Arkansas Agriculture Magazine | Spring 2021 by Arkansas Farm Bureau

S PRING 202 1

Lights, Camera, Good Roots!

New PBS Segment Showcases Ag, Rural Arkansas

Plus: Q&A with Dr. Andrew Sharpley

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FE ATURES Guest Column Amanda Williams | Page 3

Arkansas PBS Grows with Good Roots Jason Brown | Page 6

A Legacy in Soil and Water Q & A with Andrew Sharpley Ken Moore | Page 14

COLUMNS

Policy Update

Jessica Clowser Burkham | Page 26

Ag Law Update

Harrison Pittman | Page 32

COVER DESIGN by Bryan Pistole n

SPRING 2021

Edition 61

GuestCOLUMN Director of the Women’s Leadership Program & Farm Bureau Foundation

By Amanda Williams

Future Growth Depends on a Strong Foundation

his year, we are focused on building and strengthening the Arkansas Farm Bureau Foundation in order to broaden the possibilities of what we can accomplish in the future. It all starts this summer with our first Arkansas Farm Bureau Foundation Week in June, followed by a special effort to encourage donations through a $3,000 match offer from the Arkansas Farm Bureau Board of Directors. The Foundation is the 501 (c)(3) non-profit fundraising arm of the Arkansas Farm Bureau and was established in late 2016 to “further understanding of agricultural and rural issues, and to support the agriculture and rural community through financial support for education, research, litigation and disaster relief.” If you follow Arkansas Farm Bureau or the Foundation in social media or have visited arfb.com, you may know some of what the Foundation has accomplished since its launch, but you may not know the true scope. Raw numbers won’t tell the entire story, but they can give you an idea of what the Foundation is all about and how it’s working to achieve its stated mission. Since its creation, the ArFB Foundation has: • Awarded $80,640 in grants to support agriculture education and rural communities, • Donated $115,000 toward disaster relief efforts, • Committed $150,000 to both the Arkansas 4-H and Arkansas FFA Foundations, and • Donated $100,000 to Ronald McDonald House Charities of Arkansas in 2020 to offset its budget shortfall. In addition, each year the Arkansas Farm Bureau Foundation: • Provides more than $100,000 for educational materials, school Garden Grant programs, educational trailers, teacher workshops, grain bin

Arkansas Agriculture

ARKANSAS FARM BUREAU • SPRING 2021

safety events and many more agriculture related activities, and • Provides $50,000 – on top of contributions from county Farm Bureaus – to support the M*A*S*H (Medical Applications of Science for Health) program. M*A*S*H is a program designed for students interested in a career in the medical field. The two-week camps are free to students and take place at various locations around the state. Students who attend the camps are given a unique look into the healthcare industry while shadowing medical professionals. Arkansas Farm Bureau has a long history of supporting and advocating for rural healthcare. The Foundation has funded 1,500 M*A*S*H students since 2017. As mentioned earlier, the ArFB Foundation Board of Directors is personally matching all donations up to $3,000 as part of our summer Contribution Drive. Your donation of $10 could equal $20. Here is how you can give to help us accomplish our mission and build for a better future: • By check and mailed to: ArFB Foundation, P.O. Box 31, Little Rock, AR 72203 • Through our online giving platform at https://arfbfoundation.gvtls.com. • One-time or Recurring Gift (general donation) • Memorial or Honorarium Donation • When you shop at smile.amazon.com, select Arkansas Farm Bureau Foundation as your charity, and Amazon will donate for each qualified purchase. As Arkansas Farm Bureau Executive Vice President Warren Carter has said, “The foundation for the future of Arkansas agriculture is the Arkansas Farm Bureau Foundation.” Help us keep it growing. * 3

An official publication of Arkansas Farm Bureau Federation distributed to more than 43,000 farming and ranching households in Arkansas.

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Arkansas PBS Grows with

“Good Roots” By Jason Brown

rkansans have a new and unique opportunity to visit farms across the Natural State without ever leaving their living rooms. Arkansas PBS has launched a new monthly series called “Good Roots,” dedicated to exploring all things agriculture and rural lifestyles in Arkansas. The new series is part of the popular program “Arkansas Week,” which has aired for more than 40 years and is hosted by iconic TV journalist Steve Barnes.

Arkansas Agriculture

ARKANSAS FARM BUREAU • SPRING 2021

Arkansas Farm Bureau, known across Arkansas for supporting rural communities and public policy issues like healthcare, agriculture and access to services, has partnered with Arkansas PBS to bring the series to air. The partnership aligns with ArFB’s mission to advocate the interests of agriculture and share information on the value and importance of ag. The idea for “Good Roots” came when ArFB called the team at Arkansas PBS about bringing back a show dedicated to Arkansas agriculture. The last ag-dedicated programming on Arkansas PBS was a monthly series called Agri Arkansas, which was discontinued in 2017. “We were interested in bringing an agfocused program back to Arkansas public television,” said Steve Eddington, vice president of public relations at Arkansas Farm Bureau. “Agriculture has an incredible story to tell, and programming like this allows so many in our state to visit the farm and learn about the state’s top industry in ways that may not otherwise be possible. We look forward to helping define and tell these stories with the help of our friends at Arkansas PBS.” ArFB’s timing couldn’t be better according continued on page 8>>

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ARKANSAS FARM BUREAU • SPRING 2021

“

“Good Roots” is meant to showcase Arkansas farmers, highlighting the people and stories that many don’t often see or hear, those who make Arkansas agriculture the state’s top industry...

So far, the “Good Roots” team has visited Ralston Farms in Pope County, Bemis Farms in Pulaski County and Barnhill Orchards in Lonoke County. <<continued from page 7

to Arkansas PBS Chief Content Officer, Greg Gerik. “The call came at a good time since we had a developing interest in surfacing rural and community stories. The network has a renewed focus to represent all communities in the state, especially rural areas.” “Good Roots” is hosted by Logan Duvall and Lauren McCullough. Duvall is a small business entrepreneur and co-owner of the popular Me and McGee Market in North Little Rock. McCullough is a creative entrepreneur, dividing her time as a photographer, videographer and on-camera talent. She also has a family connection to Farm Bureau. Her late father, Floyd Clark, was a longtime agent and agency manager for Farm Bureau Insurance. Duvall and McCullough trade off hosting duties for the monthly series, each bringing their own unique spin to Arkansas agriculture and rural life. “‘Good Roots’ is meant to showcase Arkansas farmers, highlighting the people and stories that many don’t often see or hear, those who make Arkansas agriculture the state’s top industry,” said McCullough. “My job as host is to help the farmers tell their story in a meaningful way that connects with the audience.” So far, the series has highlighted Ralston Farms Arkansas Agriculture

ARKANSAS FARM BUREAU • SPRING 2021

in Atkins, where Duvall explored farming techniques that restore soil health. In the second episode, the show featured a unique honeybee farm in Pulaski County, Bemis Honey Bee Farms, owned by a husband and wife duo who now build and sell bee-farming supplies to meet the growing popularity of beekeeping. “Good Roots” has also visited Barnhill Orchards in Lonoke County to share the family farming legacy of one of the state’s top fruit and vegetable producers, including a conversation with 91-year-old Bob Barnhill. McCullough said one of her favorite moments for the series so far was learning the art and importance of customer service from Barnhill. The third segment focused on Abraham Carpenter and

his family in Grady and their multi-generational Delta farming operation. McCullough said she hopes the series is educational, entertaining and enlightening for viewers even though most probably know how important agriculture is for the state. She recognizes that many Arkansans may never have the opportunity to visit a farm, so she hopes to use the series to bring the farm to them. McCullough is no stranger to the farm and rural lifestyle, having grown up on a cattle and poultry farm in Nashville (Howard County). Additionally, both sets of her grandparents grew peaches and tomatoes. McCullough describes her role on the series as bit of a homecoming, bringing her back to the farm and allowing her continued on page 10>>

Duvall and McCullough are the initial, rotating hosts of the “Good Roots” segment, with more hosts to potentially join the mix as the segments continue. To learn more about Duvall and McCullough, see their profiles on pg. 11.

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ARKANSAS FARM BUREAU • SPRING 2021

“Good Roots” premiered during the Arkansas PBS news and issues program “Arkansas Week” on April 16, with a feature on Ralston Farms in Atkins.

<<continued from page 9

to travel the state to feature the agriculture industry. Her vision for the series includes demonstrating the integrity and humble nature of farmers across the state, something she’s learned over the years by being involved in agriculture. As for ArFB’s involvement, the private non-profit organization provides funding for the series. ArFB President Rich Hillman said, “Arkansas Farm Bureau is dedicated to sharing the critical role agriculture plays in our lives and economy. Arkansas is built on the foundation of farming, and that story is much more complicated than what is often portrayed.” ArFB joined the partnership in hopes that it would tell the deeper stories of what it’s like to live, grow and succeed in Arkansas. The show’s format is a mixture of farm features, interviews, lifestyle stories, policy spotlights and more. “Good Roots” airs on the second Friday of each month. The segment began airing in April and viewers can catch all episodes and bonus content at MyArkansasPBS.org. To hear our full interview with Lauren McCullough, check out the Arkansas AgCast podcast by visiting ARFB.com. *

In the show’s second episode, host McCullough discussed strawberries with Bob Barnhill of Barnhill Orchards in Lonoke County.

Arkansas Agriculture

ARKANSAS FARM BUREAU • SPRING 2021

Meet the Hosts

A creative entrepreneur, dividing her time as a  photographer, videographer and on-camera talent. Lauren’s roots are in the southwest part of the state, where she grew up on the family farm showing registered Brangus cattle and raising chickens.

LOGAN DUVALL A small business entrepreneur and outspoken voice for cancer awareness and research, Duvall is the co-owner of Me and McGee Market in North Little Rock. Hometown: Atkins Favorite local bite: The Southern Standard Best Arkansas summer destination: Too many to choose – Table Rock Lake, Heber Springs, Buffalo River, Caddo River If I were eating one Arkansas grown fruit or vegetable for the rest of my life, it would be: Blackberry Arkansas Agriculture

LAUREN McCULLOUGH

ARKANSAS FARM BUREAU • SPRING 2021

Hometown: Nashville Favorite local bite: Ohhh dear ... lots of flavor and talent here but I’ll say The Fold :) Best Arkansas summer destination: Can we make a whole road trip of it? Let’s start the morning picking blueberries at Wye Mountain Farm in Roland, go down to Lake Hamilton to cool off on a boat and go fishing, do a little shopping in downtown Hot Springs, then head up to Petit Jean for a sunset hike, waterfalls and an overnight stay in the cutest little cabin you ever did see. If I were eating one Arkansas grown fruit or vegetable for the rest of my life, it would be: A Howard County peach. No question. And I don’t need anything else with it. No knife, no bowl, no sugar. Just me and that juicy, nectarous, golden ball of heaven. 11

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ARKANSAS FARM BUREAU • SPRING 2021

A Legacy in Soil and Water

Q&A

with Andrew Sharpley By Ken Moore

Arkansas Agriculture

ARKANSAS FARM BUREAU • SPRING 2021

ndrew Sharpley, one of the founders of the Arkansas Discovery Farms Program, has officially retired from his post as a Distinguished Professor in the crop, soil and environmental sciences department at the Agricultural Experiment Station, the research arm of the University of Arkansas System Division of Agriculture and Bumpers College of Agricultural, Food and Life Sciences. He is still working on a few projects from his home overlooking Beaver Lake in Benton County. Sharpley grew up in Manchester, England and attended the University of North Wales, where he developed an interest in soil science. As a graduate student, he had an opportunity to work on a dairy farm in New Zealand, where he eventually earned his doctorate. In 1978 he joined the USDA Agricultural Research Service and spent more than 20 years, first in Durant, Okla., then later at Pennsylvania State University. It was during this time he met Tommy Daniel, a soil scientist with the UA Division of Agriculture. They shared similar interests and that relationship opened doors for Sharpley to come to Arkansas in 2006. Ken Moore recently had an opportunity to visit with Dr. Sharpley about his work with farmers and ranchers on conservation practices on their farms to preserve water quality.

Q A

How did your career path lead you to Arkansas and the Agricultural Research Station? A position came open here at the University of Arkansas. I came and talked to Dr. Milo Shult (former head of the Division of Agriculture), had an interview and gave a couple of talks, and the rest, as they say, is history. Milo recruited me, he wanted to get me here, and he made it happen.

Q A

You were instrumental in the development of the Discovery Farm program in Arkansas. How did you learn about it and why is it so important? When I moved here, I had a lot more freedom, which was encouraging and challenging at the time. Dr. Shult and later Dr. Mark Cochran, who took his position, gave me enough rope to hang myself. I didn’t, but probably came close a couple of times. As long as you could justify and there was sound science in your work, they had your back. That freedom to pursue certain projects was instrumental in my work. I got an invitation from Wisconsin and the Discovery Program there to go up and review it. It had been in place for about eight years. I went up with a colleague and came back thinking this is something that can work here (in Arkansas). We mentioned it to different people, (including Dr. Mike Daniels, a specialist with the Cooperative Extension Service) and as you know ended up taking a group of Farm Bureau leaders and staff to Wisconsin so they could see the Discovery Farm Program for themselves. We visited several farms, including a dairy farm, met with local farmers and the trip went so well the Arkansas farmers came home saying this is something we need. There were a lot of people with Farm Bureau who wanted this. We realized Arkansas was probably a lot further ahead of other states and more proactive in dealing with environmental issues. Farmers were telling us, “We need to be on the train and not left standing at the station when the train’s gone.” continued on page 16>>

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<<continued from page 15

Q A

What did Farm Bureau bring to the table with this project? I think the real power of Farm Bureau and the people we work with was the fact they opened doors for us with different farmers who had operations where this program could work. We got some funding from the Natural Resources Commission to buy equipment so we could build the infrastructure to start doing some sites. The first one was at Jeff Marley’s poultry farm at Elkins in Washington County, and we also installed one at Terry Dabbs’ rice farm at Stuttgart. There have been other farmers who have come on board who weren’t active Farm Bureau, so it wasn’t biased. We realized we had to make this open and transparent. It wasn’t farmers going out on their own, like letting the fox in the chicken house. If it’s run by farmers, it will be biased toward them, so we set up a stakeholder committee, which included various agricultural agencies. The Nature Conservancy was one, Arkansas Department of Environmental Quality (ADEQ) was another. So, that’s how it started.

Q A

What can you tell me about how the project worked? Mike Daniels and I developed a great friendship and working relationship. He was extension, I was research. I wanted to be more applied. He wanted to do research-based, extensionbased science. Our relationship was mutually beneficial. We ended up with four original farms. Two were near the L’Anguille River in Cross County, but all were set up different yet designed to measure runoff from rainfall events. It’s more how the farmer wants to make the program work for them. Not everything is suitable for a given farmer. We would never tell a farmer he

needed to implement a certain conservation practice. It’s not our job to be farming. We wanted their investment into it. At Jeff Marley’s poultry farm, we measured what was going in and coming out of a pasture, then into the White River. Jeff graded out and leveled a grass waterway that was perfect for monitoring the runoff. In the end, we’ve been there about six years, and Jeff is a great spokesperson for the program. Putting in the grass waterway reduced nutrients running off into the creek by 50-60 percent. A hallmark of the Discovery Farm Program – which the farmers insisted on – is doing this over a number of years so you get representative data over time. Then we can publish it, report it to other groups, allow the farmers to use the data for themselves to document what they’re doing. It provided “sound science” to make it work. Many farmers are using effective conservation practices already, but getting them involved in the program just showed to us, getting farmers invested in the program motivates them to become proactive in it once they see the data and how it benefits them. That’s a very rewarding part of the process for me, seeing how it empowers some of these farmers.

Arkansas Agriculture

ARKANSAS FARM BUREAU • SPRING 2021

You were selected to lead a diverse research team to determine whether C&H Hog Farm in Newton County was a threat to Big Creek and the Buffalo River watershed. Now that that project is over, what was your takeaway from it?

part of the problem. He wanted to be open about this and even though there was some reluctance on the integrator’s part, having the owner of the farm saying that changed the scenery so to speak. It (the Buffalo River) probably became one of the most intensively sampled watersheds in the U.S. in terms of number of samples, different types of areas, springs, the creeks and fields where the slurry was being applied, etc.

The university had been doing this type of work. The Discovery Farm program we’re doing is the same type of thing in that we’re sampling nutrient runoff into watersheds. So we were a logical fit to conduct the study in an unbiased way, to do the scientific rigor to determine whether the farm was having an impact or not on Big Creek. ADEQ set up this agreement, a Memorandum of Understanding, with us. There was some pushback from the industry at first to our conducting the research and some strong sensitivities on both sides of this issue. I remember going to a meeting and there were some Farm Bureau people there. The defining moment I think in all of this was when Jason Henson (one of the owners of the farm) got up and said, “If I’m causing a problem I want to know it. Don’t we want to know if I’m part of the problem?” Nobody said anything. He was right. The owner of the farm had lived in that watershed for several generations and did not want to be

Q A

What did you learn from the Big Creek project? It was a very intensive project. There were about 12 people on the team, each with different disciplines … field technicians, a guy from the U.S. Geological Survey, a hydrologist. We had the bases covered. There was some thought the pond was leaking, but we didn’t see any leakage. We felt there wasn’t any evidence that would allow us to, with our technical background and credibility on the line, say the ponds were leaking. Despite receiving some critical emails and criticism we stuck to our guns and looking back now that is something we can be proud of. And in the end the data we obtained will be useful in other areas. This got to be bigger than just Big Creek. We all continued on page 18>>

Sharpley was the leader of a diverse research team put together to monitor for any potential runoff from C&H Hog Farm near Big Creek in Newton County.

Arkansas Agriculture

ARKANSAS FARM BUREAU • SPRING 2021

<<continued from page 17

know the end of the story here. There was a lot of pressure put on the farmer but at no time did he say I don’t want you to do this. For me, I had to admire Jason and the whole family for allowing our team to conduct our research. They honestly wanted to know what was going on. They never tried to stop us from finding more data to prove one way or the other. I will always respect them for that.

Q A

Reflecting on your career what would you say is the legacy you are leaving for others to follow? Probably gaining the confidence of the farmers through your reputation, the way you behaved, and doing your work in a professional manner. It’s been very rewarding. All of the farmers I’ve worked with wanted to be good stewards of their soils and water. I’ve also had the opportunity to work with a lot of different stakeholders in the field, like Mike Daniels, Farm Bureau, Debbie Moreland and the Arkansas Conservation Districts and poultry integrators. Looking back would I do anything different? No. There has never been any I coulda, shoulda, but didn’t. I’m very content knowing I did what I felt was important. The most important thing was the friendships, partnerships and the teams I worked with that make us better. Teamwork may not be for everybody, but it damn well worked for me. *

“All of the farmers I’ve worked with wanted to be good stewards of their soil and water,” says Sharpley.

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Advertorial

Working to preserve the family farm tradition in Northwest Arkansas Reprinted with permission, Arkansas Democrat Gazette; State of Arkansas Agriculture By: Randy Rice

Pam Nelson, Land Protection Coordinator at the Northwest Arkansas Land Trust, and Kelton Hays, Executive Director of Cobblestone Farms in Fayetteville, look over speciality crop seedlings ready to be transplanted outside. NWALT meets with farmers for free to provide education and information about its Farmland Preservation Programs, some of which can pay farmers for agricultural conservation easements.

n late March, we celebrated our history and heritage with the induction of 30 additional Arkansas family farms into the Arkansas Century Farm Program in part supported by Arkansas Farm Bureau. Below is a link to the entire publication. While this is a popular feature and program celebrating Arkansas farm families, it is important to acknowledge that the actual number of farms and farmed acreage in Arkansas has been decreasing over the past several years. Fortunately, concerned organizations in Northwest Arkansas led by the Walton Family Foundation and including the Northwest Arkansas Land Trust (NWALT) and others are stepping forward to address the issue. “The family farm is rarely passed down as it once was generation to generation,” said Susan Koehler, Farmland Preservation Manager for NWALT. “And these existing farmers are farming through their retirement for several reasons. They may not have heirs who want to farm, they may not have the finances to fund retirement, and this is on top of being reluctant

to let go of a lifestyle they have grown to love.” And then you have the new farmers, many of whom are first generation who are not inheriting land much less an established farming business. “Many new and beginning farmers have the passion and skills to farm, but they are struggling with the capital funds required to get access to land and the equipment,” Susan said. “Small family farms need to be close to communities so they can sell to a variety of markets. The remaining land in these areas is also desirable to commercial developers, which often makes it too costly to purchase and support a farm business.” Today, Northwest Arkansas is known for its livestock production. But not too long ago, the area was also known for its orchards, nuts and other specialty crops. With the recent success and popularity of the farmers markets in our area, fruit and vegetable production has increased, yet there is still unmet demand for more of these crops at a wholesale scale. Many new, younger farmers are interested in going in that direction. Arkansas Agriculture

ARKANSAS FARM BUREAU • SPRING 2021

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Frank Ostapowicz is 30 years old and new to the farming scene. Like many others, he knows that to be a farmer takes a lot of work, but he also knows if there is a will there is a way. “I’ve been a wanna-be farmer for 10 years or more. I started with a garden and got more serious over the past couple of years,” Ostapowicz said. Ostapowicz was one of the first students to enroll at the Center for Arkansas Farms and Food starting with the apprenticeship program. He split his time between two farms: The Den Herders farm in West Fork, Arkansas, which is primarily a nursery style farm that grows and sells several different types of produce and the Appel Farm, primarily a strawberry farm with some other produce (they also sell hogs to supplement their winter income), located in Springdale, Arkansas. Ostapowicz sees himself creating a similar diverse farm plan including specialty crops and some livestock. In 2020, he took the next step toward this dream and enrolled in the Farm School and also works part time at its model farm on campus in Fayetteville. “I’ve really appreciated getting individually sourced knowledge and different perspectives through my farm mentors and getting exposure to the techniques people use to farm. Right now, I am looking to lease some land on my own to put into practice the things I have learned. Farming is a culture within itself and without programs like NWA Farm Link and the Center for Arkansas Farms and Food, I wouldn’t be near as close to my goal of farming full-time, but access to land is still an issue.” Ostapowicz said. Arkansas Agriculture

To help address the issues, a feasibility study funded by the Walton Family Foundation was conducted in 2017 to find out what the barriers were to growing more fruits and vegetables and what would it take to overcome those barriers. As a result of the findings, the Walton Family established an NWA Food Systems initiative. It is a multifaceted program designed to address the issues and bring different partners together including the University of Arkansas, NWALT and a food aggregator or hub that was not currently operating in the community. The University of Arkansas brought in an education component establishing the Center for Arkansas Farms and Food, including the Farm School as well an Apprentice Program. Another critical piece was market opportunities. Farmers have said that they would be happy to grow more fruits and vegetables if they had the markets to sell them. And this means creating additional markets beyond the local farmers markets. This is where the Food Conservancy came in led by Kansas native Diana Endicott. Through the Food Conservancy, she and her team are working to develop institutional markets and wholesale markets in Northwest Arkansas. A big breakthrough was getting Harps to come on board. The Food Conservancy is also offering some ground beef and may consider other protein, but right now the focus is around fruits and vegetables. The role of the NWA Land Trust is around farmland preservation, access and support for farmers, including oversight of NWA Farm-Link, a free service and website where both farm seekers and farmland owners can connect as well as get help with their goals. NWALT also can pay farmers looking to expand specialty crop production for conservation easements that support agricultural activities and is working to become an eligible partner entity to support the USDA National Resources Conservation Services Agricultural Land Easement Program that covers a variety of farm and ranch enterprises also paying for easements. NWALT is encouraging established farmers to contact them to learn more and get connected to the network they are building and tap into new resources. And, of course, if they are interested in pivoting to more fruit and/or vegetable production themselves, NWALT can help get them connected to the Food Conservancy to get their product to market. Regarding aspiring farmers, Susan says the University would perhaps be the best place to start to enhance and develop their skills. “Farm seekers with more experience ready to grow and looking for land can work with NWALT to get connected to an established farmer who may want to lease or sell,” Susan said. “Starting a farm business from scratch is really tough. We can help by providing resources, explaining conservation including the possible financial and tax benefits, and helping them find their forever farm.” State of Arkansas Agriculture and Century Farm Program http://www.epageflip.net/i/1356448-2021/0? Northwest Arkansas Land Trust • 479-966-4666 Info@nwafarmlink.org

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PolicyUPDATE Jessica Clowser Burkham grew up on a registered Angus cow/calf operation in Nebraska. She spent six years in Washington, D.C., working as a legislative assistant for U.S. Sen. Deb Fischer of Nebraska, where she advised on legislative issues for the Senate Agriculture, Nutrition and Forestry Committee and the Senate Environment and Public Works Committee. She also managed the senator’s legislative priorities in agriculture, energy and environment, water infrastructure, biofuels and trade policies and worked to negotiate and advance priorities for the 2014 and 2018 Farm Bills.

By Jessica Clowser Burkham Director of Policy Development and Legislative Research for Arkansas Farm Bureau

he 93rd General Assembly gaveled in on Jan. 11 and gaveled out for an extended recess on April 28. While this is not the technical conclusion of the 2021 legislative session, it did signal the end of the regular session. In total, the General Assembly met for 108 days and 1,675 bills were filed, including 42 proposed constitutional amendments. It is expected legislators will convene later this fall to address congressional redistricting. COVID-19 regulations proved challenging to work through during the beginning of the session, which saw empty hallways and masks worn by everyone in the Capitol complex. Nonetheless, at least one Arkansas Farm Bureau (ArFB) lobbyist was present every day to ensure the priorities of our members were front of mind for many legislators. These efforts resulted in multiple legislative wins for ArFB and our members. 2021 ArFB Legislative Priorities State Meat Inspection Program Championed by Rep. DeAnn Vaught (Horatio) & Sen. Ricky Hill (Cabot), HB1315 establishes a State Meat Inspection Program under the authority of the Arkansas Department of Agriculture (ADA). Further, it includes a provision requiring the Arkansas Secretary of Agriculture to consult with the industry (including producers and those involved in the meat and meat food products industry) when developing the rules and parameters for the State Meat Inspection Program. Two ArFB members, Michael Lee (Faulkner County) and Dustin Cowell (Newton County), testified before legislative committees in support of the bill. On March 23, HB1315 was signed by 26

the Governor as Act 418. ArFB, and the industry coalition, requested $750,000 for the Program. Ultimately, only $250,000 was provided by the Revenue Stabilization Act. Secretary of Agriculture Wes Ward has communicated that he and his team are confident the ADA has the necessary funds available within its budget for the initial program start-up. ArFB will continue to work to ensure the program is a success and the necessary funding levels are realized. Levees and Drainage Boards Rep. Mary Bentley (Perryville) and Sen. Gary Stubblefield (Branch) introduced four bills to improve the levee and drainage board structure across the state. These bills focus on improving the integrity of the overall system and provide incentives to the boards to operate in a more efficient and effective manner. • HB1248 (Act 265) – Authorizes a single county to consolidate two or more levee districts into one district. Waives notice requirements that apply to newly formed levee districts. • HB1249 (Act 266) – Creates a process for the dissolution or abolition of a levee district by petition. • HB1250 (Act 267) – Increases the maximum rate of tax for a levee and/or drainage improvement district, from 25 cents per acre to $2.50 per acre on rural lands. • HB1251 (Act 359) – Makes various changes to the annual reports that improvement districts file with county clerks for the preceding fiscal year. Arkansas Agriculture

ARKANSAS FARM BUREAU • SPRING 2021

Broadband Access to reliable and affordable broadband internet service remains critically important for rural Arkansans and their communities. As witnessed during the Covid-19 outbreak, students, parents, teachers, healthcare workers, etc., all became increasingly more reliant on faster, more dependable internet access. • SB74 (Act 67) – Filed by Sen. Ricky Hill (Cabot) and Rep. Brian Evans (Cabot) – Allows counties and municipalities to use broadband infrastructure as collateral for the purpose of acquiring bonds to enter into partnerships with the telecommunications companies to deploy broadband. • HB1788 (Act 795) – Filed by Rep. Larry Fite (Benton) and Sen. Kim Hammer (Benton) – Establishes broadband improvement districts by authorizing existing improvement districts to enter into partnership with a private entity to provide, promote and support broadband internet service and finance public capital facilities. State Plant Board Originally filed by Rep. David Hillman (Almyra) on Jan. 19, HB1210 requires entities that currently appoint representative members to the State Plant Board to instead submit a list of two names to the governor, who will appoint one of those persons to the board. On March 2, HB1210 was amended to: • Add Sen. Ron Caldwell (Wynne) as the lead Senate sponsor. • Increase the voting members of the State Plant Board from 16 to 17. • Requires members of the board to be appointed by the governor and confirmed by the Senate. On March 25, HB1210, as amended, was signed by the Governor as Act 361. This Act is extremely timely, because, on May 6, the Arkansas Supreme Arkansas Agriculture

ARKANSAS FARM BUREAU • SPRING 2021

Court found that the previous statute authorizing the appointment of members of the plant board by private entities is an unlawful delegation of legislative authority and is unconstitutional. Act 361 directly addresses this issue by having all members appointed by the Governor and confirmed by the Senate. This ensures the purpose of the State Plant Board is upheld and the constitutionality concerns are addressed. Additional Priorities • HB1230 (Act 92) Rep. Marcus Richmond and Sen. Blake Johnson – Updates the Arkansas Lemon Law to meet the Federal weight definition of up to 14,000 lbs. for Class 3 vehicles, to include heavy pickups. • HB1389 (Act 399) Rep. Ken Bragg and Sen. Ben Gilmore – Creates the Arkansas Foresters for the Future Scholarship Program; establishes eligibility requirements for participation; places the program under the administration of the Department of Agriculture, Forestry Division. • SB213 (Act 162) Joint Budget – The appropriations bill for the University of Arkansas at Monticello and includes a provision that provides $814,915 for the Center for Forest Business. • HB1729 (Act 521) Rep. Mary Bentley and Sen. Gary Stubblefield – Provides the Arkansas Milk Stabilization Board jurisdiction over the base milk price paid to a producer and mandates that milk producers in the state receive Class 1 prices for milk utilized and sold; empowers the board to revise Class 1 prices. • HB1773 (Act 563) Rep. David Hillman – Adjusts the time period during which agricultural water resource conservation projects must be completed from three years to five years. continued on page 28>>

<<continued from page 27

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HB1196 (Act 970) Rep. Craig Christiansen – Creates a sales tax emption for poultry farmers using municipal water. HB1912 (Act 1013) Rep. John Payton and Sen. Jason Rupert – Reduces the sales tax on used vehicles and trailers priced between $4,000 and $10,000 from 6.5% to 3.5%. HB1361 (Act 248) Rep. Les Eaves and Sen. Jonathan Dismang – Excludes income a taxpayer received through SBA programs (PPP and EIDL) and CFAP from the definition of gross income for tax purposes. Act 248 is retroactive for tax years beginning on, and after, Jan. 1, 2019.

Other Acts of Interest • HB1142 (Act 131) Rep. DeAnn Vaught and Sen. Greg Leding – Recognizes artificial insemination of livestock and animals as a routine animal husbandry practice. • HB1261 (Act 285) Rep. Jack Ladyman and Sen. Lance Eads – Authorizes the Division of Environmental Quality, subject to the approval of the governor, to administer its own permit program for the dredge and fill permitting program established in Section 404 of the Clean Water Act. • SB447 (Act 582) Sen. Ron Caldwell – Appropriates funds to the University of Arkansas for Division of Agriculture for capital improvements for fiscal year 2021-2022.

•

SB221 (Act 768) Joint Budget – Appropriates funds to the University of Arkansas – Division of Agriculture for 2021-2022 operations. SB173 (Act 140) Sen. Terry Rice and Rep. John Maddox – Adds food processing and manufacturing facilities to the definition of “critical infrastructure” for the purposes of excluding unlawful use of an unmanned aircraft or drone from certain installations. HB1801 (Act 925) Rep. Reginald Murdock – Prohibits changing the designated or named beneficiary of a life insurance policy or annuity contract in a will. Provides that a beneficiary change can be made generally, according to the terms of the life insurance policy or annuity contract. SB312 (Act 1046) Sen. Blake Johnson and Rep. Robin Lundstrum – Mirrors federal guidelines and requires any foreign party that has acquired an interest in, or purchased, agricultural land in Arkansas, to file a report with the Secretary of Agriculture.

•

Certainly, the 2021 Legislative Session was unique. However, as the mission of Arkansas Farm Bureau states, we are to advocate the interests of agriculture in the public arena. Even under challenging circumstances, the priorities of our ArFB members advanced across both chambers and the governor’s desk. It starts with our members and our grassroots organization. *

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Ag LawUPDATE Harrison M. Pittman is director of the National Agricultural Law Center, which is part of the University of Arkansas System Division of Agriculture. The Center serves as the nation’s leading source of agricultural and food law research and information and deals with legal issues around the country that impact agriculture at the state and federal levels.

by Harrison Pittman

he year got off to a fast start from a legal perspective, with a number of consequential rulings, filings and other action at the state and federal levels. Here is just a summary of some of the key news for agriculture, beginning with a major ruling from the Arkansas Supreme Court. Arkansas Supreme Court Ruling On May 6, the Arkansas Supreme Court issued a landmark holding that a portion of the state statute establishing the composition of the Arkansas State Plant Board is unconstitutional. The court appears to have held that at least nine board member positions (out of a total of eighteen) are unconstitutional because those members are appointed by private entities. Specifically, the court held that the lower court erroneously ruled that the statute at issue is constitutional. In so doing, the court stated, “In a case where there is an unconstitutional delegation of legislative power to a private entity, there can only be one remedy – the removal of unconstitutionally appointed board members. Accordingly, we reverse and remand with specific instructions for the circuit court to remove the unconstitutionally appointed Board members.” Dicamba Litigation Also on May 6, a legal action was filed in Pulaski County Circuit Court that challenges the most recent dicamba regulation that was adopted by the Arkansas State Plant Board on May 3. The May 3 rule was a change from the rule put into place by the board in 2018. The May 6 rule, among other things, changed the cutoff date for over-the-top spraying from May 25 to June 30 and some of the buffer requirements between fields with certified organic crops and commercially grown specialty 32

crops and those fields in which soybean and cotton that are not genetically-resistant to dicamba are planted. The action alleges that the May 3 rule violates the state’s Administrative Procedures Act, thereby seeking a declaratory judgment that the May 3 is invalid, an injunction prohibiting the Board from carrying out the May 3 rule and “that the use of Dicamba in Arkansas be restricted to only those provided and allowed by the Plant Board’s 2018 Rule.” An additional but similar action was also filed in Pulaski County Circuit Court on May 11. For comprehensive information on legal developments involving dicamba, see The Deal With Dicamba series published on the National Agricultural Law Center website. Arkansas Agriculture

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WALKABOUT MOTHER BIN Chlorpyrifos On April 29, the Ninth Circuit Court of Appeals ordered the EPA to revoke all tolerances for chlorpyrifos, or, alternatively, to modify the tolerances to conform with federal law. This is the latest development in more than a decade of protracted debate and litigation over the use of chlorpyrifos. In 2007, two environmental groups petitioned EPA to prohibit all foods that contained chlorpyrifos residue. That petition was denied a decade later. The plaintiffs later brought an action against EPA challenging EPA’s denial of the 2007 petition. The Ninth Circuit’s April 29 decision will send the issue back to EPA, which will ultimately have to determine whether it will revoke or modify the tolerance levels for chlorpyrifos. For a more detailed discussion of this decision, see Ninth Circuit Finds Chlorpyrifos Tolerances Unlawful, available on the National Agricultural Law Center website. Carbon Markets In April, the United States Senate issued proposed legislation known as the Growing Climate Solutions Act. Co-sponsored by twenty Democrats and twenty-two Republicans, the legislation seeks to establish voluntary carbon markets. Among other items, the legislation proposes that technical assistance be made available for agricultural and forestland landowners to participate in these voluntary markets. The legislation would also establish the Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Certification Program, as well as a USDA advisory council. For a more comprehensive explanation of this bill, see Senate Advances Carbon Market Bill, published on the National Agricultural Law Center website. Pandemic Assistance USDA recently announced a new initiative, Pandemic Assistance for Producers. Under this initiative, USDA will provide more than $12 billion in financial assistance to agricultural producers with the goal of providing a broader level of support than that issued in prior COVID-related financial assistance programs. The Pandemic Assistance will target smaller farming operations, socially disadvantaged farmers and ranchers, and producers of less traditional crops. To become fully implemented, USDA must promulgate new regulations. For a more detailed description of this program, see USDA Aid Initiative: Pandemic Assistance for Producers, published on the National Agricultural Law Center website at nationalaglawcenter.org. * Arkansas Agriculture

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Arkansas Agriculture Magazine | Spring 2021

Articles inside

Jessica Clowser Burkham

Ken Moore

Amanda Williams

Jason Brown