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B&D Genetics Page 6
: s YF&R PluAward
Winners
Arkansas Game and Fish Commission offers private landowners technical assistance and advice managing wildlife through a statewide staff of private lands biologists. Private land biologists are deicated to helping landowners achieve their goals by writing customized habitat plans based on the soils, current land use and habitat types of their property. They can even identify possible government assis ance programs to help offset any costs of improving the habitat value for wildlife. With almost 90 percent of Arkansas’s land being privately owned, Wildlife management cannot be accomplished simply through the relatively small islands of publicly managed land. Many species, such as northern bobwhite, wild turkey and waterfowl, require large areas of
connected habitat to thrive. That requires the help of many private landowners working together. Below are some of the examples of programs or permits that AGFC Private Lands Biologist can use to help landowners improve wildlife habitat and meet wildlife management goals on their property. Deer Management Assistance Program The Deer Management Assistance Program provides technical assistance to landowners and hunting clubs to improve deer populations. Biologists work with land managers to assess habitat quality and the potential to support a healthy, well-balanced deer herd. They evaluate historical, present and future deer management efforts and meet with clubs and land managers to explain options and expected results.
Acres for Wildlife Acres for Wildlife is a free environmental action program of the Arkansas Game and Fish Commission which targets all wildlife species and gives special emphasis on species of greatest conservation concern. It improves habitat and encourages landowners to consider wildlife needs in conjunction with good farming, livestock production and forestry practices. The program does not retire cropland or grazing land, nor does it open “posted� land to hunters. This is left entirely to the discretion of the landowner. NEW Predator Control Permit The Arkansas Game and Fish Commission recently relaxed hunting regulations on certain predator species Coyote, raccoon, opossum and striped skunk may now be hunted year-round on private land in Arkansas. There are no daily or possession limits to any of these species on private land, and wanton waste regulations will no longer apply to these four species. A new free Predator-Control Permit also is available to private landowners, which will let permit holders shoot or trap bobcat, coyote, gray fox, red fox, opossum, raccoon and striped skunk day or night. This permit is now available at AGFC.com. The regulation change allows private landowners more opportunities to reduce these predators on their property to try to boost their quail and turkey numbers.
Find A Private Lands Biologist Central Jason Honey 501-580-5390
Northwest Hugh Lumpkin 479-353-7674
East Central Daniel Greenfield 870-569-8124
East David Graves 870-319-0668
North Central Ben Field 501-442-6197
Southeast Bubba Groves 870-224-3334
West Central Clint Johnson 501-270-1926
West Michelle Furr 479-222-5894
Northeast Bo Reid 870-291-1281
Southwest Ricky Chastain 870-331-1297
FE ATURES Producing Beter Livestock Keith Sutton | Page 6 YF•R WINNER FEATURES: Continuing A Family Legacy of Success Gregg Patterson | Page 14 Land and Family Gregg Patterson | Page 24
COLUMNS
Farm Bureau Perspective Randy Veach | Page 3
Policy Update
Michelle Kitchens | Page 24
Ag Law Update
Harrison Pittman | Page 32
COVER DESIGN by Bryan Pistole
Photos by Keith Sutton
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SUMMER 2019
Edition 54
Farm Bureau Perspective by Randy Veach | President, Arkansas Farm Bureau Federation
I
t appears repeal of the 2015 Waters of the United States rule by the Environmental Protection Agency is imminent, which will mark a victory for common sense, clean water and clear rules. The expected repeal also speaks to the impact that a reasoned, united appeal from farmers and ranchers can have on policy. As farmers and ranchers, we share the goal of protecting our nation’s water resources, but the 2015 Waters of the United States rule was unrealistic and unworkable. It wanted to treat dry streambeds, ditches that seldom carried water, stock ponds, water furrows and pot holes in fields with the same regulatory guidelines as navigable, intrastate waterways. The expected repeal follows a multi-year effort by the American Farm Bureau, Arkansas Farm Bureau and an array of allies to raise awareness of the overreaching provisions of the rule. Many of you likely participated in the Ditch the Rule campaign, where Farm Bureau members were asked to bring the issue to elected officials. While no regulation is perfect, and no rule can accommodate every concern, the 2015 rule was especially egregious. We should all be relieved to put the WOTUS nightmare behind us. Under the proposed WOTUS rule, which has been mired in court battles for several years and cost taxpayers millions, EPA was interpreting the existing Waters of the U.S. law to limit movement of soil, and claim oversight of just about any body of water. Farmers and ranchers would have been required to spend thousands of dollars just to determine if their property was governed by WOTUS regulations. The agency was basically taking lawmaking
authority away from duly elected officials and extending its own interpretation of Congressional intent with the Clean Water Act. As an example of the burden this would have placed on farmers, imagine that building a fence across a ditch, applying fertilizer or pulling weeds in some cases could have required a federal permit, an arduous and time-consuming task. Frankly, the proposed rule made conservation more difficult and had created huge liabilities for our farmers and ranchers. As interpreted, the rule would have given EPA veto authority over a farmer’s or rancher’s ability to operate. That would have been a slap in the face to the world’s best stewards of our land and water. As proposed, farmers, ranchers and other land owners would have faced a tremendous roadblock to ordinary land-use activities. This was never about the paperwork to get a permit to farm or about having farming practices regulated. The fact was there was no legal right to a Clean Water Act permit. If farming or ranching activities need a permit, then permits could have been denied. As interpreted by EPA, the WOTUS rule would have basically become a government taking of private property. Thankfully, after more than five years of argument, debate, lawsuits, and considerable effort on behalf of farmers and ranchers, the EPA’s rule is expected to be repealed. We must now get to work to ensure a fair and reasonable substitute that protects our water and our ability to work and care for the land. Thank you to those of you who asked officials to Ditch the Rule. *
While no regulation
is perfect, and no rule
can accommodate every concern, the 2015 rule
was especially egregious.
We should all be relieved to put the WOTUS
nightmare behind us.
Arkansas Agriculture
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An official publication of Arkansas Farm Bureau Federation distributed to more than 43,000 farming and ranching households in Arkansas. SUBSCRIPTIONS
Included in membership dues ARKANSAS FARM BUREAU OFFICERS:
President • Randy Veach, Manila Vice President • Rich Hillman, Carlisle Secretary/Treasurer • Joe Christian, Jonesboro Executive Vice President • Warren Carter, Little Rock DIRECTORS:
Jon Carroll, Moro Terry Dabbs, Stuttgart Sherry Felts, Joiner Mike Freeze, Little Rock Bruce Jackson, Lockesburg Tom Jones, Pottsville Terry Laster, Strong Jeremy Miller, Huntsville Gene Pharr, Lincoln Caleb Plyler, Hope Rusty Smith, Des Arc Joe Thrash, Houston Dan Wright, Waldron EX OFFICIO
Magen Allen, Bismarck Donna Bemis, Little Rock Adam Cloninger, Keo Dustin Cowell, Deer Executive Editor • Steve Eddington Editor • Rob Anderson Contributing Writers • Ken Moore, Gregg Patterson, Keith Sutton ADVERTISING
Contact Eva Bakalekos at Publishing Concepts for advertising rates ebakalekos@pcipublishing.com (501) 221-9986, Ext. 115 Fax (501) 225-3735 Arkansas Agriculture is published quarterly 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 #54 Publisher 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
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Producing Better
“The ultimate goal is trying to produce a better animal. It might be producing an animal for show, or it might be producing an animal for meat,” says David Cartwell about the work of B&D Genetics, the company he and his wife Brittany founded and run together. 6
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Livestock: Cherry Valley couple establishes important livestock reproduction center Story and photo by Keith Sutton
If it weren’t for a modest sign marking the turn from the highway just north of Cherry Valley, most folks wouldn’t know anything about B&D Genetics. In the few years the company has been there, however, this unique livestock reproduction center has developed into an important international business. For owners David and Brittany Carwell, it’s the realization of a dream. Arkansas Agriculture
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In just a little more than five years, David and Brittany Carwell have turned B&D Genetics in Cherry Valley into one of the most important livestock reproductive centers in the United States.
“I grew up here on the family farm where my dad grew row crops and raised livestock,” says David. “We raised goats and showed them at the fair. Brittany grew up on a small livestock operation in east Texas. We met while we were both working on master’s degrees in reproductive physiology at Louisiana State University.”
At LSU, the young couple immersed themselves in the study of advanced reproductive techniques for cattle, sheep, goats, white-tailed deer and horses. Practices they learned included semen and embryo collection and cryopreservation, RIA and ELISA hormone assays, cloning, in-vitro fertilization and embryo splitting/biopsy. They got married after finishing graduate school, returned to David’s family farm and launched their business, B&D Genetics. “We were trying to figure out exactly what we wanted to do for a career,” David says. “When we got out of school, we both had to take what we call real jobs to get started, but over time, we got our own business up and running. 2014 was our first full year, and it’s continued growing ever since.” “We’re a full-service ruminant reproduction company,” says Brittany. “We work with cattle, sheep, goats and deer, and we do everything from artificial insemination to embryo collection and transfer. We do a little bit of in-vitro fertilization, and we also do semen collection for all of those species. Our mission is to offer custom reproduction strategies to meet our clients’ goals.”
Brittany Carwell at work in the B&D Genetics lab. The company offers a wide variety of services for livestock producers, everything from pregnancy and disease testing to semen collection and artificial insemination.
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When asked why the animals aren’t just left to their own devices when it comes to reproduction, David says it’s all about shortening the genetic interval. Animal breeding is far behind plant breeding and what plant science is able to do, he says. So, using these technologies, if you have an animal mating that produces more meat, milk or fiber, or show points, or whatever the producer is choosing that mating for, you’re able to produce more of that genetic material quicker. It’s no different than plant breeding in that respect. You want to take something you’ve identified as very valuable in genetics and replicate it very quickly so you can get it into production. “The ultimate goal is trying to produce a better animal,” David notes. “It might be producing an animal for show, or it might be producing an animal for meat. For example, our clientele who work with white-tailed deer may be producing big-antlered bucks for hunting ranches, or they could be goat producers who want animals with high parasite resistance so they don’t get worms during grazing. We have Boer goat breeders producing show wethers that are bringing in $10,000 to $20,000 for kids to show in Texas and across the South, and we have dairy goat breeders who want gallons of milk and butter fat and udder structure quality. The reproductive technologies we use are just tools. You have to pick which one you want to use.”
Many animals are brought directly to the B&D Genetics facility at Cherry Valley, but the Carwells also have a mobile laboratory that allows them to offer services out of state. “In some cases, you can bring them here, drop them off, and we take care of everything,” Brittany says. “For artificial insemination, you leave the female, then pick her up when she’s pregnant. With semen collection, you drop off your male animal, request that a certain number of units of semen be collected, and he stays until we get to that number.” Mobile services are provided through partnerships with breeders in other states. “We’ve identified key locales in the regions we go to, and producers that we work with, and we call them satellite centers,” says David. “The goal is to spend more time at one location doing more work as opposed to doing more work over a period of days. It’s sort of a ‘here today, gone tomorrow’ type of service for producers who are unable to bring their animals to Arkansas. We travel as far as California, south Texas, Pennsylvania and southern Georgia. Just recently we were in South Dakota. People can visit our website, www.bdgenetics.com, for satellite center dates and the services offered at each.” One of the newest services available from B&D is an export collection program for sheep and goats.
David Carwell shows how thousands of semen samples collected from cattle, goats, sheet, deer and other livestock are stored at B&D Genetics facility in Cross County.
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Blood samples ready for testing at Delta Livestock Diagnostics, the only certified BioPRYN blood pregnancy laboratory in Arkansas. Since its recent expansion, the company offers several new IDEXX diseasetesting services for multiple species and can serve customers nationwide.
“We are the only multi-country – including the European Union – sheep and goat semen and embryo collection, storage and export center in the nation,” says Brittany. “What that means is this: if you have identified valuable genetics in one or more of your animals, and you want to ship to international markets, you have to come to Cherry Valley. You can’t go anywhere else in the nation. “We’re expanding this service this summer to accommodate the demand, and we should have a very busy fall,” she adds.
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If all that weren’t enough, the Carwells also operate Delta Livestock Diagnostics (www. deltalivestockdiagnostics.com), the only certified BioPRYN blood pregnancy laboratory in Arkansas. With a recent expansion, they offer several new IDEXX Laboratories disease-testing services for multiple species of livestock and can serve customers nationwide. They also offer on-farm blood collection services, as well as blood collection supplies available in their online store. Delta Livestock Diagnostics has also partnered with IDEXX and Boehringer Ingelheim to conduct the “2019 Arkansas Background Bovine Viral Diarrhea Virus Survey.” This statewide survey will help identify the strains of bovine viral diarrhea virus that are affecting Arkansas cattle. More information about the survey can be found at www.deltalivestockdiagnostics. com/bvdv-survey/. “Delta Diagnostics started as a division of B&D Genetics,” Brittany notes. “We wanted to offer laboratory pregnancy testing so we could inseminate or transfer embryos and then also confirm the pregnancy. That took off and grew, and now we do pregnancy and disease testing for cattle, sheep, goats, deer, bison and horses. The producer can collect and send in the samples themselves if they like, and then we send them a report they can review with their veterinarian to make management decisions.” Delta Livestock Diagnostics also is the only certified Equine Infectious Anemia (equine Coggins test) lab in northeast Arkansas. The Carwells are already thinking of new ways to expand and improve their businesses. David believes they could do more with their in-vitro fertilization program. (“We’re only one of two companies in the whole country that are doing that,” he says.) Brittany would like to find ways to offer training packages to go with the products they sell for export. She believes that bringing American sheep and goat genetics to the international market has great potential for growth as now they are also shipped for a single country at a time. Both David and Brittany would like to eventually hire more employees so they can give more attention to both their in-clinic and satellite customers. “We’re very lucky,” Brittany says. “The people who work for us do a great job and have helped us succeed in everything we do. We couldn’t do it without them.” “My grandparents had a business here in Cherry Valley, and my dad had a business here,” says David. “They were very respected in the community as far as being employers, and we hope that will continue with us, too.” *
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Congratulations
2019 Young Farmers & Ranchers Achievement Award WINNERS
CONGRATULATIONS Mark & Shay Morgan 2019 Young Farmers & Ranchers Achievement Award Winner from Johnson County Farm Bureau
FINALISTS
CONGRATULATIONS CONGRATULATIONS Jeremy & Tracie Drew & Laura Davis Stewart Kitchens Craighead County 2019 Young Farmers & Ranchers Achievement Award Finalist from Lafayette County Farm Bureau
2019 Young Farmers & Ranchers Achievement Award Finalist from Riceland®
Congratulations!
Taylor Wiseman Washington County
Winner of the Discussion Meet from
Whitetail Properties
Chris Starnes & Tony Chrisco 479-301-5415 • 479-866-2622
www.whitetailproperties.com 12
Arkansas Agriculture
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Congratulations
2019 Young Farmers & Ranchers Excellence in Agriculture Award WINNERS
CONGRATULATIONS Matt & Terrie Shekels 2019 Young Farmers & Ranchers Excellence in Agriculture Winner from Boone County Farm Bureau
FINALISTS
CONGRATULATIONS CONGRATULATIONS Jared & Michelle Pass Michael & Monica Crawford County Paskewitz 2019 Excellence in Agriculture Award Finalist from Izard County Farm Bureau
2019 Excellence in Agriculture Award Finalist from Tyson® Van Buren
Congratulations
2019
Young Farmers & Ranchers Achievement & Excellence in Agricuture Nominees & Winners From Publishing Concepts, Inc.
pcipublishing.com Arkansas Agriculture
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ARKANSAS FARM BUREAU • SUMMER 2019
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Continuing A Family Legacy of
Success by Gregg Patterson
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F
arming is in Mark Morgan’s blood. The proprietor of Peach Pickin’ Paradise in Johnson County is a fifth-generation farmer. While growing up, he watched his dad, Steve, work the family farm alongside Mark’s late grandfather, George Morgan, Jr. Mark’s dad and his grandfather expanded the operation to include not only the peach orchard, but also turkey-growing and cow-calf operations, as well as hay production. Mark now manages the farm as a partnership with his dad and has added a poultry litter component to the business. Mark’s wife, Shay, is a registered and licensed dietitian with a master’s degree in clinical nutrition. Mark has degrees in ag business and animal science. The couple was the 2016 Arkansas Farm Family of the Year and recently earned honors as the 2019 Young Farmers & Ranchers Achievement Award winners from Arkansas Farm Bureau. The award recognizes young farmers and ranchers who make most of their money through farm income. Winning two major statewide competitions before turning 34 is impressive for any farmer, let alone one with less than 10 years running the farm. Oh, and the couple is also parenting two children, Kate 4, and Luke, 2. “The farm had always been a two-family operation between my dad and granddad,” Mark said. Following his grandfather’s passing after a short illness, Mark, 33, says his father maintained the three operations, and they were able to expand when Mark returned to the farm. He says during graduate school, he realized how much he missed growing peaches and farming. “So, I came back to the farm in 2010 and helped plant our current peach orchard,” he said. “I’m very thankful that my father offered me a path to come back to the farm and a way to start buying into its ownership. It took some business planning and a bunch of exchanging of ideas, but I’m grateful to have the opportunity to farm alongside my family.” Today, Peach Pickin’ Paradise is a 3,500-tree orchard specializing as a u-pick and ag tourism operation. It features 22 peach and three nectarine varieties. “We’re 60-70% pick your own. People come out and bring the family,” Mark said. “It’s a good summer activity. They get to see where their food comes from. It’s right off the tree and not just coming from a grocery store. It’s coming from the soil and the trees, so it’s a good way for them to connect to see the product firsthand on the farm. We like everybody to come out and see our place and have the chance to pick their own fruit.” Fruit from the orchard also is sold through other retail distributors. Morgan has sold peaches to a craft brewery and has been involved with three school districts in the Farm-to-School program. He and Shay get to visit the schools. Whether it’s people coming to the farm or the Morgans visiting a school, Shay, 32, enjoys sharing the agriculture story and nutrition information with them.
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Peach Pickin’ Paradise is a 3,500-tree orchard specializing as a u-pick and ag tourism operation. The orchard is located in Lamar, near Clarksville.
Mark Morgan’s father Steve, watches as summer visitors select their peaches. Peach Pickin’ Paradise offers 22 peach and three nectarine varieties.
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One of several goals Mark Morgan has set is “improving efficiencies in the turkey operation,” along with adding to the peach/nectarine orchard and continued improvement in the quality of their cattle.
Mark and Shay Morgan and their children Kate and Luke receive their YFR Achievement Award from ArFB President Randy Veach (far left) and Vice President Rich Hillman (far right).
Peach picking season normally starts at the end of June and can run into early to mid-August, so it usually lasts no more than seven to eight weeks. In 2017, Shay helped come up with the idea to get people to come to the farm in spring for what she calls BloomBlast. The trees are resplendent in their flowering blooms, creating wonderful photo opportunities. Each surviving bloom is destined to become a peach or nectarine. The Morgans provide hay rides, have antique tractors and farm equipment on display and have a children’s arts and crafts area where kids get to learn about agriculture. Families, brides and engaged couples love to have their photos
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Mark attending an Arkansas Farm Bureau Resolutions meeting.
taken during the spring bloom. Shay manages appointments with the photographers, opening a new income stream for the farm. The Morgans understand the necessity of having a diversified farming operation with multiple streams of income. In 2018, a late spring frost killed most of the peach buds. Mark says they only managed 12% of what a normal crop would have been that year. Peach income was a bust. With income diversification in mind, the Morgans have expanded their cattle operation since Mark came on board, from 173 head to 282; the farm acreage rented/owned from 679 to 1,206; increased their acreage of Bermuda grass forage; added a barn; expanded their rotational grazing and have improved the quality of their cattle. They’ve also decreased waste in peaches and have actively increased their followers for Peach Pickin’ Paradise on Facebook to more than 6,500. Future plans include improving in all of those areas, adding to the orchard and improving the efficiency of the turkey operation. The Morgans are also active in the community and in Farm Bureau, where Mark is presently the county president, and Shay is active on several Farm Bureau, church and event committees. Not bad for less than 10 years farming. *
With income diversification in mind, the Morgans have expanded their cattle operation since Mark came on board, from 173 head to 282.
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Land I
f you were asked to picture a young, all-American farm family, your brain would likely conjure a couple just like Matt and Terrie Shekels. The Shekels are like so many farmers and ranchers in this country: hardworking, dedicated and determined to make it in a challenging field. However, after spending time with them, talking about what they do, listening to their hopes and dreams, it is easy to walk away impressed and confident about the future of farming. They’re salt-ofthe-earth folks engaged in noble work . The Shekels recently were named winner of the 2019 Young Farmers & Ranchers Excellence in Agriculture Award. The award honors young farmers who have fulltime jobs off the farm. Terrie, 35, is a home health and hospice registered nurse for the local hospital in Harrison. Matt, 33, is an ag business professor at nearby College of the Ozarks, a Christian college in Point Lookout, Mo.
Matt and Terrie Shekels on their Boone County cattle ranch.
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Family The ties that bind by Gregg Patterson
Both come by farming naturally and know the satisfaction derived from its hard work. They grew up on dairy farms. Terrie in Minnesota and Matt in the same area where they now raise black angus in Boone County. Matt stretches his arm in front of him and points off into the distance. “Dad’s farm is not too far from here in that direction,” he says. He shifts the direction of his arm slightly, saying, “and that roof you see over there between the trees is my grandmother’s house.” Land and family. Deep roots that have taken hold in these Ozark hills. “Farming got into our blood. It’s who we are,” Matt said. “The passion for agriculture is deeply rooted in our lives. As we met and started figuring out what we wanted in life, farming was definitely a part of that.”
They met in 2002 at a national 4-H dairy conference in Wisconsin, where both were representatives for their respective states. Each then attended different colleges, Terrie in Iowa and Matt in Arkansas. They carried on a long-distance relationship as honest-to-goodness pen pals for four years (the days of restricted cell phone plans and before texting, Matt says). Back in Wisconsin again for the national 4-H dairy conference in 2006, Matt planned and asked Terrie to marry him in the same room where they first met four years earlier. They married in 2007. The couple now have three boys who love farm life, Andrew, 6, Caleb, 5, and Aaron, 3. “We made a conscious decision to raise our children on a farm and to raise them in rural America. We both grew up in rural America,” Terrie said. “And we want our children to understand, appreciate and have those values: hard working, respect, caring for the land and animals, and other people, where food comes from.”
Raising and improving beef cattle stock is the main thrust of the Shekels’ farming operation. The Shekels have 50 purebred commercial black angus on their ranch. Arkansas Agriculture
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Matt describes watching his boys grow up on the farm as “awesome,” adding it makes them particularly happy they are “growing up and learning all of the wonderful life lessons that the farm has to offer them.” “Terrie and I get great satisfaction seeing our boys getting their roots on a farm, because we personally know the impact it can have on one’s life,” he says. Raising and improving beef cattle stock is the main thrust of the Shekels’ farming operation. They have 50 purebred commercial black angus. Matt is also involved in a side business of artificial insemination/ embryo transfer of cattle. “I am able to artificially inseminate cattle all over our region and love being able to help producers improve their herds,” Matt said. He also does embryo transfer, a technique he learned in 2008. This is done for producers who don’t want to use artificial insemination. “We implant those into our commercial herd. Our
goal is to get the highest quality black angus females we can get and produce black angus, Sim-angus and black baldy bulls to sell,” Matt said. Living as close as he does to his dad, Matt also helps with his 250 cow/calf pairs. They also run a custom hay business and grow high-tunnel strawberries to sell through a CSA network and directly to customers. “We’re fortunate to be here right near to Matt’s family,” Terrie said. “We’re able to share some equipment, and we were able to purchase this land, but not everybody is that lucky. It takes a lot of time. It’s a lot of hard work.” “It’s been several steps along the way to acquire a farm and build it up to get where we are today,” Matt said. “But that’s part of the journey, part of the fun.” A journey worth taking for this young farming couple. Rooted to the land. Rooted to family. Rooted to each other. *
The Shekels also run a custom hay business and grow high-tunnel strawberries. Matt is also involved in a side business of artificial insemination/embryo transfer of cattle. 22
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Terrie Shekels is an avid vegetable gardener. She says it helps her relax from her day job as a home health care and hospice nurse, provides an opportunity to introduce their children to farming and provides a home-grown and healthy food source for the family’s meals.
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PolicyUPDATE Michelle coordinates the policy development process for Arkansas Farm Bureau and regularly updates the membership on legislative and regulatory issues. She grew up on a cattle and poultry farm in southwest Arkansas and earned a degree in communication management from Harding University.
By Michelle Kitchens, Assistant Director, ArFB Public Affairs & Government Relations How to Win an Election Election coverage is unescapable for the next year. From the courthouse to the Capitol, our state needs good people to seek public office. Arkansas Farm Bureau will hold a “How to Win an Election” seminar Oct. 22-23. The seminar will teach candidates about campaigning, fundraising and reporting requirements. If you are interested in more information, visit the Farm Bureau website at www. arfb.com or call Jeff Pitchford at 501-228-1625. Levee Taskforce This summer’s floods brought levee shortcomings to the forefront. Vacant boards, insufficient funds and overlapping jurisdictions are just a few of the challenges in shoring up the state’s levee system. A 2009 Arkansas Legislative Audit Report revealed the state’s lack of authority to provide oversight and the vacancies on many levee boards. Although the legislature has amended state law to help identify and correct board vacancies, the issue is not resolved and many other challenges still exist. Gov. Asa Hutchinson has appointed a 25-member task force to study and analyze the current conditions of the state’s levees. The task force is chaired by Jami Cook, secretary of the Department of Public Safety. The Arkansas Levee Task Force also includes seven other state officials, four lawmakers, three county judges and two mayors. Evan Teague, former environmental specialist and current vice president of the Commodities and Regulatory Affairs department for Arkansas Farm Bureau, was amoung those appointed by the governor. The group will issue recommendations to improve the state’s levee systems by Dec. 31. Trade On the national front, agriculture is a prominent player in two of the biggest issues in the headlines: immigration and trade. Agriculture exported $129 billion worth products in 2016. The industry’s trade surplus numbers are in the billions of dollars. The United States exports 50 percent of major commodity crops such as corn, wheat and soybeans; 70 percent of fruit nuts and 25 percent of pork. The financial security of farmers is heavily
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dependent on exports. Exports account for 20 percent of all farm revenue and are increasingly important as farm incomes continue to decline. Trade negotiations and tariffs have left U.S. markets disrupted. At the end of July, farmer signup began for the $16 billion trade assistance package for agriculture. Governmentfunded trade assistance cannot go on indefinitely and the real need is a resolution to trade disputes. A good place to start would be the finalization of the U.S.-Mexico-Canada Agreement (USMCA). More than 900 agriculture organizations sent a letter to Congressional leadership signaling their support of the USMCA. The U.S. Trade Representative (USTR) has sent the required draft Statement of Administrative Action (SAA) to Congress for implementation of the USMCA and a copy of the final legal text of the Agreement. Meanwhile the battle with China continues. Tariffs and promises of tariffs have been applied by both countries. In late July, the White House announced that China would purchase more agriculture products. Less than two weeks later on Aug. 5, China announced that state-owned companies would suspended purchases of U.S. agricultural products. The U.S. exported $19.5 billion of agricultural products to China in 2017. As a result of retaliatory tariffs, agricultural exports were reduced to $9.1 billion in 2018 and have continued to decline, with a $1.3 billion drop in the first half of 2019. The United States and China represent the world’s two largest economies, so trade disputes between the two impact virtually every nation in some way. Negotiations continue, and one bright spot is the announcement of an increase of 35,000 tons of hormone-free beef to the European Union. It’s a modest victory, but still a victory. Immigration Given the complexity of immigration, a sweeping, all-inclusive bill is unlikely to make it across either chamber and to the President’s desk. For the purposes of temporary ag labor, many producers utilize the H-2A program. The H-2A visa program – also known as the temporary agricultural workers program – helps producers fill employment gaps by hiring workers from other countries. Under this program,
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farmers are forced to navigate complex levels of bureaucracies that are timely and expensive. Moreover, under the H-2A program, producers are required to follow strict requirements with include compensating federal workers at a much higher rate than the minimum wage. This is known as the Adverse Effect Wage Rate or AEWE. For 2019, Arkansas producers hiring H-2A workers are required to pay workers $11.33 per hour compared to the state’s minimum wage rate of $9.25 per hour. Currently, the Department of Labor has put forth a notice of proposed rulemaking in the Federal Register that addresses critical components of the H-2A program – including adjusting the formula used to calculate the AEWR – to make the program more user friendly for our hard-working farmers and ranchers. For long-term comprehensive immigration reform, Farm Bureau would like to achieve two goals: • The creation of a new market-based visa program that is available to both seasonal
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and year-round farmers, administered by the USDA, and that provides flexibility for employers and workers by allowing contract and at-will employment options, and • An adjustment of status for experienced, but unauthorized, agricultural workers. Farm Bureau is working to build a coalition among agriculture organizations to rally behind legislation that addresses the policies set forth by its members. However, there are still important questions to be answered: Is Congress willing to tackle immigration one piece at a time or is comprehensive legislation the only thing with a real shot at final passage? Is either party going to advance such a controversial bill in a presidential election year? The problems remain even if Congress does not act. The agriculture industry needs Congress to pass responsible immigration reform that addresses agriculture’s current experienced workforce and creates a new flexible guest worker program. *
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An official publication of Arkansas Farm Bureau Federation distributed to more than 43,000 farming and ranching households in Arkansas.
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Ag LawUPDATE Harrison M. Pittman heads the National Agricultural Law Center, which serves as the nation’s leading source of agricultural and food law research and information. The Center deals with legal issues around the country that impact agriculture at the state and federal levels.
by Harrison Pittman, Director, National Agricultural Law Center University of Arkansas System, Division of Agriculture
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fter a challenging spring for Arkansas farmers and ranchers, we move into harvest season still dealing with major, national issues like trade that have been hanging over the agriculture industry for some time now. I’ve put together some updates on these big concerns, but also the latest on state issues like grain grading rules and the legal battle over new food labeling requirements. Ag Trade. In early August, President Donald Trump announced additional tariffs of Chinese products imported into the U.S. In response, China announced that it would stop purchasing all U.S. agricultural products, dealing yet another blow to an overwhelmed agricultural sector. The timeline for some kind of resolution is unknown, with many observers believing the trade tensions will likely continue through the 2020 Presidential election. Additionally, the fate of the “new NAFTA” – the United States Mexico Canada Agreement (USMCA) – remains unresolved. USMCA supporters hope the measure will be brought up for a vote in the U.S. House in September, following the summer Congressional recess, where it is widely believed to have sufficient bipartisan support for passage. In the meantime, there is still the possibility that President Trump could attempt to withdraw from NAFTA ahead of the potential USMCA vote. Ag Bankruptcy. Congress recently passed the Family Farmer Relief Act of 2019, which expanded the debt limitations for Chapter 12 eligibility for family farmers and fisherman. Under the new law, the debt limit for a family farmer is increased to $10,000,000, nearly double the previous debt limit. This change will allow more family farmers to qualify for Chapter 12, thereby broadening their 32
potential options for managing debt. In mid-August, the bill was sent to President Trump for his signature. Arkansas Grain Grading Rules. In 2019, the Arkansas legislature enacted the Arkansas Grain Grading Act, which directed the Arkansas Department of Agriculture to adopt rules regarding the grading of grain in Arkansas. The department has since issued a proposed rule applicable to the grading and sampling of corn, soybeans, and wheat and opened a 30-day public comment period on July 20. As proposed, the rules establish, among other items, a re-inspection process for “excessive deductions” of grain, which the proposed rule defines as “having more than four percent (4%) total damage.” The proposed rule is available on the department website. Arkansas Food Labeling Lawsuit. In late July, The Tofurky Company filed a lawsuit challenging the constitutionality of the recently enacted Arkansas law generally referred to as the “Truth in Labeling of Agricultural Products that are Edible by Humans Act.” Arkansas, like several other states, enacted the law to address concerns over the labeling of plant-based products such as “cauliflower rice” and laboratory-produced proteins as “meat.” Opponents of these laws, including The Tofurky Company, argue that these laws are unconstitutional and violate applicable federal labeling laws. Several states have enacted similar laws. Arkansas is the third state, along with Missouri and Mississippi, to have a legal challenge brought against their respective state law. 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. * Arkansas Agriculture
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