NASDA News - December 8, 2009

NASDA FILES BRIEF WITH SUPREME COURT ON AQUATIC PESTICIDE CASE
Published: December 08, 2009

NASDA joined with the American Mosquito Control Association (ACMA) on Friday in filing a friend of the court brief with the United States Supreme Court asking it to hear National Cotton Council v. EPA from the Sixth Circuit Court of Appeals. 

If the Sixth Circuit Court’s decision stands, farmers, pesticide applicators, and mosquito control districts will be required to obtain, for the first time, National Pollutant Discharge Elimination System (NPDES) permits under the Clean Water Act (CWA) for pesticide applications in, over, or near water.  This would impose a series of redundant, unnecessary, and burdensome requirements on farmers and other pesticide users, and expose them to the threat of lawsuits under the CWA’s citizen action provisions. 

In its brief, NASDA and ACMA urged the Supreme Court to grant the petitions to hear the case that were filed in November by CropLife America and the American Farm Bureau.  NASDA and ACMA argued that the Sixth Circuit’s decision jeopardizes public health by impeding the work of mosquito control districts.  The brief also argues that the decision ignored federal laws governing pesticide use, specifically the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), while also burdening farmers and state regulators. 

NASDA members are co-regulators with EPA and are the state lead agencies with primacy over pesticide issues.  The decision will require states to issue permits to cover pesticide applications that are already regulated and legal under the FIFRA and state pesticide laws, laws that also enforce against the misuse of pesticide applications.  (Contact: Nathan Bowen)

CLIMATE CHANGE SUMMIT UNDERWAY, EPA FINDS GREENHOUSE GASES HARMFUL
Published: December 08, 2009

With the opening of talks in Copenhagen, Denmark, and a major regulatory announcement from the Environmental Protection Agency (EPA), the world’s focus is on climate change.  Even though the summit is no longer expected to yield binding agreements, many are hopeful for effective negotiations that will ultimately lay the groundwork for commitments during talks in 2010.  Leaders from all over the world are assembled for the conference, including President Barack Obama, who will be arriving late next week.  During the summit, there will be direct discussions related to the potential impacts and solutions for agriculture, which will include California Department of Food and Agriculture Secretary A.G. Kawamura.

Meanwhile, the Environmental Protection Agency (EPA) signaled their intentions to regulate greenhouse gas (GHG) emissions through the authority granted to them by the Supreme Court in Massachusetts v. EPA, 549 U.S. 497 (2007).  In that decision, the Supreme Court ruled that greenhouse gases, particularly from motor vehicles, were under the purview of the Clean Air Act (CAA), and that it was the role of the EPA Administrator to determine if these emissions were a threat to public health and welfare under section 202(a) of the CAA.  On December 7, EPA Administrator Lisa Jackson signed the endangerment and cause or contribute findings for GHGs.  

“These long-overdue findings cement 2009’s place in history as the year when the United States Government began addressing the challenge of greenhouse-gas pollution and seizing the opportunity of clean-energy reform,” said EPA Administrator Lisa P. Jackson. “Business leaders, security experts, government officials, concerned citizens and the United States Supreme Court have called for enduring, pragmatic solutions to reduce the greenhouse gas pollution that is causing climate change. This continues our work towards clean energy reform that will cut GHGs and reduce the dependence on foreign oil that threatens our national security and our economy.”

Being a prerequisite for proposed GHG standards for light-duty vehicles, these findings will not directly impose requirements on certain industries, including agriculture.   However, many critics believe this decision could lead to further-reaching actions from the EPA.  In a released statement, American Farm Bureau President Bob Stallman discusses these concerns.  “We realize the EPA’s stated intention is to focus this finding narrowly on specific industries, using particular thresholds, but we believe there is no protection in the provisions that prevent them from being applied broadly across all sectors, including farm and ranch families who produce livestock.”  (Contact: David Hickey)

RMA RELEASES FIRST DRAFT OF NEW STANDARD REINSURANCE AGREEMENT
Published: December 08, 2009

Last week, USDA’s Risk Management Agency (RMA) released a first draft of a new Standard Reinsurance Agreement.  This proposed agreement between the Federal Crop Insurance Corporation and the nation’s crop insurance companies was authorized by Congress in the 2008 Farm Bill.  The current agreement was most recently negotiated in 2005.  

In a USDA release, Agriculture Secretary Tom Vilsack remarked, "The Federal crop insurance program is an important part of the safety net for producers and the changes we are proposing will help protect farmers from higher costs, rein in costs for taxpayers, improve access to crop insurance and provide greater protection from crop losses.  When negotiations are complete, we expect to have in place a stronger Federal crop insurance program that helps producers better manage their risk and that serves farmers in every region of the country." 

The proposed new Standard Reinsurance Agreement presented today includes six primary objectives which RMA hopes to obtain in renegotiation of the agreement:

• Maintains producer access to critical risk management tools;
• Align Administrative and Operating (A&O) subsidy to insurance companies closer to actual delivery costs;
• Provide a reasonable rate of return to insurance companies;
• Protect producers from higher costs while equalizing reinsurance performance across States to more effectively reach under-served producers, commodities and areas;
• Simplify provisions to make the SRA more understandable and transparent; and,
• Enhance program integrity.

RMA anticipates canceling the current agreement as of Jun 30, 2010.  (Contact: David Hickey)

RECENT WTO MEETING YIELDS NO RESULTS, U.S. STILL LACKING CLEAR TRADE AGENDA
Published: December 08, 2009

The World Trade Organization (WTO) met in Geneva from November 30 - December 2, 2009 for its 7th ministerial conference, but yielded no results.  Once again, negotiations at the WTO failed to move forward, with the main stumbling block being the unresolved Doha Round. 

The lack of a strong U.S. trade agenda is considered to be a contributing factor to the impasse.  Some argue that the Obama Administration has an opportunity to take a bold approach to trade, which could help direct the global trade discussion.  However, a specific trade agenda has proven elusive, certainly not made any easier without having a U.S. Ambassador to the WTO in place.  The Administration has nominated Michael Punke, but the Senate is yet to confirm him. 

As the Office of the U.S. Trade Representative (USTR) is pushing for market access, their approach to implementing critical trade agreements has been slow.  Before making a decision on how to move forward with the Colombia and South Korea free trade agreements, the USTR published a Federal Register Request for Comments.  Their report has received over 500 responses, which they will review and analyze.  This approach addresses concerns of Congressmen pushing for more market access, while also dealing with the apprehensions from labor unions unhappy with the outcome of current free trade agreements.  The result, however, has not created a strong approach to trade.

In the meantime, on December 2, Sen. Sherrod Brown, D-Ohio, introduced the Trade Reform, Accountability, Development, and Employment Act of 2009 (S. 2821), or the TRADE Act.  This legislation will require a review of existing trade agreements, a renegotiation of existing trade agreements based on the review, establish terms for future trade agreements, as well as express the sense of the Congress that the role of Congress in making trade policy should be strengthened.  (Contact: Amy Mann)

IMMIGRATION OFFICIALS ESCALATE EMPLOYER AUDITING EFFORTS
Published: December 08, 2009

In November, the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) division announced that it would conduct an additional 1000 employer audits.  While ICE officials say the audits will take place in all 50 states, there are indications that California, Arizona, Florida, New York and Texas will be targeted.  The audits represent an expansion of an enforcement effort kicked off by ICE last summer.  In that effort, agriculture and other green industries were hit hard.  For example, five audits were scheduled for Vermont, all of which were carried out on dairy operations.  (Contact: Amy Mann)

FSIS ANNOUNCES NEW SMALL PLANT HELP-DESK
Published: December 08, 2009

This week, USDA’s Food and Safety Inspection Service (FSIS) announced the opening of a new small plant help-desk to address questions concerning agency requirements.  Catering to smaller establishments supplying meat, poultry, and egg products, FSIS will provide a knowledgeable staff specialist through a toll-free number or by e-mail.  The new program is designed to support the “Know your Farmer, Know your food” initiative to reconnect the essential link between producers and consumers.  The help-desk will be open from 8:00 a.m. - 4:00 p.m. EST, Monday through Friday, excluding Federal holidays.  Staff Specialists can be reached by phone at 1-877-FSISHelp (1-877-374-7435), or by email at InfoSource@fsis.usda.gov.  (By: Preston Asay, Policy Contact: Bob Ehart)

OK: DEPARTMENT OF AG ENTERING SOCIAL MEDIA ARENA
Published: December 08, 2009

The Oklahoma Department of Agriculture, Food and Forestry has entered the world of social media including Facebook, Twitter and YouTube and is encouraging state commodity groups to provide and share information so that events and points of interest are easily available to the general public. 

Social media will help the agency rapidly address important issues within every facet of agriculture from animal disease, feed, forestry, fertilizer, Made in Oklahoma products, Ag in the Classroom, food safety and consumer protection, said State Secretary of Agriculture, Terry Peach.  When there is a need for fast notification and clarification on agriculture concerns, social media can help.

“Given the popularity of social media and the necessity to inform the general public as well as our agriculturally based constituency we feel that becoming involved in social media is a positive and cost effective venue,” he said. “Keeping Oklahomans up to date on important ag issues in a timely and accessible manner and allowing an open channel of dialogue is important.”

As of April of 2009, Facebook had more than 67.5 million visitors to its site with users sharing more than 1 billion forms of content every week. Facebook allows for updates to fans, posting of events and interactive applications for fan participation with posts. 

The Department of Agriculture currently is posting information to social media sites that can be accessed through the website www.oda.state.ok.us. 

Viewers will be able to access upcoming events, make comments about important topics as well as ask questions that can be addressed in a public forum.  (Contact: Blayne Arthur, blayne.arthur@oda.state.ok.us). 

MI: MDA & FOOD EXPORT-MIDWEST OFFER INTERNATIONAL MARKETING HELP FOR PRODUCERS
Published: December 08, 2009

The Food Export Association of the Midwest USA (Food Export-Midwest) and the Michigan Department of Agriculture (MDA) today announced the launch of the 2010 Branded Program year. In today's adverse financial climate, this program offers Michigan producers the ability to double their international marketing budgets and reach new markets and consumers. Made possible through the USDA’s Foreign Agricultural Service, this cost-share service assists small and medium Michigan suppliers with brand promotion internationally.

In the recent USDA Agricultural Trade Update report, Michigan's agricultural exports generated more than $1.68 billion and supported over 19,000 jobs. Total U.S. agriculture exports topped $115 billion in 2008, compared to $89.9 billion the year prior.  Exports are critical to Michigan's $71.3 billion a year industry with the state exporting about one-third of its 200 agricultural commodities each year.

Once approved for the Branded Program, participants receive up to 50 percent cost reimbursement for eligible international marketing expenses such as attending approved tradeshows, foreign market advertising, public relations, in-store promotions, product demonstrations, product literature, sample freight costs, and packaging and label modification required for export.

The program applies to these and other international marketing expenses incurred from January 1, 2010 to December 31, 2010. In the 2008 program year alone, over $7 million in reimbursements was made available to Midwest Branded Program participants. Producers should act quickly as funds are allocated on a rolling basis and in order to be approved for January expenses, you must be accepted by the end of this year.

Food Export-Midwest is a private, non-profit association of Midwestern state agricultural promotion agencies that use federal, state, and industry resources to promote the export of Midwestern food and agricultural products.  (Contact: Heather Throne, throneh@michigan.gov)

MI: COUNTIES IN THE UPPER PENINSULA ADDED TO EMERALD ASH BORER QUARANTINE
Published: December 08, 2009

The Michigan Department of Agriculture (MDA) today revised its Emerald Ash Borer (EAB) quarantine to include three additional counties in the Upper Peninsula (UP) – effective immediately. A new map is available at www.michigan.gov/eab.

Alger and Chippewa counties have been added to the EAB interior quarantine as a result of infestations discovered in the fall of 2009.  Luce County was also added due to its geographic proximity to other quarantined UP counties.  The UP counties of Delta, Houghton, Keweenaw, Mackinac, and Schoolcraft remain under quarantine.

MDA continues to ask hunters and other travelers not to move firewood to help prevent the artificial spread of the emerald ash borer.  The ban on moving hardwood firewood north across the Mackinac Bridge remains in effect and quarantine violators can still face fines ranging from $1,000 to $250,000 and jail time of up to five years. Additionally, MDA’s Animal and Plant Health inspection station at the Mackinac Bridge remains in place to prevent hardwood firewood and other regulated material from entering the UP.

“MDA is still committed to protecting the ash resource in the U.P. from the artificial spread of EAB,” said Rauscher. “Although, travelers are able to freely move firewood throughout the Lower Peninsula, and now a larger area in the UP, we are urging them not to do so as there are other invasive insects besides emerald ash borer - such as Gypsy Moth, Asian Longhorned Beetle and Sirex Woodwasp - that can hitch a ride on it.  Please continue to only use local sources of firewood, burn all you buy, and don’t take any unused firewood back home or to the next location.”

Additionally, MDA is reminding campers and hunters to purchase firewood locally when visiting state parks, recreation areas and state forest campgrounds as it is a violation of state land use rules to bring ash firewood onto state forests, state parks, recreation areas, and state forest campgrounds.

The infestation in Alger County is centered on the City of Munising.  The Chippewa County infestation is in the area northeast of Brimley State Park.

The Alger County quarantine is divided into two levels - the City of Munising and the townships of AuTrain, Grand Island, and Munising are designated as Quarantine Level II, and the remaining portion of Alger County is Level III. 

The Chippewa County quarantine is also divided into two levels:  the City of Sault Ste. Marie and the townships of Bay Mills, Dafter, Soo (excluding Neebish Island), Sugar Island, and Superior are designated as Quarantine Level II, and the remaining portion of Chippewa County is Level III.

Luce County is designated as Quarantine Level III in its entirety.

The movement of hardwood firewood and other regulated material out of quarantine Level II and III areas is prohibited except regulated articles may move from Level III into Level II and from Level II in Mackinac Co. to the Lower Peninsula.  EAB is an exotic insect native to Asia that attacks ash trees. In its larval stage, EAB feeds undetected under the bark of ash trees, disrupting water and nutrient flow - ultimately killing the trees in three to four years. First discovered in 2002, the borer is responsible for the death or damage of approximately 35 million ash trees in the LP

Additional information about EAB, quarantine details, and a map of the quarantine boundaries are available at www.michigan.gov/eab or www.emeraldashborer.info.  (Contact: Jennifer Holton, holtonj@michigan.gov)

KY: COMMISSIONER FARMER APPLAUDS PRODUCERS FOR EXCEEDING $4 BILLION IN CASH RECEIPTS
Published: December 08, 2009

Agriculture Commissioner Richie Farmer congratulated Kentucky farmers for surpassing $4 billion in cash receipts for the fourth year in a row and the fifth time in the past six years.

 “Kentucky’s agriculture industry has met the economic challenges it faced this year,” Commissioner Farmer said. “The state’s efforts in agricultural diversification – led by Kentucky Proud – provide a firm foundation for Kentucky producers to grow and prosper in the years to come.”

A University of Kentucky report estimates 2009 cash receipts for Kentucky farmers will total $4.29 billion, 11 percent lower than last year’s record $4.84 billion total but even with the five-year average of $4.28 billion. UK agriculture economists set 2009 net farm income at $1.07 billion. The report was unveiled at Kentucky Farm Bureau’s 90th annual meeting Thursday in Louisville.

The report forecast 2010 farmgate receipts of $4.1-4.5 billion. UK said next year’s outlook will hinge in part on whether exports of agricultural products pick up. The report predicts gains in cash receipts for livestock and possibly “minor improvements” in sales of fruits, vegetables, greenhouse products and small grains.

Kentucky Proud is the official state farm marketing program. A 2008 UK study found that every $1 of tobacco settlement money invested in Kentucky Proud returned $4.70 in new farm income. More than 1,800 farmers, processors, retailers, restaurants, farmers’ markets, Kentucky state parks and Kentucky Farm Bureau roadside markets are members of Kentucky Proud. The program is administered by the Kentucky Department of Agriculture.  (Contact: Bill Clary, (502) 564-1137)

WI: BUY LOCAL BUY WISCONSIN TO HOST POST-HARVEST HANDLING WORKSHOPS IN EARLY JANUARY
Published: December 08, 2009

The Buy Local Buy Wisconsin Workshop Roadshow will host workshops titled “Post-Harvest Handling for Vegetable Production Quality and Success” in three locations in January.

The workshops will be in Oconomowoc Wednesday, Jan. 6; Viroqua Thursday, Jan. 7; and Eau Claire Wednesday, Jan. 20.

Fresh fruit and vegetable growers are invited to join farmers/educators Atina Diffley and Laura Frerichs for an in-depth look at the tools, techniques, and philosophies used to pack quality produce with long shelf life.  Areas covered include pre-harvest considerations; respiration and harvest; cooling, cleaning, packaging, and sorting produce; pack areas, storage, delivery and marketing. Hands-on activities will include creating post-harvest plans for various crops and trouble shooting videos of post-harvest operations. Attending this workshop will provide tools to increase profitability, produce quality and food safety, reputation in the market and economic success.

Award-winning organic vegetable farmer Atina Diffley will lead the workshop, drawing from her extensive experience in vegetable farming and agricultural consulting, in partnership with Laura Frerichs, co-owner/operator of certified organic fresh-market vegetable farm Loon Organics, farm consultant, and regular educational presenter.

The cost to attend the workshop in Oconomowoc or Viroqua is $20 per person.  This includes all workshop materials, lunch, and refreshments.  The Eau Claire workshop will take place as a part of the 12th Annual Value Added Agriculture Conference (details and registration price will vary).

For more information and to register for the workshops or the conference, go to www.datcp.state.wi.us, look under “online services,” and click on the “Buy Local, Buy Wisconsin Workshop Registration” link.  Information and registration materials are also available by contacting Kenny Monroe, kenneth.monroe@wi.gov, phone 608-224-5112.

Additional Buy Local Buy Wisconsin workshops will be offered in early 2010, including Food Safety on the Market Farm, Quickbooks 101 for Farmers, and Making Decisions about Local Food Sales Opportunities Using the Holistic Management Framework.  (Contact:  Kenny Monroe, kenneth.monroe@wi.gov)

WI: AMERICORPS FARM TO SCHOOL: HEALTHIER KIDS AND HEALTHIER BOTTOM LINES FOR FARMERS
Published: December 08, 2009

Kids and farmers in 10 Wisconsin counties are benefiting from the AmeriCorps Farm to School program this year in an effort to improve children’s diets and producers’ bottom lines.

Groups in the 10 counties received federal grants administered by the Wisconsin Department of Agriculture, Trade and Consumer Protection. For most of the recipients, this is the second year of participating in a program that touched 10,000 children during the 2008-09 school year.

Farm to School aims to combat childhood obesity by introducing children to more fruits, vegetables and other healthy alternatives. One way to do that is to connect local producer growers with school lunch programs. Many of the Farm to School projects also have school gardens, and work with Master Gardeners. Gardening and nutrition may be built into the schools’ curricula to help meet state instructional standards. Most of the schools involved have a relatively high rate of participation in the free and reduced lunch program, suggesting low incomes that may contribute to poor nutrition.

The program also provides real world work experience for AmeriCorps members. AmeriCorps is a national service program that provides tuition or student-loan payments in exchange for a year or two of community service that also pays a living allowance to participants. Farm to School places two AmeriCorps members in a school or school district, each working half time.  One helps find farmers and food businesses that want to sell products to the site, and the other provides information about nutrition and healthy eating through education and outreach.

Each project also involves partnerships with other community organizations and with volunteers.

The program is housed in the Wisconsin Department of Agriculture, Trade and Consumer Protection.  The department’s partners in the venture are the Wisconsin Department of Public Instruction, Wisconsin Department of Health Services, Wisconsin Rural Partners and Wisconsin Homegrown Lunch, a joint project of R.E.A.P. (Research, Education, Action and Policy on Food) and the UW-Madison Center for Integrated Agricultural Systems.  (Contact: Camilla Vargas, (608) 224-5017)

MN: FIFTH GENERATION FAMILY FARMERS WIN MDA AWARD
Published: December 08, 2009

A fifth generation farm family is the November winner of the Minnesota Department of Agriculture’s Good Farm Neighbor Award.  Jeron and Brenda Nathe of Melrose took over the 275 cow dairy from his parents in 2006.  The Nathe’s give credit to their hard-working family members and employees for numerous quality awards they’ve received as one of the top 10 dairy producers in the state.

Jeron Nathe says developing a sound plan for environmental stewardship is a big part of their dairy operation.  This plan includes working with county, state and national experts to meet environmental regulations and obtain proper permitting in order to reduce the potential for water quality problems.

Nathe says taking care of their animals and providing for wildlife is also part of maintaining a successful farm operation.

 “We do everything in our power to make sure our cows are healthy and comfortable.  We have to make a living and I know what we’re doing out here is good,” says Nathe. “And I think people are beginning to understand that farmers are good stewards of the land and everyone needs farmers for food and other things.”

The Nathes also do a lot to create a positive image in the community by hosting events on their farm and staying active in farm and community organizations.

Winners of the MDA’s Good Farm Neighbor Award are selected by a committee representing the University of Minnesota, the Minnesota Pollution Control Agency, the Minnesota Soybean Research and Promotion Council, the Minnesota Corn Growers Association and the MDA.

Nominations can be emailed to margaret.hart@state.mn.us or mailed to Good Farm Neighbor Award, Minnesota Department of Agriculture, 625 North Robert Street, St. Paul, Minnesota, 55155.  A nomination form can be downloaded here.  (Contact: Michael Schommer, michael.schommer@state.mn.us)

MN: MDA URGES FARMERS AND OTHER DIESEL USERS TO WINTERIZE FUEL NOW
Published: December 08, 2009

With some fall fieldwork still underway, the Minnesota Department of Agriculture (MDA) is reminding farmers to winterize their diesel fuel.  Colder temperatures may cause problems for equipment still running on non-winterized or #2 diesel.

According to MDA Commissioner Gene Hugoson, a mild November may have caused some diesel fuel users to postpone the switch to winterized diesel.

 “A delayed harvest has forced many farmers to remain in the fields long past the time they have normally completed work,” Hugoson said.  “But we must remember it is December and it is Minnesota.  I encourage producers to winterize their diesel fuel now.”

Below 20 degrees, wax crystals begin to form in #2 diesel fuel.  These will clog the fuel filter and stop the engine as the temperature drops toward zero degrees.  Switching to a winterized or #1 diesel blend will keep the fuel moving even as temperatures drop below zero.

Farmers and others who operate diesel powered equipment are encouraged to talk to their fuel supplier for the best option for an additive to their fuel.  (Contact: Michael Schommer, michael.schommer@state.mn.us)