Blues Update June 2024

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In this issue:

From the Chair: Feeling Grateful!

By Pat Goin

NABC Chair

As we enter the core weeks of summer, I want to take a moment to wish everyone a joyful season and a successful harvest. This time of the year evokes memories of family fun, picnics, reunions and maybe, if we’re lucky, even a vacation on the horizon. 

I hope you find a moment to enjoy this time of year! 

I also want to thank so many of you who took the time to participate in the NABC Member Survey. Your input will guide the council into a successful future and ensure we’re providing you with the benefits and programs you need most. 

Thank you for your input and insights! They’ll make all the difference as we continue to make NABC an even more member-centric organization

Board Profile: Ryan Lockman, Member at Large

1. What was your first job in blueberries? 

My first job in blueberries was at NBP Logistics. It has come full circle; now, I work for North Bay Produce Inc., as vice president of sales and procurement. I have held different positions in sales and category management. I enjoy both the growing and sales sides of the blueberry industry and being involved in its progression.

2. What makes you passionate about the industry?

I am passionate about the industry, and it has never been more exciting. I look forward to interacting with the growers, the supply chain, genetics and competition. This industry has also allowed me to see the world; I am incredibly thankful for all the opportunities!

3. What do you love about your job?

My favorite part about my job is the challenge and speed that accompany it. I also enjoy connecting with the different individuals I meet along the way.

​​4. What’s one of your goals for being on the board?

One of my goals for being on the board is to give back to the industry and try to make positive change.

5. If you weren’t in the blueberry business, what would you be doing? 

If I weren’t in the blueberry business, I would be in the oil industry; that is what most of my family does.

NABC Continues to Ramp Up D.C. Presence 

NABC President Kasey Cronquist and Director of Government Affairs Alyssa Houtby were in Washington, D.C., this month for the International Fresh Produce Association’s (IFPA) Washington Conference. 

In addition to hearing from an impressive lineup of speakers, including USDA Secretary Tom Vilsack, members of the newly formed Congressional Specialty Crop Caucus, House and Senate Agriculture Committee staff and others, the duo attended meetings of the IFPA’s Government Affairs Council and the Specialty Crop Farm Bill Alliance Steering Committee, and participated in the Allied Ag Industry Roundtable. 

While in D.C., Cronquist and Houtby also had meetings at USDA with the Foreign Ag Service (FAS) about concerns relating to market access barriers for organic blueberries in South Korea and Japan’s tariff on frozen blueberries, as well as the Farm Service Agency (FSA) about changes to the Tree Assistance Program, which would increase the reimbursement rate for site preparation, and the role of county committees in determining qualifying causes of loss. 

On Capitol Hill, the duo met with House and Senate Ag Committees staff to discuss their respective Farm Bill proposals, and learn more about the status of negotiations between Republicans and Democrats on SNAP funding. They also met with Reps. Buddy Carter (R-GA) and Austin Scott (R-GA) about the importance of getting a new Farm Bill done before the end of the year. 

Additional meetings were held with Sen. Amy Klobuchar (D-MN), senior member of the Senate Ag Committee, and Rep. Jim McGovern (D-MA) who serves on the House Ag Committee and is a leader on health and nutrition policy. Houtby also attended the House Organic Caucus Reception hosted by Reps. Jimmy Panetta (D-CA), David Valadao (R-CA) and Chellie Pingree (D-ME).

Cronquist attended the Japanese Embassy’s annual Evening of Food and Agriculture at the Old Ambassador’s Residence. “It is an honor to be invited to this event, and was an excellent opportunity to network with current and former agriculture trade officials and other commodity representatives who share the blueberry industry’s interest in growing exports to Japan,” Cronquist said.  

Meanwhile, Houtby attended a reception with Senate Ag Committee Chair and longtime blueberry industry supporter Debbie Stabenow.

It was a very productive week in Washington, D.C., for the blueberry industry, but there is much more work to be done. Stay tuned for more updates in the coming months as Congress (hopefully) moves toward passing the 2024 Farm Bill. 

DOL Farm Worker Protection Rule Effective Aug. 28 

The U.S. Department of Labor (DOL) recently published its final rule, “Improving Protections for Workers in Temporary Agriculture Employment in the United States” more commonly known as the Farmworker Protection Rule. The rule revises DOL’s H-2A and Wagner-Peyser Employment Service (ES) regulation for the  stated purpose of “strengthening protections for agriculture workers” and “enhancing DOL’s capabilities to monitor H-2A program compliance and take necessary enforcement against program violators.”  

The rule, published on April 29, will become effective on June 28, but most provisions will apply to new H-2A applications filed on or after 12 a.m. ET on August 29. DOL has determined that it will continue to enforce existing H-2A requirements through August 28.

H-2A employers are strongly encouraged to visit the DOL Farmworker Protection Rule website for more details, including FAQs, and to seek legal counsel to ensure compliance with the new regulations. A webinar recording provided by DOL’s Office of Foreign Labor Certification can be found here. The slide show presentation shared during the webinar can be downloaded here.  

The Southeastern Legal Foundation, on behalf of a coalition of 17 southern states, along with the Georgia Fruit and Vegetable Growers Association and Miles Berry Farm, filed a lawsuit against DOL and is seeking preliminary injunction. The plaintiffs argue that the rule unlawfully provides H-2A workers with rights (specifically, the right to organize) under the National Labor Relations Act (NLRA), from which agricultural workers, domestic and foreign, are excluded. The plaintiffs assert that the rule grants foreign workers greater rights than American agricultural workers. Moreover, plaintiffs argue that the rule goes beyond DOL’s statutory authority. 

Additional lawsuits against DOL challenging the rule are likely to be brought forward in the coming weeks.  

Until the courts decide otherwise, employers must prepare to comply with the new H-2A regulation for applications filed after August 28. 

NABC Attends Roundtable Meeting with Secretaries of USDA and Department of Labor

NABC president Kasey Cronquist and Director of Government Affairs Alyssa Houtby were among a small group of agriculture association representatives who were invited to a closed-press meeting with USDA Secretary Tom Vilsack and Acting Department of Labor Secretary Julie Su about the ongoing ag labor crisis and the consequences of compounding regulations. 

Central to the discussion was the industry’s concern about the year-over-year increase of the Adverse Effect Wage Rate (AEWR). The ag associations were unified in their message to both secretaries: USDA and the Department of Labor must implement an alternative method for establishing wage rates that stops the perpetual increase.  

In his remarks to the secretaries, Cronquist stated that USDA must act within its authority to improve the Farm Labor Survey (FLS) as a first step toward addressing AEWR concerns. He also emphasized that U.S. producers will continue to be at a competitive disadvantage without meaningful reforms to the H-2A program.  

At the end of the meeting, Secretary Vilsak requested that the group follow up with specific recommendations for how USDA can assist producers, with the understanding that comprehensive reforms require congressional action, and that the H-2A program is not in USDA’s direct purview. 

In response, NABC joined the American Farm Bureau, AmericanHort, Florida Fruit & Vegetable Association, International Fresh Produce Association, National Council of Farmer Cooperatives, National Farmers Union, Northwest Horticultural Council, U.S. Apple Association and Western Growers in sending a letter that laid out recommendations to aid in stabilizing labor input costs generally, and specifically as it relates to the FLS. 

In the letter, the coalition requested changes to the FLS to reduce the degree of artificial inflation by collecting data on the “base wage” and excluding bonus pay, overtime and other incentive pay from the survey. Other recommendations for general cost stability included: guidance from both USDA and DOL to all stakeholders on the provisions of the Farm Workforce Protection Rule, and the creation of a new staff liaison position at USDA to advise DOL on implementation of the H-2A program and other regulations that affect farmers.  

The pathway forward to comprehensive ag labor reform is uncertain, but there appears to be a narrow window of opportunity to make incremental changes to the administration of the H-2A program that will hopefully result in relief for farmers.  

Stay tuned. 

Lawmakers Call for Two-Year Freeze on Adverse Effect Wage Rate

A bipartisan effort by Reps. Bill Huizenga (R-MI), Dan Kildee (D-MI), Rick Crawford (R-AK) and Don Davis (D-NC) to implement a two-year freeze on the Adverse Effect Wage Rate (AEWR) is gaining momentum.  

In May, the lawmakers led a congressional letter with 120 total signatures to House appropriators requesting that an AEWR freeze be included in the FY25 appropriations bill. 

This week, House Republicans released their draft 2025 fiscal bill for the Department of Labor which includes language to roll back H-2A wage rates to 2023 levels. 

The FY25 Labor-HHS funding bill also suspends the Department of Labor’s Farmworker Protection Rule.   

The funding bill was reported favorably to the full appropriations committee by the Labor, Health and Human Services, Education, and Related Agencies (LHHS) subcommittee on Thursday.

If the wage freeze makes it into the House appropriations bill and survives a vote on the floor, the ultimate challenge will be getting it through the Senate. Keep in mind, the same language was killed by the Senate in the FY24 funding bill. 

NABC applauds Reps. Huizenga, Kildee, Crawford and Davis for their leadership on this issue. 

USDA-FSA Accepting Nominations for County Committee Elections 

The USDA Farm Service Agency (FSA) is accepting nominations for the 2024 County Committee Election now through August 1. Individuals may nominate themselves or others as a candidate. 

County committees are a critical component of the day-to-day operations of FSA and allow grassroots input and location administration of federal farm programs. Nationwide, more than 7,700 dedicated members of the agricultural community serve on FSA county committees. The committees are made up of three to 11 members who serve three-year terms.

Serving on a county committee is an excellent way to ensure the blueberry industry’s needs are incorporated into important FSA programs such as ad-hoc disaster relief programs and permanent disaster programs like the Tree Assistance Program (TAP).  

Learn more and submit a nomination by Aug. 1. 

USDA Announces Enhanced Resources for Commodity Procurement Vendors

The USDA has announced resource enhancements designed to simplify and streamline access to contracting information for businesses interested in selling their products and services to USDA. 

These substantial updates include the addition of new and targeted contracting information on USDA.gov, along with improved functionality that makes it easier for businesses and individuals to quickly find and access procurement opportunities, as well as a portal for businesses to share the scope of their capabilities with USDA more easily.

These improvements include:

  • The creation of a new “Contracting with USDA” site that offers information, resources and links for businesses that want to contract with USDA, in a helpful Q&A format. The site addresses commonly asked questions such as: What does USDA typically buy? What are the most common ways USDA buys what it needs? And, How do I find current opportunities to contract with USDA?
  • An updated Vendor Capability Submission Portal that allows suppliers and merchants to submit their business capabilities to USDA via a web form. Portal submissions are shared with contracting officers across the department.
  • Updates to the previously deployed USDA Procurement Forecast, a tool that assists businesses and individuals with identifying procurement opportunities with USDA. Launched in June 2023, the Procurement Forecast now has a user-friendly way to search and filter procurement opportunities. Currently, the tool includes nearly 6,000 planned contract opportunities for fiscal year 2024.

Time’s Running Out to Send in Your NABC Awards Nominations 

The deadline to nominate an outstanding blueberry industry colleague for an NABC Award is July 15.  

Help us recognize blueberry industry luminaries who have made a lasting impact by taking just a few minutes to send in your suggestions for the following awards:  

Hall of Fame Award
The NABC Hall of Fame Award celebrates blueberry leaders, growers and suppliers who have impacted the blueberry industry in North America. The award is the council and industry’s highest honor, and is open to influential leaders, past and present. Selection is based on candidate attributes in leadership, collaboration, industry support, longevity and innovation. 

The Alex Wetherbee Award
The Alex Wetherbee Award recognizes outstanding contributions to the blueberry industry in marketing and promotion. Alex Wetherbee was one of NABC’s founders and a blueberry marketer from New Jersey who was respected industry-wide for his passion in promoting blueberries. Let us know who you think is carrying on these efforts! 

The Duke Galletta Award
The Duke Galletta Award recognizes excellence in blueberry horticultural research. The award is named in honor of Duke Galletta of Atlantic Blueberry, an inaugural member of the NABC. Galletta was very involved in blueberry varietal development and worked with USDA plant breeders, allowing them to set up test plots on Atlantic Blueberry land. Tell us about others in the industry who are leaders in horticultural research! 

This year’s winners will be honored at The Blueberry Summit, Sept. 25-27 in Denver. 

Learn more, then send in your nominations!  NABC Awards – NABC (blueberry.org)

Sign Up Now for Best-Ever Blueberry Summit Pricing!

There’s still time to register for the Blueberry Summit, Sept. 25-27 in Denver, at our best-ever pricing. But we encourage you to act now – seats and hotel rooms for this industrywide blueberry event are going fast! 

Plus, book your hotel by Aug. 27 for discounted rates within our housing block. 

When you sign up to attend the summit along with three colleagues by June 30, you’ll be entered into a raffle for four tickets to a Colorado Rockies game on the evening of Sept. 28! 

Check out the full event schedule, then start planning your experience. You don’t want to miss this information-packed event. 

Members Only: Access Weekly Crop Reports on the NABC Website! 

NABC members can now access weekly audio versions of our crop report podcasts, hosted by our very own Joe Vargas, director of business intelligence. 

Huge thanks goes out to our dedicated growers and colleagues who generously contribute their time and insights to these reports!  

Link to crop report on website: 

After you get up to speed on the latest crop information, be sure to access our interactive industry data dashboard with market data broken down by week, available from the same webpage. 

We’re Here to Help Promote Your Events! 

If you’re hosting a blueberry industry event, we’d love to get the word out. Email Kristy Babb at [email protected] with all the details and we’ll include your event in our next newsletter.