Nisei Farmers League and African American Farmers of Calif in Sacramento TODAY to Oppose AB 1066

Nisei Farmers League and African American Farmers of California Discuss Disastrous AB 1066 in Sacramento Today

EDITOR’S NOTE: SEE TEDX TALK VIDEO BELOW OF WILL SCOTT, JR., PRESIDENT OF AFRICAN AMERICAN FARMERS OF CALIFORNIA.

TODAY, Manuel Cunha Jr., president of the Nisei Farmers League and Will Scott, Jr., president of the African American Farmers of California are meeting in Sacramento with members of the California Assembly to explain the disastrous consequences of AB 1066, referred to as Agricultural workers: wages, hours, and working conditions, on small and minority farmers.

The effects of this legislation, particularly the Phase-In Overtime for Agricultural Workers Act of 2016, will be detrimental not only to the farmworker who counts on the extra hours, but to the farmer who, with the increasing costs of regulations and the lack of water, will be forced to cut back on crops and their workforce, according to their joint press release.

Manuel Cunha, Jr., president, Nisei Farmers League

“The small and minority farmer will be adversely affected by this ill-conceived legislation,” said Manuel Cunha Jr. “The small farmer works hand in hand with their workforce in the fields and [is] in a better position —with direct input from the workers—to determine schedules rather than politicians in Sacramento looking for a soundbite,” he explained. “Without meeting with our small and minority farmers and farmworkers, these politicians pass legislation that will cost our workforce money, our farmers crops, and the residents of California the fresh fruits and vegetables they enjoy everyday.”

Both Manuel Cunha Jr. and Will Scott believe the Legislators need to consider the small and minority farmers when casting their votes. “We are confident that after we meet with the Assembly members,” said Will Scott, Jr., they will understand how harmful this legislation is to our farmers and farmworkers. It is our hope that by educating the members, they will understand the importance of this bill and vote No on AB 1066.”

Nisei Farmers League

The League continues to inform grower members about ever changing regulations and policies providing legal assistance for labor and workplace related issues. Our leadership and staff maintains a close working relationship with local, state and federal agencies and legislators to assure grower interests are adequately understood and defended.

The NFL also collaborates with other grower and agricultural organizations in both California and other states to help provide a powerful, unified voice for the agricultural community.

Grower members are kept informed through meetings, seminars, newsletters and special bulletins.

Strength, clear focus and growers looking out for growers and farm workers… that is what the Nisei Farmers League is all about.

African American Farmers of California

The Fresno-based African American Farmers of California organization has doubled its membership since it opened a 16-acre demonstration farm in Fresno County, which serves as a testing area where new farmers can get hands-on experience growing a variety of produce.

View Will Scott, Jr. present a TEDx Fruitvale Talk (Uploaded on Oct 20, 2011) Here.

One of Scott Family Farms primary goals is to reintroduce Southern specialty crops, part of the traditional African American diet, into black communities, to help stop the obesity and diabetes epidemics. Crops include: black-eyed peas, crowder peas, purple hull peas, field peas, collard greens, turnip greens, mustard, corn, tomatoes, okra and sweet potatoes.

California Ag Today2016-08-29T10:27:40-07:00August 29th, 2016|

Air Resources Board to Rein In Cow Flatulence

Public Enemy #1: Cow Flatulence

By Patrick Cavanaugh, Farm News Director

While not a popular or sexy topic of discussion, flatulence is a very natural activity. Who amongst us hasn’t occasionally burped, belched, or otherwise passed a little gas? When guilty of passing waste gases such as hydrogen, carbon dioxide, methane and other trace gases due to the microbial breakdown of foods during digestion, we may say, “Excuse me.”

But for dairy cows and other cattle, manners do not suffice; the California Air Resources Board (ARB) has a low tolerance for such naturally occurring and climate-altering gaseousness. The ARB is planning to mandate a 25% reduction in burps and other windy waftage from dairy cows and other cattle, as well as through improved manure management.

Anja Raudabaugh, CEO of the Modesto-based Western United Dairymen (WUD), said, “The ARB wants to regulate cow emissions, even though the ARB’s Short-Lived Climate Pollutant (SLCP) reduction strategy acknowledges that there’s no known way to achieve this reduction. The ARB thinks they have ultimate authority, even over what the legislature has given them: two Senate Bills—SB 32 and SB 1383—to limit the emissions from dairy cows and other cattle.”

“We have a social media campaign addressing the legislative advocacy components,” Raudabaugh explained, “to make the legislatures aware that this authority has not been given to ARB by the legislature, and to bring that into perspective.” Raudabaugh said while SB 32 is not that popular because it calls for raising taxes, SB 1383 is worrisome, “because if anybody wanted to achieve something of a win for the legislature this year with respect to greenhouse gas emissions, this is the only bill left,” she said.

Cattle Flatulence Social Media (Source: Western United Dairymen Facebook)

Raudabaugh said that in order for the ARB to achieve their mandated 75% reduction in total dairy methane emissions, they are proposing that 600 dairy digesters be put on the methane grid by 2030. According to the ARB’s own analysis that could cost as much as several billion dollars—more than $2 million, on average, for each of California’s remaining 1,400 family dairy farms.

“That is not only expensive, but digesters do not work for every dairy. They can be an option for some, but because of their expense and the reality that not everyone ‘dairies’ the same way, digesters cannot be a mandated solution,” noted Raudabaugh. “All dairy personnel and other interested Californians should contact your state legislature and urge them to veto both bills and not allow the ARB more powers than they actually have.”

California Ag Today2021-05-12T11:17:12-07:00August 17th, 2016|

Winegrape Cultural Practices Go Mechanical

Winegrape Cultural Practices Must Go Mechanical for Sustainability

By Emily McKay Johnson, Associate Editor

Higher wages handed down by the California Legislature are driving California winegrape growers to mechanize many farming operations. Doug Beck, geographic information systems (GIS) specialist and agronomist for Monterey Pacific Incorporated who works with winegrowers in the Salinas Valley, commented, “We don’t have the people; that’s the main problem. We can put bodies out in the field, but we can’t get the work done the way it needs to be done, at the time it needs to be done,” he said.

Mechanical Box Pruning on Winegrapes

So the industry has no choice but to go mechanical on pruning, leafing as well as harvesting. Beck explained pruning has been tough to mechanize. “We’re basically just trying to do a system that is pruned by a tractor, creating a box head that self-regulates—it sets the amount of crop it needs and grows the size canopy it needs in order to balance that vine, produce good quality grapes and produce enough to be economically viable,” noted Beck.

Economic viability—profit—is critical, according to Beck. “In fact, it is true sustainability. Otherwise we’re not in business,” he said.

Mechanical pruning essentially creates a hedge every year. Beck explained, “Typically we have pruning spurs that have two buds or three buds, a hand space apart, coming off that cordon that we cut by hand. Instead of just having spurs, we let that grow into a box, and the mechanical pruner cuts along the sides and then across the top of the vine in one pass,” Beck explained. “It looks basically like a long box,” he said.

Beck has discovered that mechanical pruning into a box shape on the trellis wires, “works across all varieties we’ve tried. We’re definitely in a cool area for grape production,” Beck said, “so those are the kind of grapes that we’re growing: Pinot Noir, Grenache, Chardonnay, and Pinot Gris, along with some Cabernet.”

Beck said that winegrape vineyards have a lot of vigor in the Salinas Valley. “You also have big crops, which may also require some shoot or crop thinning. You have to come up with other machines to do the rest of the operations that they usually do by hand.”

“The mechanical process appears to be working well because growers are seeing a bump in yield of 30 to 50 percent,” Beck commented, “and they are saving about $1,000 per acre. Economically, it makes a lot of sense.”

“Quality is definitely acceptable. It’s as good as any other trellis system we have out there. Quality comes from vine balance and fruit exposure to light, and that box prune system accomplishes both,” said Beck.

California Ag Today2021-05-12T11:05:49-07:00August 11th, 2016|

CAWG Gears Up to Fight New Overtime Bill

Following Defeat of Overtime Bill AB 2757, CAWG Gears up to Fight New Overtime Bill AB 1066

By Laurie Greene, Editor

California Assembly Bill 2757, which called to end the 10-hour workday for farm laborers (by enforcing overtime) and to illuminate extra work time opportunities, was voted down in June 2016, but a new version of the bill, AB 1066, is back on the drawing table.

Brad Goehring, treasurer of the California Association of Winegrape Growers (CAWG) Board of Directors and current chair of the CAWG State Government Affairs Committee, spoke about the process of fighting back on this bill. “We already beat it and we had a major victory in the California State Assembly earlier in the year. The author of the bill didn’t like that result, and it is all union-backed and backed by taxpayer groups like California Rural Legal Association, Inc. (CRLA),” Goehring said.

“But the pressure is back,” said Goehring, also a fourth–generation winegrape grower and owner of Goehring Vineyards, in Clements, near Lodi. “They did a dirty gut and amend bill¹, which is a slide of hand and basically reintroduces the bill again under a different bill number. This time it’s going to start in the Senate and we’re expecting a tough battle; but we’ve got a very organized coalition of Ag associations and we’re going to put the same energy into fighting this that we did before,” explained Goehring.

“It was a bloody fight in the Assembly,” noted Goehring. “But still, we’re optimistic as there are plenty of no votes from the party that wanted this to go through that we think it will be hard for the governor to sign even if [the bill] makes that far.

Goehring maintained, “The key is to educate legislators that the bill would hurt farmworkers because it would force farmers to minimize work hours to prevent overtime payroll. In fact, farmworkers are pushing for this second bill to fail.”

“Where the lack of understanding lies is the clear line between the urban legislators and the rural legislators,” Goehring commented. “The urban legislators, ironically, are the ones who already hav $15 minimum wage laws in their towns—San Diego, San Jose, Los Angeles, and San Francisco. These legislators are trying to cram it down our throats and our lives here in the rural areas. We’re not having any real hard times getting to agreement with either party, if they are in the rural areas. It’s the urban ones that are doing all the damage.”

“We’ve had these legislators out to our farms. We’ve walked away and let them talk openly with our employees, and our employees have told them they don’t want it,” Goehring said. “Our employees have told them that they want to make an honest living. They want to teach their kids how to do the same thing. Our employees have taken it one step further; we overheard them telling the legislators they are not even in favor of any of the entitlement programs because that’s not the way to make an honest living that they want for their kids.”

“With all that said,” Goehring concluded, “the urban legislators are turning their backs on and ignoring our employees. This is all about unions and CRLA. They don’t care about the employees—is basically what they’re saying,” noted Goehring.

¹GUT AND AMEND is when amendments to a bill remove the current contents in their entirety and replace them with different provisions. (Source: California State Legislature Glossary of Legislative Terms).

California Ag Today2021-05-12T11:05:50-07:00August 5th, 2016|

CULTIVATING COMMON GROUND: The State of the Wealthy Class in California

CULTIVATING COMMON GROUND:

The State is Sinking, and Its Wealthy Class Is Full of Hypocrites

Editor’s note: We thank Victor Davis Hanson for his contribution to California Ag Today’ CULTIVATING COMMON GROUND.

By Victor Davis Hanson

There was more of the same-old, same-old California news recently. Some 62 percent of state roads have been rated poor or mediocre. There were more predications of huge cost overruns and yearly losses on high-speed rail—before the first mile of track has been laid. One-third of Bay Area residents were polled as hoping to leave the area soon.

Such pessimism is daily fare, and for good reason.

The basket of California state taxes—sales, income, and gasoline—rate among the highest in the U.S. Yet California roads and K-12 education rank near the bottom.

After years of drought, California has not built a single new reservoir. Instead, scarce fresh aqueduct water is still being diverted to sea. Thousands of rural central-California homes, in Dust Bowl fashion, have been abandoned because of a sinking aquifer and dry wells.

One in three American welfare recipients resides in California. Almost a quarter of the state population lives below or near the poverty line. Yet the state’s gas and electricity prices are among the nation’s highest.

– Victor Davis Hanson

One in four state residents was not born in the U.S. Current state-funded pension programs are not sustainable.

California depends on a tiny elite class for about half of its income-tax revenue. Yet many of these wealthy taxpayers are fleeing the 40-million-person state, angry over paying 12 percent of their income for lousy public services.

Public-health costs have soared as one-third of California residents admitted to state hospitals for any causes suffer from diabetes, a sometimes-lethal disease often predicated on poor diet, lack of exercise, and excessive weight.

Nearly half of all traffic accidents in the Los Angeles area are classified as hit-and-run collisions.

Grass-roots voter pushbacks are seen as pointless. Progressive state and federal courts have overturned a multitude of reform measures of the last 20 years that had passed with ample majorities.

In impoverished central-California towns such as Mendota, where thousands of acres were idled due to water cutoffs, once-busy farmworkers live in shacks. But even in opulent San Francisco, the sidewalks full of homeless people do not look much different.

What caused the California paradise to squander its rich natural inheritance?

Excessive state regulations and expanding government, massive illegal immigration from impoverished nations, and the rise of unimaginable wealth in the tech industry and coastal retirement communities created two antithetical Californias.

One is an elite, out-of-touch caste along the fashionable Pacific Ocean corridor that runs the state and has the money to escape the real-life consequences of its own unworkable agendas.

The other is a huge underclass in central, rural, and foothill California that cannot flee to the coast and suffers the bulk of the fallout from Byzantine state regulations, poor schools, and the failure to assimilate recent immigrants from some of the poorest areas in the world.

The result is Connecticut and Alabama combined in one state. A house in Menlo Park may sell for more than $1,000 a square foot. In Madera, three hours away, the cost is about one-tenth of that.

In response, state government practices escapism, haggling over transgender-restroom and locker-room issues and the aquatic environment of a three-inch baitfish rather than dealing with a sinking state.

What could save California?

Blue-ribbon committees for years have offered bipartisan plans to simplify and reduce the state tax code, prune burdensome regulations, reform schools, encourage assimilation and unity of culture, and offer incentives to build reasonably priced housing.

Instead, hypocrisy abounds in the two Californias.

If Facebook billionaire Mark Zuckerberg wants to continue lecturing Californians about their xenophobia, he at least should stop turning his estates into sanctuaries with walls and security patrols. And if faculty economists at the University of California at Berkeley keep hectoring the state about fixing income inequality, they might first acknowledge that the state pays them more than $300,000 per year — putting them among the top 2 percent of the university’s salaried employees.

Immigrants to a diverse state where there is no ethnic majority should welcome assimilation into a culture and a political matrix that is usually the direct opposite of what they fled from.

More unity and integration would help. So why not encourage liberal Google to move some of its operations inland to needy Fresno, or lobby the wealthy Silicon Valley to encourage affordable housing in the near-wide-open spaces along the nearby I-280 corridor north to San Francisco?

Finally, state bureaucrats should remember that even cool Californians cannot drink Facebook, eat Google, drive on Oracle, or live in Apple. The distant people who make and grow things still matter.

Elites need to go back and restudy the state’s can-do confidence of the 1950s and 1960s to rediscover good state government — at least if everyday Californians are ever again to have affordable gas, electricity, and homes; safe roads; and competitive schools.

Victor Davis Hanson, as described on his website, is the Martin and Illie Anderson Senior Fellow in Residence in Classics and Military History at the Hoover Institution, Stanford University, a professor of Classics Emeritus at California State University, Fresno, and a nationally syndicated columnist for Tribune Media Services.

He is also the Wayne & Marcia Buske Distinguished Fellow in History, Hillsdale College, where he teaches each fall semester courses in military history and classical culture.

Hanson was awarded the National Humanities Medal in 2007, the Bradley Prize in 2008, as well as the William F. Buckley Prize (2015), the Claremont Institute’s Statesmanship Award (2006), and the Eric Breindel Award for opinion journalism (2002).

Hanson, who was the fifth successive generation to live in the same house on his family’s farm, was a full-time orchard and vineyard grower from 1980-1984, before joining the nearby CSU Fresno campus in 1984 to initiate a classical languages program. In 1991, he was awarded an American Philological Association Excellence in Teaching Award, which is given yearly to the country’s top undergraduate teachers of Greek and Latin.

The opinions, beliefs and viewpoints expressed by the various participants on CaliforniaAgToday.com do not necessarily reflect the opinions, beliefs, viewpoints or official policies of the California Ag Today, Inc.

California Ag Today2016-08-09T15:32:36-07:00July 12th, 2016|

Historic Temperance Flat MOU Signing

Assemblymember Bigelow on Historic July 1 MOU Signing

By Patrick Cavanaugh, Farm News Director

East of Fresno at Friant Dam last Friday, July 1, the San Joaquin Valley Water Infrastructure Authority (SJVWIA) and the United States Department of the Interior, Bureau of Reclamation signed an historic Memorandum of Understanding to coordinate and complete feasibility studies of the proposed Temperance Flat Dam.

Historic July 1, 2016 MOU Signing for Temperance Flat Dam

State Assemblymember Frank Bigelow, 5th Assembly District (serving a large portion of Madera County, along with all the foothill and mountain communities north of Madera to the Sacramento area) noted the critical importance of getting Temperance Flat Dam built to store freshwater for the citizens and farmers of California.

Bigelow, a Madera rancher and farmer of pistachios, figs, and persimmons, said, “This is a huge event to enable us to have additional [water] storage. I just am so thankful to the people who put the water bond forward. Without the money that the people have made possible by voting to support the water bond, none of this would be possible; that’s a clear message.”

Friant Dam and Millerton Lake State Recreation Area (Source: U.S. Bureau of Reclamation)

“Without water,” Bigelow explained, “none of our communities would continue to survive in the way they have for years and years. Much of the water we see is being used in different ways; it is not all going to agriculture, and it is not all going to residential. It is going to the environment. So we’ve got to divide that up by the law now, and in equal proportional value.”

“Right now,” he detailed, “Millerton Lake captures 526,000 acre-feet of [fresh] water, but we have millions of lost acre-feet that flow past every year into the Delta, then ultimately to the ocean.” Upon completion, the Temperance Flat Dam would hold more than twice the amount of water that Friant Dam holds—”especially important for capturing freshwater during heavy rain and snow years,” noted Bigelow.

California Ag Today2016-07-07T10:05:08-07:00July 7th, 2016|

Call for Action to Oppose Overtime Bill AB 1066

Overtime Bill AB 1066 Needs Immediate Opposition

By Laurie Greene, Editor

California Assembly Bill (AB) 1066 to change overtime requirements for agricultural workers is returning as a “gut and amend”* measure scheduled for a hearing in the Senate Labor and Industrial Relations Committee on June 29, 2016. Emily Rooney, president of the Agricultural Council of California (Ag Council), is urging the agricultural industry to tell the State Senate TODAY how this bill would hurt farmworker wages.

California already requires agricultural employers to provide overtime pay to farmworkers after they work 10 hours in one day and 60 hours in one week, which recognizes the flexibility that farmers and employees need given the variable nature of farming and seasonal labor. Authored by Assemblywoman Lorena Gonzalez (D-San Diego), AB 1066, phases in a new overtime wage law requiring California farmers to pay agricultural workers overtime after eight hours in one day or 40 hours in one week by the year 2022.

Rooney says AB 1066 adds an unnecessary regulatory burden on the agricultural industry, and, combined with the recently passed $15 minimum wage law, makes it difficult for farmers in the state to remain competitive. “We do need six democrats to vote with us to oppose the bill, which will be a challenge,” said Rooney. “The Senate is left of center, at least compared to the Assembly, but we are working very hard to secure those votes and just hope that the bill doesn’t get back to the Assembly.”

Rooney said the Assembly killed a similar bill earlier this month. “It is very disappointing that the bill has been repackaged and presented to the Senate as a gut and amend bill, AB 1066,” she said. “The new bill was basically reintroduced less than two weeks after we defeated it in the Assembly.”

Rooney stressed the importance that the Senate not approve AB 1066, because should the Senate approve it, the bill would go back to the Assembly because both houses are needed to pass the bill. “And while the earlier bill failed in the Assembly, we are not sure that it would fail again,” she said.

There are Assembly legislators who voted against it before, who are willing to vote against it again, said Rooney, “but the timing of it is really unfortunate. We expect that while the legislators are on summer recess in July, they may have time to build up support for the bill. It’s the end of session, and we have a number of challenges to defeat the bill; but we are hopeful that if the California Senate does not defeat it, the Assembly will,” said Rooney.

Rooney suggested those who oppose AB 1066 go to the post, “Oppose Gut & Amend Legislation to Change Ag Overtime Wage Requirements” on the Ag Council Action Center webpage, “to easily send an opposition letter to their state legislator.

*GUT AND AMEND, according to the California State Legislature Glossary of Legislative Terms describes when amendments to a bill remove the current contents in their entirety and replace them with different provisions.

Featured Photo: Emily Rooney, president Agricultural Council of California

California Ag Today2016-07-05T17:41:30-07:00June 27th, 2016|

VIDEO: Other Stressors, Not Pumps, Leading to Delta Smelt Decline

VIDEO: Wasted Freshwater in Failed Attempt to Save Delta Smelt and Salmon

By Laurie Greene, Editor

“Other Stressors, Not Pumps, Leading to Delta Smelt Decline,” a video produced by Western Growers, explains why the communities, business, and farmland in the Central Valley and southward still experience regulatory water cutbacks that are extreme in some cases, while 3 billion gallons of extra freshwater flow out to sea in the failing effort to save the Delta Smelt from extinction.

The VIDEO addresses this loss of freshwater unused by California residents and businesses still suffering from both drought conditions and environmental water cutbacks and that could have gone into water storage.

Western Growers accuses government agencies in charge of managing California’s water of restricting the Delta pumps far beyond what is required by the law. “As a result,” the association said, “billions of gallons of El Niño water have been flushed out to sea. Shutting down the pumps has not helped the Delta smelt and salmon recover, and government regulators are ignoring other stressors such as predation, invasive species and wastewater discharges.”

Delta Smelt Troll, Survey 6, 2016: “There were no Delta Smelt collected.”

______________________

Western Growers, founded in 1926, is a trade association of California, Arizona and Colorado farmers who grow, pack and ship almost 50% of our nation’s produce. Their mission is to enhance members’ competitiveness and profitability by providing products and services with agriculture in mind. Services include Affordable Care Act (ACA) compliant health benefits for farmworkers, cost-saving and environmentally-focused logistics, food safety initiatives and advocacy for members.

They ask, “If you enjoy fruits, vegetables and nuts, support our members and the produce industry.”

Featured Photo: Delta smelt by metric ruler (Source: USFWS)

California Ag Today2021-05-12T11:05:55-07:00June 10th, 2016|

Farmworkers Win One

Barry Bedwell: Court Decision Returns Constitutional Rights to Farmworkers

By Patrick Cavanaugh, Deputy Editor

Barry Bedwell, president of the Fresno-based California Fresh Fruit Association, discussed the implications of a unanimous decision on May 9, 2016, the California Fifth District Court of Appeal struck down as unconstitutional a 2002 law that stripped workers of their constitutional right to seek invalidation of unlawful Agricultural Labor Relations Board (ALRB) decisions in Superior Court.

Barry Bedwell, president of California Fresh Fruit Association

According to a Gerawan press release:

This case arose after a Gerawan farmworker Lupe Garcia filed a lawsuit in Fresno Superior Court in which he claimed that the First Amendment was violated when the ALRB refused to permit him to silently observe the ALRB’s “on the record” proceedings concerning the terms of a contract to be imposed on him and all other Gerawan farm employees. Gerawan Farming supported Mr. Garcia in the Court of Appeal and in the Superior Court, and filed its own action seeking the same relief. The 39-page decision in Garcia and Gerawan Farming, Inc. v. ALRB, Case No. F069896, held that the California Constitution barred the California Legislature from stripping workers of the right to bring claims in Superior Court. In reversing the dismissal of Mr. Garcia’s lawsuit, the Court of Appeal directed the Superior Court to hear the employee’s case.

Bedwell said while this was good news for the farmworkers because they can’t be barred from secret meetings, “it’s even more technical than that. It says [ALRB] cannot deny [farmworkers] the right to sue to be there.” Previously, according to Bedwell, ALRB claimed farmworkers “could not sue in Superior Court on this issue of being denied access to the mandatory mediation hearing. This Court of Appeals has decided that was unconstitutional, that [farmworkers] can now move forward and sue under the theory that their First Amendment rights were denied.”

“I don’t think [the court decision] solves the entire issue,” Bedwell said, “but it clearly indicates the ALRB has really overstepped their boundaries, not only in the case of denying access to these farmworkers, but not allowing the ballots to be counted. What it really indicates is the ALRB is once again denying farmworker rights at a time they should be representing them. This is just more evidence that, unfortunately, the ALRB seems to be more directed towards protecting the union rather than the workers’ rights. This is a continuing pattern; it’s clear that the ALRB is not representing the farmworkers, they are representing the union, and that’s unfortunate.”

In terms of next steps, Bedwell thinks the ALRB may decide—as a policy—they won’t deny access. He commented, “It essentially may have accomplished what the farmworkers wanted in the whole question—of just being able to observe the mandatory mediation process. These were people who were going to be subject to the [union contract] terms, but the ALRB said, ‘Oh no, we don’t want you in. We only want the union representatives in.’ That’s pretty poor,” stated Bedwell.

“The system unfortunately is so biased and heavily weighted toward organized labor,” he continued. “I’m not sure what it’s going to take. I suspect that if we’re going to find justice for Gerawan employees, it’s not going to come through the agencies in Sacramento; it’s going to have to come through the courts.”

California Ag Today2016-05-31T19:24:04-07:00May 11th, 2016|

Tree Nut Theft Alert

Roger Isom Warns: Take Precautions to Thwart Tree Nut Theft

By Patrick Cavanaugh, Deputy Editor

Roger A. Isom, Western Agricultural Processors Association (WAPA) president and CEO, told CalAgToday, “Tree nut theft is still a serious issue this year, as it was last year. Folks behind the thefts have not been caught. We’ve had over 30 thefts in the last 6 months.”

There is good news. “We’ve had numerous attempts thwarted,” Isom commented, “because folks have started to implement some of the procedures that we talked about at our emergency Tree Nut Cargo Theft Summit back in December.” Following the successful Summit, nut theft legislation sponsored by the WAPA passed out of the Assembly Agriculture Committee unanimously. According to WAPA, AB 2805 (Olsen) would form a statewide California Agriculture Cargo Theft Crime Prevention Task Force with combined law enforcement services and support activities to fight agricultural cargo theft. Among the loads of tree nuts stolen was a load of almonds reportedly stolen during the Summit.”

Roger Isom, president and CEO, Western Processors Association (source: LinkedIn)

Isom explained, “We brought experts in cargo theft from across the country to the training seminar held in mid-April in Modesto to make sure all members understood: What has happened? How are the thefts occurring? What have we learned from those thefts and the investigations? What can people do to prevent these thefts from happening at their locations?”

“What we’ve learned, for sure,” he explained, “is that if you do not implement the procedures, you will be hit. Following the December meeting, we’ve had companies hit by cargo theft; the [companies] that implemented the practices we talked about prevented thefts from occurring; those that did not have lost truckloads of tree nuts.”

Isom understands it is time consuming to follow the recommendations, and there is some cost associated with it. “You have to take the time to take pictures of the drivers,” he elaborated. “You have to fingerprint the drivers. You’ve got to make calls. You’ve got to make sure these truckloads of shipments have been placed at least 24 hours in advance. If there are driver changes, you cannot allow that. It takes some serious steps to prevent [theft].”

“We had one a few weeks ago,” Isom explained, “where they switched drivers and trucks—literally the day of [transport]. It ended up being OK, but the alarms went off. The next time it could be an actual fictitious pickup.”

Tracking a stolen truckload is difficult. Isom reported, “Typically they do get the license plate number. Prior to these thefts, they might have just asked the driver for the license plate number and taken his word for it. Maybe they would go to the extent of taking a picture of [the plate], but what if it is what they call a “cold plate”, a stolen plate?”

“In at least one of the thefts,” said Isom, “the license plates had been switched. The thieves literally stole somebody’s license plates off a pickup truck and put them on the truckload of nuts. Had someone in charge been educated on license plate numbers—just normal [information]—they may have easily discovered the plates were not valid; they were not applicable for a truck-tractor-trailer setup.

Isom remarked the thieves are clever. “Most occur on a Friday or just prior to a holiday,” he stated. “In some cases, the theft might not be discovered for 3 or 4 days. The damage depends on the value of the nuts at the time,” Isom said, “and are we talking about finished product? Has it been processed? Seasoned? But you’re talking a stolen value of at least $100k-$150k. That’s what makes it so attractive and why cargo theft is on the increase across the country.”

Furthermore, Isom stated, “We’ve been told by law enforcement that Los Angeles (LA) is now the highest cargo theft location in the world. It has increased dramatically in the last couple of years, and more so this past year. We did not see theft in tree nuts until recently. We had the occasional theft out-in-the-field or maybe at the huller—someone picks up a couple of trailers and tries to get rid of them—but not to this level, not this brazen, and not with finished product.

Cargo Theft Interdiction Program (CTIP) with the California Highway Patrol

“Now it’s over 30 loads!” he said. “We’ve had almonds taken from 4 or 5 different locations; we’ve had walnuts; we’ve had pistachios from several different locations; and we’ve had cashews stolen. We didn’t even know there were cashews here in California, but they are imported and processed here in Fresno, and there have been multiple loads stolen.”

“Nobody is immune to it,” Isom commented. “Tree nuts are the preferred product right now compared to other cargo thefts—TVs, tires, or tablets. Tree nuts have no serial numbers; thieves can turn and burn them faster than you-know-what. The other attractive part about the tree nuts is you can also store them for while. You can hit the farmers’ markets just a little bit at a time. It’s easy.”

“This is not the common criminal,” Isom surmised. “This is something sophisticated. Look how they have hacked into the U.S. Department of Commerce (DOC) database to get this information. Look how shipping papers have been modified; they put their phone numbers on them, and it looks legitimate. We’ve had trucking companies’ identities stolen. They’re using their forms, their information, their drivers’ names, but it is somebody else doing this.”

“And trust me,” Isom added; “it’s not the guys just right along California State Highway 99 (‘the 99’), they’ll go to the smallest processor off the beaten path. They fool people with what looks like very legitimate paperwork. This isn’t something that somebody took a sharpie to; these look like legitimate shipping papers.”

Isom and WAPA are engaged with “all the law enforcement, not just the local county sheriffs, including the Cargo Theft Interdiction Program (CTIP) with the California Highway Patrol. We’ve got the U.S. Department of Justice, Federal Bureau of Investigation (FBI) involved now. There are a lot of people on it, but, because of the value, it’s so attractive that we’ve got to make everybody is aware of this.”

“This is a new type of theft facing our industry,” warned Isom, ” and you have to do your due diligence. It takes somebody taking some time, and it is going to slow down shipments. There’s no doubt about it; you have to be prepared and aware.”

Through the use of fictitious pickup, even if the drivers are caught, Isom explained it’s not a felony anymore due to changes in California laws. “If you hold the driver at gunpoint,” he said, “and you basically carjack the truck; that’s a felony. So they’re basically saying that legally, the processor or handler voluntarily gave up the load. So it is not a felony; it’s a misdemeanor. So guys aren’t doing any state prison time. They’re doing a couple of weeks in county jail. With all the overcrowding, Boom, they’re gone; let them go.”

“Quite frankly,” Isom relayed, “the majority of the trucks end up in LA, so that’s where law enforcement finds the trucks. And that’s where they say the theft ‘happened.’ You can’t get the LA district attorney to prosecute these cases because they are too busy with murderers, rapists, and other—what they consider more serious—crimes than your voluntarily giving up a load, in their opinion. Even though some of these loads are worth half a million dollars.”

“But now we have the FBI involved,” Isom affirmed. “Thieves are now stealing on interstate highways; these are now federal crimes. There is certainly more teeth in federal law. When we catch these guys, they’ll be in federal prison, doing some serious time.”

(Featured Photo Source: USDA-NRCS)

California Ag Today2016-05-31T19:24:05-07:00April 26th, 2016|

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