FFVA - MAKING A DIFFERENCE IN 2010

FLORIDA LEGISLATURE

Two bills relating to immigration and the farm labor workforce have been filed in Tallahassee.

State Sen. Carey Baker, R-District 20, and State Rep. Janet Adkins, R-District 12, have filed joint legislation, the Florida Illegal Immigration Reform Act (House Bill 421 and Senate Bill 856). Among its provisions, this bill authorizes the Commissioner of Agriculture to work with the Department of Homeland Security to establish a bulk labor visa program.

"If it looks like it’s going to pass, we’ve got to amend it to exempt associations such as ours that bring in legal workers, because it looks like it would prohibit us from doing that," said Butch Calhoun, FFVA director, Government Affairs.

The bill also would institute a "basic pilot program" to require all public employers to use electronic verification to ensure state employees are legal residents or have met the citizenship requirements. It also would require driver’s license applicants to present proof of U.S. citizenship or lawful presence in the country.

View the bill in its entirety at http://bit.ly/8lee9x.

Sen. Mike Fasano, R-District 11, filed Senate Bill 1100 on Jan. 7, which denies agricultural classification of land where a landowner violates federal law by knowingly hiring unauthorized aliens. It requires anyone holding certain professional licenses from the state to use the E-Verify system to determine the legal status of a worker.

“Where it would have the most impact on our industry is that it includes farm labor contractors,” said Walter Kates, FFVA vice president, Labor Relations. “Our position is that any legislation dealing with immigration enforcement should be done at the federal level and not by the states.”

View this bill in its entirety at http://bit.ly/93j3XW.

The Department of Environmental Protection has proposed a bill that would exempt itself, the water management districts and local governments from the Bert Harris Act, a private property rights law that says if an agency adopts a new rule that lowers the value of a piece of property, it has to compensate the landowner. “We have formed a work group on this issue,” Calhoun said. “Luckily, Rep Trudi Williams and Sen. Mike Bennett have agreed with DEP to sponsor a bill. They won’t let a bad bill out, but it’s a bad bill right now.”

Through the Ag Coalition, FFVA also is supporting a bill that wraps up several agricultural priorities. A key provision in the bill would prohibit duplicative regulation. County governments would not be permitted to regulate farm activities that already fall under best management practices or are already regulated by federal or state agencies, including water management districts. In addition, under the bill counties could not levy a stormwater fee on farm land if the operation already has a permit from certain agencies, or if it follows BMPs.

FFVA also is backing House Bill 69, which revises the state’s existing food safety program for tomatoes. Several years ago, Florida tomato growers became the first in the produce industry to develop a voluntary food safety program, with the guidelines becoming law last July. This bill would give the Florida Department of Agriculture and Consumer Services, which is charged with conducting inspections to ensure the regulations are being followed, the necessary authority for enforcement. The measure is especially timely, because the FDA has said that federal regulation for fresh produce will happen this year. Florida’s program could serve as a model for the rest of the country.

Finally, at the state level, the Fish and Wildlife Commission is adopting a new imperiled species rule. Currently, the commission has rules for endangered and threatened species, and species of special concern. The threatened and endangered species are recognized at both the federal and state level. The species of special concern is a category that Florida put in place in cases where a species doesn’t make the federal list. The commission wants to roll all three categories into one, which means the special concern category will have the same protection as an endangered federal species.

FEDERAL LEGISLATION

At the federal level, health care reform looms as a possible obstacle to running a successful agricultural operation. As written, the bills in the House and Senate fail to take into account the temporary and transient nature of the agricultural labor force. FFVA is monitoring House and Senate versions of health care reform legislation and weighing strategic options to help bring about a bill that would consider implications for businesses using seasonal and/or immigrant labor.

Also at the federal level, the Environmental Protection Agency has said it will impose numeric nutrient rules for the state, which have yet to be determined. FFVA and others are encouraging EPA to base any standards on the best available science and to work with the Florida Department of Environmental Protection, which has devoted considerable time collecting data necessary to determine the standards.

On the food-safety front, there are several initiatives in play right now from both the legislative and regulatory standpoints. Several bills have been introduced in Congress, including the Food Safety Modernization Act of 2009, which was approved by the Senate committee on Health, Education, Labor and Pensions in November. It’s expected to come before the full Senate for a vote later this year.

Add to that FDA’s announcement that food safety regulation is forthcoming. When Mike Taylor, senior advisor to FDA’s Commissioner Margaret Hamburg, was in Florida for a farm tour in November he made it clear that it’s not a matter of if the agency will propose regulation; it’s a matter of when. In addition, traceability will figure into both the legislative and regulatory approaches to food safety reform.

ENVIRONMENTAL & PEST MANAGEMENT

In addition to the proposed federal numeric nutrient standards, FFVA will direct its efforts to matters affecting the availability and use of crop protection tools.

New label requirements for pre-plant fumigants proposed by EPA are expected to be approved soon, and FFVA is leading an effort to develop training, certification and compliance materials for Florida growers. The new requirements create the need for this outreach so growers and applicators understand the rationale behind the new labels and the options available to them in order to comply.

The labels will require that documentation pertaining to Standard Operating Procedures and related Good Agricultural Practices be in place before application. “These requirements have not been part of the labeling of any pesticide in the past,” said Dan Botts, FFVA’s vice president of industry resources. “They will generate significant new responsibilities, liabilities and worker documentation requirements.”

LABOR RELATIONS

Once Congress has tackled health care, the Obama administration is likely to turn its attention to immigration reform. In addition to joining forces with the Government Affairs Division on developing an appropriate exemption to the Florida Illegal Immigration Reform Act, FFVA’s Labor Relations Division will continue to focus its efforts and work with other ag organizations for immigration reform and solutions that will provide a stable, legal workforce for ag employers.

MARKETING & MEMBERSHIP

FFVA will present “Navigating the Canadian Marketplace,” a series of town hall-type meetings across the state from Jan. 19-22. Topics to be covered include commercial dispute resolution, food safety standardization and more. With more and more marketing opportunities opening up in Canada, growers with questions or who are curious about expanding into our northern neighbors’ markets are encouraged to attend. Call the Division of Marketing & Membership at (321) 214-5200 for dates and locations.

Another issue FFVA plays an influential part in is the development of harmonized standards and audits for Good Agricultural Practices. The Produce GAP Harmonization Initiative’s goal is that one audit by any credible third party can be acceptable to all buyers. Based on standards being developed by the Florida Tomato Industry during the last three years, the initiative continues to work toward this goal holding monthly meetings of a technical working group. "This group's goal is to have a harmonized GAP audit by October," said Reggie Brown, head of the Florida Tomato Committee. FFVA President Mike Stuart and Brown are a part of the initiative and encourage participation from those affected. "The next meeting is in February in McAllen, Texas," said Brown. "The gate is open. Everyone's input is welcome."

FFVA strives to keep its members current on all these issues and more, such as the recent freezes, with communications such as the weekly Voice newsletter, Harvester Online, division bulletins and special email alerts when warranted. We also encourage two-way communication so that we are always on the lookout for members' best interests. We appreciate the support of our membership and of our industry and continue to work toward our goal of  "Making a Difference."