NASDA News - February 23, 2010

SUPREME COURT DENIES PESTICIDE CASE
Published: February 23, 2010

On Monday, the U.S. Supreme Court denied a petition to hear a case from the Sixth Circuit Court of Appeals that would require Clean Water Act permits for pesticide applications in, over, or near water.

“We are disappointed with the Supreme Court’s decision to not hear the case,” stated NASDA’s Executive Director Stephen Haterius.  “We believe the case was wrongly decided and ignores important elements of other existing statutes, particularly the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which was specifically passed to regulate pesticides.” 

In December, NASDA filed a brief along with the American Mosquito Control Association urging the Supreme Court to grant petitions to hear the case that were filed in November by CropLife America, the American Farm Bureau, and other agricultural organizations.  NASDA’s brief argued that the Sixth Circuit’s decision not only jeopardizes public health by impeding the work of mosquito control districts, it ignores federal laws governing pesticide use, specifically FIFRA. 

Also, NASDA’s brief emphasized that the decision would unduly burden farmers and state regulators.  NASDA members, who are the lead pesticide regulators in most states, also requested the Sixth Circuit rehear the case in May.  That request was denied. 

“This decision by the Supreme Court imposes a series of redundant, unnecessary, and burdensome requirements on farmers and other pesticide users, exposing them to the threat of lawsuits under the Clean Water Act’s citizen action provisions,” explained Haterius.   (By: Julie Adams, Contact: Nathan Bowen)

EPA SETS TIMETABLE FOR GREENHOUSE GAS REGULATIONS
Published: February 23, 2010

Amidst Congressional efforts to halt their efforts to address greenhouse gas (GHG) emissions under the Clean Air Act (CAA), the Obama Administration laid out a prospective timetable for phasing in permit requirements and regulations of GHG for large stationary sources. 

In a letter responding to eight moderate Senate Democrats concerned with the timing and process for regulations, EPA Administrator Lisa Jackson presented her expectations for the coming years.  To begin, Administrator Jackson assured that no action will be taken in calendar year 2010.  However, beginning in the first half of 2011, she expects facilities already required to apply for CAA permits, as a result of their non-GHG emissions, will need to address their GHG emissions in their permitting applications.  Altogether, the Administrator anticipates fewer than 400 facilities will be impacted at this time.  Throughout 2011, other large sources will be phased-in.  Between late 2011 and 2013, she expects the threshold for permitting to be much higher than 25,000-tons, which was the previous limit proposed by EPA.  In any case, Administrator Jackson does not expect any smaller sources to be subjected to the permitting prior to 2016.

During its 2010 Midyear Legislative Conference earlier this month, NASDA joined over 100 agricultural organizations in support of a Congressional resolution of disapproval of the EPA’s GHG endangerment rule.  The resolution, which must be agreed to by both bodies of Congress and eventually signed by the President, was introduced by Sen. Lisa Murkowski (R-Alaska). (Contact: David Hickey)

SLIMMED DOWN JOBS BILL SET TO PASS SENATE
Published: February 23, 2010

With five Senate Republicans voting for cloture last night on Senate Majority Leader Harry Reid’s (D-Nev.) slimmed-down jobs bill, it appears the Senate may send the legislation over to the House of Representatives as early as tonight.  As NASDA News reported last week, the legislation does not include several critical agricultural provisions, including reinstatement of the federal biodiesel tax credit and $1.5 billion in disaster assistance for 2009 weather-related crop losses.  These provisions were included in an earlier version of the bill, which was introduced by Senate Finance Committee Chairman Max Baucus (D-Mont.) and the panel’s ranking member, Senator Charles Grassley (R-Iowa).

Responding to the removal of the vital agriculture pieces, NASDA President Ed Kee sent a letter to Senate Leadership urging they immediately work on legislation to address these key provisions.  It is unclear the next steps Majority Leader Reid will take in regards to additional job creation.  Multiple sources have reported that there is potential legislation in the works that may include provisions originating from the Senate Finance bill; however, nothing has materialized yet. (Contact: David Hickey)

CHAIRMAN PETERSON INTRODUCES LEGISLATION TO EXPAND AG EXPORTS TO CUBA
Published: February 23, 2010

House Agriculture Committee Chairman Collin Peterson (D-MN) introduced legislation today to expand U.S. agriculture exports to Cuba. The bipartisan bill, the Travel Restriction Reform and Export Enhancement Act (H.R. 4645), is co-sponsored by 30 other Members of Congress, including Representatives Jerry Moran (R-KS), Rosa DeLauro (D-CT), and Jo Ann Emerson (R-MO).

The legislation contains a provision requiring agricultural exports to Cuba to meet the same payment requirements as exports to other countries by requiring payment when the title of the shipment changes hands.  Current Office of Foreign Assets Control (OFAC) regulation narrowly defines the term “payment of cash in advance” for sales to Cuba and restricts cash payments for U.S. agricultural goods sold to Cuba to payments received prior to shipment of the goods from U.S. ports.  This restriction is contrary to the Trade Sanctions Reform and Export Enhancement Act of 2000 (Export Enhancement Act), which allows for the shipment of agricultural goods under a broader interpretation of “payment of cash in advance” terms.

H.R. 4645 also contains a provision to eliminate the expensive and discriminatory requirement that payments to U.S. agricultural sellers must pass through banks in third countries.  Currently, Cuba must wire payments for U.S. goods through a third country bank in order for U.S. banks to receive the cash for the U.S. product to be delivered.  This process comes with a high fee increasing the cost of purchasing agricultural goods from the United States.  Having to go through a third country bank puts U.S. products at a disadvantage to those of our competitors.  While U.S. telecommunications companies are authorized to make payments directly to their Cuban counterparts, U.S agriculture is singled out by law for the expensive, unnecessary, and discriminatory requirement that payments must flow through foreign banks.

The legislation also would lift all restrictions on U.S. citizens traveling to Cuba.  This would facilitate agriculture sales.  (Contact: Amy Mann)

PETERSON TALKS FARM BILL, BUDGET RECONCILIATION
Published: February 23, 2010

House Ag Chairman Collin Peterson (D-MN) broached the idea that the next farm bill could be passed via the budget reconciliation process in 2011, instead of 2012 when the current farm bill expires.  Peterson emphasized that while he isn’t advocating that process, federal budget constraints may force Congress’s hand and that all spending programs would be on the table for changes through reconciliation.  Peterson has stated that he intends to hold farm bill hearings in Washington, DC this spring and field hearings in July.  (Contact: Nathan Bowen)

CONSERVATION RESERVE PROGRAM SIGNUP POSSIBLE
Published: February 23, 2010

A general signup for the Conservation Reserve Program (CRP) could take place this June for the first time since 2006. The administration’s budget predicts that the enrolled acres at the end of this fiscal year will decrease to 31.4 million with 4 million acres expected to expire.  USDA estimates that 2.9 million acres are estimated to be eligible during the June signup.  (Contact: Nathan Bowen)

STIMULUS FUNDING ANNOUNCED FOR CRITICAL WATER AND WASTEWATER PROJECTS
Published: February 23, 2010

Last week, Agriculture Secretary Tom Vilsack announced over $128 million in funding for water and wastewater infrastructure.  Funded through the American Recovery and Reinvestment Act (ARRA), USDA’s Rural Development Water and Environmental Program will provide loans and grants in 19 different states.  Altogether, this money will be allocated for 47 projects.  For more information on the program and a complete list of projects, please visit the USDA website.  (Contact: David Hickey)

VA: SPECIALTY FOOD ADVISORY COMMITTEE PROMOTEs VA’S SPECIALTY FOODS
Published: February 23, 2010

The Virginia Department of Agriculture and Consumer Services (VDACS) is pleased to announce new members Chad Zakaib of Jefferson Vineyards, Kathy Davis of Richmond-based Pohlig Brothers, Kate Collier of FEAST! in Charlottesville and Steven Lynch of Montebello Kitchens in Gordonsville have joined Virginia’s Specialty Food Advisory Committee.

Todd P. Haymore, former VDACS Commissioner and current Secretary of Agriculture and Forestry under Governor Bob McDonnell, created the committee in 2007 to collaborate with and advise the department on various aspects involving the marketing and promotion of Virginia’s specialty food industry.

 “I am pleased to welcome the new members and their particular expertise and private sector backgrounds to the Specialty Food Advisory Committee.  Working together with the committee’s current members, these individuals will help guide VDACS’ marketing and promotion efforts, including the Virginia’s Finest program, on behalf of the state’s successful and growing specialty food industry,” said Haymore.

The Committee has announced that its annual educational conference will take place March 22 – 23 in Richmond in conjunction with the biennial Virginia Food and Beverage Expo scheduled March 24 at the Greater Richmond Convention Center. (Contact: Kendra Bailey Morris, 804-786-2287)

MN: MARKETING EXPERT JANE ECKERT HEADLINES MINNESOTA GROWN WINTER WORKSHOP
Published: February 23, 2010

Agriculture marketing expert Jane Eckert is a returning headliner to the Minnesota Grown winter event and this time she’ll help direct marketers navigate social networking sites.  Eckert’s presentation will focus on how to bring more customers to your website and how to convert those site visitors to more on-farm customers.  She’ll also offer ideas on how to successfully direct market ag. products in the current economic climate. 

Eckert is credited with developing her family’s apple orchard into one of St. Louis, Missouri’s most popular tourism destinations, attracting over 400,000 guests each year.  She is the recipient of many agritourism and marketing awards and is a past president of the North American Farmers’ Direct Marketing Association.

The workshop is from 9:30 a.m. – 2:30 p.m. Thursday, March 11, 2010 at the Minnesota Department of Agriculture (MDA) offices at 625 North Robert Street in St. Paul.  Additional interactive video conferencing will be provided at Central Lakes College in Staples and Lake Superior College in Duluth.  (Contact: Margaret Hart, 651-201-6131)

OK: OKLAHOMA COMMUNITIES ENCOURAGED TO CELEBRATE ARBOR WEEK
Published: February 23, 2010

A day is set aside each year in Oklahoma, as in many other states, to show just how much trees are appreciated.  Arbor Week is just around the corner and since 1901—the state’s first official Arbor Day—Oklahoman’s have annually observed this tree planting tradition.

The Oklahoma Dept. of Agriculture, Food, and Forestry is encouraging communities, schools and individuals to plan an activity during the state Arbor Week March 21 – 27, 2010.

Oklahoma Forestry Services is proud to announce the state level winners of the 2010 Arbor Day National Poster Contest. The theme of this year’s contest was “Trees are Terrific…and Energy Wise!”

Fifth graders from across Oklahoma participated in this competition celebrating trees.  First place winner, Caden Unger hails from Maryetta School in Stilwell where a special tree planting ceremony will occur during Arbor Week. Unger’s winning poster will be submitted to the national contest with top winners from across the country. Oklahoma has won the national competition for the past 2 years!

Other Oklahoma winners are second place- Taylor Scoggin, Cross Timbers Elementary,  Edmond; third place - Annie Wise, Holland Hall Middle School, Tulsa;  Honorable Mention were awarded to Danielle Brown, Washington Elementary, Norman and Alex Munoz, Washington Irving Elementary, Edmond.  (Contact: Jack Carson, 405-522-4575)

MD: STATE DEPARTMENT OF AGRICULTURE JOINS MARYLAND GREEN REGISTRY
Published: February 23, 2010

The Maryland Department of Agriculture has been approved as a member of the Maryland Green Registry, Agriculture Secretary Buddy Hance announced today.  Maryland’s Green Registry includes more than 150 public and private-sector organizations that have implemented at least five practices toward a greener working environment and provides tips and resources for incorporating green practices.

“We are proud to be recognized for our sustainable practices at the department and now encourage Maryland farmers and other agricultural-related businesses to join the Maryland Green Registry,” said Agriculture Secretary Hance.  "We look forward to working with other participants to build a smart, green and growing future for Maryland."

MDA was approved for its overall commitment to environmental sustainability. Among its green activities, the department has nearly completed its $2.32 million energy conservation and facility improvement projects. Under Governor Martin O’Malley’s “EmPOWER Maryland” initiative, the State of Maryland will reduce energy consumption by 15 percent by the year 2015. 

Additionally, the projects will have significant environmental impact by reducing greenhouse gases including 2.98 million pounds of carbon dioxide (CO2), which is equivalent to the amount of CO2 emitted by powering 120 homes, within the life of the 14-year contract. Other reductions include: 7,600 pounds of NOx, 21,900 pounds of SOx.  (Contact: Sue duPont, 410-841-5889)

MT: DEVELOPMENT COUNCIL SELECTS GROWTH THROUGH AGRICULTURE PROJECTS
Published: February 23, 2010

The Montana Agriculture Development Council has offered funding totaling $401,167 to 13 agricultural development projects under the state's Growth Through Agriculture program, according to council Chair David Tyler.

The Agriculture Development Council oversees the program, which provides financial assistance to develop new products or innovative ideas that enhance our state's agricultural industry.

The Montana Agriculture Development Council heard presentations on 26 proposed projects at a meeting February 10-11 in Helena. Council members are: David Tyler of Belgrade, chair; Ervin Schlemmer of Joliet, vice-chair; Patricia Quisno of Harlem; Verges Aageson of Gildford; Bill Koenig of Kalispell; Ron de Yong, director of the Montana Department of Agriculture; Tony Preite, director of the Montana Department of Commerce.  (Contact: Collin Watters, 406-444-2402)

PA: STATE PRESERVATION BOARD PROTECTS ADDITIONAL FARMLAND FROM DEVELOPMENT
Published: February 23, 2010

The Pennsylvania Agricultural Preservation Board today voted to safeguard 3,346 additional acres on 36 farms from future development through the state’s nationally recognized farmland preservation program.

During the program’s 22-year history, 432,054 acres on 3,964 farms have been preserved for future agricultural production.

 “Pennsylvania’s commitment to preserving farmland is second to none nationally,” said Agriculture Secretary Russell Redding. “Every citizen benefits from farmland preservation. Through increased food production, improved environmental stewardship and enhanced local economies, preserved farms represent the commitment producers have to their communities.

“I applaud those farmers who have taken this important step to protect their farm in perpetuity – meaning it will always remain available for agricultural production. It is with this kind of forward thinking that we can keep Pennsylvania growing.”

The state’s farmland preservation program works through the Pennsylvania Agricultural Conservation Easement Purchase Program, which was developed in 1988 to help slow the loss of prime farmland to non-agricultural uses. The program enables state, county and local governments to purchase conservation easements, also called development rights, from owners of quality farmland.

Since the program’s inception, state, county and local governments have invested more than $1 billion to preserve farms.  (Contact: Nicole Bucher, 717-787-5085)

OK: FREE DISPOSAL OFFERED FOR UNWANTED PESTICIDES
Published: February 23, 2010

Unwanted pesticides can be taken to any one of three locations in March for free, safe disposal.  Even pesticides that are no longer legal may be disposed of at no charge and with no risk of penalty or fine.

The locations and dates are as follows: Helena Chemical 310 East Jensen, El Reno, March 2; Angus Valley Equipment, 3/4 mile east of the Hwy 56 & Hwy 9 intersection on Hwy 9, Wewoka, March 4; and the Red River Coop, 100 Yerby Street Hugo.

The Unwanted Pesticide Disposal Program is funded through the Oklahoma Department of Agriculture, Food and Forestry and is a cooperative effort of that agency, the Oklahoma State University Extension Service’s Pesticide Safety Education Program and the Oklahoma Agribusiness Retailers Association.

This program provides a safe and economical way to dispose of the cancelled, suspended, expired, unwanted, unused and unstable pesticides, said Jason Baker, ODAFF Consumer Protection Services.  Some of these materials are very old and are in containers that are deteriorating.

Some, such as chlordane, DDT, and mercury-based pesticides are so toxic to humans and hazardous to the environment that they are no longer allowed to be used, he said.  Possession of these chemicals is not against the law, but using them or disposing of them improperly can result in violating state and federal pesticide laws.

The state contracts with Clean Harbors, a licensed hazardous waste company to collect and dispose of the unwanted pesticides.  While there is no cost for disposing of pesticides in amounts of less than 2,500 pounds, a charge of $1 per pound is charged for amounts of more than 2,500 pounds and a charge of $2.22 per pound is assessed for mercury based pesticides.

Since 2006 the program has collected and disposed of 469,778 pounds of unwanted pesticides.  (Contact: Jack Carson, 405-522-4575)

CO: WORKSHOP HELPS COLORADO FOOD COMPANIES MARKET PRODUCTS
Published: February 23, 2010

From savory sauces and succulent meats to decadent chocolates and tasty snacks, Colorado is home to a variety of food processing businesses. An educational workshop on Thursday, April 22, is designed to help food manufacturers market their locally made products. The workshop is from 8a.m. to 4p.m. at the Community College of Aurora, 16000 E. CentreTech Parkway, Aurora, Colo.

 “Whether you are just starting a food business or you have been in business for years, this is a great workshop to fine tune your marketing skills,” said Wendy White, marketing specialist for the Colorado Department of Agriculture. “Our goal is to help companies identify effective ways to market their products.”

The one-day workshop features practical advice from professionals covering topics such as brand building, marketing plan development, cost effective promotions, retail marketing, business growth, food labeling and internet communications. In addition to the presentations, participants also have an opportunity to learn from their peers by networking with representatives from other food processing companies.

The registration fee is $35 per person if postmarked by April 9 and $45 after the deadline. Registration includes the program, workshop materials, breakfast and lunch. (Contact: Wendy White, 303-239-4119)

MO: MONEY FOR NUTS (FRUITS AND VEGETABLES, TOO)
Published: February 23, 2010

Do you have a great idea for increasing sales of Missouri-grown fruits, nuts, vegetables or nursery stock? Has your group developed a plan to teach kids about healthy eating? Would you like to promote local foods, organic crops or sustainable agriculture? The Missouri Department of Agriculture wants to help.

Groups and organizations involved in the production or marketing of grapes, nuts, vegetables and other non-traditional crops are encouraged to apply for their share of more than $300,000 to be distributed in the 2010 Specialty Crops Block Grant Program.

 “By seeking new ways to enhance the competitiveness of markets, specialty crops provide alternative avenues of income,” said Director of Agriculture Dr. Jon Hagler. “The specialty crop grants will help producers improve efficiency, reduce farm costs, address environmental concerns and increase marketing of their operations.”

The grants are intended to enhance the competitiveness of specialty crops, which are defined as fruits, vegetables, tree nuts, dried fruits and nursery crops, including floriculture. These crops allow producers to succeed on smaller acreages and often are resistant to swings in markets that plague traditional agricultural commodities.

This year’s selection process will favor organizations directly involved in education, food safety and the marketing, promotion and production of specialty crops. Fewer than 25 percent of grant funds will be awarded to research projects. Proposals for grant amounts up to $30,000 per project will be considered.

The grants are administered by the department’s Agricultural Business Development Division and funded through USDA’s Agriculture Marketing Service. Grant applicants are encouraged to show how a project or proposal would benefit the public or the specialty crop industry. While projects that solely benefit individual businesses or groups are not eligible, individual producers and organizations are encouraged to form partnerships that advance particular crop sectors or the specialty crops industry as a whole.

In 2009, 13 Missouri agricultural groups and organizations received almost $270,000 through the program, with grants averaging about $18,000 each. This year, $307,000 will be awarded to specialty crop producers, marketers and educational institutions in Missouri, representing the largest distribution in the state since the program’s inception in 2004.  The deadline for applications is March 31.  (Contact: Misti Preston, 573-751-8596)