CARB Passes Final End to Agricultural Burning in San Joaquin Valley

While the end has been preordained for some time due to the passage of SB 705 (Florez), the final death sentence was handed down by the California Air Resources Board (CARB) this past week.  The decision was in response to the proposed phase-out plan adopted by the San Joaquin Valley Air Pollution Control District last November.  CARB initially said it wasn’t enough and issued a staff report that sped up end dates for certain burning and set an absolute end date on January 1, 2025.  It should be noted that even this wasn’t enough for the environmental justice community or some of the CARB Board members, as many called for end to all agricultural burning right now.  Association Director of Technical Services Christopher McGlothlin testified on the proposal citing the need for time for newer technologies to come on line that would replace the old biomass facilities.  McGlothlin highlighted several companies and technologies that the Association has been working with over the past five years, but have not quite reached the finish line.  Association President/CEO Roger Isom also testified and argued that many of the state’s own policies have contributed to the problem with the requirement for biomass plants to burn 80% forestry waste and the waste diversion requirement for landfills that has resulted in landfills not accepting ag waste any longer.  Isom also stated we need significant funding to help growers, especially smaller ones, pay for chipping and incorporating the material back into the soil and for the new technologies to get up and running.  Thankfully, the CARB did not end burning this year, giving a slight reprieve until 2025 and some board members pledged to help get the funding necessary to solve the problem.

Be on the Lookout: New Form Required for Some NRCS Customers

If you are a producer or landowner who participates in USDA’s Natural Resources Conservation Service (NRCS) conservation programs, the Farm Service Agency (FSA) may be reaching out by mail with information about a form you’ll need to fill out.  Starting this year, all producers and landowners participating or applying to participate in certain NRCS conservation programs must complete form CCC-902, Farm Operating Plan. “In California, this new form will be needed for customers who are selected for funding in both EQIP batch periods ending March 3 and June 9,” stated Carlos Suarez, state conservationist for the USDA Natural Resources Conservation Service.  Historically, to participate in these programs, legal entities could file either the CCC-901, Member Information or the CCC-902, while individuals were not specifically required to file the CCC-902 with FSA. Now, to ensure FSA and NRCS are properly determining payment eligibility and maximum payment limitations, all customers must have a CCC-902 on file to establish eligibility.  These changes will not affect participants who already have a Form CCC-902 with a “determined” status recorded with FSA.   Customers who do not have a CCC-902 on file with FSA will be sent a letter in the mail in the coming weeks with detailed information on what is needed and how to file the form. The letter requests that the form be completed within 30 days of receipt of the letter.  For added convenience, USDA is offering options for remote or in-person submission of the CCC-902.   Fiscal year 2021 is considered a transition year to ensure all NRCS program participants can meet this updated filing requirement. Beginning in FY 2022, if form CCC-902 is not on file your payments may be impacted.

WAPA Assists with Produce Safety Rule Inspections

The California Department of Food and Agriculture (CDFA) continues routine inspections on the Produce Safety Rule (PSR) of farms and hullers. Last week, Western Agricultural Processors Association (WAPA)’s Director of Regulatory Affairs and Food Safety assisted a walnut huller member in preparation of and was onsite for an official PSR inspection. The duration of the PSR inspection was brief, lasting only two hours due to the fact that they were prepared with all the proper documentation beforehand. The inspection was successful with no findings. WAPA is prepared and can assist you leading up to a PSR inspection and on the day of the inspection.
You should know:

  • Inspections are announced and will be scheduled a week in advance.
  • You will receive an FDA Form 482 "Notice of Inspection" at the beginning of the inspection.
  • You will receive an FDA Form 4056 at the conclusion of the inspection with any findings. You have 24 hours after the inspection to provide documentation you were unable to provide during the inspection.

Remember if you have an operation with more than $250,000 in average annual sales over the last three years, and are covered by the PSR, you may be inspected by CDFA. All safety protocols for COVID-19 are followed during inspections. The inspections can occur during the growing or harvest season for tree nuts. For more information on key findings from other
Although a food safety plan is not required, we highly recommend having a plan that collects all the necessary documentation. This will also make the inspections go smoother and quicker.  If you have any questions or need a food safety plan, please contact our Director of Regulatory Affair and Food Safety Priscilla Rodriguez at (559) 455-9272.

SJV Air District Launches Low Dust Nut Harvester Incentive Fund

This week, the San Joaquin Valley Air Pollution Control District (Air District) launched another incentive fund targeting low dust nut harvesting equipment.  This program makes available $12.5 million dollars for the conversion of older harvesting equipment with new, low dust technology.  This program was made available through the application of grants awarded through the Environmental Protection Agency (EPA) and administered through the local Air District.  The Low-Dust Nut Harvester Replacement Program will pay 50%, or as much as $150,000 per new unit, with the replacement of an older unit.   If you are interested in participating, please visit the Low-Dust Nut Harvester Replacement Program website at: http://valleyair.org/grants/low-dust-nut-harvester.htm or contact staff by phone at (559) 230-5800.

WAPA Continues to Ensure Members are ready for Produce Safety Rule Inspections

Last week, the Western Agricultural Processors Association (WAPA)’s Director of Regulatory Affairs and Food Safety participated in two On Farm Readiness Review (OFRR) for the Food Safety Modernization’s Act (FSMA) Produce Safety Rule. During the OFRR, California Department of Food and Agriculture (CDFA) inspectors do a mock inspection to assess the huller/grower’s readiness for the Produce Safety Rule. The mock inspection consists of a conversation about the food safety practices of the farm and how they align with the Produce Safety Rule. Health & hygiene, worker food safety training, sanitation and required records are amongst the topics discussed. At the conclusion of the OFRR, the CDFA inspector will provide any recommendation to the huller/grower.

OFRR’s are being offered to farms that are considered small (less than $500,000 in average annual sales and more than $250,000) or very small (less than $250,000 in average annual sales and more than $25,000). If you are interested in setting up an OFRR for your facility or need help with your PSR required documents, please feel free to reach out to our Director of Regulatory Affairs and Food Safety Priscilla Rodriguez at This email address is being protected from spambots. You need JavaScript enabled to view it..

  1. Lab Instruction Begins for Tree Nut Processing Course
  2. Summary on Changes to the Transport Refrigeration Unit Rulemaking
  3. Bi-Weekly Bull Sessions
  4. COVID-19 Vaccine Phases and Tiers

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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.).