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Conveyor Currents                                 April 27, 2012
Upcoming Dates
                  

2012


May 16-17, 2012,  California Animal Nutrition Conference ~ Radison Hotel & Conference Center, Fresno, CA

June 20, 2012,  CGFA Southern San Joaquin Valley District Meeting and Golf Tournament at Eagle Springs Golf Course

2013

January 16-17, 2013   Grain & Feed Industry Conference, Embassy Suites, Monterey, CA

April 24-27, 2013  CGFA Annual Convention ~ The Hyatt Regency, Huntington Beach, CA

2014

January 15-16, 2014   Grain & Feed Industry Conference, Embassy Suites, Monterey, CA

April 23-26, 2014  CGFA Annual Convention ~ The Sheraton Resort, Maui, HI 

Quick Links
 
California
 Grain & Feed Assn.
      www.cgfa.org
 
California Dept. of Food & Ag 
   www.cdfa.ca.gov
 
U.S. Dept. of Food & Ag
    www.usda.gov
 
 
In This Issue
Update from USDA Regarding a Detection of Bovine Spongiform Encephalopathy (BSE)
AFIA Update on Forth Case of Bovine Spongiform Encephalopathy
Senate Ag Committee Advances Farm Bill
California Supreme Court Rules Favorable on Meal and Rest Litigation
Water Board Reform Bills Move Through Key Committees
Agriculture Bill Is Endorsed by Senate Appropriations
CGFA District Meeting
nalyst Predicts State Budget Gap
CGFA Legislative Report
Safety Corner
Labor Commissioner Releases Updated Wage Notice and FAQ
Update from USDA Regarding a Detection of Bovine Spongiform Encephalopathy (BSE) in the United States

USDA and FDA Continue to Assure Consumers That Existing Safeguards Protect Food Supply; Reiterates Safety of Consuming Beef and Dairy Products

 

WASHINGTON, April 26, 2012 - USDA's Animal and Plant Health Inspection Service today released the following update on the BSE detection announced earlier this week:

 

On April 24, USDA confirmed the nation's 4th case of Bovine Spongiform Encephalopathy (BSE) in an animal that was sampled for the disease at a rendering facility in central California. This animal was never presented for slaughter for human consumption, so at no time presented a risk to the food supply, or to human health in the United States. As the epidemiological investigation has progressed, USDA has continued to communicate findings in a timely and transparent manner.  As a result of USDA's ongoing epidemiological investigation, more information about the history and age of the animal is now available.

 

The animal in question was 10 years and 7 months old and came from a dairy farm in Tulare County, Calif. The animal was humanely euthanized after it developed lameness and became recumbent. The animal's carcass will be destroyed.  It is important to reiterate that this animal was never presented for slaughter for human consumption, did not enter food supply channels, and at no time presented any risk to human health.

USDA is continuing its epidemiological investigation and will provide additional information as it is available.

 

The positive animal was tested as part of targeted BSE surveillance at rendering facilities. Samples were sent to the California Animal Health and Food Safety Laboratory for testing and forwarded to the National Veterinary Services Laboratories (NVSL) on April 20th for confirmatory testing. APHIS announced the confirmed positive finding April 24th.

 

The United States has a longstanding system of three interlocking safeguards against BSE that protects public and animal health in the United States, the most important of which is the removal of specified risk materials - or the parts of an animal that would contain BSE should an animal have the disease - from all animals presented for slaughter in the United States. The second safeguard is a strong feed ban that protects cattle from the disease. The third safeguard-which led to this detection- is our ongoing BSE surveillance program that allows USDA to detect the disease if it exists at very low levels in the U.S. cattle population and provides assurances to consumers and our international trading partners that the interlocking system of safeguards in place to prevent BSE are working.


AFIA Update on Forth Case of Bovine Spongiform Encephalopathy

On April 24, the U.S. Department of Agriculture (USDA) publicly confirmed the nation's fourth case of bovine spongiform encephalopathy (BSE) in a 10-year, 7-month-old cow from a dairy farm in Tulare County, Calif.
 
Dr. John Clifford, USDA's Chief Veterinary Officer, described the case as "atypical," meaning the animal did not contract BSE from contaminated feed or feed ingredients, but was rather was the result of a random mutation.  There are two important items to emphasize - first the targeted surveillance system is working and secondly the meat supply is safe.  
 
In addition, it is important to note the mammalian feed ban continues to work very well. In the most recent report from the Food and Drug Administration's Center for Veterinary Medicine (CVM) in February of 2012, FDA data shows firms continue to demonstrate over 99 percent compliance with the mammalian feed ban. As of January 28, 2012, FDA had conducted over 93,000 inspection beginning in 1997. 
 
At the time of publication, Indonesia had suspended U.S. beef imports. Korea tightened quarantine checks among the emergency measures it implemented, but said an embargo was unlikely. Japan, EU, Mexico, Canada and Taiwan are not expected to implement additional import security measures. 
 
AFIA is monitoring media reports and responding to media inquiries as appropriate.  
 
More information from FDA on the Ruminant Feed Ban . More BSE information from USDA 
 
If you have more questions on this issue, please contact Richard Sellers, AFIA's vice president of nutrition and feed regulation at (703) 558-3569 or Leah Wilkinson, AFIA's director of ingredients and state legislative affairs at (703) 558-3560.  
 
Background on the Ruminant Feed Ban: 
 
FDA implemented a final rule prohibiting the use of most mammalian protein in feeds for ruminant animals. This rule, Title 21 Part 589.2000 of the Code of Federal Regulations, here called the Ruminant Feed Ban, became effective on August 4, 1997. A second rule, Title 21 Part 589.2001 of the Code of Federal Regulations, here called the Enhanced Feed Ban, became effective on April 27, 2009. This rule prohibits the use of certain cattle-derived materials in all animal feed. The BSE inspection report form has been revised and is being used for determining compliance with both the ruminant feed ban and the enhanced feed ban.  
(Source:  American Feed Industry Association  AFIA) 
   

Senate Ag Committee Advances Farm Bill; House Ag Holds Hearings

This week, the Senate Committee on Agriculture, Nutrition and Forestry passed legislation to reauthorize and overhaul farm, conservation and nutrition programs through fiscal 2017 while cutting spending by $24.7 billion over the next 10 years. The vote, including proxy votes, was 16-5. The amended draft measure would end direct payments to grain and cotton growers and would replace those subsidy programs with a revenue protection plan that would offer "shallow loss" coverage for farmers who experience price and crop yield losses. The measure would consolidate a variety of conservation programs to save $6 billion over a decade. As amended, it would provide $800 million in mandatory funding to continue a variety of energy programs that were re-authorized by the original draft bill with no mandatory funding.  

 

The future of the Senate bill is still unclear.  Senate Majority Leader Harry Reid (D, NV) has told Ag Committee Chair Debbie Stabenow (D, MI) if she were able to pass a bipartisan bill out of committee he would make floor time for consideration.  However, southern and plains states Senators are still unhappy about how rice, cotton, peanuts and wheat fared in the bill.  Stabenow repeatedly pledged to try to address the concerns of rice and peanut growers. The bill abolishes the $5 billion in annual direct payments to farmers and landowners and replaces the direct payment program with the new Agriculture Risk Coverage program, which is designed to cover drops in revenue, and a special insurance program for cotton. Also eliminated is a counter-cyclical program created in 2002 to provide subsidies when commodity prices fall below target levels. Rice growers wanted that program continued if they couldn't keep their direct payments. Under the bill, they would have neither option.

Senator Kirsten Gillibrand (D, NY) objected to the bill because of cuts to nutrition programs, and she also raised concerns about a new program designed to protect revenue of dairy farmers. She said small-scale farms can't afford the payments the program requires.

 

Before the final vote, the Committee amended the bill to add $800 million in mandatory funding to programs in the energy title, including loan guarantees for biorefineries and subsidies for biofuel feedstocks and rural energy projects. The Congressional Budget Office had estimated the bill would save $24.7 billion over 10 years prior to the aforementioned Committee amendment.


 

California Supreme Court Rules Favorable on Meal and Rest Litigation Recently the California 

Supreme Court issued its highly anticipated decision in Brinker v. Superior Court, answering some of the most litigated issues in connection with California's meal break requirements. The most important issue decided by the court is whether employers are required to provide non-exempt employees the opportunity to take a 30-minute meal break, or whether employers must ensure that employees comply and perform no work for a full 30-minute period. The court held that an employer satisfies its obligations if it "relieves its employees of all duty, relinquishes control over their activities and permits them a reasonable opportunity to take an uninterrupted 30-minute break, and does not impede or discourage them from doing so." The court specifically held that "an employer must relieve the employee of all duty for the designated period, but need not ensure that the employee does not work." More than three years in the making, the case represents a generally favorable result for employers and provides much needed certainty in California wage & hour law.

 

Water Board Reform Bills Move Through Key Committees

Two bills that focus on reforming the State and Regional water boards moved through the key water committees this week. AB 1063 (Alejo) which would align ex parte communications with regional and state water boards more closely with other state agencies such as the Coastal Commission passed the Assembly Water Parks and Wildlife Committee. Dennis Albiani, testifying on behalf of the association, discussed the challenge that farmers, processors and other key stakeholders have in communicating very complex issues to the boards, through staff only communications. SB 965 (Wright) also passed the Senate Environmental Quality Committee with some amendments. Both of these bills will help facilitate communication with board members and allow the members to seek answers directly from stakeholders which currently is barred. The association is working aggressively to get these reforms enacted.

 

Agriculture Bill Is Endorsed by Senate Appropriations
 

The Senate Appropriations Committee on Thursday approved a draft fiscal 2013 spending bill by a vote of 28-1 with Sen. Ron Johnson (R, WI) casting the only dissenting vote. The measure would provide $20.8 billion in discretionary spending for USDA, FDA and related programs.

 

Agriculture Subcommittee Chairman Herb Kohl (D, WI) said the increase from fiscal 2012 is due to two anomalies: an increase in food costs that has driven up food assistance expenses and a lack of farm bill savings that were previously available. The measure, which skipped subcommittee consideration, would provide $2.5 billion for the Food and Drug Administration (FDA), roughly the same as in fiscal 2012.

 

The figure is $50 million less than the amount requested by the Obama administration and $1.2 billion more than the level enacted in fiscal 2012, without counting fiscal 2012 disaster funding. The bill:

  • Includes an increase of $12.5 million to implement the 2011 food safety overhaul but does not include several proposed new FDA user fees that have not yet been authorized.
  • Provides $7 billion for food assistance under the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), $422 million more than in fiscal 2012.
  • Provides $1 billion for the Food Safety and Inspection Service and $1.5 billion for foreign food assistance under the Food for Peace program.
  • Provides $1.2 billion for the National Institute on Food and Agriculture and $1.1 billion for the Agricultural Research Service. The funding level is below the administration's budget request, but the panel placed additional emphasis on the Agriculture and Food Research Initiative, which would receive $298 million.
  • Provides $2.3 billion for rural development and $828 million for the Natural Resources Conservation Service. It would provide $1.2 billion for salaries and expenses for the Farm Service Agency and $411 million for farm loan programs.

The panel also gave unanimous consent approval to a manager's package including policy language recommendations from several senators.

 

CGFA District Meeting - June 20th

Please join California Grain & Feed Association on Wednesday, June 20, 2012 at the Eagle Springs Golf & Country Club in Friant - located right next to Table Mountain Casino for the Northern/Southern San Joaquin Valle /Sacramento Valley/South Bay District Meeting and Golf Tournament.

 

Registration will begin at 12:00 noon for a1:00pm shotgun start.A dinner and prize ceremony will follow at approximately 6:00 pm.Cost: $100 per player includes golf,cart, range balls, dinner and prizes. All   skill levels are welcome to attend. CGFA staff will give you a short update on the association activities during dinner.  Return your registration by June 15,2012.  

 

QUESTIONS? Call us at (916) 441-2272 or email Donna Boggs dboggs@cgfa.org or John Kauffmann  jkauffmann@heiskell.com. 

 

Click here for registration form...

 

State Tax Revenues $2 Billion Below Estimates

 

With state revenues slowing to a trickle as the end of April draws near, the state's top fiscal analyst said late Wednesday that California could be "a few billion dollars" shy of Gov. Jerry Brown's budget projections through June 2013. The nonpartisan Legislative Analyst's Office said total personal income tax collections would likely be more than $2 billion below Brown's expectation of $9.4 billion for the month. Because the state was already running behind, it would mean PIT revenues would be $3 billion shy for the fiscal year compared to Brown's updated January projections.

 

Corporate taxes are also likely to trail Brown's forecast by about $450 million for the fiscal year so far, according to LAO. Unless sales taxes are robust, that means the state would be about $3.5 billion behind for this fiscal year, and likely a "few billion dollars" through the budget cycle that ends in June 2013, the Analyst's Office estimates. Brown pegged the state's deficit at $9.2 billion through that month, and he suggested last week that the problem might be $1 billion or $2 billion worse than previously stated.

 

This will put pressure on all fee programs and to cut general fund programs such as pest prevention and eradication and animal diagnostic labs. The association will continue to fight to protect special fund programs from a budget raid and retain a strong plant and animal protection program at CDFA.



Read more here....

 

CGFA Legislative Report
by: CGFA Lobbyist, Dennis Albiani

CGFA sponsored and Co sponsored bills:

 

SB 592 (Harman) Dairy Lien Law - CGFA has undertaken a two year effort to update, revise and modernize the Dairy Feed Lien Law. SB 592 is the result of that effort. We have been working closely with the Dairy Farmers and their trade associations WUD and Farm Bureau, the California Bankers Association, the California Dairy Creameries and the appropriate legislators and staff to develop a proposal that will give feed companies the tools they need to collect on defaulted accounts. This bill will be amended in the coming weeks and moved through the Assembly.  

 

AB 2378 (Huber) Cosponsored with Pacific Coast Rendering Association this legislation will increase penalties for repeat offenders who steal inedible kitchen grease.

 

Labor - There are many challenging labor bills and CGFA is working closely with other agricultural groups to in coalitions to oppose the following bills:

 

AB 2346 (Butler) This bill would greatly expand the heat stress requirements on employers, create joint liability for heat stress violations, provide trial attorneys a private right of action to sue employers.  

 

AB 1313 (Allen) Overtime for Agricultural Field Workers - This measure would require agricultural employers to pay overtime for any employee who works more than 8 hours a day or 40 hours in a work week.

AB 1439 (Alejo) Indexes the minimum wage to the consumer Price index. The following bill takes a novel and unique approach to ag employment and immigration. The association is working with other groups and is supporting this legislation.  AB 1544 (M. Perez) This measure would create a state run "Ag Jobs and Industry Stabilization Act" that would authorize the state to work with the federal government under their existing authority to declare the ag industry is "underserved" and allow the state to issue work permits to undocumented workers for California Agriculture. This is a novel approach to provide a more "legal" work force for agriculture. 

Theft of agricultural materials and implements as well as Inedible kitchen grease has been increasing as commodity prices have skyrocketed. Legislators have taken notice and traduced a host of laws governing this area including our cosponsored bill  

 

AB 2378 (Huber) increase fines for theft and illegal transportation of Inedible Kitchen Grease  

 

AB 1971 (Buchanan) AB 2003 (Torres) and AB 2105 (Grove) all increase requirements or regulations on junk dealers or recyclers to address theft.  

 

SB 1387 (Emmerson) would increase penalties for theft of man hole covers and back flow devices.  

 

Water - There is much Happening this year on water. The Bay Delta Plan which is the comprehensive plan to construct a facility to convey water around the delta as well as develop a plan for habiat restoration will be out early this summer. This will lead to much discussion on how we meet the state's water needs for the next 50 years.

 A group of delta interests have sponsored a package of bills that attempt to derail the Bay Delta Plan and the conveyance facilities.  AB 2000 (Huber) Prohibits the construction of a peripheral canal unless expressly authorized by the Legislature. Died in Committee. Assembly member Berryhill is considering introducing a similar bill this year. AB 685 (Eng) Would declare as state policy that every human being has a right to clean affordable water for cooking and sanitary purposes. The bill requires every state agency to consider the policy when making decisions. This bill is held in Senate Appropriations Committee and could be available for vote anytime.  AB 2421 (Berryhill) This bill would require the Legislative Analysts Office to complete an economic feasibility study on the peripheral canal prior to it being constructed. 

AB 2423 (Berryhill) This measure requires the Delta Stewardship Council to develop, adopt, and commence a comprehensive Delta Plan.

Water Quality and the Regional Water Quality Control Boards - for those of you on the Central Coast, this year there was a very controversial decision by the Regional Board. This highlighted the dysfunction of these boards. There is much discussion on Regional Board reform:

 

SB 900 (Steinberg) Addresses the make up and conflict of interest provisions for the Regional Water Quality Control Boards as well as shrink the number of board members from 9 to 7, reduce number of boards. This bill is sponsored by agriculture but is being negotiated with the Governor's office who is showing significant interest in the issue.  

 

SB 964 and SB 965 (Wright) AB 2063 (Alejo) all three of these bills are intended to address regulatory reform at the regional water quality control board. Specifically the measures address ex parte communication with board members, align the conflict of interest provisions and address the adoption of regulation process.  

 

SB 1146 (Pavley) Requires the Department of Water Resources to provide a report on wells, location and condition and would allow the department to charge a fee for the report.  

 

Water Bond - Due to the economic downturn and the challenging political climate, it is very likely the water bond scheduled for this November will be postponed until 2014.

Other Issues the Association is actively engaged:

 

High Speed Rail - as this project is considered, access to existing rail corridors and impact on adjacent properties, including industrial facilities, will remain an issue.

 

Water Board Fees - There has been an ever increasing pressure on fees all over California government, especially at the State Water Resources Control Board and their regional affiliates. We are actively engaging in these discussions and opposing unjustified fee increases.

 

AB 32 implementation - AB 32 mandates a reduction in Green House gas Emissions across California's economy. This has spurred additional actions such as the Low Carbon Fuel Standard and a Cap and Trade system that will be implemented this summer. The association has been monitoring these activities looking for opportunities for agriculture and processors and opposing unjustified regulatory burdens.

 

On Road/Off Road vehicle emissions regulations - there is increasing pressure to push for additional regulations on off road vehicles, similar to the on road vehicle rules currently being implemented. The association has been collecting data, developing substantive comments and working with the regulatory agencies to minimize impacts on the industry.

 

Nitrate Regulation - This spring, there will be increased attention on nitrates in ground water. Preliminary reports from the UC and other entities have found that agriculture fertilizers and manure are being identified as major contributors. We will be working with a coalition of ag entities and the department of Food and Agriculture to address these issues and minimize impacts on individual ag producers.

 

Anti GMO Initiative - there is a proposed initiative being circulated that would mandate labeling of all food with GMO ingredients, restrict the terms "Natural, Naturally Grown, and toher derivatives of the term natural" fro processed foods unless they were organic or certified GMO free by a third party and sets up a Proposition 65 bounty hunter law type lawsuits.  

 

The board voted to oppose. There is a broad coalition of "Field to fork opposing the bill including:

CA Farm Bureau and California Seed Association

Food Processors and Manufacturers

Biotech and Medical Biotechnology Companies

Grocers and Retailers

Trade Unions

 

 

Safety Corner

  

Driver Safety:  Defensive Driving

  

A good offense may be the best defense in football, but it is the worst approach to driving.

A safe driver is a defensive driver:

  • Be aware of traffic conditions all around your vehicle and far ahead.
  • Be constantly alert to the possible illegal acts and errors of others.
  • Be willing to yield your right-of-way to avoid an accident.
  • Do not tailgate.
  • Know and obey all traffic regulations.
  • Be cautious when approaching intersections. Decrease the odds of an accident by taking your foot off the accelerator and being ready to brake in preparation for the unpredictable.
  • Adjust your driving to accommodate:

-      Traffic conditions

-      Pedestrians

-      Road conditions

-      Weather conditions

-      Time of day

-      Your frame of mind

  • Drive as if all pedestrians and all other drivers are your good friends and relatives.
                          (Source: Risk Management Services from InterWest Insurance Services, Inc)

 

Labor Commissioner Releases Updated Wage Notice and FAQ

 

The California Division of Labor Standards Enforcement (DLSE) has released an updated version of the Labor Code section 2810.5 wage-and employment notice and a second update to its frequently asked questions (FAQs) on the notice.

 

The Wage Theft Protection Act of 2011 requires employers to provide nonexempt employees with a notice - Notice to Employee (Labor Code section 2810.5)-at the time of hire that lists specified wage information.

 

California employers struggled with putting the provisions of the initial template provided by the DLSE into effect. The DLSE revised its template on April 12.

 

The Labor Commissioner also has issued its second update to the FAQs about the wage-and-employment notice to help answer questions from employers. The second update to the FAQs, released on April 12, revises several of the previous FAQs and also contains five additional questions and answers.

 

For new hires made after April 12, 2012, the newer posted version of the template must be used. The DLSE will archive any earlier template on its website for informational purposes.

 

Employers are required to provide the notice at the time of hire in the language the employer normally uses to communicate employment-related information.

 

The updated wage-and-employment notice (in English and Spanish) is available for download from HRCalifornia.

 

An on-demand version of the CalChamber "Paying and Scheduling Nonexempt Employees" webinar is available at www.calchamber.com/2012webinars.

 

                                                (Source:  CalChamber:   Staff Contact: Gail Cecchettini Whaley)