California Fruit and Vegetable

Category: Ag Legislation

  • Blueberry Councils Appoint Two New Hires

    Beginning September 28, 2020, the U.S. Highbush Blueberry Council (USHBC) and North American Blueberry Council (NABC) appointed Jennifer Sparks, a longtime marketing professional for the floral industry, as vice president, marketing and communications.

    Jennifer Sparks

    In her new role as part of the USHBC/NABC executive team, Sparks will manage various advertising agencies and marketing partners, and oversee all aspects of the marketing strategic plan, including branding, merchandising, promotions, advertising, public/media relations, market research and consumer affairs to spotlight the health benefits of blueberries and increase consumption. She will lead the implementation of brand-driven internal and external communications across a range of categories: consumer, retailer, food service and industry relations. She will work with a diverse group of industry stakeholders – growers, handlers, importers and retailers – across two continents.

    Sparks brings more than two decades of association management and industry promotion experience, most notably 17 years as vice president of marketing for the Society of American Florists (SAF). There, she spearheaded the floral industry’s public education and media relations campaigns, experiential marketing initiatives, influencer programs, digital content and collateral materials. The SAF program developed strategies, messaging and key tactics inspired by consumer insights and groundbreaking university research to promote the emotional health and well-being benefits of flowers. Sparks also served as the industry spokesperson and trained others in media relations best practices.

    Sparks holds a master’s degree in public relations/corporate communications with a specialty in crisis management from Boston University, and a bachelor’s degree in journalism from Radford University in Virginia.

    “We’re thrilled to have Jennifer on board to help direct our marketing and demand-driving efforts,” shared NABC/USHBC President Kasey Cronquist. “She brings a depth of experience and leadership that gives me great confidence in where our blueberry industry can go from here.”

    A self-proclaimed blueberry enthusiast since childhood, Sparks says, “I am grateful for the opportunity to join such a dynamic team to help build brand recognition, enhance thought leadership, amplify the value proposition and promote the amazing benefits of blueberries.”

    Sparks shared more of her experience and thoughts on the new direction for 2021 in a recent episode of USHBC’s “The Business of Blueberries” podcast.

    Adam Winland Joins NABC and USHBC as Financial Controller

    Adam Winland has been hired as the financial controller for the North American Blueberry Council (NABC) and the U.S. Highbush Blueberry Council (USHBC), a newly created position that will oversee the councils’ day-to-day accounting and provide strategic financial direction.

    Adam Winland

    Winland brings 15 years of financial management experience to the councils. He most recently spent four years as controller for Ideal Dental Management Partners based in West Sacramento, California. He managed the finances of multiple dental offices and was involved in the acquisitions and sales of dental practices.

    He previously spent two years as assistant controller for Easter Seals Bay Area based in Pleasant Hill, California, and six years as vice president of accounting and finance for TKG International, a real estate investment firm based in Livermore, California. At TKG, he was involved in the management of the company’s 100-acre vineyard and helped it transition to organic growing practices and become certified by California Certified Organic Farmers.

    He is a native of Michigan and a 2004 graduate of Eastern Michigan University with a master’s degree in accounting and a bachelor’s degree in accounting information systems, with a minor in economics.

    Winland will be part of the councils’ executive team and manage an annual budget exceeding $13 million. He will oversee accounting, investments, cash flow management, and short- and long-range financial projections. He will also ensure the accuracy of NABC/USHBC accounting data and financial records, produce annual budgets and financial reports, and oversee financial and regulatory audits. He’ll head up administrative services, which includes human resources, benefits, policies and procedures, and operations.

    “We’re excited to have Adam bring his knowledge and expertise to the team,” said Kasey Cronquist, president of NABC and USHBC. “His prior experience in ag and finance make him a perfect fit as we look to grow our program alongside the growing demand for blueberries.”

    “I’m thrilled to be part of these organizations and I look forward to helping NABC and USHBC achieve their respective visions,” Winland said. “Coming back to my ag roots is an absolute pleasure, and I’m happy to contribute to the success and sustainability of the councils.”

    About the U.S. Highbush Blueberry Council
    Established in 2000, The U.S. Highbush Blueberry Council (USHBC) is a federal agriculture research and promotion program with independent oversight from the United States Department of Agriculture (USDA). USHBC represents blueberry growers and packers in North and South America who market their blueberries in the United States and overseas, and works to promote the growth and well-being of the entire blueberry industry. USHBC was established by blueberry growers and currently has 2,500 growers, packers and importers. USHBC is committed to providing blueberries that are grown, harvested, packed and shipped in clean, safe environments. Learn more at ushbc.org.

    About the North American Blueberry Council
    Since 1965, the North American Blueberry Council (NABC) has been the voice of the blueberry industry in the U.S. and Canada. NABC’s members represent approximately 70% of the North American highbush blueberry crop. NABC was instrumental in the establishment of the U.S. Highbush Blueberry Council (USHABC), a federal agriculture research and promotion program with independent oversight from the United States Department of Agriculture (USDA). Learn more at nabcblues.org.

  • CDFA Prune Handlers Annual Report

    California Department of Food & Agriculture — Prunes produced by handlers in 2019 totaled 9,791 tons, down from the 10,728 tons reported in 2018. This figure does NOT include prunes purchased from other handlers or producers.

    The total 2019 prune crop purchased from producers, for whom pricing had been finalized, reached 38,336 tons at an average price of $1,456 per ton, down significantly from the $1,715/ton average of 2018. This price is rounded to the nearest dollar per ton and includes all bonuses and allowances.

    Purchases from producers, for whom pricing was NOT finalized, totaled 39,828 tons. The average “good faith” estimate of the final weighted average price for this tonnage was $2,133 per ton.

    The quantity of all prunes purchased from producers was 78,164 tons for the 2019 crop. This figure does not include prunes produced by the handler or purchased from other handlers. The weighted average size count of tons purchased from producers was 57 for the French varieties and 58 for the Non-French varieties.

    The tonnage produced by the handler plus tonnage purchased from producers for the 2019 prune crop was 86,879 tons of French prunes and 1,077 tons of Non-French prunes for a total of 87,956 tons.

    Information contained in this report was supplied by prune handlers to fulfill reporting requirements of Sections 55601.7 and 55601.8 of the Food and Agricultural Code. The report includes all tonnages of prunes that were either produced by the handler or purchased from producers. The final weighted average price, including bonuses and allowances, has been reported for all contracts which were finalized.

    All 2019 crop transactions completed through the close of business on August 31, 2020 are included in this report. A “good faith” estimate of final weighted average price was reported for those contracts which were not final on the same date. The data are shown by major varieties at the State level only.

    DEFINITIONS

    Producer: A person or operator who is responsible for the prunes in the unprocessed state. A dehydrator operator is considered the producer of prunes if they grew or purchased fresh prunes and dehydrated them.

    Handler: Firm that processes and markets prunes.

    Finalized Purchases: Tonnage purchased from producers, for which a pricing contract has been completed.

    Non-Finalized Purchases: Contracted tonnage, for which a final price has not yet been determined.

    Free Tonnage: Tonnage received by a handler, for which the only Federal marketing order regulation is a minimum quality or size standard. Reserve tonnage is the tonnage set aside as authorized by a Federal marketing order.

    Weighted Average Price: Weighted average price reflects prices or “good faith” estimates of prices as reported by handlers and include any bonuses or allowances. 

  • To all San Joaquin Valley Citrus Growers

    The ACP/HLB San Joaquin Valley Task Force called a meeting on October 8, 2020 due to the increased number of ACP trap finds in the southern part of Kern County. In the last month (September and into October), there

    have been a total of 35 ACP trap finds in the areas of the south part of Bakersfield, Arvin, Lamont, Mettler, and Maricopa. There were 15 residential and 20 commercial citrus sticky trap finds. While there have been finds in

    some of these areas in the past, the amount of detections in this last 30-day period is alarming. The Asian citrus psyllid, as a reminder, transmits Huanglongbing; the best way to avoid HLB is to control ACP which the valley has been successfully doing. 2020 has been a suspiciously quiet year for ACP finds but now, it is time to act.

    We are now in the late part of the season where most spray programs have already been executed. A coordinated spray is not recommended at this time. Kern County growers are encouraged to use an ACP effective material if they have not done so in the last six weeks. It is prudent for all growers to use ACP effective materials when treating other pests. Regarding the residential finds, CDFA is at various stages of treating them. Prior to these finds, CDFA had released Tamarixia radiata in certain residential areas of Kern County. Future Tamarixia releases are scheduled.

    The task force wants to convey the seriousness of what is being seen and what it means to our industry. Unfortunately, the suspicion is that these finds in commercial citrus are spilling over from residential properties. It is up to the citrus industry to deal with this threat. San Joaquin Valley citrus growers have done a good job using ACP effective materials when treating. The cooperation shown by growers during coordinated treatments reflects their commitment to keeping ACP suppressed. Nevertheless, task force members wished to highlight what should be done to help control the Asian citrus psyllid here in the valley.

    It is even more imperative to control the psyllid due to the find of a CLas positive ACP in commercial citrus down in the Riverside area. That was a wake-up call. We cannot, as an industry and in good conscience, dismiss that find. Growers and Pest Control Advisors need to be diligent. The following best practices must be a part of the regime tending to citrus groves.

    What do Growers and Pest Control Advisors need to do? It is easy to say, “follow the best practices”, but there are key elements that the task force believes is important. All the guidelines should be adhered to, but these are the key elements:

    A. Know When and Where Asian citrus psyllids might be present.
    – flush is what attracts the psyllid. Nice, tender leaves and stems. Like candy to an ACP.
    – citrus varieties matter. Lemons flush constantly. Grapefruit, oranges, and mandarins will have fewer flush cycles.
    – know when flushes occur. Spring, late summer for established trees. Younger trees have extensive, prolonged flush. Topping and hedging will produce flush. Spraying with kaolin stimulates flush also.

    – temperature determines how long a flush will last. Hot temps lead to quick hardening of the plant growth. Cooler temps prolong flush.

    1. Scout for Asian citrus psyllids (Yellow sticky traps are a passive method to determine presence of ACP).

      – use both visual and tap surveying.
      – survey along the borders, psyllids tend to not go deeper into groves unless the population is high (they do not like each other very much). If very wide plantings or very wide wind machine rows exist, then check along them too. Younger trees and shorter trees will allow the psyllids to travel farther into the grove.
      – do more frequent surveys during flush. Monthly surveys work when the vegetation is hardened off, unless the trees are close to a find, then sampling frequency should increase.

    2. Be aware of inadvertently transporting ACP.
      – clean equipment used before moving to the next property. Applies to anyone working in a grove; especially picking crews, trimming crews, irrigators, Pest Control Advisors, and the growers themselves.
      – check clothing and vehicles for insect hitchhikers. Shake out hats, bags, clothing. Sweep down vehicles.
      – do not park vehicles in the rows, park outside of the grove.

    3. If possible, use ACP effective materials when treating other pests, following label instructions.

    4. Follow the requirements when moving bulk harvested citrus.

    5. Be aware of developments!
      – receive newsletters from San Joaquin Valley Grower Liaisons.

    Fresno County Northern Tulare County Southern Tulare County Kern County

    – subscribe to industry publications.

    Sylvie Robillard Teri Blaser Jessica Leslie Judy Zaninovich

    FresnoACP@yahoo.com TBlaserSCI@ocsnet.net jess.leslie@hotmail.com jleslie@msn.com

    These were felt to be the most important points of the voluntary best practices. The ACP/HLB San Joaquin Valley Tack Force felt it was important to write this letter to all the valley citrus growers because as of this moment, the valley has not discovered a CLas positive Asian citrus psyllid or a CLas positive tree. The members of the task force believe that the industry must operate under the assumption that there are positive psyllids and trees in the valley; they just have not been found yet. If the industry relaxes its vigilance that is when Huanglongbing will become established and cause havoc. Thank you for taking the time to read this and may each and all stay safe and well.

    Sincerely,

    The ACP/HLB San Joaquin Valley Task Force 

  • National Project Tackles Virus Threats to Potato Industry

    A University of Idaho-led team will tackle a pair of viruses that cause major losses to the potato industry.

    U of I researcher and potato virus expert Alex Karasev will lead the project funded by a $5.8 million grant from the U.S. Department of Agriculture National Institute for Food and Agriculture.

    The team of two dozen scientists will target potato virus Y (PVY) and potato mop top virus (PMTV) in seed potatoes, the first level of commercial potato production, and in potatoes grown for market.

    The project involves seed improvement organizations nationally that certify seed potatoes are disease free.

    Long known as a serious problem for growers, PVY damages plants and reduces yields and the size of the potatoes, making the crop less valuable. An earlier U of I study estimated losses from PVY cost Idaho’s potato industry $34 million a year and reduced potential yields by 10 to 50%.

    PMVT presents the potato industry with a new problem. Six states have found the virus in their seed potato crops. An estimated 5% of Maine’s seed potatoes carry PMTV. The virus is transmitted by protists, microbes that have qualities of fungi and algae.

    The project includes university researchers in 10 potato-growing states, including Idaho, Colorado, New York and Oregon, and USDA Agricultural Research Service scientists based in Prosser, Washington, and Aberdeen, Idaho. U of I researchers in Idaho Falls, Kimberly and Moscow will work on the project.

    The new four-year project continues work Karasev participated in that was originally led by a New York-based researcher who retired earlier this year.

    “Because of its position as the nation’s top potato-producing state, it is fitting that Idaho is leading the project,” Karasev said.

    The most immediate goal is to give potato growers tools to control the viruses with better ways to test plants and fields. A key medium-range goal focuses on strategies to control pests that spread the viruses and to educate growers. A long-range priority is identifying genes that can provide resistance to the viruses and their vectors. Those genes can help potato breeding programs to develop new varieties.

    Developing better testing can help seed potato producers to limit the spread of the viruses and prevent losses in the field and storage.

    Researchers will study the economic impacts of the viruses and develop ways to communicate with and educate growers about the best strategies to reduce the viruses’ impacts.

    Karasev won a mid-career award from U of I in 2013 partly for his work on PVY, which became an issue for Idaho growers in the early 2000s. He recently turned his attention to PMTV as its threat to the potato industry increased.

    This project, titled “Development of Sustainable System-based Management Strategies for Two Vector-borne, Tuber Necrotic Viruses in Potato,” is funded under the U.S. Department of Agriculture National Institute of Food and Agriculture grant No. 2020-51181-32136. The total project funding is $5,756,299 of which 100% is the federal share.

  • New California Mandarin Objective Measurement Survey

    USDA’s National Agricultural Statistics Service, Pacific Regional Field Office conducted the Mandarin Objective Measurement Survey for the first time this year. A sample of 271 Tango, W. Murcott Afourer, and White Murcott Mandarin varieties were randomly selected proportional to county and variety bearing acreage. Initial results show an average fruit set of 945 fruit per tree and an average fruit size of 1.49 inches in diameter for these varieties. Because this is a new survey, a production forecast will be not be made for at least three years.

    Fruit counts were made from two trees per orchard, and fruit diameter measurements were taken on the right quadrant of four trees surrounding the two sampled trees.

    California Mandarin Objective Measurement Survey Results, October 1, 2020
    County Number of samples Average set per tree Average diameter (inches)
    Fresno 31 1,378 1.57
    Kern 66 1,005 1.52
    Madera 34 694 1.34
    Tulare 132 912 1.48
    Other1 8 367 1.57
    State Survey Avg. 271 945 1.49

    1Other includes Imperial, Riverside, and Ventura counties.

    This and all NASS Pacific Regional reports are available at www.nass.usda.gov/ca. For more information, contact the NASS Pacific Regional Field Office at 1-800-851-1127.

  • Five Steps for Ag Processors to Adapt their COVID-19 Incident Response Approach

    COVID-19 is a health crisis in the United States but major industries, like agriculture, chemical manufacturing, oil and gas exploration and production, all need to keep functioning as essential businesses in the midst of the crisis.  The response to COVID-19 has core parallels to major industrial accident response, which involves deploying the right resources for the task.  Every incident, be it a fire, explosion, or a government inspection and citation for regulatory compliance failures involves four key elements of response:  (1) the immediate response; (2) the extended response; (3) compliance and prevention; and (4) preparedness/lessons learned to improve.  This lifecycle of an incident applies equally to a COVID-19 contact among your employees or customers.  Make no mistake.  The stakes are high.  Recently, Cal/OSHA issued COVID-19 related citations to two companies of over $200,000 each, one to a frozen food manufacturer and the other to a temporary employment agency.  New legislation that becomes effective next year gives Cal/OSHA expanded authority to issue Orders Prohibiting Use for workplaces that pose risk of an “imminent hazard” relating to COVID-19.  In other words, they can shut your plant down if you don’t have the right procedures in place to respond to a COVID-19 incident.

    Processing plant managers are accustomed to incidents, such as injuries, agency inspections, or citations (hopefully not too frequently with respect to citations); applying the process in the context of COVID-19 can work extremely well, even where handling these situations requires adjustment for the particular crisis at hand.  In every crisis, the approach needs to be tailored, and COVID-19 incidents are no different.

    Examples of how a COVID-19 response needs to be tailored include determining work-relatedness to a positive test to COVID-19, identifying close contacts, identifying the agencies to whom notifications must be provided, and contact tracing for potentially exposed employees, testing, and implementing isolation protocols.  In the context of COVID-19, agriculture companies need to be keenly aware of increased Cal/OSHA oversight, as the agency has identified agricultural processing as a priority for enforcement because agricultural processing facility workers have been disproportionately impacted.

    When confronting a COVID-19 incident, follow these useful tips to help minimize liability and potential for citation by the government.

    1. Familiarize yourself with the Extensive Government Guidance Issued, Especially that Tailored to Your Industry

    There’s a saying in incident response:  your greatest exposure is not the incident itself but whether you follow the regulations for reporting and responding to the incident.  That’s true for a major chemical release from your operations and a COVID-19 incident, alike.  When the crisis emerged, several federal and state agencies provided guidance documents to companies on how to address potential cases of COVID-19.  Like the crisis, the guidance is evolving.  The government continues to update its approach and has even offered tailored to specific industries.  Following the agency guidance will put a facility in a much stronger compliance position when faced with a compliance inspection or determination of work-relatedness.

    Some key recent government guidance specific to the agricultural processing industry is listed below:

    • September 18, 2020, California Department of Public Health (CDPH) updated Guidelines intended for use by employers experiencing an outbreak of COVID-19 in their workplace.  It emphasizes that employers should be proactive and keep in mind that identification of even a single positive case among employees may quickly develop into an outbreak.
    • July 29, 2020, California COVID-19 Guidance for the agriculture and livestock industry to support a safe, clean environment for workers.  Recommendations include that an employer investigate any COVID-19 illness and determine if any work-related factors could have contributed to risk of infection;    identify close contacts (within six feet for fifteen minutes or more) of an infected worker and take steps to isolate COVID-19 positive worker(s) and close contacts; implement the necessary processes and protocols when a workplace has an outbreak, in accordance with the CDPH guidelines.
    • July 21, 2020, Cal/OSHA updated Guidance for the agriculture industry.  This provides:
    • COVID-19 Daily Checklist for Agricultural Employers
    • COVID-19 General Checklist for Agricultural Employers
    • Infection Prevention for Agricultural Employees and Employers
    1. Make Required Government Notifications

    Understand requirements for reporting employee cases to Cal/OSHA.  Any serious injury, illness, or death occurring in any place of employment or in connection with any employment must be reported by the employer to the local Cal/OSHA district office immediately.  For COVID-19, this includes inpatient hospitalizations and deaths among employees.

    On September 17, 2020, Governor Newsom also signed into law AB 685 which enhances reporting requirements to local health authorities in the event of a COVID-19 outbreak in the worksite.  The law takes effect on January 1, 2021.

    Employers should also check local guidance to determine if there are other investigation, reporting, or recording obligations triggered by a positive COVID-19 case.

    Finally, recognize that if an employee is out with COVID-19 or quarantined, other government obligations, like environmental reporting may fall by the wayside in their absence.  Develop a plan to ensure your ongoing government reporting obligations are being met, even those not COVID-19-related.  Having an employee out due to COVID-19 is likely not going to serve as an acceptable excuse for environmental noncompliance.

    1. Do the Investigation

    To comply with Cal/OSHA requirements, plant managers should ensure their companies are investigating positive COVID-19 determinations in a timely manner to identify any work-related factors and to identify close contacts.  This will protect employees, comply with Cal/OSHA requirements, and provide information that may be needed to in regards to the “disputable presumption” that exists in California for an employee who suffers illness or death resulting from COVID-19 on or after July 6, 2020 through January 1, 2023.

    COVID-19 related citations recently issued by Cal/OSHA included a failure to investigate about 20 COVID-19 illnesses and one death for a food manufacturer. Cal/OSHA’s news release highlighted that Cal/OSHA created guidance for many industries in multiple languages including videos, daily checklists and detailed guidelines on how to protect workers from the virus. This guidance is meant to provide a roadmap for employers on their existing obligations to protect workers from COVID-19.  If you don’t conduct required investigations, you will be placing your company at risk of being shut down through Cal/OSHA’s expanded authority to issue Orders Prohibiting Use for workplaces that pose a risks of an “imminent hazard” relating to COVID-19.

    1. Meet Requirements for Identifying and Notifying Potentially Affected Employees

    As part of the investigation, additional employee cases and close contacts (within six feet for fifteen minutes or more) should be identified in accordance with the regulations and guidance.  The facility will then need to conduct testing or alternative methods (e.g., contact tracing or quarantining) in consultation with the local health department to control the outbreak.

    All potentially exposed employees must be notified and employers must meet obligations regarding confidentiality of employees with suspected or confirmed COVID-19 infection as required by the Americans with Disabilities Act (“ADA”) and Health Insurance Portability and Accountability Act (“HIPAA”).

    1. Review and Update the Facility COVID-19 Plan to Apply Lessons Learned and Improve

    In the July 29, 2020 COVID-19 Guidance for agriculture and livestock, the state of California  recommended that each facility establish a written, workplace-specific COVID-19 prevention plan, perform a comprehensive risk assessment of all work areas and work tasks, and designate a person at each facility to implement the plan. The plan should include sanitation practices, physical distancing, individual control measures, screening, and other incidental practices to prevent the spread amongst workers. Upon completion of the incident investigation, the facility should update the plan as needed to prevent further cases.

    Conclusion

    COVID-19 presents unique challenges to processing plant managers responding to incidents because of the difficulty in determining the source of infection, agency notification and attention, contact tracing, employee notification, testing, control measures, and return to work. Like any incident, COVID-19 incident response should focus on:  (1) the immediate response by making required agency notifications and dealing with the immediate employee concerns including contact tracing; (2) the extended response by conducting an incident investigation; (3) compliance and prevention by conducting testing or implement isolation protocols; and (4) preparedness/lessons learned to improve by reviewing and updating the facility COVID-19 plan. Processing plant managers who work quickly and diligently to respond to a COVID-19 incident will reap the benefit of minimizing regulatory scrutiny protecting employees and comply with legal reporting and notification requirements. They should also regularly check local, state, and federal guidance to determine if there are new or revised investigation, reporting, or recording obligations triggered by a positive COVID-19.   – By Daniel J. Grucza & Shannon S. Broome

    Dan Grucza is Counsel with Hunton Andrews Kurth LLP. He regularly advises companies on health and safety issues and has been a speaker and author on COVID-19 response issues and is a lead member of the firm’s incident response practice.

    Shannon S. Broome is the Managing Partner of Hunton Andrews Kurth’s San Francisco office and leads its environmental practice in California.  She routinely advises clients on Cal/OSHA compliance issues and on major accident and other incident response for industrial facilities.

  • Five Steps for Ag Processors to Adapt their COVID-19 Incident Response Approach

    COVID-19 is a health crisis in the United States but major industries, like agriculture, chemical manufacturing, oil and gas exploration and production, all need to keep functioning as essential businesses in the midst of the crisis.  The response to COVID-19 has core parallels to major industrial accident response, which involves deploying the right resources for the task.  Every incident, be it a fire, explosion, or a government inspection and citation for regulatory compliance failures involves four key elements of response:  (1) the immediate response; (2) the extended response; (3) compliance and prevention; and (4) preparedness/lessons learned to improve.  This lifecycle of an incident applies equally to a COVID-19 contact among your employees or customers.  Make no mistake.  The stakes are high.  Recently, Cal/OSHA issued COVID-19 related citations to two companies of over $200,000 each, one to a frozen food manufacturer and the other to a temporary employment agency.  New legislation that becomes effective next year gives Cal/OSHA expanded authority to issue Orders Prohibiting Use for workplaces that pose risk of an “imminent hazard” relating to COVID-19.  In other words, they can shut your plant down if you don’t have the right procedures in place to respond to a COVID-19 incident.

    Processing plant managers are accustomed to incidents, such as injuries, agency inspections, or citations (hopefully not too frequently with respect to citations); applying the process in the context of COVID-19 can work extremely well, even where handling these situations requires adjustment for the particular crisis at hand.  In every crisis, the approach needs to be tailored, and COVID-19 incidents are no different.

    Examples of how a COVID-19 response needs to be tailored include determining work-relatedness to a positive test to COVID-19, identifying close contacts, identifying the agencies to whom notifications must be provided, and contact tracing for potentially exposed employees, testing, and implementing isolation protocols.  In the context of COVID-19, agriculture companies need to be keenly aware of increased Cal/OSHA oversight, as the agency has identified agricultural processing as a priority for enforcement because agricultural processing facility workers have been disproportionately impacted.

    When confronting a COVID-19 incident, follow these useful tips to help minimize liability and potential for citation by the government.

    1. Familiarize yourself with the Extensive Government Guidance Issued, Especially that Tailored to Your Industry

    There’s a saying in incident response:  your greatest exposure is not the incident itself but whether you follow the regulations for reporting and responding to the incident.  That’s true for a major chemical release from your operations and a COVID-19 incident, alike.  When the crisis emerged, several federal and state agencies provided guidance documents to companies on how to address potential cases of COVID-19.  Like the crisis, the guidance is evolving.  The government continues to update its approach and has even offered tailored to specific industries.  Following the agency guidance will put a facility in a much stronger compliance position when faced with a compliance inspection or determination of work-relatedness.

    Some key recent government guidance specific to the agricultural processing industry is listed below:

    • September 18, 2020, California Department of Public Health (CDPH) updated Guidelines intended for use by employers experiencing an outbreak of COVID-19 in their workplace.  It emphasizes that employers should be proactive and keep in mind that identification of even a single positive case among employees may quickly develop into an outbreak.
    • July 29, 2020, California COVID-19 Guidance for the agriculture and livestock industry to support a safe, clean environment for workers.  Recommendations include that an employer investigate any COVID-19 illness and determine if any work-related factors could have contributed to risk of infection;    identify close contacts (within six feet for fifteen minutes or more) of an infected worker and take steps to isolate COVID-19 positive worker(s) and close contacts; implement the necessary processes and protocols when a workplace has an outbreak, in accordance with the CDPH guidelines.
    • July 21, 2020, Cal/OSHA updated Guidance for the agriculture industry.  This provides:
    • COVID-19 Daily Checklist for Agricultural Employers
    • COVID-19 General Checklist for Agricultural Employers
    • Infection Prevention for Agricultural Employees and Employers
    1. Make Required Government Notifications

    Understand requirements for reporting employee cases to Cal/OSHA.  Any serious injury, illness, or death occurring in any place of employment or in connection with any employment must be reported by the employer to the local Cal/OSHA district office immediately.  For COVID-19, this includes inpatient hospitalizations and deaths among employees.

    On September 17, 2020, Governor Newsom also signed into law AB 685 which enhances reporting requirements to local health authorities in the event of a COVID-19 outbreak in the worksite.  The law takes effect on January 1, 2021.

    Employers should also check local guidance to determine if there are other investigation, reporting, or recording obligations triggered by a positive COVID-19 case.

    Finally, recognize that if an employee is out with COVID-19 or quarantined, other government obligations, like environmental reporting may fall by the wayside in their absence.  Develop a plan to ensure your ongoing government reporting obligations are being met, even those not COVID-19-related.  Having an employee out due to COVID-19 is likely not going to serve as an acceptable excuse for environmental noncompliance.

    1. Do the Investigation

    To comply with Cal/OSHA requirements, plant managers should ensure their companies are investigating positive COVID-19 determinations in a timely manner to identify any work-related factors and to identify close contacts.  This will protect employees, comply with Cal/OSHA requirements, and provide information that may be needed to in regards to the “disputable presumption” that exists in California for an employee who suffers illness or death resulting from COVID-19 on or after July 6, 2020 through January 1, 2023.

    COVID-19 related citations recently issued by Cal/OSHA included a failure to investigate about 20 COVID-19 illnesses and one death for a food manufacturer. Cal/OSHA’s news release highlighted that Cal/OSHA created guidance for many industries in multiple languages including videos, daily checklists and detailed guidelines on how to protect workers from the virus. This guidance is meant to provide a roadmap for employers on their existing obligations to protect workers from COVID-19.  If you don’t conduct required investigations, you will be placing your company at risk of being shut down through Cal/OSHA’s expanded authority to issue Orders Prohibiting Use for workplaces that pose a risks of an “imminent hazard” relating to COVID-19.

    1. Meet Requirements for Identifying and Notifying Potentially Affected Employees

    As part of the investigation, additional employee cases and close contacts (within six feet for fifteen minutes or more) should be identified in accordance with the regulations and guidance.  The facility will then need to conduct testing or alternative methods (e.g., contact tracing or quarantining) in consultation with the local health department to control the outbreak.

    All potentially exposed employees must be notified and employers must meet obligations regarding confidentiality of employees with suspected or confirmed COVID-19 infection as required by the Americans with Disabilities Act (“ADA”) and Health Insurance Portability and Accountability Act (“HIPAA”).

    1. Review and Update the Facility COVID-19 Plan to Apply Lessons Learned and Improve

    In the July 29, 2020 COVID-19 Guidance for agriculture and livestock, the state of California  recommended that each facility establish a written, workplace-specific COVID-19 prevention plan, perform a comprehensive risk assessment of all work areas and work tasks, and designate a person at each facility to implement the plan. The plan should include sanitation practices, physical distancing, individual control measures, screening, and other incidental practices to prevent the spread amongst workers. Upon completion of the incident investigation, the facility should update the plan as needed to prevent further cases.

    Conclusion

    COVID-19 presents unique challenges to processing plant managers responding to incidents because of the difficulty in determining the source of infection, agency notification and attention, contact tracing, employee notification, testing, control measures, and return to work. Like any incident, COVID-19 incident response should focus on:  (1) the immediate response by making required agency notifications and dealing with the immediate employee concerns including contact tracing; (2) the extended response by conducting an incident investigation; (3) compliance and prevention by conducting testing or implement isolation protocols; and (4) preparedness/lessons learned to improve by reviewing and updating the facility COVID-19 plan. Processing plant managers who work quickly and diligently to respond to a COVID-19 incident will reap the benefit of minimizing regulatory scrutiny protecting employees and comply with legal reporting and notification requirements. They should also regularly check local, state, and federal guidance to determine if there are new or revised investigation, reporting, or recording obligations triggered by a positive COVID-19.   – By Daniel J. Grucza & Shannon S. Broome

    Dan Grucza is Counsel with Hunton Andrews Kurth LLP. He regularly advises companies on health and safety issues and has been a speaker and author on COVID-19 response issues and is a lead member of the firm’s incident response practice.

    Shannon S. Broome is the Managing Partner of Hunton Andrews Kurth’s San Francisco office and leads its environmental practice in California.  She routinely advises clients on Cal/OSHA compliance issues and on major accident and other incident response for industrial facilities.

  • California Ag Leadership Foundation Announces New Leadership

    The California Agricultural Leadership Foundation (CALF) has announced the hiring of two individuals to its leadership team, Dwight Ferguson and Abby Taylor-Silva, to lead the organization which operates one of the foremost leadership development experiences in the United States, the California Agricultural Leadership Program (CALP).

    “I am excited to announce that we are cultivating a new way forward as we continue to provide the premier leadership program in the nation,” said CALF Board Chairman Michael Young. “By building a strong team to meet these challenging times, we can continue to grow leaders who make a difference.”

    Ferguson has been selected to serve as president and CEO of the foundation. His predecessor, Barry Bedwell, is retiring after more than four years as CALF’s president and over four decades in representing production agriculture in the state. Ferguson has spent 30 years in the produce and floral businesses, largely in senior leadership roles, at top industry companies. His most recent position was with Naturipe Farms in Salinas, Calif.

    “Dwight has a track-record of growing ag businesses and the teams needed to build them,” said Young. “He is a recognized industry leader who is known for his management, interpersonal and problem-solving skills.”

    Ferguson earned a bachelor’s degree in communications from Ohio University and a master’s degree in management from Aquinas College. He and his wife, Nancy, have two grown children.

    “I could not be happier joining Ag Leadership as president/CEO,” said Ferguson. “I believe in the mission and vision of the foundation and very much appreciate its history, culture and contributions made to California agriculture. I also recognize the excellent quality of its programs and look forward to working with all stakeholders, especially the board, alumni and staff, to build on CALF’s rich tradition of success.”

    Taylor-Silva will serve as the foundation’s executive vice president. She comes to the foundation after ten years as vice president of policy and communications for the Grower-Shipper Association of Central California (GSA), an agricultural trade association spanning the coastal region that includes Monterey, Santa Cruz, San Benito and Santa Clara counties.

    “We are extremely pleased to have Abby join our new leadership team,” said Young. “She is a true servant leader who will help move the foundation forward through these uncertain times.”

    Abby is a native of Monterey and San Benito counties and serves on the boards of the Salinas Rotary Club and the Community Foundation for Monterey County. She is a proud alumnae of the Ag Leadership Program’s Class 45.

    “I am delighted to join this team,” said Taylor-Silva. “The foundation made a distinctive and long-lasting impact on my personal and professional development, providing me with tools, perspective and an awareness-of-self that directly impacted my ability to effectively lead in various capacities. I look forward to the opportunity to build upon this extraordinary program, serve the foundation and support the next generation of California agricultural leaders.”

    The foundation’s board of directors recently welcomed Michael Young to serve as its new chairman. Young, an alumni of Class 35, is principal of Wegis & Young, a diversified farming operation which grows a variety of tree and row crops and manages agricultural property for individual and institutional investors.

    Three alumni of the program have been newly appointed to serve on the foundation’s board: Correen Davis (Class 45), Yissel Barajas (Class 40) and Paul Parreira (Class 44).

    “The addition of our new board members, along with our existing board, round out what is a dynamic leadership group that is reflective of the diverse nature of California agriculture,” said Young. “They, along with our new leadership team, will propel the foundation on a path of new horizons, positive growth and a sustainable future.”

  • Managing Root-Knot Nematodes in Crop Rotations

    A question came up about managing root-knot nematodes in processing tomato and lima bean rotations.  Root-knot nematodes are tiny worm-like soil dwelling pests that cause root galling on plant roots, resulting in significant yield and quality losses. Symptoms of severe root-knot infestations include patches of chlorotic, stunted, necrotic, or wilted plants. These nematodes also predispose plants to other soilborne pathogens that cause root rot and wilt diseases. For example, a bean variety resistant to infection by the Fusarium wilt pathogen will become susceptible to this disease if infected with root-knot nematodes.

    What is the link between nematodes in tomatoes and limas? Dr. Phil Roberts, Nematologist at UC Riverside shared the following response:

    There are several root-knot nematode species and they differ in their response to resistance in tomato and various bean crops. Most common in our Sacramento Valley area are Meloidogyne incognita and M. javanica. These nematodes are normally controlled by Mi-1 gene based resistant tomatoes, but there are resistance-breaking populations so that could be the reason for the infection on tomato (unless the tomatoes grown were not actually resistant). A further possibility is that the species is M. hapla, which is not controlled by the tomato resistance. M. hapla tends to induce smaller pearl-like galls on tomato roots and is not common in the Sacramento and northern San Joaquin Valleys.

    Root-knot Nematodes Causing Galling on Tomato Roots

    As to rotating with lima beans, limas are susceptible to these root-knot species but there are resistant varieties available. Beja Flor baby lima has strong root-knot resistance. It was bred to contain three resistance genes that do a good job of blocking M. incognita and M. javanica. It yields well with the caveat that Steve Temple (former UCCE legume specialist) used to remark that it is more Lygus bug susceptible than some varieties, so if a grower went with UC Beja Flor they would need to keep up on the Lygus management. UC Luna baby lima has no root knot resistance. Other lines carrying M. incognita (but not M. javanica) resistance are the large limas White Ventura N and UC92.

    If root-knot nematodes are present in a field with a history of Fusarium wilt, choose varieties that are resistant to root-knot nematodes as well as to the particular Fusarium wilt race present when possible. Another option is to rotate with root-knot nematode resistant cowpeas (blackeyes) instead of limas.  Based on host-range tests, some varieties of cowpea have more root-knot nematode resistance than tomato. For example, some root-knot nematode races are virulent and highly pathogenic to Mi-1 gene based resistant tomatoes but not to nematode resistant cowpeas. — By Rachael Freeman Long & Amber Vinchensi-Vahl, UC Cooperative Extension

  • Coronavirus Food Assistance Program Round II Begins Sept. 21 (What’s Included)

    President Donald J. Trump and U.S. Secretary of Agriculture Sonny Perdue today announced up to an additional $14 billion for agricultural producers who continue to face market disruptions and associated costs because of COVID-19. Signup for the Coronavirus Food Assistance Program (CFAP 2) will begin September 21 and run through December 11, 2020.

    “America’s agriculture communities are resilient, but still face many challenges due to the COVID-19 pandemic. President Trump is once again demonstrating his commitment to ensure America’s farmers and ranchers remain in business to produce the food, fuel, and fiber America needs to thrive,” said Secretary Perdue. “We listened to feedback received from farmers, ranchers and agricultural organizations about the impact of the pandemic on our nations’ farms and ranches, and we developed a program to better meet the needs of those impacted.”

    Background:

    The U.S. Department of Agriculture (USDA) will use funds being made available from the Commodity Credit Corporation (CCC) Charter Act and CARES Act to support row crops, livestock, specialty crops, dairy, aquaculture and many additional commodities. USDA has incorporated improvements in CFAP 2 based from stakeholder engagement and public feedback to better meet the needs of impacted farmers and ranchers.

    Producers can apply for CFAP 2 at USDA’s Farm Service Agency (FSA) county offices. This program provides financial assistance that gives producers the ability to absorb increased marketing costs associated with the COVID-19 pandemic. Producers will be compensated for ongoing market disruptions and assisted with the associated marketing costs.

    CFAP 2 payments will be made for three categories of commodities – Price Trigger Commodities, Flat-rate Crops and Sales Commodities.

    Price Trigger Commodities

    Price trigger commodities are major commodities that meet a minimum 5-percent price decline over a specified period of time. Eligible price trigger crops include barley, corn, sorghum, soybeans, sunflowers, upland cotton, and all classes of wheat. Payments will be based on 2020 planted acres of the crop, excluding prevented planting and experimental acres. Payments for price trigger crops will be the greater of: 1) the eligible acres multiplied by a payment rate of $15 per acre; or 2) the eligible acres multiplied by a nationwide crop marketing percentage, multiplied by a crop-specific payment rate, and then by the producer’s weighted 2020 Actual Production History (APH) approved yield. If the APH is not available, 85 percent of the 2019 Agriculture Risk Coverage-County Option (ARC-CO) benchmark yield for that crop will be used.

    For broilers and eggs, payments will be based on 75 percent of the producers’ 2019 production.

    Dairy (cow’s milk) payments will be based on actual milk production from April 1 to Aug. 31, 2020. The milk production for Sept. 1, 2020, to Dec. 31, 2020, will be estimated by FSA.

    Eligible beef cattle, hogs and pigs, and lambs and sheep payments will be based on the maximum owned inventory of eligible livestock, excluding breeding stock, on a date selected by the producer, between Apr. 16, 2020, and Aug. 31, 2020.

    Flat-rate Crops

    Crops that either do not meet the 5-percent price decline trigger or do not have data available to calculate a price change will have payments calculated based on eligible 2020 acres multiplied by $15 per acre. These crops include alfalfa, extra long staple (ELS) cotton, oats, peanuts, rice, hemp, millet, mustard, safflower, sesame, triticale, rapeseed, and several others.

    Sales Commodities

    Sales commodities include specialty crops; aquaculture; nursery crops and floriculture; other commodities not included in the price trigger and flat-rate categories, including tobacco; goat milk; mink (including pelts); mohair; wool; and other livestock (excluding breeding stock) not included under the price trigger category that were grown for food, fiber, fur, or feathers. Payment calculations will use a sales-based approach, where producers are paid based on five payment gradations associated with their 2019 sales.

    Additional commodities are eligible in CFAP 2 that weren’t eligible in the first iteration of the program. If your agricultural operation has been impacted by the pandemic since April 2020, we encourage you to apply for CFAP 2. A complete list of eligible commodities, payment rates and calculations can be found on farmers.gov/cfap.

    Eligibility

    There is a payment limitation of $250,000 per person or entity for all commodities combined. Applicants who are corporations, limited liability companies, limited partnerships may qualify for additional payment limits when members actively provide personal labor or personal management for the farming operation. In addition, this special payment limitation provision has been expanded to include trusts and estates for both CFAP 1 and 2.

    Producers will also have to certify they meet the Adjusted Gross Income limitation of $900,000 unless at least 75 percent or more of their income is derived from farming, ranching or forestry-related activities. Producers must also be in compliance with Highly Erodible Land and Wetland Conservation provisions.

    Applying for Assistance

    Producers can apply for assistance beginning Sept. 21, 2020. Applications will be accepted through Dec. 11, 2020.

    Additional information and application forms can be found at farmers.gov/cfap. Documentation to support the producer’s application and certification may be requested. All other eligibility forms, such as those related to adjusted gross income and payment information, can be downloaded from farmers.gov/cfap/apply. For existing FSA customers, including those who participated in CFAP 1, many documents are likely already on file. Producers should check with FSA county office to see if any of the forms need to be updated.

    Customers seeking one-on-one support with the CFAP 2 application process can call 877-508-8364 to speak directly with a USDA employee ready to offer assistance. This is a recommended first step before a producer engages with the team at the FSA county office.

    All USDA Service Centers are open for business, including some that are open to visitors to conduct business in person by appointment only. All Service Center visitors wishing to conduct business with FSA, Natural Resources Conservation Service or any other Service Center agency should call ahead and schedule an appointment. Service Centers that are open for appointments will pre-screen visitors based on health concerns or recent travel, and visitors must adhere to social distancing guidelines. Visitors are also required to wear a face covering during their appointment. Our program delivery staff will be in the office, and they will be working with our producers in the office, by phone and using online tools. More information can be found at farmers.gov/coronavirus.