Government Agencies

Making Comments with Data Carries Weight in Crop Protection

Make Comments When Needed

By Patrick Cavanaugh Farm News Director

Dave Brassard of Brassard Pesticide Regulatory Solutions, based in Washington D.C., regularly assists with getting new products registered with the EPA. California Ag Today spoke with him about making comments regarding the registration status of crop protection products.

“We’re pesticide consultants, and we basically assist registrants into getting everything registered, and getting through a lot of the data requirements, data waiver processes, that they need to go through,” he explained.

Brassard and his wife have a combined total of 73 years experience working in the EPA’s office of pesticide programs.

“The importance of data collection in pesticide regulatory reform, and the need for real data collection to be used in growers defense. Especially when growers reach out for support, the data is the most important, and the most reliable, form of evidence to present to the EPA,” he said.

“What typically happens is we will keep track and count the number of comments. But a lot of comments are very generic, and are not supported by data,” Brassard said

Simply having a large number of comments is not enough; it’s the quality content that really matters.

“So a lot of times it just becomes a little blurb that we had 10,000 comments from stakeholders worried about a concern, but what really, I think, makes a big difference, is if it’s somebody sends in data that can change EPA’s opinion on something,” Brassard explained.

“Let’s say that the EPA is going to regulate a chemical that is the only chemical to control, say, an obscure pest that we didn’t even consider in our original analysis. Somebody sends in that studies, and boy that stops the presses! It’s, ‘Let’s review this,’ ” Brassard said. “Does this change our opinion on anything? Can we make an exception for this particular use-pattern? Is there a different kind of risk-mitigation that we can impose?”

“Sending in real data are comments that make a real difference,” he said

California Ag Today2017-12-08T16:09:09-08:00December 8th, 2017|

Assemblyman Adam Gray: Need Real Changes for Water Future

Everything is On Table For California’s Water Future

By Patrick Cavanaugh, Farm News Director

Now is the time to unite and plan California’s water infrastructure. That’s what Adam Gray told California Ag Today recently. Gray is the California State Assembly representing the 21st Assembly District, Merced and Stanislaus Counties. He said there is an urgent need for unification in regards to California’s water and the need for real changes to be made for future generations.

“It’s that famous quote, ‘Water’s for fighting. Whiskey’s for drinking.’ All we do is spend our time fighting, and we cannot continue to divide the pie. We have to grow the pie. That means targeted, intelligent investments in storage, projects like Temperance Flat, projects like Sites Reservoir,” Gray explained.

It is hoped that these reservoirs get California through years of drought, and will help us utilize water and years of heavy rain.

“It also means recycling, groundwater recharge, desal, and it means communities working together to make sure we have the conveyance systems in place to move that water around and meet the need of every Californian, and stop forcing people into false choices,” Gray said.

“The environment versus drinking water for schools. These are false choices. We can do better, we can do more,” he continued.

“We, as Californians, need to look past the short term into the long term. It’s important to look out for future generations and keep their needs in mind, as well,” Gray said.

“There’s no silver bullet solution, as is true with anything. There are always costs of doing business, there are always compromises to be made, if we can agree on the target.” he noted. “And the target being meeting the needs of not just of this generation, not just today, but of our children’s generation and our grand-children’s.”

“We need to make the same smart, significant investments that our grandparents made to provide us with this great economy that we have here in this great agricultural valley,” Gray said.

California Ag Today2017-12-06T15:45:15-08:00December 6th, 2017|

Cannabis Growers Not Following Regs

Cannabis Growers Must Adhere to Crop Protection Regulations

By Patrick Cavanaugh, Farm News Director

There’s a whole lot of trouble going on for California cannabis growers. They need crop protection products for pests – such as mites, aphids, thrips, and mealybugs – and diseases, including powdery mildew, alternaria and pythium.

Now legally grown in the state, cannabis meets the definition of an agriculture crop and must adhere to all agricultural regulations and best management practices. This includes all Pest Control Advisor-written recommendations. As few products are approved for application on cannabis in the state, as well as nationwide, a PCA can now be cited for recommending a product that has not been officially registered and approved for a use on cannabis, specifically. With legal cannabis production going mainstream in California, PCAs face this risky predicament regularly.

“I discussed this point with Department of Pesticide Regulation (DPR) Director Brian Leahy this past week,” said Rachel Kubiak, DPR Pesticide Programs Division, Cannabis Program Supervisor. “I think we are at a point now where it’s important that we make policy decisions so PCAs know, as stakeholders, what our expectations are. PCAs deserve for us to do that, so we are working internally right now to try to get a lot of answers to these questions.”

Cannabis growers will have to buy products from licensed agricultural dealers.

“I understand, in talking to different folks, that many companies are not comfortable with the liability of attaining DPR registration approval for cannabis application and are therefore advising not to sell product to cannabis growers,” Kubiak said. “I completely understand that.”

“Going forward as a department, the concern, I think, is to bring as many farmers into the legal crop protection market as possible,” Kubiak said. “They are going to go exactly where they have been buying the products from, right? And if PCAs do not sell to them, but the cannabis growers must buy from them, these growers will have to purchase their crop protection products online, from Home Depot, or anyplace else. I can almost guarantee you that 95% or probably more of the cannabis farmers I’ve talked to over the last couple of months have no idea what we are talking about regarding applying registered materials to registered crops.”

“They have no idea that you cannot buy product anyplace and apply it as a pesticide,” she explained. “They do not know how to store it. So we have a lot of work to do in a very short period of time to bring these people into compliance and understanding.”

The scenario is even dicier for California County Agricultural Commissioners. These commissioners are required to enforce regulations on cannabis, as they are for any other commodity.

“We are working with the county ag commissioners to figure out how we need to proceed with and advise on this,” Kubiack said.

“I will tell you, usually as a department,” Kubiak explained, “we are inundated by the environmental justice community. Yet, they have been completely absent to this point on this particular commodity. So it’s almost bizarre and unusual not to be hit continuously from the left. But understandably, again, we’re now getting into these forums in which the Ag community has a voice and an interest,” Kubiak said.

“I’ve heard from both sides,” she continued. “I have heard from different Ag groups and PCAs who have said, ‘You know, we see a need for this—by a whole industry of people,’” she said.

And that whole industry, the cannabis growers of California, is crossing the regulatory line in crop protection. It has been reported that cannabis growers are creating a lot of environmental damage as well as worker safety concerns. Cannabis is grown primarily indoors, and according to Kubiak, “People are using pesticides without any concept of what they’re doing. Normally we would recommend that they talk to a professional, but that puts licensed PCAs in a hard spot because they cannot write a recommendation for a product that is not legally approved for use on that product.”

Kubiak said DPR is trying to bring as many of cannabis growers into the light as possible, “so that we have some regulation. Again, clearly this has been going on for a really long time, but at least now we are trying to go into areas in which we have some regulation but where people are not necessarily informed. So we bring crop protection management more into the light than ever before,” she said.

Is the DPR at a big turning point in working with county Ag commissioners?

“In the absence of putting up a product list,” Kubiak asked, “what is quasi-legal and what is not quasi-legal? We are trying to come up with solutions to some of these dilemmas.”

“There are counties that want the flexibility. Boards of supervisors and their counties are economically dependent upon this newly emerging industry that’s been in the North Coast for decades. They want the ability to use discretion. Nevertheless, Ag commissioners in other counties clearly are not comfortable with that whatsoever,” Kubiak said.

California Ag Today2021-05-12T11:01:57-07:00December 5th, 2017|

Agricultural Guestworker Act Won’t Help California

Proposed Legislation Long Way from What State Needs

By Joanne Lui, Associate Editor

Virginia Congressman Bob Goodlatte’s Agricultural Guestworker Act is moving forward for the full Ag Committee to consider it, but according to Paul Wenger, President of the California Farm Bureau Federation, it’s a long way from what California needs.

“They did something with the H2C proposal. It’s a long, long, long ways from what we need here in California. We’ve been very clear on that … with Kevin McCarthy’s office, being the leader of the Republicans and really our key architect for all things that go through the Legislature, and so we’re in constant contact with Congressman McCarthy,” Wenger said.

The ag leaders in California are pretty astounded that Congress is doing anything about labor.

“We’re glad we finally got something to discuss, but there’s a long ways to go,” Wenger explained. “As it’s written, as it came through the subcommittee, there’s really nothing there that would work for our employees here in California and give us the kind of flexibility that we need, but we need a vehicle to start the discussion. … Talking to Congressman [David] Valadao’s office, Jeff Denham and others on the Republican side because it’s really got to be led by the Republicans.”

“We now need a lot more that will allow for some portability of our workforce, in order to get legal documentation for those folks that don’t have good documentation that are already here in our state working without touchback, because we know folks aren’t going to go back and stand in line for 20 years waiting for some kind of a work authorization.”

Patrick Cavanaugh2017-11-07T21:47:30-08:00November 7th, 2017|

Protecting California Citrus Industry

State’s Citrus Industry at a Crossroads

By Patrick Cavanaugh, Farm News Director

Karen Ross, Secretary of the California Department of Food and Agriculture, told California Ag Today recently that the fight to protect the California citrus industry from Citrus Greening is ongoing with many moving parts.

“We are working closely with both with USDA and county ag commissioners to protect our important citrus industry,” she said. “And funding from our federal agency partners is important in the fight.”

“There is a strong sense of urgency, and I honestly feel we’re at a significant crossroads because of the most recent Huanglongbing infected tree finds in Southern California that keep the infected Asian Citrus Psyllid numbers up,” Ross explained.

She noted that the biggest challenge is citrus in the state’s urban areas.

“The beauty of citrus is that nearly every Californian has a citrus plant of some kind. That’s also one of our biggest challenges right now, because we’re very dependent on our urban residential neighbors to allow inspectors to repeatedly go to their door, in order to take samples, and then possibly having to go back and pull trees.

Ross said that the state has dedicated full time leadership to help fight HLB. There’s a lot of moving parts in the program.

“It’s gotten very large, and we’re going do whatever we need to do to make sure California citrus has a long, long part of our history and our economy,” she said.

Ross noted that the Asian Citrus Psyllid isn’t the only pest concerning California agriculture.

“Besides our big Asian citrus psyllid program, we have ongoing medfly infestations, several fruit fly infestations, and light broth apple moth infestation, and we are working on Japanese beetle eradication programs,” she said.

California Ag Today2021-05-12T11:01:58-07:00October 31st, 2017|

Letting GSAs or State Decide Sustainability

Who Decides What is Sustainable Pumping?

By Patrick Cavanaugh, Farm News Director

Local groundwater sustainability agencies, also known as GSAs are quickly being developed to draw out specific plans on how to prevent groundwater overdraft in the areas of the state, particularly in the central San Joaquin Valley. It’s all part of the Sustainable Groundwater Management Act (SGMA) that could forever change the face of agriculture, as we know it today.

Keith Freitas farms lemons on the east side of Fresno County, and he knows of many farmers that are getting together to fight SGMA.

“They’re going to take it to the courts and the judicial. They’ll be filing injunctive orders,” Freitas said. “You’ve got perishable crops you’re dealing with, so the injunctions can come really quick, they can last for long time, and for many years. There’s a possibility the way this thing is structured legally, if we put a legal defense program together and a plan, the plan could push this thing out another 10, 15, 20 years.

And sustainable pumping is the linchpin of SGMA.

The local GSAs are formed to make your basin sustainable, and the state says the GSAs in control.

“Well, how could we be in control of our own sustainability if the states laying the ground rules and setting the criteria for what’s sustainable, and what’s not?” Freitas said.

So, if the Central Valley GSAs, for example say that they believe pumping water down to the 2600 foot level underground is sustainable, “Then suddenly the state’s going to say: ‘well, no, that’s not even close.’”

“You draft the aquifer down to a thousand feet, all the buttons and bells and whistles go off, and you’re no longer sustainable,” Freitas said. “Well, wait a minute. What happened to that we choose what’s sustainable?”

California Ag Today2017-10-27T16:47:00-07:00October 27th, 2017|

CDFA’s Karen Ross: Water and Labor are Big Issues for California

CDFA Secretary Says State has High Water and Labor Standards

By Patrick Cavanaugh, Farm News Director

Karen Ross, secretary of the California Department of Food and Agriculture, spoke to California Ag Today recently about the two big challenges regarding California agriculture.

“[The] two biggest challenges we have are labor and water. Some days, labor’s number one and water’s number two, but they’re both always right up there,” she said.

Karen Ross

Ross spoke at the recent California Citrus Conference in Visalia.

“I think for the future, water is very key to how we’ll grow. I think it’s important for people to think about how we farm in this state,” she said. “We farm to extremely high environmental standards, and extremely high labor standards. Those are responsibilities that we have taken on. I certainly hope that people will continue to buy California to reward that kind of stewardship, because it comes with a price.”

Ross noted that investment is key with labor, automation and water.

“We just have to get through a couple of really big, challenging issues,” she explained. “Automation’s going to definitely be more of our future, and as we invest in that automation, we have to make sure we’re concurrently investing in the workforce skills development to go with it, because they will be different jobs.”

“When it comes to water, the renewed focus on how do we do intentional groundwater recharge as part of making the sustainable groundwater management actually work in our basins is going to be an exciting opportunity for us,” she said.

California Ag Today2017-10-19T16:00:01-07:00October 19th, 2017|

Spray Safe Meeting Nov. 17 in Modesto

Event Organized by Stanislaus County Farm Bureau

By Laurie Greene, Founding Editor

Wayne Zipser, executive director of the Stanislaus County Farm Bureau, announced the Farm Bureau will hold a Safe Spray and Safety Event on November 17, at the Modesto Junior College’s West Campus Ag Pavilion, located at 2201 Blue Gum Ave. in Modesto. The Stanislaus County Farm Bureau is a non-profit, volunteer membership organization that provides many programs like Spray Safe to assist its members and to educate the general public.

“The Spray Safe meeting will be a big event,” Zipser said, “not only because will it cover how to safely apply pesticides, but also provide tractor safety training, [pesticide application] mask fit testing and physicals [if needed for mask fit testing] for farm employees.”

“Registration opens at 7 AM,” Zipser explained. “A grower panel will start the day at 8 AM with a discussion of the safety and procedure challenges encountered by some of our folks who do pesticide applications. Given the new rules for pesticide applications around schools and preschools, we want to hear how they cope with and mitigate these new challenges.”

The Safe Spray Meeting will also feature a trade show. Attendance is free, courtesy of event sponsors, and lunch is provided.

Additional topics will include: drift prevention, school notification requirements, calibration, sexual harassment prevention, equipment safety and heat illness prevention. The meeting also offers 4 hours of Department of Pesticide Regulation (DPR) Continuing Education (CE) credit.

The all-Ag committee coordinating the event includes the Stanislaus County Farm Bureau, the Ag Commissioner’s Office, the USDA Natural Resources Conservation Service (NRCS), and the University of California Cooperative Extension (UCCE).

For more information, contact the Stanislaus County Farm Bureau at 209-522-7278.

California Ag Today2017-10-13T15:29:16-07:00October 13th, 2017|

“Waters of The State” is Severe for Ag

“Waters of the State” Offers New Regulations

By Jessica Theisman, Associate Editor

California Ag Today spoke with Kari Fisher, counsel with the California Farm Bureau Federation, recently to discuss how the California State’s Water Resources Control Board is aggressively moving to finalize new “waters of the state” procedures and a new wetlands definition by the end of the year. Farmers and industry groups say the action would create new regulatory boundaries.

Farm groups also say the proposal creates mandatory permitting programs for waters of the state, resulting in permit requirements for more proposed projects, operations, and maintenance activities. Legislation is in its final drafting stages.

“This was drafted by the State Water Resources Control Board, released in July. They have been working on different versions of it since before 2008,” Fisher said. “This has been a long-term process and they aim to fix some regulatory gaps.”

Some of these gaps were created by U.S. Supreme Court cases. “That is where the original iteration of this wetlands and dredge and fill policy and procedures came from,” Fisher explained.

The draft was released in July of 2016. “This summer, they released a revised draft, and it does change the direction of where the procedures were from last year,” she said.

Many believe that this has a chance to come light, due the federal government’s position on waters of the U.S.

The Water Resources Control Board has received hundreds of letters from agriculture, building industry and other groups voicing concern over wetlands procedure.

California Ag Today2017-10-06T17:03:11-07:00October 6th, 2017|

Farmers Frustrated Over SGMA

CA Department of Water Resources Rolls Out SGMA Regulations at Meeting

By Patrick Cavanaugh, Farm News Director

The California Department of Water Resources held a recent workshop in Clovis, CA, to lay out the key components and regulations for the Sustainable Groundwater Management Act, known as SGMA. It’s thought that SGMA could forever change the face of agriculture in the central San Joaquin Valley, as it will limit the amount of groundwater that can be pumped.

If surface water was available for growers, the SGMA law would not have been created.

This entire approach of the Department of Water Resources is not sitting well with most farmers. Keith Freitas, who farms lemons on the east side of Fresno County, was at that recent workshop. “How can you call a program fair, but the stakeholders you bring to the table, before they enter the room to negotiate the deal, you cut their legs off?” Freitas asked.

“That’s basically what we have. We have a foot race here, but our legs have been cut off before the race even starts,” he said

And here’s the problem – there’s six deadly sins: lowering ground water levels, reducing ground water storage, increasing sea water intrusion, causing unreasonable water quality degradation, causing land subsidence and depleting surface water supplies that would have a significant and unreasonable adverse impact on beneficial uses of the surface water.

“The reason there’s six deadly sins is ’cause they’re all about the sins of the farmer. Not one of those sins is environmental,” Freitas said. “You think about it. We already have a subsidence and they know it, they don’t blame the environmentalists for subsidence, they blame farming.”

Farmers feel that if environmental water restrictions were not in place, there would be no overdraft of ground water or subsidence.

“How do you think we’re going to sustain overdraft pumping,” asked Freitas, “if they don’t have surface water to recharge the ground basin?”

“My perspective is that like Westlands Water District, who decided to turn down the twin tunnels – that decision was made I think in parallel to the overall consensus of farmers saying that if it’s going to be this way, if these are the rules that you’re going to set and these are the game rules, then we have no choice but to fight back,” Freitas said.

California Ag Today2017-09-29T16:22:43-07:00September 29th, 2017|

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