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Conveyor Currents                                   May 9, 2014
Upcoming Dates
2014

May 14-15, 2014 California Animal Nutrition Conference,  Fresno Hotel in Fresno, CA
*** Information Click Here *** 
 
2015
 
January 14-15, 2015  Grain & Feed Industry Conference - Embassy Suites on Monterey Bay

April 22-25, 2015   CGFA Annual Convention - The Monterey Plaza Hotel on Cannery Row.

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
CGFA Career Page on Website
California Governmental Relations Report
In Memory of Beverly Gilbert
Over 20 Ag Groups Ask FDA for More Time on FSMA
Vermont First State to Require GM Food Labeling
Somber News for Ag in National Climate Assessment
Vilsack Gives Farm Bill Progress Report at Senate Ag Hearing
46 Senators Join House Members Opposing EPA Water Rulemaking
Federal Appeals Court Sides with EPA
EU Puts Tough Import Restrictions on Feed
Conferees Get Final Deal on Water Bill
Safety Corner
CGFA Career Page on Website

 

If you have job opening at your facility or have an internship opportunity please send into the CGFA office and we can post it on our new "Career Page" on the updated CGFA Website.

We are hoping to have more listing posted for opportunities as well as have the students looking for work post their resume.

Send any listings you have to dboggs@cgfa.org.

 
California Governmental Relations Report
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By: Dennis Albiani, Legislative Advocate


Capitol Prepares for May Revise

Next Thursday the Governor will release his May revisions to his proposed budget.  All indications are that revenues have exceeded proposed expenditures by approximately $4 billion.  The May revision is expected to include proposals on how to spend those funds.  The Governor is planning on identifying "one time" expenditures so as to not create an ongoing burden on the state's general program by adding personnel and programs. 

 

Some rumored proposals include adding $2 billion to education funding for technology, broadband implementation, professional development and other one-time items to both implement the Common Core Standards as well as bring schools up to basic technology standards.  Another possible proposal is to increase funding to the higher education system through one time augmentations for technology and capital outlay  For agriculture, the May revise is rumored to contain $3 million for border stations to prevent the introduction and spread of plant and animal diseases and pests. 

 

Governor and Legislature Near Deal on Rainy Day Fund

As part of the May revision the Governor is expected to announce an agreement with the  legislature on a stronger, more permanent "rainy day fund."  The agreement Brown and lawmakers are negotiating would fund a rainy-day account in years that capital gains revenue exceeds 8 percent of total general fund revenue, a higher threshold than Brown had proposed. But it would also require contributions of 1.5 percent of all general fund revenue, a concession to Republicans, sources said.

 

The proposal would replace a budget reserve measure already on the November ballot. That measure had been criticized by public employee unions, allies of Brown and Democratic lawmakers. The original measure, ACA 4, was part of a 2010 budget deal among Democrats, Republicans and then.  Governor Arnold Schwarzenegger and originally scheduled to go before voters in 2012, but lawmakers postponed it to 2014.

 

Bills Head to Appropriations Committee, then Floor

Last week marked the deadline for bills with a fiscal impact to the state to be passed out of policy committee.  The Appropriations Committee in each house has been busy analyzing these bills and identifying the fiscal impact on the state.  Bills that meet the threshold are sent to "Suspense."  The Committees are expected to vote successful bills that will move forward off the Suspense calendar on May 23.  Bills will then move to the floor of the house of origin and will need to be voted out-of-house of origin by May 30. 

 

One controversial bill opposed by agriculture, food companies, business groups and pharmaceutical companies is SB 1381 (Evans).  This measure will mandate a costly labeling system for foods containing GMO ingredients.  The bill will be heard on Monday, May 12th in the Senate Appropriations Committee.  

 

In Memory of Beverly Gilbert

Beverly Gilbert, age 87, with her family at her side, died Wednesday May 7 at her home in Oakdale after a lengthy illness. We would like to extend our sympathies and prayers to the Gilbert family and the employees at the A.L. Gilbert Company. 


The viewing is Monday May 12th from 2pm till 6pm at the Oakdale-Riverbank Memorial Chapel 830 W F St. Oakdale, CA 95361(209) 847-221. The funeral services will be Tuesday May 13th at 10:00am and will held at the Saint Matthias' Anglican Church 101 S First Avenue Oakdale, California 95361 (209) 847-2012.

 

Over 20 Ag Groups Ask FDA for More Time on FSMA Transport 'Sanitation' Rule

 

A 90-day extension of the comment period on FDA's proposed rule on "sanitary transportation of human and animal food" as part of Food Safety Modernization Act (FSMA) implementation was sent to FDA late this week by 22 producer, grain production/processing, feed, transport and food retail organizations. Included on the request are the American Feed Industry Assn. (AFIA), the National Grain & Feed Assn. (NGFA), the Agricultural Retailers Assn., the Corn Refiners Assn. (CRA), the National Council of Farmer Cooperatives (NCFC), the National Oilseed Processors Assn. (NOPA), the National Renderers Assn. (NRA) and the Grocery Manufacturers Assn. (GMA).

 

The groups wish to see a new deadline for filing comments of August 29, 2014. They say the rule is the first time FDA has tried to regulate the transportation by truck and rail of ingredients and finished products for food safety reasons.  The rule is sufficiently complex - and carries the possibility of significant industry disruption and unintended consequences if not handled correctly - that the groups need at least another 90 days to analyze it. Also critical to meaningful comments, the groups said, is adequate time to complete an economic analysis of the rule on various industry segments.

 
Vermont First State to Require GM Food Labeling; Federal Effort Gets Chilly Reaction

The governor of Vermont this week signed state legislation that will require food sold in the state as of July, 2016, that is the product of genetic modification (GM) or contains GM ingredients to be labeled. 

The new law does not extend the labeling requirement to animal feeds and pet foods.  

 

The food industry is gearing up for a major legal battle, challenging the new law, but with the New York State Assembly moving quickly to pass its labeling legislation - Massachusetts and Maine have passed labeling bills with enactment limits, and currently 29 state legislatures are considering 89 related bills - the ability of the industry to financially sustain legal challenges is in question.

 

Vermont created a "food fight fund" to defend against the legal challenges that are coming, and is taking online contributions to help build the fund.  The Biotechnology Industry Organization (BIO) says the average Vermont household's food bill could increase by as much as $400 a year because of the labeling mandate.  

 

In Washington, DC, 35 ag, processing, food and retail associations formed a coalition to get Congress to preempt state GM labeling laws.  Rep. Mike Pompeo (R, KS) and five bipartisan colleagues introduced legislation last month to give FDA supreme labeling authority, set standards on voluntary labeling for the absence or presence of GM ingredients, and create a federal definition of "natural" and related claims on food labels.

 

However, Congress is reluctant to preempt state laws, and so far the reception on Capitol Hill to the notion of nullifying laws like Vermont's, is chilly at best.  Lawmakers fear, in part, inserting Congress in this issue opens the door for other federal versus state issues.  

 

Secretary of Agriculture Tom Vilsack floated the notion of modifying food product bar codes to list GM ingredients, and the idea is starting to get attention as an alternative to label listings. While not simple because it would require just about the entire food chain to participate, it would also face stiff opposition from labeling advocates.

 
Somber News for Ag in National Climate Assessment

The White House this week released its third National Climate Assessment as part of President Obama's climate action plan, and the news for agriculture isn't good.  U.S. and North American climate change in the form of drought, storms, cold and other weather anomalies is already affecting every region of the U.S., the report says.

 

"On the whole, the report finds summers are longer and hotter, with longer periods of extended heat.  Wildfires start earlier in the spring and continue later into the fall.  Rains come down in heavier downpours.  People are experiencing changes in the length and severity of season allergies.  And climate disruptions to water resources and agriculture have been increasing," according to a White House statement accompanying the report.  

 

The report was produced by over 300 experts and overseen by the National Climate Assessment & Advisory Committee, then reviewed by the National Academies of Science (NAS).  Over 4,000 public comments were reviewed in preparing the report, the White House says.

 

Ranking member Rep. Henry Waxman (D, CA) and former committee chair Rep. John Dingell (D, MI) lead a group of 20 of their colleagues in immediately sending a letter to House Energy & Commerce Committee Chair Fred Upton (R, MI) urging him to hold hearings on the assessment so that "differing views" on policies and programs necessary to respond to climate change can be vetted.   

 

Several members of both parties on Capitol Hill are urging the President to "go slow" or scale back what they expect to be regulatory actions to come as a result of the assessment. Coal and its use as a fuel continues to be a major political hurdle, and an overall fear the White House will try and pick energy "winners and losers" also signals a major battle.  EPA action to limit coal-fired power plants and recent action on methane reduction/recapture also have lawmakers nervous.

 

Also controversial is an announced Administration plan to take into account "climate change influences" on environmental reviews required by law.  A group of Republican Senators last week told the White House to back off a stalled proposal to change the manner in which National Environmental Policy Act (NEPA) reviews are evaluated.  

 

Ag and forestry, the report says, will continue to be hit with adverse climate changes and extreme weather events, but this sector can also contribute to solutions that will moderate climate impact, including renewable fuels, carbon sequestration and land management and cropping practices that reduce greenhouse gases.

 

There were six key messages for agriculture in the report, as follow:

  • The climate changes that have increased over the last 40 years will continue for at least the next 25 years, with major impacts on crops and livestock expected "mid-century;"
  •  Several regions will see productivity in livestock and crop production decline based on "increased stress" from weeds, diseases, insect pests and other "climate-induced stresses."
  • Innovative conservation methods are needed to mitigate the impact of soil loss and degradation due to increasing precipitation for both rainfed and irrigated agriculture;
  • "Critical thresholds" are already being exceeded when it comes to crop and livestock production and will be exacerbated by continuing weather extremes;
  • While ag has been able over recent years to adapt to climate swings, increased innovation will be critical to ensure the rate of adaptation and "the associated socioeconomic system" can keep up with climate change over the next 25 years, and  
  • Climate change impacts on agriculture will affect food security both here and overseas, because crop yields will change and food prices and the impacts on food processing, storage, transportation and retailing will increase.

 

A listing of specific state reports is found by going to http://www.whitehouse.gov/blog/2014/05/06/what-climate-change-means-regions-across-america. The 25-page chapter on agriculture and land use can be found here: http://nca2014.globalchange.gov/report/sectors/agriculture.

 
Vilsack Gives Farm Bill Progress Report at Senate Ag Hearing

 

Two hours of Senate Agriculture Committee time this week was used for a hearing at which Secretary of Agriculture Tom Vilsack gave a progress report on Farm Bill implementation.  The questions to the secretary were wide-ranging during the mostly friendly exchange.

 

A complete copy of Vilsack's statement, including a title-by-title, section-by-section progress report on implementation of the 2014 Farm Bill can be found by going to www.usda.gov, and following the news media link on the home page.

 

Vilsack took justifiable pride in reporting the success of his reboot of the livestock disaster assistance programs.  

 

"I'm proud to say that on April 15, 2014, USDA began accepting applications for disaster assistance programs restored in the 2014 Farm Bill, including the Livestock Forage Disaster Program, the Livestock Indemnity Program, the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program, and the Tree Assistance Program, " Vilsack said. "While it took a year to implement disaster relief programs after the last farm bill was passed in 2008, disaster programs were up and running in just 60 days this time around.

 

Vilsack said USDA received about 33,000 applications for these programs in the first two weeks of signup, and almost $20 million has gone to producers.

 

Perhaps the only "spirited" exchange came when Sen. Charles Grassley (R, IA), the Senate's avenging angel on payment limitations to farmers, as well as the chief proponent for tightening the definition of "actively engaged" when it comes to owners who may qualify for federal program payments. While House and Senate conferees reached agreement on new payment limitations, they punted the redefinition of "actively engaged" to USDA.

 

Vilsack said there are those who "have been very creative with the law" when Grassley asked him if he agreed some farm owners had used the old definition to maximize USDA payments.  Vilsack said writing the definition is not easy given his authority is "narrowed" to exclude family farms, but Grassley reiterated the Farm Bill provision must be strictly administered and that previous Farm Bills have given USDA ample authority to write the new definition.  Committee Chair Debbie Stabenow (D, MI) associated herself with Grassley's remarks.

 

Also announced at the hearing was USDA's move to award grants to land-grant universities to develop web-based sites and tools to help producers make farm program decisions.  USDA must select a lead institution to oversee the websites' development.

 

Six national farm groups have written to Vilsack telling him the selection process must take into consideration institutions that understand the needs of all crop producers, not just those who produce major crops. The groups said, "Given the complexity of choices in the commodity and crop insurance titles of the farm bill, these tools will be critical for producers in our organizations to make well-informed decisions, (and) it is important that academic institutions representing different regional views on farm programs participate in this work."

 

However, the groups went on to say the lead institution must have both the confidence of producers and "strong familiarity with the cropping practices and farm economics of the Midwest and north Great Plains" because these regions have the most acres in production.  The lead school must also possess "substantial experience" with revenue-based risk management tools and represent a broad-based, national consortium of land-grant universities.

 
46 Senators Join House Members Opposing EPA Water Rulemaking

 

Last week, more than 200 House bipartisan members called on the White House to rescind EPA's rulemaking to expand its authority under the Clean Water Act. This week, 46 Senators joined the chorus - members of the Congressional Western Caucuses - telling EPA the new water rule is badly written and too vague.

 

Sens. John McCain (R, AZ) and Jeff Flake (R, AZ) led 44 of their Senate colleagues writing to EPA Administrator Gina McCarthy this week telling her the proposed expansion of the agency's authority under the CWA to small bodies of water and streams needs to be reworked.

 

While acknowledging EPA's exclusion of gullies, rills and swales, the two Senators said the rulemaking must be more specific in identifying exactly which new bodies of water will be regulated.  "Unfortunately, the current EPA proposal dramatically expands federal jurisdiction and will likely yield the next step in an unnecessarily iterative process, and create significant regulatory uncertainty," the Senators wrote.   

 

The so-called "waters of the U.S." rule is of particular concern to agriculture groups who believe it would give the agency authority to regulate ponds, ditches and areas which may hold water once in several years.  Despite EPA assurances that nothing changes for agriculture in the proposed expansion of water authority - and the National Farmers Union (NFU) agrees - the American Farm Bureau Federation (AFBF) set up a "Ditch the Rule" website to oppose the rule as currently written.

 

In a related development this week, Secretary of Agriculture Tom Vilsack was told by Sen. John Hoeven (R, ND) during an appearance at the Senate Agriculture Committee to update the panel on Farm Bill implementation, that farmers are concerned about the EPA authority expansion.  Vilsack reiterated EPA's assurance there would be no impact on "normal farming practices," and said he believes the list of EPA-recognized activities to be exempted will be increased.

 

The House action was led by Reps. Chris Collins (R, NY) and Kurt Schrader (D, OR). Their letter to EPA and the Corps has a simple request - withdraw the rule. "Under this plan, there'd be no body of water in America - including mud puddles and canals - that wouldn't be at risk from job-destroying federal regulation," said Rep. Doc Hastings (R, WA), chair of the House Natural Resources Committee.

 
Federal Appeals Court Sides with EPA on Oil Industry Challenge to 2013 RFS

 

EPA has "wide latitude" to decide where when and by how much it will modify federal biofuels mandates for mixing with gasoline, a federal court said this week, rejecting an oil industry challenge to the agency's 2013 Renewable Fuels Standard (RFS). The petroleum companies allege EPA didn't adequately consider the use of renewable fuel credits by companies to meet the mandate.

 

With the final 2014/2015 RFS mandate due from the agency in June, the pending proposal could significantly lower the overall RFS from levels set by law. The decision by the U.S. Court of Appeals for the District of Columbia deflates some renewable fuel advocates' argument that EPA is acting illegally by lowering the RFS mandate below statutory levels set by Congress.

 

The credit market referred to by the oil industry is that in which Renewable Identification Numbers (RINS) are traded among gasoline refiners.  Companies accumulate credits for blending sufficient biofuels to meet the mandate; if they don't hit the target, RINS are used to offset their obligation. One oil company said leftover credits from 2012 should not be a factor considered by EPA in setting the 2013 RFS; the court found this argument "meritless," and said, "EPA was entitled to conclude, as it did, that it had wide latitude to consider a range of factors as appropriate."

 

The oil companies also argued the 2013 RFS should be terminated because it wasn't made public until nearly eight months after the statutory deadline. The court rejected this argument as well, saying the RFS mandate is well known and there are sources within the federal government, including the Energy Information Agency (EIA) to which refiners could look to estimate their obligations under the RFS.

 
EU Puts Tough Import Restrictions on Feed, Products with Pork; U.S. Seeks Clarification

Moving to protect European swine herds from an outbreak of porcine epidemic diarrhea virus (PEDv), the European Union (EU) this week approved new rules that put tough restrictions on the import of pork byproducts, including plasma, from the U.S., Canada, Mexico and Japan. The rules are reportedly effective May 10.

 

The U.S. is concerned the restrictions may extend to swine byproducts exported to Europe but not intended for livestock feeding - based on the possibility the products could be diverted to animal feed - as well as how the EU will certify compliance.  Exporters have been advised to confirm which shipments will be allowed to enter the EU prior to shipment. There is also the U.S. concern other nations may try to copy the EU restrictions with their own programs and interpretations.

 

The EU says all pig products imported from the four nations must be treated with heat at 80 degrees Celsius (176 degrees Fahrenheit) and stored for six weeks at room temperature to kill the virus.  The EU did not ban swine blood products; U.S. plasma exports total about 2.2 million metric tons each year.

 

Still unknown is what France will do.  It had earlier announced it was considering a full ban on swine and swine byproducts from the four countries, but would hold its decision until after the EU ruled.  However, it also said, "If there is no agreement to ban imports at the meeting, our national authorities will go ahead with their decision." However, it's not yet known if the EU decision is enough to make France happy or if it will take a unilateral approach to banning swine product imports.

 
Conferees Get Final Deal on Water Bill

While official details won't be released until next week, word from the conferees on the federal waterways reauthorization is that a final conference report is in hand, clearing the way for final action in the next couple of weeks. The final sticking point was how many projects - and which ones - Congress will write into the law as direction to the U.S. Army Corps of Engineers on how to spend their money and where.

 

Insiders say the conference report will require a bigger share of harbor maintenance fees to be spent on actual port upgrades, and that "inland waterways resources" will be retargeted to allow lock/dam projects to begin earlier.  The key now is what appropriators will do as far as overall funding for waterways/ports projects.

 

No word on whether the package carries a long-requested increase in the fuel user fee barge operators pay to help fund waterways projects.  The industry wants the increase, but House and Senate authorizers said only the tax-writing committees can authorize an increase in the fee.  

 

Last week, 82 ag shipper and ag producer groups sent a letter to Sen. Ron Wyden (D, OR), chair of the Senate Finance Committee, and ranking minority member Sen. Orrin Hatch (R, UT) urging them to back a 6-9-cent increase in the current 20-cent-per-gallon barge fuel tax.  A similar push is planned for the House, where House Ways & Means Committee Chair Dave Camp (R, MI) has introduced a bill to raise the federal user on ag shippers to 26 cents.

 

Safety Corner

Heat Illness Symptoms


What causes dehydration?
Under normal conditions, we all lose body water through sweat, tears and urine. In a healthy person, this water is replaced by drinking and eating foods that contain water. When a person becomes so sick with fever, diarrhea, or vomiting or if an individual is overexposed to the sun, dehydration occurs. This is caused when the body loses water content and essential body salts such as sodium, potassium, calcium bicarbonate and phosphate.

What are the symptoms?
The following are the most common symptoms of dehydration, although each individual may experience symptoms differently. Symptoms may include:
* Thirst
* Less frequent urination
* Fatigue
* Light headedness
* Dizziness
* Confusion
* Dry mouth and mucous membranes
* Increased heart rate and breathing

How can dehydration be prevented?
* Drink plenty of fluids, especially when working or playing in the sun
* Make sure you are taking in more fluids that you are losing
* Drink appropriate sports drinks to help maintain electrolyte balance.

 

Mike Taylor, CPCU

Vice President 

InterWest Insurance Services, Inc.

100 Pringle Avenue, North Tower, Suite 550

Walnut Creek, CA 94596

(925) 977-4104 Office

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www.iwins.com

mtaylor@iwins.com