospora as the recurring public health threat it is, and to rebuild the whole public health surveillance systems needed to see it, study it, characterize it, and manage it before uncertainty becomes the crisis.

 

Reservoir Expands Specialty Crop Innovation Network to Arizona

July 10th, 2026

Reservoir Farms has launched a new pilot program in Yuma, Ariz., giving agtech startups access to 500 acres of commercial specialty crop production to test and refine robotics, artificial intelligence and automation technologies under real-world farming conditions. The initiative, developed in partnership with the University of Arizona’s Yuma Center for Excellence in Desert Agriculture (YCEDA), the Yuma Agricultural Center and Western Growers, is expected to begin operating Oct. 1 ahead of the region’s fall and winter growing season.

The Arizona site expands Reservoir Farms’ existing innovation network, allowing companies to test technologies year-round as production shifts between regions. By connecting startups with growers and researchers in one of the nation’s most important specialty crop production areas, the program aims to accelerate the development and adoption of practical solutions that improve efficiency, address labor challenges and strengthen the future of specialty crop agriculture.

Learn more about the Yuma location here.

California Civil Rights Department Updates Guidance on Disability Accommodations

July 9th, 2026

The California Civil Rights Department (CRD) has released new guidance on workplace protections for workers with disabilities. The fact sheet does not appear to create new legal obligations, but it is a useful reminder of California employers’ existing duties to reasonably accommodate employees and applicants with disabilities and to engage in a timely, good-faith interactive process. 

California law protects people with disabilities from discrimination at work. These protections include the right to request a reasonable accommodation, which can include a change of workplace practices or policies that will make it possible for a person with disabilities to perform or continue performing the essential functions of their job. 

Under California law, a disability is a condition that limits the individual’s ability to perform a major life activity, such as working, walking, concentrating, or communicating. Employees may request a reasonable accommodation  at any time during their employment. A request does not need to be in writing, and the employee does not need to use specific legal terms. An employee may request an accommodation even if their disability can be treated with medication, is in remission, only happens sometimes, or is temporary. 

Reasonable accommodations may be unique and creative to respond to a person’s specific disability-related needs. Regardless of whether an accommodation request can be granted, employers made aware of an employee’s need for an accommodation must engage in a timely, good-faith interactive process with the employee in a way that does not delay the accommodation process. 

CRD’s guidance also reminds employers that accommodation requests should be handled promptly. Even when the requested accommodation cannot be granted as proposed, the employer must continue the interactive process and consider whether another effective accommodation is available. Employers should also consider the employee’s preference, though they may choose a different effective accommodation when more than one option would meet the employee’s disability-related need. 

Workplace accommodations can take many forms. Examples include: 

  • Allowing service animals (i.e., guide dogs) at work to help an employee navigate an office. 
  • Restructuring job tasks, such as limiting the weight of objects an employee must lift. 
  • Changing work schedules to accommodate regular medical appointments. 
  • Allowing remote work. 
  • Providing additional training to help give an employee more time to learn how to do a task. 

The guidance also highlights limits on medical documentation. When the disability or need for accommodation is not obvious, employers may request reasonable medical documentation. But medical inquiry or certification forms should not ask for more information than the employer is legally entitled to receive, such as medical records, a specific diagnosis, or information about the cause of the disability. If the documentation is unclear, the employer should continue the interactive process rather than deny the request outright. 

Employers may deny a requested accommodation only in limited circumstances, such as when the individual is not covered by the law, the accommodation would eliminate an essential job function, the accommodation would create an undue hardship, or the accommodation would create a health or safety risk. Even then, employers should continue evaluating whether another accommodation may be effective. 

CRD’s fact sheet also briefly addresses reasonable accommodations for employees who are victims, or whose family member is a victim, of certain acts of violence. Those accommodations may include safety measures, reassignment, modified schedules, or other workplace changes. 

Employers should use the new CRD fact sheet as an opportunity to review their accommodation policies, medical certification forms, job descriptions, supervisor training, and documentation practices. Frontline supervisors and managers should be trained to recognize accommodation requests, avoid unnecessary medical inquiries, and promptly involve Human Resources or management when an employee raises a disability-related work limitation. 

Key resources offered through the CRD’s website include the following: 

SB 399 Litigation Update: Ninth Circuit Hears Argument in Challenge to California’s “Captive Audience” Law

July 9th, 2026

As previously reported here, Western Growers, the California Chamber of Commerce and coalition partners challenged SB 399, California’s so-called “captive audience” statute, and secured a preliminary injunction blocking enforcement of the law while the case proceeds. The district court found that SB 399 likely violates the First Amendment and is preempted by the National Labor Relations Act to the extent it restricts employer communications about unionization. 

On July 7, 2026, the Ninth Circuit heard oral argument in the state’s appeal of that preliminary injunction. Plaintiffs’ counsel, Lonnie Giamela, argued before the court alongside counsel for the U.S. Chamber of Commerce, which filed an amicus brief in support of the plaintiffs. 

SB 399 restricts an employer’s ability to require employees to attend meetings or participate in communications concerning certain political or religious matters, including union-related issues. The law has raised significant concerns for employers because it implicates workplace communications that have long been protected under federal labor law and the First Amendment. 

The July 7 argument focused primarily on three issues. First, the panel questioned whether the plaintiffs had established organizational standing, including whether their declarations were sufficient to support a pre-enforcement challenge. Second, the court examined whether the First Amendment applies to employer speech in the private workplace. Third, the panel considered whether SB 399 is preempted by the National Labor Relations Act. 

The panel also explored how the statute should be characterized. Plaintiffs argue that SB 399 regulates employer speech based on content and viewpoint. The state, by contrast, has argued that the law addresses employee discipline and workplace conduct, rather than speech itself. 

The case has now been submitted for decision. There is no firm deadline for a decision. A ruling within approximately three months would be a reasonable target, although the timing remains entirely within the court’s discretion. 

Western Growers will continue to monitor the litigation and provide updates as the case develops. Employers should continue to exercise caution when addressing union-related, political, or religious topics in mandatory workplace meetings while the preliminary injunction remains in place and the appeal is pending.

Cal/OSHA Publishes Modifications to Proposed “Worker Walk-Around” Rule

July 9th, 2026

As previously reported by Western Growers, Cal/OSHA has proposed a California version of the federal OSHA “worker walk-around” rule that would define who may accompany a Cal/OSHA inspector during the walk-around portion of a workplace inspection. Cal/OSHA has now published revisions to the proposed text and is accepting written comments on the modifications until 11:59 p.m. on July 16, 2026 

The revisions are limited but important. First, Cal/OSHA added language stating that employer and employee representatives accompany the inspector “for the purpose of aiding such inspection.” This addition helps frame representative participation as tied to the inspection itself, rather than broader advocacy, organizing, or other activity unrelated to Cal/OSHA’s inspection. 

Second, Cal/OSHA revised the third-party representative standard. The prior text referred to whether a third party’s “participation” was reasonably necessary. The modified text now refers to whether the person’s “accompaniment” is reasonably necessary to conduct an effective and thorough physical inspection. The proposed rule would still allow an employee-authorized representative to be an employee, a third party, or the collective bargaining representative. If the representative is neither an employee nor the collective bargaining representative, the inspector may allow the person to accompany the inspection only if good cause has been shown.  

For employers, the main concern remains the potential presence of outside third parties during Cal/OSHA inspections. Even with the revised wording, the proposal gives Cal/OSHA inspectors significant discretion to decide whether a non-employee representative may accompany the inspection based on knowledge, skills, experience with workplace hazards or similar workplaces, or language and communication skills. 

The proposed rule also confirms that Cal/OSHA controls the inspection and may limit representative interactions to ensure the inspection remains fair, effective, and appropriately focused. Cal/OSHA may also deny accompaniment to anyone whose conduct disrupts a fair and orderly inspection. 

Agricultural employers should consider whether to submit comments focused on the modified language, especially if they have concerns about safety, biosecurity, trade secrets, food safety requirements, customer confidentiality, employee housing, disruption to operations, or unclear limits on third-party access. 

Comments may be submitted by email to [email protected]Only comments related to the latest modifications will be considered. Cal/OSHA requests that email comments, especially those with attachments, include the regulation identifier “Employer Representative and Representative Authorized by Employees” in the subject line. Comments may also be mailed or hand-delivered to Silas Shawver, Staff Counsel, Cal/OSHA Legal Unit, 1515 Clay Street, Suite 1901, Oakland, California 94612. 

Arizona AG Creates New Community Civil Rights Advisory Council

July 9th, 2026

Arizona employers should take note of a recent development from the Arizona Attorney General’s Office: Attorney General Kris Mayes has announced the creation of a new Community Civil Rights Advisory Council within her office. The move follows the Arizona Legislature’s decision earlier this year to eliminate the state’s long-standing Arizona Civil Rights Advisory Board. 

For nearly 60 years, the former Advisory Board worked with the Attorney General’s Civil Rights Division to research and address civil rights issues across the state, including hate-based crimes and incidents, fair housing, accessibility concerns impacting individuals with disabilities, and civil rights issues in rural communities. According to the Attorney General’s Office, the newly created Council intends to continue that community engagement and support the office’s work to address unlawful discrimination in Arizona. 

What Does it Mean? 

While the announcement does not create new employer obligations, it signals continued attention from the Arizona Attorney General’s Office on civil rights and anti-discrimination issues statewide. Employers should view this as a reminder to review workplace practices, policies, and complaint-response procedures to ensure they are aligned with applicable federal, state, and local anti-discrimination requirements. 

The Council’s work may also help shape future areas of focus for the Attorney General’s Office, particularly around accessibility and broader civil rights concerns. A few key next steps to consider include the following:  

  • Review equal employment opportunity, anti-harassment, anti-discrimination, and reasonable accommodation policies for compliance with applicable state and federal laws. 
  • Confirm that managers and supervisors understand how to identify, escalate, and respond to discrimination, harassment, retaliation, and accommodation-related concerns. 
  • Evaluate complaint intake and investigation procedures to ensure employee concerns are handled promptly, consistently, and appropriately documented. 

FDA Food Traceability Rule Training Course

July 8th, 2026

Western Growers is hosting a Food Safety Preventive Controls Alliance (FSPCA) Traceability Rule Training. This in-person course is intended for fresh produce companies covered by the FDA’s Food Traceability Rule (FTR), including growers, harvesters and coolers of raw agricultural commodities (RACs) on the food traceability list, and all fresh-cut fruit and vegetable processors.

The training will help participants understand the importance of this rule, identify its key requirements, learn practical steps to achieve compliance, and develop a traceability plan for their operations.

Participants who complete the course, including full attendance and participation, are eligible to receive an FSPCA certificate of completion. This course is intended for individuals who want to learn about this rule and the steps to achieve compliance. To register and learn more about this course, click here.

 

Course Date & Time

  • Monday, August 24, 2026, from 8:00 a.m. to 4:00 p.m. Pacific Time — AND —
  • Tuesday, August 25, 2026, from 8:00 a.m. to 12:00 p.m. Pacific Time (2 DAYS)

 

Course Location:

Monterey County Farm Bureau

1140 Abbott St., Ste. C, Salinas, CA 93901

 

Course Instructors:

Jennifer McEntire, Ph.D.

Founder, Food Safety Strategy, LLC

Sonia Salas, M.S.

AVP Food Safety & Regulatory Affairs, Western Growers Association

 

Registration Fee:

WG member: $600

Non-WG member: $800

Food, soft drinks, and snacks are included.

Register by August 14th to ensure a space and printed materials. The space is limited.

 

 

New Report Examines Economic Impact of 2022–2023 Hepatitis A Strawberry Outbreaks

July 8th, 2026

A new report published by Western Growers examines the economic and food safety implications of the 2022 and 2023 Hepatitis A outbreaks linked to imported strawberries. While both outbreaks were ultimately traced to a single foreign grower, the report found that California strawberry growers experienced an estimated $125 million in short-term wholesale revenue losses following the 2022 FDA public health advisory, despite no recall being issued for domestic strawberries. The analysis concludes that the decline was driven by a temporary, industry-wide drop in consumer demand rather than changes in supply. The analysis of these outbreaks highlights the importance of traceability, transparency, and timely follow-up when a source is identified, as well as the need for consistent oversight and regulatory responses across both domestic and foreign supply chains.  

Here are a few takeaways. To access the full report, click here. 

  • The U.S. Food and Drug Administration’s initial announcement during the 2022 outbreak did not clarify that the impacted strawberries were imported.  
  • Short-term demand shocks from the 2022 outbreak cost the California industry approximately $125 million. In the five weeks following the FDA’s May 28, 2022, announcement of the 2022 outbreak, FOB prices fell by nearly 30% for both conventional and organic strawberries beyond what could be expected for typical seasonal and supply price trends 
  • Because the announcement of the outbreak was released on the Saturday of Memorial Day Weekend, which is the unofficial start of peak strawberry season for California growers, farmers in California shouldered disproportionate costs from the demand shock.  
  • Based on industry interviews, long-term and ongoing costs for California growers related to the outbreak have been minimal. But that is because California strawberry growers were already leading in food safety practices and had not had to implement additional measures in response to the outbreaks.  
  • Even though an enteric virus outbreak in berries has not been traced to U.S. berry growers in over 35 years, California strawberry growers bore the brunt of the 2022 outbreak-related revenue declines. 
  • Strawberries have a global supply chain. Foodborne viruses and bacteria do not know borders.  

The Barrier Is Not Always Data Results. Sometimes It Is Decision Culture

July 8th, 2026

A major barrier to learning from data is not always the absence of evidence. Sometimes the learning is clear, but the culture is not ready to accept it. 

For academics, subject matter experts and industry groups that are advising industry, developing best practices or recommending how learnings should be applied, this raises a deeper responsibility. The legal concept of duty of care is useful here: are we acting reasonably, based on what is knowable at the time, to help reduce foreseeable risk? 

Food safety systems have often treated uncertainty, understandably, as a reason for inaction when considering changes to programs, systems or practices. New data, models or trends may be dismissed as “just math,” “not enough information,” or “not definitive enough to act on.” But once data are structured to provide more contextualized learning, and those learnings begin to clarify risk or improve decision-making, ignoring them may no longer be a neutral or advisable choice. 

The real question is whether the data improves the quality of the decision compared with the status quo. A learning system must help the community move from “we do not know enough” to “we now know enough to adjust, monitor, and improve.” That responsibility is anchored in the role of the advising group: to ensure that emerging learnings are adequately discussed, interpreted and translated into guidance for the community they are intended to serve.