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| Upcoming Dates |
October 26, 2016:
CGFA and NGFA Joint Grain Safety Seminar
DoubleTree, Fresno, CA
2017
January 11-12, 2017
Grain & Feed Industry Conference
Embassy Suites, Monterey Bay, CA
April 26-29, 2017
CGFA Annual Convention
Hyatt Regency Lake Tahoe Resort, Spa & Casino
May 10 - 11, 2017:
California Animal Nutrition Conference (CANC)
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Benefits of Belonging to CGFA
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- State & Federal Legislative Advocacy
- Industry & Small Business Issues
- Business Advocacy
- Weekly Updates on Current Issues
- Networking Opportunities
- Industry Specific Directories
- Advertising Venues
- Social Media Sites
- Cost Saving Insurance Programs
- Environmental and Safety Resource
- Continuing Education and Training
- Political Action Committee Administration
- Annual Convention
- Education Programs
- District Meetings
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California Legislative Report
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By Dennis Albiani, Legislative Advocate
CDFA Office of Environmental Farming and Innovation Holds Stakeholder Meetings
The Office of Environmental Farming and Innovation is up and running and they held a group of stakeholder meetings this week to get input and better align their goals with industry needs. The Office was established last year by Secretary Karen Ross. The mission of the Office of Environmental Farming & Innovation is to serve California by supporting agricultural production and incentivizing practices resulting in a net benefit for the environment through innovation, efficient management and science. They will be working with other agencies in the administration to assist them in understanding the complexity of agriculture and food processing - before regulations are drafted. They will also be managing the incentive based grant opportunities for California agriculture including the SWEEP grants, manure digesters and Healthy Soils Program.
Their value statement is "To be a trusted and valued resource for scientific analysis and support to stakeholders and state agencies in the development and implementation of economically viable agricultural practices that optimize environmental and public health." CDFA's Incentive Programs are implemented under the authority of the Environmental Farming Act. Incentive Programs are developed in coordination with the Science Advisory Panel which facilitates public comment process.
Aggressive Climate Bills Move Forward
Before leaving town, two bills aimed at further regulating California businesses to curb climate emissions passed their respective policy committees. SB 32 (Fran Pavley) would extend the state's current greenhouse gas (GHG) program to 2030. Current statute gives the state until 2020 to reduce GHG emissions to 1990 levels. SB 32 would establish a new target of 40% below 1990 levels by 2030 with no oversight by the Legislature and unfettered authority by the California Air Resources Board (CARB) to achieve the new GHG reduction goal. SB 32 was approved by the Assembly Natural Resources Committee on a partisan vote of 6-2.
In an attempt to regulate livestock emissions, SB 1383 (Ricardo Lara) was introduced mandating a 40% reduction in methane production, 40% reduction in Fluorocarbon reductions and a 50% reduction in black carbon emissions. SB 1383 would allow the California Air Resources Board (CARB) to regulate methane emissions from livestock operations based on a draft plan developed by CARB that sets challenging and costly goals for methane emissions. California livestock operations have been identified as major emitters of Methane. SB 1383 was approved by the Assembly Natural Resources Committee on a vote of 6 - 1. Farm Bureau opposes.
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Vacancies on the Fertilizer Inspection Advisory Board
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The California Department of Food and Agriculture is announcing three vacancies on the Fertilizer Inspection Advisory Board. The board advises the secretary on the department's Fertilizing Materials Inspection Program, which works to ensure that consumers receive fertilizing materials that are safe, effective, and meet the quality guaranteed by the manufacturer.
As part of the Fertilizing Materials Inspection Program, inspectors and investigators located throughout the state conduct routine sampling and inspections; respond to consumer complaints; and enforce the laws and regulations that govern the manufacturing and distribution of fertilizing materials. The program is funded by fertilizer license fees and assessments. Vacancies are available for two board positions and one public member. The term of office for board members is three years. Members receive no compensation, but are entitled to payment of necessary traveling expenses in accordance with the rules of the Department of Personnel Administration. The two board member applicants must hold a current fertilizing materials license or be a representative of a licensed firm; the public member vacancy is not subject to this requirement. For further information on the Fertilizer Inspection Advisory Board and vacancies, you may contact program staff at (916) 900-5022.
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OSHA Increases Maximum Penalties
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OSHA this week said it's getting ready to publish new, higher maximum penalties for a variety of workplace violations, with the new penalties kicking in on August 1. OSHA said fines have not been increased since 1990, and the agency plans to adjust fines each year based on inflation and the Consumer Price Index.
The maximum penalty for willful or repeated violations jumps to a whopping $124,709 per violation, up from the current $70,000. For serious violations, the fines will jump to $12,471 per violation, up from $7,000, and for failure to abate, the penalty will go from $7,000 to $12,471.
The agency said it would continue to "adjust" penalties based on company size and other factors.
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Senate Easily Approves Roberts-Stabenow GE Labeling Bill; House Action Next Week
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Months of "rough and tumble negotiations" ended late July 7, when the Senate approved 63-30 agriculture/food industry-supported bipartisan legislation designed to provide a federal solution to an emerging patchwork quilt of state laws requiring the labeling of foods containing genetically engineered (GE) ingredients.
Senate Agriculture Committee Chair Pat Roberts (R, KS), who championed the federal solution, called for full chamber approval, "the most important vote for agriculture in 20 years," referring to the need to preempt state laws including the law now in effect in Vermont, necessary to avoid chaos in the marketplace and avoid demonizing agriculture biotechnology in both plants and animals.
The last hurdle is House approval, which is targeted for next week. The House approved a more comprehensive GE labeling bill - one calling for voluntary label disclosure and setting standards for "non-GMO" labeling - earlier this year, but leadership indicated it will take up the Senate bill. Key lawmakers, including House Speaker Paul Ryan (R, WI), Rep. Mike Pompeo (R, KS) and Rep. G.K. Butterfield (D, NC), co-authors of the House bill; Energy & Commerce Committee Chair Fred Upton (R, MI), and Rep. Collin Peterson (D, MN), ranking Agriculture Committee member, are all on board with accepting the Senate version.
However, House Agriculture Committee Chair Mike Conaway (R, TX) is not happy with the Senate process, but has kept those feelings generally to himself. Known to strongly favor voluntary labeling, Conaway as recently as two weeks ago was not supportive of the Senate direction. This week, however, Conaway said he'd wait until he sees the final Senate product before he making any public statements, adding he's "still engaged in discussions with industry and other stakeholders on the matter."
Roberts has talked directly to Conaway, warning him that the Senate bill is "a very careful compromise, and "is the last train leaving town" on GE labeling, explaining the Senate bill is the best compromise to ensure Democrat support without losing GOP backers. After extensive talks with crop grower groups and the food industry coalition, however, Conaway now says he'll support the Senate bill in the House under a closed rule - no amendments - even though he believes it to be deficient.
Secretary of Agriculture Tom Vilsack, who publicly supports mandatory on-label ingredient information disclosure, has urged the Senate to act and the House to concur quickly. The White House has signaled the President will sign the bill if it reaches his desk.
The bill preempts all local and state laws on GE labeling while requiring USDA to create within two years a mandatory program for food producers - the bill applies only to human food - detailing how they must provide on-package information on how consumers can get additional information on food ingredients. The bill provides several options to food companies, including a GE ingredient label declaration, the use of a symbol to be developed by USDA indicating GE ingredients, as well as smart phone-scannable QR codes, website addresses, etc., where consumers can learn if a food product they purchase includes GE ingredients. Meat and dairy are effectively exempt from the label disclosure requirements, while certified organic products would be allowed to label themselves "GMO-free."
The final bill was the product of months of negotiations between Roberts and committee ranking member Sen. Debbie Stabenow (D, MI). Roberts unsuccessfully tried in April to get full Senate approval of an ag committee-approved bill allowing voluntary on-label ingredient disclosure - mandatory after two years if not enough food companies embraced the labeling - but Stabenow insisted the labeling requirements be mandatory from the start. Roberts could not muster the 60 votes needed to cut off debate on the bill and move it to final action, forcing him to negotiate with Stabenow.
The trek to final Senate approval began in earnest when Stabenow and Roberts announced late last week they'd finally reached an "agreement" on mandatory label disclosure and the role of USDA in designing/implementing that system.
With the Roberts-Stabenow agreement in hand, Roberts convinced at least 45 Republicans to support the plan, with Stabenow delivering as many as 20 Democrats to reach the magic 60 votes needed to cut off debate. Both lawmakers met resistance at the extreme ends of their parties, with conservative GOP Senators telling Roberts they wouldn't support a mandatory program, and Stabenow being told the bill does not go far enough and mandatory front-of-package GE labeling should be the law of the land.
Early this week, the first procedural battle was won when the full Senate voted 68-29 to clear the bill for a cloture vote. With the ag/food industry Coalition for Safe Affordable Food (CSAF) in high gear - a letter to the Senate last week carried nearly 1,100 national, state and local association signatures, as well as endorsement by hundreds of food and agribusiness companies - Stabenow and Roberts were able to comfortably win cloture July 6 on a 65-32 vote, starting the clock on 30 hours of floor debate running up to the final vote.
Opponents of the Roberts-Stabenow agreement, including Senate Minority Leader Harry Reid (D, NV) who contended the bill had not been properly "vetted" within the ag committee through hearings and amendments, were led by Sens. Pat Leahy (D, VT) and Bernie Sanders (I, VT), who insisted all 30 hours of debate be used in hopes of drumming up support to kill the Roberts-Stabenow agreement and preserve their home state law. Sanders earlier tried to put a procedural hold on the bill, but failed.
Also actively opposing the bill was Sen. Jeff Merkley (D, OR), who unsuccessfully tried to get clearance to offer his own universal mandatory federal GE labeling bill. Senate Majority Leader Mitch McConnell (R, KY), however, used a procedural gambit known as "filling the amendment tree," effectively making no floor amendments in order and forcing an aye-or-nay vote on the agreement.
Sen. Lisa Murkowski (R, AK) wasn't happy with the deal as she wanted to amend the bill to require GE Atlantic salmon to be labeled, a thinly veiled attempt to keep the U.S. salmon market the sole domain of Alaska's wild caught Pacific salmon fishing industry. She was rebuffed in one-on-one negotiations with Roberts and Stabenow, and was finally shut out by McConnell. Sen. Ben Sasse (R, NE) and Sen. Mike Lee (R, UT) also opposed the bill saying they could not support a mandatory labeling disclosure scheme. Lawmakers from Massachusetts, Maine and New Hampshire also generally opposed the bill because their states have enacted GE food labeling laws. The conservative group Heritage Action also opposed the bill, saying the House-passed version is better.
FDA complicated the legislative effort when it publicly released last week an analysis of the bill pointing out what it called "potential loopholes" in the Roberts-Stabenow agreement, but which supporters dismissed as an agency move to preserve its labeling authority in lieu of new authority to USDA.
Stabenow asked USDA to assess the FDA report, and USDA gave her an opinion that "clearly states this agreement would provide the USDA with the authority to label everything that is on a grocery shelf that contains ingredients from GMO crops." That USDA analysis will also help guide the department when it writes rules to implement the new law, Stabenow said.
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State Water Board Stresses Need to Continue Water Savings as Drought Persists: On June 6, the State Water Board announced that water conservation remained strong in April with residents statewide reducing water use by 26.1% over the same month in 2013. Including the results for April, Californians have saved more than 1.43 million acrefeet of water since June 2015, a 24.1% reduction in water use compared to the same months in 2013. Water saved during the 11 month period was enough to supply 7.2 million Californians for one year, or 18% of the state's population.
- Analysis of California WaterFix Submitted to State Water Board: On June 1, the Department of Water Resources and the U.S. Bureau of Reclamation jointly submitted detailed testimony to the State Water Board as required for the upcoming public hearings beginning July 26. The request seeks to strengthen the Sacramento-San Joaquin Delta by adding three new points of diversion to the State Water Project (SWP), with coordination operations for the Central Valley Project (CVP), for California WaterFix.
- State Water Board Expands its Commitment to Recycled Water with New Permitting Process: On June 8, the State Water Board approved a new General Order to simplify the permitting process for recycled water projects, and advances the state's goal of increased recycled water use statewide. The General Order, which will be administered by the nine Regional Water Boards, applies to the use of treated municipal wastewater for irrigating landscapes and crops, dust control, industrial and commercial cooling, decorative fountains, and other uses on a case-by-case basis. For additional information, visit the State Water Board's Water Reclamation Requirements for Recycled Water Use website.
- CDFA Announces SWEEP Funding Availability for 2016: On June 20, the California Department of Food & Agriculture (CDFA) announced that the department will begin accepting applications for the State Water Efficiency and Enhancement Program (SWEEP). Approximately $18 million will be available for competitive grant funding to provide financial assistance to implement irrigation systems that reduce greenhouse gases and save water at California agricultural operations.
CDFA will also host grant application and technical assistance workshops throughout the state to provide prospective applicants with basic information on the program and application process. For more information, visit CDFA's SWEEP web portal.
- Energy Commission Approves more than $8.5 Million in Grants to Save Water: On June 14, the California Energy Commission (CEC) approved more than $8.5 million in grants to promote innovative technologies and strategies that save water and energy. The projects are expected to accelerate the deployment of drought-resilient strategies that minimize the need for new water-related energy infrastructure. For more information, visit CEC's Electric Program Investment Charge website.
- DWR Releases Final Guidelines and Solicitation Package for CalConserve Water Use Efficiency Loan Program: On June 16, the Department of Water Resources (DWR) released the Proposition 1 Final Guidelines and Proposal Solicitation Package for the CalConserve Water Use Efficiency Revolving Fund Loan Program, which provides funding for certain urban water use efficiency projects. A total of $10 million is available for competitive, zero-interest loans to fund local agencies' implementation of residential water use efficiency upgrades. For more information on this program, visit DWR's Water Use Efficiency Grants and Loans website.
- Public Listening Sessions regarding Implementation of Executive Order B-37-16: In early June, the Department of Water Resources (DWR), State Water Board, and the Department of Food and Agriculture held three Public Listening Sessions regarding implementation of Executive Order B-37-16 issued by Governor Brown on May 9. For more details, view DWR's Listening Session Factsheet and Discussion Questions.
- Series of Public Workshops on Salton Sea Management Program Set for this Summer: On June 14, the California Natural Resources Agency (CNRA) announced a series of workshops to provide information to and solicit public input on the State's Salton Sea Management Program (SSMP). The meetings will introduce the state process and Phase I projects currently proposed as part of the SSMP. For additional information, visit CNRA's Salton Sea Management Program website.
- Sierra Nevada Conservancy awards $3.2 million for tree mortality, forest health, and watershed restoration projects: On June 2, the Sierra Nevada Conservancy (SNC) Governing Board approved over $3.2 million in grants for projects that will address tree mortality, reduce wildfire risk, and restore forest and watershed health in the Sierra Nevada region. To learn more about project details, please visit SNC's Proposition 1 Grant Program website.
- $3.7 Million in Grant and Matching Funds Announced for Klamath River Coho Habitat Restoration Program: On June 15, the Bureau of Reclamation, NOAA Fisheries, and the National Fish and Wildlife Foundation (NFNF) announced the award of 12 grants from the Klamath River Coho Habitat Restoration Grant Program. The restoration program will serve to enhance the survival and recovery of the Southern Oregon/Northern California Coast coho salmon. For more information, view NFNF's 2016 Grant Slate factsheet.
- Interior Department Announces $30 Million in Title XVI funding for California: On June 10, the U.S. Department of the Interior announced more than $30 million in funding through the Bureau of Reclamation (Bureau) Title XVI program for seven projects that will provide clean water to California communities and promote water and energy efficiency. To learn more about these projects, visit the Bureau's WaterSMART Title XVI Water Reclamation and Reuse website.
- California's Water Conservation Education Program Campaign: On June 15, Save Our Water and Green Acres Nursery and Supply launched the #ifixeditforgood contest to highlight great ways Californians update their yards with water-friendly plants. Customers will snap and share photos of how they saved water in their landscape on Twitter or Instagram with the hashtag #ifixeditforgood and #idiggreenacres. These photos can include new water-wise landscape or plantings, improved irrigation, mulch, or attending a seminar about water savings. For additional information and official rules, visit the Green Acres Nursery and Supply website.
This summer, Save Our Water plans to update its website, provide new tools and toolkits for partners, and launch a paid media campaign in July and August. If approved by the Legislature, the 2016-17 State Budget would provide $2 million for Save Our water efforts including new locally-tailored messaging focused on long-term conservation and making permanent changes in water use. Save Our Water continues to promote the "Claim your Turf Replacement", and "Claim Your Toilet" rebate programs. For more tips and tools to help conserve water and keep trees healthy during the drought, please visit Save Our Water's website, which is available in both English and Spanish, or connect with the program on Facebook, Twitter or Instagram.
- Governor's Drought Task Force: The Task Force continues to take actions that conserve water and coordinate state response to the drought. During the June 16 meeting, the Task Force provided updates on water operations and environmental habitat, water conservation, and drought impacts and response efforts. In addition, the Governor's Tribal Advisor announced that the next Monthly Tribal Consultation Webinar on Drought Response will be held on July 12. In addition, the Department of Water Resources provided a brief summary of the June 2016 Water Conditions Fact Sheet which provides a high-level summary of California's current water conditions.
Karen Ross, Secretary
California Department of Food and Agriculture
1220 N Street, Suite 400
Sacramento, CA 95814
(916) 654-0433
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Appropriations Process "Off the Rails"
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Lawmakers on both sides of the aisle this week acknowledged the likelihood of a "normal" appropriations process for FY2017 has pretty much "gone off the rails", confirming what's long been expected, namely all 12 spending bills will be rolled into an omnibus spending package to be dealt with during the post-election lame duck session. The lack of "regular order" in marking up and moving on the floor individual spending bills has been thwarted for several years.
The lack of action before the end of the federal fiscal year on September 30, means Congress will have to pass a continuing resolution to keep the government operating. However, a counterproposal began circulating this week urging lawmakers to simply enact a continuing resolution through March, 2017, allowing a new administration and a new Congress to weigh in on the process. Both House and Senate appropriators oppose the 2017 idea.
House Speaker Paul Ryan (R, WI) and Senate Majority Leader Mitch McConnell (R, KY) will ultimately decide the path forward, but it's expected they will wait until after the November election.
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EPA Extends Comment Period on Atrazine
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EPA announced this week it's extending by two months the public comment period on its draft environmental/ecological risk assessment on the effects of atrazine, and related compounds simazine and propazine. The new comment deadline is October 4.
EPA said it was granting the extension because it had received numerous requests for more time, particularly from grower groups whose members are busy in planting season. The original request for comment was published in June, when the agency said it found the herbicide caused reproductive harm in animals.
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Food Security Act Passes House, Sent to Obama
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The Global Food Security Act, legislation designed to help end global hunger and malnutrition through assistance in achieving ag self-sustainability, was approved by the House this week on a 369-53 vote, clearing the bill for President Obama's signature.
That approval is assured given the new law includes the President's Feed the Future program on stemming world hungerwhile increasing food security. The program has been operating in 19 countries on a pilot program basis since 2010, and is part of the Obama "legacy."
Global hunger advocates said the bill does not go far enough in providing assistance. Agriculture interests, though not thrilled with the legislation, did not actively work to derail it. Concerns centered on recent efforts to replace U.S. food aid with cash payments.
Obama said, upon hearing of House approval, "I'm proud to see that Congress has passed...the Global Food Security Act...that will put our Feed the Future initiative into law. This game-changing initiative, the first of my administration, has helped increase economic growth and stem the tide of global hunger, poverty and malnutrition."
In addition to the Feed the Future initiative, the bill authorizes and funds the Emergency Food Security Program (EFSP), which provides electronic food vouchers and locally produced commodities to refugees and those living in disaster areas. Supporters of the Food for Peace Program, which provides U.S.-grown foodstuffs as foreign aid, feared the EFSP would undermine their program.
In addition to requiring the federal government to develop an administration-wide strategy for dealing with global hunger challenges, the bill authorizes about $1 billion through FY2018 to assist farmers in developing nations. However, the bill would have died a quiet death if supporters had not made House Agriculture Committee Chair Mike Conaway (R, TX) happy when it comes to conventional food aid programs, particularly Food for Peace.
"While I do have reservations about the EFSP," Conaway said, "I'm mindful of the need to keep a 'variety of tools in the toolbox' in order to effectively combat global hunger. With EFSP funding now roughly equal to that of emergency aid under Food for Peace, private voluntary organizations should have the flexibility they so desire to complement existing in-kind assistance programs."
With a goal to keep Feed the Future support of development projects separate from U.S. food aid programs, Conaway insisted and won concessions ensuring the U.S. Agency for International Development (USAID) did not change in any way what Conaway called "time-tested food aid programs," leaving these programs, their authority and funding intact. He was assured during this week's floor debate the bill would not allow USAID to force any changes in the way Food for Peace is run.
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EPA Battered over Air Rules in House Hearing
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A subcommittee of the House Energy & Commerce Committee this week held a hearing on the President's Clean Power Plan and other administration moves under the Clean Air Act, assessing their impact on energy and industry. It was not a good day to be the EPA witness.
Subcommittee Chair Ed Whitfield (R, KY) said EPA, since 2009, has published over 3,900 rules totaling 33,000 pages in the Federal Register. "These rules broadly apply across the U.S. economy, including electricity, oil and gas, and manufacturing and industrial sectors. In addition to the agency's 'Clean Power Plan,' the agency has issued over 100 greenhouse gas (GHG)-related rules...(and) members have raised concerns that the EPA is exceeding its statutory authority and effectively becoming the nation's energy regulator."
EPA Assistant Administrator for Air and Radiation Janet McCabe was repeatedly called to task by subcommittee members for not answering "yes" or "no" to direct questions, and the exchanges boiled over when Rep. Bill Johnson (R, OH) told McCabe her agency was sucking "hundreds of billions of dollars" out of the economy annually, money which should be going to creating jobs. He also accused EPA and McCabe of being "un-American" in how they approached regulations. "You obviously don't have a concern for the economic wellbeing of the very people that create the jobs in this country," Johnson said.
Another lawmaker accused McCabe of "working against industry," a charge she flatly denied. She also refuted accusations that EPA lied to consumers when the administration said the Clean Power Plan would lower consumer utility bills. EPA was accused of picking winners and losers among various energy sources, with little positive impact on the environment. Other witnesses at the hearing testified there's very little flexibility in the EPA rules, with one former Department of Energy assistant secretary saying, "It makes you choose wind or solar, period. You don't have an option." McCabe reiterated the rules are aimed at controlling pollution. "We are not requiring any particular fuel to be used, we are providing broad opportunities for industry," she said.
While several states have challenged the Clean Power Plan in federal court, McCabe said she's confident the rules will be upheld, and that the agency is working with states on how to implement the rules.
Said Whitfield, "Congress did not write the Clean Air Act (CAA) to be the vehicle for taking command of state energy planning, the efficient and economical dispatch of electricity or the production of oil and gas. Congress did not write (the act) to give EPA the ability to create new regulatory powers and authorities so it can 'transform' the nation's energy system. Yet this agency is pursuing these actions."
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| Mission to Protect California's Livestock and Poultry Populations |
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| Annette Jones, DVM,
on Animal Health & Food Safe
Dr. Annette Jones, DVM, Director of Animal Health and Food Safety Services at the California Department of Food and Agriculture, talks about the mission to protect California's livestock and poultry populations from foreign animal diseases and to ensure milk and dairy food products are safe, consistent and abundant.
http://www.cdfa.ca.gov/ahfss/ |
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DNC Platform Contains Ag
- A draft 2016 Democratic Party Platform includes a section on agriculture and rural economic concerns, issues not generally addressed by national presidential candidates. While only a few sentences long, the section pledges the Democrat Party will "work to build a stronger rural and agricultural economy...(we) will spur investment to power the rural economy and increase funding to support the next generation of farmers and ranchers." A focus on expanding local food markets is also part of the policy document, along with a "focused food safety net" to assist family operations "during challenging times." It concludes, "And we will promote clean energy leadership and collaborative stewardship of our natural resources, while expanding opportunities in rural communities across America."
Veep Selection Challenging for Trump
- A couple of weeks ago, the campaign of GOP presumptive nominee Donald Trump confirmed Trump is looking closely at at least five serious vice presidential running mate possibilities. These include Indiana Gov. Mike Pence, New Jersey Gov. Chris Christie, former House Speaker Newt Gingrich, Sen. Joni Ernst (R, IA) and Sen. Bob Corker (R, TN). As of July 8, both Corker and Ernst had removed themselves from consideration. Ernst, a rising GOP star from a major ag state, said she's focused on Iowa and the Senate - "where I'm just getting started" - and she made it clear to Trump she's flattered by his consideration, but "Iowa is where my heart is." Ernst said she'd participate in the upcoming campaign as an advocate, and admitted she believes Pence, a state governor and former House member, is the best choice for Trump's running mate.
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