Ag Alert July 7, 2021

Ag Alert is the newspaper of the California Farm Bureau Federation, reaching Farm Bureau agricultural and collegiate members. Agricultural members are owners and decision-makers on California farms and ranches. The California Farm Bureau Federation is a non-governmental, non-profit, voluntary membership organization whose purpose is to protect and promote agricultural interests throughout the state of California and to find solutions to the problems of the farm, the farm home and the rural community. Farm Bureau is California's largest farm organization, comprised of 53 county Farm Bureaus. Farm Bureau strives to protect and improve the ability of farmers and ranchers engaged in production agriculture to provide a reliable supply of food and fiber through responsible stewardship of California's resources.

Career readiness Agricultural employers voice importance of “soft skills”

SCOTUS decision Highest court ruling “an important victory for private-property rights”

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www.cfbf.com • www.agalert.com JULY 7, 2021

Vegetables ®

s p e c i a l r e p o r t

ByKevinHecteman Where have all the summer jobs gone? Or the teenagers and college students who used to fill them? Siskiyou County hay farmer Brandon Fawaz says there’s been a shift from years past. “I haven’t hired a high school or col- lege kid for probably five years now,” he said, noting his employees are “for sure all older.” TomIkeda, who grows vegetables near Oceano in San Luis Obispo County, said the shift has been years in the making. Working the fields, he said, used to be a summer job for high school students, but a transition occurred in the 1970s and by the 1980s, “that became a lot more rare.” Federal jobs data bear out the farm- ers’ observations. The average age of all hired farm employees in the United States rose from 35.7 to 41.6 years from 2006 to 2019, according to the U.S. Department of Agriculture Economic Research Service. That was dr iven largely by employees born outside the U.S. as fewer young immigrants en- tered the farm workforce. The average age of U.S.-born farm employees was 39.5 years in 2019, up from 35.7 in 2006, USDA reported. Ikeda said he believes young people nowadays simply don’t have as much exposure to farm life in their families or communities, given that only 1% to 2% of the U.S. population is now engaged in production agriculture. “Back when I was growing up, the community was heavily involved in agri- culture or the support industries,” Ikeda said. “Because of that, I think agriculture or ag-support jobsweremuchmoreprev- alent, and it was more a part of your life growing up.” Because very fewpeople today remain See JOBS, Page 12 Summer jobs for young people not as common

Del Bosque Farms employee Carlos Mercado packs cantaloupes near Firebaugh. California melon farmers report a quality crop and high demand this season, but say impacts of the drought and a shortage of employees and supplies has led to fallowed or unharvested fields for some farms.

Mixed bag for California melon crop

By Christine Souza As people get back to backyard cele- brations this summer, melon growers say demand for summer staples of watermel- ons, honeydews, cantaloupes andmixed melons remains high, though getting the crop tomarket has faced several hiccups this season. The statewide drought has led to a re-

duction in total melon acreage due to a lack of surface water. The state’s primary melon-growing regions—the San Joaquin Valley’s west side and the Imperial Valley—produce about 75% of the nation’s commercially grownmelons. Theannualmelonharvest begins in the Imperial Valley and neigh- boring Yuma Valley inArizona in early to mid-May, then progresses north through

the San Joaquin Valley. Fresno County farmer Joe Del Bosque farms in the Westlands Water District, which relies on water from the federal Central Valley Project. He said early in the season he cut back acreage of aspar- agus to save water for melons. The U.S. Bureau of Reclamation allocated only 5%

See MELONS, Page 10

n e w s p a p e r

Comment.......................................2 From the Fields........................ 4-5 Vegetables....................................7 Classifieds........................... 13-15 Inside

Published by

Legislature recognizes UCANR’s value with funding

By Taylor Roschen It feels trite at this point to call 2021 the “year of irregularity.” There has not been one family, one business, one communi- ty that hasn’t undergone profound and

o f t en conce rn- ing change. So, it’s surprising to hear some in the Legislature and the governor cel- ebrate the passage of the state budget. O n J u n e 2 8 , G o v . G a v i n Newsom signed Assembly Bill 128,

University of California Cooperative Extension farm advisor Katherine Jarvis-Shean, left, works with Solano County farmer Daniel Garcia in this file photo.The 2021 state budget fully funds UC Agriculture and Natural Resources, which provides re- search and specialists for farmers.

Taylor Roschen

the state budget bill that approves the overall framework for financing the state. During the following weeks, the Legislaturewill hammer out and present to the governor the final details for how to spend the remaining record revenues on items such as cap and trade, wildfire, drought and agriculture. For those of us who work to persuade financial tides to turn in agriculture’s favor, every budget year is a challenge. We take comfort in the familiarity of dis- comfort. Everyone recognizes that the budget drafting process is imperfect, with the hundreds of pages of text mess- ily massaged until a final document—or documents, in this case—is presented in the last hours of the fiscal year. Bu t i n a c l e a r s po t w i t h i n t he opaquenes s , t he Leg i s l a ture has agreed to use its overwhelming re- sources this year and in future years to fully fund the University of California Agriculture and Natural Resources. Ag Alert® readers, UCANR supporters and staff, and the farmcommunity surely

recognize the critical role farm advisors, specialists and community education specialists serve to help farms identify pests and diseases; implement water use efficiency; improve soil health, biodiver- sity and crop efficiency; adapt to climate change; and promote agricultural ed- ucation. But due to significant funding reductions over the last two decades, UCANR has lost almost 40% of its pro- gram staff, leaving them reliant on fees, inconsistent grant funding and perpetu- ating service area deficits. Since 2019, theCalifornia FarmBureau and a powerhouse coalition of county FarmBureaus, agricultural, business and local government groups have petitioned the Legislature and the administration to rectify this wrong. This year, we collec- tively requestedanongoing commitment

of an additional $30 million for UCANR. UCANR and the services it offers are clearly in the public’s interest. In his 2021 May budget revision, Newsom proposed to restore base fund- ing for UCANR, whichwas cut during the COVID-19 pandemic, and provide only a 5% increase. His administration also proposed to delete the budget line item that specifically allowed the Legislature to direct revenues toUCANRout of reach of theUCOffice of thePresident’s control. Through the budget committee pro- cess, the Legislature rejected the removal of the line item for UCANR. Under the guidance anddeft skill of Sen. JohnLaird, D-Carmel, and the grassroots efforts of California’s farmers and ranchers, Farm Bureau’s request was honored. The Legislature has approved a $32.1million

budget increase to UCANR to be offered this year and every year. This badly needed funding will allow UCANR to hire or fill more than 120 posi- tions, offer important programmatic and business operations support, serve new regions and farms with science-based, practical field support anddevelop future leaders through 4-H. As we muddle through the remainder of thebudget process, as always, anything done canbe undone. But amid chaos and consternation over other budget prior- ities, California agriculture should take a momentary pause and declare a small but important victory. (Taylor Roschen is a policy advocate for the California Farm Bureau. She may be contacted at troschen@cfbf.com.)

VOL. 48, NO. 25

July 7, 2021

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2 Ag Alert July 7, 2021

Agricultural employers weigh in on ‘soft skills’

The companies ranked which skills they thought weremost needed for appli- cants with a high school diploma, a two- year degree from a community college and a four-year degree froma university. Of the top 10 skills agricultural em- ployers listed as most important, nine of themare considered soft skills, Freeman noted; agriculture industry knowledge represented the only technical skill that fell in the top 10 list. The top three skills employers said theywant to see in applicants with a high school diplomawerework ethic, depend-

ability and timemanagement. For candi- dates with a two-year college degree, the top three skills were being task-orient- ed, work ethic and communication. The top three skills listed for graduates with four-year college degrees were commu- nication, agriculture industry knowledge andwork ethic. Employers includedwork ethic in the top three skills that they seek for all three education levels. The research found that upper-level positions need employees with addition-

By Ching Lee Students embarkingona career inagri- culturemay look to bolster their training and knowledge in machinery and me- chanics, crop production, animal sci- ence or other farm-related disciplines, but agricultural employers say they in- creasingly seek candidates who possess so-called soft skills that relate to personal development, character traits and other nontechnical abilities. In a recent survey conducted by California State University, Fresno, agri- cultural employers listedwork ethicmost frequently as an important skill theywant to see in employees. Other attributes in the top 10 were: communication, de- pendability, task oriented, life-long learner, agriculture industry knowledge, time management, teamwork, written communication and ambition. The purpose of the survey, conduct- ed from Dec. 15, 2020 through March 15, was to identify skills that agricul- tural employers value to help develop the Agricultural Career Readiness Skills Certificate Pathway for the 21st Century, or ACRS21, an online program that al- lows agricultural students to earn a certificate for completing experiential learning activities that support soft skills and career readiness development, according to Sherri Freeman, project manager of ACRS21 at Fresno State. The beauty of the program, she said, is that the requirements are built into normal FFA activities such as public speaking, leadership involvement, job shadowing and supervised agriculture projects. “Our next step is to take that infor- mation (from the survey), look at what we’ve already developed, and then include additional soft skills into the teaching materials from this point for- ward,” Freeman said. Water board weighs next steps for dry Scott and Shasta rivers By Christine Souza Due to extreme drought and mini- mum instream flows to protect fisheries on the Scott and Shasta rivers in Siskiyou County, the State Water Resources Control Board heard from the public last week as the agency considers a suite of possible drought actions. The state water board and California Department of Fish and Wildlife, as di- rected by Gov. Gavin Newsom’s May 10 drought declaration, must evaluatemin- imum flows and other actions to protect salmon, steelhead and other native fish, andworkwithwater users and other par- ties on possible voluntary measures.

The survey recorded responses from 117 agricultural companies, mostly from California, representing sectors including agricultural business, plant and soil science, animal science, agri- cultural science, agricultural mechan- ics, forestry and natural resources, and ornamental horticulture.

See SKILLS, Page 15

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See WATER, Page 12

July 7, 2021 Ag Alert 3

David Richter Sutter County farmer

Our water allo- cation allowed us to raise 850 acres of rice, which is about the same as we raised last year. We have a field or two that isn’t perfect, but

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the stands look pretty good. The heat really did a number on my lima beans. I just don’t have the stands. When it gets so hot, lots of things start going awry, especially when they’re coming out of the ground. Our sunflowers look good. Everything came up. We had water and we pre-irrigat- ed everything. We’ve had a lot of hot days and we always worry about pollination when it gets real hot. On processing tomatoes, we used 100% transplants, just because seeds aren’t plen- tiful. Transplanting season was interesting. We had to stop several times because of the heat and the wind. We also grow corn for grain. It’s for human consumption, and it’s white corn. We’re growing less corn this year because we’ve gone up in tomatoes lately and we’ve gone up on rice. We started cutting back on corn because it was such a low price and we have reduced the size of our farm just because we’re getting older. I had a little wheat this year and we’re harvesting it right now. Wheat yields have been down because of the drought. I was able to irrigate it. We’re having to spray for thrips, the vector for spotted wilt. We have detected it in some plants, and we’re working with farm advisors. It hasn’t been widespread, but it’s caused us to spray for thrips. Mike Jani MendocinoCounty forester As we’ve seen

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got going on throughout the entire lumber business, not just the redwood business. It’s a factor of having the coronavirus put the fear of God in all of us and businesses. Everybody tried to make adjustments with the idea that there was going to be less demand. Lo and behold, in the midst of the pandemic, there was more demand for lum- ber than many of us have ever seen before. Our mills and the inventories have just been wildly fluctuating. Prices ran up way high and now prices are starting to come down

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almost as fast as mills gather materials and up their production and up their facilities. It’s just been a wild and crazy ride. Our industry tends to go through these cycles periodically. Having experienced that a couple of times in my career—more than I like—you just make adjustments. The people that could make them quicker usually come out OK. Sometimes there’s fallout. The American consumer has also been seeing spiked lumber prices, and people are finally pushing back a little bit and not paying the price, so we’re seeing demand fall off a little bit. But I expect it to even out. From strictly the Mendocino County or North Coast perspective, there’s a lot of fire salvage material moving around. Mills are trying to take in what they can while at the same time watching these lumber markets. There’s tentative buying going on. In the redwood area, you’ve got material mainly from the big Santa Cruz fire that is starting to reach mills up in Mendocino and Sonoma counties. The mill in Santa Cruz cannot absorb all of the burn salvage that there is down here. There’s only one sawmill south of San Francisco—the Big Creek mill in Santa Cruz County. It just doesn’t have the capacity to absorb all of the material that landowners are trying to remove from their properties right now. That’s going to be an ongoing issue for at least another year. I think the folks at Big Creek, just like the rest of us, are trying to make decisions in a wildly fluctuating, broader market. I haven’t talked to them in quite a while, so I don’t know if they’re putting on two shifts, in- creasing the output of their mill or if they’re

just trying to hold steady with what they normally do down here. I live in Santa Cruz but work for Mendocino Redwood Co. and Humboldt Redwood Co., so I get the double whammy in terms of perspective. Jackson State Forest in Mendocino County is the largest of all the state demon- stration forests. They’ve got another con- troversial sale with people blocking gates. There’s quite a bit of turmoil right now sur- rounding that. I don’t know if these people are just going to be activist-challengers out in the woods or what will come of this whole controversial timber sale. If these people that are challenging the state with on-the-ground actions have any success in stopping the timber sales of the forest, that will have a significant impact on lumber sup- ply in the Mendocino-Sonoma area. It has upset some of the plans of the loggers that were contracted to do these sales. Their log flow has been interrupted and that’s a direct pocketbook hit for them. Henry Giacomini ShastaCounty rancher Things are

utilize them as long as we can through the summer. In the meantime, the irrigated pas- tures are holding up well, but we’re trying to stock them pretty lightly or destock them by midsummer, so that we can grow as much feed for the cattle coming off the range, be- cause we assume they will come off early. We’re bringing in almost no outside pas- tured cattle, which has been a significant part of our business. You can feel the impacts of the drought as the summer begins. It’s hotter and it’s drier. I haven’t seen our soil moisture this low. The plan is to survive, not put our head in the sand and hope for the best, but try to make some strategic moves, which is what we’ve been doing since early spring. Everything is in a hang-on mode. We don’t want to overreact, but we don’t want to be in a position of not acting soon enough, either. John Perry SacramentoCounty farmer We’re harvest-

the prior year, we probably did average or a little below average. On ground that didn’t have irrigated crops the prior year, we’re definitely below average on the yields. The quality is good. The bushel weight is good, and the protein is good. The only negative side is the yields are down. Typically in our area, we don’t irrigate safflower at all, but this year, because of the lack of rain, we pre-irrigated all our safflower grounds. It looks good. We’re just a little later than we normally would be because we pre-irrigated. Hopefully, we don’t get 108-degree temperatures while it’s pollinating. We look to harvest our safflower probably the end of August, first week of September. The oats we cut for feed, forage. The oats are not irrigated, and our crop is may- be a third of normal because without the winter rains, we just didn’t have the growth on the oats. On the rice, our timing is pretty well where we want to be. The only thing we dealt with there as far as the planting time is we had tremendous north winds, which we had to work around. Weed control looks good. We’ll probably be harvesting the mid- dle of October. The water district curtailed 25% of the water, so we had to cut back our rice acreage 25%, but we’re right on sched- ule and it looks pretty good. Like other com- modities, the price of rice has come up. It was a tough year. It all revolved around the shortage of water. The only offsetting benefit is that commodity prices are up, so the price we’re getting for the commodity is substantially better than last year.

ing our wheat. We’re probably about 80% completed. The wheat was like everything else: It was 1977 all over again, shortage of

going fairly well considering the drought, which is on everybody’s

mind. It’s going to be a pretty tough year dealing with it, but we’re trying to work through it. We’re destocking. We’re just running less cattle. The ranges are pretty dry, so we’re hauling water, trying to

water. We were irrigating our winter wheat in February and March. We irrigated once, probably should have irrigated it a second time. We just didn’t get the rains we needed, so it required the irrigation. As far as the yields, on grounds that had irrigated crops

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Vegetables A SPECIAL GROWERS’ REPORT OF AG ALERT ®

Improving irrigation efficiency is one key practice farm advisors say could help maintain residual soil nitrate in the active root zone of crops such as lettuce. Most Central Coast farmers already use drip irrigation systems, which farm advisors say can be very efficient.

Advisors discuss ways to meet new fertilizer limits ByBob Johnson

zone and available to the crop. A soil sample from the root zone—12 inches for lettuce or spinach—is dropped into a tube filledwith distilledwater. After the tube is shaken, a color-coded test strip can be dipped into it, to learnhowmuchnitrate-nitrogen already exists in the soil. The test strips and laboratories generally report nitrogen in parts per million; Smith and Cahn advise converting that to pounds per acre. They said nitrogen contained in well water should be included in the nutrient budget andwill be counted by regulators as applied nitrogen. For example, a lettuce crop using 7 inches of irrigation water with 89 parts per mil- lion nitrates receives 25 pounds of nitrogen fromwell water. But well water nitrogen can still be tricky to calculate, the advisors said, because the actual nitrogen contri- bution does not include nitrates in the water used to germinate and start the crop. The contribution of nitrogen in irrigation water depends on the efficiency of the irrigation system and the precision of the amount of water applied, Smith and Cahn said, which is why nitrogen efficiency in cool-season vegetables correlates closely to irrigation efficiency. A large majority of Central Coast farmers have already converted to drip irrigation to grow their crops, and a growing number germinate with single-use drip tape. These

Three key practices in fertilizer efficiency can help Central Coast vegetable grow- ers strive toward strict regulations imposed by a regional water board, according to University of California farm advisors. Richard Smith and Michael Cahn of UC Cooperative Extension have spent years researching how farmers can target nitrogen applications, and outlined practices in a blog posted after the Central Coast Regional Water Quality Control Board adopted the standards, known as Ag Order 4.0. Smith and Cahn describe the key fertilizer-efficiency practices as “first, by measur- ing residual soil nitrate and adjusting fertilizer applications accordingly, second by accounting for the nitrate in irrigation water as part of the nitrogen budget, and third by improving irrigation efficiency to help maintain residual soil nitrate in the active root zone of crops.” The farm advisors said some farmers have taken a proactive approach to the wa- ter-quality regulations. “It is important to make attempts to begin implementing these practices and see what is possible for your operation given the crop mix, soil types, and nitrate levels in the irrigation water,” they said. A soil nitrate quick test offers away to learn howmuch nitrogen is already in the root

See PRACTICES, Page 8

July 7, 2021 Ag Alert 7

Practices Continued from Page 7

and reduce the risk of cutting fertilizer rates, such as nitrification inhibitors and controlled-release fertilizers. “In studies that we have done, there is clearly a benefit to the use of some of these materials, but again, there is a learning curve to obtaining the ben- efits that they can provide,” Smith and Cahn said. Farm organizations have petitioned the state water board to review the re- gional board’s action, warning that the new regulations will have a profound ef- fect on food production. In their blog post, the farm advisors

nitrogen before it leached out of the root zone. Eric Brennan, a Salinas-based re- search horticulturalist with the U.S. Department of Agriculture, said he be- lieves the regulation will continue to evolve and better reflect the complexi- ties of nitrogen in the soil. “I would like to figure out a way that farmers who grow a legume-cereal-mix cover crop, like vetch mixed with rye, could be able to get some nitrogen credit for the nitrogen that was scavenged by the non-legume component of the mix- ture,” he said. Farmers may also receive credits for using high-carbon composts that tie up nitrogen and prevent it from leaching into groundwater. “Growers a l ready use compos t , wi th a typical carbon- to-ni t rogen ratio of 10- or 12-to-1 but could sub- st i tute high-carbon compost wi th a carbon-to-ni trogen rat io greater than 30-to-1,” Smith and Cahn said. “Currently, high-carbon compost has been granted a credit of 30 pounds of nitrogen an acre in Ag Order 4.0. However, once the research on this practice is completed, this practice may be granted greater credits as warranted on the removal side of the equation.” The farmadvisors discussed other op- tions to fine-tune fertilizer applications

concluded Ag Order 4.0 “will have a significant impact” on how farmers grow vegetables on the Central Coast in coming years. “There is a window of opportunity to experiment on how to address limits that will be applied to the use of nitrogen fertilizers,” they said. “Now is the time to make the decisions needed to address this new reality.” Their full reportmay be found at ucanr. edu/blogs/SalinasValleyAgriculture. ( Bo b J o hn s o n i s a r e p o r t e r i n Sacramento. He may be contacted at bjohn11135@gmail.com.)

systems can be very efficient, but Smith and Cahn said they still must be tested to make sure pressure stays uniform throughout the field and the emitters deliver a uniform amount of water. Irrigation scheduling depends on the crop, its age, soil type, weather and recent irrigationhistory. FreeCropManage soft- ware, developed by a teamof researchers and farmers ledbyCahn, calculates these complex factors andprovides ranch-spe- cific irrigation recommendations; it may be found at cropmanage.ucanr.edu. Though soil testing, well water testing and irrigation efficiency are the three most important ways to reduce nitrogen applications, Smith and Cahn described other ways to approach the requirements of Ag Order 4.0. Cover crops can be used to drawnitro- genback up to the root zonewhere future crops can use it, and high-carbon com- posts can immobilize nitrogen. Smith and Kahn noted that the re- gional water board had agreed to cred- it non-legume winter cover crops with 97% of their nitrogen content under certain criteria. This level of nitrogen credit for cover crops represented a victory for farmers and researchers who argued earl ier versions of the rule did not adequately account for the ability of cover crops to take up

Agricultural Market Review

Quotations are the latest available for the week ending July 2, 2021 Year Ago Week Ago Latest Week Livestock Slaughter Steers – 5-Area Average Select & Choice, 1050–1150 lbs., $ per cwt. 95 No Quote No Quote Hogs – Average hog, 51-52% lean, Iowa-Minn. market, $ per cwt. 46.11 109.98 107.60 Slaughter Lambs – $ per cwt. 125–175 lbs. National weekly live sales No Quote 190-275 195-281.56 Field crops – basis prompt shipment Barley – U.S. No. 2, $ per cwt. Truck, Stockton-Modesto-Oakdale-Turlock 9.25 (Tulare-Fresno) 14.50 No Quote Cotton – ¢ per lb., Middling 1 3/32” Fresno spot market 61.97 79.06 78.87 Corn – U.S. No. 2 yellow $ per cwt. trucked 8.65 8.03 8.67 Alfalfa Hay – $ per ton, quality*, FOB Region 1, Northern Inter-mountain 180-220 (P/S) 200-220 (P) 250-260 (P/S) Region 2, Sacramento Valley 150-200 (F/G/P) No Quote 230-260 (P/S) Region 3, Northern San Joaquin Valley 260-280 (P/S) 305-310 (F) 225-280 (P/S) Region 4, Central San Joaquin Valley No Quote 220-260 (utility) 235-320 (P/S) Region 5, Southern California 255-260 (P/S) 250 (P) No Quote Region 6, Southeast Interior 150-155 (G) 210-225 (S) 185-230 (G/P) Oat Hay – $ per ton, quality*, FOB Northern California, dairy No Quote No Quote No Quote Oats – U.S. No. 2 white, $ per cwt. Statewide, trucked price No Quote 205 (F) No Quote

The Produce Safety Rule is Here; ARE YOU READY?

Farm Employers Labor Service (FELS), an aliated company of the California Farm Bureau (CAFB), has partnered with the Safe Food Alliance through a California Department of Food and Agriculture grant contract, as their designated training provider for Central and Southern California, to conduct the required Produce Safety training for growers. Presented in a free two-day remote delivery webinar format! What sets Safe Food Alliance, FELS, and Farm Bureau apart is their total of over 100 years of experience and our dedication to providing technical guidance and leadership to the California agriculture community. Most farms are required to have at least one designated supervisor who has been trained in accordance with the Food Safety Modernization Act (FSMA) Produce Safety rule. Upon completion of the course, attendees will receive an ocial certicate from the Association of Food & Drug Ocials.

Dry Beans – Grower FOB prices Baby Limas, $ per cwt, (sacked) Large Limas, $ per cwt. (sacked) Blackeye, $ per cwt. (sacked)

No Quote No Quote No Quote

Rice – Milled No. 1 Head, FOB No. Calif. mills Medium grain, $ per cwt. Wheat – U.S. No. 2 or better, winter, $ per cwt. 13% protein, Los Angeles, trucked price

38-42

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8 Ag Alert July 7, 2021

Supreme Court throws out state’s union access rule

briefs in support, Thompson added. In turn, Borden said FarmBureau “ap- preciates the work by the Pacific Legal Foundation and the two agricultural em- ployers—Cedar PointNursery andFowler Packing—that stuck with this case all the way through to theU.S. Supreme Court.” “The California FarmBureau has a de- cades-old policy opposing the access reg- ulation as a violation of private-property rights, andwe supported the effort tohave the regulation overturned,” he said. In a concurring opinion, Justice Brett

Kavanaughdiscusseda1956U.S. Supreme Court case, National Labor Relations Board v. Babcock &Wilcox Co., in which the court ruled that an employer could disallow union organizers access to com- pany property unless no alternatemeans of communicationwere available. “Babcockstronglysupports thegrowers’ positionintoday’scase,”Kavanaughwrote, “because the California union access reg- ulation intrudes on the growers’ property rights farmore thanBabcock allows.”

ByKevinHecteman California farmers and their advocates welcomedaUnitedStates SupremeCourt ruling that invalidates adecades-old state regulation allowing union organizers to recruit newmembers on a farm employ- er’s property. The case, Cedar Point v. Hassid, cen- tered on a regulation adopted in 1975 by the state Agricultural Labor Relations Board. The rule granted unions seeking to organize farm employees the ability to occupy farmproperty for asmany as three hours a day—before or after work or at lunchtime—for up to 120 days a year. Two agricultural employers—Cedar PointNurseryofDorrisandFowlerPacking Co. of Fresno—sued the state in2016, say- ing the regulation amounted to a taking of private property by the government in vi- olationof theFifthAmendment to theU.S. Constitution. Ina6-3ruling issuedJune23, the Supreme Court agreed, determining the statemaynot force employers toallow organizers onto their property without paying just compensation. “The access regulation appropriates a right to invade the growers’ property and therefore constitutes a per se physical tak- ing,” Chief Justice John Roberts wrote for themajority. “Rather than restraining the growers’ useof theirownproperty, the reg- ulation appropriates for the enjoyment of third parties the owners’ right to exclude.” Carl Borden, senior counsel for the California Farm Bureau, described the ruling as “an important victory for pri- vate-property rights.” “As apracticalmatter, itmeansunionor- ganizers cannot gain access to farms and rancheswithoutpayingjustcompensation,” Borden said. “Organizers still have plenty of other ways to contact farm employees, but the state access regulation clearly was a physical taking of private property that violated theFifthAmendment.” Fresno attorney Howard Sagaser, who worked on the case, called the decision “a stepintherightdirectiontowards restoring or obtaining balance in the Agricultural Labor Relations Act.” Voiding the access regulation, he added, “makes it much easier to comply with global food safety guidelines and all the other regulations that California farmers have to deal with.” Joshua Thompson, director of legal op- erations for the Pacific Legal Foundation, presented the farmemployers’ caseduring oral arguments before the Supreme Court inMarch. He said California farmers and ranchers“nowenjoytherightthateveryoth- erbusinessinCaliforniahasalwaysenjoyed.” “It is a vindication of every farmer and agricultural business’ rights to decide for themselveswho(is) andwho’snot allowed on their property,” Thompson said. “And if the government wants to give that right to other people, whether it be union orga- nizers or whomever, they have to pay for it. That’s what the Constitution demands, and that is what we as Americans have a right to demand of our government.” Borden filed four friend-of-the-court

briefs on behalf of the California Farm Bureau as the casemade itsway to the na- tion’s highest court, and Thompson said those efforts were crucial to the outcome. “The California Farm Bureau support was particularly needed and welcomed and influential,” along with that of the American Farm Bureau Federation and other employer organizations that filed

See ACCESS, Page 10

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July 7, 2021 Ag Alert 9

Melons Continued from Page 1

expects to begin harvest of large- and per- sonal-sizewatermelons at the family farm inManteca.Hesaidextremeheat canaffect yields,notingrecent temperaturesreaching 120degreesinElCentroand106inManteca. “That type of extreme heat will knock off any potential flower or fruit because theplant is stressed,”VanGroningen said. Another impact to the season, accord- ing to growers, is a lack of skilled employ- ees to harvest the crop. “We’re getting a lot of people that say, ‘We’re not coming back yet ; we’d rath- er stay at home,’” Van Groningen said, adding that finding employees hasn’t been easy. A shortage of truck drivers also has af- fected the food-supply chain and melon shipments, growers said. “Not only is there not enough drivers, but I think that is causing issues with getting enough product to the market- place,” Van Groningen said. “People can’t get it through the distribution channels fast enough.” Other challenges, VanGroningen said, include a shortage of shipping supplies such as pallets, bins, cardboard and pa- per, adding, “Packaging costs are a signif- icant issue. Pallet costs have risen expo- nentially. A pallet that typically sells for $8 has doubled or tripled in price. It’s a huge impact for us.” A lack of employees and/or a shortage

of pallets, VanGroningen said, has forced growers to make tough decisions about leaving the crop in the field unharvested. “If you have to pick X amount of prod- uct that day and you only have 80% that you can actually handle either because of labor or packaging, you go for the best 80% and then you leave 20%,” Van Groningen said. Imperial Valley farmer Joe Colace of Five CrownsMarketing—a grower, pack- er and shipper—describeddifficulty find- ing employees, increasing cost of sup- plies and lack of transportation as daily “pressure points,” adding that these costs have been difficult to bear.

Even with the various challenges of getting the crop grown, harvested and to market, Californiamelon growers say de- mand remains strong at retail—and now at food service as restaurants reopen. “It has been such a wonderful thing that people are out enjoying the summer weather and family gatherings,” Colace said. “As restrictions loosen, we’re seeing anuptick in consumption.We have really enjoyed a good-quality season for flavor and sugar of the product, and that always enhances repeat business.” (Chr i s t ine Souza i s an ass i s tant editor of Ag Alert. She may be contacted at csouza@cfbf.com.) Justice Clark had it exactly right.” Sagaser,alawstudentandexternforClark at thetime,saidheappreciatedKavanaugh’s acknowledgment of his latementor. “Although JusticeClarkdidn’t live to see that, I’mgladthatpeopleunderstandthat,” Sagaser said. “He was right back in 1975, and people should have listened to him.” TheU.S.SupremeCourtsentthecaseback totheNinthCircuitdistrictcourt“for further proceedingsconsistentwiththisopinion.” (Kevin Hecteman i s an ass i stant editor of Ag Alert. He may be contacted at khecteman@cfbf.com.)

water supplies to Westlands and other contractors in February, and then sus- pended that amount a fewweeks later. As the season progressed, Del Bosque learned that an arrangement to deliver transferwater toWestlandsWaterDistrict was halted to conserve cold water for fish behind Lake Shasta. This forced him to pull backplantings of late-seasonmelons. “Right now, there’s a lot of uncertainty and I have a lot of fear,” Del Bosque said. “If wehavenowater and the agencies that move transfer water don’t help us next year, our ranch is going to come to a stop. We’ll have to lay off people and we’ll lose our customers. It could be the end of us.” In past years of limited water, Del Bosque said delivery of purchased trans- fer water would happen right away, usu- ally inApril orMay. This year, the bureau told the district that it would not receive thiswater until October.WestlandsWater District anticipates that approximately 210,000 acres of land within the district will be fallowed this year. Despite drought-related challenges, Ryan Van Groningen of Van Groningen and Sons—a grower, packer and shipper based inManteca—said perfect weather during the spring led to larger-sized fruit and high brix. Hisgrower-partnersarewrappinguphar- vest in the Imperial Valley, and he said he

Access Continued from Page 9

Soon after its 1975 adoption, the access regulation narrowly survived a challenge before the California Supreme Court, and Kavanaugh noted the dissent in that case authored by California Supreme Court JusticeWilliamClark.

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CORNING CORNING FORD 530-824-5434 www.corningford.com EL CENTRO / BRAWLEY EL CENTRO MOTORS 760-336-2101 www.elcentromotors.com *Farm Bureau Bonus Cash is exclusively for active Farm Bureau members who are residents of the United States. $500 Bonus Cash on the purchase or lease of an eligible new 2020/2021/2022 Ford Ranger, F-150 or Super Duty. ® This incentive is not available on F-150 Lightning, F-150 Raptor, F-600, F-650 and F-750 Super Duty ® . This offer may not be used in conjunction withmost other Ford Motor Company p ivate incentives or AXZD-Plans. Some customer and purchase ligibility restrictions apply. Must be a Farm Bureau member for 30 consecutive days prior to purchase or lease and take new retail delivery from an authorized Ford Dealer’s stock by January 3, 2022. Visit FordFarmBureauAdvantage.comor see your authorized Ford Dealer for qualifications and complete details. Note to dealer: laim in VINCE T using #37860. EUREKA HARPER MOTORS 707-443-7311 www.harpermotors.com GRIDLEY GRIDLEY COUNTRY FORD 530-846-4724 www.gridleyfordsite.com *Farm Bureau Bonus Cash is exclusively for active Farm Bureau members wh are r sidents of the United States. $500 Bonus Cash on the purchase or le e f an eligible new 2020/2021/2022 Ford Ranger, F-150 or Super Duty. ® This incentive is not available on F-150 Lightning, F-150 Raptor, F-600, F-650 and F-750 Super Duty ® . This offer may not be used in conjunction withmost other Ford Motor Company private incentives or AXZD-Plans. Some customer and purchas eligibility restrictions apply. Must b a Farm Bureau member for 30 consecutive days prior to purchase or lease and take new retail delivery from an authorized Ford Dealer’s stock by January 3, 2022. Visit FordFarmBureauAdvantage.comor se your authorized Ford D aler for qualifications and complete details. Not o e ler: Claim in VINCENT using #37860. HEALDSBURG W.C. SANDERSON FORD 707-433-3318 www.wcsandersonford.com MADERA MADERA FORD 559-674-6771 www.maderaford.com *Farm Bure u Bonus C sh is exclusively for active Farm ureau members wh are residents of the United States. $500 Bonus Cash on th purchase or lease of n eligible ew 2020/2021/2022 Ford Ranger, F-150 or Super Duty. ® This incentive is not available on F-150 Lightning, F-150 Rapt r, F-600, F-650 and F-750 Super Duty ® . This offer may not be used in conjunction withmost other F rd Motor Comp ny private incen ives or AXZD-Plans. Some customer and purchase eligibility restric i ns apply. Must b a F rm Bureau m mber for 30 consecutive days pri to purchas or lease and take new retail delivery from an authorized Ford Dealer’s stock by J nuary 3, 2022. Visit F rdFarmBureauAdvantage.comor see your authorized Ford Dealer for qualifications and complete etails. Note to dealer: Claim in VINCENT using #37860. STOCKTON BIG VALLEY FORD LINCOLN 209-870-4400 www.bigvalleyford.biz TULARE WILL TIESIERA FORD, INC. 559-688-7471 www.willtiesieraford.com *Farm Bureau Bonus Cash is exclusively for active Farm Bureau members who are residents of the United States. $500 Bonus Cash on the purchase or lease of an eligible new 2020/2021/2022 Ford Ranger, F-150 or Super Duty.® This incentive is not available on F-150 Lightning, F-150 Raptor, F-600, F-650 and F-750 Super Duty®. This offer may not be used in conjunction with most other Ford Motor Company private incentives or AXZD-Plans. Some customer and purchase eligibility restrictions apply. Must be a Farm B reau member for 30 consecutive days prior to purchas or l a e and take new retail delivery from an authorized Ford Dealer’s stock by January 3, 2022. Visit FordFarmBureauAdvantage.com or see your authorized Ford Dealer for qualifications and complete details. Note t deal r: Claim in VINCENT using #37860. Don’t miss out on this offer. Visit FordFarmBureauAdvantage.com today! Don’t miss out o this offer. Visit FordFarmBureauAdvantage.com today! Don’t mis out n this offer. Visit FordF rmBureauAdvantage.com today!

10 Ag Alert July 7, 2021

Don’t miss out on this offer. Visit FordFarmBureauAdvantage.com today! *Farm Bureau Bonus Cash is exclusively for active Farm Bureau members who are residents of the United States. $500 Bonus Cash on the purchase or lease of an eligible new 2020/2021/2022 Ford Ranger, F-150 or Super Duty. ® This incentive is not available on F-150 Lightning, F-150 Raptor, F-600, F-650 and F-750 Super Duty ® . This offer may not be used in conjunction withmost other *Farm Bureau Bonus Cash is xclusively for active Farm Bureau membe s who are resident of the United States. $500 Bonus Cash on the purchase or lease of an eligible n w 2020/2021/2022 Ford Ranger, F-150 or Super Duty. ® This incentive is not available on F-150 Lightning, F-150 Raptor, F-600, F-650 and F-750 Super Duty ® . This offer may n t be used in conjunction withmost other

*Farm Bureau Bonus Cash is exclus v ly for active Farm Bureau members who are residents of the United States. $500 Bonus C sh on the purchas or l ase of an eligible new 2020/2021/2022 Ford Ranger, F-150 or Super Duty. ® This incentive is not available on F-150 Lightni g, F-150 Rapt r, F-600, F-650 and F-750 Super Duty ® . This offer may not be used in conjunction withmost other

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