George Soares on How DPR Sees Cannabis

Soares: DPR Interpretation of Cannabis is Wrong

By Jessica Theisman, Associate Editor

George Soares, a partner in Kahn, Soares, and Conway, a law firm based in Sacramento, recently spoke about the issues surrounding cannabis. He is managing partner of the firm and represents several agricultural commodity and trade groups in Sacramento.

He spoke at the recent California Associations of Pest Control Advisors (CAPCA) annual meeting in Anaheim. He touched on the fact that the California Department of Pesticide Regulation (DPR) is not thinking of the public in their handling of crop protection materials on cannabis.

“The people of California have decided that cannabis can be consumed by the public,” Soares said. “The question is how to grow the cannabis under the regulation.

Currently, the chemicals and fertilizers used to grow the cannabis are all illegal.

“So far, the solution is that we make it legal by stretching the interpretation of the law,” he explained.

By law, pesticides have to be labeled for use, and eligible crops must be on the label.

“The pesticides being used are being interpreted in ways to make it legal to use on cannabis,” Soares said. “Think about the damage that is doing to the legal structure of what we all adhere to.”

“DPR would never let a pesticide be used off-label, but when it comes to cannabis, it looks like the government is willing to let it slide,” he said.

2021-05-12T11:01:52-07:00November 1st, 2018|

President Signs Rep. Jeff Denham’s Water Storage Legislation

President signs Denham Water Storage Legislation

News Release Edited By Patrick Cavanaugh

 President Donald Trump signed into law recently legislation written by Rep. Jeff Denham (R-Turlock) to authorize financing of new water storage projects as part of America’s Water Infrastructure Act of 2018 (WRDA).

 “With the signing of this bill into law, we are bringing water home to the Valley,” Denham said. “I’ve been fighting since day one in Washington to build more water storage for our farmers and neighbors. Today, we celebrate future generations having access to the water they need and deserve.”

 Denham’s New WATER Act provides financing for water projects throughout the western United States, including new reservoirs, below ground storage projects, recycling, and desalination projects. For Sites Reservoir alone, this policy will save hundreds of millions of dollars in construction costs and significantly lower prices for water users.

Rep. Jeff Denham

In California and across the west, this means billions of dollars saved as we build the necessary infrastructure to capture the plentiful run-off from the Sierras, which can be used to irrigate the Valley and save for the dry years. During the rains of 2017, we saw how our inadequate storage quickly filled reservoirs, wasting water, and led to flooding and levee breaches—issues Denham secured language for in the WRDA bill.

Additionally, the bill enhances long-delayed and badly needed local flood protection for more than 50,000 Valley residents. Rep. Denham hosted the highest ranking civilian responsible for water infrastructure in the Army Corps of Engineers, Assistant Secretary of the Army for Civil Works Rickey “R.D.” James, in Manteca recently to ensure quick completion of ongoing construction and prioritization of the projects in the bill.

The Army Corps is responsible for managing these projects, and R.D. James saw firsthand how critical water infrastructure is in Stanislaus and San Joaquin County, including the levees near Manteca that were breached in 2017. These levees are currently being restored with federal funding.

To build upon these infrastructure improvements, additional Denham language in the WRDA bill makes additional levee authorizations in San Joaquin County eligible for federal resources to protect our communities. Denham also included language to expedite the feasibility study of the Mossdale Tract, or Reclamation District 17, which includes the French Camp veterans treatment facility.

2018-10-30T16:36:46-07:00October 30th, 2018|

Nisei Farmers League Grateful for President Trump’s Executive Order on Water

Nisei Farmers League: It Was A Bold Move 

News Release Edited By Patrick Cavanaugh

Manuel Cunha, Jr., President of the Nisei Farmers League thanked President Trump for his Executive Order last week, which will streamline federal regulations and improve water reliability.

“We want to thank President Trump, Congressman Devin Nunes, and the entire Valley delegation for their efforts that will improve the lives of many, especially in the San Joaquin Valley,” Cunha stated. 

There will be a strict timetable for rewriting the biological opinion that caused millions of acre-feet of water that would have been used in the San Joaquin Valley to be flushed out to the ocean. This action prioritizes building water storage projects that are badly needed.

This bold move is a welcome announcement to farmers, families, and communities throughout California who have suffered through many dry years and have been harmed by the Endangered Species Act, which reduced much-needed water supplies to restore fish populations.

“I would like to thank Mario Santoyo and the California Latino Water Coalition for leading the ‘March for Water’ in 2009 that started the ‘turn on the pump’ effort to bring additional surface water supplies to our Valley. It has taken 9 years to get to this point, but we never gave up,” Cunha said.

It is a good day for California, for our hard-working families, and for our communities.

2018-10-25T13:19:29-07:00October 25th, 2018|

ALRB Officially Certifies Gerawan Workers’ “No Union” Vote

“No Union” is Official Result

News Release Edited by Laurie Greene

TODAY, the Agricultural Labor Relations Board (ALRB) officially certified that a majority of the valid ballots from the November 5, 2013, election that were counted five years later in Fresno on September 18 were cast as “No Union.” In addition, the ALRB concluded that “the United Farm Workers of America thereby lost its prior status as the exclusive representative of the employees for the purpose of collective bargaining.”

Silvia Lopez, a Gerawan employee at the time, filed the petition on October 25, 2013, to decertify the UFW as the bargaining representative of the agricultural employees of Gerawan Farming, Inc., which led to the sanctioned decertification election a few weeks later. Today, Lopez commented, “I cannot believe what just happened today. The ALRB certified our votes and results. I am speechless and beyond excited and happy because justice was finally done.”

Count our votes Farm workers' rights UFW Endorsement "No Union"

Count the Votes

Said attorney Anthony Raimondo, “This is a great day for farm workers all across the state of California who can finally celebrate the fact that they wll be the ones who decide their future, not a government agency or a politically connected union. The workers will rest easy tonight knowing that their wages belong to them and will not be taken from them by the United Farm Workers union.”

“We are grateful that the ALRB has recognized the undeniable truth of the workers’ will as expressed in the vote,” Raimondo continued, “and relieved that the agency has decided to abandon its alliance with the UFW and work for the rights of California farmworkers rather than the financial health of a failing union.”

Jesse Rojas, spokesperson for Pick Justice, stated, “Pick Justice was started because of the courage, strength and determination of thousands of farmworkers who simply wanted the right to choose and to be treated equally like every other worker in the state and country. We are thankful that the ALRB finally did the right thing after 5 years of suppressing workers’ rights. Today is a historic and huge victory for the Gerawan farmworkers. Pick Justice is just getting started and will continue to advocate for what is right.”

Link: To review the ALRB Certification of the November 2013 Election to Decertify UFW issued TODAY, September 27, 2109, click on 44 ALRB No. 10.

2018-10-09T22:42:51-07:00September 27th, 2018|

Denham Legislation Brings More Water Storage

Dept. of the Interior Moves forward on the Expansion of Shasta Dam

News Release Edited by Patrick Cavanaugh

 The U.S. Department of the Interior is moving forward on the enlargement of Shasta Dam, a critical water storage reservoir in California. This expansion comes as a direct result of Rep. Jeff Denham’s Water Infrastructure Improvements for the Nation (WIIN) Act language and $20 million in funding approved in March of this year.

“We’re moving forward with building more water storage for the first time in decades,” Denham said. “Real progress and results are what California needs if the next generation wants water.”

Rep. Jeff Denham

The total expansion of Shasta Dam will raise the dam by 18 ½ feet and provide an additional 630,000 acre-feet of stored water for families, farmers, and cities, delivering more water and improving reliability for farmers and communities. The expansion will also help reduce flood damage and improve water quality in the Sacramento River to revitalize fish populations and foster a stronger ecosystem.

According to the Bureau of Reclamation, which is leading the expansion effort, construction contracts for the dam are expected to be issued by December 2019, and the entire project is estimated to cost $1.4 billion. The project is eligible for additional financing through Denham’s New WATER Act, which provides financing opportunities for water infrastructure projects and will reduce the cost to water users.

The Denham New WATER Act language is expected to be signed into law in the coming weeks to make major water infrastructure improvements a reality in the Central Valley. This success comes on the heels of major developments in the fight against Sacramento’s water grab, including Secretary of the Interior Ryan Zinke and Secretary of Agriculture Sonny Perdue voicing support for Denham’s efforts to stop the state’s Bay-Delta plan.

For more information about the enlargement of Shasta Dam, click here. To learn more about what Rep. Denham is doing to fight for water in the Valley, visit www.Denham.house.gov/water, where you can also sign up to receive periodic updates on his work in Washington to improve local water infrastructure, storage and delivery.

2018-09-25T16:40:50-07:00September 25th, 2018|

Worker Transportation Pay is a New Threat to Agriculture

Plaintiff Trial Attorneys Pushing For Ag to Pay for Transportation Time

By Patrick Cavanaugh, Editor

Something serious that could cost growers a lot of money concerns paying for worker transportation to and from a field, which traditionally has not been paid.

Michael Saqui is the principal owner of the Saqui Law Group, with offices in Roseville and Salinas. He specializes in labor and employment in agriculture.

“We’ve been having area meetings around the state regarding what we consider to be the most pressing and catastrophic issue facing agriculture today,” Saqui said. “The macro view is the proliferation of litigation against farmers for wage and hour Private Attorney General Acts.”

Saqui said it’s moved from nonproductive time, which could have bankrupted many companies had there not been a fixed put in through AB 1513.

“However, now the California Rural Legal Assistance and plaintiff attorneys have moved to the next big issue and that’s farm worker transportation.”

Farm worker transportation spins off the fact that we have a serious labor shortage, and we’re transporting workers greater distances than ever before.

And workers in car crews and buses and vans are being transported or transport themselves greater and greater distances.

“And the theory, of course from plaintiff trial attorneys is that even when they’re clearly voluntary mechanisms by which workers get transported on buses and vans, that it’s defacto involuntary because their theory is that farm workers have no position or station in life to make their own free decisions or have no other means, which is simply not the case.”

“Our workers for the last 30 years through car cruise and carpooling arrangements in vans have been getting around in servicing our crop needs and we have the best, most productive workforce on the planet,” said Saqui. “The plaintiff trial attorneys just keep nipping at different issues, and this is an issue that could potentially cost us hundreds of millions of dollars.”

For more information go to www.CAFarmersforFairness.com.

2018-09-20T17:00:38-07:00September 20th, 2018|

Gerawan Statement on the Results of the November 5, 2013 Decertification Election

The following statement was issued on September 18, 2018, by Gerawan Farming Inc. regarding TODAY’S Decertification Election Ballot Count

Fresno, CA — Our employees have been waiting since November 2013 for their votes to be counted. After a historic struggle, they achieved that right today, in spite of the efforts by the UFW and the millions of taxpayer dollars spent by the Agricultural Labor Relations Board to deny them that right.

The final vote count was 1,098 “No Union,” and 197 for the UFW.  The employees overwhelmingly rejected the UFW as their bargaining representative – by a 5 to 1 margin – in spite of the ALRB’s last-minute, election day refusal to count approximately 640 ballots challenged by the UFW.

A secret ballot election is intended to embody and reflect the workers’ fundamental right to choose their representation. That right is at the heart of what the Agricultural Labor Relations Act is designed to protect and promote. Today’s vote tally leaves no doubt what our employees want.  It is a ringing endorsement of their right to choose, and a repudiation of concerted, unlawful, and anti-democratic efforts to deny them that right.

We call on the UFW and the ALRB to respect the choices of farmworkers, to certify the results of the election, and to decertify the UFW.  We call on the Legislature and the Governor to take immediate steps to ensure that the ALRB’s violation of the basic human rights of farmworkers never occurs again in California.

CONTACT: David Schwarz

(310) 277-1010

DSchwarz@irell.com

Featured Photo:  Silvia Lopez, Gerawan Farm Employee, listens to the Sept. 18, 2018 Ballot Count of Nov. 2013 Decertification Election.

2018-09-18T17:24:54-07:00September 18th, 2018|

Calmer Minds Must Prevail for Trade Talks

California Growers in a World Market

By Patrick Cavanaugh, Editor

Paul Wenger, a Stanislaus County almond and walnut grower told California Ag Today recently  that California growers have often suffered with tariffs. “The proposed trade agreements such as TTIP and TPP along with NAFTA would have helped solve tariff problems,” he said. “But TTIP and TPP are gone.”

“The Trump administration may try to negotiate a bilateral agreement with other countries, and he seems to be working on NAFTA with Mexico,” noted Wenger, who is also the past president of the California Farm Bureau Federation.

At the end of the day, Wenger hopes that calmer minds will persevere and we’ll see these trade negotiations get done and we’ll move forward.

“Because we are in a world market,” Wenger explained. “As much as President Trump puts tariffs on steel and aluminum … saying that we’re going to bring back our rust belt, well, we’re not, because it’s not the market that has killed the steel industry, it has been the regulations. Our steel industry can’t produce at a level that people are willing to pay.”

There are a lot of crops that can only be grown in a Mediterranean climate. There are only five Mediterranean climates in the world; California is one of them and the largest producer of specialty crops.

The central part of Chile can produce a lot of the crops that we have today. But other than that, it’s the south tip of Australia and South Africa and the Mediterranean region itself.

“When you really think about who can produce, as long as we have the water, not only do we have to worry about marketing our product, we have to also fight for our water so we can produce those crops. And long-term, people are going to find a path to California for the crops that we grow here,” Wenger said.

2018-09-11T15:59:43-07:00September 11th, 2018|

Halting the Sacramento Water Grab

Rep. Denham calls on Congress to halt Sacramento Water Grab by enacting Denham Amendment

News Release Edited By Patrick Cavanaugh, Editor

 Recently, U.S. Representative Jeff Denham (R-Calif.), along with thirteen of his California colleagues, sent a letter to Speaker of the House Paul Ryan (R-Wis.) to make sure Rep. Denham’s House-passed amendment to stop Sacramento’s water grab is included in the next spending bill that is signed into law.

“My amendment halts the disastrous Bay-Delta Plan that would see 40 percent of our water flushed out into the ocean,” Rep. Denham said. “Congress must act to protect the Valley.”

Rep. Jeff Denham, photo courtesy of his Facebook page

 Rep. Denham’s amendment to stop the state’s dangerous water grab passed the U.S. House of Representatives in July as part of a Department of the Interior appropriations bill and put a major spotlight on this issue. The amendment, currently awaiting a vote in the Senate, prohibits federal agencies from participating in the state’s plan to deplete the federally-owned New Melones reservoir, which provides water for the Central Valley Project and generates hydropower.

Sacramento’s plan would drain significantly more water from New Melones each year, potentially leaving it completely dry some years.

Sacramento’s planned water grab would do irreparable damage to Central Valley communities, directly interfering with the New Melones Project’s ability to store water and the Central Valley Project’s ability to deliver water.

The plan would subvert the will of Congress and jeopardize a significant portion of the nation’s agricultural productivity. Following a visit to New Melones at the request of Rep. Denham, Secretary of the Interior Ryan Zinke sent a letter to the State Water Resources Control Board highlighting serious concerns with the plan and directed his agencies to propose a new plan to maximize water storage and resolve issues with the state, among other directives. 

Rep. Denham will continue fighting to protect Central Valley water, support science-driven river management plans that revitalize our rivers without recklessly wasting water, and push major policies like the New WATER Act that will solve California’s water storage crisis and keep the Valley fertile and prosperous for generations to come.

2018-09-10T16:47:28-07:00September 10th, 2018|

Lessening Negative Feelings Over Trade War

Walnut Processors Maintain Optimism

By Patrick Cavanaugh, Editor

California Ag Today recently spoke with Paul Wenger, past president of the California Farm Bureau Federation. He farms 700 acres of almonds and walnuts in Stanislaus County. He said that California Farmers and other stakeholders of the industry need to be less negative about the current trade war with China.

Almond and Walnut Grower Paul Wenger

“The more we talk negatively, the more that negative things are going to happen,” he said. “As I talked to walnut processors. They’re optimistic. That’s good news. I’ve talked to some walnut processors and said, ‘Well, what’s going to happen this year?’ We shouldn’t expect much as far as prices.”

“Marketing is always a self-fulfilling prophecy and it’s more psychology than it is anything,” Wenger said. “We are one of the largest producers now. Certainly, China is the largest producer. But China had a terrible crop and so they need walnuts, and so strange things can happen and the Chinese are always one that can bend the rules when they need.”

“We know that’s why President Trump has been going after China supposedly over some of these intellectual properties. Certainly, those aren’t the things that hurt agriculture, but we in agriculture are paying the price as we look at these countervailing tariffs that are coming on,” Wenger said.

Wenger explained that the Chinese know that, throughout the Midwest, it was the farm vote that helped and the rural states that helped bring home a victory for the president, so they’re going to go after President Trump.

A large amount of product was sold last season at a low price.

“We just go through the Affordable Care Act and then the port slowdown on the 2015 crop, which went into the 2016 crop, which was a little better We got a little bit better than 2017 crop was a good year for us,” Wenger said. ‘So you’re looking at a pretty good ’18 and now this happens.”

2018-09-04T13:42:28-07:00September 4th, 2018|

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