Orleans County has its first confirmed case of the avian influenza. It was detected in a backyard flock, said Robert Batt, executive director of the Cornell Cooperative Extension in Orleans County.

There are no other details about what type of bird, how many tested positive and the location.

The state Department of Agriculture and Markets on March 25 announced the spread of avian influenza among fowl and said it would ban all live shows and exhibitions in the state with chickens, turkeys, ducks and geese.

The state will reassess the status of the ban in May, at which time the Extension will be able to determine if fowl will be included the annual 4-H Fair in late July.

The current outbreak of avian flu is rapidly expanding nationwide, Ag and Markets said on March 25. It has also been detected among snow geese and wild ducks.

“People can still protect their flocks by getting them under cover and avoiding outside contamination,” Batt said. “There’s a possibility of prevention with some urgency and diligence.”

According to the U.S. Centers for Disease Control and Prevention, these recent avian flu detections in birds do not present an immediate public health concern. No human cases of these avian influenza viruses have been found in the United States.

Ag and Markets advised commercial and hobby poultry farmers to increase their biosecurity measures to help prevent the spread of the disease. Poultry owners should keep their birds away from wild ducks and geese and their droppings. Outdoor access for poultry should be limited at this time.

Press Release, Congressman Chris Jacobs

WASHINGTON, D.C. – Congressman Chris Jacobs (NY-27) joined 96 colleagues in calling on President Biden to reverse his anti-American energy policies and take steps to bring down the cost of fertilizers for farmers.

“Most common fertilizers are petroleum-based,” Jacobs said. “With prices skyrocketing and foreign supplies becoming less accessible, it is critical action is taken to bring down fertilizer costs for farmers.

“Farmers are struggling under increased fuel costs, labor shortages, and inflationary pressures on inputs. If we do not act now, it could spell even higher prices for American consumers. The President could take immediate steps to bring prices down across the board.

“His policies have been destructive to the U.S. energy industry, and in turn, our farmers. The President must allow for increased U.S. oil and gas production, take steps to allow for easier access to alternative fertilizers, and ensure critical minerals are made part of the Department of Interior’s mission.”

Recently, Jacobs also co-sponsored numerous pieces of legislation designed to restore American energy independence and bring fuel costs down for farmers and the American people as a whole.

“Farming is an industry of incredibly narrow margins – any action the President can take immediately to lower the inflationary pressures facing our farmers, in large part due to his bad policies, must be a priority,” Jacobs said.

The full text of the representatives’ letter to President Biden:

Dear Mr. President:

We are writing to express our serious concern regarding record-high fertilizer prices impacting American farmers going into the spring planting season. Fertilizer is a primary input and major expense for producers across the country, and price increases will have a significant effect on farm profitability and the prices of food and consumer products.

Since January 2021, according to the most recent data from the United States Department of Agriculture, the prices of key fertilizer sources have substantially increased as follows: anhydrous ammonia (by 203%); urea (by 141%); liquid nitrogen (by 162%); monoammonium phosphate (by 74%); potash (by 125%); and farm diesel (by 95%). Ongoing supply-chain bottlenecks and the rising cost of energy are among the factors sending fertilizer prices soaring, and disruptions stemming from Russia’s invasion of Ukraine will only compound the problem. As a result, Americans will pay more at restaurants, grocery stores, and elsewhere.

We are therefore urging your administration to review all available options to lower the cost of fertilizer, including but not limited to: eliminating the cross-border vaccine mandate for transporters of essential commerce; urging the USDA to use its existing authorities under the food supply chain and pandemic response resources to provide support for farmers facing financial difficulties; ensuring agricultural minerals like phosphate and potash are part of the Department of the Interior’s crucial mission; increasing U.S. gas production; and approving pending export permits at the Department of Energy for liquefied natural gas.

Quickly undertaking such measures is the most immediate – and perhaps only – near-term opportunity to partially remedy the high costs of fertilizer hurting American farmers and, ultimately, American consumers. Thank you for your attention to this matter.

Press Release, Congressman Chris Jacobs’ Office

Provided photo: Congressman Chris Jacobs, center, is joined by Assemblyman Steve Hawley, left, and State Sen. Ed Rath today at the Oakfield Community Center.

OAKFIELD – Congressman Chris Jacobs (NY-27), State Senator Ed Rath (R,C,I – Amherst), and State Assemblyman Steve Hawley (R,C,I-Batavia) held a press conference this morning to call on Governor Hochul to reject the NYS Farm Laborers Wage Board’s decision to lower the overtime threshold from 60 hours a week to 40 hours.

“Farming is already a business suffering from labor shortages with incredibly tight margins, if the Governor were to accept this decision it would have disastrous impacts on the viability of agriculture in our state and the security of our rural economies,” Jacobs said. “Lowering the threshold would force producers and workers out of our state, and bankrupt generation family farms. I urge the Governor to reject this decision – made at the expense of our farmers – our region’s future prosperity depends on it.”

“The decision by the Farm Laborers Wage Board to lower overtime hours from 60 to 40 hours is fatal to our farms. As the largest industry in New York, agriculture is a vital part of our Upstate community. With this overtime change, many family farms will not survive. I have spoken with countless farmers and farmworkers who have shared their concerns with this hour reduction. I remain deeply troubled by this decision and the impact it will have, not only in my district but across our State,” Rath said.

“Our state’s agri-businesses and rural communities are staring down the edge of a cliff as they eagerly wait to see whether Gov. Hochul will stand up for them, or for the special interests who’ve been pushing this policy through the bureaucratic process,” Hawley said. “Farmers, lawmakers, farm laborers and experts alike have made clear the devastating consequences this decision will have on agriculture. In this moment, Gov. Hochul has the power to save agriculture in New York state, or put it down a path that will cause it to become something completely unrecognizable. Having represented a rural part of upstate New York in Congress, I sincerely hope she understands how dangerous this decision would be not just for farmers, but for rural communities throughout the state.”

Jacobs recently joined the New York Republican Congressional Delegation in sending a letter to Governor Hochul outlining the disastrous impacts of this recommendation from the wage board and urging her to reject it.

Press Release, Roy-Hart Central School

Provided photo: Fourth-grade students from Royalton-Hartland Elementary School are excited about the results of their agricultural study project on worms that was a display at a district-wide celebration of the K-12 Agricultural Center of Excellence. The students now have a better understanding of how worms can add fertility to soil and help grow crops. Participating in the project are (from left to right) teacher Jessica Monaco and students Sylas Jones, Chloe Carpenter and Mason Heideman.

MIDDLEPORT – The Royalton-Hartland School District community came together today to celebrate the achievements made in the past four years and future plans for its innovative K-12 Agricultural Education Center of Excellence Program.

School Board leaders, teachers, students, Agriculture Foundation board members, government representatives and community volunteers participated in a celebration event that included tours of the newly-renovated Small Animal Care, Food Science and Agri-Science Labs, an overview of ongoing Farm-to-School activities at the Elementary, Middle and High Schools, accomplishments of the FFA, and future plans for the Ag program.

“With the leadership of the District’s Board of Education and many dedicated partners, we have made great strides in providing opportunities for our many students to explore agriculture and the environment, ultimately pursuing them in college studies with the hope many return to Niagara County to contribute to the local agriculture industry,” said Dr. Hank Stopinski, Roy-Hart superintendent of schools.

“Many event attendees Wednesday saw first-hand the momentum that is building behind agriculture education and career preparation, how engaging and innovative our programs have become and the tremendous dedication driving it on a staff and community-wide basis,” he said.

Roy-Hart High School students have more reason now to pursue a higher education in agricultural sciences with the opening of the three new labs, which in further detail are:

• Small Animal Care Lab: This lab is designed to support the animal science curriculum and provide hands-on learning opportunities for students. Grooming, health exams, sanitation and other small animal concepts are taught in this area.
• Food Science Lab: The lab/classroom space features the latest instructional technology and can serve up to 30 students. It is equipped with multiple workstations for the preparation and processing of food. The lab will be used during the school day in support of the Food Science class, in the evenings and weekends for adult continuing education and special immersion/enrichment experiences for students.
• Agri-Science Lab: This large classroom/lab is designed to allow students to have hands-on learning applications for multiple agricultural education concepts that include, but are not limited to large animal care, aquaponics, hydroponics and floral design.

The Roy-Hart Agricultural Education Center of Excellence Program has also seen the creation of an Outdoor Learning Lab at the Roy-Hart Elementary School, a STEM lab at the high school, and the infusion of a Farm-to-School studies program in the middle school curriculum.

Primary financing for the labs came through funds made available by FMC Corporation to be requested by the Royalton-Hartland School District for qualified projects under the Environmental Benefit Projects Policy of the New York State Department of Environmental Conservation (NYSDEC), in accordance with a 2019 Order on Consent between FMC and NYSDEC.

Additional funding for the program also came from the Grigg Lewis Foundation, with the support of the non-profit Royalton-Hartland Agriculture Foundation, State Farm and ExxonMobil.

Roy-Hart also received an $87,419 grant from the U.S. Department of Agriculture’s Food and Nutrition Service Farm-to-School Program to further support the high school Food Science Lab with kitchen equipment and stipends for teachers to implement the Food Science curriculum, as well as the build-out of the middle school’s Family and Consumer Science Lab.

Farmers would likely to turn away from labor-intensive apples, cabbage and squash for grain and processing crops

Photo by Tom Rivers: Orleans County Farm Bureau President John Kast speaks at Wednesday’s County Legislature meeting when he asked the county officials to oppose lowering the overtime threshold in agriculture from the current 60 hours. Kast said the change would hurt seasonal workers who would see smaller paychecks with reduced hours and fewer jobs as farms would likely shift to more mechanization.

ALBION – Orleans County farmers each year welcome about 1,500 seasonal workers to bring in labor-intensive crops, from apples, cabbage, squash and cherries. Many workers are also needed each spring to plant onions on the muck in Barre and Clarendon.

Those workers are critical to Orleans County’s biggest business of agriculture, which totaled $155.3 million in 2017 federal ag census. That put Orleans as 14^th among the state’s 62 counties.

But John Kast, president of Orleans County Farm Bureau, said the agriculture sector faces a big threat to its long-term viability with a strong push to lower the overtime threshold from 60 hours a week to 40.

“The decision to lower the overtime threshold will dramatically increase a farm’s operating cost with no way to adjust to recoup those costs,” Kast told the Orleans County Legislature on Wednesday. “Farms do not have the ability to set prices on our commodities. We are at the mercy of our buyers and futures markets. Unlike many other businesses that can raise prices or make other adjustments like adding self-checkout systems or kiosks for ordering, we must absorb the extra cost which is unsustainable.”

A three-person Farm Labor Wage Board voted on Jan. 28 to gradually reduce the overtime threshold in agriculture from 60 hours a week to 40 hours. The reduction in the OT threshold would be phased in from Jan. 1, 2024 to Jan. 1, 2032.

The County Legislature on Wednesday passed a formal resolution, asking Gov. Hochul not to follow the Wage Board by adopting the new threshold. Farmers have many cost factors out of their control and can’t pass on the increased costs due to a commodities market where prices are set due to global demand, legislators said.

The change in NY also puts NY farmers at a competitive disadvantage where there would be a different wage structure for workers. Many of those states already have a much lower minimum wage than in New York.

The seasonal workers, however, earn more than the minimum wage, Kast said.

The workers in the federal H2S program will be paid $15.66 an hour in 2022, Kast said. And farms also cover the visa costs, all travel costs to the local community and then back to their home country. The farms also must provide transportation and housing during the workers’ time here, Kast said.

“Our housing facilities are inspected by the local health department and are maintained under strict requirements from the New York State Department of Labor and Department of Health,” Kast told legislators. “Which is more than most apartments and condos are required to do. All of which provides additional benefits to our workers and adds additional costs to our farms.”

The Wage Board adopted a reduced threshold that would begin in two years with the threshold down to 56 hours a week and then would drop 4 more hours every two years until it’s at 40 hours a week on 2032.

The change would force farmers to either try to stay under the overtime cap and get as much work done as possible, or switch to less labor-intensive crops.

“Either option means less hours, less opportunity and less money for seasonal workers,” Kast said. “There are states all around that do not have overtime rules for agriculture and many of our workers have told us that if they will earn less money here and cannot work as much as they are able to, they will go elsewhere where they can.”

Kast said the very landscape of the county would change if the OT threshold drops, with fewer apple orchards and fields of cabbage and squash.

Kast said the seasonal workers, who often come from Mexico or Jamaica, have been with the same family-run farms for many years.

“Our workers are like family to many of us,” Kast said. “Often workers have been coming up for many years and in some cases multiple generations. We want them to enjoy working for us while being able to provide a good living wage for their families.”

NY creates conditional adult-use cannabis cultivator license for hemp farmers to grow cannabis

Press Release, Gov. Kathy Hochul’s Office

Governor Kathy Hochul today signed legislation creating a new Conditional Adult-use Cannabis Cultivator license, establishing a pathway for existing New York hemp farmers to apply for a conditional license to grow cannabis in the 2022 growing season for the forthcoming adult-use cannabis market.

Gov. Kathy Hochul

Under the law, conditionally licensed cannabis farmers must meet certain requirements, including safe, sustainable and environmentally friendly cultivation practices, participation in a social equity mentorship program, and engagement in a labor peace agreement with a bona fide labor organization.

“I am proud to sign this bill, which positions New York’s farmers to be the first to grow cannabis and jumpstart the safe, equitable and inclusive new industry we are building,” Governor Hochul said. “New York State will continue to lead the way in delivering on our commitment to bring economic opportunity and growth to every New Yorker in every corner of our great state.”

With a conditional adult-use cannabis cultivation license, farmers can grow outdoors or in a greenhouse for up to two years from the issuance of the license. It also allows them to manufacture and distribute cannabis flower products without holding an adult-use processor or distributor license, until June 1, 2023.

Cultivators are limited to one acre (43,560 square feet) of flowering canopy outdoors or 25,000 square feet in a greenhouse and can use up to 20 artificial lights. They can also split between outdoor and greenhouse grows with a maximum total canopy of 30,000 square feet as long as greenhouse flowering canopy remains under 20,000 square feet.

The Office of Cannabis Management will be developing a license application process and opening the program as soon as possible. To qualify for an Adult-use Cannabis Conditional Cultivator License an applicant must have been an authorized industrial hemp research partner for the Department of Agriculture and Markets, cultivating hemp for its non-intoxicating cannabinoid content for at least two of the past four years and in good standing as of December 31, 2021, when the research program ended.

Holders of the license must also participate in a social equity mentorship program where they provide training in cannabis cultivation and processing for social and economic equity partners, preparing them for potential roles in the industry. Growers will also have to meet sustainability requirements to ensure the cannabis is grown in an environmentally conscientious way.

The Governor’s action today builds on the quick work she and the OCM have undertaken to bring the new cannabis industry to life in New York. In January , the Governor’s Executive Budget proposed a $200 million program that will use industry licensing fees and revenue to provide support to eligible applicants from communities impacted by the overcriminalization of cannabis during its prohibition. The Governor and the Legislature also moved quickly to appoint the Cannabis Control Board and OCM leadership within weeks of the start of her administration. Since the Board held its first meeting on Oct. 5, the OCM has:

• Launched the Cannabinoid Hemp Program, putting in place protections for the public and provisions to help New York’s CBD businesses compete;

• Vastly expanded access to the Medical Cannabis Program, including empowering health care providers to determine if medical cannabis can help their patients, lowering costs by permanently waiving patient fees and allowing the sale of whole flower, and growing the list of providers who can certify patients; and

• Launched its first wave of community outreach events with 11 regional events, including one in Spanish, that’s already engaged more than 5,000 attendees; and

• Developed a pipeline of talented professionals to join the Office’s growing team and built the infrastructure to support the office.

Office of Cannabis Management Executive Director Chris Alexander said, “I can’t thank Governor Hochul and the Legislature enough for providing us with the tools to make up for lost time while also keeping equity and inclusion at the center of the new cannabis industry we’re building in New York. With this bill, we’re putting New York farmers, not big corporations, at the forefront of our industry while protecting public health by delivering safely grown products. We are immediately getting to work implementing the bill so that our farmers can start planting this spring.”

Ag advocates urge governor, DOL commissioner to keep overtime at 60 hours a week

Provided photo: Assemblyman Steve Hawley of Batavia speaks at a press conference with farmers, agricultural advocates and other Republican members of the Assembly in Albany on Tuesday.

It may be months before there is a decision from the Department of Labor and Gov. Kathy Hochul on whether the overtime threshold in agriculture will be reduced from the current 60 hours a week.

The New York Farm Bureau, an agricultural coalition called Grow NY Farms and many Republican state legislators on Tuesday again tried to rally support against lowering the OT threshold.

Gov. Kathy Hochul on Tuesday said she met with Farm Bureau leaders and heard their concerns. The group has said lowering the OT threshold from 60 to 40 hours would dramatically increase farms’ operating costs. It would likely force them to cut hours for employees, which would upset workers and could push that workforce to other states where they could earn more by working more hours.

Many farms would likely be forced to move away from intensive hand labor – fruit, vegetables and dairy – and go with crops like corn and soybeans where machines do most of the work. Already many dairies are switching to robotic milkers. Ag advocates say an OT change will push many farms out of business.

“We are looking at it closely,” Hochul said in a news conference, responding to a question from a reporter. “Agriculture is an essential industry for us. We need to have industry be strong and viable.”

A three-person Farm Labor Wage Board voted on Jan. 28  to gradually reduce the overtime threshold in agriculture from 60 hours a week to 40 hours. The reduction in the OT threshold would be phased in from Jan. 1, 2024 to Jan. 1, 2032.

“It will be a long roll out,” Hochul said. “There will be plenty of time to adapt to it.”

The Wage Board called for a phase in with overtime threshold dropping to 56 hours a week beginning on Jan. 1, 2024, then down to 52 hours on Jan. 1, 2026; 48 hours on Jan. 1, 2028; 44 hours on Jan. 1, 2030, and then a 40-hour threshold to take effect Jan. 1, 2032.

If the threshold is reduced, Hochul said the state should consider offering tax relief to help farmers with the added labor costs.

The Wage Board hasn’t yet submitted an official report to Department of Labor Commissioner Roberta Reardon. When the report is submitted, the commissioner has 45 days to review the recommendations and announce a decision.

Assemblyman Steve Hawley of Batavia, a former farmer and Genesee County Farm Bureau president, spoke at a news conference in Albany at the state capitol. Hawley worries that the increases in labor costs will force many farmers out of business.

“The end of farming as we know it in New York would be one of the greatest tragedies our state has ever seen, but it is one that would be entirely preventable,” Hawley said. “Gov. Hochul and Commissioner Reardon have been made very aware of the consequences the decision to lower the overtime threshold would have, and the power now rests in their hands to decide whether they stand with our farmers and rural communities or the special interests who’ve worked to advance this proposal.”

Press Release, Assemblyman Steve Hawley

Assemblyman Steve Hawley (R,C,I-Batavia), a former farmer and member of the Assembly Committee on Agriculture, has written a pair of letters to Gov. Kathy Hochul and Labor Commissioner Roberta Reardon urging them to stop the implementation of a reduction in the farm labor overtime threshold from 60 to 40 hours.

Last Friday, the Farm Laborers Wage Board voted 2-1 to lower the threshold. Power now rests with Gov. Hochul and Commissioner Reardon to enact the overtime threshold reduction.

“Farmers from all corners of our state have spoken about how dangerous this policy would be for them, for their families, and for their communities alike,” Hawley said.

“The time has come for Gov. Hochul and Commissioner Reardon to decide whether they stand with farmers or the special interests who’ve worked behind the scenes to advance this proposal,” Hawley said. “As the consequences of this decision have clearly been laid out for them, I sincerely hope they’ll recognize how disastrous this decision would be for farming as we know it in New York and take action to prevent its implementation.”

Courtesy of New York Beef Council

LIVERPOOL — The New York Beef Council has recognized a local dairy farm with the 2021 Environmental Stewardship Award.

The recognition is given annually to a beef producer with outstanding stewardship practices and conservation achievements.

Lamb Farms, a family dairy operation owned and operated by the Lamb and Veazey families, was honored for their stewardship.

The farm was founded in Oakfield in 1966. Ten years later, Leslie and Gordon Lamb added Jim Veazey as a partner on the farm. The farm continues operating under the management of both families.

Lamb Farms consists of five farms in New York and one farm in Ohio. The farm raises crops for feed on approximately 13,000 acres. Lamb Farms milks 6,500 cows and raises 7,500 heifers.

The home farm and satellite farm in Oakfield each have a rotary (carousel) milking parlor, and both are popular sites for visitors. Lamb Farms has had two methane digesters installed in recent years. This gas is captured and piped off-farm.

The operation produces feed for the cattle on their farm, growing acres of corn and alfalfa.  The farm is continuously improving its tillage and crop rotation practices to reduce soil erosion and eliminate nutrient runoff. A prime example is their use of a zone builder which through GPS technology only tills the soil exactly where the corn will be planted.

“Farmers are caretakers of their animals and the land. We care about implementing sound environmental practices that will allow future generations the same opportunities that we have had,” farm owners said in a statement. “Dairy farming is a natural way of recycling nutrients to produce a delicious product. The cows make manure, which we use to fertilize the crops that we grow to feed the cows. We work with a certified environmental planner to ensure that this is done in an environmentally responsible manner.”

Press Release, New York Farm Bureau

New York Farm Bureau released its 2022 state legislative priorities on Monday that address the needs and challenges of the state’s diverse agricultural community in New York State. This included reaction and next steps to address Friday’s Farm Labor Wage Board decision to lower the overtime threshold from 60 to 40 hours over the next decade.

Overtime Threshold Decision

New York Farm Bureau President David Fisher, who is on the Department of Labor’s Farm Labor Wage Board, expressed his serious concerns with the 2-1 decision passed late Friday that will begin dropping the threshold in 2024. He said it will be extremely difficult for farmers and farmworkers to absorb and will change the face of New York agriculture.

He also questioned why more of the submitted video testimony was not played for the full wage board to hear and consider.

“In the end, the decision was made with little deliberation or reflection of the testimony. I would have hoped my fellow board members would have considered more of the impacts that this will have on agriculture,” said President Fisher.

About 70-percent of the testimony was in favor of keeping the overtime threshold at 60. Many farmers and farmworkers testified that anything lower will hurt farmworkers. It will mean fewer hours, less income and force those wanting to work more to find a second job or leave New York State for employment. New York State can’t afford to lose its skilled workforce. Fisher also expressed on the call how this will negatively impact farms operating under thin profit margins as well as New York’s food system and access to local food.

“We saw how important that was in the pandemic for consumers and food banks. We heard testimony that labor will be too expensive, and hours will be limited so there won’t be that excess product to give away,” he said.

New York Farm Bureau is asking Gov. Hochul to find an alternative to the wage board’s recommendation. The organization appreciates that she is looking for a creative solution by proposing a tax credit to offset overtime pay, but many farmers have expressed concern over having to cash flow the high overtime costs before they could see any income from the tax credit, potentially a year later. New York Farm Bureau is asking for more discussion around this with the governor and legislature.

“So much is at stake. This is a priority issue for New York Farm Bureau and all of agriculture. We have worked closely with our partners in the Grow NY Farms coalition and will continue to fight forward together,” said Fisher.

Food Processing

Farmers are still feeling the repercussions from the pandemic with market disruptions, supply shortages, and inflation that has increased the costs for many things needed to farm.

Another NYFB priority aims to alleviate some of the pressure farms experienced when national supply chains were disrupted. While New York State has some outstanding dairy and food processing plants, there is a lack of processing for some commodities, including meat processing.

Nearly all of the USDA certified processing facilities in this state are small scale. While they are critical to the state’s food infrastructure, many times it takes farmers months to secure slots to process livestock, often turning to larger facilities out of state.

“New York Farm Bureau recognizes that there are no easy answers, but it is clear that there is a demand. New York Farm Bureau is asking the state to continue the discussion, perhaps bring interested parties together in a round table to look for needed solutions. This could address supply chain issues that will undoubtedly happen again in the future,” said Eric Ooms, NYFB Vice President.

State Budget

The New York State budget will be a major focus for NYFB as well. The spending plan put forth by the governor is truly one of the best NYFB has seen in years. She fully funds a number of important animal health, promotion and research programs. The governor also is doubling the workforce retention tax credit from $600 to $1,200 which would offset some rising labor costs that continue to put New York farms at a competitive disadvantage. The governor is also proposing to increase an investment tax credit to 20 percent for farms to recoup some expansion costs if they qualify with a tax liability to take it. NYFB is asking for that to be a refundable tax credit.

The governor is also proposing a record $500 million in spending for the Environmental Protection Fund. This includes $2 million more for farmland protection and nutrient management programs, $4 million dollar increases for both Soil and Water Conservation Districts, that help administer sustainability efforts, and invasive species programs. There is also $17 million earmarked for climate resilient farming initiatives.

“This funding addresses another of our major priorities to support farmers in their efforts to adapt to and mitigate climate change. These programs will fund critical programs that will help farmers to continue to invest in soil health practices and support on-farm renewable energy to meet the state’s net-zero climate goals. Farmers are actively involved in reducing carbon emissions, and this funding recognizes that those efforts are working,” said Jeff Williams, NYFB’s Public Policy Director.

The State Senate has already advanced another one of our priorities for the session. It passed Senator Anna Kaplan’s bill (S.6791A) that adjusts how much employers contribute to the unemployment insurance program.

“Because of the need during the pandemic, employers had to pay increased unemployment taxes which can be challenging for farms that operate under thin profit margins.  The bill looks to replenish the trust fund without overburdening the state’s small businesses,” said Ooms.

Direct Sales for Farm Beverages

NYFB is prioritizing legislation allowing for direct-to-consumer shipping for all New York produced farm beverages, including beer, cider, and distillates. There are several proposed bills in both the senate and assembly addressing the issue. The Covid-19 Pandemic was extremely challenging for the farm beverage industry.

Tasting rooms were shut down for a time, and these businesses suffered a loss in revenue, like many small businesses. Providing direct-to-consumer sales for craft spirts, hard cider and beer would be a new market opportunity for the industry, provide safe, contactless transactions, and put them on parity with the state’s wineries.

Extended Producer Responsibility Legislation

NYFB is concerned about the Extended Producer Responsibility legislation. This bill looks to pass the cost and responsibility of recycling packaging away from the consumer and to the source of the product, in this case farms and food processors who need things like milk containers, wine bottles and food packaging to sell what they produce. This puts an extraordinary financial burden on to the state’s farms and businesses, a burden that they cannot pass on to consumers, according to the bill.

“Farms may not have been the target of this legislation, but they are among the unintended casualties should it pass without addressing the problem. We are asking lawmakers for an exemption for agriculture,” said Williams.

“In the end, it is imperative that we all work together to expand opportunities and capitalize on what we do well in New York. We have one of the most diverse agricultural sectors in the country. It is worth it to each of us to maintain that strong connection to food and farm production,” said President Fisher.

Overtime changes to gradually be phased in from 2024 to 2032

Photo by Tom Rivers: A farmer plows a field on March 26 to get the land on Gaines Basin Road in Albion ready for spring planting.

A three-person Farm Labor Wage Board voted today to gradually reduce the overtime threshold in agriculture from 60 hours a week to 40 hours.

The reduction in the OT threshold would be phased in from Jan. 1, 2024 to Jan. 1, 2032.

Many in the farming community testified at hearings this month the decision would actually hurt workers, who would see smaller paychecks due to working less hours each work. Many farmers said they would be looking to grow less labor-intensive crops.

The decision this afternoon from the Wage Board was called a “disastrous policy” by State Senate Republican Leader Rob Ortt, whose district includes many farm and agricultural operations in Orleans, Niagara and Monroe counties.

“By lowering the overtime threshold from 60 hours to 40, unelected bureaucrats – empowered by Albany Democrats – are jeopardizing the future of New York’s agriculture industry,” Ortt said. “This decision is the result of the 2019 passage of the so-called Farm Labor Act, sponsored by a New York City Senate Democrat who doesn’t have a single farm in her district.

“Everyone agrees that family farmers and farmworkers deserve to be treated fairly,” Ortt said. “With this new burdensome mandate, they will be added to the exodus of people leaving our state. Today will be remembered as the day that family farming died a slow death in our state – and it was radical, out-of-touch Senate Democrats who killed it.”

Grow NY Farms issued the following statement:

“The Farm Laborers Wage Board voted two-to-one to recommend lowering the overtime threshold to 40 hours a week over the next decade, despite 70% of the testimony made by farmers and farmworkers who asked for overtime to stay at 60. It is disingenuous and irresponsible that the data, research, and comments made from those who know agriculture best were cast aside by the majority of the Wage Board. Changing the overtime threshold to 40 hours a week for farmworkers in New York means that these workers will be limited to 40 hours, due to simple farm economics. This is not a win for farmworkers that self-proclaimed worker advocates will claim.

“Agricultural production, diversification, and job availability will suffer. That is no scare tactic. We have already seen farmworkers leave the state for more hours of work and production shift to less labor-intensive crops since the farm labor legislation was enacted in January 2020. Further collapse of New York agriculture is on the hands of those who spread falsehoods and look to destroy the livelihoods of farmworkers they say they represent. This is also a loss for New Yorkers who enjoy and depend on access to local food, something that was highlighted during the pandemic.

“New York Farm Bureau President David Fisher voted against lowering the threshold, simply asking for more time to study the economic impacts of a lower threshold. Governor Hochul and Commissioner Reardon must now do what is right and let the facts be their guide. If this administration cares about the future of upstate New York, Long Island and urban access to locally produced food, they must put a stop to the constant regulatory assault on agriculture.

“Grow NY Farms would like to thank everyone who testified this year. The care and respect they have for their employees were clear from the beginning. No wage board decision can take that away. We all value essential farm work and want the very best for farm employees, that includes the ability to earn a livelihood in the profession they have chosen.”

Provided photo: Pictured from left, fruit farm operator Jim Bittner, vegetable and dairy farm operator Maureen Torrey Marshall, Sen. Ed Rath (R,C,I-Amherst), Congressman Chris Jacobs (NY-27) and Assemblyman Steve Hawley (R,C,I-Batavia) discuss the impact of vaccine mandates on farms and agriculture on Thursday.

Press Release, Congress Chris Jacobs

GENESEE COUNTY – Congressman Chris Jacobs (NY-27), State Senator Ed Rath (R-Amherst), and State Assemblyman Steve Hawley (R-Batavia) met with local farmers and agricultural leaders on Thursday to discuss the impact of President Biden’s vaccine mandate at the Northern border, and the current supply chain issues and labor shortages facing the agricultural industry.

“Representing our farmers on the House Agriculture Committee is a job I take very seriously, and right now their livelihoods are at stake as a direct result of President Biden’s vaccine mandates,” Jacobs said. “Farming is a round the clock industry that has no room for delays or logistical blockades, yet that is exactly what the President has created. His mandate that just recently went into effect is causing trucking delays, which seriously impacts our farmers and hurts our ag-focused economy in New York’s 27th District. I have fought against these mandates, and I will continue to do so to ensure our supply chains remain intact and our farmers are supported.”

Jacobs is a member of the House Agriculture Committee. In December, he sent a letter with Congresswoman Elise Stefanik to President Biden warning of the disruption his vaccine mandate at the border would cause in the supply chain. The President ignored this warning.

“Our New York farmers have been taking hit after hit,” Rath said. “Many are already struggling with staffing shortages and supply chain issues, at no fault of their own. Jeopardizing their available workforce is irresponsible and inconsiderate of the overwhelming pressures that farmers are facing. I have advocated for simplifying the countless mandates to help our farms and businesses. I will continue to fight for our agriculture community.”

“Vaccine mandates issued at any level of government only serve to cripple our response to the very pandemic such mandates seek to improve,” Hawley said. “For farmers in particular, disruptions in the supply chain could mean the loss of crop yields, the death of livestock animals and critical equipment remaining in a state of disrepair for long periods of time when out of order. When the operations of our farms slow down, the economies of our rural communities slow as well. And across our nation, the restocking of grocery store shelves will continue to be a spotty process. Mandates that stifle the efficacy of our supply chain will only prolong the suffering brought about by this pandemic, and I remain committed to combating their implementation in any broad capacity.”