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Conveyor Currents November 8, 2013
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| Upcoming Dates |
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 *** Information Click Here ***
May 14-15, 2014 California Animal Nutrition Conference, Radisson Hotel in Fresno, CA
2015
April 22-25, 2015 CGFA Annual Convention - The Monterey Plaza Hotel on Cannery Row.
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| Quick Links |
California Dept. of Food & Ag
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Annual Convention - Room Reservation Link to Sheraton
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This is the link for the on-line reservations for the CGFA Annual Convention - April 23-26, 2014. Mahalo!  |
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| Assembly Ag Committee Holds Hearing on Farmland Conservation | |
On Thursday, November 6th the Assembly Ag Committee held a hearing discussing the issue of farmland conservation. Panelists testifying included several state experts in the area, agriculture representatives and local government officials including John Lowrie, Department of Conservation; John Gamper, California Farm Bureau Federation; Ed Thompson, American Farmland Trust; Kim Vann, Colusa County Board Supervisor, California State Association of Counties, and Rural County Representatives of California (RCRC).
The general discussion centered around existing policies to preserve farmland such as easements but there was also discussion about the impact of the state defunding the Williamson Act. There was a commitment to further look at the impact of the state's action on local governments and rural counties.
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CalChamber Releases List of New Employment Laws Affecting Businesses in 2014
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The California Chamber of Commerce today released a list of new employment laws scheduled to take effect in 2014 or earlier that will have an impact on businesses in California.
New Laws
Some of the new laws for 2014 make significant changes in key areas, such as the new minimum wage, new protections for immigrants and expanded leaves of absences. Other new laws make small changes to different parts of existing law or relate to specific industries, such as garment manufacturers or the car wash industry.
Unless specified, the following list of new legislation goes into effect on January 1, 2014.
More details are available in a free CalChamber white paper, available (CLICK HERE....)
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| FSMA Public Meeting: Proposed Rule to Establish Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Food for Animals - Sacramento, CA | |
December 6, 2013
8:30 am - 2:30 pm
John E. Moss Federal Building, Stanford Room
650 Capitol Mall, Sacramento, CA 95814
Note: A valid State or Federal ID is required for entry to the John E. Moss Federal Building.
The purpose of this public meeting is to discuss the proposed rule to establish current good manufacturing practice and to require hazard analysis and risk based preventive controls for food for animals. This proposed rule is one of several proposed rules that will establish the foundation of, and central framework for, the modern food safety system envisioned by Congress in the FDA Food Safety Modernization Act (FSMA). The meeting is also designed to solicit oral stakeholder and public comments on the proposed rules, inform the public about the rulemaking process (including how to submit comments, data and other information to the rulemaking dockets), and respond to questions about the proposed rules.
This is the third of three public meetings FDA plans to hold on this FSMA proposed rule. Information on the additional meetings can be found on the FSMA Meeting page. The agenda format will be the same for each meeting.
For general questions about the meeting, for assistance to register for the meeting, to request an opportunity to make an oral presentation, or to request special accommodations due to a disability, contact: Aleta Sindelar, 7519 Standish Place, RM 133, Rockville, MD 20855; Phone 240-276-9230; Fax 240-276-9241; or Email aleta.sindelar@fda.hhs.gov.
Registration and Webcast Information
Register Online
You may register online by completing the electronic registration form and emailing it. See the instructions below.
- Click on electronic registration form; a registration form will open
- Complete the form
- Click Submit at the bottom of the form; an email with the form as an attachment will be generated
- A pop-up window will open asking you to select an email client; if the pop-up window does not appear, make sure that your browser is set to allow pop-ups
- Select your Desktop Email (or Internet) Client, and click OK
- If you chose Desktop Email Application, an email will pop-up
- Click the Send button on the email to submit the form
NOTE: hitting Submit on the form alone does not send your registration; you must email the form to complete the process
- To print or review your submitted registration form, check the email folder which stores your Sent emails
Registration for the meeting will also be available on site.
This meeting will be available for public viewing via Adobe Connect at
https://collaboration.fda.gov/dec_6_fda_fsma_public_meeting/
at the time of the meeting.
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Farm Bill Conference Nearing Crunch Time; Spending Caps Needed |
With optimistic statements about the Farm Bill being ready for floor action by Thanksgiving, that means next week is critical to getting the whole package wrapped up. However, Farm Bill experts both in and outside of Congress contend that to reach that goal - and avoid the possibility of the Farm Bill getting rolled into a hoped-for budget package - congressional budgeteers need to tell conferees how much money they can spend.
Budget conferees are hip deep in trying to resolve the overall differences between the House and Senate budget resolutions, but former Rep. Charlie Stenholm (D, TX), a veteran House Agriculture Committee member and now a policy consultant in Washington, DC, told an audience this week the Farm Bill conferees don't need a final budget deal; they need the budget conference to agree on an agriculture spending cap.
Food stamps, commodity program, crop insurance and other differences aside, the Farm Bill conferees are facing a very tight - and rapidly narrowing - window of opportunity to finish their work. Both chambers will be in session as of November 12, but are expected to leave for a two-week Thanksgiving recess on November 22. They return on December 9 for two weeks, leaving December 20 for Christmas, not to return until January 6.
That spending cap provides political and practical cover for the Farm Bill conferees. The Senate Farm Bill currently carries a $955-billion price tag, and achieves savings of around $18 billion over 10 years; the House bill costs $921 billion, but with a $40-billion cut to food stamps, is scored at saving about $51 billion over a decade.
Senate Agriculture Committee Chair Debbie Stabenow (D, MI) confirmed the need for Congressional Budget Office (CBO) scores on various proposals to reconcile the two bills, and allowed a budget spending cap would help. She also confirmed she and House ag panel Chair Frank Lucas (R, OK), along with Sen. Thad Cochran (R, MS) and Rep. Collin Peterson (D, MN), the committees' ranking members, had a two-hour face-to-face meeting this week and things are "getting down to the nitty gritty."
Still in play is whether the Farm Bill will get rolled into any budget conference agreement. Stabenow, who sits as a budget conferee, says it's possible, depending on the timing of both packages, but holds strongly the ag committees will write the Farm Bill. Peterson opposes the inclusion of the ag package in the budget agreement, saying all that does is kill direct payments, but could also jeopardize the budget package.
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| Farm Bill Conference Items |
Senators Want Broader Crop Insurance - Thirteen Senators sent a letter this week to Farm Bill conferees asking they support broadening crop insurance availability and eligibility to assure specialty crop, organic, highly diversified and young/beginning farmers have access to coverage. They specifically support Senate Farm Bill language that would create a "whole farm insurance/revenue" product. They also want to see premium and term equity between organic and conventional crop insurance policyholders.
Stakeholders Want Mandatory Energy Funding - More than 130 groups, including the Renewable Fuels Assn. and the Wind Energy Assn., this week sent a letter to Farm Bill conferees supporting a five-year Farm Bill that includes an energy title blessed with $900 million in mandatory funding. The Senate bill echoes that call; the House bill authorizes $1.25 billion in energy spending, but makes it discretionary. The stakeholders say the renewable energy industry is on the cusp of major breakthroughs and ensuring adequate government funding to assist over the next five years is critical.
Lucas Flips on Dairy Supply Controls - House Agriculture Committee Chair Frank Lucas (R, OK) this week is reported to have reversed himself and now opposes milk production controls as part of the Farm Bill's rewrite of dairy industry support programs. The House Farm Bill carried a feed margin insurance product with production controls as a replacement for current federal dairy support programs, but the production control language was removed on the House floor. Lucas says the battle to regain that supply control language is between ag panel ranking member Rep. Collin Peterson (D, MN) and House Speaker John Boehner (R, OH), who's called the Peterson dairy language a "soviet-style" system. Peterson says if he doesn't get the supply control language, he'll push to reinstate the Milk Income Loss Contract (MILC) at 2008 rates.
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Governor Brown Appoints New Labor Secretary, Senior Advisor
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Governor Brown this week announced the appointments of David Lanier as Secretary of the California Labor and Workforce Development Agency and Marty Morgenstern as Senior Advisor in the Office of the Governor. Lanier replaces Morgenstern, who has served as secretary since 2011. While Morgenstern is retiring, he will continue to serve the Governor as a senior advisor without compensation.
Lanier, 46, of Davis, the new Secretary of the California Labor and Workforce Development Agency, has served as chief deputy legislative affairs secretary since 2011. He served as special advisor to the Speaker at the California State Assembly Speaker's Office of Member Services from 1999 to 2011. Lanier was chief of staff for California State Assemblymember Grace Napolitano from 1997 to 1998.
Morgenstern, 78, of Oakland, now a Senior Advisor in the Office of the Governor, has served as Secretary of the California Labor and Workforce Development Agency since 2011. Morgenstern was a consultant for the University of California on labor relations matters from 2003 to 2011 and director of the California Department of Personnel Administration from 1999 to 2003 and from 1981 to 1982. Morgenstern was a consultant in private practice from 1994 to 1999.
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| Ethanol Producers: Cutting RFS Hurts, Stifles Industry; Boxer Plans Hearing |
With EPA expected to announce any day a reduction in the 2014 Renewable Fuel Standard (RFS) for all biofuels, corn ethanol producers this week said such action could cost producers as much as $3.6 billion in lost sales, but create a $4-billiion windfall for gasoline companies through increased fuel sales.
In related developments, Sen. Barbara Boxer (D, CA), chair of the Environment & Public Works Committee, announced once EPA announces its 2014 RFS mandate, she'll hold a "big" hearing on the RFS for conventional (corn ethanol) and cellulosic fuels before the end of the congressional year. At the same time, the American Soybean Assn. (ASA) urged its members to contact Senators and get them to sign on to a letter being circulated by Sen. Patty Murray (D, WA) and Sen. Roy Blunt (R, MO) supporting a biodiesel RFS of at least 1.7 billion gallons.
An overall RFS reduction by EPA will also hurt investment for emerging fuels, such as cellulosic ethanol, "just as they are on the cusp of commercialization, the fuel producers said. "This would effectively kill any investment in advanced biofuels," said an executive of Abengoa Bioenergy Corp. in Kansas, which expects to begin production at a 25-million-gallon-per-year cellulosic ethanol plant in January, according to reports.
The Renewable Fuels Assn. (RFA) said this week EPA can't legally reduce the RFS mandate for 2014. The agency's authority allows it to reduce the biofuel RFS to reflect actual production or it can grant a waiver based on inadequate domestic supply, neither situation is at hand given an estimated 14.4 billion gallons of ethanol expected to be produced this year. "We are confident that when all the facts are assessed, the efficacy of the RFS will be affirmed," said RFA President Bob Dineen.
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Affordable Care Act Webinar - What Employers Need to Know to be in Compliance in 2014
September, 2013
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Calculating your company's health care reform strategy under the Affordable Care Act (ACA). In our ongoing effort to provide the most current and relevant information on the Affordable Care Act (ACA), we have developed a series of educational webinars. The information provided in this webinar will help you prepare for the Affordable Care Act provisions which will become effective January 1, 2014.
About your presenter:
Stacy Barrow is an Associate in the Labor & Employment Law Department and a member of the Employee Benefits, Executive Compensation and ERISA Litigation Practice Center and the Health Care Reform Task Force.
This is the final webinar in our 2013 series on the Affordable Care Act.
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| GM Labeling Ballot Question Fails in Washington State; Federal Action Expected | |
The national food industry spent an estimated $22 million to successfully defeat this week a Washington State ballot initiative that would have required all foods - including animal feeds and pet foods - sold in the state to be labeled if made from or with genetically modified (GM) ingredients. The margin of victory was 54-46% against the ballot question. Pro-labeling groups spent an estimated $8-10 million. The county in which Seattle sits voted nearly 57-43% in favor of the initiative.
The Grocery Manufacturers Assn. (GMA) in Washington, DC, coordinated much of the fundraising and boots-on-the-ground opposition to the labeling initiative, running afoul at one point of Washington State political registration and campaign financing laws. GMA was forced to file the names of its member companies paying into a special account to battle state initiatives.
"We are pleased the voters of Washington State rejected (the ballot initiative) by a significant margin," said Pam Bailey, GMA president. "(It) was a complex and costly proposal that would have misled consumers, raised the price of groceries for Washington families and done nothing to improve food safety."
Reports indicate at least 20 state legislatures will take up some form of GM labeling legislation in 2014. This continuing push by pro-labeling groups signals national food companies will very likely turn to Congress to preempt the states on food labeling while requiring FDA to clarify and expand its labeling policies.
This is the second state-wide GM labeling ballot initiative to be defeated. California voters rejected a similar ballot question in 2012, a battle food companies spent an estimated $45 million to win.
Maine and Connecticut legislatures passed GM labeling laws, but those laws require at least five neighboring states to pass similar laws. The Connecticut law requires at least one state to share its border. The Connecticut law is expected to be "clarified" in January that it does not apply to animal feeds and pet foods sold in the state.
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| USDA Acts on Biotech Varieties; Seeks Comments on 'Coexistence' | |
USDA this week announced actions to deregulate several pending biotech plant varieties, while in separate action asked the public to comment on how "coexistence" between biotech plantings and non-biotech plantings can be achieved.
The Animal & Plant Health Inspection Service (APHIS) published a notice to deregulate a Monsanto soybean variety designed to increase yield. The agency also published a request for public comment on the draft environmental assessment (EA) and draft plant pest risk assessment (PPRA) in response to a petition from BASF to deregulate its herbicide resistant soybean variety. It also published for comment on the same two assessments on a petition on apples designed to resist browning developed by Okanagan Specialty Fruits, Inc.
On coexistence, the Advisory Committee on Biotechnology & 21st Century Agriculture (AC21) is asking for comments on how to achieve coexistence following up on its 2012 report "Enhancing Coexistence: A Report of the AC21 to Secretary of Agriculture." The report recommended action in five areas: Potential compensation mechanisms in cases of contamination; stewardship; education and outreach; research, and seed quality. After the comment period, USDA intends to hold a public meeting to discuss the public input. The comment period ends January 3, 2014. The documents can be found at www.usda.gov at the AC21 page.
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| Obama Creates Climate Change Task Force, EPA Announces Draft Action Plan, Vitter Wants to Know about Administration Lobbying on Climate Change Report |
Taking steps to implement President Obama's executive order this week creating an administration-wide "Task Force on Climate Preparedness & Resilience," EPA released its draft Climate Change Adaptation Implementation Plan for public comment. The comment period ends January 3, 2014. The full draft plan, as well as other climate change-related documents, can be viewed by going to www.epa.gov, and following the icons to the climate change section. The President's task force includes not only federal officials, but state, local and tribal leaders, included for their experience in handling natural disasters. Meanwhile, Sen. David Vitter (R, LA), ranking member of the Senate Committee on the Environment & Public Works, led a group of four Senators in writing to EPA Administrator Gina McCarthy wanting to know what EPA knows about the "Administration's lobbying efforts to skew the results" of the upcoming multi-nation Intergovernmental Panel on Climate Change (IPCC) report. In a press release, Vitter said the U.S. government "weighed in" and requested "alterations to the scientific analysis," calling the IPCC process "not a purely scientific one." The four Senators want to know if McCarthy was aware the IPCC report "was not going to support the statements of President Obama when she testified in April that the IPCC would, in fact, be able to do so." Earlier this year, AP reported multiple countries lobbied the IPCC to swing the report conclusions one way or the other. The EPA plan, which will be followed by similar plans from other Administration departments and agencies, is designed to provide information on how the agency will help the nation "adapt to a changing climate." EPA said the implementation plans offer "a roadmap" for agency work to protect public health and the environment. These include plans to deal with extreme weather, floods and droughts, the agency said. A separate draft - the "Climate Change Adaptation Plan" - was released in February, and is expected to be finalized sometime this fall. |
| Stakeholders Vent at EPA Carbon Emission Regulation Listening Session |
EPA got an earful this week at a public listening session about regulating carbon emissions as part of President Obama's climate change initiative. At issue is a rulemaking EPA has undertaken to regulate the carbon emissions from existing coal-fueled power plants. Obama has told EPA to draft the emissions rule by June, 2014, and finalize it the year after.
Opponents of the EPA plan as laid out by Obama say the Clean Air Act (CAA) does not give the Administration authority to regulate the emissions from existing plants; action they say sets the stage for similar action against other types of facilities. EPA is already well into the process of regulating emissions from new power plants, requiring new plants to install major carbon recapture and storage systems.
Said the Environmental Working Group (EWG) in a member "alert" sent this week: "Rep. Ed Whitfield (R, KY) and Sen. Joe Manchin (D, WV) have joined forces to draft legislation that would essentially handcuff the EPA and allow unlimited carbon pollution...(T)he Whitfield-Manchin bill would block the EPA on multiple fronts...it would halt their (sic) efforts to make sure that all new power plants are built with technologies that meet common sense standards to reduce carbon pollution-but it won't stop there. The EPA is also working to propose carbon pollution standards to begin cleaning up older, dirty power plants. But this bill would stop that in its tracks by changing the rules at the end of the game, requiring Congress to get its act together and pass additional legislation before power plants have to start cleaning up smokestacks."
The industry counters the technologies EPA wants to require are not yet commercially viable. EPA says a Department of Energy cost sharing program announced this week, where $84 million has been made available - along with cost-sharing programs - will lead to what it calls the "next generation" of carbon capture technology.
Senate Minority Leader Mitch McConnell (R, KY), who represents a major coal-producing state, appeared at the Washington, DC, listening session and told the agency he was angry the agency had not scheduled a similar listening session in a coal state like Kentucky. EPA countered it has held meetings in coal states, though not in the coal-producing regions of those states.
McConnell said the Obama policies on coal-fired generators have cost Kentucky 5,000 jobs. Most of the facilities which used coal, however, switched to less expensive, cleaner-burning natural gas.
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| OSHA Proposes All Injury Data to be Submitted Electronically | |
A new proposed rule released this week by OSHA would require all employers to submit required workplace injury and illness records electronically, the agency saying electronic submissions will allow it to better target workplace safety actions.
OSHA says the new rule will allow it to improve workplace safety and improve tracking of injuries and illnesses, and timed the new rule to follow the release of the annual Bureau of Labor Statistics (BLS) report that shows 3 million workers were injured on the job in 2012.
The rulemaking is the result of a series of stakeholder meetings held in 2010 specific to electronic reporting. The new rule will require electronic reporting of injury and illness reports, but will not change the data to be collected under existing standards. The agency said it intends to eventually post the data online "as encouraged by President Obama's Open Government Initiative."
The comment period on the new rule ends February 6, 2014, and the agency plans a public meeting in Washington, DC, for January 9. The rule can be found by going to www.osha.gov.
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| House Passes Farmer CWA NPDES Permitting Fix Again | |
The full House this week approved legislation protecting farmers who seek to use pesticides "on or near" navigable waters from the burden of having to register and permit the approved chemicals twice. This is the second time in as many congresses the House has approved the permit fix; the Senate Agriculture Committee approved a similar solution to the permit problem.
Under the bill, a chemical can be used on or near navigable waters if it's already approved under FIFRA. This was the case until 2011 when EPA declared "point-source emitters," including vehicles used to spray pesticides, had to get a National Pollutant Discharge Elimination System (NPDES) permits on top of the FIFRA registration.
While the House version of the Farm Bill contains similar language, it's expected that once the House bill is sent to the Senate, Sen. Benjamin Cardin (D, MD) will again block it as he has successfully done over time.
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Water Bill Moving to Conference as Senate Names Conferees |
The Senate this week named conferees on the Water Resources Development Act (WRDA), signaling its commitment to getting the bill reconciled, enacted and on the President's desk before the end of this session. The House is expected to name conferees when it returns from its district work period next week.
A letter this week from six national unions to Boxer and the other committee principals in both chambers, applauds the conference action and urges the conferees to retain language that will ensure that federally owned and operated water and navigational locks and dams will remain under the daily control of federal authorities. This is a position, the unions said, shared by the Waterways Council, which represents barge and ship operators.
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| Small Businesses Race to Renew Health Plans Early |
Companies seek to beat large increases in premiums that will hit when new rules under the Affordable Care Act take effect Jan. 1.
Thousands of small businesses around the U.S. are racing to renew their health insurance policies Dec. 1 to beat large premium increases their brokers say will hit them Jan. 1 when the Affordable Care Act takes full effect. Some health insurance brokers also say 2014 may be the last year many of the companies even offer health insurance. Insurance brokers from several states told USA TODAY that 60% to 80% of their small-business clients - those with 50 employees or fewer - are renewing their policies early to skirt the law. Companies with more than 50 employees aren't allowed to adjust their renewal dates. Many companies are still waiting to hear what rates they'll be facing in 2014, as state insurance commissioners are backlogged with tasks related to ACA compliance. Benefits Done Right Insurance Agency Blogs
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