The Department of Pesticide Regulation released the revised Pesticide Use Near Schools Regulation today. After several months of reviewing comments, the revised regulation provides little relief to the agricultural industry from these over reaching proposals amended to become effective January 1, 2018.

Below are the most substantial changes to the document:

• Schoolsite is given a clearer definition, identifying a schoolsite as a property used as a child day care facility (defined by the Health and Safety Code) or kindergarten, elementary or secondary school. The definition includes all areas of property used on weekdays by children who attend such facilities. Commissioners can identify adjacent parks if used for school activities.
  • Schoolsite does not include family day care homes, private schools, vehicles or bus stops not on schoolsite property.
• The 48-hour notification was eliminated, however annual notification would still be required.
• Growers who need to use a pesticide that was not included on the annual notification must provide the required information to the school site and commissioner at least 48 hours prior to application

Despite specific requests directly to DPR and through public comments, the regulations failed to identify commodity fumigation exempt from this proposal. The regulation will be open for a 15-day public comment period from March 20^th to April 4^th. CCGGA, who testified at the Tulare hearing with more than 20 growers, will continue to oppose the proposal.

Written comments relevant to the modifications may be sent via e-mail <dpr16004@cdpr.ca.gov>; or may be directed to Ms. Linda Irokawa-Otani, Regulations Coordinator, Department of Pesticide Regulation, 1001 I Street, P.O. Box 4015, Sacramento, California 95812-4015. FAX: (916) 324-1491.

In response to a proposed 27% increase in Irrigated Lands (ILRP) fees and a 7% increase in Waste Discharge (WDR) fees, the Association has been meeting with Assembly and Senate Budget Subcommittee members who will review the State Water Resources Control Board (SWRCB) proposed budgets next week.  Association President/CEO Roger Isom has been walking the halls on the issue highlighting the shift of program cost burden from the General Fund to permit holders such as farms and processors.  In particular, the Association has pointed out the problem with assessing the cost burden of programs such as beach cleanup and monitoring, TMDL and Basin Plan amendments on these two sources.  The Association has also gone to great detail to identify concerns with the sheer cost of the WDR permit as compared to other environmental permits including air pollution permits.  Currently, WDR permits typically cost more than 2 ½ times the air quality permits.  With the looming budget hearings, the Association will remain vigilant in fighting these proposed fee increases.

In an effort to support the fields such as engineers, machinists and inventors the $1000 scholarship will be exclusive for students finishing their studies in a respective field that utilizes hydraulics. To be eligible for the scholarship students but be in the last year of study for their degree program, be in good academic standing (3.0 GPA or better) and must apply online. The application and additional scholarship requirements can be found at https://www.hydraulichose.com/hydrauli-flex-education-scholarship/. Applications must be turned in no later than June 30, 2017.

In the ongoing effort to increase safety awareness in the agricultural industry, a coalition of agricultural organizations is conducting a specialized “train-the-trainer” workshops with an emphasis on tractor safety.
The training is for Owners, Farmers, Managers, Supervisors and those who are responsible for training on agricultural equipment. Each participant will be provided with the information needed for understanding the rules and regulations on tractor operation and conducting training. Sessions will cover Cal/OSHA regulations, safety aspects and proper operation and maintenance.
This class does not “certify” or authorize the participants to operate a tractor. Official training must be provided by the employer on their specific equipment and documented as such. The training provided is to educate participants on what needs to be covered in their training programs, and how to effectively train their own employees on these same issues.
Cost: $50 per participant
Pay online www.agprocessors.org and Fax form or Fax/Mail registration form and a check payable to:
Western Agricultural Processors Association
1785 N. Fine Avenue, Fresno, California 93727
Office (559) 455-9272
FAX (559) 251-4471
Check out all our locations by clicking the Registration Form below!

Tractor “Train the Trainer” Workshop Registration Form

At a workshop in Sacramento this past week, the State Water Resources Control Board (SWRCB) proposed to increase the SWRCB portion of the Irrigated Lands Regulatory Program (ILRP) fee by 21.9%  The ILRP fees are paid by every grower  and cover the SWRCB portion of the fee each grower pays to his/her watershed coalition.  CCGGA President/CEO Roger Isom was present at the workshop and testified adamantly against the fee increase, calling it unjustified.  The final fees will be adopted later this year; meanwhile, CCGGA is opposing any fee increase and preparing information to support the opposition.

 
By: Rebecca Hause-Schultz
In a decision unfavorable to employers, the California Supreme Court in Augustus v. ABM Security recently ruled that employees must be relieved of all duties and relinquish all control over employees during rest periods. At issue in the case, the defendant employer, a security company, required its security guard employees to keep pagers and radio phones turned on and with them during rest periods. The Court reasoned that on-duty or on-call rest periods require employees to essentially perform free work, meaning that the employee receives the same amount of compensation for working through the rest periods as the employee would have had the employee been permitted to take off-duty rest periods.
The Court held that even through employees were required just to keep their radio phones and pagers on, and may not necessarily be interrupted during their break, the practice compelled “employees to remain at the ready, tethered by time and policy to particular locations or communications devices.” Thus, the Court concluded that the employees did not receive an off-duty break, in violation of the law.
COUNSEL TO MANAGEMENT:
This case highlights how critical it is for employees to be relieved of all duties and not be “on-call” during rest periods. Further, employers should ensure that employees receive a total of no less than ten net minutes of rest period time for each rest break. If you have questions as to whether your company’s rest break policy is lawful, please contact the Saqui Law Group.

Last week, ARB staff held a workshop in Sacramento to discuss the economic analysis currently being conducted on the proposed 2030 Scoping Plan.  ARB staff discussed that the economic models would be officially released along with another draft in January, however, the economic data would not fully be discussed in that workshop.  ARB’s 2030 Scoping Plan aims to achieve a 40% reduction from 1990 levels in greenhouse gas emissions by the year 2030, as well as 80% emissions reductions below 1990 levels by the year 2050.  The draft plan focuses on reducing emissions generated within the energy, transportation, waste management, and agricultural sector.  A majority of the emission reductions will occur in the energy and fuel sectors through updating technologies as well as a reduction in the allowable emissions that facilities are allowed to generate.  The agricultural working lands sector aims to achieve emissions reductions through redirecting Ag by-product material from the landfills and sending that same material to newly commissioned biomass and composting facilities.  The Association submitted comments in support of the expansion of the biomass industry, as well as a streamlined approach for facilities and operations that wish to compost.  A revised draft, along with the economic analysis for all sectors, is set to be released in January.  The Association will keep you updated.

Food facilities required to register with FDA must renew their food facility registrations this year during the period beginning on October 1, 2016 and ending on December 31, 2016.  The FDA Food Safety Modernization Act (FSMA), enacted on January 4, 2011, amended the food facility registration requirements of section 415 of the Federal Food, Drug, and Cosmetic Act (FD&C Act).  The registration requirements apply to domestic and foreign food facilities that manufacture, process, pack, or hold food for human or animal consumption in the United States.  FSMA amended section 415 of the FD&C Act to provide that food facilities required to register with FDA must renew their registrations with FDA every other year, during the period beginning on October 1 and ending on December 31 of each even-numbered year. Please visit FDA’s Food Facility Registration website  for more information and to register online. For those that wish to mail or fax their registrations in, FDA is now accepting the expired Form 3537 which can be downloaded here. Please note, the Form 3537 will take 4 to 6 weeks to process.

CCGGA will continue its focus and ongoing effort to bring all hullers, into the “Farm” definition regardless of ownership status, and subsequently under the Produce Safety Rule. There may be an opportunity to de-register your facility in the near future. If you have any questions please first reach out to President/CEO Roger Isom or Safety Specialist Priscilla Rodriguez at (559) 455-9272.

The California Cotton Ginners and Growers Association (CCGGA) submitted formal comments to the California Department of Pesticide Regulation (CDPR) opposing the proposed regulations that would mandate a quarter mile buffer zone restricting numerous applications from 6 a.m.-6 p.m. including air blast, aerial and sprinkler chemigation around school sites and registered child daycare facilities. CCGGA has been actively engaged in opposing this proposal because of the lack of science that is the foundation for this regulation. CCGGA staff and several growers gathered on Wednesday, Nov. 16 to publicly testify in opposition to the proposed regulations. These public comments were supported on Friday when CCGGA submitted written comments to CDPR staff. With no science or incidents to cite the cause of creating this proposal, CCGGA has been adamant that the current laws put forth but the US Environmental Protection Agency, CDPR and the County Agricultural Commissioners office provide an abundance of protection to human health. Additionally, CCGGA cited several issues including concerns with the two-tier notification system, lack of flexibility for time sensitive applications and concern with distribution conducted by schools regarding application information. Should CDPR choose to change the regulation in a major way, there will be a reopening of the comment period. We look forward to bringing you an update when we know more.

It is with a very heavy heart that we report on the passing of long time Gin Manager Joe Vierra on December 7^th. Joe was Gin Manager at Stratford Growers from the mid-1980’s until he retired in 2000, and was President of the Ginners Board in 1992. In 1998, Joe was recognized as the Ginner of the Year for his service to the industry. As we understand it the services will be private.  If we receive any more details we will be sure to pass them along.