Skip to main content

Business

Judge issues restraining order on some aspects of new Farm Labor Bill

By Howard B. Owens

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.”

UPDATED: Farmers file lawsuit to temporarily halt farm labor law to get clarity, ensure compliance

By Billie Owens

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.”

New Year at Blue Pearl Yoga Open House is Jan. 4, come explore wellness opportunities

By Billie Owens

Submitted photo and press release:

The New Year at Blue Pearl Yoga Open House will be held from 11 a.m. to 4 p.m. on Saturday, Jan. 4.

Come and explore the many opportunities for wellness and check out our beautiful yoga space located in the former Masonic Temple on Main Street in Downtown Batavia.

Try out different styles of yoga and meet our teachers, as we will be offering free 20-minute Discovery classes throughout the day in our two yoga rooms. Or you're welcome to just hang out in the Art Gallery or Reception Room, and enjoy some light refreshments and good company.

All welcome, no charge. Blue Pearl Yoga Studio is located on the third floor of 200 E. Main St. — stair access only.

(In case of cancellation due to inclement weather, the Open House will occur from 11 a.m. to 4 p.m. on Sunday, Jan. 5)

Genesee County Cornell Cooperative names new executive director

By Howard B. Owens

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.

Cornell Extension hosts 50th Annual Corn Congress in Batavia on Jan. 8

By Billie Owens

Press release:

Cornell Cooperative Extension’s Northwest NY Dairy, Livestock and Field Crops Team will be hosting the 50th Annual Corn Congress for producers from across the region on Jan. 8 and 9.

Registration is $65 per person and includes proceeding book, morning refreshments and hot buffet lunch.

Registration begins at 8:30 a.m., presentations begin at 10 a.m. DEC Recertification points and Certified Crop Adviser credits will be available. 

  • Wednesday, Jan. 8 – Quality Inn & Suites, 8250 Park Road, Batavia
  • Thursday, Jan. 9 – Quality Inn, 2468 Route 414, Waterloo

Guest speaker Clarence Swanton, Weed Scientist, University of Guelph, Guelph, Canada will present: "Talking Plants: The Science Behind Good Weed Management."

Swanton's research is focused on weed ecology and the development of integrated weed management systems for field and horticultural crops. He has won numerous awards for his research including: the Ontario Agricultural College Distinguished Researcher Award, University of Guelph Presidential Distinguished Professor Award, Excellence in Weed Science for Canada and the Weed Society of America’s Outstanding Researcher Award.

Guest speaker Jake Kraayenbrink, Farmer/Entrepreneur, Ontario, Canada, will present: "Soil Compaction: Measuring and Mediating Machinery Damage." He has always had a passion for soil health and has worked with the Ontario Ministry of Ag, Food and Rural Affairs (OMAFRA) and the University of Guelph.

Jake Kraayenbrink is a Compaction Action team member in Ontario is the director of the Innovative Farmer’s Association of Ontario (IFAO), that helps organize Compaction Action field days for the Ag community.

Additional topics to be discussed by Cornell University researchers include:

  • Changing Pathogens, Hybrids, and Weather: Wither Corn Diseases?
  • Effective Programs for Controlling Waterhemp in Corn
  • Building a Corn Yield Potential Database in New York
  • Biocontrol of Corn Rootworm

To register online, and choose your location: https://nwnyteam.cce.cornell.edu/events.php

To register by phone, contact: Brandie Waite at: 585-343-3040 x138

The Northwest New York Dairy, Livestock and Field Crops Team is a partnership between Cornell University and the Cornell Cooperative Extension Associations serving dairy, livestock, and field crop farm businesses and supporting industries in these nine northwest New York counties: Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Seneca, Wayne and Wyoming.

Schumer announces $2M for research, market surveillance and regulations for hemp products

By Billie Owens

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.

Tompkins Bank of Castile and Tompkins Insurance donates $150K toward Healthy Living Campus

By Billie Owens

Submitted photo and press release:

With the YMCA fundraising underway, Tompkins Bank of Castile and Tompkins Insurance generously donated $150,000 to the Healthy Living Campus Capital Campaign in a check ceremony Thursday (Dec. 12).

Their gift is in celebration of their 150th Anniversary serving the community. The YMCA wishes continued success for Tompkins Bank of Castile and Tompkins Insurance as both of our organizations work together to provide opportunities for the Genesee County area.

The Healthy Living Campus will be transformational for Downtown Batavia and benefit community residents as the new facility will have:

• Accessibility for the handicap;

• State of the art indoor playground;

• Splash pad;

• Teaching kitchen;

• Indoor track;

• Preschool wing;

• Pickup and drop-off for kids;

• Larger gym;

• New programs with the United Memorial Medical Hospital including working with physicians, dietitians, nutritionists, survivor programing to name a few.

 

Tompkins, one of the largest employers in the City of Batavia, pledged the money this spring.

“This project will be transformational for downtown Batavia and benefit thousands of community residents for many years to come,” said John McKenna, president and CEO of Tompkins Bank of Castile, in March.

“We’re excited to play a pivotal role in a project that is going to bring such positive change to the community,” David Boyce, president and CEO of Tompkins Insurance, added at that time.

The donation will support a $22.5 million land redevelopment project that includes the current YMCA and United Memorial Medical Center (UMMC) Cary Hall on Main Street in Batavia. The initiative will have a substantial impact on Main Street, which is home to the headquarters of Tompkins Bank of Castile and Tompkins Insurance Agencies.

This community initiative is expected to boost the regional economy by about $60 million over the course of its first decade, including jobs at the new campus and during construction, according to the Genesee County Economic Development Center.

Top photo, from left: John McKenna, president and CEO of Tompkins Bank of Castile; Rob Walker, GLOW YMCA chief executive officer; and David Boyce, president and CEO of Tompkins Insurance.

Holland High Lift in East Bethany installs wind turbine

By Billie Owens

Press release:

Holland High Lift Inc. is proud to announce that a 25-kilowatt wind turbine was installaed at their facility in East Bethany by Buffalo Renewables out of Amherst.

The clean energy from this turbine will be used to run our offices, repair shop, and to recharge the portion of our rental equipment fleet that is battery charged. These systems use net metering, which means on windy days when we make an energy surplus that electricity gets sent to National Grid for others to use.

This gives us a credit of electricity from the grid for days with little or no wind.

Going forward this turbine should provide for the majority of our electricity needs.

PathStone Corp. accepting applications for grants to repair and upgrade farm labor housing

By Billie Owens

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.

Center Street celebrating 20 years in business this Sunday

By Howard B. Owens

Restaurants come and go. It's a tough business. But some endure and among those is Center Street Smokehouse, which has been a staple of the downtown dining scene in Batavia for 20 years.

In 2000, Paul, his brother Scott and friend Tommy Freeman bought at auction an old newspaper building that had been vacant for years and was in a sad, dilapidated state and renovated it, turning it into a Southern-hospitality, retro-themed eatery.

"It's been an interesting trip," Paul said. "We've got a loyal fan base and we've been improving things year after year after year so people keep coming back."

As downtown's business base has slowly grown over the past two decades, Center Street has been in the thick of it.

"It's nice to be right in the middle of the city," Paul said. "People can move around downtown and get more of a city experience."

The restaurant opened 20 years ago on Dec. 7 and to celebrate, on Sunday (Dec. 8), draft beers are $1, beef ribs, $6, half chicken, $4, and a hamburger is just $1.

"These prices are not a misprint," Paul notes in a flier he made for the event, and the prices only last on Sunday while supplies last. The hours are from 4 to 8 p.m.

The celebration will last all of 2020, Paul said, with monthly specials throughout the year.

Schumer announces feds issue new financial guidance for lending to industrial hemp growers

By Billie Owens

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.

WNY STAMP touted at Semicon Europa in Munich, Germany

By Billie Owens

Press release:

The Genesee County Economic Development Center (GCEDC) recently participated in Semicon Europa, the largest European semiconductor industry event connecting leaders across the advanced manufacturing world and related supply chains. 

Director of Marketing and Communications Jim Krencik represented the GCEDC and the Western New York Science & Technology Advanced Manufacturing Park (WNY STAMP) at the event, which was held in Munich, Germany Nov. 12th through Nov. 15th.

More than 8,000 industry professionals participated in the conference. Krencik participated in the event as part of the New York Love Nanotech pavilion, which included representatives from Empire State Development’s Strategic Business Division, SUNY POLY/NY CREATES, AIM Photonics, site developers, and New York-based supply chain companies, with the support of National Grid.

While connecting with representatives of semiconductor industry companies from North America, Europe, and Asia, Krencik was able to tout many of WNY STAMP’s assets, such as low-cost hydropower, site infrastructure development, and the availability of top-end talent in the region.

“New York State has proven to be an ideal location for the industries represented at Semicon Europa,” Krencik said. “The assets available at Western New York Science & Technology Advanced Manufacturing Park provide a ready source for the growth of the semiconductor industry and advanced manufacturing in our region.”

Located in Alabama, Genesee County, WNY STAMP is a 1,250-acre campus connecting New York’s second- and third-largest metropolitan areas, and developed to best serve the needs of advanced manufacturing projects. Ongoing site development will enable WNY STAMP to achieve full capabilities of 485-megawatts electric capacity and 11-million gallons per day of water capacity.

Schumer calls on feds to extend comment period for hemp growers, says rules are rushed, issues loom

By Billie Owens

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. 31st 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. 31st 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.

Tickets go on sale Dec. 2 for 18th annual Celebrate Agriculture Dinner April 18

By Billie Owens

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.

Manager of GC Farmers' Market thankful for 2019 support and looking to enhance next year's market

By Billie Owens

From Mike Bakos, market manager, Genesee Country Farmers' Market:

On behalf of the members of the Genesee Country Farmers' Market, I would like to thank everyone that supported this year's Market -- the City of Batavia, the Downtown Batavia Business Improvement District, our 2019 Market Sponsors, our market vendors, and of course, our loyal customers.

The Market, located at the Downtown Batavia Public Market, on the corner of Bank Street and Alva Place, was, once again, able to sustain a three-day/week market schedule being open on Tuesdays and Thursdays from 9 a.m. to 4 p.m. and Fridays from 9 a.m. to 5 p.m. from mid-June through the last Friday of October.

This year marked the fourth year of collaboration with the BID. The popular Friday "BIG" Market continues to grow and receive inquiries from new vendors interested in joining the Market. It is estimated that between 1,500 and 2,000 people visit the Market each week bringing 30,000 to 40,000 market customers into the Downtown Batavia Business District over the 20-week market season. 

During the off-season, the Market will be pursuing new/prospective vendors with a goal of growing/enhancing the upcoming 2020 Market. The Market is committed to its mission of "providing a family-friendly environment where the residents of the Greater-Batavia area and Genesee County can shop for fresh, locally-grown, produce and specialty artisanal items" -- and our vision of "making the Genesee Country Farmers' Market @ The Downtown Batavia Public Market a WNY Destination."

We’re hoping to be back again next June with fresh, locally grown produce… providing the residents of the greater-Batavia area with a market that dovetails nicely with Batavia’s developing Healthy Living Campus. We wish you a wonderful and safe holiday season.

Comments/inquiries regarding the Market are welcomed at the Genesee Country Farmers' Market's Facebook page or by emailing mbakos@rochester.rr.com.

Staffing franchise AtWork Group adds Batavia branch

By Billie Owens

Press release:

AtWork Group, one of the nation's largest and fastest-growing staffing franchises, announced today the addition of a new office in Batavia, located at 29 Liberty St., Suite 207. It offers staffing solutions for the communities of the greater Batavia area and Genesee County.

The new branch will be led by Steve Ferraro, someone who is no stranger to working in Genesee County. Ferraro has been in the staffing industry for more than 28 years and manages multiple offices and on-site locations throughout the Western New York area. He also owns another AtWork location in Rochester.

 

He and his team are eager to work with the surrounding companies and community. They pride themselves on treating everyone fairly and with respect while providing the best service possible. 

"We are excited to see AtWork continue to expand in a city rich with culture and history," said Jason Leverant, president and COO of AtWork Group. "Batavia is also one of the best staffing markets and we're eager to bring our best-in-industry service to the area.

"By coupling a strong, local franchise owner with the experience, tools and resources of AtWork's national franchise network, clients and associates alike will be able to quickly realize why AtWork has been named a Best of Staffing award winner for multiple and consecutive years."

The new offices will provide staffing assistance to general staffing, production and clerical for temp, temp to hire and direct hire. The business may be reached at (585) 250-4198.

AtWork Group was recently ranked in: Forbes' America's Best Executive Recruiting Firms and America's Best Professional Recruiting Firms, Staffing Industry Analysts' (SIA) Largest Staffing Firms, Entrepreneur Magazine's Franchise 500®, Franchise Times' Fast & Serious, Franchise Times' Top 200+ and Inc. Magazine's Inc. 5000.   

For more information please visit https://www.atwork.com

About AtWork Group 

It is an industry leading staffing franchise, based in Knoxville, Tenn. Providing temporary, temp-to-hire and direct-hire services across industries, AtWork specializes in three lines of service – AtWork Personnel, AtWork Medical and AtWork Search.

There are locations across 27 states, with the goal to reach 325 by 2029. AtWork franchisees execute region-based decisions that make a difference in their local economies to strengthen their communities. The company facilitated 50,000 hires last year.

For more information about franchise opportunities, visit www.AtWorkfranchise.com.

Tops Friendly Markets Years of Service Recognition Program honors

By Billie Owens

Press release:

Tops Friendly Markets, a leading full-service grocery retailer in New York, Northern Pennsylvania, and Vermont, was pleased to conduct its annual Tops Years of Service recognition program earlier this month.

Currently in its 23rd year, the Tops Years of Service recognition program celebrates the dedication and loyalty of our long-term associates.

To honor their many years of service, each associate who reached a 5-year milestone beginning at 25 years were invited to a celebration dinner where they were recognized for their years of service by the Executive Committee and members of Tops leadership team.

This year, Tops recognized a total of 283 associates reaching 25, 30, 35, 40, 45, and 50 year anniversaries for a grand total of 9,065 years of service.

A total of 10 honorees work at the Tops Friendly Markets in Le Roy and Batavia.

The two Le Roy store employees recognized were:

  • David Remington -- 25 years 
  • Tim Brigham -- 25 years

The eight Batavia store employees recognized were:

  • David Priolo -- 40 years 
  • Ann Marie Nichols -- 35 years 
  • Carol Merrick -- 30 years
  • Tina Wolff -- 30 years
  • Cathy Buckland -- 30 years
  • Kathleen Goras -- 30 years
  • Tammy Bickle -- 30 years
  • Lee Skellon -- 25 years

Regional events were held in Buffalo at Salvatore’s Italian Gardens and in Rochester at Casa Larga Vineyards. Honorees were able to reminisce with their colleagues, as well as enjoy festivities including a compilation of memorable moments submitted be honorees, commemorative photos of the evening, a souvenir program containing honoree bios, photos, and other memorabilia, and a gift for each honoree.

"At Tops we believe in recognizing those associates who have made a long-term commitment to the grocery business, to one another, and more importantly to our company," said John Persons, president and chief operating officer for Tops Friendly Markets.

"As a locally owned and operated company based in Western New York, we take great pride in ensuring our valued associates are provided with the right tools to grow and succeed through scholarships, health improvement programs, and career advancement opportunities."

Do you have a passion for food? So do we! Join the 28th largest supermarket chain in the country and do what you love every day -- all while learning new skills, honing your craft, and growing as a leader.  From various positions throughout our stores to warehouse opportunities and more, we just may have the perfect match for you!

To learn more about the great opportunities that await you at your neighborhood Tops visit https://www.topsmarkets.com/Careers/

With sale of restaurant, Big Pauly moves on and Cinquino family returns to pizzeria ownership

By Howard B. Owens

After 35 years in the pizza business, 15 years as an owner, Paul Berardini, owner of Big Pauly's Pizza in Batavia, has decided it's time to stop tossing dough and do something else with his life.

He's sold his business to his manager, Angela Cinquino. She opens Cinquino Pizza at the same location on Ellicott Street next week.

In a way, the business has come full circle. Berardini's first job was in the pizza shop of Cinquino's father.

"My father had a pizzeria when I was a kid so (the pizza business) is kind of in our family our whole lives and I figured since my father passed away 15 years ago so I could just bring back the tradition," Cinquino said.

At 50 years old, Berardini said he's had enough of the grind of running his own restaurant.

"I haven't had a vacation in three years," Berardini said. "I've worked every night and weekend for 35 years. I have worked on holidays. I've worked Christmas Eve, Super Bowls. It's gonna be nice to just relax."

He said Cinquino is going to do a great job.

"She knows everybody that comes to the door," Bernardini said. "She has her customer base and they love her. They're excited. They're excited for her.  ... I think she'll do very well and she will be the second female pizza owner in town. I think that's also good for business, too. You know, as a woman in business, in a pizzeria, it's not a hot dog cart. This is big business."

Cinquino said she's developing her own logo and new signs will be out soon. She's changing the decor of the restaurant but all of the recipes will remain the same. She might expand the menu but nothing will be removed, she said. She's also keeping all of Pauly's staff and she will get more help from her family.

As for Berardini, he'll see what comes next.

"I made it 15 years as a business owner in Batavia I just decided to try something different," Berardini said. "I mean, I obviously have to work. You know, this isn't a Mark Zuckerberg deal where I'm going to make $50 billion. I still have to work. But, you know, this helps me clear up some debt and move on to another chapter of my life."

Developer hoping for construction start on Ellicott Station in the spring

By Howard B. Owens

Developer Sam Savarino heads into the holiday season optimistic that once the weather clears in the spring he will finally be able to begin construction on Ellicott Station -- the restaurant/brewery, apartment, and office complex on the former Della Penna and Santy properties on Ellicott Street in the City of Batavia.

Savarino said within days, once the application window is open, Savarino Companies will submit an application for funding assistance to the state's Home and Community Renewal agency and he expects a determination to be reached in January sometime.

It was good news last week, he said, when he learned that the Department of Environmental Conservation had opened public comment period for expedited remediation of environmental contamination at the sites.

Work will begin with cleanup of contamination followed by demolition of a portion of the main Della Penna building (the front part) and the rest of the buildings on the two sites. Then construction of the restaurant and brewery for Resurgence Brewing Company in Buffalo will begin.

If all goes according to schedule, the total project -- including office space and 55 apartments -- will be completed in October 2021.

There's a significant change in the funding plan. Savarino initially intended to finance the $19 million project (now $1.4 million more than the earlier estimates) using a federal program known as the New Market Tax Credit, where investors could get a tax break for backing the project.

Savarino said the timing of the project no longer favors using the New Market Tax Credit program.

He said, "a lot more of my money" is going into the construction of the multi-use complex to ensure the project is fully financed.

Downtown restaurateur buys Ken's Charcoal Pits

By Howard B. Owens

The owner of Bourbon & Burger Co. and The Coffee Press, Derek Geib, has acquired Ken's Charcoal Pits from local businessman Ken Mistler.

"Essentially, Kenny was just at the point where he wanted to sell and I was at the point where it made sense," Geib said.

What attracted Geib to the property was its location and its unique amenities, such as a first-class downstairs banquet facility, a brick pizza oven, an outdoor, all-season patio, and the walk-in food counter at the front of the building.

"Kenny's put a ridiculous amount of money and time into this location," Geib said. "It's got access on Main Street and from the parking lot, beautiful downstairs banquet space, the outdoor patio, which is unlike any other in Batavia. I mean, he's got one-of-kind pizza, the charcoal pit that's in the front. There was just there's so much potential in this space and in Kenny's put it in a position to be very successful."

Mistler purchased the building a few months after the former South Beach Restaurant closed its doors suddenly in 2009. He operated the restaurant as South Beach for a short time and then changed the name to City Slickers. About a year ago, he changed the name to Ken's Charcoal Pits.

Geib isn't ready to announce the new name of the restaurant and said that while the main restaurant menu will change, the pizza and charcoal pits will remain the same.

"We'd like to have this all done early next year, which is very aggressive," Geib said.

Mistler owns several other downtown properties, including the former Genesee Bank building at Jackson and Main and the former Carr's building. We couldn't reach him late this afternoon for comment but Geib said Mistler will still be around. He's offered to continue to help with the business and he enjoys cooking pizza.

Previously:

Authentically Local