Senate Tells Gov. Agencies to Back Off WOTUS Rule

U.S. Senate Tells EPA/Army Corps to Back Off Farmers re: WOTUS Clean Water Act

 

Edited by California Ag Today Staff

 

A report issued TODAY by a U.S. Senate committee documents how federal agencies overreach their authority to regulate farmland, according to the California Farm Bureau Federation (CFBF), which said the report underlines the need for congressional action to reform the agencies’ practices, particularly regarding the WOTUS Rule.

The report from the Senate Environment and Public Works Committee describes numerous incidents in which the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency have tried to expand their authority to regulate what crops farmers grow and how they grow them, based on the agencies’ interpretation of the Clean Water Act.

“A disturbing number of the cases described in the Senate report came from California,” CFBF President Paul Wenger said. “Farmers and ranchers here have seen firsthand that the abuses outlined in this report aren’t theoretical—they’re real.”

One case in California is particularly troublesome. The U.S. Army Corps of Engineers (Corps) ordered John Duarte, a farmer and nurseryman to cease farming his land after he plowed 4-7 inches deep to plant a wheat crop in his field. Duarte, in turn, filed a lawsuit to vindicate his right to farm his land. The U.S. Department of Justice fired back with a countersuit.John Duarte WOTUS

Duarte has spent over $1 million in legal fees to date, yet the government is seeking $6-8 million in fines and “wetland credits.” Duarte now faces a costly appeal and legal battle, the outcome of which will set precedence on important issues affecting farmers and ranchers nationwide.

Landowners’ concerns stem from a rule the agencies finalized last year, known as the “Waters of the United States” or WOTUS rule, which would bring more waterways under the jurisdiction of the Clean Water Act. Although a federal court has temporarily halted enforcement of the WOTUS rule, landowners and their representatives say the Corps continues to enforce the act so narrowly that, as a practical matter, its actions mirror the intent of the new rule.

“We’re grateful the Senate committee has highlighted the impact on farmers and ranchers caused by overzealous interpretation of the Clean Water Act,” Wenger said. “Farmers and ranchers want to do the right thing and protect the environment as they farm. But they shouldn’t be tied up in knots by regulators for simply plowing their ground or considering a new crop on their land, and they shouldn’t have their land declared off limits if they must leave it idle due to drought or other conditions beyond their control.”

Wenger called on California Senators Barbara Boxer and Dianne Feinstein to join efforts to clarify Clean Water Act enforcement and reform agency practices. “Congress has the ability to restore balance to Clean Water Act enforcement,” said Wenger. “We urge our California members to help farmers grow food and protect the environment, free from fear of overreaching regulation.”

Details of Senate Statement

epa-logo-wotusU.S. Senator Jim Inhofe (R-Okla.), chairman of the Senate Environment and Public Works (EPW) Committee, released an EPW Majority Committee report titled “From Preventing Pollution of Navigable and Interstate Waters to Regulating Farm Fields, Puddles and Dry Land: A Senate Report on the Expansion of Jurisdiction Claimed by the Army Corps of Engineers and the U.S. Environmental Protection Agency under the Clean Water Act.”

The report releases findings from the majority staff’s investigation into how the Environmental Protection Agency (EPA) and the Army Corps of Engineers are interpreting and implementing their authority under the Clean Water Act.

“This new majority committee report demonstrates in detail that the EPA and the Army Corps of Engineers, under the Obama administration, are running rogue,” Inhofe said. “Case studies in this report show that the Obama administration is already asserting federal control over land and water based on the concepts they are trying to codify in the WOTUS rule, even though the courts have put that rule on hold. Congress shouldn’t wait on the Supreme Court to make the inevitable decision that this agency overreach is illegal.

“This report should be evidence enough that it’s time for Democrats and Republicans to work together rein in EPA and the Corps. Over the course of the past year, 69 Senators – a veto proof majority – have gone on the record about their grave concerns regarding the WOTUS rule. It’s time to come together to protect farmers, ranchers, water utilities, local governments, and contractors by giving them the clarity and certainty they deserve and stopping EPA and the Corps from eroding traditional exemptions.”

The report summarizes case studies that demonstrate the following:

EPA and the Corps have and will continue to advance very broad claims of jurisdiction based on discretionary authority to define their own jurisdiction.

The WOTUS rule would codify the agencies’ broadest theories of jurisdiction, which Justice Kennedy recently called “ominous.”

Landowners will not be able to rely on current statutory exemptions or the new regulatory exemptions because the agencies have narrowed the exemptions in practice and simply regulate under another name.

For example, the report highlights instances where if activity takes place on land that is wet: Plowing to shallow depths is not exempt when the Corps calls the soil between furrows “mini mountain ranges,” “uplands,” and “dry land;”

Disking is regulated even though it is a type of plowing:

Changing from one agricultural commodity constitutes a new use that eliminates the exemption; and puddles, tire ruts, sheet flow, and standing water all can be renamed “disturbed wetlands” and regulated.

On Tuesday, Inhofe delivered a copy of the report with a letter to 11 Senate Democrats who, in a letter on Nov. 3, 2015 to Gina McCarthy, administrator of the Environmental Protection Agency, and Jo-Ellen Darcy, assistant Secretary of the Army (Civil Works) on WOTUS, stated that: “Farmers, ranchers, water utilities, local governments, and contractors deserve clarity and certainty. Should the EPA not provide this clarity or enforce this rule in a way that erodes traditional exemptions, we reserve the right to support efforts in the future to revise the rule.”

In Inhofe’s letter to the 11 Senators, he said the new committee report should meet the test set forth in their Nov. 3 letter, and he called on the members to live up to their commitment and work with the committee on tailored legislation to end agency overreach.

2021-05-12T11:05:47-07:00September 20th, 2016|

National Farm Safety Week in the Golden State

California Agriculture Takes National Farm Safety Week Seriously

 

 By Patrick Cavanaugh Farm News Director

 

California is focused on National Farm Safety Week across all commodities and in all areas of the state. Amy Wolfe, president and CEO of AgSafe, based in Modesto, said National Farm Safety Week takes place in September because it is such a critical juncture for folks. “We’re gearing up at the beginning of harvest, or the middle of harvest for some, and it’s the end of harvest for others,” said Wolfe.

 

“It’s really a great opportunity to make sure you’re either taking a look at what’s going on in your operation and making those necessary mid-harvest adjustments, or evaluating what went well or what could be improved upon.”

lockout tagout agsafe safety

 

Sadly, Wolfe shared, Farm Safety Week follows a tragedy that occurred during the week of September 12 “when lack of agricultural safety cost somebody their life in the Huron area of Fresno County. We’ve had a fatality in our nut industry, which just continues to be—number one—a tragedy for those of us who work in agriculture. It is also a very significant reminder of the importance of addressing such issues as lockout-tagout, which ensures that equipment is properly shut down before any maintenance,” said Wolfe.

 

“There needs to be strict communication between everyone around the machine. Everyone should know why it may be shut down and why they should never restart the machine until everyone is cleared,” noted Wolfe. In addition, all equipment must be maintained so that it runs properly in the field. “We also need to make sure that good systems of communication are in place when someone is injured.

 

AgSafe is recognizing Farm Safety week in many creative ways this week. “This is the week to reflect on how well we are doing everything that we possibly can to protect our farmworkers,” Wolfe said. “If you book for Farm First Aid Training with us by Friday, you’ll receive a 10% discount. We are going to enter folks into a drawing at the end of the week for free attendance to the 2017 AgSafe Conference if you participate in some of the fun Q&As on Facebook and @AgSafeOnline on Twitter,” Wolfe said.

 

“We will also offer specials every day this week on our tailgate training kits, our pesticide decontamination kits, and on our compliance binders,” said Wolfe. “Its our way of getting folks even more engaged, and giving discounts for our services in honor of a very important week for the industry.”

 

For more information on these tailgate training kits and other events, go to Agsafe.org.


AgSafe is a statewide non-profit organization dedicated to providing employers and employees in the agricultural industry with education and resources to prevent injuries, illnesses and fatalities.

2021-05-12T11:05:47-07:00September 20th, 2016|

Eighteen New California Farm Academy Graduates!

Eighteen New Farmers Graduate from California Farm Academy

 

By Patrick Cavanaugh, Farm News Director

 

The California Farm Academy, a part-time, seven-month, beginning farmer training program run by the Land-Based Learning, graduated 18 new farmers on Sunday, September 18, 2016.

 

With more than 250 hours of classroom and field training behind them, these enterprising graduates were honored by notables such as Karen Ross, secretary, California Department of Food and Agriculture (CDFA); Craig McNamara, president and owner of Sierra Orchards, as well as president of the California State Board of Food and Agriculture; Sri Sethuratnam, director, California Farm Academy (CFA); and Mary Kimball, executive director, Center for Land-Based Learning, based in Winters California.

new farmers graduate from California Farm Academy beginning farmer training program run by the Land-Based Learning.

Eighteen new farmers graduated from California Farm Academy’s beginning farmer training program run by the Center for Land-Based Learning.

 

“The impetus of our program,” said Christine McMorrow, director of development for Land-Based Learning, “is the need for more farmers as the current ones age out. According to the USDA, over 700,000 new farmers will be needed in the next 20 years to replace those who retire.

 

CFA teachers, farmers, academic faculty and staff, and agricultural, natural resource and business professionals, teach CFA students basic production agricultural practices; crop planning; soil science; pest management; organic agriculture; irrigation and water management; marketing; ecology and conservation; obtaining loans, insurance and permits; farm financials; human resource management; risk management; farm safety; regulatory compliance and problem-solving.

 

McMorrow stated, “These folks have been with us since February, following a rigorous application process. A lot of these folks either have land they have dreamed of farming but did not know how to put it into production. Some of them come from farming families, but they wanted to get involved in the family business on their own. They may have been in a different career and now want to do something new or different. Perhaps they haven’t studied agriculture or they have not seen much agriculture other than what their family does, so this is an opportunity for them to learn and to explore a new business idea.

 

“We only take people who are serious about production agriculture. This is not a program for somebody who thinks, ‘I’ve got an acre in my backyard and I really want to grow something.’ While that’s a cool thing to do, the academy is not for those people.”

 

“Our graduating farmers, who range in age from their late 20s to early 50s, each wrote a business plan and presented it to folks within the agriculture industry,” said McMorrow. “They also planted some of their own crops on a farm in Winters.

 

McMorrow elaborated, “These new farmers have been able to create their own networks, having made contact with more than 40 different folks within the agricultural industry throughout the time they spent with us. These networks include local farmers around Yolo County, Solano County, Sacramento County, and other regions, and will help our graduates realize their dreams.”

 

California Farm Academy (CFA) We grow farmers

“This is the fifth class that has graduated,” explained McMorrow, “and mind you, these folks are doing lots of different things. Some of them already have their own land, some are going to work for someone who has land, some will work other farmers, and some will go into a food-related business.”

 

“Still others will stay and lease small plots of land from us,” McMorrow commented, “to start their own farming business. Beginning farmers face huge barriers to getting started, the biggest of which is access to land, capital and infrastructure. So, to get their farming businesses started, California Farm Academy alumni are eligible to lease land at sites in West Sacramento, Davis and Winters at a very low cost.”


The Center for Land-Based Learning exists to cultivate opportunity.

For the land.

For youth.

For the environment.

For business.

For the economy.

For the future of agriculture.
2021-05-12T11:00:49-07:00September 19th, 2016|

Keeping the California Dairy Industry Afloat

The Necessity of Keeping the California Dairy Industry Competitive

 

By Brian German, Associate Broadcaster

 

 

Anthony Raimondo, an attorney with 15 years of experience working with farmers and farm labor contractors, is concerned the California government is placing the state’s agricultural industry at an economic disadvantage compared to other states. Raimondo used the California dairy industry as a prime example in which arbitrary in-state legislation is giving other states an advantage.
dairy cows

 

“The state government tells the dairy farmer how much they get to charge for milk,” explained Raimondo. “They have now raised minimum wage and overtime, with AB-1066 becoming law, but they do not tie any of that [added cost] to the milk price. Farmers will lose money,” he said.

 

“The California dairy industry is still fighting to be a part of the USDA’s Federal Milk Marketing Order (FMMO),” Raimondo continued. “But until that happens, the added costs are causing many California dairymen to weigh their options.”

 

Increasing government regulation is making it difficult for California dairies to compete with other states, Wisconsin in particular. Raimondo elaborated, “For many years, Wisconsin’s milk production was on the decline and California’s milk production was on the rise; that trend has now reversed. Wisconsin is now on the rise again and California is on the decline because our dairies can’t make it with the level of regulation and the level of cost,” he said.

 

“Some dairies have reduced hours to keep costs low,” said Raimondo. “Other dairies are closing either because they are going out of business or because they are moving to places like Idaho and Texas where the milk price is better and the cost profile is more favorable.”

 

The move to a FMMO would help even the playing field for California dairies. Raimondo warned there is a lot at stake if nothing is done to lower milk production costs in the number one Ag state. “We are going to lose a segment of agriculture that is 100% family farms. Family farming is one of those things that is precious to our state, and it can’t be brought back once it’s gone,” Raimondo said.

2021-05-12T11:17:12-07:00September 16th, 2016|

Ag Leaders Discuss AB 1066 Consequences

Ag Leaders on AB 1066 Consequences

By Patrick Cavanaugh, Farm News Director and Brian German, Associate Broadcaster

California ag leaders hoped that Governor Brown would see how the AB 1066 overtime bill would actually hurt farmworkers and veto it. Now that the Governor has signed it, the following ag leaders weigh in on AB 1066 consequences: Norm Groot, executive director of the Monterey County Farm Bureau; Bryan Van Groningen, field manager for Van Groningen & Sons Farms; and Anthony Raimondo, a Fresno-based attorney who has been representing farmers and farm labor contractors for over 15 years, among them.

Norm Groot

Norm Groot anticipated, “The end result of AB 1066 is a big move to mechanized harvesting, which probably means a change in some of the crops that we’re growing here simply because currently we can’t harvest lettuce or strawberries or some of the other vegetable crops by mechanized means. Lawmakers are forcing the hand of the growers to move into crops that are less labor intensive and thus, save the [labor] cost,” said Groot.

Groot noted the inaccurate AB 1066 assumption—that an increase in overtime hours and pay will result from its passage. “We will probably see their hours cut back to the eight hours a day and forty hours per week,” he explained, as stipulated in the law. “Growers will adjust their planning schedules to the amount of laborers that they think they have available for harvest. It’s not an automatic given that we’re going to see all these paychecks increase, simply because we’re putting overtime at more than eight hours a day or after forty hours a week,” Groot said.

Groot added that farmworkers are not in favor of losing 33% of their income at this point. “I think overall, the unions have been supportive of this particular change, but the unions do not represent the majority of the laborers or field workers at this point,” he said.

“I think if you were to ask the average field worker whether he wants to work ten hours a day and sixty hours a week, he would probably say yes. Field workers want that income. They know they work in a seasonal business; they have to earn their income when they can,” he explained.

Bryan Van Groningen

Bryan Van Groningen

Bryan Van Groningen

“Our farmworkers, our employees, love to put in the extra hours because this is the time that they’re making wages. Our company is accustomed to paying overtime if that’s what it requires,” said Van Groningen, “and the majority of our workers are already satisfied with the existing compensation structure.”

But Van Groningen noted the problem lies in what is considered overtime. With a shorter workday, overtime compensation rates will kick in much earlier than in the past, which will end up being a tremendous cost to the employer. “That’s going to cause our farm to mechanize a little bit more to try to get through the harvest more bit quickly because [the cost] is going to become too big of a burden,” he said.

Growers want to help their employees as best they can, but Van Groningen predicts reduced hours may become a necessity. “It’s just smart business. We don’t want to cut hours, but if we’re forced to because our bottom line is starting to become an issue, that’s what we’ll have to seriously consider,” he said.

Anthony Raimondo

Anthony Raimondo

Anthony Raimondo

Anthony Raimondo foresaw the effects of AB 1066 could put California at a disadvantage in the global marketplace. “At the very least,” Raimondo said, “employers will be forced to evaluate where they can cut production costs.”

“The increased overtime in some industries is going to drive automation,” said Raimondo. “So you are going to lose jobs because now it’s worth it for people to do the research and development to have more automation, more machine-harvested crops and less labor.”

Raimondo also expects some employers to add more H-2A temporary agricultural guest workers to make sure hours stay low enough to prevent their costs from increasing. “In the end, this is really going to cost farmworkers in terms of their real wages and it creates a massive economic disadvantage for California’s agricultural industry,” he said.

Policies like AB 1066 become increasingly problematic as the global agricultural industry continues to become more competitive. “Increasingly, agriculture has become a global marketplace in which we compete against countries that do not maintain the same labor standards nor the same environmental standards that we maintain, so our agricultural industry continues to remain at an economic disadvantage with the rest of the world,” noted Raimondo.


Featured photo: Norm Groot, Monterey County Farm Bureau executive director

2016-09-14T12:51:49-07:00September 14th, 2016|

Celebrating California Agriculture . . .

Celebrating California Agriculture . . .  An Ongoing Series

 

By Laurie Greene, Editor

 

Celebrating California agriculture is a refreshing perspective. Peterangelo Vallis, executive director of the Fresno-based San Joaquin Valley Winegrowers Association, has an astute viewpoint on California agriculture. Vallis said, foundationally, consumers loves farmers—unless those consumers have been exposed to oppositional or politicized messagingbut most have not been.

“You go talk to any random person in any city,” said Vallis. “If they’re not politicized, which most people aren’t, they are just trying to live their lives, eat their food and rear their children. And they love farmers because farmers make food,” Vallis said.

blue-diamond-a-can-a-week-is-all-we-ask

(Photo Source: Blue Diamond Growers)

“What have been some of the most effective agricultural campaigns in the country? Wendy’s ‘Where’s the Beef?’ Blue Diamond almonds, ‘A Can A Week, That’s All We Ask.’ These ads humanize who we are talking about.”

“How about the California Dancing Raisins? That was huge,” noted Vallis.  “Everyone in any part of the country remembers those raisins. That’s positive PR. That was positive recognition for Ag. We’ve got to be doing more of that.”

congress-created-dust-bowl Billboard on CA SR 99

Vallis advocates more positive PR, but says we need to take a different approach. “Instead of all these billboards running up and down [State Route] 99 that make us look like vigilantes with pitchforks, we need to take whatever money that took, buy some billboards in L.A. and San Francisco, Washington D.C., and New York with some happy kids, with a bowl full of veggies saying, “Thanks, mom! This was great!”

“This is basic, basic stuff because, realistically, we’re marketing the fact that we need help to make more food,” Vallis noted. “We’re making safe domestic food, but if we don’t engage with the people that are our customers, we’re never going to be able to get our ideas and our needs across, because we’re just not talking to the right audience.”

Statewide Drought Forces Californians To Take Drastic Measures For Water Conversation

“They’re not enough people here in the valley to move the needle. We’ve got to figure out a way to get San Francisco and L.A. appreciating our position, loving what we do, and trusting that we’re doing the very best job possible,” said Vallis.

2016-09-13T14:16:59-07:00September 13th, 2016|

Governor Signs AB 1066 Overtime Bill for Farmworkers

Governor Signs AB 1066 With Good Intentions

By Patrick Cavanaugh, Farm News Director and Laurie Greene, Editor

 

TODAY, Governor Jerry Brown signed AB 1066, the overtime bill for farmworkers, despite pushback from agricultural groups and farmworkers in the state. Ian LeMay, director of member relations & communications of the Fresno-based California Fresh Fruit Association, anticipates that not only will farmers in the state lose, but farmworkers, exports, and possibly consumers will lose as well. 

For years, California farm employees accrued overtime pay only after working a 10-hour day, instead of an 8-hour day, like most other employees in California. AB 1066 changes the overtime rules for farmworkers by gradually lowering overtime thresholds in steps over the next four years so farmworkers will eventually earn overtime after an 8-hour day.

The California farm industry has appreciated the prior overtime policy, according to LeMay, because agriculture is not a typical 52-week type of job. The workload of farming ebbs and flows with the seasons, weather, cultural practices and tasks.Farmworkers

For instance, harvesting of crops such as strawberries, citrus and table grapes, normally occurs during short 2- to 3-week periods in the state and is accompanied by an increase in demand for labor. As one might expect, the need for labor declines during non-harvest and non-planting phases, to the extent that farmworkers may endure periods of no work, and hence, no pay. So farmworkers have appreciated the opportunity to work extra hours and earn overtime during busier phases.

Labor costs for California growers of all fresh fruit, avocados and many vegetable crops will be most affected by this change. “This is going to have a very, very big impact on crops that require a high degree of labor like our stone fruit, table grapes and the rest,” said LeMay, “It’s definitely going to change the way our members have to approach doing business,” he said.

“When you compare it to the other states in the union that we are going to have to compete with,” LeMay elaborated, “when you take into account recent changes in minimum wage, piece-rate compensation, increasing farm regulations and now overtime, it’s going to be very difficult to compete not only in a domestic market, but also internationally. That’s the disappointing part about this.”

LeMay also explained that over the last 40 years, the California legislature has crafted labor law to create the highest worker standards in the U.S. “California was the only state in the union that had a daily threshold for overtime of [only] 10 hours per day, and we were one of four in the union that had a weekly threshold for overtime of [only] 60 hours. So in terms of ag overtime, California was already the gold standard.”

And, although lawmakers intended AB 1066 to help farmworkers, LeMay noted, “ultimately, the measure will impact farmworkers the most because farmers in the number one Ag state will find a way to keep its bottom line from eroding any further.

“California farmers will need to solve the puzzle of how to achieve the same amount of work in fewer hours per day,” said LeMay. “They will consider hiring double crews, increasing mechanization in packing facilities, orchards and vineyards, and reducing farm acreage to match their workforce. Or, for those commodities that require increased labor, you could see a transition to commodities like nut crops that use less labor.”

LeMay explained that during down periods on the farm, farmworkers generally collect unemployment, which is based on gross annual income. Now, by giving the farmer an incentive to reduce worker hours, farmworkers’ unemployment compensation may decrease as well.

Furthermore, for the consumer who desires fresh local food from small farms, the phase-in schedule AB 1066 provides to smaller companies is actually a competitive disadvantage. “While AB 1066 allows small farmers—those with fewer than 25 employeesmore time to phase in changes,” LeMay asked, “why would a farmworker stay at small farm under the prolonged 60-hour per week overtime threshold rule, when he or she could work at a larger farm under the phased-in 40-hour per week threshold?”

ab-1066-provisions

 

Are consumers willing to pay for increased labor costs on the farm? “As the saying goes,” LeMay quipped, “generally farmers aren’t price makers, they are price takers. Consumers are usually unwilling to pay extra for their produce, so farmers usually have to absorb increased costs.”

“Economically,” LeMay summarized, “the legislature has taken us from high labor standards to economically disadvantaging farmers and farmworkers. Lawmakers are not paying enough attention to keeping California companies viable, sustainable and successful.”

2016-09-12T18:40:13-07:00September 12th, 2016|

Salinas Valley SGMA Agency Progresses

Salinas Valley SGMA Agency Development Makes Headway

By Patrick Cavanaugh, Farm News Director

 

The Sustainable Groundwater Management Act (SGMA) empowers local agencies to adopt groundwater management plans that are customized to the resources and needs of their communities. All such designated groundwater sustainability agencies (GSAs) in the State’s high- and medium-priority groundwater basins and subbasins must be identified by June 30, 2017.

 

A GSA is responsible for developing and implementing a groundwater sustainability plan (GSP) to meet the sustainability goal of the basin to ensure that it is operated within its sustainable yield, without causing undesirable results. The GSP Emergency Regulations for evaluating GSPs, the implementation of GSPs, and coordination agreements were adopted by DWR and approved by the California Water Commission on May 18, 2016.

 

“We’re coming down to the wire pretty quickly,” commented Norm Groot, executive director of the Monterey County Farm Bureau in Salinas. “We’re moving forward with our SGMA implementation and moving closer to a proposal for our groundwater sustainability agency. We hope to have something presentable to the public entities sometime this fall.”

 

“We are meeting with stakeholders in the Valley and hopefully we can move forward with some of the solidification of the proposals and get into the nitty-gritty details of how to work that particular agency through the process,” Groot continued. “We have options to either take an agency that we have here in our county and rework it legislatively, or perhaps create a brand new agency. It just depends on the complexities of that particular issue based on the proposal that we come up with,” said Groot.

 

Groot noted local agricultural leaders have proposals on the table and various different options are under consideration. “The complexity of reworking an existing agency through a legislative process is rather daunting,” explained Groot. “The complexity of creating a new agency from the scratch is also very daunting and probably very expensive.”

 

Certainly any of these proposals under scrutiny will not be approved overnight. “It’s going to take some thought; some time, effort, and energy; and definitely some money to do,” said Groot.


Resources:

2016-09-08T08:02:22-07:00September 8th, 2016|

Will AB-1066 End Sunup to Sundown Farming?

Will Overtime Bill Kill Sunup to Sundown Way of Farming?

By Brian German, Associate Broadcaster

 

Newly approved by the California Assembly, AB-1066, which would effectively extend the payment of overtime compensation to agricultural employees after 8 hours of work in a day or 40 hours per week, instead of 10 hours per day or 50 to 60 hours per week, awaits Governor Jerry Brown‘s final decision this month. The theory behind the bill is understandable, but according to Bryan Van Groningen, field manager for Van Groningen & Sons, Inc.a California family farming business begun in 1922, agriculture works within a different timetable than other industries.

 

Because agricultural production is fundamentally nature-based, Van Groningen said there is an underlying need for non-traditional workdays. “Our crews, more or less, work from sunup to sundown,” he said. “That is what is required to get our harvest finished.”

 

Van Groningen & Sons employs different types of laborers, some who already work 8-hour days and others who work on a schedule that AB-1066 would  eliminate. “Our field workers—everybody is accustomed to a 10-hour per day and 50-hour per week system,” explained Van Groningen.

 

For Van Groningen & Sons, one of the largest producers of pumpkins for the West Coast, the period leading up to Halloween is naturally one of their busiest times of year. They have a short window of time to get their produce ready for its final destination, so putting an 8-hour limit on their employees would cause problems in meeting their deadline. “We have to get all of our crop in, harvested, transported, packed and shipped by a certain date. If we don’t,” he said, “the date comes and we’re pretty much finished.”

2016-09-05T21:44:31-07:00September 6th, 2016|

Weedy Rice Challenges Some Rice Growers

Weedy Rice Crops Ups Again in Northern Calif. Rice Fields

 

By Patrick Cavanaugh, Farm News Director

 

In Northern California, rice growers typically prepare to start harvesting in mid-September, but some growers have endured a lot of weed pressure from weedy rice (Oryza), also known as red rice, according to Whitney Brim-DeForest, a UC Cooperative Extension Rice Farm Advisor in Sutter, Yuba, Placer, and Sacramento Counties who focuses particularly on weeds. Red rice is actually the same species as cultivated rice, but it produces far fewer grains per plant and is therefore considered a pest.

 

Brim-DeForest said weedy rice is common in the Southeast, but not in California. “We’ve been pretty lucky in California in that we actually don’t have a big problem with it,” she said. “It’s a big problem down in the southern U.S. and they have been dealing with it in for a long time; but we have had it crop up. I think the last time was in 2006, and we managed to deal with it. It somehow popped up again in the last couple of years, so we’re dealing with it again.”

 

How weedy rice reached California is apparently a mystery. “We don’t really know the source of it, to be honest,” said Brim-DeForest. “We’re investigating that through research, hopefully starting this fall,” she said.

 

Brim-DeForest said growers have few choices to control weedy rice. “Growers that have it will either have to rogue¹ it out, pull it out by hand or sacrifice that field and spray it with Roundup,” she said, “which would kill the rice as well. And, if the rice grower doesn’t know he has weedy rice in the field, it could hurt him later at the rice mill,” explained Brim-DeForest.

 

“Once harvested, the rice goes to the mill. If a certain amount of red rice bran (the outer layer surrounding the rice grain) is discovered, the mill will not accept it and could reject the entire load,” she said.


¹rogue (verb) to remove inferior or unwanted plants

2021-05-12T11:05:48-07:00September 2nd, 2016|
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