The California Department of Food and Agriculture (CDFA) is currently accepting proposals for its Request for Proposal for a contractor to serve as the Riverside County grower liaison. Proposals must be received by Nov. 18. Responsibilities may include conducting outreach directly to growers in Riverside County, providing them up-to-date information on the latest industry news or updates, staying engaged in CDFA activities, communicating voluntary or mandatory treatments Riverside County and more.
The battle to save California citrus from the Asian citrus psyllid (ACP) and Huanglongbing (HLB) is a collaborative effort that involves local, county, state and federal officials, researchers, scientists and commercial citrus growers. To help facilitate pest management and disease eradication, grower liaisons are key pieces to that puzzle and are dedicated to serving a specific region in the fight against HLB.
This position requires a fundamental knowledge of citrus production, a working knowledge of grove operations, and the relationship between growers, shippers and allied businesses that work in the area of pest and disease control. A Pest Control Advisor’s license is desirable, but not required. The contractor should be familiar with California agriculture and specifically its citrus industry. Knowledge of the ACP and HLB is desirable.
To submit a bid for the contract, you must follow these steps:
Visit ca.gov, if you do not have a profile you must register for one in order to view the Request for Proposal (RFP).
Under “Search Events,” type in “Asian Citrus Psyllid Outreach and Education.”
Once on the Events Details page, click “View Event Package,” then under the “View Attachments” area, click “view” to download the official Request for Proposal. Once there, you should be able to view the full RFP and Start a Bid if you meet the qualifications. Please note, you must have a profile and be logged in to view the RFP.
Proposals are due to CDFA by Nov. 18 at 2 p.m. The term of this contract is Dec. 1, 2020 or upon final signature, whichever is later, through Nov. 30, 2022.
Dr. Timothy Artlip, a Plant Physiologist with the USDA-ARS Appalachian Fruit Research Station in Kearneysville, WV, was recently interviewed in the USDA-ARS Under the Microscope publication regarding the future of apple breeding. His work encapsulates efforts to improve the breeding and cultivating of apples through genomics research, and he is bullish about the future. Read the following Q&As from the Under the Microscope (UM):
UM — What are ancient apples and how do they differ from wild apples?
TA — Ancient apples are really just old or antique apple varieties that are no longer grown commercially. Sometimes, these older apples fell out of favor because newer varieties held more appeal to consumers due to appearance, taste, sweet/tart balance or mealiness.
Wild apples, as we define them, are really different species of apples, some of which are actually the ancestor(s) of modern varieties.
UM — Where did the idea of looking into wild apple genes come from?
TA — Plant breeders often look to wild or ancestor species or locally cultivated plants as sources of resistance to diseases or harsh environmental conditions that modern varieties don’t have. In many cases, the genes for such resistance was bred out as a consequence of favoring desirable traits such as flavor, appearance, or some other trait. Potato is a great example. Wild potatoes found in the Andes are usually small and bitter; the bitterness is a sign that insects won’t eat them or of disease resistance. Now potato breeders are trying to reintroduce those types of qualities into modern varieties because of evolving insect and disease pressures.
Modern apples (top row) vs. wild apple species (bottom rows). Wild apples are generally too small for commercial consumption but can still be valuable for apple breeders. (Photo courtesy of Dr. Timothy Artlip)
UM — What are the differences between ancient or wild apples and the commercial apples we find in grocery stores?
TA — Wild apples tend to have small fruits on the order of crab apples, so they’re generally not suitable for consumers. They may not have the appearance or flavor qualities that consumers prefer. A similar situation exists for many old or antique apple varieties that have fallen out of favor. They may be small. They may look “ugly” even under the best growing conditions. They may not keep well in common storage or their flavors and mouthfeel (mealiness) may not be suitable either.
UM — Are there certain types of wild apples that breeders look for and use?
TA — Yes! The main ancestor of modern apples grows throughout central Asia in countries like Kazakhstan in a variety of local conditions, ranging from rather arid to high altitude to having high disease pressure. Other apple species have specific disease resistance or traits that modern apples generally lack
UM — Are ancient or wild apples good for picking and eating, or just breeding?
TA — It depends. Some of the wild apples have fruit that approach commercial size and are edible. Many of the old or antique varieties are very tasty. For example, “Ashmead’s Kernel” was a dessert variety that George Washington would have served to his guests at Mount Vernon. There are also old or antique varieties that were specially bred for cider making that are inedible. With the resurgence in hard cider production, these varieties are especially prized for making a beverage as complex as a quality wine.
UM — What traits do apple researchers and growers specifically breed for?
TA — Besides all the fruit qualities that I’ve mentioned, resistance to diseases, insect pests, and harsh environmental conditions (high/low temperature, too much/too little water) are very important. Growers also look for “friendly” trees that bear fruit within 2 or 3 years after planting, are productive, aren’t biennial (more bloom and fruit on alternate years) or self-thin (too many apples end up being too small, so growers have to chemically or mechanically reduce bloom or very young fruit), growth habit (branching, height) and how well the trees take to modern growing practices.
Forests of wild Malus sierversii in the mountains of Kazakhstan. (Photo courtesy of Dr. Gayle Volk)
UM — How have advancements in technology and genetic sequencing helped apple breeders?
TA — Genetic sequencing has given us a fairly complete accounting of the genome (“instruction manual”) for apples. Moreover, this knowledge along with standard breeding techniques allows us to know what genes are responsible for fruit quality traits such as skin color, sweet/tart balance, and mealiness. Now, breeders can make crosses, isolate DNA from young leaves of offspring, and quickly know whether the seedling will have some/most/all of the desirable traits.
This genomic knowledge has been coupled with “rapid cycle breeding,” where we use a modified variety that blooms within a year after planting and continues to bloom throughout the year in a greenhouse. The cycle can be repeated, reducing the time for creating a consumer and grower desired variety from 15 or 20 years down to 5. This also allows us to respond more quickly to evolving disease, insect, and environmental pressures by breeding better adapted varieties that have the fruit qualities that consumers want.
UM — What challenges are there to using wild apples to cultivate new ones?
TA — As I mentioned with the potato examples, they may have desirable traits, but undesirable traits frequently end up in offspring as well. This requires multiple rounds of breeding to keep what is wanted and discard the rejects.
Years and years of breeding coupled with many acres and the expense of maintaining the trees is not a good economic model. By combining the genetic sequencing and “rapid cycle breeding,” we can introduce those traits we want into commercial varieties much more quickly, with reduced time, land, and inputs.
These wild apples are tough enough to survive erratic conditions like spring snows. This makes them valuable for breeding. (Photo courtesy of Dr. Gayle Volk)
UM — How will breeding traits from wild apples into new apple cultivars benefit growers and consumers?
TA — Consumers have shown a preference for fewer inputs, such as pesticides. Wild apples may have resistance to diseases and pests, thus reducing the need for pesticides. Our group, along with national and international collaborators, recently was able to introduce resistance from wild apples to a disease called Blue Mold that afflicts apples after harvesting. This should reduce fruit losses that can frustrate growers, grocery stores, and consumers. Such efforts are underway with resistance to other diseases as well.
UM — You have mentioned that you and your team have studied how apple trees respond to low temperatures in spring and winter. Is it possible for us to develop an apple variety that will have increased resilience against stresses brought about by climate change?
TA — I firmly believe this. Two climate related problems have emerged. First, protracted warm autumn temperatures followed by sharp temperature drops, may lead to trees unprepared for snow or freezing temperatures. This can lead to broken limbs, freezing damage, or tree death.
Secondly, we frequently see warm spells in late winter or early spring that fool trees into breaking bud or blooming, followed by frosts or visits by the polar vortex. This can result in dead flowers, thus reducing yield or even killing trees. By having the apple genome, scientists across the globe are gaining a better understanding of the interplay of genes involved in stress resistance and dormancy.
UM — What do you predict as the next step in apple breeding?
TA — I think the new genome editing tools, coupled with “rapid cycle breeding,” will gain more acceptance and allow us to more quickly respond to changes or even anticipate them. It really is an exciting time in not only apples but plant breeding in general.
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.
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.
The total cherry production forecast in Turkey in Marketing Year (MY) 2020/21 is 918,000 metric tons (MT), which is 72,000 MT more than MY 2019/20. The peach and nectarine production forecast for MY 2020/21 is 870,000 MT, 40,000 MT more than MY 2019/20. Stone fruit exports are increasing due to abundant production and strong demand from the Russian and EU markets. Turkey aims to improve its exports of fresh sweet cherries to China. Read the full report from the USDA Foreign Agricultural Service, covering cherries, peaches, and nectarines, HERE.
California Avocado Commission— In early September much of California experienced excessive heat, including many avocado growing regions. A few growing areas reported sustained temperatures of around 120 degrees. Understandably, due to this extreme heat some trees are experiencing severe damage. The California Avocado Commission immediately contacted the United States Department of Agriculture’s Farm Service Agency (FSA) to pursue possible funding for growers under the Tree Assistance Program (TAP).
Under the TAP, “To be considered an eligible loss: Eligible trees, bushes, or vines must have suffered more than a 15 percent mortality loss in a stand (adjusted for normal mortality) due to an eligible natural disaster.” Here is a TAP Fact Sheet.
However, FSA has ruled “heat” is not an eligible event under the TAP program. In 2016, when a similar heat event occurred resulting in California avocado tree damage, the Commission was successful in getting FSA to include heat-related damage. Considering that FSA currently lists “freeze” (an extreme low temperature event) as a TAP-eligible event, there seems to be no basis to exclude extreme high temperature events.
The Commission is once again strongly advocating with FSA for the inclusion of “heat” as an eligible natural disaster and therefore inclusion in the TAP. As the Commission continues to pursue eligibility for the recent heat event, FSA is asking growers to submit their TAP application if they believe they have suffered the minimum threshold of damage. At this point, pending the FSA final determination, the applications will be rejected. Growers must then ask for an appeal.
While submitting a TAP application now —knowing it will initially be rejected — is not ideal, there is a 90-day timeline that must be adhered to for any future ruling on eligibility. According to TAP growers must apply “within 90 calendar days of the disaster event; or the date when the loss is apparent to the producer.” Thus, in order to ensure growers meet the 90-day rule, they should apply for TAP now while the Commission continues to advocate for the inclusion of “heat” as an eligible event. If growers do not apply within the prescribed 90 days of the heat event or appearance of loss, they will not be eligible for TAP in the event FSA rules in our favor.
If you believe your grove may meet the 15% mortality loss, you are encouraged to apply. The Commission will continue to work with FSA and keep you posted as additional information becomes available.
Applications can be submitted to your local FSA office as follows:
Ventura, Santa Barbara, and San Luis Obispo Counties: Santa Barbara County Farm Service Agency Brenda Estrada, County Executive Director 920 E Stowell Rd., Santa Maria, CA 93454-7008 (805) 928-9269; (844) 206-7010 Fax Brenda.Estrada@ca.usda.gov
Riverside, San Diego Counties: Riverside County Farm Service Agency 81077 Indio Blvd. Ste. A, Indio, CA 92201 (760) 347-3675; (844) 206-6978 Fax Desiree.Garza@usda.gov
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.
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.
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.
If possible, use ACP effective materials when treating other pests, following label instructions.
Follow the requirements when moving bulk harvested citrus.
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
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.
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.
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.
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 Guidancefor 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 Guidancefor 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
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.
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.
Meet Requirements forIdentifying 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”).
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.
A quarantine expansion has been declared following the detection of the citrus disease Huanglongbing (HLB), or citrus greening, in five residential citrus trees located in Rancho Cucamonga. This is the first time the disease has been confirmed in Ranch Cucamonga, marking the fifth city in San Bernardino County to have had a positive detection of HLB. The California Department of Food and Agriculture (CDFA) is working with the United States Department of Agriculture (USDA) and San Bernardino County to remove the HLB-infected tree and prevent the spread of HLB into neighboring areas.
The expanded quarantine area will merge with the existing quarantines in San Bernardino and Los Angeles Counties. The expanded portion is bordered on the north by Big Tree Cucamonga; on the west by Pauda Avenue in Claremont and Mount Baldy Road; on the east by Interstate 15; and on the south by Foothill Boulevard and Interstate 10 in San Bernardino County.
The updated HLB quarantine maps for San Bernardino and Los Angeles counties are available online. Please check this link for future quarantine expansions in these counties, should they occur.
The quarantine prohibits the movement of all plant parts or citrus nursery stock out of the quarantine area. Provisions exist to allow the movement of commercially cleaned and packed citrus fruit. If you are a grower within the new quarantine expansion area, please contact CDFA’s emergency quarantine response program at 916-654-0312 for information on these provisions.
Fruit that is not commercially cleaned and packed, including residential citrus, such as oranges, lemons, grapefruits and kumquats, must not be moved from the property on which it is grown, although it may be processed (removal of stems and leaves, and a thorough washing) and/or consumed on the premises.
Residents are urged to take several steps to help protect citrus trees:
Do not move citrus plants, leaves, or foliage into or out of the quarantine area or across state or international borders. Keep it local.
Cooperate with agricultural officials placing traps, inspecting trees, and treating for the pest.
If you no longer wish to care for your citrus tree, consider removing it so it does not become a host to the pest and disease.
CDFA staff have scheduled removal of the infected tree and are in the midst of a treatment program for citrus trees within 250-meters of the find site. By taking this action, a critical reservoir of the disease and its vectors will be removed, which is essential to protect other citrus trees on the property, neighbors’ trees and the community’s citrus from this deadly disease. CDFA, in partnership with USDA, local county agricultural commissioners and the citrus industry, continue to pursue a strategy of controlling the spread of the Asian citrus psyllids while researchers work to find a cure for HLB.
Questions? If you are a citrus grower in San Bernardino County and have questions about this detection, please contact your grower liaison Sandra Zwaal at szwaal2@gmail.com.