Arkansas Agriculture | Winter 2021

WINTE R 202 1

Shifting Seasons Tips on Preparing for Spring

Arkansas Agriculture

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ARKANSAS FARM BUREAU • WINTER 2021

FARM BUREAU MATTERS

By Rich Hillman ARFB PRESIDENT

A Farm Divided

T

oday, more than ever, those of us involved in production agriculture need to be united to address the many challenges we face. At the same time, it seems a number of issues are tearing us apart. Not the least of which is the use of dicamba in Arkansas. It has become a proverbial “line in the sand.”

The great farmers across our state have become divided and some very entrenched on the use or the non-use of this pesticide. The science has been and will be debated at length by others. We will continue to urge our authorities to use sound science to make regulatory decisions.

Trying to address the discord over dicamba is an almost impossible job, because serving one side of this issue is to betray the other side. But my grave concern – and the overarching problem – is that farmers are fighting against other farmers. In some ways, defending one side or another so passionately leads to barbs traded, punches being thrown and damage that will take decades to heal. That disturbs me greatly.

Friends and neighbors – fellow farmers who are battling the enormous challenges that all of us face every single day – are now facing off with each other.

Every one of us are trying to make a living growing the food and fiber that this state, nation and world depend on, and the pressure on all of us to produce those commodities has never been so high. These resistant weeds have been overrunning our farms and we all have strained ourselves, our labor and our budgets to try to keep them from overtaking our crops and our farms.

This is added stress that all of us have taken on in the last several years. Fault will find its target sooner or later, but in the interim the world still will continue to need our production. Hopefully, we will be able to move forward in a united front to meet the other challenges we face.

Politically, addressing this issue is difficult, and the easiest thing is to turn a blind eye to it. The people I represent are split on this problem. Those of us in Arkansas Agriculture

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ARKANSAS FARM BUREAU • WINTER 2021

agriculture need every tool in the box. When I speak to groups outside of agriculture, I always state that farmers and ranchers are the truest stewards of the environment.

I still believe in Arkansas’ farmers and ranchers.

We need to hit the pause button on our emotions, our anger and our differences. Social media can be a great communication tool, but it can also be gasoline on the fire. Sometimes social posts can be grenades thrown in a crowd by the faceless and nameless just to get a reaction. We have to recognize that our biggest challenges in many different arenas lie ahead of us.

We are still in a pandemic and hopefully we can soon navigate our way out of it. Trade issues will continue to be a challenge. Financial concerns will always need to be addressed, and as commodity prices increase so will all of our input costs. Environmental and conservation topics will become a larger part of our industry during the next few years. Labor will continue to be a problem.

Not to mention Mother Nature (we pray for favorable weather this year). These are our greatest challenges, not each other.

We have so many good leaders in Arkansas agriculture, across all sectors of agriculture – livestock, row crops, etc. We have many men and women who have been through the battles and have fought for the right to raise crops and livestock in our state. We also have some of the brightest and the best young farmers and ranchers I have ever seen – and they have to be, just to navigate the political, social and financial minefields and make a living in agriculture.

For us to persevere, we have to build our house stronger than ever before. We have to agree to disagree on some issues, but at the end of the day, agree to never harm our foundation. I understand and realize that there will always be critics. I also realize they will criticize me and this plea, but I also believe the leaders – young and old – will be moved in some small way to lead and keep this from tearing us apart. * 1

FE ATURES Farm Bureau Matters Rich Hillman | Page 1

Guest Column John Boozman | Page 3

Things You Shoud Know To Prepare Your Fields For Spring Planting Keith Sutton | Page 6

Veterinarians Offer Springtime Livestock Tips Gregg Patterson | Page 12

Agriculture News & Notes Ken Moore | Page 18

COLUMNS

Policy Update

Jessica Clowser Burkham | Page 26

Ag Law Update

Harrison Pittman | Page 32

COVER DESIGN

by Bryan Pistole n

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WINTER 2021

Edition 60

GuestCOLUMN United States Senator, Arkansas

By John Boozman

www.jboozman.senate.gov

Helping our Farmers, Ranchers and Rural America Succeed

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he Senate Committee on Agriculture, Nutrition, and Forestry has a well-deserved reputation as being among the most bipartisan places on Capitol Hill. It is a place where committee members actually sit down around a table, hash out our differences and create policy that is good for American agriculture.

Since much of Congress’s work is often marred in gridlock, the bipartisan accomplishments of the Senate Ag Committee are often easy to miss.

The result of the collaborative approach which has traditionally defined the committee’s work is perhaps best exemplified by the record amount of “yea” votes cast in the Senate for the 2018 Farm Bill.

The retirement of former Chairman Pat Roberts (R-KS) leaves some big shoes to fill on the Republican side of the dais. As I step into the role of Ranking Member on the committee, I pledge to continue the spirit of cooperation he admirably and consistently modeled. Chairwoman Debbie Stabenow (D-MI) and I are committed to working together to address the many challenges facing our agricultural producers and rural America.

At the top of that list is the impact of the pandemic on the agriculture community. There are many concerns and vulnerabilities that remain to be addressed.

The effect the pandemic had on the supply chain should renew our focus on policies that bolster food production, reduce the barriers producers face and ensure that goods get from farm to shelf in an efficient manner because it’s not if, but when another crisis of this magnitude emerges. It has also revealed the urgent need to expand broadband access across rural America. High-speed internet has allowed Americans to work, seek medical care and keep their Arkansas Agriculture

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ARKANSAS FARM BUREAU • WINTER 2021

kids in school safely throughout the pandemic — as long as they have connectivity, which too many rural Arkansans still lack.

Our agenda outside of pandemic response is just as full. Despite recent rises in commodity prices, agricultural producers are still struggling from the tough economic times they have faced over the last several years. Government payments are making up a large portion of net farm income, and we must pursue policies that change this trend.

We have to keep that in mind as we gear up for the next farm bill, which will be here before we know it. We have written farm bills in good times and in bad times. Now, we are going to write one during unprecedented times.

The best way to increase demand for American agriculture products is to open more markets for our producers and ensure our farmers and ranchers have a fair, level playing field with our competitors. We must work to build new and strengthen our existing export markets and strengthen existing ones, as 95 percent of our consumers live outside of the United States.

Additionally, the Biden administration has made it clear that addressing climate change will be a priority.

Agriculture should be thought of as part of the solution, not the problem. We must prevent overreaching, unworkable, and overly burdensome environmental regulations that unfairly penalize producers.

We have a lot on our plate, but I am excited to take on a leadership role and have a hand in shaping policy for each of these issues.

I am optimistic that we can put Arkansas farmers and ranchers in a position to succeed and help rural America thrive. My colleagues and I are eager to get to work toward accomplishing those goals. * 3

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THINGS YOU TO PREPARE YOUR FIELDS FOR SPRING PLANTING

by Keith Sutton

For Arkansas row crop farmers, spring is one of the busiest seasons, with many unique challenges. This year, for example, extreme amounts of snow and rain near winter’s end have replenished both topsoil and subsoil moisture on farms across Arkansas. However, the amount of moisture received this season is a mixed blessing. It is needed, but it can also create conditions that make it difficult for farmers to complete much-needed field work as they prepare for spring planting. When such delays continue too long, it becomes tempting to work up ground as soon as possible, even before it is ready. And that can cause additional problems that increase the farmer’s aggravation.

“Regardless of the commodity we plant,” says Cotton Extension Agronomist Bill Robertson. “We must be smart to get the most out of our inputs. Fertilizer prices are predicted to increase significantly.”

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Arkansas Agriculture

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ARKANSAS FARM BUREAU • WINTER 2021

SHOULD KNOW It takes many years of experience, or lots of studying, to know ways for reducing field-preparation problems as spring nears. Even with years of experience under their belts, farmers can still benefit from the wisdom of experts like Bill Robertson and Jarrod Hardke, who work with the University of Arkansas Division of Agriculture Cooperative Extension Service. Robertson has served as the agency’s Cotton Extension Agronomist for more than 17 years and Hardke has Bill Robertson been the Rice Extension Agronomist for more than eight years.

We asked them to share a few thoughts on helpful ways to get fields ready for planting time, and here’s what they had to say.

“In Arkansas, we generally count on having a good window of opportunity for field work to prep the ground for planting,” said Robertson. “But some years, we are a little more rushed than others, and 2021 appears to be one of those years where we likely will not get everything done before planting that we would like. However, we will do what we have to do to get seed in the ground in a timely fashion as we are only about a month and a half to two months from having planters running full speed, depending on the crop.” continued on page 8>>

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<<continued from page 7

Robertson noted that planting intentions for 2021 are still up in the air as everyone is following the markets for grain and cotton. “Current and predicted weather patterns are also playing into the equations,” he said. “These decisions will dictate strategies as burndown programs will hopefully be put in motion soon.”

If you are among those who planted a cover crop last fall, Robertson said you “likely did so with the objective of improving soil health and helping with weed control. But a thin or skimpy stand of cover crops will often open the door for weeds in the cover crop. Early termination may be needed to address these weeds to decrease the issues related to setting up a green bridge from the cover to the cash crop.

“Regardless of the commodity we plant,” he continued, “we must be smart to get the most out of our inputs. Fertilizer prices are predicted to increase significantly. We need to watch our costs yet provide and time necessary inputs to protect yield potential.”

Our immediate goal for the 2021 crop should be to start with a good stand of healthy fast-growing

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plants, Robertson added. “This requires the fields to be clean of weeds at planting. Attention to the details such as the “4Rs for fertility” (right rate, right source, right timing and right placement) for all inputs will be critical to improving efficiency and the bottom line.”

Land preparation also is extremely important for successful rice production, Hardke said. “The majority of rice is drilled into flat fields,” he told us.

“It is critical for producers to have time to properly till and level fields prior to planting to ensure uniform planting depth and seed-to-soil contact.

When we are unable to perform proper land preparation, we are often left with subtle high and low areas throughout fields. These areas can create pockets of standing water that can delay emergence and possibly increase issues with seedling diseases.

In contrast, high areas can dry out much faster and lose soil moisture for proper germination. These high areas can also create problems when rice is taken to flood, making it difficult to get adequate soil coverage with the flood, which can create weed management and fertility issues in those areas.”

Arkansas Agriculture

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ARKANSAS FARM BUREAU • WINTER 2021

There are many different tillage tools available to growers, so specific equipment will vary.

“However, when rice is grown following another crop, generally it is required to disk the field, then run a type of field cultivator, then finish with one or two passes of a land plane (float) to smooth the surface,” said Hardke. “When soil conditions are excessively wet or excessively dry, these passes can Jarrod Hardke be less efficient.

“For row crops, including growing rice using furrow irrigation, improper field preparation can create issues with drainage and irrigation flow through the fields during the season. Again, this is typically due to uneven high and low areas within the field.”

For additional information, check out the Cooperative Extension Service website, www.uaex.edu, or visit your county Extension office. *

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Dr. Heidi Ward, Extension livestock veterinarian with the University of Arkansas System Division of Agriculture, says the heavy emphasis on breeding and calving beef cattle in the state means proper nutrition is of the utmost importance.

by Gregg Patterson

VETERINARIANS Offer Springtime Livestock Tips

F

armers raising livestock know what to pay attention to as spring’s warmer weather approaches. The goal is to make sure their livestock are in the best possible condition for breeding, bearing young and putting on weight if sold for meat. With this in mind Arkansas Agriculture tapped University of Arkansas system veterinarian Dr. Heidi Ward and UA veterinary entomologist Dr. Emily McDermott for the latest information and reminders on how livestock producers can prepare to get the most out of their animals as the weather warms.

“Most of that is all about planning, planning and planning. And that’s what I always emphasize,” said Ward, who is an extension livestock veterinarian and serves on a national livestock animal welfare 12

committee. “It’s planning for what you know, and then also planning for what you don’t know. We don’t know if we’re going to have summer drought. We don’t know if we’re going to have flooding. But having an action plan really helps.”

She says when it comes to livestock, Arkansas producers are primarily herd or a cow-calf operations, so there’s a heavy emphasis on breeding and calving beef cattle. She says proper nutrition is of utmost importance.

“A lot of producers have their cows calve in the spring and summer. A proper nutritional plan is essential, so the cows are ready for calving,” Ward said. “You want them to produce the best colostrum (the initial milk a cow produces immediately after calving) to start that calf out with the best immune system to protect them.”

Arkansas Agriculture

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ARKANSAS FARM BUREAU • WINTER 2021

Ward says the immune systems of these calves also needs to be bolstered by vaccines. “We know that summer in Arkansas can get really hot and dry, and we worry about blackleg,” she said. The bacterial disease is usually fatal to cattle and sheep. “We want to make sure the calves have two blackleg injections before we get into the deep heat of summer.”

If breeding is the focus, she says it’s important to get the vaccines for breeding on board. This includes the vaccine for leptospirosis, particularly before the spring flooding season, “because lepto can be spread through water.” She says her “absolutely mandatory” vaccines for all cattle include blackleg, leptospirosis and the respiratory vaccines.

Ward is also an advocate of pasture management.

She says it has to be part of livestock planning and overall animal welfare management. Forage planting and fertilization is all part of that, of course, but Ward is really focused on toxic plant control.

Dr. Heidi Ward “The bane of our existence is perilla mint,” Ward said. She says it’s essential for livestock producers to readily identify it, to actively search for it and kill it at least 30 days before putting animals on pastures.

Perilla mint is very poisonous to cattle, other ruminants and horses. It’s a toxin that effects the respiratory system and often leads to death. continued on page 14>>

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13

<<continued from page 13

“If you know you had a bad perilla mint problem last year, and you know where it is. Go out there and spray it before it comes back,” Ward said. “You may not have caught it last year, but you could catch it this year!”

McDermott is also an advocate of pasture management and developing a plan for livestock and good farm management. Her expertise is in medical and veterinary entomology, the study of insects.

“In terms of pastures, we know a lot about ticks,” McDermott said. “Cleaning up any kind of brush in and around the edges of pastures helps reduce those tick habitats.” She says doing this also helps make sure ticks don’t survive by eliminating those nice, humid, microclimates that they thrive in.

Emily McDermott

Both McDermott and Ward are advocates of pasture management. Ward says pasture management is part of livestock planning and overall animal welfare management and stresses the importance of toxic plant control.

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ARKANSAS FARM BUREAU • WINTER 2021

“Ponds can obviously be a big source of insect production, especially things like biting midges that really like heavily organically polluted water,” she said. “In that case, if there’s exposed edges without a lot of vegetation, that can be a good place for these biting midges to develop.”

McDermott recommends altering the ponds, making them less hospitable to midges either by encouraging plant growth around the edges or by building up those edges, eliminating shallow slopes by creating more of a drop off. The midges won’t be able to develop in those habitats.

McDermott says livestock producers can also better control mosquitos by treating ponds and livestock water troughs with things like Bt toxins. These mosquito dunks are safe and can be good for keeping larvae down in pond habitats where livestock get water.

Insect pest problems begin as the weather starts getting warm.

“Early spring is a really good time to prepare for pest problems and focus on prevention,” McDermott said. “It’s a good time to start thinking about, identifying problem areas on the farm and taking steps to reduce moisture areas and make it so that as it does get warm, there’s less places for insects to start breeding.”

She says to check around places like water troughs. “Look for spillage and places where water accumulates. Check all water lines.

If there are leaks or if there’s not a good connection that’s causing puddles, that can be a problem. Any kind of feed spillage, especially if it’s in a place where it can get wet,” McDermott said. “Walk around and take note of these places. As it starts getting warm, it doesn’t take much water to start producing insects. They’ll find all of those little spots.”

McDermott is also involved in research with the goal of improving on-farm pest management. “We recently got an award from the Southern Integrated Pest Management Center to look at anaplasma in ticks collected off cattle and in cattle environments.” She says anaplasmosis is a disease in cattle caused by bacteria that infects the red blood cells.

“Classically, it’s tick transmitted. An infected tick will feed on a cow and transmit it that way,” she said. “We’ve got some ticks that were collected last summer that we’re going to be testing for the anaplasma pathogen. We’re also going to be out collecting again this summer. The hope is to pin down which species are more or less involved in anaplasma transmission, so we can develop more targeted environmental control suggestions and tools.” *

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New address.

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The Cooperative Extension Service and Arkansas Agricultural Experiment Station, both part of the University of Arkansas System Division of Agriculture, are all moving to new web addresses.

•Division of Agriculture: uada.edu (April 1) •Cooperative Extension Service: uaex.uada.edu (April 1) •Agricultural Experiment Station: aaes.uada.edu (May1)

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Arkansas Agriculture

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ARKANSAS FARM BUREAU • WINTER 2021

AGRICULTURE News & Notes

by Ken Moore

Arkansas ranks second in aquacultureproducing states and leads in production of bait fish.

Aquaculture Testing Lab Relocation The Arkansas Aquaculture Testing Lab currently in Lonoke is in the process of relocating to the Arkansas Department of Agriculture in Little Rock, where it will be led by Russ Summers, Director of Laboratories for the department.

Nilima Rennkdas, who has previous experience at the testing lab in Lonoke, has been hired to serve as Aquaculture Division Director and will work at the new location.

John McMinn, director of Commodity Activities and Economics for Arkansas Farm Bureau, coordinates the aquaculture division for the organization. He says Summers is overseeing upgrades to the lab and aquaculture producers should expect the same results they’ve come to expect at the Lonoke lab, previously operated by the University of Arkansas at Pine Bluff.

“Arkansas producers may rest assured the new testing lab will deliver the accurate and timely testing they require,” McMinn said. “Dr. Summers and his team have worked diligently to bring the lab up to NAHLN (National Animal Health Lab Testing 18

Network) and APHIS (Animal and Plant Health Inspection Service) standards, while also procuring specific equipment and training laboratory staff for their unique roles.”

The approval process for NAHLN testing was initiated late 2020. This will expand the testing capabilities from 8 to 10 diseases. The APHIS approval process began soon after.

In addition to hiring personnel the department is remodeling lab space, is involved with cell culture incubating and has conducted an APHIS lab inspection.

Current programs at the lab include: • An Accredited Quality Management System • Cell Culturing • Necropsy • Polymerase Chain Reaction Analysis • Bacteriology testing • APHIS disease testing • NAHLN Tier 2 Lab McMinn says the next steps for the lab are to conduct proficiency testing and await NAHLN and APHIS approval.

Arkansas Agriculture

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ARKANSAS FARM BUREAU • WINTER 2021

AGTICULTURE News & Notes USDA Forest Management Incentive for CRP Arkansas forest landowners will soon be able to take advantage of a $12 million Conservation Reserve Program (CRP) in exchange for implementing healthy forest management practices, according to a USDA Farm Service Agency news release.

Farm Service Agency Administrator Richard Fordyce said CRP landowners are being offered this opportunity to use forestry best management practices for a “more targeted approach” to improve forest health and wildlife habitat on their land.

“The Forest Management Incentive (FMI) enables landowners to maximize the conservation outcomes on their land, such as supporting wildlife, conserving soil and improving water quality,” Fordyce said.

Currently, less than 10% of land enrolled in CRP is dedicated to forestland.

McMinn coordinates Arkansas Farm Bureau’s forestry division and says this incentive program comes at an optimum time for private landowners.

“Given our current environment with Covid-19, the FMI is a great opportunity for landowners to capitalize on much needed financial relief,” McMinn said. “The $12 million set aside by USDA will support landowners who are utilizing such conservation practices as tree

thinning, prescribed burns, and other practices that benefit the state’s forest health and wildlife habitat.”

According to the FSA, these nearly 2 million acres of CRP forestland, if managed properly, can have tremendous benefits by reducing soil erosion, protecting water quality, increasing water quantity and diversifying local farming operations and economies.

The FSA stipulates that landowners and ag producers with active CRP contracts involving forest cover are eligible to enroll. This does not include active CRP contracts that expire within two years. Existing CRP participants interested in tree thinning and prescribed burning must comply with the standards and specifications established in their contracts.

“CRP participants will receive the incentive payment once they’ve documented they have completed the tree thinning and/or other authorized management practices,” McMinn said.

The release explained the payment is the lower of: • The actual cost of completing the practice, or • 75% of the payment rate offered by the Natural Resource Conservation Service (NRCS) if the practice is offered through NRCS conservation programs.

continued on page 20>>

The $12 million set aside by USDA will support landowners who are utilizing such conservation practices as tree thinning, prescribed burns and other practices that benefit the state’s forest health and wildlife habitat.

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AGTICULTURE News & Notes <<continued from page 19

Online Strawberry School Offered Is it true you can teach an old dog new tricks? Or, in this case, seasoned strawberry growers who’ve been growing the popular berry in Arkansas for years?

While high tunnel technology is extending strawberry growing season in the Natural State and local growers produce acres of the sweet tasting berry each spring, a six-part webinar the University of Arkansas System Division of Agriculture, called the “Strawberry School,” will give novice growers practical tips on how to grow optimum berries throughout the year.

The “Strawberry School,” began Feb. 16 with a session on Dormancy. Other topics and the date of the webinar are: • Bloom (March 18) • Fruiting (April 20) • Pre-plant, part 1 (July 29) • Pre-plant, part 2 (August 12) • Fall Management (TBD) “The course is meant to help new and beginning growers learn the basics of how to succeed in strawberry production in the Southeast, and hopefully avoid some common mistakes,” said Amanda McWhirt, extension horticulture crop specialist for the Division of Agriculture.

“By the end of the course, growers should know the best management practices required to produce quality strawberries in our region,” she said.

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Among other things the school will focus on plasticulture production, which utilizes black plastic mulch to warm the soil and inhibit weed development. McWhirt said this is the most common and successful method of growing strawberries on a commercial scale in the southeast U.S. “Seasoned growers may also benefit by participating,” she said. “We will provide up-to-date recommendations on disease, fertility and crop management as the season progresses.”

Each session is scheduled to stream live at noon, CST, on their respective dates with the exception of April 20 when the webinar will begin at 5 p.m.

John McMinn, who also coordinates ArFB’s specialty crops division, said he is looking forward to participating in the “school.”

“Hearing the insights and perspectives of other strawberry experts from across the South will be very beneficial to attendees,” McMinn said. “As a participant myself, I’m most excited to see the class follow the growing season here in Arkansas.”

Participants will join a Zoom webinar for each session. A Zoom account or subscription is not required and there is no cost to attend. To register, visit http://bit.ly/ StrawberrySchool21. To learn more about the individual courses visit www. uaex.edu/strawberry-school. *

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Arkansas Agriculture

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ARKANSAS FARM BUREAU • WINTER 2021

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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

O

n Jan. 11, the 93rd Session of the Arkansas General Assembly convened.

Due to Covid-19 and the need to continue to practice social distancing, this legislative session looks very different, but our mission remains the same. The Arkansas Farm Bureau (ArFB) team remains focused and committed to advocate for Farm Bureau priorities and policies. Some of these issues are outlined below.

State Meat Inspection DeAnn Vaught (Horatio) filed HB1315, which would establish a State Meat Inspection Program, under the authority of the Arkansas Department of Agriculture. This bill has an unprecedented 66 cosponsors in the House and 18 cosponsors in the Senate. At the time this article was written, HB1315 was approved by the House by a vote of 95-0 and has been referred to the Senate Agriculture Committee.

In terms of funding for the program, ArFB, the governor and our coalition partners are requesting $750,000 from general revenue to be used as start-up funds for the program. This will include: 1 supervisor/program manager, 1 veterinarian, 1 microbiologist/lab technician and 5 inspectors. ArFB understands the budget constraints the state is currently facing. However, according to an analysis conducted by the UALR Bowen School of Law, Business Innovations Legal Clinic on the impact of a state meat inspection program on economic development in Arkansas, there is the potential of $20 million in income tax revenue from a state meat inspection program.

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State Plant Board In December 2019, Pulaski County Circuit Judge Chris Piazza ruled against part of the law that allows agriculture trade groups to name representatives to the State Plant Board. This encompasses a total of nine State Plant Board members. At the December 2020 ArFB Meeting of the State Voting Delegates, policy was adopted to address the ongoing litigation. Specifically, Arkansas Farm Bureau 2021 Policy concerning the State Plant Board 137 notes: 19. We support: 19.1. Membership of the State Plant Board to include more actively engaged farmers. (Adopted 2012) 19.4. The current structure of the Arkansas State Plant Board with associations nominating members and being appointed by the Governor (Adopted 2020) ArFB remains committed in pursing legislation that mirrors our policy while ensuring the purpose of the State Plant Board is upheld and the constitutional challenges are addressed.

Levees 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.

• HB 1248 – Authorizes a single county to consolidate two or more levee districts into

Arkansas Agriculture

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ARKANSAS FARM BUREAU • WINTER 2021

one district. Waives notice requirements that apply to newly formed levee districts.

• HB 1249 – Creates a process for the dissolution or abolition of a levee district by petition.

• HB 1250 - 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.

• HB 1251 - Makes various changes to the annual reports that improvement districts file with county clerks for the preceding fiscal year.

All four bills were approved by the House.

On Feb. 23, the Senate Agriculture Committee voted unanimously in support of all four bills and they were reported favorably out of the committee.

Forestry Current ArFB policy states, “We support the creation of the University of Arkansas at Monticello (UAM) Center for Forest Business and adequate funding for its success.” Rep. Ken Bragg (Sheridan) filed an amendment to SB213, the appropriations bill for UAM, which provides $814,915 for the Center for Forest Business. This bill passed the Senate 35-0 to the House by a vote of 94-0 and has been sent to the Governor.

Additionally, Rep. Bragg and Sen. Ben Gilmore (Crossett) filed HB1389, which creates the Arkansas Foresters for the Future Scholarship Program, administered by the Arkansas Department of Agriculture’s Forestry Division. The scholarship program

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ARKANSAS FARM BUREAU • WINTER 2021

is designed to attract more students to pursue a career as a forester in Arkansas. On Feb. 25, HB1389 was reported favorably out of the House Education Committee.

New Laws Act 92 – Championed by Representative Marcus Richmond (Harvey), 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.

Act 4 – Appropriates funds to the Catfish Promotion Board for 2021-2022 operations.

Act 5 – Appropriates funds to the Arkansas Beef Council for 2021-2022 operations.

Act 11 – Appropriates funds to the Arkansas Wheat Promotion Board for 2021-2022 operations.

Act 12 – Appropriates funds to the Arkansas Soybean Promotion Board for 2021-2022 operations.

Act 13 – Appropriates funds to the Arkansas Corn and Grain Sorghum Board for 20212022 operations.

Act 130 – Championed by Rep. DeAnn Vaught (Horatio), it authorizes a restricted veterinarian license for veterinary medicine graduates who have not passed the licensing examination. The law requires the Veterinary Medical Examining Board to establish rules for the use of telehealth and telemedicine Act 131 – Championed by Rep. DeAnn Vaught and Sen. Greg Leding (Fayetteville), it recognizes artificial insemination of livestock and animals as a routine animal husbandry practice. *

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Discounts can be used for mowers, utility vehicles, skidsteers, mini excavators, and 5000 series tractors and below.

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Arkansas Agriculture

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ARKANSAS FARM BUREAU • WINTER 2021

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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.

T

by Harrison Pittman

he new year is officially off and running, with a new legislative session, new presidential administration and a new Congress, and that means we’re getting a pretty good idea of the emerging legal landscape for agriculture. Here are a few of the key things to watch: Political landscape On Jan. 20, former Vice President Joe Biden was sworn in as the 45th President of the United States.

President Biden nominated former USDA Secretary Tom Vilsack, who served during the Obama-Biden Administration, to again serve in that role. On the Congressional side of the fence, we now know the composition of both the U.S. House and Senate Agriculture Committees. The Senate Ag Committee will be chaired by Democratic Sen. Debbie Stabenow (Mich.) and Ranking Member Sen. John Boozman, Arkansas’s senior senator. The committee will be evenly split between 11 Democrats and 11 Republicans, with five new members joining the committee. New members on the Democratic side are Sen. Cory Booker (N.J.), Ben Ray Lujan (N.M.), and Raphael Warnock (D-Ga.). New members on the Republican side of the committee are Sens.

Tommy Tuberville (Ala.) and Roger Marshall (Kans.). The House Ag Committee will be chaired by Rep. David Scott (Ga.) and the Ranking Member is Rep. Glenn Thompson (Pa.).

New Federal Stimulus & The Dealer Trust The Consolidated Appropriations Act (CAA) was enacted in late December 2020, the first major federal economic stimulus legislation enacted since the Coronavirus Aid, Relief, and Economic Security (CARES) Act was enacted in March 2020. The 32

CAA comes with a total price tag of $2.3 trillion, with about $13 billion allocated for the agricultural sector for stimulus relief. The bulk of the agriculture funds provides financial assistance to producers through various programs administered by USDA. In addition to direct financial assistance, the CAA established a new statutory trust, the “dealer trust,” under the Packers and Stockyards Act of 1921 for the benefit of unpaid sellers of livestock. The dealer trust functions very similarly to the decades’ old packer trust and is a new tool to help ensure cattle producers receive payment in the event a dealer defaults on payment.

Arkansas State Meat Inspection Program A proposal in the Arkansas Legislature, HB 1315 would expand state-inspection of meat for instar-state sales of meat products. Under federal law, the USDA Food Safety Inspection Service (FSIS) is responsible for inspecting the processing of livestock such as cattle, sheep, swine, and goats as well as poultry such as chickens and turkeys. That authority can be delegated to eligible states that Arkansas Agriculture

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ARKANSAS FARM BUREAU • WINTER 2021

implement standards “at least equal to” the USDA FSIS standards. HB1315 seeks to create a statelevel meat inspection program in Arkansas. For a comprehensive discussion of federal and states’ laws in this area, the National Agricultural Law Center online publication “Meat Processing Laws in the United States: A State Compilation” is an excellent resource. HB1315 overwhelmingly passed the Arkansas House on Feb. 4 and is now under consideration in the Senate.

Update on Hemp In January, the USDA Agricultural Marketing Service issued its final rule for hemp production, which was the follow up the interim final rule that governed the 2020 growing season.

Notably, the final rule did not change the .3% THC level as the total THC limit. This is an area that will likely be revisited by Congress in the months ahead. The final rule did, however, raise the so-called “negligent threshold” from .5% to 1%. Under the previous standard, many concerns were expressed that any hemp crop that tested above the .5% threshold would potentially be subject to being destroyed. Additionally, the final rule expanded the window for harvesting of a hemp crop from fifteen days after sampling to thirty days. Another important change is that new disposal methods were identified that no longer required involvement of the Drug Enforcement Administration or law enforcement. For a Arkansas Agriculture

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comprehensive review of the hemp final rule, the National Agricultural Law Center online publication “Industrial Hemp Regulations Finalized” is an excellent resource, as well as the Center’s “Industrial Hemp” Reading Room also available on the center’s website, nationalaglawcenter.com. *

What builds cattle-handling practices that help producers earn a premium of $16.80 per head sold?

ARKANSAS FARM BUREAU • WINTER 2021

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RG2 OReilly Ad Arkansas Agriculture_Layout 1 12

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If you purchased O’Reilly 303 Tractor Hydraulic Fluid, you may benefit from a proposed class-action settlement.

A settlement has been reached in a class-action lawsuit asserting claims based on the purchase and use of O’Reilly 303 Tractor Hydraulic Fluid.

You may be a member of the settlement class if you purchased O’Reilly 303 Tractor Hydraulic Fluid in the United States, other than in Missouri, during the class period for the state of purchase.

If the settlement is approved, the award for each member of the settlement class is estimated to be between 30 and 41 percent of the purchase price paid for O’Reilly 303 Tractor Hydraulic Fluid during the class period for the state of purchase. You may need to submit a claim to receive an award.

The Court will decide whether to approve the settlement at a hearing on May 27, 2021, at 2:00 p.m. at the United States District Court for the Western District of Missouri, 400 E. 9th Street, Kansas City, Missouri, 64106. This date is subject to change.

If you are a member of the settlement class, you will be bound by the settlement unless you request to be excluded by May 3, 2021 (or later if you object). You may enter an appearance in this action through an attorney if desired.

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