agriculture

Ortt, Senate Republicans again ask Labor commissioner not to lower OT threshold in ag

Posted 22 September 2022 at 9:16 pm

‘Our farming industry functions much differently than other industries and would crumble under this Albany mandate.’ – Rob Ortt

Press Release, NYS Senate Republican Leader Rob Ortt

ALBANY – Senate Republican Leader Rob Ortt and members of the Senate Republican Conference penned a letter to the New York State Department of Labor Commissioner Roberta Reardon urging her to reject the Farm Laborers Wage Board recommendation to lower the overtime threshold for New York State farms from 60 hours to 40 hours per week.

“Our economy relies greatly on our New York State farmers, who are already struggling with 40-year high inflation, record-high fuel prices, and severe worker shortages,” Ortt said. “Our farming industry functions much differently than other industries and would crumble under this Albany mandate. If the final report is accepted by the Labor Commissioner, we will see livelihoods across our state ruined and a mass exodus of farm workers. The damage will go beyond our farming industry and increase the price of consumer goods that many New Yokers are already struggling to afford. If we want to keep workers here, combat rising prices, and support our farmers, then Albany must stay at 60.”

During public hearings held by this Farm Laborers Wage Board, hundreds of farmers took time from their busy days to give emotional comments expressing their concerns that increased labor costs would threaten their small family farms, which make up 96 percent of New York’s farms. Several economic development and business organizations came out in opposition to reducing the 60-hour overtime threshold, including the Grow NY Farms Coalition, the Business Council of New York State, the National Federation of Independent Businesses of New York (NFIB) and Upstate United.

“While it is common to hear state leaders praise the invaluable contributions of our farming community, nice words ultimately do nothing to help New York farmers who are struggling under the weight of ever-expanding state mandates and rising costs,” said Senator George Borrello, Ranking Member of the Agriculture Committee. “The decision on whether to accept the Wage Board’s misguided recommendation that the overtime threshold be lowered is an opportunity to back up words with action. By rejecting the adoption of a 40-hour threshold, Governor Hochul and Commissioner Reardon can save our farming community from a long, painful demise and ensure this vital industry has a future in our state.”

“I govern by listening and when farmers and farmworkers alike tell me this change will be detrimental to their ability to produce here in New York, I take notice. It is far past time for Albany to do the same and reject this misguided change. The future of farming in New York State is on the line, and we will not stop speaking out against this bad policy until the voices of those who will be impacted are truly heard and the decision reversed,” said Senator Sue Serino.

In December 2021, Senate Republicans wrote a letter to the Wage Board, citing a Cornell University study that found that two-thirds of dairy farmers would make significant changes to their operation, including leaving the industry or investing out of state, and half of fruit and vegetable farmers indicated they would decrease their operations or exit the industry, if the overtime threshold was lowered to 40 hours.

On January 28, 2022, the Wage Board revisited the overtime threshold set in 2019 through the Farm Laborer Fair Labor Practices Act (FLFLPA), and voted to reduce the threshold from 60 hours to 40 over the next decade, decreasing the threshold by four hours every two years.

Members of the Senate Republican Conference signed onto a follow-up letter written Aug. 16, 2022. On Sept. 1, 2022, Senator Serino joined her Republican colleagues and members of the local agriculture community calling on the Farm Labor Wage Board in Albany to reject a reduction of the overtime threshold from the current 60 hours to the proposed 40 hours.

Despite near-universal opposition, the Wage Board voted 2-1 on Sept. 6 to advance its final recommendation for lowering of the overtime threshold for farmers. The state Labor Commissioner Roberta Reardon has 45 days from this date to accept or reject the recommendation.

In addition, Senator Borrello carries a bill to abolish the Farm Laborers Wage Board, who ignored 70% of testimony with their overtime threshold recommendation. The legislation is co-sponsored by fellow Senate Republicans, including Leader Ortt and Senator Serino.

NY awarded $60 million for farms and forests to advance ‘Climate Smart’ projects

Photo by Tom Rivers: These soybeans are shown on Tuesday evening in a field behind the Albion school campus off Clarendon Road.

Posted 21 September 2022 at 9:54 am

Press Release, Gov. Kathy Hochul’s Office

Governor Kathy Hochul on Tuesday announced the New York State initiative, NYS Connects: Climate Smart Farms and Forests Project, was awarded a $60 million grant under the first round of the U.S. Department of Agriculture Partnerships for Climate-Smart Commodities funding opportunity.

Led by the State Department of Environmental Conservation and Department of Agriculture and Markets, the project is one of 70 selected nationally and will help agriculture producers and forest landowners implement climate smart agriculture and forestry practices, and build connections between landowners and companies with a growing demand for commodities produced using climate smart strategies.

“Sustainable agriculture is critical for combatting the effects of climate change, and this significant funding commitment will greatly aid New York’s farm and forest owners, allowing us to partner together as a nation to reduce greenhouse gases,” Hochul said. “Thanks to this funding announced under President Biden and his Administration, we take another major step towards improving our environment for the next generation. The public and private partnerships leading the Climate Smart Farms and Forests Project will provide new and innovative measures that promote forestry and farming that will help achieve our ambitious climate goals, protect the environment, preserve farmland, and meet a global demand for products grown with greener technology.”

A climate smart commodity is an agricultural commodity that is produced using agricultural (farming, ranching or forestry) practices that reduce greenhouse gas emissions or sequester carbon. The NYS Connects: Climate Smart Farms and Forests Project will immediately fund landowners working to implement multiple climate smart agriculture and forestry (CSAF) practices by building on current State programs.

The project will identify and mitigate social and behavioral barriers to CSAF practice adoption, particularly among underserved and minority populations. A combination of new and well-developed tools will be used for measurement, quantification, monitoring, reporting, and verification. This data will also be beneficial for building continuous improvement processes to refine practices and programs, reduce costs, and mitigate greenhouse gas emission impacts.

In the first round of funding, the U.S. Department of Agriculture (USDA) is investing up to $2.8 billion in 70 selected projects nationally from more than 450 submitted project proposals. The initial projects will expand markets for climate-smart commodities, leverage the greenhouse gas benefits of climate-smart commodity production, and provide direct, meaningful benefits to production agriculture, including for small and underserved producers. USDA will work with the applicants for the 70 identified projects to finalize the scope and funding levels in the coming months.

Department of Environmental Conservation Commissioner and Climate Action Council Co-Chair Basil Seggos said, “In New York State, private forests are removing climate-altering carbon dioxide from the atmosphere at a rate equal to the emissions from two million gasoline-powered vehicles, highlighting the importance of partnering with landowners to sustain our forests and fight climate change. With strong partners in Washington, D.C., DEC will use these federal funds to implement our aggressive climate action plans by bolstering forest regeneration programs and encouraging landowner participation, while also helping small landowners and those in underserved communities offset costs to develop forest management plans.”

Department of Agriculture and Markets Commissioner Richard A. Ball said, “This USDA award is major, exciting news for New York, and will build on the tremendous work that has been ongoing at the state level to combat climate change. From the Climate Action Council to the Climate Resilient Farming Grant program, the Department is a critical part of the solution, helping our farmers to implement conservation measures in response to environmental challenges and secure our food supply.

“Together, in partnership with DEC, the Soil and Water Conservation Districts, Cornell Cooperative Extension, SUNY ESF, Syracuse University and many others, we are leading the way in innovative, best agricultural environmental practices that are reducing greenhouse gas emissions, removing carbon dioxide from the atmosphere, and helping farms build resiliency to the impacts of a changing climate. The USDA funding will help us reach even more farmers through our CRF program and ensure the participation of new, underrepresented farmers and the development of Climate Smart Agriculture and Forestry for small scale farms, including urban operations.”

New York’s Climate Leadership and Community Protection Act requires some of the most aggressive climate targets in the nation. The Climate Act provides policy certainty and ensures that this project will have an immediate impact and will accelerate the development of CSAF practices and ensure continuation for decades. This initiative also can lead to substantially larger investments to decarbonize multiple sectors of the economy, such as buildings, and energy sources, through the ability to advance the highest standards in measurement, monitoring, reporting and verification. In this way, it can unlock the agriculture and forestry industries to enable deeper decarbonization across the entire economy.

USDA ranked New York State as number eight nationally for direct jobs in the Biobased Products Industry prior to implementation of the Climate Act. The state’s biobased economy added more than $9.2 billion of total value and supported over 100,630 total jobs, with forest products, agriculture, and biobased chemicals and textiles leading the way.

In addition to contributing to the 85 percent economywide greenhouse gas reductions, agriculture and forestry will be the main source of offsets for the remaining 15 percent of State emissions by 2050. To meet these ambitious targets, New York’s farmers will need to reduce emissions while boosting carbon sequestration in soils and trees. Increases in funding and support for farm planning, reporting, benchmarking, and tracking are needed to meet these ambitious targets, along with developing market-based systems to incentivize CSAF commodities.

In addition to DEC and AGM, supporting partners in this project include the New York State Energy Research and Development Authority, New York State Soil and Water Conservation Committee, County Soil and Water Conservation Districts, Cornell College of Agriculture and Life Sciences (CALS), State University of New York College of Environmental Science and Forestry (SUNY ESF), and Syracuse University.

Spotted Lanternfly, which is destructive to apple trees, discovered in Buffalo

Photos courtesy of nYS Department of Ag & Markets: The adults are about 1-inch long and half-inch wide with wings folded. Adults can hop several feet if startled. SLF feeding can stress plants, making them vulnerable to disease and attacks from other insects. SLF also excretes large amounts of sticky “honeydew,” which attracts sooty molds that interfere with plant photosynthesis, negatively affecting the growth and fruit yield of plants, negatively impacting agriculture and forest health.

Posted 13 September 2022 at 12:04 pm

Press Release, NYS Department of Agriculture and Markets

ALBANY — The New York State Department of Agriculture and Markets is asking residents in Western New York to be on the lookout for Spotted Lanternfly (SLF), after a population was found in the Buffalo area last week.

SLF is a destructive pest that feeds on more than 70 plant species, including tree-of-heaven, and plants and crops that are critical to New York’s agricultural economy, such as grapevine, apple trees, and hops. The invasive was first observed in New York State on Staten Island in August 2020, and since then the population has been reported in all New York City boroughs, Long Island, Port Jervis, Sloatsburg, Orangeburg, Ithaca, Binghamton, Middletown, Newburgh, Highland, and now in the Buffalo area.

State Agriculture Commissioner Richard A. Ball said, “We are concerned about the significant number of adult Spotted Lanternfly that have been found in Buffalo, especially with its proximity to the Concord grape growing area in Western New York. SLF can have a devastating impact on vineyards, as we’ve seen in neighboring states, so we need everyone’s help to be on the lookout for this invasive and to report it immediately.”

The spotted lantern fly nymphs can be over a half-inch long. When flying or startled, the insect will show bright red hind wings that are 1.5” to 2.5” wide with wings.

The Department’s Division of Plant Industry inspectors responded to reports of SLF in a residential area of Buffalo adjacent to an active rail line. As of September 9, over 100 adults have been found. Agriculture and Markets staff will continue to survey the surrounding areas in the coming days. Although the population is significant, the area was surveyed in April of 2022 and no egg masses were found, and no old egg masses have been found during the current survey.

While surveys in the area are ongoing, the Department is asking for the public’s help in slowing down the spread of SLF in this area by reporting any sightings immediately to agriculture.ny.gov/reportSLF.

In addition to reporting, residents are asked to:

• Take pictures of the insect, egg masses, or infestation you see and, if possible, include something for size, such as a coin or ruler.

• If possible, collect the insect. Place in a bag and freeze, or in a jar with rubbing alcohol or hand sanitizer.

• Note the location (street address and zip code, intersecting roads, landmarks, or GPS coordinates).

• Adult SLF are easy to identify, as seen in the photos below. They are approximately one inch long and half an inch wide at rest, with eye-catching wings. Adults are active from July to December and begin laying eggs in September.

Signs of an SLF infestation may include:

• Sap oozing or weeping from open wounds on tree trunks, which appear wet and give off fermented odors.

• One-inch-long egg masses that are brownish-gray, waxy and mud-like when new. Old egg masses are brown and scaly.

• Massive honeydew build-up under plants, sometimes with black sooty mold developing.

While these insects can jump and fly short distances, they spread primarily through human activity. SLF can lay their eggs on any number of surfaces, such as vehicles, stone, rusty metal, outdoor furniture, and firewood. Adult SLF can hitch rides in vehicles, on any outdoor item, or cling to clothing or hats, and be easily transported into and throughout New York, so residents are being asked to be vigilant.

The public is also encouraged to thoroughly inspect vehicles, luggage and gear, and all outdoor items for egg masses and adult SLF. If SLF adults are found, residents should remove them and scrape off all egg masses.

SLF Impacts to New York Agriculture

SLF feeding can stress plants, making them vulnerable to disease and attacks from other insects. SLF also excretes large amounts of sticky “honeydew,” which attracts sooty molds that interfere with plant photosynthesis, negatively affecting the growth and fruit yield of plants, negatively impacting agriculture and forest health.

The estimated total economic impact of invasive insects in the United States exceeds $70 billion per year, and if not contained, SLF could have an impact to New York State of at least $300 million annually, mainly to the grape and wine industry, which ranks third in the country in production. SLF also has the potential to significantly hinder quality of life and recreational activities due to the honeydew and the swarms of insects it attracts.

About SLF and State’s Efforts to Combat the Invasive

First discovered in Pennsylvania in 2014, SLF has since been found in New Jersey, Maryland, Delaware, West Virginia, Virginia, Connecticut, Indiana, Massachusetts, Michigan, North Carolina, and Ohio. Given the proximity to the Pennsylvania and New Jersey infestations, New York State is at high risk for infestation.

The New York State Department of Agriculture and Markets, working with many partner agencies such as the New York State Department of Environmental Conservation, Office of Parks, Recreation and Historic Preservation, Department of Transportation, Thruway Authority, and the United States Department of Agriculture, continue to respond to the presence of SLF in New York State. Actions taken include:

• Conducting surveys of high-risk areas across the state;

• Responding to public reports of SLF;

• Enforcing the New York State quarantine on goods from other states that have established SLF populations;

• Inspecting nursery stock, stone shipments, and commercial shipments from quarantine areas;

• Implementing a comprehensive education and outreach campaign to educate the public and the transportation industries to limit the transport of SLF to uninfested areas; and

• Implementing trapping, treatment and egg scraping efforts around the state.

Jacobs introduces legislation to stop OT change for farms

Posted 8 September 2022 at 6:43 pm

Lowering OT threshold would be ‘death warrant for thousands of farms’

Press Release, Congressman Chris Jacobs

WASHINGTON, D.C. – Congressman Chris Jacobs (NY-27) introduced the Protect Local Farms Act (H.R. 8756) to prevent the New York State Farm Laborers Wage Board’s recommendation to lower the overtime threshold from 60 hours to 40 hours per week from taking effect. Congresswoman Elise Stefanik (NY-21) is a co-sponsor of the legislation as well.

“Two days ago, the New York State Farm Laborers Wage Board handed down their final recommendation to lower the overtime threshold for farm workers from 60 hours to 40 hours – this is a devastating decision made by out-of-touch bureaucrats which will bankrupt family farms throughout our state and end farming as we know it,” Jacobs said. “If Gov. Hochul approves this recommendation, she is signing the death warrant for thousands of farms.”

The Protect Local Farms Act (H.R. 8756) is designed to combat the New York State Farm Laborers Wage Board decision by mandating federally that the overtime threshold for the agriculture industry cannot be set lower than 60 hours per week – keeping New York’s current threshold in place.

“Farming is not like other industries,” Jacobs said. “It is not a normal work week, is subject to weather, and operates within very slim margins. None of these factors were properly considered before this recommendation was made. Our already small workforce will be further depleted as workers seek more hours in other states, and our farmers will face dire financial burdens.”

“The farmworker overtime threshold in New York makes it harder for our farms to make ends meet when we face higher labor costs than nearly every other state in the country,” said Patrick McCormick, dairy farmer and New York Farm Bureau State Director. “Rep. Jacobs common-sense legislation looks to put every farm on the same level playing field. A set minimum federal overtime threshold will eliminate the competitive edge one state has over another and benefit farmworkers at the same time.”

Hawley says Wage Board ignored facts in lowering farmworker OT

Posted 7 September 2022 at 10:39 am

Assemblyman urges DOL commissioner not to adopt changes

Press Release, Assemblyman Steve Hawley

Assemblyman Steve Hawley (R,C,I-Batavia) is expressing disappointment following a decision by the Farm Laborers Wage Board to advance a recommendation to Commissioner of Labor Roberta Reardon to lower the farm laborer overtime threshold from 60 hours to 40.

For months, Hawley has stood alongside farmers, farmworkers, agricultural advocates, owners of agri-businesses and other lawmakers to call on the board to reject a proposed reduction to the overtime threshold, warning of the devastating effects such a decision would have on rural communities and all who work in the agricultural sector.

As the board considered whether or not to implement a lower threshold, they collected testimony regarding the proposal during a series of virtual hearings. During those hearings, the vast majority of testimony provided by farmers and farmworkers opposed its implementation, warning that it threatened the livelihoods of both farm owners and laborers.

The concerns expressed by those opposed to lowering the threshold have been corroborated by a number of studies, as a report by Farm Credit East has stated that the total cost of lowering the overtime threshold to 40 hours, coupled with minimum wage increases, would result in an increase in labor costs by over 40 percent for New York’s farms.

Another study by Cornell University found that 70 percent of New York farm labor guest workers would not return to New York were the threshold to be lowered and would instead seek work in other states where they have the opportunity to work longer hours.

Following the advancement of the Wage Board’s final report and recommendation, the fate of the farm overtime threshold rests in the hands of Reardon, who has 45 days to decide whether to accept or reject it.

“Now that the fate of farming as we know it here in New York state has been put in jeopardy by the Wage Board, even after hearing how their decision will jeopardize the livelihoods of thousands of farmers and farm laborers, I sincerely hope that Commissioner Reardon will step in to prevent what would prove to be a catastrophic event for rural communities and the entire agricultural sector,” Hawley said. “Lowering this threshold helps nobody while threatening the existence of multi-generational family farms and an entire way of life, so I sincerely hope that ultimately both the threshold and the continued viability of our farms will be preserved.”

Wage Board recommends gradual OT threshold reduction for NY farmworkers from 60 to 40 hours a week

By Tom Rivers, Editor Posted 6 September 2022 at 10:27 pm

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.”

Ortt says lowering OT threshold will put many NY farms out of business, raise food prices

Provided photo: Pictured from left include State Sen. George Borrello of Chautauqua County, a member of the Senate’s Agriculture Committee; Senate Republican Leader Rob Ortt of North Tonawanda; Assemblyman Mike Norris of Lockport; Barry Flansburg, a representative for Assemblyman Steve Hawley; and Niagara County Farm Bureau President Jeanette Miller.

Posted 5 September 2022 at 9:39 am

Press Release, Rob Ortt, State Senate Republican leader

NEWFANE– Senate Republican Leader Rob Ortt and Senator George Borrello on Friday stood with Assemblyman Mike Norris and Niagara County Farm Bureau President Jeanette Miller to repeat calls on the Farm Labor Wage Board in Albany to reject a reduction of the overtime threshold from the current 60 hours to the proposed 40 hours.

“Our New York State farmers are already struggling with skyrocketing inflation, record fuel prices, and severe worker shortages within the agriculture industry,” Ortt said. “Albany must understand that our farming community is vastly different from the corporate world. It isn’t a 9-5 job. There are times when crops can be picked and cannot be picked. There are harvesting seasons in which migrant workers travel and send money home to their families. The truth is our family farmers simply cannot afford this new mandate out of Albany, and neither can farm laborers. Workers will seek out opportunities beyond our state borders, farms will be left with no choice but to close up shop, and the price of consumer goods will go even higher. Albany must stay at 60 to save the future of agriculture in our state.”

On January 28, 2022, the Farm Labor Wage Board revisited the overtime threshold set in 2019 through the Farm Laborer Fair Labor Practices Act (FLFLPA), and voted to reduce the threshold from 60 hours to 40 over the next decade, decreasing the threshold by four hours every two years. On September 6, the Board will reconvene to advance their final report and recommendations on the overtime threshold for farm laborers.

During public hearings held by this Board, hundreds of farmers took time from their busy days to give emotional comments expressing their concerns that increased labor costs will threaten their small family farms, which make up 96 percent of New York’s farms. Several economic development and business organizations have come out in opposition to reducing the 60-hour overtime threshold, including the Grow NY Farms Coalition, the Business Council of New York State, the National Federation of Independent Businesses of New York (NFIB) and Upstate United.

In December 2021, the Republican legislators wrote a letter to the Farm Labor Wage Board, citing a Cornell University study that found that two-thirds of dairy farmers would make significant changes to their operation, including leaving the industry or investing out of state, and half of fruit and vegetable farmers indicated they would decrease their operations or exit the industry, if the overtime threshold was lowered to 40 hours.

Members of the Senate Republican Conference also signed onto a follow up letter written August 16, 2022.

Senator George Borrello carries a bill to abolish the Farm Laborers Wage Board, who ignored 70% of testimony with their overtime threshold recommendation. The legislation is co-sponsored by fellow Senate Republicans, including Leader Rob Ortt.

“Farms across the state have been besieged by rising costs in fuel and energy prices, various taxes, and rising labor costs as well as the addition of costly mandates from the state leading many farms, particularly small, family-run farms to close, consolidate or downsize operations,” Norris said. “Already a struggling industry, New York’s agriculture sector lost more than 2,000 farms in the last decade. This is wholly unacceptable. Inflation is still forcing families to make tough choices and they are struggling to put food on the table. This is not the time to limit hard work, entrepreneurial spirit and ingenuity by putting farmers and farm workers alike out of business.”

“The window of opportunity to save the future of family farming in New York is steadily closing, but it’s not too late,” said Borrello, Ranking Member of the Senate Agriculture Committee. “While the Wage Board’s preliminary recommendation ignored the nearly unanimous testimony of farmers and farm workers opposing a lower threshold, there is still time to do the right thing and recommend maintaining it at 60 hours. A lower threshold is projected to increase labor costs by a staggering 42 percent, which will be the final nail in the coffin for many family farmers who have been struggling to stay afloat. With just large factory farms left to dominate the industry, it will be the end of agriculture as we know it. No one wants that to happen, which is why we are urging the board, the labor commissioner and the governor to make a decision based on stakeholder input and data rather than political expediency.”

“Niagara County Farm Bureau joins with farmers and farmworkers across the state in asking for the overtime threshold to remain at 60 hours,” said Jeanette Miller, Niagara County Farm Bureau president. “Farms are already facing higher costs across the board, like all New Yorkers, and now is not the time to make it even more expensive to do business in this state. We have also heard time and again from the farm community that a lower threshold will only make our farms less competitive in the marketplace and will drive away skilled workers who are seeking more hours of work than what farms will be able to afford.”

Ortt, Norris to hold news conference with Farm Bureau about push to lower OT threshold in ag

By Tom Rivers, Editor Posted 2 September 2022 at 8:43 am

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.”

Farm Laborers Wage Board meets Sept. 6, expected to deliver report on OT threshold for farmworkers

Posted 31 August 2022 at 9:35 am

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.

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.

County adds 279 acres to county-wide ag district in annual review

By Tom Rivers, Editor Posted 28 July 2022 at 2:00 pm

ALBION – The Orleans County Legislature voted on Wednesday to add 278.95 acres to the county-wide agricultural district.

The county has an annual opportunity for landowners to request to be in the ag district. Once every 8 years there is a chance to be removed from the district. (In 2024, the county will send letters to all parcel owners in the district, giving them the chance to either stay or be taken out of the district.)

With the new acreage, the countywide district will go to 117,658.95 acres, about 47 percent of the county’s total land area.

The new additions include 48.20 acres on the north side on Route 31A in Barre, owned by Jesse and Andrea Farwell; 6.90 acres on the northside of West Countyhouse Road in Albion, owned by Jesse and Andrea Farwell; 87.23 acres on the south side of Lime Kiln Road in Barre, owned by Anna Shuknecht (Smith); 100.83 acres near Stillwater and Harris Road intersection in Carlton, on land owned by Tyler Baker; 0.78 acre on Thorpe Road in Barre, on land owned by Rodger Newbauld; 33.70 acres on north side on Route 31, west of Power Line Road in Albion, on land owned by Charles and Joseph Mathes; 0.76 acres and 0.55 acres on Kenyonville Road near Howlett Road in Albion/Gaines.

Last year the enrollment opportunity resulted in 137 acres added to the ag district. In 2019, there were 384 acres included and 116 more in 2018.

Holstein and Jersey calves from local dairy farm visit Hoag Library

Posted 21 July 2022 at 4:28 pm

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.

Governor begins statewide listening tour about future of agriculture in NYS

Posted 18 July 2022 at 3:08 pm

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.

Farmworkers praised for ‘outstanding achievement in English’

By Tom Rivers, Editor Posted 29 June 2022 at 9:13 am

6 celebrated for earning American citizenship in program through BOCES, World Life Institute

Photos by Tom Rivers

WATERPORT – Natalia Torres, right, is congratulated for earning her American citizenship. She was part of a recognition ceremony on Tuesday evening at the World Life Institute on Stillwater Road.

Torres is congratulated by WLI director Dr. Linda Redfield Shakoor, and ESL teachers Monica Beck, back left, and Malvy Rivera.

Six WLI students in the past year earned their American citizenship including Torres, Carina Diaz, Paula Hernandez, Damaris Olivaras, Silvia Rosario and Alejandro Marmelojo.

Carina Diaz walks up to be recognized as a new American citizen. WLI has now had 40 students earn their citizenship in the past two decades in a preparation program run through the Orleans/Niagara BOCES.

The citizenship ceremonies used to be held in the federal courthouse in Buffalo but they have been cancelled at that location since Covid-19. WLI leaders wanted to recognize the new citizens during the recognition program on Tuesday.

All of WLI students who have taken the citizenship test have passed. No one has ever failed from the program, Redfield said.

“It’s your hard work,” she told the students. “We’re just guiding you.”

The new citizens – Carina Diaz and Natalia Torres – are recognized while Martin Rosario, an American citizen, serves as the flag bearer and holds the American flag.

The group recited the pledge of allegiance and sang, “America the Beautiful.”

World Life Institute and O/N BOCES also presented certificates for “outstanding achievement in English” to students. Most of the students work at local farms and other agricultural businesses. The students recognized on Tuesday are from Brazil, Colombia, Ecuador, Italy and Mexico.

The students were praised for spending about 15 to 20 hours a week learning English while juggling full-time jobs and often young families.

“How they fit it all in is beyond me,” said Deborah Wilson, one of the teachers in the program. “The students are so awesome to keep progressing every year.”

Many of the students have been in the program for several years. Wilson said many couldn’t read or write in English and have advanced to a high school level after a few years.

This trio – Juan Gomez-Ojeda, Jorge Jimenez and Humberto Velasco – was recognized for their achievement in English. The WLI runs several classes at the school. The program draws students from Waterport, Albion, Barker, Oakfield, Batavia and Elba.

Dr. Clark Godshall, BOCES superintendent, commended the group for their commitment to learning. He said “it’s a continuing journey” to keep gaining skills.

“I am most proud of you,” he told the students.

Susan Diemert, a BOCES literacy specialist, has been with the program for more than 20 years. She praised Redfield and the WLI staff for their dedication to the students. Diemert encouraged the group to consider other programs at BOCES, including nursing and any of the building trades.

“It could help you move along in a different direction in life if you so choose,” she said.

The students and new citizens were recognized in an outdoor ceremony next to the school on Stillwater Road. The WLI built the school in 1997. Besides ESL classes, the school hosts art and pottery programs for its students.

Jose Iniguez addresses the students and new citizens. He started as an apple picker at age 15. He remembers back in 1994 when Redfield would come to a labor camp on Densmore Road in Albion, teaching English. Iniguez took her classes, and eventually became an American citizen. He now is co-owner of a large apple farm based on Stillwater Road.

Iniguez, 47, urged the students to keep pushing themselves in advancing their English skills. He encouraged them to follow their dream. For him, the dream has been to be a farmer growing apples.

“Please keep doing this,” he said about taking the English classes. “Don’t stop.”

High school grads urged to try 3-day dairy bootcamp

Posted 21 June 2022 at 1:18 pm

‘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.

Farmers urged to sign up for 2022 Census of Agriculture

Posted 6 June 2022 at 11:25 am

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.