Arkansas Agriculture | Issue 65

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aBuildingLegacy GetPlus:to Know Jeff Pitchford, New Arkansas Farm Bureau EVP ISSUE 65 • 2022 Sweat Equity with Small Ruminants

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Arkansas Agriculture | ARKANSAS FARM BUREAU • ISSUE 65 • 2022 1

2 Guest Column Zippy Duvall | Page 3 Building a Legacy Ayden Massey | Page 8 Jeff Pitchford: Q & A Rob Anderson | Page 16 FEATURES ISSUE 65 2022 Policy Update Jarrod Yates | Page 28 Ag Law Update Harrison Pittman | Page 32 COLUMNS

to the Ag Labor Crisis

shortages are the most significant limiting factor for growth in agriculture as America’s farmers and ranchers continue our mission to deliver a safe and sustainable source of food for our nation and the world.

Vincent “Zippy” Duvall, a poultry, cattle and hay producer from Greene County, Ga, is the 12th president of the American Farm Bureau Federation By Zippy Duvall twitter.com/@ZippyDuvall

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America’s farmers and ranchers have increasingly relied on workers from other countries to help us milk our cows and raise and harvest ourWorkforcecrops.

Events over the past two years have underscored why the world needs to support farmers and ranchers as we work to ensure that our food supply is reliable and affordable for everyone. We are being asked to increase production to help feed a troubled world because of the war in Ukraine and other challenges. Farmers are up to it, but we need Congress to help us answer that call by providing a legal framework that enables us to hire the workers needed to meet the challenge. Workforce shortages are the most significant limiting factor for growth in agriculture as America’s farmers and ranchers continue our mission to deliver a safe and sustainable source of food for our nation and the world. For decades, the American Farm Bureau has been advocating for reforms to our ag labor system. We need solutions that allow more workers to come to our farms from other countries, help workers who don’t have proper documentation come out of the shadows, and provide stability in labor costs. In this Congress, and the previous Congress, members of the House put forward legislation intended to achieve these goals. Unfortunately, the bill that was introduced fell short. It may have provided temporary relief to some, but it doesn’t provide a long-term solution for all. That’s why we have been committed to working with the Senate to produce a more comprehensive solution.Sincethe House passed its bill, we have been working closely with Senators who share our goal of achieving ag labor reform. For months, Farm Bureau has been at the table and actively working to ensure the shortcomings of the House-passed legislation are resolved in a Senate bill.

Finding Americans who want to work on the farm and get their hands dirty becomes harder each year.

One of the major challenges we face today is the absence of a year-round agriculture work visa. The H-2A program that many farmers use is limited to seasonal employment. As a former dairyman, I can tell you that our cows needed milking multiple times every day, year-round, so a seasonal work visa simply doesn’t work for everyone. We were pleased to see the House create a year-round agriculture visa program, but there was a big problem. They limited the number of these visas to just 20,000 a year, with only modest increases available in future years. That might sound like a lot, but there are at least 30,000 full-time farm jobs in Wisconsin alone. Another issue with this approach to year-round visas is that half of the visas are reserved only for the dairy industry, leaving farmers in other year-round sectors like livestock, mushroom production, and some greenhouse ” One of the major challenges we face today is the absence of a yearround agriculture work visa.

Help Wanted.” “Now Hiring.” “Apply now!” Drive through any town – large or small – and you’ll see businesses looking for employees. We’ve been trying to fill open positions on America’s farms and ranches for decades, so we’re no stranger to the current labor shortage.

Arkansas Agriculture | ARKANSAS FARM BUREAU • ISSUE 65 • 2022 3 GuestCOLUMN Help SeekingWanted:aSolution

4 Arkansas Agriculture | ARKANSAS FARM BUREAU • ISSUE 65 • 2022 An official publication of Arkansas Farm Bureau Federation distributed to more than 53,300 farming and ranching households in Arkansas. SUBSCRIPTIONS Included in membership dues ARKANSAS FARM BUREAU OFFICERS: President • Rich Hillman, Carlisle Vice President • Mike Freeze, Little Rock Secretary/Treasurer • Dan Wright, Waldron Executive Vice President • Jeff Pitchford, Conway DIRECTORS: Jon Carroll, Moro Joe Christian, Jonesboro Terry Dabbs, Stuttgart Jack Evans, Lonoke Sherry Felts, Joiner Chase Groves, Garland City Jason Henson, Mount Judea Tom Jones, Pottsville Terry Laster, Strong Caleb Plyler, Hope Bob Shofner, Centerton Rusty Smith, Des Arc Joe Thrash, Houston EX OFFICIO Magen Allen, Bismarck Monica Paskewitz, Melbourne Kerry Stiles, Marianna Reed Storey, Marvell Executive Editor • Steve Eddington Editor • Rob Anderson Contributing Writers • Jason Brown, Shaylee Wallace CREATED BY PUBLISHING CONCEPTS, INC. David Brown, (501)dbrown@pcipublishing.comPresident221-9986ext.103Fax (501) 225-3735 ADVERTISING Contact Paula Caruthers at Publishing Concepts for advertising Arkansas(501)pcaruthers@pcipublishing.comrates725-3553Fax(501)225-3735Agricultureispublishedquarterly by the Arkansas Farm Bureau Federation 10720 Kanis Rd., Little Rock, AR 72211 POSTMASTER: Send address changes to Arkansas Agriculture, P.O. Box 31, Little Rock, AR 72203 Issue Publisher#65 assumes no responsibility for any errors or omissions. All rights reserved. Reproduction without permission is prohibited. The Arkansas Farm Bureau Federation reserves the right to accept or reject all advertising requests. Send comments to: arkansasagriculture@arfb.com EST.1974 24/7 Ser vice SALE EVERY TUESDAY Calves 10am • Cows & Bulls 6pm Family Owned & Operated for 40 Years Flat Commission Rates ** No Yardage Fee! Sept 5th & 6th - We will have a sale Labor day week Sept 17th - Special Cow & Bull Sale (consignment only) Sept 24th - Horse Sale Oct. 15 -Brangus Sale Nov. 8 & 15 - Vac/Weaned Sale

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continue to work on challenges with the Adverse Effect Wage Rate (AEWR), the governmentset wage that farmers and ranchers must pay H-2A workers. The government uses a flawed formula that often results in significant yearly increases that outpace wages in the broader U.S. economy. Farmers work on slim margins and can’t set the price of their products to keep up with labor costs. Farmers want to offer their employees a competitive wage for their hard work, but they must stay in business to continue providing these employment opportunities.

Another problem with the House-passed bill is that it would put farmers at greater risk of facing frivolous lawsuits. Currently, the H-2A program is governed by a long list of regulations covering all facets of the program, including working and

The University of Arkansas System Division of Agriculture is dedicated to discovering and disseminating ways to help Arkansans remain strong in times of adversity. Resources to bolster resilience, increase sustainability and aid recovery are as close as your county Cooperative Extension Service o ce, or you can nd our resources at uaex.uada.edu and related research at aaes.uada.edu.

housing conditions. These current rules work to protect both workers and farmers by providing a clear path to address concerns. If employees think they are being taken advantage of, aren’t getting the wages they are owed, or are living in unsafe conditions, they can file complaints with a government agency like the Department of Labor. The government can order farmers to fix the problem, fine them, and even prohibit them from using the H-2A program in the future.

The University of Arkansas System Division of Agriculture is an equal opportunity/equal access/affirmative action institution.

Arkansas Agriculture | ARKANSAS FARM BUREAU • ISSUE 65 • 2022 5 <<continued from page 3 operations without ample access to a year-round workforce.Wealso

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The last time Congress passed significant reforms to our immigration system was more than three decades ago. We cannot afford to wait another three decades to address these challenges. We need to get it right this time. You better believe Farm Bureau will be at the table, working with lawmakers on both sides of the aisle to find a solution that will work for all farmers and ranchers.

ank You to Our Spons s SponsorMealEventSponsors Drink Sponsor SponsorsShootingField SilverGold Jody & UrquhartKeriWomen’s Leadership Hempstead Count y Fa rm Bur eau Bronze CATFISH FARMERS OF ARK ANSAS

Photos by Ayden Massey & Ashley Wallace

CONTINUING AGRICULTURALTHEWAY OF LIFE By

8 Arkansas Agriculture | ARKANSAS FARM BUREAU • ISSUE 65 • 2022

Building a Legacy

The interests of their daughters have helped shape and grow the Sweat’s operation. Sara and Anna have been involved on the family farm since they were “old enough to get in front of a cow.” Ayden Massey

Arkansas Agriculture | ARKANSAS FARM BUREAU • ISSUE 65 • 2022 9 continued on page 10>>

For Chris and Denise Sweat of Hempstead County, this legacy molded their past, built their present and laid the foundation for their future. The family was recognized as the Arkansas Farm Family of the Year in 2020, but their story began long before.

Chris is a fourth-generation farmer working the same land that generations did before him. He and his wife, Denise, met over 20 years ago while exhibiting livestock. Their marriage was built on a mutual respect and love for the agriculture industry, and they’ve have spent the last two decades pouring their energy into it.

farms are a cornerstone of American agriculture. In fact, roughly 98% of farms in the United States are family owned and operated. The legacy built through family farming is one of hard work, determination and innovation.

Chris recently retired after teaching agriculture for 25 years. Denise works as a regional vice president for Farm Credit of Western Arkansas, where she has worked since graduating from college.

The Sweat family operates a 1,005-acre cattle and sheep farm in McCaskill. The farm has grown alongside their family, with the pair adding nearly 400 acres after getting married. They raise both registered and recipient cattle with Angus, Simmental and Simbrah herds. Aside from farming, they have served the industry in other roles. Chris explained that every aspect of their lives revolves around their farm, including their off-farm jobs.

“We chose roles in agriculture because even though we might not be farming all day, we are helping farmers in everything we do,” said Denise.

Chris and Denise Sweat have two daughters named Sara and Anna.

Family

After spending more than two decades as an agricultural educator in rural Arkansas, Chris explained how satisfying it is to hear from students who have gone on to create their own careers in the industry. Additionally, Chris developed relationships that would lead to future customers and partners.

Their range of involvement in the industry has proved important to their success as farmers. The connections made through their careers allowed the Sweat family to build their operation both financially and“Youfundamentally.canalways learn something every day,” said Chris. “Every time you run into someone you are picking up knowledge that you can bring back to your own farm. That’s the cool part of agriculture.”

Chris and Denise credit three factors in their success: their parents, their mentors and those they now mentor. Growing up, the pair were heavily Chris Sweat opened a sheep/goat buying station after developing an interest in the industry.

10 Arkansas Agriculture | ARKANSAS FARM BUREAU • ISSUE 65 • 2022 <<continued from page 9

continued on involved in youth organizations such as FFA and 4-H and continue to be active through their children and volunteer work.

Chris Sweat is a fourth-generation farmer of his family’s land in Hempstead County.

Sara Sweat is the family’s oldest daughter and attends Southern Arkansas University. She is involved with the recipient herd of cattle and is interested in the genetic component of livestock production.

The lessons instilled in them as children acted as a guide to operating their own farm. When faced with relentless challenges, as most farmers are, they fell back on those lessons: hard work, determination and innovation.

“We’re willing to help those kids because that is what made us who we are today,” said Denise of the local FFA and 4-H chapters. “Somebody gave us a chance at one point, and we try to be there to give back to these other kids.”

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When his daughters were young, Chris’ interest in goat and sheep production grew. The industry was virtually non-existent in southwest Arkansas at the time, but they persisted nonetheless.

“A lot of times, when you have something that is a hinderance, it just prods you to find solutions,” Chris said. “We went and built a market. We quickly realized we didn’t want to be a niche, we wanted to be an

Weindustry.”chose roles in agriculture because even though we might not be farming all day, we are helping farmers in everything we do...“”

Arkansas Agriculture | ARKANSAS FARM BUREAU • ISSUE 65 • 2022 11

The family operates a 1,005-acre cattle and sheep farm raising Angus, Simmental and Simbrah herds.

12 Arkansas Agriculture | ARKANSAS FARM BUREAU • ISSUE 65 • 2022

Sara and Anna Sweat, like their parents, have been exhibiting animals since they were old enough to enter the show ring. They have had opportunities to travel the country showing the animals they raise.

Overcoming obstacles is nothing new to the Sweat family. Their daughters, Sara and Anna, have had a major influence on the flexibility and innovative nature of their farm. Like their parents, the two have worked on the farm since, as Sara puts it, they were “old enough to get in front of a cow.” As they have gotten older, the Sweat girls have continued to impact

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He opened a goat and sheep buying station with the help of family friend, Jesse Duckett. They surpassed their monetary goals in the first year of operation. The operation quickly outgrew the buying station which led Chris to begin working out of the Hope Livestock Auction facility. Last year, the auction generated nearly half a million dollars in revenue with buyers and sellers from across the state and in Texas, Louisiana, Oklahoma, Tennessee and Missouri.“Itisreally rewarding to know that you have touched that many farmers,” said Chris. “That is one of those things that we know even after we are gone, we’ve built an industry that is here to stay.”

Even with all the banners and awards, the Sweat girls agree that the irreplaceable experiences hold more meaning.

In addition to these experiences that are unique to farm kids, Chris and Denise have given their daughters an environment that is conducive to exploring their own interests outside of baling hay, which Anna enjoys. She joked about the first time she baled hay.

“My whole life has been growing up and learning life lessons on this farm,” said Sara. “I wouldn’t change it for the world.”

“We wanted our daughters to learn the things that farm kids learn. They know how to do everything I do,” said Chris. “I really think I could take off a year and they wouldn’t miss me.”

Arkansas Agriculture | ARKANSAS FARM BUREAU • ISSUE 65 • 2022 13 continued on page 14>>

Growing up immersed in the agriculture industry has given the Sweat girls tangible accomplishments such as awards and banners, but Sara believes irreplaceable experiences and opportunities are what hold more meaning.

both the daily and large-scale operations of the farm.

Chris and Denise Sweat built their decades long marriage on a mutual respect and love for the agriculture industry.

Chris said a driving force in his determination was his refusal to be the generation that “failed the family farm.” While the future is unknown, it is evident that the same respect and love for the agriculture industry that brought Chris and Denise together over 20 years ago has found a new home in the hearts of their children.

“You can see where this industry is headed by looking at the generation coming after you,” said Chris. “Our goal is to see our kids come back to the farm.”

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Like their parents, the girls are heavily involved in their 4-H and FFA chapters competing in livestock judging contests, showing their cattle and participating in public speaking competitions.

“At the end of the day, I’ve got a warm spot in my heart knowing that I did all of the hard work alongside the rest of my family,” said Anna.

The Sweat family was named the 2020 Arkansas Farm Family of the Year.

Chris credits the evolvement of the farm to his daughters’ individual strengths. Sara took an interest in the genetic element of production and has worked with their recip herd of cattle. Anna took a different approach and developed an interest in the marketing process. Her skills have allowed the family to reach into untapped markets via social media.

The same passion for agriculture that Chris and Denise’s parents instilled in them has been passed to Sara and Anna. The girls reflected on the aspects of their childhood that they will hold onto as they enter new chapters of their lives. Work ethic, determination and innovation were among the lessons they cherished most.

“It makes my heart swell with pride that Denise and I were both on state winning livestock judging teams and both of our girls have been as well,” saidAlthoughChris. their personal paths have taken them in different directions, Sara and Anna continue to make contributions to the farm that helped raise them. Chris and Denise are hopeful in the futures of their farm and their children, which seem to be synonymous.

14 Arkansas Agriculture | ARKANSAS FARM BUREAU • ISSUE 65 • 2022 <<continued from page 13

“You’ve got grandpa breaking hay and you’ve got dad moving what’s behind you and you just never know what look you are going to get from them,” said Anna. “But it gives me the opportunity to contribute where you might not think it is needed.”

16 Arkansas Agriculture | ARKANSAS FARM BUREAU • ISSUE 65 • 2022

Pitchford has spent the past eight years as director of state affairs in the Public Affairs and Government Relations department, where he was part of lobbying efforts with the state’s general assembly. Before coming to work at Arkansas Farm Bureau, Pitchford worked for more than 14 years at the University of Central Arkansas, ending his tenure as vice president for University Relations. He also worked in the Huckabee administration as Director of Rural Services. We sat down with Pitchford to get to know him, his roots in agriculture, his journey at Arkansas Farm Bureau and what he sees ahead.

Photo by Shaylee Wallace Barber

Q&AwithJeffPitchfordByRobAnderson

Jeff Pitchford was named as Arkansas Farm Bureau’s executive vice president in May. The organization’s board of directors voted to elevate Pitchford to the organization’s top position, replacing Warren Carter, who previously announced his retirement, effective MayArkansas31. Farm Bureau’s executive vice president serves as the chief executive officer, manages the staff functions for the organization and reports to the board of directors.

QWhat’s your personal connection to Arkansas agriculture?

AFarming has been in my family for generations. I grew up on my grandfather’s farm in Baxter County and watched him and my dad work a cow-calf operation. We were the Baxter County Farm Family of the Year in 1986. Growing up we would haul hay, bushhog, build fence and I showed steers in high school through FFA and 4-H. I learned firsthand the importance of taking care of your animals and how, in turn, that meant having a healthier, better product to sell.

My father still farms at 78 years old and I still consider the family farm my home.

Jeff Pitchford grew up in agriculture, including showing steers in 4-H and FFA. Photo provided by Jeff Pitchford.

Arkansas Agriculture | ARKANSAS FARM BUREAU • ISSUE 65 • 2022 17 continued on page 18>>

Having spent my childhood on a family farm, it’s like coming full circle back to my roots in agriculture. After coming to work for Arkansas Farm Bureau, it didn’t take long for me to understand what a great organization it was and that our membership is made up of great people working hard for their families and communities. I realized that this is where I wanted to finish my career and I felt I needed to give back to the organization that had already given so much to me. I wanted to serve the membership, state board and my colleagues, and I’m humbled by the opportunity to be in this position. It is an immense honor and privilege.

QHow long have you been with Arkansas Farm Bureau and what was the career path that led you here?

AI came to Arkansas Farm Bureau in 2014 to work in the Public Affairs and Government Relations Department as Director of State Affairs. In my career before coming to Farm Bureau, I worked for the Arkansas General Assembly, served in Gov. Mike Huckabee’s office and as director of a small state agency called the Department of Rural Services. I spent 15 years at the University of Central Arkansas (my alma mater), working my way up the position of Vice President over government affairs, public relations, and marketing. Why did you want the job of Executive Vice President at Arkansas Farm Bureau?

A

18 Arkansas Agriculture | ARKANSAS FARM BUREAU • ISSUE 65 • 2022 <<continued from page 17

AAdvocacy is our strength as an organization and has been since the beginning. What sets us apart from many other organizations is our grassroots approach to advocacy and addressing the issues farmers and ranchers face. We communicate and engage with our elected officials and policyBeingmakers.active gets Farm Bureau a spot at the table and that’s the most important thing. Above all else, Arkansas Farm Bureau shows up. What I mean by that is that it’s important to be in the room, talking to policy makers, letting them know the issues that are important, and getting the word out. That really is the key to our effectiveness.

QFrom your perspective, what are the major issues and challenges lying ahead forArkansas Farm Bureau in the remainder of 2022 and intoA2023?

Farmers and ranchers have it tough enough with the typical weather issues, but what is going on with markets, input costs and interest rates is making 2022 difficult, to say the least. We’re also concerned about educating consumers and our young people about the future of agriculture. Supply chain issues during the Covid shutdown exposed our food chain issues and many consumers started to pay more attention to where their food comes from and how it gets to them. We need to continue to make sure they’re aware of the issues that farmers face trying to get good products to them and we also need to focus on the future workforce of agriculture by educating our kids about the industry and the

QA major part of the Arkansas Farm Bureau mission is to “advocate the interests of agriculture in the public arena.” What are some of the most important ways thatArkansas Farm Bureau does this?

Photo by Shaylee Wallace Barber

I am married and have two stepdaughters named Lizzie, 14, and Sophi, 12, and a 13-month-old girl named Macie (Your prayers are welcomed). My wife, Dr. Kateryna Pitchford, is a business professor at Central Baptist College in Conway and is originally from Ukraine. She has been in the U.S. for almost 20 years and we had the opportunity to visit her home country and family back in 2017. We had a great experience there and the people were so kind to us. It’s heartbreaking to see what is happening over there and to the people of Ukraine, who are having to deal with a war they did not deserve nor want. The countryside is very rural and many earn what they can from growing agricultural products. I feel for those farmers and all the people there. Kateryna’s family are ok as of now but it is very, very difficult to live and survive there; the future is very uncertain for them. We do what we can and my wife’s work in Rotary has been successful in getting supplies to her home city, so hopefully we can do more to help.

AI really do not like coconut or raisins, and that means I don’t want either in or on my desserts.

QWhat are some of your interests and hobbies?A

QWhat is the one thing you think people should know about you that they may not?

While I like to fish but never seem to have time for it, so back in 2016 I rekindled a hobby from my childhood: collecting sports cards, mainly baseball. When I have the time, I enjoy going through them and now that I have “adult” money, I have been able to buy some of the cards I dreamed of as a kid but could never afford. I also “discovered” the great baseball history of Hot Springs – the birthplace of baseball spring training, right here in Arkansas – and I’m a supporter of the events held there every year. I even got to meet my childhood hero, Ted Simmons, who played on my favorite team, the St. Louis Cardinals, in Hot Springs. The hobby has exploded over the past few years and I’m glad I have the cards I do have now that some have got too expensive! *

Arkansas Agriculture | ARKANSAS FARM BUREAU • ISSUE 65 • 2022 19 many opportunities they have to work in agriculture. In addition, we will continue to be on guard about regulations that seem to be growing more burdensome, such as property rights and taxation.

Jeff Pitchford’s stepdaughters Sophi (left) and Lizzie (right), his wife Dr. Kateryna Pitchford and their 13-month-old daughter Macie. Photo provided by Jeff Pitchford.

QTell us a little about your family and your personal connection to what’s happening inAUkraine.

For over 70 years Farm Bureau® Insurance’s commitment to our customers has never wavered. In that time, local agents and adjusters have served communities all over Arkansas with home and auto insurance, and more. We believe that your family is part of our family. And protecting families has always been our pledge. Talk with your local agent to learn more about the Farm Bureau Promise. You Deserve More. You Deserve a Promise. Real Service. Real People.® afbic.com

Arkansas Agriculture | ARKANSAS FARM BUREAU • ISSUE 65 • 2022 25 501.683.8835 • deltasolar.com Going solar is a POWER move. Give us a call today to see how investing in solar can improve your bottom line. Your Local Expert in Commercial & Agricultural Solar Solutions. Fences • Gates • Stairways Mailboxes • Trailers & more Stainless Steel • Wrought Iron • Aluminum C. Wright Custom501.912.3574WeldingFabricationCertifiedWeldersSince1990Hours:8:00-4:302MaywoodDr.•LittleRock

Barton turned to Jeff Lawson, an Arkansas Game and Fish Commission private lands biologist, for a better solution. Lawson, who had previously worked with Barton on a deer management assistance program (DMAP) plan, had the answer for the hogs in the Game Changer Jr., a large, multipaneled fence-like contraption with four simultaneously dropping gates and solar-powered live-feed video. The trap could be observed and gates controlled from many miles away via smartphone.

In a three-week period earlier this year, the trapping dispatched 60 feral hogs. Since then, game cameras on the property have caught no sounders, but just an occasional transient older boar or two.

Jeff Barton (left) of Silvicraft Inc. called on Jeff Lawson (right), an AGFC private lands biologist, to help eradicate feral hogs on an 1,800-acre tract in Bradley County.

Hog Eradication by County

Jeff Barton, vice president of Silvicraft Inc., a timber dealership covering southeast Arkansas, jokes that feral hogs literally came with the company’s 2013 purchase of 1,800 acres in southern Bradley County. But for the nine years Silvicraft has owned the land, the hogs have been no laughing matter. The food plots of grains and turnips that Barton and others created for deer and other wildlife became the target of the hungry and destructive feral hogs. Barton says they would shoot 10 to 20 hogs a year while deer hunting, but that wasn’t putting much of a dent in their problem. A few stationary traps took the incidental one or two hogs as well.

300+200-299100-19936-991-350457 315 0 137 55 0 24 7 0000 85 45 284 44 11 140 13272373694 86 34 132 26 38 00 32 220 65 0 0 39 118 269 266597 91412165 192495 027258 0 0 0 33 0 060 2 29 27 0 21 0 0 00 59 0 0 19 0 0 0 48 Arkansas Federal Hog Eradication Task Force The task force has removed 5,846 fer al hogs January-April 2022 9 Arkansas Feral Hog Eradication Task Force

The property lies within an area of the state with an entrenched population of feral hogs, according to Ryan Farney, the AGFC’s feral hog program coordinator. The Saline River, a transitional corridor for the hogs, runs along and through the property. Sounders may find their way back onto the land, especially now that the competition has been eliminated and with summer heat moving in hogs need the river to stay cool. But a plan is in place. “It’s a group effort between myself and the landowners,” Lawson said. Not only are the food plots free of hog rooting and destruction, the roads within the property are getting a reprieve, Barton noted. “A large sounder will get in a road down here with a mudhole and they’re liable to triple the size of a mudhole,” he said.

“It’s absolutely the most successful way we’ve tried to take care of the hog problem,” Barton said. “We’ve seen our turkey population come back to life,” he added. “When we first bought the place … we came in here and thinned the timber a little bit and the turkeys kind of left. But along with that we gained more hogs. Since we’ve been trapping and taking more hogs out, we’ve seen a whole lot more turkeys than we’ve had since we first bought the place. I’m hoping there’s a correlation between the two.”

The free feral hog control program is available to landowners throughout the state through APHIS Wildlife Services at 501-835-2318. For more information on how to control feral hogs on your property, go to arkansas-department-of-agriculture-services/feral-hog.www.agriculture.arkansas.gov/ Help stop the spread of feral hogs throughout Arkansas. Download the app Survey 123 to report observed and removed feral hogs. Use the QR code to access the Arkansas feral hog survey. Attention Landowners:

Mid-Terms Are Coming

Sen. Boozman currently serves as ranking member of the Senate Agriculture, Nutrition and Forestry Committee. He is a 10-time Friend of Farm Bureau, awarded to members of Congress who have supported Farm Bureau’s policy position issues.

* 28 Arkansas Agriculture | ARKANSAS FARM BUREAU • ISSUE 65 • 2022 PolicyUPDATE Right Now & Looking

In addition to drought impacts, our public policy and government affairs team is busy preparing for the upcoming mid-term elections. Just as we plan for meetings or schedule a doctor’s appointment, we also need to plan and prepare to vote. We recommend utilizing readily available resources to find out about the candidates running for office in your area, where your early voting site is located, and where your polling location is on Election Day. If you’re not familiar with the candidates representing you, check out our Ark Elect resource. You can find a messages from nearly all statewide candidates in our Measure the Candidate series at ArkElect.com.

A Hot and Dry Summer is Tough on Farmers

The shortage of grass and hay is affecting Arkansas farmers in several ways, just look at beef cull cow sales across the state. According to the University of Arkansas extension, cull cow sales have increased 20% over the same period last year. You can read more from our experts and see the full collaborative report at ARFB.com

The Golden Plow has Returned to the Natural State During our annual Officers and Leaders Conference in July, the American Farm Bureau presented the Golden Plow award to U.S. Senator John Boozman. AFB president Zippy Duvall traveled to Rogers to present the award in person in front of more than 700 people in attendance.

It’s important to remember that ag issues remain a top priority for candidates and elected officials, especially as we grow closer to Election Day. As farmers and ranchers, we are best suited to represent the priorities, obstacles and opportunities of our industry. So be active and make your voice heard during the campaign process and especially on Election Day.

The senator played a key role on the inclusion of poultry growers in the Coronavirus Food Assistance Program (CFAP), an unprecedented benefit for contract growers, who have been excluded from federal support programs historically because they do not own the birds they raise. This action resulted in almost $1 billion in federal assistance to support poultry growers who were seeing reduced flock placement because of supply chain challenges that resulted during the COVID-19 pandemic. ForwardByJarrodYates, Director, Public Affairs & Government Relations

Sen. Boozman became the third Arkansan to earn the Golden Plow, following Sen. David Pryor (1989) and Sen. Blanche Lincoln (2008).

It’s been a long, hot and dry summer for farmers and ranchers across the state. Producers across the state are busy making sure crops and livestock get the water they need to survive. Arkansas Farm Bureau economists have been busy quantifying the impact of the driest period our state has seen in 10 years. While the drought has impacted all Arkansas producers, it’s been especially hard on livestock and hay producers in the state.

A collaborative analysis conducted by economists at the University of Arkansas and Arkansas Farm Bureau resulted in a preliminary estimate of more than $95 million worth of grassland and hay lost so far this year due to drought. This is equivalent to more than one-third of the of the typical average forage production across the state.

Arkansas Agriculture | ARKANSAS FARM BUREAU • ISSUE 65 • 2022 29 For Advertising Rates contact Paula Caruthers 501.725.3553oremail moreofpcaruthers@pcipublishing.comAnofficialpublicationArkansasFarmBureauFederationdistributedtothan43,000farmingandranchinghouseholdsinArkansas. HARNESS THE POWER OF THE SUN Improve Cash Flow + Control Costs sealsolar.com | 501.376.7325 PRUITT’SSALESTOCKYARDMID-STATEEACHMONDAY@1P.M. The Chairman Prepping for Pests WINTER 2020 ConnectivityBetterGrowingPopularity: Cover Crops Catch On FALL 2021 QUARTERLY Power of Pollinatorsthe MentalPlus: Health on the Farm

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It’s no secret that fertilizer costs have skyrocketed, creating a financial pain point for producers and the overall agricultural industry. Recently, the U.S. International Trade Commission ruled to not impose tariffs on nitrogen fertilizers imported from three countries, including Russia. This decision should make it easier to import these fertilizer products into the U.S., thereby increasing supply and hopefully softening input prices for the agriculture industry. Additionally, a forthcoming decision from the U.S. Court of International Trade will determine whether the International Ag LawUPDATE

By Harrison Pittman

Fertilizer Supply Chain Shakeup

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.

32 Arkansas Agriculture | ARKANSAS FARM BUREAU • ISSUE 65 • 2022

S ome major national issues – supremely important issues, so to speak – have been on our radar at the National Agricultural Law Center recently. In this edition, we provide some background on these and how they are playing out in federal courts and we also explore some pressing issues at the state and international level.

U.S. Supreme Court Not Yet Roundup Ready Since 2016, thousands of lawsuits have been filed throughout the United States by plaintiffs who claim that glyphosate – the active ingredient in Roundup and among the most widely used crop protection products – caused them to develop cancer. A key issue for the future of these lawsuits is whether the federal law that governs the use of pesticides (the Federal Insecticide, Fungicide, and Rodenticide Act, or “FIFRA”) preempts state law failure to warn claims raised by plaintiffs. Typically, plaintiffs assert that the defendant failed to warn of the health dangers allegedly associated with Roundup. The counterargument is that the state law claim is preempted by FIFRA. A state law claim that is preempted by FIFRA eliminates that claim from the lawsuit, thereby weakening the plaintiffs’ cases. Two significant lawsuits – both of which had held that FIFRA did not preempt the state law claims at issue – were appealed to the Supreme Court in 2021. Recently, to the disappointment of many agriculture groups, the Court announced that it would not take up either case. Additionally, just a few weeks later, the U.S. Court of Appeals for the 11th Circuit held that FIFRA did not preempt the plaintiffs’ failure to warn claims in that case. Thus, the issue of preemption will have to wait for other lawsuits to evolve through the court system before we learn whether the Supreme Court will weigh in on this critical issue.

Arkansas State Plant Board Saga Continues

U.S. Supreme Court Ag Action

In June, the Circuit Court of Pulaski County, 16th Division, held that the process for appointing certain members to the Arkansas State Plant Board was unconstitutional.

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Specifically, the court considered whether the requirement that the Governor appoint members to the State Plant Board derived from lists of names provided by private business associations was an unconstitutional delegation of public power to private entities. This was the latest legal development following the issuance in 2021 of the Arkansas Supreme Court decision in McCarty v. Arkansas State Plant Board, which held that the appointment process for several members of the State Plant Board was an unconstitutional delegation of public power to private entities. The trial court decision was not appealed before the timeline to file an appeal.

The U.S. Supreme Court will be taking actions directly related to agriculture in Arkansas and throughout the country. As previously noted in this column, the Court will render a decision regarding the jurisdictional scope of the Clean Water Act in Sackett v. EPA. This will be one of the most anticipated ag-related decisions and the Court will hear the case on October 3. A week later, on Oct. 11, the Court will hear oral arguments to legal challenges brought by the National Pork Producers Council and American Farm Bureau Federation to California’s Proposition 12. Proposition 12, if and when implemented, would effectively ban the sale of pork in California from hogs produced in states that do not meet the much more stringent production standards set forth in Proposition 12. Additionally, in late June, the Court issued a decision in West Virginia v. EPA that likely significantly limits the authority of the EPA. While the specific facts of that case involved coal-fired power plants, the nature of the decision could have wide-ranging impacts on agriculture and other industries regulated by EPA. Finally, the Court declined to take up a case involving a challenge to the constitutionality of the national beef checkoff. To learn more about these and other issues impacting agriculture in Arkansas and the nation, be sure to visit the Center’s website at www.nationalaglawcenter.org

33 Trade Commission properly determined that imports of phosphate fertilizer from Morocco economically damaged U.S.-based fertilizer manufacturers.

In June, a key hearing was held before Court of International Trade Judge Stephen Vaden, who previously served as the USDA General Counsel from 2016-2020. The nature of Judge Vaden’s questioning of the International Trade Commission could signal that a ruling is forthcoming that would open the U.S. market to the Moroccan fertilizer. That decision will likely be issued within the next few months.

Arkansas Agriculture | ARKANSAS FARM BUREAU • ISSUE 65 • 2022 35 Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C | Jeffrey Thomas, Managing Director MitchellWilliamsLaw.com 425 W. Capitol Ave., Ste. 1800 | Little Rock, AR 72201 | (501) 688-8800 LITTLE ROCK | ROGERS | JONESBORO | AUSTIN CHOOSE AGRI WITH FARMING ATTORNEYSBACKGROUNDS Business RegulatoryComplianceAcquisitionsFormations,&Sales&Matters • Employment EnvironmentalMattersIssues Estate & Succession &LeasePlanningAgreementsEasements • Tax Planning THE POWER OF EXPERIENCE CONTACT AGRI ATTORNEYS TRAV BAXTER & JORDAN WIMPY

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