Photo by Tom Rivers: Workers harvest cabbage on Route 98 in Gaines in August 2017

If given final OK, Ortt says change would be ‘monumental disaster that will sadly be the final straw for many of our struggling family farms.’

A three-person Farm Laborers Wage Board voted 2-1 this afternoon in a recommendation that the state reduce the overtime threshold for New York farm workers in a gradual phase-in from 60 to 40 hours a week.

New York Farm Bureau President David Fisher cast one of the three votes and he opposed lowering the threshold. Fisher said the report is flawed and doesn’t reflect the data and witness testimony in hearings that he said showed lowering the OT threshold would hurt farms and farmworkers.

“It barely touches on the testimony of how this will make our farms less competitive and how labor shortages are already a challenge and will only get worse if workers leave the state to seek more hours elsewhere,” Fisher said about the report. “The facts cannot be ignored, even if the report does not give them their due diligence.”

The two other boards members – chairwoman Brenda McDuffie, former president and CEO of the Buffalo Urban League; and Denis Hughes, former state AFL-CIO president – voted in favor of lowering the farmworker overtime threshold in a gradual phase-in to 40 hours over the next decade.

“What’s become clear throughout these proceedings is that action is needed,” McDuffie said during today’s meeting. “It is our duty to protect tens of thousands of farm workers and align their rights with those in other industries.”

State Senate Republican Leader Rob Ortt blasted the Wage Board’s decision, saying it will put many New York farms at a competitive disadvantage with nearby states.

“Today’s decision by the Farm Laborers Wage Board is a monumental disaster that will sadly be the final straw for many of our struggling family farms,” Ortt said in a statement. “The current labor mandates were already a tremendous burden on our farmers, particularly at a time when many of them are still reeling from the pandemic, supply chain issues, and soaring prices.”

Ortt said testimony from farms and farmworkers, warning about the negative impact of the changing the OT threshold, where ignored by the majority of the Wage Board.

“At a time when we have already seen many businesses leave New York and family farms have been forced to shut down, this reduction will cause further devastation to our agriculture industry,” he said. “It will sadly force even more of our family farms out of business, hurt workers, and increase costs to consumers.”

Reducing the overtime threshold for farm laborers is proposed to be phased in over a ten-year period, with reductions of four hours on a biannual basis.

The phase-in schedule would begin on January 1, 2024, with the threshold set at 56 hours; on January 1, 2026, with the threshold set at 52 hours; on January 1, 2028, with the threshold set at 48 hours; on January 1, 2030, with the threshold set at 44 hours; on January 1, 2032, with the threshold set at 40 hours.

The New York Civil Liberties Union praised the decision by the Wage Board and urged the Department of Labor and the governor to formally approve it.

“Farmworkers have waited over 80 years for an end to the racist exclusion that has stolen countless hours of overtime pay,” said Lisa Zucker, senior attorney for legislative affairs. “Gov. Hochul and Commissioner Reardon must prevent another generation of workers from suffering by unequivocally accepting the Wage Board’s recommendation. With Gov. Hochul’s more than dollar-for-dollar refundable tax credit, there is no reason that the overtime threshold cannot be immediately lowered to 40 hours, eradicating this racist Jim Crow policy once and for all.”

Ortt and others many opposed to lowering the threshold are asking the DOL Commissioner Roberta Reardon and Gov. Kathy Hochul to reject the plan.

“I implore state Labor Commissioner Roberta Reardon and Governor Kathy Hochul to reject this recommendation,” said Assemblyman Michael Norris of Lockport. “With New Yorkers already struggling to afford groceries and gas with the rising costs of inflation, it is unfathomable that non-elected bureaucrats at the Farm Labor Wage Board are going to make it harder and more expensive to feed a family in our state.”

Norris said the proposal, if enacted, would result in smaller paychecks because of fewer hours being available for farmworkers. He said they would go to other states where they could earn more money.

“These workers will just move on to other states to work,” Norris said. “Sadly, this decision is just another example on how Albany seems intent on pushing everyone out of our state with burdensome mandates.”

OLCOTT – State Senate Republic Leader Rob Ortt and Assemblyman Mike Norris, R-Lockport, will have a news conference today with the Niagara County Farm Bureau president to share their concerns about the possibility of the overtime threshold in agriculture being lowered from 60 to 40 hours per week.

Ortt said that change would put many farms out of business, make the agricultural industry less competitive with nearby states, and actually result in less pay for farmworkers who would see their hours cut.

The state legislators and Jeannette Miller of the Niagara County Farm Bureau will be in Olcott for the news conference. It is planned to be  shown through Facebook live beginning at 12:30 p.m.

The Farm Laborers Wage Board will meet Sept. 6 and is expected to deliver a report on OT threshold for farmworkers. The board also is expected to make a final recommendations to NYSDOL Commissioner Roberta Reardon on the proposal to reduce the overtime threshold for farm workers from 60 hours to 40 hours a week.

Board members include Brenda McDuffie, former President and CEO of the Buffalo Urban League; David Fisher, New York Farm Bureau President; and Denis Hughes, former President of the New York State AFL-CIO.

The board in January 2022 recommended the overtime threshold be reduced to 40 hours, in a phased-in schedule of dropping by four hours every two years – 56 hours on January 1, 2024; 52 hours on January 1, 2026; 48 hours on January 1, 2028; 44 hours on January 1, 2030; and 40 hours on January 1, 2032.

Once the board delivers its report, the DOL commissioner will have 45 days to review it and announce her decision, which will need to published. Any objections to the report and recommendations can be sent to the commissioner within 15 days after such publication, the DOL said.

Should the recommendations within the report be adopted, the Department of Labor will undergo a rule-making process with a 60-day public comment period.

Orleans County Legislature urges elimination of Farm Laborers Wage Board

The Orleans County Legislature last week passed a resolution urging the governor to eliminate the three-person Farm Laborers Wage Board.

“The Wage Board has just one member with an agricultural background, making it ill-equipped to render sound, informed decisions concerning New York State’s critically- important agriculture industry,” county legislators stated in a resolution.

The Legislature faulted the board for ignoring data from a 2021 Cornell University that showed lowering the threshold would economically hurt both farmers and farm workers.

“New York State farmers continue to face a tremendous number of challenges outside of their control including changes in consumer demand leading to price change, obtaining labor, climate change regulation and mandates, land management policies, foreign and regional market competition, NYS regulations, livestock and crop disease,” legislators said. “And farmers are heavily relied on to continue to produce food during shortages throughout the country while keeping in mind, farmers and farm workers remained constant during the pandemic.”

Press Release, NYS Department of Labor

The New York State Department of Labor (NYSDOL) announced the next meeting of the Farm Laborers Wage Board will be held virtually at 4:30 p.m. on Tuesday, September 6.

The board is expected to deliver its report and final recommendations to NYSDOL Commissioner Roberta Reardon on the proposal to reduce the overtime threshold for farm workers from 60 hours to 40 hours a week.

A link to the meeting livestream will be made available on the Farm Laborers Wage Board webpage.

“I thank the Farm Laborers Wage Board for thoroughly examining this complex issue and for their service to New York State,” said New York State Department of Labor Commissioner Roberta Reardon. “I’m also grateful for the many New Yorkers who provided input on this statewide discussion, which will be vital as we evaluate the state’s agricultural future. I look forward to reviewing the board’s report and recommendations before announcing my decision.”

Under the Farm Laborers Fair Labor Practices Act of 2019, farm laborers became entitled to overtime premium pay starting on January 1, 2020, for any work that they perform in excess of 60 hours per week, and for work performed on their designated day of rest. As required by the act, New York State Labor Commissioner Roberta Reardon convened a wage board comprised of the members in 2020.

Board members include Brenda McDuffie, former President and CEO of the Buffalo Urban League; David Fisher, New York Farm Bureau President; and Denis Hughes, former President of the New York State AFL-CIO.

Per the statute, the wage board was tasked with considering and making recommendations regarding the extent to which the overtime threshold for farm laborers can be lowered below 60 hours per week and whether any such reductions should be phased-in through a series of successively lower thresholds.

To inform its decision, the board hosted one in-person public hearing in 2020 and eight virtual public hearings between 2020 and 2022 where testimony on the matter was heard from farm laborers, agricultural employers, academic experts, and elected officials, among others. Four virtual informational meetings were also held during this time.

On January 28, 2022, the Farm Laborers Wage Board passed three resolutions that made the following recommendations:

• Reducing the overtime threshold for farm laborers from 60 hours to 40 hours a week;
• The reduction of the overtime threshold from 60 to 40 hours will be phased in over a ten-year period, with reductions of four hours on a biannual basis;
• The phase-in schedule would begin on January 1, 2024, with the threshold set at 56 hours; on January 1, 2026, with the threshold set at 52 hours; on January 1, 2028, with the threshold set at 48 hours; on January 1, 2030, with the threshold set at 44 hours; on January 1, 2032, with the threshold set at 40 hours.

Once the board delivers its report, Commissioner Reardon will have 45 days to review it and announce her decision. Within five days of receipt, DOL will publish notice in at least 10 newspapers of general circulation in the state. Any objections to the report and recommendations can be sent to the Commissioner within 15 days after such publication. Should the recommendations within the report be adopted, the Department will undergo a rule making process during which there will be a 60-day public comment period.

Provided photos and information courtesy of Hoag Library

ALBION – The Neal family, owners of Poverty Hill Farms on West Countyhouse Road, brought some of their Holstein and Jersey calves to Hoag Library today as part of the summer reading program.

The top photo shows Bright Hapeman feeding a 2-day old Holstein calf with the help of Kasey Neal.

Jody Neal from Poverty Hill Farms shared information about the calves with the children, who gathered under an outdoor tent by the library.  He talked about different breeds they have on the farm, how much they eat, weight, and how much milk cows can produce.

Matthew Bloom in yellow shirt is petting the 7-month Jersey calf with some assistance by Addy Neal. Her brother Zachary Neal, left, also offered pointers.

The Neal farm is part of the Upstate Niagara Co-Op and brought a cheese snack for the kids to show them how milk from the cows on their farm goes to their home.

Press Release, Gov. Kathy Hochul’s Office   

Photo by Don Pollard/Office of Governor: Kathy Hochul visits the Long Island Farm Brewery today as part of her first stop on a tour and roundtable discussion the future of farming in New York.

Governor Kathy Hochul today launched a statewide listening tour on the future of farming in New York State. A series of listening sessions will allow the State to hear directly from farmers about their priorities in addressing climate, workforce, and economic challenges, and will help inform the State’s federal priorities for critical funding and policy changes in the areas of agriculture, nutrition, and the environment.

Kicking off the listening tour, Governor Hochul visited Bruno Farm in Suffolk County and held a roundtable session with stakeholders at Long Island Farm Brewery/Water Drinker Family Farm to hear from farmers about their successes and concerns. The Governor and Lieutenant Governor will be continuing the tours across the state in the coming months, in conjunction with listening sessions held by Agriculture Commissioner Richard A. Ball, with several stops scheduled to ensure that the farming community statewide has a chance to make their voices heard.

“New York’s agricultural industry is essential to our economy, our communities, and our way of life, and we want to make sure we put a special emphasis on farms as we continue to recover from the pandemic,” Hochul said. “Our farms have always been here for us, and we need to be there for them, and these listening sessions will help us navigate the challenges and opportunities in the agricultural community.”

The statewide listening tour provides an opportunity for state officials and agricultural industry leaders to engage with and hear from constituents about the importance of the 2023 Farm Bill to New York State, and how it will help to grow and sustain New York farms.

Hosted jointly by the New York State Department of Agriculture and Markets (AGM) and fellow state agencies, the tour began in Riverhead, Suffolk County today at Suffolk County Community College. Commissioner Ball was joined by New York State Department of Health Executive Deputy Commissioner Dr. Eugene Heslin and New York Farm Bureau representatives.

The second session is scheduled for Binghamton, Broome County on Monday, July 25 at 1 p.m. at Cornell Cooperative Extension Broome County. Commissioner Ball will be joined by state partners, Assembly Agriculture Committee Chair Donna Lupardo, and representatives from New York Farm Bureau. Participants can RSVP for the Binghamton session by emailing FarmBill@agriculture.ny.gov.

Additional sessions held across the state will be announced in the coming weeks. Written comments can be submitted to FarmBill@agriculture.ny.gov.

State Agriculture Commissioner Richard A. Ball said, “The Farm Bill has a tremendous impact on all sectors of our agricultural community here in New York State, and we want to hear from our partners and stakeholders about what is important to them. As we in Albany prepare to advocate for our farmers during this upcoming Farm Bill season, we take the comments we hear very seriously and will use them to inform our policy priorities. I encourage everyone to join us at one of the sessions announced today or join us for the remainder of the summer and into the fall as we travel across our great state to hear from you.”

Feedback gathered during the tour will be provided to help develop New York State’s policy agenda on the future of farming as well as the state’s priorities for critical funding and policy changes during the 2023 Farm Bill renewal conversations.

The Farm Bill is an omnibus, multi-year law that governs an array of agricultural and food programs. The most recent Farm Bill, the Agricultural Act of 2018, expires at the beginning of 2023.

Key areas impacted by the Farm Bill and to be discussed during the listening sessions include agriculture research, animal disease, conservation and climate resilience, cyber security, food safety, hemp, invasive species, local food systems, Specialty Crop Block Grants, and trade promotion.

New York Farm Bureau President David Fisher said, “The Farm Bill provides critical funding for a number of essential programs that farmers depend on, including risk management support, conservation assistance, and needed research. We encourage farmers to attend the listening sessions to help the New York State Department of Agriculture and Markets prioritize the needs of our diverse agricultural community. New York Farm Bureau thanks Commissioner Richard Ball and his team for hosting the listening tour to hear first-hand what our farmers value in the Farm Bill.”

Agriculture is a major driver of the New York State economy and just over a quarter of New York State’s land mass, or 7 million acres, is dedicated to farmland. Nearly 33,000 family farms produce some of the world’s best food with the State ranking in the top 10 in 30 different commodities that support its communities.

New York is the largest producer of cottage cheese, sour cream, and yogurt in the United States; The State ranks second in maple syrup, apples, and cabbage; third in grapes; and fourth in floriculture. It also ranks fifth in green peas, squash, and milk production, which is the largest segment of the state’s agricultural sector. Nearly 3,500 dairy farmers produce 15.5 billion pounds of milk annually in New York State.

‘The dairy industry is in need of workers, this bootcamp is the perfect opportunity for someone who is on the search for a well-paying and debt-free start to their career.’

Press Release, Genesee County Economic Development Center

Editor’s Note: An earlier version of this article said the program was limited to Genesee County high school graduates, but it is open to those outside Genesee as well.

BATAVIA – Cornell University’s College of Agriculture and Life Sciences will be hosting a free three-day dairy processing bootcamp at the Genesee Valley BOCES from June 28 through June 30 for local high school students including those outside Genesee County.

The program is designed for career-ready individuals seeking opportunities in the dairy manufacturing and dairy processing industries. The program starts each day at 8 a.m. and concludes at 3:30 p.m.

The Genesee County Economic Development Center and the Workforce Development Institute provided the funding for the program. The bootcamp program will connect high school graduates with local manufacturers such as HP Hood, O-AT-KA Milk Products and Upstate Milk Cooperative in Batavia, and Yancey’s Fancy in Pembroke.

“This is a tremendous opportunity for our local high school graduates to get on a successful career pathway without having to immediately go to college and perhaps avoid incurring student loan debt,” said Chris Suozzi, Vice President of Business & Workforce Development at the GCEDC. “The participants will be receiving top tier instruction from Cornell University which will include hands-on training simulation experience, plant tours and more.”

There are currently over 100 available dairy manufacturing and dairy processing positions at these Genesee County businesses with average starting salaries of approximately $20 per hour. Human resource representatives from the various companies will be on hand to explain career path options, job duties and the application process.

“We have instructors with years of experience in the dairy field and bring an extensive amount of knowledge to this program,” said Cornell Dairy Processing & Marketing Specialist, Anika Zuber Gianforte. “The dairy industry is in need of workers, this bootcamp is the perfect opportunity for someone who is on the search for a well-paying and debt-free start to their career.”

To register for the upcoming Cornell in High School Dairy Processing Bootcamp, click here.

Students must be at least 18 years old and have a high school degree to participate. Additional information is available at gcedc.com/workforceprograms.

USDA wants to hear from operations with at least $1,000 in revenue

Photo by Tom Rivers: A tractor heads down Main Street in Medina on Saturday morning.

Press Release, National Agricultural Statistics Service

WASHINGTON — Agriculture producers who did not receive the 2017 Census of Agriculture and do not receive other USDA surveys or censuses have until June 30 to sign up to receive the 2022 Census of Agriculture at nass.usda.gov/AgCensus.

USDA’s National Agricultural Statistics Service (NASS) will mail ag census survey codes for responding securely online to every known U.S. producer this November. Hard copy questionnaires will follow in December.

The ag census, conducted for over 180 years, remains the only source of comprehensive and impartial agricultural data for every state and county in the nation. It includes every operation – large or small, urban or rural – from which $1,000 or more of agricultural products are produced and sold, or would normally be produced and sold, in the ag census year.

“The Census of Agriculture is a collective voice that tells the story and value of American agriculture. The data influence action and inform policy and program decisions that directly impact producers, their operations, and everyone they touch – and that’s all of us,” said Barbara Rater, NASS Census and Survey Division director. “This is why a complete count, with every producer getting and taking the opportunity to be represented in these data, is so important.”

On the NASS webpage, producers can also access frequently asked questions, explore past and current ag census data, access tools to help spread the word about the upcoming ag census, learn about ag census special studies, and more.

NASS builds its distribution list for every Census of Agriculture between and during ag census years through the official sign-up webpage and multiple National Agricultural Classification Surveys. To learn more about the 2022 Census of Agriculture, visit nass.usda.gov/AgCensus.

Editor’s Note: In Orleans County, farm products sold for $155.3 million in 2017, the 14^th most among NY’s 62 counties, according to the last Ag Census. That was up 3.3 percent over 5 years from the $150.3 million in 2012 for sales of fruit, vegetables, milk, livestock and other farm products. The 2012 figure was a 48.8 percent jump from the $101.0 million recorded in 2007, according to the Agricultural Census.

Press Release, New York State Department of Agriculture and Markets

File photo by Tom Rivers: These turkeys were part of the 2014 meat auction at the 4-H Fair in Knowlesville.

New York State Agriculture Commissioner Richard A. Ball on Friday announced the end of the bans on live poultry shows, exhibitions, auctions, sales, meets, and swaps in New York State.

The Department had previously issued the bans on March 25 and April 14 as highly pathogenic avian influenza (HPAI) spread across the United States, including detections in New York State.

The decision to lift the bans comes as cases decrease nationwide, including in New York State, which has not had a detection of HPAI in nearly two months. Additionally, as the state enters agricultural fair season, phylogenetic studies have shown that the majority of flocks affected in the current outbreak were infected by introductions from wild birds, rather than by farm-to-farm transmission, lending additional confidence to the decision to allow comingling of poultry again.

“New York has taken an aggressive approach to slowing the spread of avian influenza and it has paid off,” Commissioner Ball said. “With cases decreasing in our state and throughout the country, as well as new data showing very low rates of farm-to-farm transmission of HPAI during the current outbreak, I am confident that it is time to lift the bans on live poultry shows and sales. I thank all of our farmers, suppliers, distributors, and live bird markets for employing excellent biosecurity practices as we continue to monitor the HPAI situation closely, and I commend the Department’s Division of Animal Industry staff, who have worked so hard to keep the cases here in New York State under control.”

To date, eight flocks in New York have tested positive for HPAI, with the last detection in a Fulton County flock on April 6. The Department continues to work closely with the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) on a joint incident response and is also collaborating with partners at the Department of Health and Department of Environmental Conservation. Additionally, Department officials are conducting extensive outreach to poultry and egg farms across the state to ensure best practices are being implemented.

Commercial and hobby poultry farmers should continue practicing good biosecurity measures to help prevent the spread of the disease. The Department encourages all poultry producers, from small backyard to large commercial operations, to review their biosecurity plans and take precautions to protect their birds. Poultry biosecurity materials and checklists can be found on the USDA’s “Defend the Flock” website.

Provided photos: This group of students competed in the Niagara-Orleans Regional Envirothon at Bond Lake Park Nature Center in Lewiston.

Press Release, Soil & Water Conservation Districts in Orleans and Niagara counties

LEWISTON – Six teams of high school students competed May 5 at the Niagara-Orleans Regional Envirothon held at Bond Lake Park Nature Center in Lewiston.

Teams of five students in grades 9-12 were tested on wildlife, aquatics, forestry, soils/land use, and a current environmental issue. This year’s current issue was “Waste to Resources” – bringing to light ways to reduce waste and how to continue to do so in the future.

“Envirothon helps students get a hands-on knowledge of our environment and to understand how better to protect and manage the resources around them,” explained Dave Reckahn, Niagara County SWCD Natural Resource Technician.

This group won from Orleans County, representing the Orleans Career and Technical Education Center.

Congratulations to the winning teams, Niagara Career and Technical Education Center and Orleans Career and Technical Education Center. Both teams will move on to represent their county at the NYS Envirothon later this month at Hobart and William Smith Colleges.

“Envirothon is a great environmental competition to get students interested in different aspects of the outdoors” said Scott Collins, Niagara County SWCD RAP Coordinator and former Envirothon winner.

The Niagara-Orleans Regional Envirothon is a yearly event coordinated by the Soil and Water Conservation Districts of Niagara and Orleans counties. Essential support is provided by schools and community advisors, as well as local specialists in each field.

A special thank you to the event’s sponsors GM Foundation, NewRoyal Orchards and Orleans Poverty Hill Farm.

For more information about Envirothon visit www.envirothon.org or www.nysenvirothon.org.

To participate next year please reach out to our offices at 716-434-4949 ext. 4 for Niagara County students and 585-589-5959 ext. 5 for Orleans County students.

This is the winning Niagara County team from Niagara Career and Technical Education Center.

Photos by Tom Rivers

ALBION – Albion FFA members Alyson Knaak, left, holds a piglet named “Porkchop” and Jamie Penna holds “Bacon” during today’s Albion FFA Mini Farm Day.

Several hundred elementary students stopped by the FFA shop to see the farm animals and tractors in the parking lot.

“This is the most fun we have,” Knaak said.

Scott Oldenburg, the agriculture teacher and FFA advisor, said the students look forward to the Mini Farm Day.

“It’s the Albion FFA giving back to the elementary kids and educating them about the different animals on a farm,” he said.

Max Bentley shows this class of third graders a John Deere track tractor that was brought to the school by Panek Farms.

This dairy calf named “Jelly Bean” was brought to the Mini Farm Day by FFA member Samantha Basinait, who also brought an 1,100-pound Hereford steer.

Jeffrey Brown introduces students to Theo, a 5-year-old Norwegian Elkhound that loves bread, walks, bones, treats and belly scratches. The dog hates thunder, Jeffrey said.

Simon Ellison holds a Harklen cross rabbit. He is joined by Leah Pritchard, who introduced the students to a goat named Matilda in the pen.

Aiden Brien shows the class a Case IH speed tiller made available by Mathes Farms.

Taylor Soule holds a 3-legged goat named Jack that was very popular with this group of third-graders.

Austin Narburgh of the Albion FFA sent in this drone photo of the livestock area and tractors in the parking lot from the Mini Farm Day.