Bureau Increases Water Allocations – Slightly

The Bureau of Reclamation announced another increase in the Central Valley Project 2024 water supply allocation for south-of-Delta contractors and those in the Friant Division. While all north-of-Delta CVP contractors are currently at 100% of their supplies, south-of-Delta agricultural contractors are being increased from 35% to 40%. Last week, on April 18, the Friant Division Class 1 allocation was increased from 95% to 100% and the Class 2 allocation increased from 0% to 5%.  "Hydrologic conditions have improved enough that we are able to provide this gradual increase,” said California-Great Basin Regional Director Karl Stock.  “We realize that our contractors were hoping to see a greater amount of water, and we understand how critical irrigation is to California agriculture and the surrounding communities. However, continued uncertainty in long-term hydrology and regulatory constraints necessitate Reclamation’s approach with available water supplies.”

According to the Bureau, as the water year progresses, changes in hydrology, actions that impact operations, and opportunities to deliver additional water will influence future allocations.   In response, Association President/CEO Roger Isom commented “While we appreciate any increase in the allocation, in many ways this is too little, too late.  Planting decisions are done.  Given the current reservoir conditions throughout the state as well as the snowpack, we are disappointed with the minimal allocation.  The regulatory restrictions in the delta are truly hurting the valley and every single person that lives here.  Less water means less farming, which means less jobs.”

FDA Proposes Compliance Date Extension for Pre-Harvest Agricultural Water Requirements

The U.S. Food and Drug Administration (FDA) has just issued a supplemental notice of proposed rulemaking to extend the compliance dates for the pre-harvest agricultural water provisions as outlined in the recent 2021 agricultural water proposed rule.  The 2021 agricultural water proposed rule, if finalized, will require farms to conduct annual systems-based agricultural water assessments to determine and guide appropriate measures to minimize potential risks associated with pre-harvest agricultural water. The FDA is now proposing extended compliance dates for those proposed pre-harvest requirements and is also providing clarifying information about the enforcement discretion policy for the harvest and post-harvest agricultural water requirements.  The supplemental rulemaking proposes to establish the following compliance dates for the pre-harvest agricultural water requirements for covered produce other than sprouts:

  • 2 years and 9 months after the effective date of a final rule for very small businesses;
  • 1 year and 9 months after the effective date of a final rule for small businesses; and
  • 9 months after the effective date of a final rule for all other businesses.

Compliance Dates for Harvest and Post-Harvest Agricultural Water Requirements

The 2021 pre-harvest agricultural water proposed rule did not propose substantive changes to the harvest and post-harvest agricultural water requirements in the Produce Safety Rule; however, the FDA recognizes that prior to the proposal, stakeholders did not have clarity on whether FDA might propose to change the harvest and post-harvest agricultural water requirements. In addition, the FDA recognizes that adequate training and technical assistance are needed to fully recognize the benefits of the harvest and post-harvest requirements. Therefore, we intend to continue enforcement discretion for the harvest and post-harvest agricultural water requirements of the Produce Safety regulation until the following dates:

  • January 26, 2025, for very small businesses;
  • January 26, 2024, for small businesses; and
  • January 26, 2023, for all other businesses.

FDA is reopening the comment period only with respect to the proposed compliance dates for the pre-harvest agricultural water provisions until September 19, 2022.  According to FDA, they plan to take an “educate before and while we regulate” posture as they begin implementing the harvest and post-harvest requirements. For the first year of compliance, the FDA intends to work closely with state, other regulatory, and industry partners to advance training, technical assistance, educational visits and on-farm readiness reviews to prepare both growers and state regulators for implementing these provisions prior to initiating routine inspections verifying compliance.

Biden Administration Appoints Blong Xiong as New State FSA Director

The Biden Administration recently appointed Blong Xiong as the new State Executive Director (SED) for the USDA California Farm Service Agency (FSA). Prior to his appointment, as the Executive Director for Asian Business Institute & Resource Center (ABIRC), and with over 20 years of community service, Xiong works with the Board to carry out the vision and mission of ABIRC to serve the small Southeast Asian farmers and small Asian businesses in the Central Valley. Prior to being the Executive Director for ABIRC, Xiong served two terms as a Council Member for the City of Fresno from 2007-2014, where he was the first elected Hmong Council Member in the State of California and the first Asian Council Member in the City.  He has also served as Deputy Director for The Fresno Center, a nonprofit organization that assists immigrants, refugees, and New Americans. Xiong holds a Bachelor of Science degree in Business Administration from Marian College of Fond du Lac and a master’s degree in Business Administration from National University.   As SED, Xiong will be responsible for overseeing the delivery of FSA programs to agricultural producers in California.  These commodity, conservation, credit, and disaster assistance programs ensure a safe, affordable, abundant, and nutritious food, fiber, and fuel supply for consumers. 

Welcome to WAPA

Governor Signs Ag Overtime Bill

Ignoring the pleas of real farmworkers and the agricultural industry, Governor Edmund G. Brown Jr. today signed AB 1066, the ag overtime legislation. This means that California will have the most stringent trigger of any state in the country for overtime for farmworkers, with 45 states having no overtime protection at all. The Governor signed this bill, supposedly to bring “equality to all workers”, yet taxi cab drivers, commercial fishermen, car salesmen, student nurses, computer programmers, and carnival workers all work without any overtime provisions whatsoever. The Governor signed this ag overtime bill in the same year that minimum wage legislation was also passed that will take California to the highest minimum wage as well as legislation forcing California to adopt additional greenhouse gas regulations for businesses in California. California is the only state in the country subject to such regulations. Today’s signing occurred despite numerous requests by the agricultural industry to meet with the Governor to discuss our concerns. The message is clear. California simply doesn’t care. These provisions will be phased in over the next few years ending with the overtime provisions to be triggered at 8 hours per day and 40 hours per week.

In the Beginning As folks transitioned out of cotton and into tree nuts, the industry recognized the need to have active and effective representation at the local, state and national levels. Having enjoyed such effective representation over the years from the California Cotton Ginners and Growers Associations, these folks yearned for the same representation in the tree nut processing industry. Issues such as air quality, food safety, labor, taxes, employee safety, and environmental concerns are at the forefront, and there is a significant need for an aggressive and dynamic Association to lead the industry into the next decade and beyond. In recognition of this, the Western Agricultural Processors Association was created in 2009. The Western Agricultural Processors Association (WAPA) shares staff and office space with the California Cotton Ginners and Growers Associations taking advantage of a unique and opportunistic situation. WAPA is a voluntary dues organization with four shared staff and one dedicated staff person. Regulatory, legislative and legal issues fall under the purview of this new organization for the tree nut processing industry, which includes almonds, pecans, pistachios and walnuts. From air quality permits to conditional use permits, from regulatory hearings on greenhouse gases to federal legislation on food safety, and from OSHA violations to assisting members on hazardous materials business plans, no issue is too small or too large for WAPA. WAPA has assembled one of the best and most capable staffs in the industry, and the results are already starting to show Membership The Western Agricultural Processors Association represents facilities involved in the processing of almonds, pecans, pistachios and walnuts.Membership in the Association is classified as Regular memberships are limited to almond hullers or processors, pecan and pistachio processors, and walnut dehydrators and processors. Associate memberships are limited to any individual or business entity which is not engaged in agricultural processing, but which provides products or services directly related to the agricultural processing industry. WAPA Associate members include, but are not limited to, commodity brokers, accounting firms, and insurance brokers. Organization The Western Agricultural Processors Association is governed by a Board of Directors, elected by its membership.The Board consists of up to 15 members from throughout the state, and throughout the industry.The Board meets on a quarterly basis and conducts an Annual Meeting in the spring of each year.WAPA, in conjunction with the California Cotton Ginners and Growers Associations, conducts a special training school for its members focused on safety.In combination with the school, the Association holds a Labor Management Seminar for all of the managers. Consulting Services In researching and considering the concept of forming a new organization, the Boards of Directors for the California Cotton Ginners and Growers Associations instructed staff to perform some of the work on a consulting basis first. The point was to determine the workload from consulting and to determine if there was sufficient interest. In November of 2007, the Association began conducting services under consulting contracts for such services as air quality permits and safety plans.The effort has been so successful that demand has progressed outside the tree nut industry into other agricultural processing facilities, including vegetable dehydration facilities, tomato processing facilities, and wheat mills, as well as cotton gins in Arizona.It was determined by the new Board of Directors of WAPA, that WAPA would maintain the consulting services to provide offsetting income to help with the expenses of getting the new organization up and running.Today, WAPA provides for a long list of satisfied clients in the agricultural processing industry, by providing critical services such as air quality, safety, food safety, and environmental issues (Hazardous Materials Business Plan, Spill Prevention Control and Countermeasure Plans, etc.).