Last month, the Cal/OSHA Standards Board approved the new regulation entitled Heat Illness Prevention in Indoor Places of Employment and applies to most indoor workplaces, such as restaurants, warehouses, and manufacturing facilities. For indoor workplaces where the temperature reaches 82 degrees Fahrenheit, employers must take steps to protect workers from heat illness. Some of the requirements include providing water, rest, cool-down areas, and training.   Additional requirements, where feasible, apply where the temperature reaches 87 degrees such as cooling down the work area, implementing work-rest schedules, and providing personal heat-protective equipment.

This week, the Office of Administrative Law (OAL) gave final approval of the regulation, and it is effective immediately.  The Association is working on specific guidance for our member, so be on the lookout for that very soon.  Meanwhile, here is Cal/OSHA’s comparison of the Outdoor and Indoor heat Illness Regulations:

Comparison of Indoor and Outdoor Heat Illness Prevention Standards

The Association hosted California Assembly Agriculture Committee Chairwoman Esmeralda Soria this week for a meeting on current issues and legislation as well as a discussion on key topics for next year’s legislative session.  In attendance were representatives from the California Cotton Ginners and Growers Association, Western Agricultural Processors Association, California Citrus Mutual, California Fresh Fruit Association, Kings County Farm Bureau, Nisei Farmers League, African American Farmers of California, and the Western Plant Health Association.  Topics discussed included water supply needs, the Sustainable Groundwater Management Act (SGMA), the San Joaquin Valley Air Pollution Control District’s PM2.5 State Implementation Plan, net energy metering for agricultural solar installations, the Association’s request for an audit of the State Water Resources Control Board’s Waste Discharge Permit Fund (WDPF), migrant housing, Department of Pesticide Regulation’s (DPR) Sustainable Pest Management and Advance Pesticide Application Notification efforts, and CalOSHA’s new Indoor Heat Illness Regulation.

More than 30 participants attended the Annual American Pima Guide Box Review and Standards Matching Meeting this week at the USDA AMS Cotton Classing Office in Visalia, California.  The guide boxes have now been approved and the standards will become effective immediately. On had for the event from the USDA AMS Cotton & Tobacco Program were the following:

Standardization and Engineering Division –

• Steve Grantham
• Jameson Smith
• Greg Berford
• Cynthia Holmes

Grading Division at the Visalia Classing Office –

• Greg Townsend
• Ryan Phillips
• Edward Sandoval
• Sadie Goodlin
• Georgia Jones

Market News Division –

• Maria Townssend
• Veronica Williamson

Attending on behalf of the Association were President/CEO Roger Isom and Director of Technical Services Christopher McGlothlin.

The U.S. Environmental Protection Agency is putting protections in place sooner near where pesticides are applied.  EPA will now assess the potential for people to be exposed to a pesticide when it drifts away from where it is applied earlier in the agency’s review process. This applies to new active ingredient pesticide registrations and new use decisions.  This updated process will protect people from pesticide spray drift 15 years sooner in the review process for new pesticides than has historically occurred.  This change is also consistent with the agency’s commitment to address environmental justice concerns from pesticide use in and around farm communities and to comply with the Endangered Species Act, where EPA is working to improve how it evaluates risk to and protects endangered species.  EPA will use chemical specific human health spray drift analyses to determine specific label instructions to protect against and reduce the occurrence of spray drift, such as droplet sizes and buffer distances, for each pesticide and use.  Additionally, if EPA identifies spray drift risks for people living or working nearby or non-target species, the agency will protect against those risks.  As part of this action, going forward EPA will now include a chemical specific human health spray drift analysis for:

• New active ingredients: any new submissions for domestic uses of new active ingredients.
• New uses and amended uses: any new use and amended use registration submissions where that active ingredient has previously received a chemical specific spray drift analysis.
• Currently pending registrations: registration actions that are currently under review with the agency, when possible.

Association President/CEO Roger Isom testified at the California Department of Pesticide Regulation’s (CDPR’s) Advance Pesticide Notification Regulation that would notify anyone who signs up to be notified at least 24 hours in advance of the application of a restricted pesticide.  More than 80 people attended the event held Friday night in Turlock. Approximately 50 participants testified at the event with farmworker representatives and anti-pesticide activists calling for the regulations to now specify the exact location of each restricted pesticide application. The current draft allows someone to enter an address, and they will receive notification of any restricted pesticide application within a square mile of the application.  Activists showed up in force holding a rally before the meeting immediately outside the venue and then repeatedly chanting during the hearing. Activists outnumbered agricultural interest 9 to 1.  Joining the Association to testify from agriculture were the California Farm Bureau Federation, San Joaquin Farm Bureau, Western Plant Health Association and one grower, Brent Barton from Barton Ranch. Isom’s comments centered on CDPR’s lack of explanation of their existing registration process and the protections already put in place to protect workers, bystanders and residents.  Isom stated “there are already protections in place. There is no way DPR or the ag commissioners that are here tonight would ever allow the application of a pesticide that would impact a farmworker, resident or innocent bystander. They just wouldn’t do it.”

This week, the California Department of Pesticide Regulation issued a Section 24c Special Local Needs (SLN) Emergency Registration for Sefina Inscalis Insecticide (afidopyropen). The request for the Section 24c was submitted last week by the California Cotton Ginners and Growers Association in conjunction with BASF to help address the disastrous lygus situation. While it isn’t the silver bullet the Association tried to get in asking CDPR to allow us to use Transform (sulfoxaflor), it is a help. Also, CDPR acted quickly to address the crisis where growers were already spraying as many as 5 times to control the relentless lygus problem caused by this past winter long and heavy rains. The Section 24c now allows for an additional application of Sefina, which is critical right now for lygus. All ag commissioners have been notified and recommendations can now be made.

As if economic conditions in agriculture are not challenging enough, losses by cotton growers in 2023 will be repeated in 2024 unless California’s Department of Pesticide Regulation uses its emergency authority to allow the use of a highly effective pesticide used in all other cotton growing states.  Recently published USDA NASS data showed a devastating loss statewide of more than 217 pounds to the acre of pima cotton as compared to the average pima yield for the last five years.  That yield reduction cost California cotton growers more than $31 million. In the counties where lygus seemed to be the worst (Kern and Merced), the average yield was down more than 500 pounds per acre.  It should also be noted that 3,000 acres were completely abandoned due to lygus that overwhelmed the fields. Based on those numbers the cotton industry lost more than $7 million on the acres that were abandoned for an overall total of more than $38 million.  And that does not include the cost of the pesticides that were applied or the cost to apply them.  Some growers spent more than $300 per acre and sprayed as much as 10 to 13 times just to control lygus compared to one or two applications if we’re able to use sulfoxaflor (Transform).

Over $38 million lost in 2023 and 2024 is shaping up to be as bad if not worse. Last year, our cotton growers tried to fight off lygus by spraying the only pesticide tools approved by DPR as much as thirteen times. The negative results speak for themselves as does the need for DPR to do much better in 2024. At stake are our farms, jobs and communities.

This week, the Bureau of Reclamation announced another increase in the Central Valley Project 2024 water supply allocation for south-of-Delta contractors.  While all north-of-Delta Central Valley Project contractors are currently at 100% of their supplies, south-of-Delta agricultural contractors are being increased from 40% to 50%.  All other Central Valley Project contract allocations remain the same per the March 22 water supply update. Initial contract allocations were announced on Feb. 21 and updated in March and April.  “With the current and forecasted conditions that factor into Central Valley Project allocations, in particular, a greater than expected rate of exports during the month of June, we are pleased to be able to provide an additional increase to south-of-Delta agricultural contractors,” said California-Great Basin Regional Director Karl Stock.

The California Cotton Ginners and Growers Association (CCGGA) submitted a 24c Special Local Needs Application for a 3^rd application of Sefina Inscalis (afidopyropen) to combat the intense lygus pressure on cotton in the San Joaquin Valley.  The application included letters of support from Ag Commissioners from Fresno, Kern, Kings, and Merced, as well as letters of support from BASF and UC Cooperative Extension.  This is very similar to the Section 18 application submitted and granted last year to CCGGA.  While it is not a silver bullet, the industry is hoping it provides some efficacy to bring lygus under control.  We are hoping for a fairly quick turnaround by CDPR since nothing is changed from last year’s Section 18 application and that was issued fairly quickly.  Meanwhile the Association will keep up its efforts to get Transform (sulfoxaflor) issued. 

Association President/CEO Roger A. Isom and Director of Technical Services Christopher McGlothlin both testified at the San Joaquin Valley Air Pollution Control District Governing Board Meeting where the latest State Implementation Plan (SIP) for Attaining the Federal PM2.5 Ambient Air Quality Standard.  This plan is a far reaching plan that will include measures for reducing emissions from low dust almond harvesters, require more conservation management plan measures on farms, especially ones that address windblown dust on fallowed fields, and potential new requirements for irrigation pump engines.  Isom commented on the need to base any new measures on actual scientific research and measurements and only focus on those measures that actually move the needle.  Isom also commented on the need for incentives to assist in these efforts  and warned the board of the impending disaster with the lack of electric infrastructure.  Director of Technical Services McGlothlin responded to some of the environmental justice activists who criticized the District for not going far enough and wanting to be more restrictive.  While many of the activists criticized the plan as being a mere extension, McGlothlin pointed out that many within the agricultural industry were stepping up to meet the constantly changing regulations.  Regulations such as updated control efficiencies for Boilers, Roasters and Process Heaters as well as voluntarily transitioning older tractors out for lower emitting equipment on a quicker timeline.  McGlothlin also highlighted the fact that the Air District already has the toughest regulations in the country, and has been able to achieve tightening air quality standards with the assistance of industry stepping up to do its part.