agriculture

Press release:

New York State Labor Commissioner Roberta Reardon today announced she will convene a wage board for farm laborers that will hold hearings, review and make recommendations regarding overtime work for farm laborers in New York State.

Under the Farm Laborers Fair Labor Practices Act, which Governor Andrew M. Cuomo signed into law last year, farm laborers are entitled to overtime premium pay as of Jan. 1 for any work that they perform in excess of 60 hours per week, and for work performed on their designated day of rest.

As part of that Act, the wage board will consider and make recommendations as to overtime work and, specifically, will hear testimony about reducing the threshold for overtime below 60 hours per week and whether to do so in phases.

“We worked hard to ensure this bill included the proper labor protections and benefits that our farm laborers are entitled to,” Commissioner Reardon said. “We have an opportunity to improve the quality of life for tens of thousands of farmworkers. Overtime is a key component and we need to get it right.”

Convening the Wage Board

As required by the Act, New York State Labor Commissioner Reardon will convene a wage board with the following members:

• David Fisher, president of the New York Farm Bureau
• Denis Hughes, former president of the New York State AFL-CIO
• Brenda McDuffie, president of the Buffalo Urban League

Under the Act, the wage board must hold at least three hearings at which the public will be afforded an opportunity to provide comments. The board will hold five hearings in various parts of the state. The board will carefully consider the input it gathers from farmers and other stakeholders.

The board has until Dec. 31 to make its recommendations, after which the Commissioner will have 45 days to take administrative action on those recommendations.

Public hearings are scheduled as follows:

• Friday 2/28 – 11 a.m. – Albany – New York State Museum Cultural Education Center, Clark Auditorium, 222 Madison Ave., Albany, NY 12230
• Friday 3/13 – 11 a.m. – Syracuse – Onondaga Community College, Storer Auditorium, 4585 W. Seneca Turnpike, Syracuse, NY 13215
• Monday 3/23 – 11 a.m. – Binghamton – Binghamton University, Symposium Hall, Center of Excellence Building Innovative Technology Complex, 45 Murray Hill Road, Vestal, NY 13850
• Thursday 4/16 – 11 a.m. – Long Island – Brookhaven Town Hall, 1 Independence Hill, Farmingville, NY 11738
• Thursday 4/23 – 11 a.m. – Batavia – Genesee Community College, William Stuart Forum, 1 College Road, Batavia, NY 14020

Press release:

This spring come and celebrate Genesee County’s No. 1 industry -- agriculture!

Tickets are still available for the 18th annual Celebrate Agriculture Dinner. It will take place Saturday, April 18, at 6 p.m. at the Alexander Firemen's Recreation Hall, located at 10708 Alexander Road in Alexander.

The highlight of the night is a delicious meal using locally produced foods impeccably prepared by Penna’s Catering. The farm-to-fork feast is open to the public.

Tickets can be purchased at the Genesee County Chamber of Commerce (8276 Park Road, Batavia) for $30 each or a table of 10 for $275.

Sponsorships are also available which help support agricultural educational events in Genesee County, such as Kinderfarmin’. Order your tickets now as they will not be available at the door.

The Celebrate Ag Dinner is coordinated by the following partners: Genesee County Chamber of Commerce, Cornell Cooperative Extension of Genesee County, Genesee County Soil & Water Conservation District, and the Genesee County Farm Bureau. Many local farms and businesses sponsor or donate products to this event.

For ticket information contact the Genesee County Chamber of Commerce at 585-343-7440 or kbermingham@geneseeny.com.

Information from press releases.

WASHINGTON, D.C. -- U.S. Agriculture Secretary Sonny Perdue designated 43 New York counties, including Genesee County, as primary natural disaster areas.

This designation allows the Farm Service agencies in affected states to extend much-needed emergency credit to producers recovering from natural disasters. Emergency loans can be used to meet various recovery needs including the replacement of essential items such as equipment or livestock, reorganization of a farming operation or the refinance of certain debts.

The deadline to apply for these emergency loans is Sept. 29.

Excessive Rain

Producers in Albany, Allegany, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Delaware, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Livingston, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, Steuben, Sullivan, Tioga, Washington, Wyoming, and Yates counties, who suffered losses due to excessive rain that has occurred since April 1, 2019, are eligible to apply for emergency loans.

Producers in the contiguous New York counties of Broome, Cattaraugus, Cortland, Dutchess, Jefferson, Lewis, Madison, Orange, St. Lawrence, Tompkins, Ulster, Warren, and Wayne, along with Berkshire County, Mass.; Bradford, Erie, McKean, Pike, Potter, Susquehanna, Tioga, Warren, and Wayne counties in Pennsylvania; and Addison, Bennington, Chittenden, Grand Isle, and Rutland counties in Vermont, are also eligible to apply for emergency loans.

"The farmers in Genesee County were certainly affected by excessive moisture in the spring," according to Molly Preston, the GC executive director of the local Farm Service Agency, which has an office on Liberty Street in Batavia.

"However, many of the farmers were able to get crops planted, even if it was a bit later than usual. 'The cows need to be fed' was the response from many farmers when asked if they were able to get all their crops in.

"In Genesee County there were approximately 12,500 acres reported as prevented (from being) planted. There are roughly 150,000 acres reported (as planted) annually in Genesee County.

The main crops affected locally were corn and soybeans, but some vegetable crops were also affected. In addition, some new seeded forages were delayed from being planted during the normal planting period, Preston says.

Excessive Rain, Flash Flooding, and Flooding

Producers in Cattaraugus, Jefferson, Lewis, and Madison counties, who suffered losses due to excessive rain, flash flooding, and flooding that has occurred since April 15, 2019, are eligible to apply for emergency loans.

Producers in the contiguous New York counties of Alleghany, Chautauqua, Chenango, Cortland, Erie, Herkimer, Oneida, Onondaga, Oswego, Otsego, St. Lawrence, and Wyoming, along with McKean and Warren counties in Pennsylvania, are also eligible to apply for emergency loans.

FSA will review the loan applications based on the extent of losses, security available and repayment ability.

FSA has a variety of additional programs to help farmers recover from the impacts of this disaster. FSA programs that do not require a disaster declaration include: Emergency Assistance for Livestock, Honeybees and Farm-Raised Fish Program; Emergency Conservation Program; Livestock Forage Disaster Program; Livestock Indemnity Program;Operating and Farm Ownership Loans; and the Tree Assistance Program.

Farmers may contact their local USDA service center for further information on eligibility requirements and application procedures for these and other programs. Additional information is also available online at farmers.gov/recover.

Press release:

National Grid has approved an economic development grant totaling $127,000 to offset costs related to an upgrade to three-phase electricity power at McCormick Family Dairy Farm in Alexander.

As part of an upgrade, the owners of the farm are planning to install new equipment that will keep their 2,500 cows healthy, save the company money and add power to run fans, motors and improve product quality.

“We frequently work with small businesses and agribusiness customers that are looking to grow but may be limited due to lack of three-phase power at their site,” said National Grid Regional Director Ken Kujawa.

“McCormick Family Farms had examined other potential alternatives to meet their new and growing electricity needs. By working with them, it was determined that three-phase power is the appropriate solution to meet the farm’s electric load.”

The grant was made through National Grid’s Three-Phase Power Incentive program, which provides grants to fund the extension of three-phase electricity service to eligible National Grid customers.

More information about National Grid’s economic development programs is available at www.shovelready.com.

Press release:

The Pavilion Central School District is proud to announce that we are now able to offer students a Career and Technical Endorsement in both Agriculture and Business.

This new endorsement will encourage students to enhance their skill sets in agriculture or business.

These new programs allow students to study in a focused career pathway, partake focused internships, and attain college credits at associated colleges.

Upon completion of the Business Career Program, the students can receive college credits at GCC in Introduction to Business, Introduction to Computers, and Microcomputer Applications.

The students are also able to achieve credits in Programming and Problem Solving, and Computer Programming after passing the Advanced Placement Computer Science Placement Exam.

The students enrolled in the Agriculture program will be able to receive credit in Agriculture Business at Morrisville State University, and Animal or Plant Science at Alfred State University.

Press release from the NYS Farm Bureau:

“The Senate’s passage of the United States-Mexico-Canada (USMCA) trade agreement clears the final hurdle that stood in the way of progress for New York’s farmers.

"Nearly half of our state’s agricultural exports go to our North American neighbors, providing vital market opportunities that will remain open thanks to USMCA.

"The certainty that this agreement provides to farmers, plus the potential for expected growth for our dairy farms, are reasons to commend lawmakers for getting the job done in a strong bipartisan fashion.

"Combine this news with yesterday’s announcement of the phase one trade deal with China, and there is renewed hope that United States’ trade policy is headed in the right direction.”

Press release:

Assemblyman Steve Hawley (R,C,I- Batavia) announced today that he has introduced legislation, A.8916, that would mandate including two additional members on the Farm Laborers Wage Board, increasing membership from three to five individuals. The two additional members would be the Commissioner of Agriculture & Markets and a member of the business community.

“New York City politicians passed sweeping and overarching new farm labor regulations last year which have the potential to devastate small, family-owned farms in our state,” Hawley said. “It is imperative that the new wage board has input and influence from those who are on the frontlines of the agriculture industry instead of politically appointed Big Labor bosses.

“I proudly debated on the Assembly Floor and voted against the farm labor changes because Downstate lawmakers have no business telling our producers how to operate. Agriculture is a unique industry that is thriving in many parts of our state and to pass blanket labor laws from behind a desk in Albany is grossly irresponsible and myopic.

"As the Past President of the Genesee County Farm Bureau and former owner of our family farm in Batavia, I will continue to advocate for our area’s farmers and see that this bill I’m introducing to expand the wage board becomes law this year.”

Press release: 

Assemblyman Steve Hawley announced today that he has once again been named to the Farm Bureau "Circle of Friends" for his legislative support of agricultural and farming initiatives in 2019.

“I am honored to once again be named to the Circle of Friends and I thank the Farm Bureau for the great relationship and dialogue we have exercised over the years to do what’s best for our area’s producers,” Hawley said.

Hawley is the former owner and operator of Hawley Farms in Batavia, a longtime member of the Assembly Agriculture Committee and a leading opponent of the Farm Labor Bill, which allows unionization, mandatory time off and other labor restrictions for farm workers.

“The new farm labor regulations, which took effect yesterday, are an absolute deathblow to family farms across our state," Hawley said. "By choking our farmer’s labor supply and mandating drastic wage increases, we are threatening our farms’ livelihood and their ability to operate and succeed when they need laborers the most.

"I was proud to stand with farmers across the state in debating and voting against this bill when it came to the Assembly floor. New York City politicians who have probably never set foot on a farm should never be allowed to dictate how we operate.”

Press release:

A temporary restraining order (TRO) was issued by Federal Court Judge Lawrence J. Vilardo on Dec. 31 in U.S. District Court in Western New York. The TRO prohibits New York State from enforcing certain actions and imposing penalties upon farmers stemming from a new law scheduled to go into effect today.

It is important to note, the TRO does not impact the law or impact the wages of the vast majority of hourly employees working on New York farms and the payment of overtime, nor was it intended to.

The court action followed a lawsuit filed on Monday, Dec. 30 that would temporarily halt the implementation of the Farm Laborers Fair Labor Practices Act on Jan. 1. The suit was filed by the Northeast Dairy Producers Association (NEDPA) and the New York State Vegetable Growers Association (NYSVGA) on behalf of the organizations' member farmers across the state, seeking clarity and to ensure they are in compliance with the law’s requirements.

The TRO specifically restrains the state government from enforcing the Act where such actions would impact the status, compensation, and hours of supervisors, family members, shareholders, and administrative and professional employees. The TRO will be in effect for several weeks. If a mutually agreeable settlement is not reached, a preliminary injunction hearing will be held on Jan. 24.

Brian Reeves, president of the New York State Vegetable Growers Association, and owner of Reeves Farms in Baldwinsville (Onondaga County), said, “The ruling in favor of the TRO is an important first step for ensuring the Farm Laborers Fair Labor Practice Act is implemented fairly for all who work on farms in New York.

"We want to protect the rights of all who work on our farms and are so important to our success. We look forward to working with the Governor and the Legislature to correct the statute to better address the rights of all who work on our farms.”

Jon Greenwood, chair of the Northeast Dairy Producers Association and co-owner of Greenwood Dairy Farm in Canton (St. Lawrence County), said, “The narrow scope of the TRO ruling will allow us to continue to work with the state to improve language and definitions in the Act.

"Providing clarity to New York’s farms will help us protect our management teams while assuring family members and others employed on our farms are treated fairly. We look forward to working with the state and court to ensure that the interests of farmers, their families, and employees are represented in the new state law.”

Press release:*

A coalition of New York State dairy and vegetable farms has filed a lawsuit in U.S. District Court in Western New York seeking a court order that would temporarily halt the implementation of the Farmworkers Fair Labor Practices Act on Jan.1. New York’s farmers and employees are seeking clarity to ensure they are in compliance with its requirements.

The group, which includes the Northeast Dairy Producers Association (NEDPA), the New York State Vegetable Growers Association (NYSVGA), and individual farmers across the state have been working with state officials for months, leading up to and following the legislature’s approval in June of a measure that was then signed into law by Governor Andrew Cuomo in July.

*(Update) In Genesee County, the coalition includes Torrey Farms, a dairy farm in Elba that's been in operation since 1803, and MTy Acres, which is represented on the Board of Directors of NYS veg growers.

Prior to filing the lawsuit today, representatives of NEDPA and the NYSVGA worked into the evening on Friday in an effort to seek a resolution that would bring clarity to the matter. In addition, they maintained open lines of communications and were willing to continue the dialogue throughout the weekend.

In fact, prior to being voted upon and signed, a statewide advocacy effort was conducted by concerned agricultural interests that repeatedly identified flaws within the legislation that needed to be addressed to avoid unintended consequences of the state action.

More specifically, the lawsuit outlines the challenges facing New York’s agriculture community, and identifies several key issues that require modification.

• As currently written, the Act’s definition of “farm laborer” includes supervisors, farm owners and family members of farm owners. This places farms in a contradictory or “Catch 22” position. If supervisors, owners and family members are classified as farm laborers, they have the right to engage in collective bargaining with other employees. However, if supervisors, owners and family members are also agents of the farm business, they must not engage in conduct that would discourage union concerted activity, assist in the formation of a union, or otherwise violate the rights of farm laborers.
• The Act also conflicts with Section 14(a) of the National Labor Relations Act (“NLRA”). The Act includes supervisors as part of the group of farm labors who may engage in concerted activities, but the NLRA expressly prohibits states from adopting such legislation, and so the law is preempted by federal law. 
• Because the Act includes supervisors, owners, and family members for purposes of its hour restrictions and overtime pay requirements, farms must reclassify the way they engage these individuals, and this compounds the conflict as farmers endeavor to implement the law.
• As a result, if a farm decides to classify its supervisors, owners and family members as farm laborers, it will result in a violation of the Act’s collective bargaining provisions. On the other hand, if a farm takes the position that supervisors, owners and family members are not farm laborers, the farm may be subjecting itself to criminal and civil penalties by violating their rights as farm laborers and by violating the hour restrictions and overtime pay requirements.

John Dickinson, Northeast Dairy Producers Association, and co-owner of Ideal Dairy in Hudson Falls (Washington County), said, “We greatly appreciate the efforts of our employees; they are invaluable to our success and we want to do what’s right for them. We have had productive interactions with state representatives and provided feedback on the lack of clarity this law provides, however we are asking for a pause to allow necessary changes to be made.

"The lack of guidance the dairy community is receiving is causing unnecessary stress on farms, agribusinesses, and families across the state. We have every intention of abiding with this law, but our farms and employees are struggling with implementation due to unclear and conflicting definitions as it is currently written.”

Brian Reeves, president of the New York State Vegetable Growers Association, and owner of Reeves Farms in Baldwinsville (Onondaga County), said,“We have been working for months in a constructive manner to bring clarity and fairness to a law that had significant problems due to ambiguity and unfairness to employees and farm families across New York.

"Today, we are simply seeking a temporary pause to the implementation of this law, to avoid harm to our farms and our employees, while the Governor and Legislature correct the ambiguities.”

Press release:

The Genesee County Cornell Cooperative Extension Board of Directors has selected Joaquina Kankam as their executive director, a position that includes leadership of the 100-year-old organization that provides quality programs in youth development, agriculture, nutrition, leadership, and community and economic development.

Kankam currently works as a statewide Extension Program Specialist in 4-H and Youth Development with Prairie View A & M University in Texas. She also cochairs a committee for the National Urban Extension Conference Planning Committee and leads numerous statewide youth development and professional development training.

Prior to her current role, she served as an instructor for two different colleges, and as an educator/administrator for the Houston Independent School District.

Kankam holds a B.A. in psychology from Tuskegee University, an M.Ed. in Education from the University of St. Thomas, and a Ph.D. in Educational Leadership from Prairie View A & M University.

“I am so excited to work with such a kind group of people. I hope I can extend the same welcome to everyone as the lovely people of Genesee County have already given to me,” Kankam said.

She will begin her role on Jan. 6th. For more information on Genesee County Cornell Cooperative Extension, please visit genesee.cce.cornell.edu.

Press release:

U.S. Senator Charles E. Schumer today announced, following his major effort, the successful inclusion of $2 million in the soon-to-pass bipartisan omnibus spending package for Fiscal Year 2020 for the Food and Drug Administration (FDA) to continue research, market surveillance, and appropriate regulatory activities for products containing the increasingly popular cannabidiol (CBD).

Even though CBD products have gained popularity since the 2018 Farm Bill legalized the farming, manufacturing, and selling of industrial hemp, Schumer explained that the FDA has yet to set regulations or safety requirements for CBD derived from hemp.

According to Schumer, the lack of federal guidance and clarity is sowing chaos for both consumers and in the rapidly emerging Upstate New York industrial hemp industry, which saw sales of CBD products surpass $200 million nationally in 2018.

Therefore, in the upcoming, bipartisan appropriations package, Schumer fought for a provision setting aside $2 million for regulatory activities, research, and policy evaluation of CBD products.

The legislation also includes a requirement that the FDA issue a report to Congress within 60 days on its progress determining a regulatory framework for CBD products. Additionally, the provision requires the FDA to study a sample of CBD products currently on the market, to better understand which products are mislabeled or otherwise misrepresented.

“CBD is brimming with potential to be a billion-dollar industry across New York State, bringing along countless jobs and truly meaningful economic development with it. But before that can happen, we need to be 100-percent sure we understand the ABCs of CBD—its impact on human health, and how best to regulate it at the federal level,” Senator Schumer said.

“That’s why during the negotiations for the bipartisan spending package, which is set to pass in the next few days, I fought tooth and nail to secure a provision setting aside $2 million for the FDA to, at long last, begin developing a regulatory framework for CBD—and demanding the agency update Congress on its progress.

Once these necessary rules and restrictions are set, the industry will seed and grow from one corner of the state to the other, many good-paying jobs will be created in the industrial hemp space, farmers will be able to safely cash in on this cash crop, and consumers will be protected.”

CBD is one of the two main chemical compounds that can be found in the cannabis plant. However, CBD is not psychoactive, meaning that it cannot get a person high—unlike tetrahydrocannabinol (THC), the other chemical compound found in many types of cannabis plants, primarily marijuana.

CBD products have become exceptionally popular in the marketplace, with estimated sales of CBD-containing products, such as oils, gummies, balms, lotions, and capsules, surpassing $200 million in 2018.

According to the New York State Department of Agriculture and Markets, there are currently just under 500 people, businesses, and organizations spread across New York State licensed to grow and process industrial hemp.

According to news reports, roughly three-quarters of those licenses were approved for the purposes of cultivating and extracting CBD. Currently, there are 18,000 acres of land licensed for industrial hemp growing in New York State, with 14,000 designated for CBD cultivation and extraction.

Furthermore, of New York’s 62 counties, 56 are home to industrial hemp farms and related growing operations. Schumer explained that these figures show just how much potential CBD products have to boost the economy across New York State, should clear guidance on CBD be issued by the FDA.

Industrial hemp is a type of cannabis plant that is grown largely for industrial uses, but it can also be utilized for food, oil, and cosmetic products. Hemp contains a very small amount of THC, typically between 0.2 and 0.3 percent on a dry weight basis, and while from the same species of plant as marijuana, the two plants have varied widely in use.

However, due to the existence of THC in hemp, Schumer explained, both plants were considered “controlled substances” under federal law, meaning the U.S. Drug Enforcement Administration (DEA) was the primary regulator for hemp production.

Schumer argued that this narrow view has undermined the crop’s agricultural and economic potential. With the Hemp Farming Act of 2018 passed by Congress and signed into law last year, this unnecessary roadblock has been lifted, and industrial hemp’s significant potential to become a cash crop in Upstate New York will be unleashed.

Press release:

PathStone Corporation is currently accepting applications for their 2019-20 On-farm Housing Grant.

This program is a matching grant of up to $2,000 to repair and upgrade existing farm labor housing. Examples of eligible repairs include, but are not limited to: bathrooms, plumbing, laundry facilities, recreation rooms, upgrading kitchens, heating, floors, walls, windows, ceilings, doors and other major structural components.*

Special consideration will be given to projects that positively impact the quality of life for farmworkers during off work hours. Farm owners must agree to provide $1 for every $1 provided by PathStone Corporation. This grant has been very successful in Wayne and Orleans counties, but this year’s focus will be on farms in Genesee, Livingston, Wyoming and Ontario counties.

If interested, or if you have questions, please contact Susan Lerch at 585-546-3700, ext. 3020, for an application. The application deadline is currently March 1 and the work will need to be completed by May 15.

Please help us spread the word as we want to assist as many farms as possible!

*NOTE: Farms may still be eligible to receive grant funds even if repair work has already started.

Press release:

U.S. Senator Charles E. Schumer announced today that following his major push, the Federal Reserve, Federal Deposit Insurance Corporation (FDIC), Financial Crimes Enforcement Network (FinCEN) and Office of the Comptroller of the Currency (OCC), in tandem with the Conference of State Bank Supervisors, have confirmed the legality of banks and other financial institutions extending services and products to industrial hemp-oriented businesses and farms.

Schumer explained that without access to traditional financial services, local farmers and the industrial hemp industry across Upstate New York had been unfairly restricted on capital investment, preventing further economic growth and the creation of good-paying jobs, and choking off valuable income for farmers.

Lack of Awareness By Lending Institutions

Schumer said the lack of awareness by lending institutions about the legality of industrial hemp had created an unwarranted murkiness around the legality of financing hemp-oriented businesses — and that new guidance was urgently needed.

With that now cleared up, the industrial hemp industry can continue to seed and grow across Upstate New York.

“This is a strong step in the right direction to boost the growth of the industrial hemp industry, and I am glad federal regulators, including the Fed, heeded my call to provide clarity to banks that industrial hemp is fully legal and their member banks are free to lend to farmers and producers," Schumer said.

"Now that the feds have issued to lenders updated guidance clarifying hemp’s legality as a crop, the industry will really start to take root and grow. I fought so hard to strip the burdensome and outdated federal regulations from industrial hemp because of all the good it can do for our farmers, our economy and our consumers. Today’s updated financial guidance related to industrial hemp means that we’re one big step closer to the complete emergence of a job-creating, economy-boosting industry across New York State.”

No More 'Suspicious Activity Reports' for Industrial Hemp-oriented Businesses

Specifically, the Fed, FDIC, FinCEN and OCC announced that under the Bank Secrecy Act, banks will no longer have to file Suspicious Activity Reports for industrial hemp-oriented businesses seeking to attain loans or other services. Schumer explained that this will significantly increase the likelihood that these businesses receive financial services, and help the industry continue growing and creating good-paying jobs for New Yorkers.

Schumer explained that since the 2018 Farm Bill removed the federal regulatory shackles from industrial hemp production, manufacturing, and selling, New York’s industrial hemp industry has started to grow significantly, with new farms and businesses emerging and existing ones expanding operations. This has brought considerably more good-paying jobs and revenue to Upstate New York, making industrial hemp a critical new part of the state’s agricultural future.

That being said, as industrial hemp farmers and businesses are exploring the full benefits of the 2018 Farm Bill, they have experienced serious difficulty accessing financial products with regulatory uncertainty at financial institutions. While some companies have agreed to offer financial services to the growing hemp industry, many have not due to confusion over the crop’s legal status.

The Schumer-backed Hemp Farming Act of 2018 was introduced by Majority Leader Mitch McConnell (R-KY), Sens. Rand Paul (R-KY), Jeff Merkley (D-OR) and Ron Wyden (D-OR). It passed and was signed into law as part of the 2018 Farm Bill.

This legislation:

• Removes industrial hemp from Schedule 1 of the Controlled Substances Act;
• Empowers states to be the principal regulators of hemp;
• Allows hemp researchers to apply for competitive grants from the U.S. Department of Agriculture (USDA); 
• And makes hemp farmers eligible to apply for crop insurance.

Industrial hemp is a type of cannabis plant that is grown largely for industrial uses, but it can also be used for food, oil, and cosmetic products.

The Roadblock of a Spec of THC Lifted

Hemp contains a very small amount, typically between 0.2 and 0.3 percent of tetrahydrocannabinol (THC), and while from the same species of plant as marijuana, it has varied widely in use. However, due to the existence of THC in hemp, Schumer explained, both plants were considered “controlled substances” under federal law, meaning the U.S. Drug Enforcement Administration (DEA) was the primary regulator for hemp production.

Schumer argued that this narrow view has undermined the crop’s agricultural and economic potential.

With the Hemp Farming Act of 2018 passed by Congress and signed into law last year, this unnecessary roadblock has been lifted, and industrial hemp’s significant potential to become a cash crop in Upstate New York will be unleashed.

Press release:

Standing at Gina and Terry Miller’s Organic Hemp Farm in Albion, U.S. Senator Charles E. Schumer, flanked by farmers and industry experts, today called on the United States Department of Agriculture (USDA) to extend the comment period for a proposed interim final rule that presents a number of potential problems and challenges to the rapidly emerging and growing industrial hemp industry in Orleans County, Genesee County and throughout the Rochester-Finger Lakes Region.

Schumer urged the USDA to listen to these concerns from growers and producers and to make improvements to the final rule. Last month, he visited the Mills Family Farm on Ham Road in Basom to get input from local farmers.

Specifically, Schumer expressed his concern over USDA’s proposed "Establishment of a Domestic Hemp Production Program," which was published on Oct. 31^st of this year. Schumer explained that he’s been approached by farmers, producers and stakeholders from across the Rochester-Finger Lakes Region who have concerns that the proposed regulations regarding the sampling and testing of hemp are imprecise, not fully reflective of farmers’ challenges, and could have a seriously negative impact on the fledgling industry, stunting growth and the creation of good-paying jobs.

Industrial hemp is a type of cannabis plant that is grown largely for industrial uses, but it can also be used for food, oil, and cosmetic products.

Schumer argued that given the new nature of this industry and the economic potential it holds, USDA should extend the comment period for the "Establishment of a Domestic Hemp Production Program" interim final rule, and improve the regulations, to ensure that farmers and the public have ample time to submit comments to help guide the best possible final rule for establishing the hemp program.

“When it comes to an industry as promising as industrial hemp in the Rochester-Finger Lakes Region, the feds need to get it right the first time, and not rush to any reckless regulatory decisions. Regulating this rapidly-emerging industry is a must, but any rules must be part of a well-thought-out process that carefully considers the needs of all stakeholders—from farmers and growers to producers and manufacturers,” Senator Schumer said.

“That’s why today I’m urging USDA to extend the comment period for its proposed final rule on hemp production to ensure that farmers, growers and producers have ample time to provide input and have their concerns listened to and that a meaningful part of these concerns is integrated into the final rule.

"These hemp experts have serious fears about how this proposed rulemaking could impose unrealistic or poorly thought out rules, restrict their industry, cut-off growth and stop the creation of good-paying jobs. So, it is incumbent on USDA, the chief agricultural regulators in the United States, to hear them out and make improvements to the final regulations that are balanced and smart.”

Schumer explained that the proposed rule, which is a necessary step to support domestic industrial hemp production, potentially includes regulations that could have harmful effects on hemp production in Upstate New York and the entire nation. The comment period for the proposed "Establishment of a Domestic Hemp Production Program" began on Oct. 31 and is set to end on Dec. 31^st of this year.

However, Schumer argued, with stakeholders having such serious and valid concerns about the rule, it is critical that they have adequate time to submit their comments on it. Therefore, Schumer strongly urged USDA to extend the public comment period by 60 days, so that growers and producers have ample time to make their case—and so it can be thoroughly reviewed and analyzed to best address the concerns of hemp producers throughout Upstate New York.

Schumer pointed to a few provisions under the proposed "Establishment of a Domestic Hemp Production Program" final rule that farmers and producers have expressed their concerns over, specifically related to the timeframe for sampling and testing of industrial hemp, the lack of available places to do this testing, the guidelines for THC level testing, and the restrictiveness for retesting if the threshold for THC exceeds allowable levels.

For example, under the rule, producers would have a 15-day timeframe for the harvesting, sampling and testing of crops. However, Schumer explained, since this testing typically takes 5-6 business days alone, the proposed final rule creates a tight turnaround and affords farmers very little leeway in the prescribed timeline.

Furthermore, Schumer explained the short 15-day window may be further hindered by the potential scarcity of DEA-registered laboratories in state, to perform testing in a timely manner. Additionally, Schumer said the current draft regulations do not afford any provisions for growers to salvage or retest crops that initial tests exceed the established .03 THC threshold. Crop insurance, which is often difficult to procure, still affords no protections for most farmers in these circumstances.

Other concerns highlighted by Schumer pertain to the sampling methodology to determine accurate THC levels.

Hemp contains a very small amount, typically between 0.2 and 0.3 percent of tetrahydrocannabinol (THC), and while from the same species of plant as marijuana, it has varied widely in use. However, due to the existence of THC in hemp, Schumer explained, both plants were considered “controlled substances” under federal law, meaning the U.S. Drug Enforcement Administration (DEA) was the primary regulator for hemp production.

Schumer argued that this narrow view has undermined the crop’s agricultural and economic potential. With the Hemp Farming Act of 2018 passed by Congress and signed into law last year, this unnecessary roadblock has been lifted, and industrial hemp’s significant potential to become a cash crop in Upstate New York will be unleashed.

The Schumer-backed Hemp Farming Act of 2018 was introduced by Majority Leader Mitch McConnell (R-KY), Sens. Rand Paul (R-KY), Jeff Merkley (D-OR) and Ron Wyden (D-OR). It passed and was signed into law as part of the 2018 Farm Bill.

This legislation:

• Removed industrial hemp from Schedule 1 of the Controlled Substances Act;
• Empowered states to be the principal regulators of hemp;
• Allowed hemp researchers to apply for competitive grants from the U.S. Department of Agriculture (USDA); and
• Made hemp farmers eligible to apply for crop insurance.

Press release:

Plans are already underway for the 18th annual Celebrate Agriculture Dinner, which will take place Saturday, April 18 at 6 p.m. at the Alexander Fire Hall. This annual event is a celebration of Genesee County’s agriculture industry.

The highlight of the night is a delicious meal using locally produced foods prepared by Penna’s Catering. The dinner is open to the public.

Tickets go on sale Dec. 2 at the Genesee County Chamber of Commerce (8276 Park Road, Batavia). Tickets are $30 each or a table of 10 can be purchased for $275. Sponsorships are also available which help support agriculture educational events in Genesee County.

Only 400 tickets will be sold. Order your tickets now as they will not be available at the door.

The Celebrate Ag Dinner is coordinated by the following partners: Genesee County Chamber of Commerce, Cornell Cooperative Extension of Genesee County, Genesee County Soil & Water Conservation District and Genesee County Farm Bureau.

Sponsors of the 2019 celebration included: Alexander Equipment, Alleghany Farm Services, Arctic Refrigeration, Baskin Livestock Inc., Carolina Eastern Crocker, CPL, CY Farms/Batavia Turf, Farm Credit East, Farm Family Insurance, Freed Maxick CPA, Lamb Farms, Lawley, My-T Acres, National Grid, NY Pork Producers Cooperative, OXBO International, Rochester Regional Health -- UMMC, Scott Adams Trucking, Senator Ranzenhofer, Tompkins Bank of Castile, Torrey Farms, William Kent Inc. and Windy Acres Farm.

Farms and businesses that donated locally grown food for the 2019 dinner included: Dairy Farmers of America, Dorman Farms, Fenton’s Produce, Love Beets Inc., M-B Farms, New York Chips, O-AT-KA Milk, SJ Starowitz Farms, Torrey Farms, Upstate Niagara Co-op. and Yancey’s Fancy.

For ticket information contact the Genesee County Chamber of Commerce at 585-343-7440 or email Kelly Bermingham: kbermingham@geneseeny.com.

Press release:

U.S. Senator Charles E. Schumer today (Nov. 15) released a report detailing how the U.S. Department of Agriculture’s (USDA) Market Facilitation Program (MFP) has treated Upstate farmers unfairly—and launched a new effort to restore parity to the system.

The MFP is designed to reimburse the farms that have been damaged by the turbulent trade climate across the globe, and has distributed $25 billion in mitigation payments to help farmers recover in recent months.

However, Schumer explained, this funding was distributed unevenly, sending 95 percent of the top payment rates to Southern farmers, who have been harmed less than other regions, and helping farms owned by billionaires and foreign-owned companies.

To address this disparity that is negatively impacting Upstate farmers, who are in dire need of assistance, Schumer urged USDA to improve the MFP to better support small New York farmers.

“This report shows that as Upstate farmers are grappling with extreme uncertainty caused by the chaotic global trade climate, USDA is using a flawed formula that helps big, wealthy farms and billion-dollar foreign-owned companies, while our small and family farms in New York have been left in the dust,” Senator Schumer said.

“The USDA must stop picking winners and losers in such an unbalanced way, and instead ensure all of America’s and Upstate New York’s farmers get the help they need and deserve—not just a lucky few.”

Farmers across New York State are being treated unfairly in many ways, including:

• Farmers in New York are receiving $41.10 less per acre than farmers in Georgia and other Southern states;
• Even within New York the difference in payments from county to county can be significant and cause similar farms to get vastly different payments. For example, Orleans County has a payment rate of $48 per acre, yet Warren County has a rate of $15 per acre. For an average-sized farm this is a difference in payments of $9,936 and $3,105 for Upstate farms that likely have very similar growing conditions;
• At a county level, the average payment rate in New York was $28 per acres. However, many counties in Southern states received the maximum payment rate of $150 per acre. With more than 33,400 farms across New York, averaging about 207 acres each, NY farmers would receive a payment of about $5,796, while the same sized farm in one of these other Southern counties would receive $31,050. (delta: $25,254).

• USDA currently ignores any trade damage not related to its own chaotic trade actions and largely shuts out Upstate New York’s specialty crops from direct assistance.
• Instead of taking steps to support small and beginning operations, USDA doubled the payment limit for row crop payments from $125,000 to $250,000. This change will concentrate payments even more in the large complicated farming conglomerates.
• Rather than using current production numbers, USDA based payments to dairy farmers on data that are 6 to 8 years old.

In the bipartisan 2018 Farm Bill, Congress provided balanced support to help farmers manage market instability across the country and provided permanent support for USDA export market development programs.

Schumer raised concerns that the administration’s policy upends this careful compromise, replaces income from markets with government payments, creates vast inequities, and does not address the actual trade damage to farmers who have been hit the hardest.

NY County

USDA MFP Payment rate

Warren

$15

Allegany

$17

Delaware

$18

Washington

$18

Essex

$19

Lewis

$19

Sullivan

$19

Wyoming

$19

Herkimer

$20

Steuben

$20

Westchester

$20

Chenango

$21

Cortland

$21

Franklin

$21

Madison

$21

Schuyler

$21

Tioga

$21

Clinton

$22

Jefferson

$22

Schenectady

$22

Albany

$23

Ulster

$23

Albany

$23

Saratoga

$24

Otsego

$25

Broome

$26

Cattaraugus

$26

Schoharie

$26

St. Lawrence

$26

Tompkins

$26

Broome

$26

Cattaraugus

$26

Chemung

$27

Erie

$27

Chautauqua

$28

Dutchess

$28

Onondaga

$28

Rensselaer

$28

Fulton

$30

Montgomery

$31

Genesee

$32

Oneida

$32

Yates

$35

Columbia

$36

Cayuga

$38

Livingston

$38

Ontario

$38

Cayuga

$38

Niagara

$39

Oswego

$39

Orange-Rockland

$43

Monroe

$45

Greene

$47

Orleans

$48

Seneca

$48

Wayne

$52