Friday, April 18, 2008

Cargo Securement Update

On Tuesday, I participated in a meeting with the CHP that included about thirty representatives from agriculture and trucking interests. The primary purpose was to provide an update on the status of the new federal cargo securement requirements for the 2008 harvest season. As the situation currently stands, the Federal Highway Carrier Safety Administration (FHCSA) is still in the process of evaluating the testing results from last fall and developing the new regulations. So, at this point we don’t know for sure what we’ll be facing until the proposed regulations are publicly released. During the discussion two primary concerns were discussed based on the testing results. Evidently, there is a problem with load shifting under the current securement practices for plastic and wooden bins. Therefore, it’s likely that these loads may have to be reinforced with additional strapping or blocking. It’s unclear to what extent, if any, the new requirements will pose for these types of loads. The other concern, preventing the loss of load from tomato tubs, is much more problematic. Currently, several options (tarping, level loading or loading low) are on the table. However, none are workable from the tomato industry’s perspective. Although the FHCSA and CHP seem open to finding a workable solution, it’s going to be tough to resolve.

Fortunately, neither the FHCSA nor the CHP is ready to move forward with the new securement regulations in time for the 2008 harvest season. Therefore, the CHP will seek another exemption similar to what we had this past year. In the meantime, once the proposed regulations are released by the FHCSA, there will still be a lengthy period for public comment, possible revisions and the development of enforcement procedures. So, with the issuance of a new exemption through 2008 and the time consuming nature of the federal/state regulatory processes, there will hopefully be sufficient time for everyone to find cost effective solutions for their load securement practices. Since the current exemption expires on April 30, we should know within the next couple of weeks as to whether or not the new exemption is approved.

Legislative Update

The following bills of interest passed the Assembly Agriculture Committee on Wednesday:

• Williamson Act – AB 1764 (Blakeslee) –
  Includes plant products used for biofuels in the definition of "agricultural commodity" within the Williamson Act and expands the definition of open space use within the Act to include an area enrolled in the United States Department of Agriculture's Conservation Reserve Program or Conservation Reserve Enhancement Program.
   
• Brucellosis Indemnification – AB 2824 (Berryhill) –
  Deletes and recasts the provisions for indemnity payment for animals slaughtered due to Brucellosis control to conform to other code sections, and changes the payment amount from a fixed amount for nonreactive animals to an appraised amount.
   
• Direct Marketing – AB 2168 (Jones) –
  Makes a number of definitional changes to existing law that authorizes the direct marketing of agricultural products. Specifically it clarifies who direct sale consumers are, in order to avoid banning sales to people intending to resell the products. It also allows farmers to sell their processed farm product at farm stands with an appropriate level of food safety oversight.
   
• Milk Hearings – AB 2850 (Villines) –
  Makes a number of technical changes to the administrative hearing process relating to milk pooling and pricing. It also restricts any decision concerning the milk pooling plan come from only that evidence and data submitted during the hearing and is supported by evidence and data submitted.

During that same Ag Committee meeting there were also several bills that were voted upon relating to the Light Brown Apple Moth (LBAM) eradication project. The most onerous bills were defeated because they would have made it impossible for any aerial eradication project to be conducted. However, the following bills were passed by the committee with industry support or neutrality:

• Invasive Pests – AB 2763 (Laird) –
  In response to the LBAM eradication project, the bill intends to deal proactively with invasives by requiring CDFA to develop a list of potential invasive plants, pests, and diseases that are likely candidates to enter California. The bill directs CDFA, on its highest priority of invasives, to identify of the best possible treatment option, material and method, and listing of the selected pesticide's active and inert ingredients, along with the latest science of the pesticide's impacts to the public and upon the introduction the pest, plant or disease it describes further requirements.
   
• Public Hearings – AB 2765 (Huffman) –
  Requires the Secretary of CDFA or CAC, prior to aerial application of a pesticide under an eradication project in an urban area, to hold at least one public meeting as described, and lists all ingredients of the pesticide used in its formula.
   
• Pheromone Studies – ACR 117 (Laird) –
  Outlines the history of LBAM activities and requests CDFA and other agencies to answer concerns over health and environmental impacts of the pheromone pesticide and aerial applications, and asks for an independent analysis of such impacts.

Governor Schwarzenegger Supports LBAM Project:

Earlier in the week during an interview with a local ABC station in Salinas, the Governor expressed his strong support for the LBAM project. The brief transcript went as follows:

ABC: Will you comment on LBAM spraying?

Governor: It’s important we do everything we can because it can destroy our agriculture products and harm our environment. Other countries can cut off our agriculture trade. Public safety is my number one priority and there is nothing that shows this program is unsafe.

ABC: Senator Migden is proposing legislation to prevent spraying before an EIR is done. Do you have a position?

Governor: We have done all the studies in the world and nothing says it is unsafe. We wouldn't spray if it were unsafe.

ABC: You would look these people in the eye and tell them it is safe?

Governor: This is safe. The spraying is safe and there is nothing that says otherwise.

Ag Research & Extension Symposium

A two day Symposium on Agricultural Research and Extension will be held in Sacramento on June 18-19, 2008 at the Marriot Courtyard near Cal Expo. Sponsored by the University of California and the California Commodity Committee, the symposium is intended to highlight the importance of agricultural research and extension in California. It will also assist participants in developing a strategy for the next century for promoting and funding commodity research and extension work.

The program will cover a variety of issues relating to trends in public investment, research priorities and funding. Registration and program information can be found at http://forestry.berkeley.edu/ccc/.

State Board of Food & Agriculture

Governor Arnold Schwarzenegger appointed two new people to the State Board of Food and Agriculture:

• Kerry Tucker, 60, of Poway, is the chief executive officer of Nuffer, Smith, Tucker Incorporated, a public relations consulting firm. Tucker is a Republican.
   
• Donald Valpredo, 69, of Bakersfield, is president of Donald Valpredo Farms. Valpredo is a Republican.

The Governor also reappointed the following individuals:

• Ashley Boren, 46, of San Francisco, has served on the board since 2005. Boren is executive director of Sustainable Conservation, a nonprofit environmental group that collaborates with agricultural industries to solve environmental problems. Boren is a Democrat.
   
• Luawanna Hallstrom, 48, of Rancho Santa Fe, has served on the board since 2005. She is chief operating officer and general manager of Harry Singh and Sons, the largest single vine-ripe tomato producer, and business manager for Oceanside Produce. Hallstrom is a Republican.
   
• Craig McNamara, 57, of Winters, has served on the board since 2001. McNamara is owner and president of Sierra Orchards. He also founded and serves as president for the Center for Land-Based Learning. McNamara is a Democrat.
   
• Adan Ortega Jr., 45, of Fullerton, has served on the board since 2005. He’s deputy managing director for GCG Rose & Kindel, a public advocacy firm. Ortega is decline-to-state.