VOLUME 8 • ISSUE 4 • WINTER 2019
Wisconsin Agri-Business Association Board of Directors & Staff President
Guy Mathias - Heartland AG Systems, Inc., DeForest
Thomas Hoﬀman - United Coopera ve, Beaver Dam
Wisconsin Agri-Business Association 2801 International Lane Suite 105 Madison, WI 53704 Phone: 608-223-1111 Fax: 608-223-1147 email@example.com www.wiagribusiness.org
Mike Christenson - Countryside Coopera ve, Durand
Rob Evans, Rosen’s Inc., Mondovi
The mission of the Wisconsin Agri-Business Association is to represent, provide programs and services, educate, train, manage regulatory and legislative affairs, and to be a strong unifying voice for the agribusiness industries of Wisconsin
Bruce Ceranske, Legacy Seeds, Inc., Scandinavia Sco Firlus - United Coopera ve, Hillsboro Garry Gard, Didion, Inc., Cambria Tony Grapsas, Jay-Mar Inc., Plover Howard Hartmann, Hartmann Farms LLC, Lodi Erik Huschi - Badger State Ethanol, Monroe Joey Kennicker - Greg’s Feed & Seed, Inc., South Wayne
Shawn Conley - UW Dept. of Agronomy, Madison David Crass - Michael Best & Friedrich LLP, Madison Ma Ruark - UW Dept. of Soil Science, Madison
Tom Bressner - Execu ve Director Jim Nolte - Safety Director Denise Poindexter - Director of Member Services Sara Schoenborn - Director of Marke ng and Public Rela ons Joan Viney - Director of Member Communica ons
Page Agra Liners, LLC.............................. 33 Allied Cooperative ........................... 23 CHS ................................................... 1 Contree Sprayer and Equipment .... 37 Davis Equipment Co. ....................... 29 Fertilizer Dealer Supply ..................... 7 Heartland AG Systems, Inc. ......... bcvr SCS Engineers ................................ 39 True North Consulting ..................... 10
www.agraliners.com www.allied.coop www.chsinc.com www.contree.com www.davisequip.com www.fertilizaerdealer.com www.agsystemsonline.com www.scsengineers.com www.consulttruenorth.com
From the Corner Oﬃce
WABA Agribusiness Tour
Introducing: WABA’s *NEW* Execu ve Leadership Academy
Stand Up for Grain Safety Week 2020 Announced
WABA Safety Day 2020
Post and Submit Your OSHA 300A Summary Form for 2019
2019 Crop Quality - Expect Variability
CBD Use in Wisconsin
Inves ng in the Future of Agriculture
Short Growing Season, Late Harvest and Wet Grain Likely to Cause Storage and Safety Concerns for 2020
The Big Transi on: Ge ng the Next Genera on Involved in Farm Management
Strategies for showing up and making a diﬀerence for your customers
OSHA Issues Emergency Use Ladder and Stair Rail Interpreta on Le ers
Wisconsin Pest Bulle n
Will Leaving Corn in the Field to Dry Un l Late Spring be a Viable Op on?
Wisconsin Crop Progress and Condi on
2020 Wisconsin Agribusiness Classic It’s the Place to Be
Take the Oﬀensive: Self-Policing Environmental Audit Programs Help Limit Your Liability
What’s New in the FSMA World
Calendar of Events
Wisconsin Agri-Business News Quarterly
Tom Bressner, WABA Execu ve Director
From the Corner Office
Program. This two day course completely prepares you for your FAA Unmanned Pilot License Test. This is something you need to pass if you use drones for commercial purposes. (To be oﬀered again at Fox Valley Technical College on February 4-5, 2020.)
Gree ngs once again from WABA! As we close out the calendar for another year, I am sure we are all glad to put the challenges of 2019 behind us. The agricultural economy, a poor growing season, a far from ideal harvest, and lots of other factors have made this year one we would love to forget. Thank goodness for being able to move forward. For those of you in the agronomy business, enjoy the holidays and prepare for a hopefully big year in 2020. For those in the feed business, enjoy the holidays as much as you can even though the cows s ll keep ea ng and me away from work is o en hard to find. For those of you in the grain business dealing with the harvest that seems like it will never end, hope that the weather will cooperate and allow for you to get the rest of the crops in soon. For all the rest of you, we hope your holidays are peaceful and enjoyable as well. The year 2019 has been another good one for the Wisconsin Agri-Business Associa on. Looking back, we have covered a lot of ground and enjoyed a lot of successes. Here are just a few of our accomplishments for 2019: •
Our Agribusiness Connec ons Program at the Classic con nues to grow in companies par cipating and students a ending. This is becoming an outstanding event for recrui ng future employees to your companies.
As a “divided government” became part of the poli cal scene in Wisconsin, we were able to con nue a great working rela onship with the Legislature, while developing some outstanding contacts within Governor Evers Administra on as well.
As a new oﬀering to our membership, through a partnership with Fox Valley Technical College, we created the WABA Unmanned Aircra Training
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Also as a new oﬀering to our membership, through our partnership with Agres Consul ng, we created the Preven ve Controls for Animal Feed Course. This course helps you meet FSMA regula ons by cer fying your PCQI individual for your company. (To be oﬀered again in 2020. Date to be determined.)
WABA worked for our members in addressing and fixing WisDOT CDL Restric ons on the H-2A Temporary Ag Worker Immigra on Program for Agribusinesses.
WABA worked with the Department of Revenue to address and fix member issues with the DOR Form S-211 Producer Sales and Use Tax Exempon Cer ficates.
WABA held another very successful Legisla ve Agribusiness Tour for the 6th consecu ve year. (Thank you ProVision Partners for hos ng our event.)
WABA once again presented $20,000 in College Scholarships to agriculture students, soon to enter the agricultural workforce.
WABA again hosted a successful series of golf ou ngs, a trap shoot, and a silent auc on to raise money for the WABA Scholarship Program
WABA recently created our “NEW” WABA Execuve Leadership Academy. As an advanced follow up program to our already successful WABA Leadership Development Academy, this new program will debut on February 19-20, 2020.
Don’t forget the 2020 Wisconsin Agribusiness Classic coming up on January 14-16, 2020 at the Alliant Energy Center in Madison. A lot of work has been done
to make this one of the best shows ever. Also please note that the Annual WABA Membership Mee ng will be held during the conference. It will be held at 4:15 on Tuesday, January 14th. Put it on your calendar and plan to a end. We also con nue working on membership renewals for the year. With over seven months remaining in our membership year, we have already reached 93% of our membership goal for the fiscal year. If you have already renewed your WABA membership, or if you are one of our many new members, thank you so much for allowing us to serve you. If you have not yet renewed, we hope that you will do so soon.
same way (yes, you have seen this before) with one of the most powerful quotes of all me. Might we never forget the quote made by an angel to a group of Shepherds many years ago. And the angel said to them, “Do not be afraid. I bring you good news of great joy that will be for all the people. For born to you this day in the City of David is a Savior, and he is Christ the Lord.” Luke 1: 10-11 From your en re WABA Staﬀ - Denise, Joan, Sara, Jim and Tom, Merry Christmas and Happy New Year!
In closing, we want to wish each and every one of you a Merry Christmas and a Happy New Year. This me of year, I always close out my wri ngs in the
Wisconsin Agri-Business News Quarterly
WABA Agribusiness Tour
Thank you to ProVision Partners Coopera ve for hos ng a WABA Agribusiness Tour at their Auburndale loca on! This was our 10th Agribusiness Tour since the program started in 2014. Rob Larson, ProVision Partners Coopera veâ€™s General Manager, spoke a great deal about the value of partnerships and we could not agree more! The day was a great reminder of the many incredible rela onships we have with our members and elected oďŹƒcials at every level.
With Bob Meyer, Amy Sue Vruwink, Representa ve Patrick Snyder, State Representa ve James Edming and Wisconsin Department of Transporta on.
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Sara Schoenborn, WABA Director of Marke ng and Public Rela ons
Introducing: WABA’s *NEW* Executive Leadership Academy
Mark your calendars for February 19 & 20, 2020!
Two years ago, WABA introduced the Leadership Development Academy as a way for our members to grow their future leaders in order to replace exis ng leaders who will soon be re ring. In that me, we have held three very successful sessions of the program, with numerous requests for another program that “takes it to the next level”.
The inaugural academy will take place February 19-20, 2020 in Madison. Watch your inboxes for more detailed informa on and an invita on to register in the coming weeks.
In response to this feedback, we are oﬃcially launching our Execu ve Leadership Academy in 2020! Designed for those looking for advanced leadership training, the program will include: • • • • • • •
Strategic Leadership (Presence, Influence, Ethics & Integrity) Strategic Thinking Strategic Planning Strategic Communica ons Organiza on Culture, Structure & Processes Business Planning & Resource Alloca on Implemen ng Strategic Ini a ves
Once again, we will be working with Madison College to facilitate the program, which will be led by Tim Glaeser. Glaeser is a graduate of West Point and the United States Naval Postgraduate School. Upon gradua on, he rose to the rank of Commander, 11th Air Defense Ar llery Brigade. Following his re rement from the military, Glaeser joined the Raytheon Company and later served as Director of Business Development and Strategy for Patriot Programs and Vice President of Integrated Air and Missile Defense (IAMD). Tim re red from Raytheon as Vice President and Business Development Execu ve. Wisconsin Agri-Business News Quarterly
Your Authorized Wacker Neuson Dealer
MILTON, WISCONSIN 6918 E. High Street Milton, WI 53563 Phone: 1-608-868-7300 Toll Free: 1-800-462-6670
By Jim Nolte, WABA Safety Director
Stand Up for Grain Safety Week 2020 Announced Planning is an important part of any Stand Up event. The following is a suggested meline you can follow to plan, coordinate and conduct Stand Up events at your facility. Depending on the ac vi es being planned these recommenda ons may need to be adjusted.
The Na onal Grain and Feed Associa on (NGFA) and the Occupa onal Safety and Health Administra on (OSHA) will host the annual safety outreach eﬀort, Stand Up for Grain Safety Week, the week of April 13-17, 2020. WABA fully supports Stand Up for Grain Safety Week and encourages all grain and feed members to save these dates on your calendar and plan on par cipa ng in a Stand Up event. The event helps raise awareness about grain handling and storage hazards, provides educa on and training, and conveys best safety prac ces. It’s made possible through the NGFA-OSHA Alliance, which facilitates coopera on and communica on between the regulatory agency and the grain, feed, processing and export industry. The Grain Elevator and Processing Society and Grain Handling Safety Coali on are partnering with NGFA and OSHA in the na onal outreach eﬀort. During Stand Up for Grain Safety Week, companies can par cipate by providing a focused ac vity and/ or toolbox talk on any preven on measure. There is no be er way to show commitment to worker safety than by stopping work en rely to discuss how to prevent workplace accidents. Stand Up events are en rely voluntary, adaptable, and can be specific to each workplace. A safety Stand Up can last from 15 minutes to an en re day. Stand Up events are an opportunity for employers to have a conversa on with workers about a variety of issues such as out of condi on grain, grain bin entry hazards and procedures, lockout procedures, machine guarding and company safety policies, goals and expecta ons just to name a few. If you have never planned or conducted a Stand Up event there is a short video available that provides some very helpful ideas and sugges ons for conducting a Stand Up. Although the video was made during last years’ Stand Up for Grain Safety Week the content is s ll per nent. Go to h ps://www.youtube. com/watch?v=iS-CMVGBPgg&feature=emb_logo to view the video.
8 WINTER 2019
1 to 2 Months Out • Determine topics/hazards to address. • Determine what kind of events/ac vi es to hold and how many people will par cipate. • Set the date and me. Try to find a me when most of your employees can a end or schedule mul ple mes. • Select a loca on that is suitable for your event. • Iden fy resources needed (e.g., audiovisual equipment, chairs, handouts, publica ons and any other material). • Get event on calendar. Three Weeks Out • Organize speaker presenta ons and/or demonstra ons (e.g., grain dust explosion, engulfment, sweep augers, lockout/tagout, guarding, falls, ladder safety devices, harness, ladder use, etc.). • Prepare a preliminary event agenda. • Customize your event invita on. Be sure to include all relevant informa on (e.g., dates, mes, loca ons, logos, etc). • Create an a endee invita on list. Review to ensure all contact informa on/email addresses/key personnel are current. • Email invita ons to your event (Outlook or other calendar request if possible). One Week Out • Confirm speaker(s), presenta ons or demonstraons. Designate a photographer for event. • Prepare a post-event survey to gather feedback about the event. The Day Before the Event • Send out a reminder email to your a endee invite list. • Print out any training materials you may be using.
The Day of the Event • Set up the space at least two hours before the event. • Check audio-visual equipment one hour before. • Take pictures of your event and share them internally, on your website or on social media. • Don’t forget to distribute the event survey and collect results. Event Follow-Up • Analyze the event survey results. • Discuss what you learned and what your company can improve upon. A wealth of material is available online from excellent sources to help you in planning and conduc ng your Stand Up event. They are listed below. • • • • • •
Grain Handling Safety Coali on: www.grainsafety.org Purdue University: www.agconfinedspaces.org Oklahoma State University: h p://sprec.okstate.edu/safety University of Wisconsin Extension: h p://fyi.uwex.edu/agsafety/confined-spaces/ grain-storage-and-handling/ Occupa onal Safety and Health Administra on, h ps://www.osha.gov/SLTC/grainhandling/index. html Na onal Grain and Feed Associa on: h ps://www.ngfa.org
SAVE THE DATE!! WABA SAFETY DAY 2020 WABA will be holding its annual Safety Day event at the Wilderness Territory Conference Center on Thursday July 16th in the Dells. Be sure to mark this date on your calendar!! The WABA Safety Commi ee is currently working on plans to provide members with another high quality program full of the latest informa on you need to keep your employees and organiza on safe and compliant. If you have any topics you would like to see covered during Safety Day contact WABA Safety Director Jim Nolte and these will be shared with the Safety Commi ee. Once the program has been finalized WABA will send out member no fica ons. You can also check the WABA website for Safety Day informa on by going to www.wiagribusiness.org. If you didn’t have an opportunity to a end in 2019 please consider a ending Safety Day 2020. We look forward to seeing all of you!!
OSHA also has a webpage devoted to Stand Up for Grain Safety Week that can be accessed by going to h p://www.standupevents.org/grain/index.cfm. As Grain Safety Week approaches OSHA will be providing more informa on on the website such as webinars, safety videos and other presenta ons that will be oﬀered during the week. WABA will also be sending out communica on to members as Grain Safety Week approaches as well as providing materials throughout the week that can be used to conduct Stand Up events. If you have any ques ons about Stand Up for Grain Safety Week or need assistance with planning your Stand Up event you can contact WABA Safety Director Jim Nolte.
Wisconsin Agri-Business News Quarterly
By Jim Nolte, WABA Safety Director
Post and Submit Your OSHA 300A Summary Form for 2019
It is me to prepare post and submit your “Summary of Work Related Injuries and Illnesses” form, also known as the OSHA 300A Summary Form, to OSHA. OSHA requires employers to prominently post copies of the OSHA 300A Form (not the OSHA 300 Log) in areas frequented by employees such as me clocks, break/lunch rooms and company bulle n boards. This is the first thing OSHA looks for when they conduct an inspec on. The 300A forms must be posted from February 1 through April 30 each calendar year. If you have more than 10 employees total in your company (both full and part me), you are required to complete 3 separate forms. They are the OSHA 300 Injury Log, the OSHA 300A Summary and the OSHA 301 Form. Please note that seasonal employees count in your total number of employees. For example, if your company normally has 8 full and/or part me employees and you hire 4 seasonal employees for harvest – in OSHA’s eyes you had 12 employees for that calendar year even if they may only work one day. If you have 10 or fewer employees, you do not have to complete any of these forms. If you have more than 10 employees total in your company but they are split between 2 separate loca ons, you are required to complete separate forms for each facility loca on. You cannot combine both loca ons onto one set of forms. For example if you have 11 total company employees and 6 work at Loca on A and 5 work at Loca on B, you must complete separate 300 logs, 300A Summary and 301 Forms for each loca on. Luckily, comple ng the State of Wisconsin Employer’s First Report of Injury form, which you are required to submit to your workers’ comp carrier, can be used in place of the OSHA 301 Form. Just make sure you keep a copy for your records in case OSHA asks to see them. OSHA requires employers to keep five completed calendar years’ worth of these forms on file and will ask to see them during inspec ons. Wisconsin Agri-Business News Quarterly
In addi on to pos ng the 300A Summary Form companies are also required to electronically submit the 300A Summary Form to OSHA no later than March 2nd. To electronically submit your 300A Summary informa on to OSHA follow this link h ps://www. osha.gov/injuryrepor ng/ita The link will take you to OSHA’s website where you will be asked to create an account, enter each facility loca on and the injury and illness informa on for each, and then click the submit bu on to send it to OSHA. However, not everybody is required to electronically submit the 300A Summary Form. You are required to electronically submit the 300A Summary Form for each loca on only if there are 20 or more employees in the en re company for any calendar year. If for example you have 20 employees with15 at Loca on A and 5 at Loca on B you must electronically submit the 300A Summary to OSHA for both Facili es A and B before March 2nd and make sure they are posted in the workplace no later than February 1st. If there are 19 total employees in your company with14 at Loca on A and 5 at Loca on B you do not have to electronically submit the 300A Summary Form to OSHA. You do however need to make sure the 300A Summary Forms are posted at both Loca on A and B. Remember • If you had 10 or fewer employees in the en re company (both full and part me) throughout the en re calendar year, you do not have to maintain or submit the OSHA 300 Log, 300A Summary or 301 Forms to OSHA. •
If you had more than 10 employees in the en re company but less than 20, you need to maintain an OSHA 300 Log, 300A Summary and 301 Form for each loca on and post the 300A Summary Form at each loca on from February 1 to April 30 each year. You are not required to electronically submit the 300A Summary Form to OSHA.
If you had more than 20 employees in the en re company you need to maintain an OSHA 300 Log, 300A Summary and 301 Form for each loca on, post the 300A Summary Form at each loca on from February 1 to April 30 each year and you are required to electronically submit the 300A Summary Form for each loca on to OSHA no later than March 2nd. WINTER 2019
Each facility loca on in the company must have a separate OSHA 300 Log and 300A Summary Form.
You must fill in the average number of employees on the 300A based on the number who work at each facility loca on, not the total number of employees in the company.
You must calculate the total hours worked by employees the same way you determined the number of employees, by each facility loca on, not total hours worked for the en re company.
Sign and date the 300A Summary Form. It must be signed by the highest ranking management oﬃcial at each facility loca on, not the person who completed the form.
Even if there were no injuries for the year, you must place “zeros” on all blank lines on both the 300 Log and 300A Summary. Workers Compensa on “First Report of Injury” Form can be used in place of the OSHA 301 Form.
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OSHA has now transi oned over to the NAICS Codes instead of the SIC Codes so use the NAICS codes instead. They are:
NAICS Code 424510 311119 115112 325314 484220 424910
Business Opera on Grain Elevator Merchant Wholesaler Animal Feed Mills (except dog and cat) Fer lizer Applica on for Crops Fer lizers, mixed, made in plants not manufacturing fer lizer material Agricultural Products Trucking and Grain Hauling, Local Farm Supplies Merchant Wholesalers
Contact WABA Safety Director Jim Nolte if you have any ques ons.
2019 Crop Quality - Expect Variability By Linsey Moﬃt-Tobin, Quality Coordinator, Eastern Iowa Grain Inspec on As I am sure you are aware, concerns have been raised regarding this year’s unpredictable harvest and grain quality. Eastern Iowa Grain Inspec on (EIGIS) is licensed under the USDA’s Federal Grain Inspecon Service to provide farmers, handlers, processors, exporters, and interna onal buyers with services that accurately and consistently describe the quality and quan ty of the commodi es being bought and sold. This has been an incredibly unique year with such diverse growing condi ons. When did producers get the crop into the field? At what stage was the plant in when we had extreme rainfall to severe drought like condi ons? At what point was it harvested or is it s ll out there? Our region saw both periods of stress and favorable growing condi ons. Early season plan ng to very late. This creates a wide range of maturity; test weight being a good indicator of maturity. Lower test weights, and frost damaged corn, results in more breakage and less storage life. With this decrease in storage capabili es, we will con nue to see quality issues. When you have more broken corn and foreign material, it is more suscep ble to molds which can lead to an increase in damages and mycotoxins if the pathogens are present. If the kernels do not have that protec ve seed coat, the starch is exposed to diseases, insects, and molds. High moisture, even pockets of high moisture corn, can lead to spoilage as well. Any of these create marke ng issues for producers and handlers. Central to these challenges is accurately measuring the crop quality. You need to be alert, proac ve, and clearly understand the quality of the grain so it can be used for its best purpose.
can invade the food supply at any me during produc on, processing, transport, or in storage. The severity of mycotoxin poisoning varies from cancer, feed refusal, vomi ng, weight loss, liver and kidney damage, nervous system failure, infer lity, to death. Growth of these toxins is o en associated with the climate condi ons (specific molds grow be er in certain condi ons), stress, moisture content, and the plants defense mechanisms. There are several factors that influence symptoms such as: type of toxin consumed, intake levels and dura on of exposure, animal species, age, sex, and immune status. There are three major genera of fungi that produce mycotoxins: Aspergilius, Fusarium and Penicilium. Those mycotoxins of most concern, based on their toxicity and occurrence are Aflatoxin, Deoxynivalenol (DON or Vomitoxin), Fumonisin, and Zearalenone. These toxins are also heat stable. Aflatoxins are produced by both Aspergillus flavus and Aspergillus parasi cus and o en cause liver damage and cancer, reduced feed consump on and overall retarded growth and development, decreased milk produc on and immune suppression. If dairy ca le are fed aflatoxin-contaminated grain, the toxin will be transmi ed into the milk. Aspergillus flavus is most o en found when certain grains are grown under stressful condi ons such as drought. The mold occurs in soil, decaying vegeta on, hay, and grains undergoing microbiological deteriora on and invades all types of organic substrates whenever and wherever the condi ons are favorable for its growth. Favorable condi ons include high moisture content and high temperature. These spores are carried by wind, insects, or in storage. Because of the carcinogenic proper es of Aflatoxin, the FDA has established the following ac on levels:
Below, EIGIS will provide informa on on mycotoxins to help you understand and manage these commodies for the overall benefit of producers, livestock, and consumers in agriculture. EIGIS provides mycotoxin tes ng as well as grading factor analysis’ (test weight, moisture, damage, broken corn and foreign material, etc.). Both buyers and sellers of grain trust the accuracy of the oﬃcial system.
The term Mycotoxin literally means poison from a fungus. Mycotoxins are highly toxic secondary metabolic products of molds, which impair animal health thereby causing great economic losses of livestock. Mycotoxins can be found in every variety of grain and forage produced for food or feed. They Wisconsin Agri-Business News Quarterly
DON also referred to as Vomitoxin, is a naturally occurring mycotoxin produced by several species of Fusarium mold. This mold grows best in cool wet condi ons from flowering me on. DON causes vomi ng, diarrhea, reduced weight gain, hemorrhaging throughout the diges ve tract, infer lity, and immune suppression. DON is found in all major commodity grain crops in the United States. The two cereal grains most o en contaminated with DON are corn and wheat.
Fumonisin, a mycotoxin o en associated with horse deaths, is also produced by Fusarium mold. This toxin is linked to dry hot weather condi ons. It is known that in most animals, fumonisin impairs immune func on, causes liver and kidney damage, decreases weight gain, and increases mortality rate. Fumonisin also causes leukoencephalomalacia (disease of the central nervous system) in horses and respiratory diďŹƒcul es in swine. In some animals fumonisin can also cause tumors.
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Zearalenone is the primary toxin causing infer lity, abor on, and other breeding problems. Swine are the most sensi ve to zearalenone, but also dairy ca le. Zearalenone is also produced by Fusarium (cool wet fall condi ons favored). Zearalenone produc on does not seem to occur in significant amounts prior to harvest, but under proper environmental condi ons, it is readily produced on corn and small grains in storage.
Even with the best quality control systems and technology in the world, producers, buyers, and sellers o en find themselves owning mycotoxin-contaminated grain or feed. Be er control of mycotoxins will posi on producers and buyers for greater compe veness and profitability. Also, control of mycotoxins in animal diets would reduce the likelihood that mycotoxin residues would appear in animal products des ned for human consump on. Proper sampling and tes ng is essen al in today’s market.
How do I take a representa ve sample to be tested?
Since mycotoxins can be sporadic, it is so important you take a representa ve sample. This can be done by taking several cuts from a free flow of grain with a coﬀee can or a bucket. You can take a sample when transferring from combine to truck or take several sub-samples from the field. To maintain the integrity of the sample (and since moisture is such a key factor) we suggest you put your samples in nylon, clearly labeled. EIGIS also has licensed samplers and inspectors who can take an oﬃcial sample of your lot (railcar, truck, bin, barge, container, etc.) to test for grading factors and mycotoxins and cer fy the results on an oﬃcial USDA cer ficate which is prima facie in court.
Where can I send my sample to be tested?
To ensure accurate, mely results, approved by USDA’s FGIS tes ng procedures send your sample to:
Davenport - Headquarters 1908 S. Stark Street Davenport, IA 52802 Oﬃce: (563) 322-7149 Fax: (563) 322-7140 Loca on Manager: William Baxter x203 Email: firstname.lastname@example.org Hours: 7:30 am - 4:00 pm
1141 Lincoln Highway Rochelle, IL 61068 Oﬃce: (815) 562-5765 Loca on Manager: Jason Snapp Email: email@example.com Hours: 7:00 am - 3:00 pm
Or any of our other oﬃces located in:
12896 37th Avenue, Suite B Chippewa Falls, WI 54729 Oﬃce: (715)861-5593 Loca on Manager: Ma Viner Hours: Hours Vary
215 Corporate Drive Ste F-B Beaver Dam, WI 53916 Oﬃce: (563) 396-3030 Loca on Manager: Donald Velder Email: firstname.lastname@example.org Hours: Hours Vary
State Hwy 164 & 1350E Oquawka, IL 61437 Oﬃce & Fax: (309) 867-3567 Loca on Manager: Daryl Forbes Email: email@example.com Hours: 7:00 am - 3:00 pm
2501 Rhomberg Dubuque, IA 52001 Oﬃce & Fax: (563) 556-8700 Loca on Manager: Carl Plumley Assistant Manager: Mickey Johnson Email: firstname.lastname@example.org Hours: 7:00 am - 3:00 pm Wisconsin Agri-Business News Quarterly
1205 N. Blackhawk Blvd. Rockton, IL 61072 Oﬃce: (815) 624-4149 Fax: (815) 624-8917 Loca on Manager: Karla Bruschi Email: email@example.com Hours: 7:00 am - 3:00 pm
CBD Use in Wisconsin (Guidance document only – see disclaimer) Legalization The 2014 Farm Bill authorized universities and state departments of agriculture to establish hemp research pilot programs giving farmers the ability to legally grow, cultivate and market hemp and hemp byproducts (including extracts) for applied research under certain regulatory conditions. This was the basis for Wisconsin passing 2017 Act 100 into law that authorized the Department of Agriculture, Trade and Consumer Protection (DATCP) to establish Wisconsin’s hemp pilot program. The 2018 Farm Bill that was signed into law in December of 2018 made a number of dramatic changes to how hemp is regulated at the federal and state level. It is premised around these five main principles: x Completely removes hemp from the definition of marijuana, and removes hemp and all its derivatives, including CBD, from the federal Controlled Substances Act. x Once USDA guidelines are in place, allows states to set up their own legal structure to regulate hemp pursuant to those guidelines. Until that time, Act 100 pilot program provisions remain in place. x Allows researchers to apply for USDA grants to study hemp and its applications. x Makes hemp eligible for federal crop insurance. x Allows for the interstate commerce of hemp and hemp byproducts and specifically provides that tribes and states cannot interfere with its transportation through their territories. The hemp crop of 2018 was the first grown in Wisconsin since 1957. The 1970 Controlled Substances Act was the death knell for hemp as it placed hemp within the definition of marijuana, and thus was completely prohibited. The hemp provisions in the 2014 Farm Bill led to hemp’s resurgence but under that law hemp is still governed by a complicated regulatory system and legal opinions about the scope of what activities are allowed can differ widely. The 2018 Farm Bill was passed with the intent of offering more legal certainty for growers, processors and retailers. What is it? Cannabidiol (ka-nə-bə-ˈdī-ˌȯl) or CBD is a unique, naturally occurring, non-intoxicating chemical compound found in the resinous flower of the plant Cannabis Sativa L. It is one of over a hundred cannabinoids found in the plant and is closely related to another unique compound, tetrahydrocannibinol or THC, the compound that causes a “high” and makes cannabis infamous. Many people believe, and some studies suggest, that CBD, along with other cannabinoids and terpenes, has medicinal properties that can help alleviate ailments like anxiety, depression, inflammation, epileptic seizures, etc.
Hemp plants grown for CBD and marijuana plants are nearly identical in their physical and biochemical appearance, with the main difference being the ratio of CBD and THC present in the plant. For purposes of federal and state law a hemp plant or hemp byproduct cannot exceed 0.3% THC. While several states have legalized marijuana for medicinal or recreational use, it is not legal to sell, possess, or use under federal law. With one exception, Wisconsin law does not allow the medical or recreational use of substances in excess of 0.3% THC. ‘Lydia’s Law’ allows the legal use of CBD oil which may exceed 0.3 % THC as long as it doesn’t produce a psychotropic effect and is used under the supervision of a doctor. What are you getting if you consume hemp products? As previously mentioned, there are other chemicals found in hemp, including CBD, that many people, through their consumption, believe provide positive health benefits. However, these claims have yet to be substantiated by the Food and Drug Administration (FDA), and therefore claims of health benefits are currently prohibited in hemp marketing. Currently, hemp and its derivatives are minimally regulated by the FDA. CBD can be found in oil, tinctures, lotions, shaves, and many other types of ingestible and topical products and is widely available and used in Wisconsin and most other states. The lack of FDA oversight creates inconsistency in requirements related to product quality and THC content. There are also no standardized labeling requirements. While some companies do independent, third-party testing of their products for THC and make assertions about THC concentration, rounding down of test results can occur. Unless it is a verified isolate (100% CBD) it is likely that all hemp-derived products do contain some amount of THC. Further, some hemp-derived products have been found to have THC concentrations in excess of the 0.3% federal and state limit. How can it impact employers and workers? There is a potential that individuals who use CBD products may test positive for THC and fail a drug test. However, Wisconsin law prevents employers from prohibiting the use of legal products such as alcohol and now, CBD, unless such use results in impairment in the workplace. Conversely, the use of marijuana is still illegal under federal law and under many states’ laws, including Wisconsin. Therefore, an employer is not prohibited from taking action against an employee that uses marijuana, even if that only occurs on the person’s own time. It may be very difficult, or even impossible, for an employer or its testing contractors to determine whether an employee that fails a drug test for THC did so because they consumed legal hemp products with trace amounts of THC, or if they consumed illegal marijuana. We expect that systems will soon be developed to help employers navigate this gray area. For instance, it may prove possible to set certain concentration thresholds of THC in a person’s blood above which an employer can have confidence that the employee consumed marijuana. Some employers may decide to explore whether it is advisable to require employees using hemp products to inform the employer of that use so that possible THCpositive tests can be evaluated with that information. However, until more clarity is found here, employers should tread carefully and seek guidance from the experts that they retain for employee drug testing. Wisconsin Agri-Business News Quarterly
What is clear is that employers may establish policies and take action against impairment in the workplace. No one should be able to become impaired from the use of legal hemp products, but even if they could, an employer would be able to impose negative employment consequences on a person impaired in the workplace because she or he consumed a psychoactive substance. We expect that many employers will establish policies that are more focused on impairment and less on strict prohibitions against THC in a person’s system, similar to policies that many have in place for alcohol use. A complicating factor for employers is balancing all of this with federal and state restrictions against a commercial driver having any THC in his or her system. Employees that are required to be drug tested by the Federal Motor Carrier Safety Administration’s regulations (or potentially other laws) are tested for the presence of “marijuana metabolites.” This type of a test does not assess whether a person is or was ever impaired, it just tests for the presence of these marijuana indicators. A person who uses only legal hemp products (and not marijuana) will have these indicators in her or his system. We have been told that for purposes of FMCSA drug testing regulations and commercial driver licensing (CDL) requirements the threshold for marijuana metabolites for a positive test is 50 nanograms per milliliter (ng/mL) of a person’s urine, and that the measured concentration should be lower than this threshold for a user of a legal hemp-derived CBD product. However, we have heard from people who claim that they have never used marijuana but failed a CDL drug test for THC because of hemp product use. We expect that the question of whether a person can fail this type of test after only using legal hemp products will soon be answered definitively. In the meantime, our recommendation is that employers with valuable employees that are drug tested under state or federal law inform those employees of this possibility so that they can take precautions against losing their licensure. Lastly, all drivers, even those that do not drive under a federal or state commercial license, should be aware that the state’s impaired driving law strictly prohibits the operation of a vehicle while a person has "any detectable amount of THC” in their system, and does not differentiate between THC from hemp products or from marijuana. Practically, under current technological limitations and the methodologies used in Wisconsin, a person must have more than 1 nanogram of THC per milliliter of blood to test positive under this impaired driving law. Unlike a CDL drug test which looks for marijuana metabolites, tests under the state’s impaired driving law measure the concentration of “delta-9” THC present in a person. Delta-9 THC is the form of THC that induces a psychoactive effect in a person. Unlike marijuana metabolites, which can remain in a person’s system for an extended time after THC consumption, delta-9 THC is consumed by the body relatively quickly. Therefore, it is very unlikely that using a legal hemp-derived CBD product will result in a positive drug test under the state’s impaired driving law. However, this underscores why it is important for a person who uses hemp products like CBD to make sure to use a product that the person is confident does not contain more than the legal threshold of THC. Lastly, it is important to note that a person who drives while under the influence of THC may be cited under the state’s impaired driving laws regardless of what level of THC is in the person’s system. As with employment law, the question of how impaired driving laws prohibit impairment is fairly clear; things get much more nuanced when impairment is not present and THC concentrations in a person’s system come into play.
Conclusion The emergence and rapid growth of the hemp industry is creating challenges for employers across the country. Many hope that hemp-derived products will help people live healthier lives and allow employees to be more productive in the workplace. However, employers should educate themselves and their employees and be thoughtful about the special considerations that this relatively new phenomenon requires. As with anything else, it is likely that standard practices relating to these products will evolve in the near future, but until then, it is best to move forward carefully. Employers should start by evaluating their employee drug use policies to determine whether changes should be made to add flexibility to account for possible use of these legal products by employees, while remaining firm on employee impairment in the workplace.
This document is not intended to, and may not be construed to, provide legal advice to any particular employer or other person. It is intended to provide general information and does not create an attorney-client relationship between the authors and a reader. Please refer questions to Larry Konopacki or Meg Vergeront at Stafford Rosenbaum, LLP. Larry Konopacki, Partner Stafford Rosenbaum LLC firstname.lastname@example.org | (608) 259-2607 Meg Vergeront, Partner Stafford Rosenbaum LLC email@example.com | (608) 259-2663
Wisconsin Agri-Business News Quarterly
Sara Schoenborn, WABA Director of Marke ng and Public Rela ons
Inves ng in the Future of Agriculture educa on, please consider making a contribu on to the auc on. Last year we received everything from athle c and event ckets to themed baskets and tool sets.
Each year the Wisconsin Agri-Business Associa on holds its Scholarship Silent Auc on at the Wisconsin Agribusiness Classic, with the goal of raising funds to support the next genera on of agricultural leaders in Wisconsin. WABA proudly provides $20,000 in scholarships annually to students all over the state who are majoring in and plan to have careers in agriculture. But we can’t do it alone. It takes a dedicated team of volunteers and donors to make this event a success, which is why we are asking you today for your help. If you are interested in joining us as we support our industry’s future leaders by inves ng in their
20 WINTER 2019
If exploring the auc on at the event is more your style, then please feel free to visit us at the WABA booth located just inside the main entrance to the tradeshow floor! Once again this year, donors will not only be recognized at the event, but also on our Facebook page in the days and weeks leading up to the Wisconsin Agribusiness Classic. On behalf of WABA, thank you for considering being a part of this venture. If you have any ques ons, simply email me at firstname.lastname@example.org or give me a call at the oﬃce. Thank you, again, for all that you do to promote our industry and we’ll see you in January!
By Jim Nolte, WABA Safety Director
Short Growing Season, Late Harvest and Wet Grain Likely to Cause Storage and Safety Concerns for 2020
During an unusual plan ng and harves ng season, safety issues are par cularly relevant as high grain moisture levels are promp ng the need for aera on strategies. Both The Na onal Grain and Feed Associa on (NGFA) and the Grain Handling Safety Coali on noted that high-moisture grain harvested in 2009 resulted in a drama c increase in the number of grain engulfment incidents well into 2010. Because moisture levels are high again during this year’s harvest, the following safety reminders are being circulated by both groups: •
Problems tend to develop when wet grain is immobile inside of a grain bin for too long without being properly aerated or circulated. This is when it starts to crust together, cling to bin walls, and even smolder. In addi on to helping grain quality, good aera on and circula on prac ces improve safety by minimizing these complica ons.
It is well known the most significant safety issues occur when a worker makes a top entry into a grain bin to inspect the grain or bust up chunks while the grain is flowing. Because of this downward pull, a grain bin should never be entered with flowing grain. When there is wet grain, a false sense of security develops since the grain can bridge and collapse under the weight of the worker. Top entry must be avoided.
For grain that may s ck to walls or form a tower inside a bin, ideally the grain should be dislodged without entering the bin. Some mes this is done by ‘banging’ or vibra ng exterior walls or prodding piles from the outside. Being inside a bin while dislodging a grain tower must be avoided.
If a grain bin must be entered to deal with grain chunks that are causing complica ons with sweep or sump augers, then those augers must be de-energized. Never enter a grain bin with a
Wisconsin Agri-Business News Quarterly
sweep or sump auger in opera on (unless the sump auger has a proper guard cover). Too many injuries occur each year from workers becoming entangled when they slip or loose awareness of the auger’s loca on. Remember, complica ons from 2019 wet grain can remain well into 2020. NGFA has a full suite of safety materials available at ngfa.org/safety. Visit their website for harvest-related safety training guides and videos, including: • • •
Grain Bin Entry training video Safety and Grain Quality Management training video Preparing Bins for Harvest Safety Tips Sheet
The Grain Safety Coali on also has safety materials and videos available for your use on their website at grainsafety.org. Dr. Carol Jones, one of the leading grain storage experts in the country (who was also a featured speaker at this years’ Safety Day), can also provide guidance and assistance in oﬀering some of the latest storage methods and techniques in an eﬀort to avoid out of condi on grain at your facility. If your grain does end up going out of condi on and you are having problems unloading grain from a bin, Carol can also provide you with proven methods and techniques to address these problems without having to send people in a bin and expose them to possible engulfment hazards. The best way to contact Carol is by email at email@example.com. If you would like to speak directly with Carol she can be reached at 405-612-1133.
Aus n Burby Manager CLA Madison (Middleton)
The Big Transi on: Ge ng the Next Genera on Involved in Farm Management
When you are raised in a family-owned business, even elements of the financial side of the opera on become almost intui ve. You develop a rhythm and way of doing things that you adapt as you go along. However, one of the biggest challenges in a familyowned business is o en passing on the business to the next genera on. For many, it’s diﬃcult to even start a conversa on about the future of the business. It’s emo onal, and it’s uncomfortable, but the survival of the family business may literally depend on keeping that conversa on going.
Gathering outside experience If the succession plan includes a transi on of management responsibility and ownership, one of your first tasks is to define the skills and experience necessary for long-term success. If the next genera on has only worked for Mom and Dad or Uncle Joe, it is crucial to have some me and space for outside experiences to learn from others. These experiences will not only build valuable, prac cal skills, but also provide a fresh perspec ve. In the same way that travel gives you a new view on where you’re from, experiences in another business will help next genera on owners look with clarity at their own business.
Understanding the whole organiza on While outside experiences are helpful, they may not always be prac cal. If there is a shortened transi on meframe due to health issues, you probably won’t have the luxury of helping the next genera on gather diﬀerent perspec ves. In that case, the focus should be on cross-training. Ideally, the next genera on should see every aspect of the opera on and have meaningful experiences in those areas. On a dairy farm for example, that may mean spending me in the parlor doing some milking before transi oning to working in the calf barn, and
Whether you’re transioning your business to a family member or a key employee, here’s a prac cal approach to developing the next genera on of owners.
then moving on to focus on growing the crops that feed the herd. The goal isn’t necessarily to make a person an expert in every aspect of the organiza on. In larger organiza ons, or where there are mul ple individuals as part of the transi on plan, it just isn’t reasonable. In smaller organiza ons, the person may already have had these experiences just by growing up with the business. The idea is to be inten onal about building the core, requisite knowledge of the organiza on. This will give the individual a founda on for making management decisions when the me comes. Later, they will be able to fully understand the concerns of the staﬀ, and how individual decisions impact other parts of the business.
Developing business and financial skills Business today looks a whole lot diﬀerent than it did when the previous genera on took over the business. Today, it requires a diﬀerent level of business and financial acumen. While many in the next genera on may have been educated at colleges and tech schools, nothing beats some real-world business experience. Get the person involved in pu ng together the annual opera ng budget. If your organiza on works with a third-party consultant, it is a perfect opportunity to start building the rela onship, between the experienced consultant and the next genera on. Another way to start developing financial acumen is what I’ll call project work. Have the person revisit some old ideas or explore new ones. Are there new revenue streams or some crea ve opportuni es to explore? What would it really cost to expand, and what produc on results are required for it to work out? Are there some management prac ces worth implemen ng to improve employee reten on and
produc vity? How could “big data” be applied to the opera on? It’s likely that you have had to wrestle with these ques ons many mes over the years, but maybe the next genera on’s perspec ve will uncover some answers. Once your successor had done the project work, take the me to mentor that person through all aspects of the analysis. My best performing clients can look at produc on reports and quickly tell you what went wrong. I was recently having a conversa on with a younger businessman who missed last year’s financial targets. He had worked up a spreadsheet where he accounted for nearly all of the bo om-line shortfalls by focusing on about six factors. He broke down the impact, in terms of dollars, on each of those factors, concisely explained the cause of each variance, and most importantly, had a plan of how to remedy each issue. A businessman who can sit across from their banker with that type of informa on with a plan in place will have a much easier me ahead of them.
same level of inten onality as every other part of the plan. The banker may trust Mom and Dad, but does he fully trust the daughter? The consultants have a certain level of understanding with the first generaon, but do they even know the next genera on? The same goes for the tax or accoun ng professional. These advisors o en help devise and build out transi on plans, but can also play a vital role in helping build the next genera on’s skills. In all of those rela onships, there is history and context learned through years of working together. A plan that fails to consider how that history is transferred is se ng itself up for a struggle.
How we can help The transi on of an organiza on starts long before the reins are actually handed over. CLA’s professionals can help with all aspects of succession. It starts with tough conversa ons and coming to common goals, but ul mately the plan is only realized through work. Everything discussed here is work, but it’s work worth doing to help equip the next genera on for success.
Rela onships with professionals Don’t underes mate the importance of building and transi oning rela onships with the business’s bankers, a orneys, tax and accoun ng professionals, and consultants. You must approach them with the
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Wisconsin Agri-Business News Quarterly
Greg Mar nelli Ag Sales Professionals
They Need You Now, More Than Ever Before Strategies for showing up and making a diﬀerence for your customers
As the crowd of several hundred took their seats and the announcer began reading my intro, I had a thought on how to connect with this audience and get the message of my presenta on to sink in and s ck be er. One word of warning. I highly recommend not changing your presenta on on the way to the podium. That’s not a best prac ce in any Toastmaster handbook. However, as this idea hit me, I couldn’t resist the thought of trying it. My first words to the audience, “Raise your hand if you recently had a conversa on with one of your farmer customers about how tough it is to make money in farming.” When a speaker asks a group like this a ques on, we understand that half the people in the audience won’t raise their hand at all. The other half will only respond hal eartedly. To my surprise, every single hand went up in the room. “Good, that means you are in the right place. In the next 59 minutes, we are going to cover several strategies for you to employ with your customers immediately a er you leave here.” The premise of this presenta on has been hi ng it oﬀ with audiences for the last two years as selling to farmers has become a challenge. It’s so challenging at mes that salespeople don’t even want to leave the oﬃce to call on farmers. This is exactly the opposite of what your customer needs and the opposite of how to be a more eﬀec ve salesperson. I get it. It’s tough out there. Tougher than it used to be. I see it firsthand when coaching salespeople on ride alongs. Farmers are unhappy for any number of reasons…. weather, poli cs, commodity markets, laws and regula ons, and of course, farming economics. You name it and there is something we can find to complain about. As salespeople, we make several mistakes when we run into this nega vity.
24 WINTER 2019
The first mistake is joining in the nega vity. I didn’t realize how bad this was un l I spent the majority of my me coaching salespeople. This gives me a unique observa on of the sales interac on like I am watching a spor ng event. It all plays out right in front of me. The farmer usually starts the nega vity oﬀ with a weather comment. It’s always too dry or too wet. The salesperson has great inten ons of trying to connect with the producer. So, she jumps in and commiserates with them. Some mes, she even makes it worse by adding more nega vity to the discussion. When rela ng these stories, I could see the audience iden fying with the scenario I was describing. They see themselves on their last sales call doing the very same thing. That’s when we jump into the realworld strategies on how to show up diﬀerently for their customers. However, before we do, I emphasize one cri cal point. This is not a “Rah-Rah, Cheer up Champ,” type message. The farming environment is tough. Producers are near or below breakeven in many segments. The point of the presenta on is that your customer doesn’t need another salesperson to drive onto their farm and commiserate with them. They have all the friends they want at the nearest coﬀee shop to sit around and talk about how tough it is. My message to the audience, “They need you to bring real solu ons to their real problems. Even if they don’t say it. Even if they try their best to drag you down into the nega vity!” A er we go through an understanding of how to recognize this behavior in themselves, we jump into the strategies on how to show up diﬀerently on their next farm call. One of the top strategies is to simply help your customer keep moving, keep trying new approaches to improve, keep learning, etc.
Strategy: Keep them Moving: Taking a lesson from any tough experience or protracted diﬃculty in your life, we know that if we stop moving, quit trying or mentally give up, we are doomed to fail. In my example, I bring in the refer-
ence of successfully comple ng an Ironman. This was one of the longest days of my life. At the instruconal briefing the day before the race, they told us the key to comple ng the race was to “never stop moving”. It proved to be great advice as my thirteen and a half hours of pain played out the next day. As I struggled to even walk, I kept hearing those words of advice…. “Don’t stop. Keep running. If you can’t run, walk. If you can’t walk, crawl. Get your food and refreshments at the aid sta ons and then keep moving!” This is what your producers are going through. They are in their own thirteen hour race every day. Do you really think they need someone to come along and tell them how bad it is? That would be like someone on the sidelines of a race with a sign that said, “I know your pain. This is horribly diﬃcult and it’s probably going to get even worse!” Wow, what a revelaon. Like that commercial, “Thanks Captain obvious”. Instead, we need to be on our customer’s sidelines with support, mo va on and most importantly, ideas to keep them moving. Your customers need you to bring ideas they can implement to keep moving. Here are a few ways to help your producers instead of jumping into the nega ve quicksand: •
Be a connector: you know a tremendous amount about your industry. You go farm to farm all day long. You know what works and what doesn’t work. Bring some of those ideas to your producer. Be a trusted advisor: not just about your products, but what you have seen work at other farms. Frequently when coaching a salesperson, they will tell me how great their rela onship is with their customers. Great! Now is the me to put that great rela onship to good use. Use the trust you have built up with them for their own good, not just to sell more of your products. Be a coach: not one that yells at the players on the sidelines and throws chairs across the court, but a business coach. When you see customers making bad decisions, use the coaching model to walk them through their choices. Google coaching model and you will get dozens of examples of 5 step, 7 step, 8 step coaching models.
We then debrief as a group. While audiences are always a li le reluctant to publicly speak out in a group of this size, it was great to have several share how they can make a diﬀerence for their customers. We finished with this primary message, “Your customers feel like they are stuck in the quicksand of nega vity. Everywhere they turn, they can see nega ve headlines. When you leave here today, you make the choice. You will show up on your next farm call with all of the tools you have at your finger ps…precision ag, computer programs, Apps, etc. Your customer is going to become nega ve. You can take the easy way out and jump into that nega vity with the producer. It will probably even make you feel good. It won’t accomplish anything, but you might feel be er. Or you can use your tools and resources to implement one of the strategies we covered.” The same message holds true for you. On your next farm visit, you will have the opportunity to choose. Your customer needs you now more than ever before to make the right choice! Greg works with agribusinesses on sales training, coaching and speaking at their events. He works with associa ons through keynote and breakout presenta ons. To discuss how he can help you, your team or your associa on contact: Greg Mar nelli at Ag Sales Professionals, LLC at (608) 751-6971. Email Greg@GregMar nelli.net Web site www.GregMar nelli.net
As we moved through the rest of the strategies, I could see the audience connec ng with the on-farm stories of how easy it is to get caught up in customer nega vity. To make sure they take the message to heart and actually implement a change in their selling approach, we go through a take-home part of the presenta on.
Wisconsin Agri-Business News Quarterly
By Jim Nolte, WABA Safety Director
OSHA Issues Emergency Use Ladder and Stair Rail Interpreta on Le ers came aware of this situa on and held several meetings with OSHA to discuss this issue and the poten al impact on the grain industry.
OSHA has recently issued two interpreta on le ers. One le er addresses fixed ladders for emergency use and the other clarifies some confusion surrounding the new stair rail requirements. Fixed Ladders for Emergency Use OSHA’s updated standard for fixed ladders that extend more than 24 feet above a lower level, now requires ladder safety devices or fall protec on systems to be installed on all new ladders star ng on or a er November 19, 2018 and requires all exis ng fixed ladders to have fall protec on systems installed by November 18, 2036. There is an excep on to this requirement in the updated standard that states fixed ladders used for emergency opera ons such as firefigh ng, rescue and tac cal law enforcement operaons, or training for these opera ons, do not have to have ladder safety or fall protec on systems installed. Refer to OSHA standard 1910.23(a)(1). A le er was formally submi ed to OSHA asking if the excep on in the revised standard also applied to employee use of these ladders for emergency use only. Prior to OSHA revising the fixed ladder standard, grain opera ons were allowed by OSHA to have certain fixed ladders designated as “Emergency Use Only” ladders as employers are required to have more than one way for employees to exit from the top of grain bins, silos and other structures. Since these ladders were to only be used by employees in emergency situa ons they did not need to have safety cages installed. Refer to OSHA standard 1910.272(o). OSHA’s “unoﬃcial” feedback was that the excep on in the newly revised standard applied only to those ladders used by emergency personnel and if company employees were going to use these ladders then they must be equipped with fall protec on systems. The Na onal Grain & Feed Associa on (NGFA) be-
As a result of these mee ngs and further evalua on by OSHA, an oﬃcial interpreta on le er has been issued. Essen ally it s ll states that the excep on in the revised fixed ladder standard found in Subpart D of the OSHA regula ons applies only to emergency responders and not employees of the company. However, it goes on to state that in Subpart E of the OSHA regula ons, which addresses Exit Routes and Emergency Planning, employers are required to provide workers with safe means of exit from workplaces, par cularly in emergencies. Therefore, in accordance with OSHA’s exis ng enforcement policy under Subpart E requirements: “OSHA will not issue cita ons when fixed ladders installed on the outside of grain bins, silos or other structures are not equipped with safety devices, including cages and ladder safety systems, when such ladders are exclusively used for emergency egress and Emergency Use Only signs are posted and visible at both ends of the ladder.” Therefore, fixed ladders designated and posted as Emergency Use Only will not need to have fall protec on systems installed. You will need to train employees so they understand this requirement. If OSHA finds out employees are using these Emergency Use Only ladders rou nely or when an emergency did not exist, a cita on will be issued. If, for example, you have a stair system installed that employees can use to access the tops of all bins and/ or silos via elevated catwalks, then you can train and require employees to use the stair system as the primary means to access the top of the bins and then clearly mark the fixed ladders mounted on each of the bins as Emergency Use Only. Should an emergency occur where employees would not be able to use the stair system to safely reach the ground, they would then be able to u lize the Emergency Use Only ladders mounted on the bin. These ladders would not be required to have fall protec on systems installed at all.
Stair Rail vs. Handrail Issue There is much confusion surrounding the changes OSHA made to the height requirements for stair rail systems and hand rails. OSHA has received numerous ques ons and le ers from employers and other industry groups asking to clarify the confusion. NGFA has also met with OSHA to discuss these issues. The revised standard states requirements for stair rail systems installed before January 17, 2017 and new requirements for stair rail systems installed on or a er January 17, 2017. The height of stair rail systems installed prior to January 17, 2017 cannot be less than 30 inches from the leading edge of the stair tread to the top surface of the top rail. [See 1910.29(f)(1)(ii)(A)] The height of stair rail systems installed on or a er January 17, 2017 cannot be less than 42 inches from the leading edge of the stair tread to the top surface of the top rail. [See 1910.29(f)(1)(ii)(B)]
1. If your stair rail systems were installed prior to January 17, 2017 and meet either of the requirements listed below, then they will be deemed to be compliant and will not need to be retrofi ed: • •
The height of the stair rail system is not less than 30 inches from the leading edge of the stair tread to the top surface of the top rail or; The top rail of a stair rail system, which also serves as the handrail, is 36 to 38 inches in height from the leading edge of the stair tread to the top surface of the top rail.
Refer to Figure 1 for an example of the height requirements when a handrail and top rail of a stair rail system are combined for stair rail systems installed before January 17, 2017. This does not show compliance with all provisions of the standard.
The revised standard also goes on to say the top rail of a stair rail system may serve as a handrail only when….”The height of the stair rail system is not less than 36 inches and not more than 38 inches as measured at the leading edge of the stair tread to the top surface of the top rail.” [See 1910.29(f)(1)(iii) and 1910.29(f)(1)(iii)(A)] The standard also states… ”Handrails are not to be less than 30 inches and not more than 38 inches as measured from the leading edge of the stair tread to the top surface of the handrail.” [See 1910.29(f)(1)(i)] Herein lies the confusion. For stair rail systems installed on or a er January 17, 2017 the top stair rail cannot be less than 42 inches yet in another part of the standard it states that the top stair rail can also serve as a hand rail if the top rail is between 36 to 38 inches. So which is compliant, the 42 inch top rail or the 36 to 38 inch top rail if the top rail also serves as the handrail? Due to this confusion, some stair rail systems installed on or a er January 17, 2017 were designed having the top stair rail between 36 to 38 inches because the top stair rail also served as the handrail. OSHA began ci ng companies who had this type of stair rail system sta ng that the standard requires the top stair rail to be no less than 42 inches and the standard also requires a separate handrail installed between 30 to 38 inches from the leading edge of the stair tread. This is what prompted employers and industry groups to ask OSHA for clarifica on.
2. The requirements for stair rail systems installed on or a er January 17, 2017 are: • • •
The top rail and handrail must be separate. The top rail must be at least 42 inches in height. The separate handrail must be 30 to 38 inches in height as measured from the leading edge of the stair tread to the top surface of the handrail.
Refer to Figure 2 for an example of the separate handrail and top rail height requirement for stair rail systems installed a er January 17, 2017. This does not show compliance with all provisions of the standard.
To clarify this confusion, OSHA will be publishing a future Federal Register No ce which is intended to clarify the original intent of the standard. In the interim they have also issued the following guidance: Wisconsin Agri-Business News Quarterly
As a result of the confusion surrounding this standard OSHA has issued a temporary enforcement guideline that states: â€œFor stair rail systems installed on or a er January 17, 2017 that meet 1910.29(f)(1)(iii)(A) [Figure 1] instead of 1910.29(f)(1)(i) and 1910.29(f)(1)(ii)(B) [Figure 2], OSHA will not issue cita ons un l the intent of the standard is clarified by the Federal Register No ce. That is, heights of handrails and top rails of stair rail systems installed prior to any future Federal Register No ce that meet Figure 1 or 2 will be deemed to be compliant and will not need to be retrofi ed.â€? Once OSHA issues the Federal Register No ce, all stair rail systems must have a top rail no less than 42 inches as measured from the leading edge of the stair tread to the top surface of the top rail with a separate handrail no less than 30 inches or greater than 38 inches in height as measured from the leading edge of the stair tread to the top surface of the handrail. WABA will no fy all members when the Federal Register No ce is issued. WABA recommends following the stair rail system depicted in Figure 2 immediately for all new or renova on construc on projects as this will be the standard moving forward once the Federal Register No ce is issued. Contact WABA Safety Director Jim Nolte if you have any addi onal ques ons on this issue.
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PEST HIGHLIGHTS OF 2019 SWEDE MIDGE - A new state record was established in June with the first Wisconsin detec on of swede midge, Contarinia nastur i (Diptera: Cecidomyiidae), a small fly that infests brassica plants and causes distorted growth and damage to developing flower heads. The flies were captured on s cky traps in Dane County on June 17 and in Milwaukee County on July 1, as part of a DATCP vegetable pest survey in urban community gardens. Swede midge is extremely diﬃcult to control once established and has the poten al to significantly impact brassica produc on in Wisconsin. DATCP is planning an expanded survey eﬀort for this new pest in 2020.
CORN ROOTWORM - A er two consecu ve years of record-low averages, beetle counts increased in southern Wisconsin in 2019. The annual survey in August found higher rootworm pressure in the southwest and south-central areas compared to 2018, while popula ons remained the same or decreased in the seven other crop districts. The state average number of beetles per plant also increased this year-from 0.2 in 2018 to 0.3 in 2019--reflec ng the higher beetle counts observed in the southern districts in late summer.
RAMORUM BLIGHT - On August 23, DATCP announced the intercep on of a rhododendron plant infected with Phytophthora ramorum, or Ramorum blight, in Marathon County. The plant was supplied by a Washington state nursery that had shipped 4,000 poten ally infected azalea, kalmia and rhododendron plants to Wisconsin and at least 27 other states. A trace-back survey of 59 garden centers and nurseries found only the one infected rhododendron plant, although the USDA reported in October that “Double Red Knockout” roses sold at Walmart stores were also poten ally infected with Ramorum blight. The roses came from an Oklahoma nursery. Ramorum blight can be transmi ed to as many as 100 diﬀerent plant species, including hardwoods, so woods and shrubs. Oak trees are at greatest risk of the disease, which is also referred to as sudden oak death.
30 WINTER 2019
LILY LEAF BEETLE - The invasive red lily leaf beetle (LLB) was reported in six new coun es this season: Dane, Door, Oneida, Pierce, Price and Taylor. First detected in Marathon County in 2014, LLB has now been confirmed in 12 Wisconsin coun es. The adult beetles are bright red and conspicuous, while the larvae can be found by inspec ng Asia c lily leaves for defolia on. The leaf damage caused by LLB larvae can be significant and, without interven on, will eventually kill the plant.
BROWN MARMORATED STINK BUG - Dodge and Lafaye e coun es were the only addi ons to the Wisconsin brown marmorated s nk bug (BMSB) distribuon map this year. Popula ons are currently highest in the Madison, Milwaukee and Fond du Lac to Green Bay areas, although this pest’s range is also expanding into western Wisconsin. As of November 1, BMSB reports have been verified from 30 of the state’s 72 coun es.
EUROPEAN CORN BORER - Larval popula ons once again reached the lowest level in recorded history. DATCP’s fall European corn borer (ECB) survey documented a state average of 0.01 borer per plant, the same average as in 2018 and tying the lowest count since 1942. The main contribu ng factor to the all- me low ECB pressure is Wisconsin’s con nued high use rate of Bt corn, which accounted for 75% of planted corn acres in the state last year.
BOXWOOD BLIGHT - This devasta ng fungal disease of boxwood was diagnosed on boxwood from a Dane County residence on October 25, according to Dr. Brian Hudelson of the UW Plant Disease Diagnos cs Clinic (PPDC). Boxwood blight had previously been found by DATCP inspectors on plants at two big box retailers in Dane and Portage coun es and in two Kenosha County nurseries, but the recent case marks the first report of the disease in the landscape. The PPDC currently oﬀers boxwood blight tes ng for free: h ps://pddc.wisc.edu/sample-collec on-and-submission/.
Wisconsin Agri-Business News Quarterly
Will Leaving Corn in the Field to Dry Un l Late Spring be a Viable Op on? By Bruce MacKellar and Roger Betz Farms.com
What is the poten al for corn to dry in the field over the winter months? In all honesty, not par cularly good on a per day basis during the December through February meframe. However, there are a lot of days during this period, and even small amounts of drying per day can lead to much lower moisture levels by early spring. With corn moisture levels remaining above 30% in many June planted corn fields, the cost of drying corn this fall is going to be very high. The key factor to consider in deciding whether to leave corn in the field un l spring is to assess the risk of yield losses by leaving corn in the field. Joe Lauer, University of Wisconsin Corn Extension specialist, conducted a study looking at corn yield losses over winter during 2000 and 2001. The results are in Table 1.
Table 1. Corn yield losses over winter, 2000 and 2001. Year
The numbers in Table 1 reflect harvest losses for corn combined with the weather condi ons during each month. The year 2000 data had heavy snowfall, which severely impacted how much of the corn could be harvested because of snow on the ground. The 2001 year had much less snow, hence less overall losses. The moisture levels are averaged over five years for samples collected. We ran a par al budget analysis inves ga ng the net revenue per acre impact of leaving 150 wet bushels per acre corn in the field over winter to dry to 18% moisture compared to taking 30% moisture corn to an elevator to dry. The results showed that even at a 30% (45 wet bushels per acre) yield loss in the field, there was a $20 per acre advantage to leaving the crops in the field. The results of this analysis are shown in Table 2 and reveal the impact of various yield loss results compared to corn moisture levels at harvest this fall.
The values in Table 2 were calculated using 150 bushels per acre wet bushel yield, which had a test weight of 50. Drying charge was calculated at 0.4 cents per bushel per point of moisture above 15%. A shrink calcula on of 1.4% per percent of moisture above 15% was used to calculate the number of marketable bushels. Drying charges, trucking charge for hauling the water in wet corn and a deduc on of 0.05 cents per bushel for test weight were calculated on a wet bushel basis. Factors that can contribute to overwinter yield losses As you might expect, there are several factors that can contribute to overwinter yield losses and the risks for loss can be substan al. Lodging. Corn has the poten al to lodge, which can substan ally reduce harvestable yield. This is par cularly true where stalks have been weakened by tar spot or other leaf diseases or stalk rots. Leaf diseases causing loss of green leaf ssue during the growing season can cause the plants to scavenge carbohydrates from the stalk, reducing stalk strength and increasing the potenal for lodging. Ear size and weight can also play a role in this, with heavy ears crea ng more poten al for lodging. In addi on, ac vity of insects such as corn borer and, to a lesser extent, western bean cutworm can impact stalk and ear shank strength, causing more lodging and corn ear drop. Winter weather. No precipita on events are created equal. Wet snow tends to be more problema c than dry snow. Ice storms can also add weight that can increase lodged corn. High wind condi ons during any of these events, including wind driven thunderstorm rainfall during the winter, can cause significant lodging. Wildlife damage. Deer can be a significant factor in making the decision of leaving corn in the field to dry. Overwintering deer can choose to yard up in standing corn as an alterna ve to woodlands and swamps, causing unacceptable levels of yield loss. The extent of damage that will occur is directly correlated with the numbers of deer in your area. If you expect to have fields you will not harvest un l late winter or early spring, contact your local Department of Natural Resources biologist to request extra doe antlerless deer tags this fall and round up hunters to proac vely reduce the deer herd in your area.
Table 2. Es mated net revenue per acre impact of leaving corn in the field to dry over winter at various yield loss and harvest moisture levels compared to fall delivery to elevator.
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United States Department of Agriculture National Agricultural Statistics Service
Wisconsin Crop Progress & Condition Upper Midwest Region - Wisconsin Field Office · 2811 Agriculture Drive · Madison WI 53718-6777 · (608) 224-4848 fax (855) 271-9802 · www.nass.usda.gov Cooperating with Wisconsin Department of Agriculture, Trade and Consumer Protection Vol. 19, No.36 For the week ending December 1, 2019 Issued December 2, 2019 Media Contact: Greg Bussler
Wisconsin had 3.0 days suitable for fieldwork for the week ending December 1, 2019, according to the USDA’s National Agricultural Statistics Service. Farmers got a short window of favorable conditions at the beginning of this week, allowing corn and soybeans harvesting to advance. High grain moistures continued to impede grain storage and driers were going full blast as crops came in. Back to back winter storms then slowed or halted fieldwork for the rest of the week. Wednesday’s storm delivered rain, freezing rain and high winds, while a multi-day weekend storm brought a mix of rain, sleet, and wet snow. Northern and central Wisconsin ended the week with snow on the ground; reporters noted over a foot of snow accumulation in some areas. The southern districts saw little to no snow accumulation, leaving the ground a slippery, partially frozen mess. Reporters commented that some unharvested crops would be left in the fields, particularly in areas with deep snowcover.
Corn Harvested for Grain, Wisconsin, 2018, 2019 and 5-Year Average
80 60 40 20
Harvest of corn for grain was 66 percent complete, 22 days behind last year and 21 days behind the 5-year average. The moisture content of corn harvested for grain was reported at 23 percent.
5 Yr Avg
Soybeans Harvested, Wisconsin, 2018, 2019 and 5-Year Average
Soybean harvest was 86 percent complete, 19 days behind last year.
80 60 40 20 0 9/29
10/13 10/20 10/27 2018
11/10 11/17 11/24
5 Yr Avg
Crop Progress as of December 1, 2019 Districts Item
Corn harvested for grain ........... Soybeans harvested .................
(percent) (percent) (percent) (percent) (percent) (percent) (percent) (percent) (percent) (percent) (percent) (percent) (percent) 64 43 55 57 57 62 80 75 65 66 57 94 91 93 81 75 95 91 73 84 86 86 86 82 99 99
Days Suitable for Fieldwork as of December 1, 2019 Districts Item Days suitable ............................ NA= not available
This week (days) 3.0
State Last week (days) 4.2
Last year (days) NA
Selected Quotes from Farm Reporters and County Ag Agents All comments are used in creating this report, but only a few are published below.
NW—CHIPPEWA-T.P.: Close to a foot of snow this week. Tillage is done for the year.
C—PORTAGE/WOOD-J.W.: Finished soybean harvest, moving to corn harvest. Feeding of cattle and manure hauling.
NW—RUSK-G.P.: Some corn off early in the week, but twin snowstorms have shut down harvest for now. About 15 inches of snow on the ground and wet snow is hanging up on the trees and on the standing corn. Temps should allow some of that to melt off so hopefully more combining can be done. Some corn will stand into next spring and may or may not be harvested.
EC—SHEBOYGAN-T.S.: Corn and soybean harvest continued where able this week. Any remaining soybeans most likely will not get harvested as they are now buried in snow. Colder temperatures are keeping the ground frozen so corn harvest will be able to continue. Moistures remain high.
NC—CLARK-R.H.: Six inches of heavy wet snow on Wednesday has slowed down the corn harvest. Much of the corn is higher in moisture than most would like and has slowed harvest. Snow and rain is in forecast for Friday through Sunday. Hope everyone had a great Thanksgiving break and please be safe as we move forward with the harvest. NE—SHAWANO-B.R.: Over two inches of rain in the last ten days with several inches of snow mixed in between. Makes for a miserable week. There were a fair amount of soybeans taken off late last week when the ground was frozen hard. Still a lot of corn to come off that is very high in moisture. WC—BUFFALO/PEPIN-M.L.: Water table increasing again causing springs to pop up in fields and field roads, making moving equipment in to harvest difficult. Wet snow and rain most of week. WC—LA CROSSE-I.H.: Snow, rain and deer hunting got in the way of harvesting corn. Beans will remain in the field, a lot have dropped off or still are in wet spots and cannot be harvested. To say this has been a hard year for harvesting crops is an understatement. Frustration exists.
EC/SE—FOND DU LAC/WASHINGTON-B.B.: Combines saw limited work in the fields before another inch of rainfall midweek. Operators will need frozen ground to continue with the harvest. Corn is standing fairly well given all the rain/snow in October and November and the high winds that came with the midweek storm. SW—VERNON-K.L.: Another week of rain and snow. Fields are slippery and harvesting is hampered. Some of the later planted corn is 30 percent moisture. One producer reported driving to Kansas for LP gas for drying corn. Some soybeans remain in the fields. This has been a tough year for farming, whether it was in planting or in harvesting. SC—COLUMBIA-G.K.: Couple of nice days to combine corn early in the week, even though the soils were wet. Then came the rain, and the rain, and the rain, and the snow. Soils are totally saturated and very muddy. Will need many drying days or freezing temps to firm up the ground in order to get the combines rolling again. SC—GREEN-J.T.: Many manure pits are still full and will be a problem this winter.
WC—TREMPEAULEAU-L.N.: The snow hit hard this week, first freezing rain and then snow. Many acres are left in the field unharvested. What has been harvested is showing low test weights and high moisture. Fields are uneven and yields less than expected.
Wisconsin Weekly Weather, Selected Cities, Ending as of 7:00 a.m. on December 1, 2019 Temperature City
Avg. dep. from normal *
Year To date
Eau Claire .......
Green Bay ......
La Crosse .......
Milwaukee ....... 45 33 53 29 39 +5 1.03 44.24 *Normal based on 1971-2000 data. NA=not available. T=trace Source: NCEP/NOAA Climate Prediction Center https://www.cpc.ncep.noaa.gov. https://www.noaa.gov/
For more weather data, please reference the following sites: http://www.aos.wisc.edu/~sco/ https://www.cocorahs.org/ https://www.weather.gov/
This report has been made possible through the cooperative efforts of the U.S. Department of Agriculture, the Wisconsin Department of Agriculture, Trade, and Consumer Protection, and the National Weather Service.
Wisconsin Agri-Business News Quarterly
2020 Wisconsin Agribusiness Classic It’s the Place to Be Believe it or not, it is that me of year again – me for the Wisconsin Agribusiness Classic! And in 2020, we have built on the posi ves of the past to make this year’s conference even be er than in the past. Things you can expect at the 2020 Classic include: •
A Pre-Conference Educa onal Session on Dicamba Training and Cer fica on.
An expanded Agribusiness Connec ons Program, giving you access to agriculture students (future employees) from all across the state.
An expanded Scholarship Program Silent Auc on with dozens of unique items you can bid on to buy.
Great food, an always popular industry recep on, great fellowship, and the chance to renew old friendships and create new ones.
New this year, the tradeshow floor size will be condensed so it is not so spread out and a long walk from point to point. However, there will s ll be plenty of room for tables and chairs throughout the en re tradeshow area for meals and discussions.
Educa onal Breakout Sessions – 50 diﬀerent presenters covering 57 mely and important topics.
Educa onal Breakout Sessions for all sectors of the industry including Grain, Feed, Agribusiness Management, Spray Rig and Fer lizer Applicators, and Agronomy discussions on virtually every topic possible.
Awesome keynote speakers including: Wisconsin FFA President – Collin Weltzein, Firefighter and Ironman Triathlon World Record Holder – Rob Verhelst, and Olympic Gold Medal Curler – Ma Hamilton.
Industry awards presenta ons and WABA scholarship recipient recogni ons.
The WABA Annual Membership Mee ng and results of the WABA Board of Directors elec on.
Plus- the chance to get their autographs.
One of the best industry tradeshows in the en re Midwest with lots of the regular venders, as well as several new venders with products and services you will want to see.
As you can see, there are a lot of reasons to get really excited about the 2020 Wisconsin Agribusiness Classic. We will see you all at the CLASSIC!
2020 WISCONSIN AGRIBUSINESS CLASSIC ALLIANT ENERGY CENTER, MADISON WISCONSIN JANUARY 14-16, 2020
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Wisconsin Agri-Business News Quarterly
Take the Offensive: Self-Policing Environmental Audit Programs Help Limit Your Liability
By Tony Kollasch As part of a more coopera ve approach between industry and regulators, some federal and state programs encourage firms to monitor their own regulatory compliance and voluntarily report viola ons. In return, the programs generally limit the liability for organiza ons that are making a good faith eﬀort to inves gate and correct viola ons. If you are ‘taking the oﬀensive’ on your environmental responsibili es, there are a few things you should know in advance. Some regula ons are enforced only at the federal level by the Environmental Protecon Agency (EPA). Among these are elements of the Emergency Planning and Community Right-to-Know Act (EPCRA). This includes the Toxic Release Inventory (TRI) and certain releases of extremely hazardous substances into the environment. Some regula ons are found only at the state level. For instance, if you have a minor source air permit issued by your state, non-compliance with that permit would be reported only to the state and not to EPA.
EPA Programs Audit Policy EPA’s Audit Policy, Incen ves for Self-Policing: Discovery, Disclosure, Correc on and Preven on of Violaons safeguards human health and the environment by providing incen ves for regulated en es to come into compliance with the federal environmental laws and regula ons. The Audit Policy reflects the input of industry, trade associa ons, state environmental program prac oners, and public interest groups. The policy was designed to provide major incenves for regulated en es that voluntarily discover, promptly disclose, and expedi ously correct noncompliance. Incen ves include reduced or eliminated gravity-based penal es, as well as not recommending criminal prosecu on provided certain condi ons are met.
Facili es report through the eDisclosure portal at EPA’s Central Data Exchange (CDX). There are no advance agreements needed when self-repor ng through eDisclosure. Small Business Compliance Policy Addi onal incen ves are available to small businesses, those with 100 or fewer employees. Furthermore, the EPA has resources available to help small businesses learn about environmental compliance. Small businesses can take advantage of the resources informa on sheet with links to a variety of guides, services, and assistance programs. Self-disclosure for small businesses u lizes eDisclosure. New Owner Audit Policy A tailored audit policy provides incen ves for new owners that want to make a “clean start” with their newly acquired facili es. New owners cannot be responsible for any of the compliance issues that occurred prior to acquiring the facility and must enter into an audit agreement within nine months of closing the ownership transac on. Unlike large businesses taking advantage of the Audit Policy and small businesses u lizing the Small Business Compliance Policy, new owners must first enter into an agreement with EPA and will not report viola ons using CDX.
Wisconsin Program Enviro-Check Wisconsin Department of Natural Resources (WDNR) has updated its audit policy called Enviro-Check, with similar benefits and framework. There are four steps to par cipate in the Enviro-Check program: Step 1 – No fy WDNR (30 days before audit) Step 2 – Conduct Audit (within 365 days of applica on submi al) Step 3 – Submit Report (within 45 days of comple ng the audit) Step 4 – Take Correc ve Ac on (within 90 days of report)
As described above, the benefits of the new Program are that a facility who is opera ng in good faith can limit its liability for viola ons that it can correct. These situa ons happen on facili es inherited during consolida ons and proper es where historic operaons were completed by other par es. Even the most diligent companies can find issues on newly acquired facili es and these programs allow owners to correct them while protec ng their liability related to iden fying the issues.
Need Help Ge ng Started? You can use these addi onal resources to learn more about self-policing programs, or contact SCS Engineers to discuss op ons. 1. h ps://www.epa.gov/compliance/epas-auditpolicy#incen ves 2. h ps://dnr.wi.gov/topic/EnviroCheck/ 3. h ps://www.epa.gov/agriculture For more informa on, contact Tony Kollasch email@example.com or Mark Hammers firstname.lastname@example.org in Madison, WI. Tony Kollasch has 20+ years of experience helping industrial, commercial, u lity, state, municipal, and agricultural companies with environmental compliance services. Mark Hammer has 5+ years of experience as an engineer in the environmental field. His areas of exper se include regulatory compliance, sustainable prac ces, and chemical management.
Wisconsin Agri-Business News Quarterly
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What’s New in the FSMA World The following is a list of Common Inspec on Cita ons:
Last month, I was able to a end the 2019 Feed and Pet Food Joint Conference in Kansas City, MO. There was a lot of great informa on and I can tell you that FSMA is alive and well. On the FDA side there is a push to combine all your FDA inspec ons that you need into one visit. The upside to this is that you will only have to be inconvenienced once. The downside is they will be there for a while. Even though you have had a CGMP inspec on done, the inspec on you may be experiencing now might be a more comprehensive one. I have been assured by the FDA that they are s ll opera ng in the world of educate before you regulate. At some point this will change, and it will not ma er if you have not had an inspec on before you will be expected to be in compliance. In the Fiscal year 2019, Current Good Manufacturing Prac ces (CGMP) inspec ons were conducted at all business sizes. Rou ne Preven ve Control (PC) inspec ons started in October 2018 for Large businesses. Rou ne PC inspec ons at “small” businesses did not start in FY 2019 but did conduct some “for cause” inspec ons. Here is an overview of FSMA Inspec ons to date. Type of Inspec on CGMP (domes c) CGMP (foreign) CGMP (by State) PC (by FDA domesc) PC (by FDA foreign) PC (by State) Sanitary Transportaon FSVP
Number of Inspec ons 207 23 493 119
% of Cita ons Issued 9.00 % 13.00 % 2.00 % 19.00 %
13 35 60
15.00 % 20.00 % 0.00 %
1. Failure to iden fy/implement a preven ve control* 2. No Hazard Analysis 3. No Wri en food safety plan 4. Food safety plan not done/or overseen by PCQI 5. Failure to establish/implement correc ve ac ons procedures* 6. Failure to validate preven ve control * 7. Failure to conduct a reanalysis 8. Failure to develop an FSVP 9. Failure to document approval of suppliers 10. Failure to establish (or follow) wri en procedures for ensuring appropriate supplier verifica on ac vi es. The last 3 refer to Foreign Supplier verifica on programs (which most of you don’t need unless you are directly impor ng feed ingredients from a foreign country). Even though the FDA is s ll in the educate before they regulate phase, during any rou ne inspec on they find a situa on that would cause significant public health or animal health concerns, they will consider advisory or enforcement ac on. *Wri en Preven ve controls, their verifica on and valida on, are not necessary if you are using a prerequisite program to reduce the probability of poten al hazards iden fied in your hazard analysis. Remember you are looking for known or reasonably foreseeable hazards in your facility. These hazards can be broken down into products and processes. Your prerequisite program is made up of your company’s standard opera ng procedures, policies and employee training. If you are going to use your prerequisite program instead of preven ve controls, then that program needs to be well documented. I include the enclosed statement in the Food safety plans that I write. This helps make it clear what our inten ons are when it comes to the use of PC’s and/or Prerequisite Programs. I only provide this as a sugges on, but I think that it gives a clearer understanding of how you intend on proceeding. Remember that just because a prerequisite program may fail it is not necessary to immediately ini ate Preven ve Controls.
Statement of Process Preven ve Control and Prerequisite Program This facility believes in the importance of animal food safety and has adopted this process to maintain a high level of safety in our animal food. We believe that the probability of poten al hazards, iden fied in our hazard analysis, through the judicious use of Standard Opera ng Procedures, Company Policies, and Employee Training, recognized as our “Prerequisite Program”, can be reduced to the point that Preven ve Controls (PC’s) are not required. If an infrac on of our Prerequisite Program causes a condi on of animal food to become adulterated and/ or cause a serious health risk to animals, the following steps will be taken. 1. An evalua on (within a reasonable me frame) of our prerequisite program specifically: a.) Evalua on of the Standard Opera ng Procedures and Company Policies aﬀected b.) Evalua on of Qualified Individual/Employee Training procedures. 2. A er an evalua on of our Prerequisite Program, all changes will be documented, and appropriate measures will be taken to provide addi onal training of employee’s aﬀected in this area. These changes will be wri en into future Qualified Individual/Employee Training Procedures. 3. If a er Step 1 & 2 have been completed and infrac ons s ll exist, then an evalua on and development of Preven ve Controls may be necessary. Inspec on for Fiscal year 2020 what to expect: 1. CGMP inspec ons at all business sizes 2. PC Inspec ons will start in October 2019 for “Large” and “Small” businesses 3. Qualified Facili es must submit their a esta ons to FDA between October 1, 2019 and December 31, 2019 4. Rou ne inspec ons at “very small” businesses for compliance with 21 CFR 507.7 will begin in FY21 (October 2020) There have been many challenges this year that have taken your a en on and the squeaky wheel usually gets the grease. Don’t get lulled into the opinion that Wisconsin Agri-Business News Quarterly
this has been put on the back burner. I assure you that inspec ons are taking place and it will help you to be ready. Make sure that the paperwork for your programs is readily accessible, and that you review it at least monthly to keep it current. Too many mes it gets put on a shelf or packed away with other paperwork to be filed somewhere. FSMA is a living breathing program it is not something that gets completed and then you’re done. It must be con nually reviewed and be an important part of your day to day operaons. I had the opportunity to be making a visit at a facility when their inspector showed up. There was some scrambling taking place, people visibly stressed looking around for where their documenta on is and wondering if it is up to date. Another constant that happens is change, especially personnel changes. There have been a few cases where the person in charge of the program is no longer employed there. This may have been the person that was sent to get their PCQI training/cer ficate and now there is no one there to fill that spot. This is another great reason why you want to have a few people on your food safety team, and all of them becoming familiar with the facility’s food safety plan. Make sure that you have the basics done, especially qualified Individual / personal hygiene training. It doesn’t have to be fancy, but it does need to get done and be documented. For those of you that have had the CGMP inspec ons done already you know what I am talking about. These have been less intense to go through and some of the inspectors are learning about FSMA at the same me you are. But things are changing. I got a call from a facility the other day that had a great CGMP program in place and had their first inspec on. They, however, did get wri en up because they did not have their Hazard Analysis completed yet. Just another reminder that the deadline for compliance for all facili es has passed, and it is expected that you are in compliance. Let’s talk about being a qualified facility. If you are a very small business (a business, including any subsidiaries and aﬃliates, averaging less than $2,500,000, adjusted for infla on, per year, during the 3-year period preceding the applicable calendar year in sales of animal food plus the market value of animal food manufactured, processed, packed, or held without sale (e.g., held for a fee or supplied to a farm without sale)), You can file form FDA-3942b Qualified Facility A esta on for Animal food Facility, op ng out of having to complete the hazard analysis. That does not mean that you do not have to comply with 507 Part A. It is even more important to make sure that you have a strong CGMP program in place. I have seen a number of small mills that are under 2.5 million in sales and are very clean and organized. You get a certain feeling when you walk through the door that there is a WINTER 2019
culture of caring about the facility. This can transfer the feeling that this facility cares about manufacturing a safe animal food. The point being is that appearances go a long way with your CGMP’s. They are something that should be able to be observed. If you have the right parameters to become a qualified facility, you can either file the a esta on form with the FDA or complete a Hazard Analysis. If you file the a esta on form, you either have to a est to the fact that: A.) You have iden fied poten al hazards associated with the animal food being produced, are implemen ng preven ve controls to address the hazards, and are monitoring the performance of the preven ve controls to ensure that such controls are eﬀec ve (21 CFR 507.7(a)(2)(i)); or B.) You are in compliance with State, local, county, tribal, or other applicable non-Federal food safety law, including relevant laws and regula ons of foreign countries. This a esta on may be based on licenses, inspec on reports, cer ficates, permits, creden als, cer fica on by an appropriate agency (such as a State department of agriculture), or other evidence of oversight (21 CFR 507.7(a)(2)(ii)). As men oned above if you are going to file the form FDA-3942b, the deadline for filing is December 31st, 2019. When you file the a esta on form you need not file anymore paperwork to support your claims. You must have the documents available and up to date, when the inspector conducts the inspec on. Know that the FDA can withdraw your qualified facility exemp ons for the follow reasons: In the event of an ac ve inves ga on of a foodborne illness outbreak that is directly linked to the qualified facility (21 CFR 507.60(a)(1)); or If FDA determines that it is necessary to protect the public (human or animal) health and prevent or mi gate a foodborne illness outbreak based on condions or conduct associated with the qualified facility that are material to the safety of the animal food manufactured, processed, packed, or held at such facility (21 CFR 507.60(a)(2)). If your qualifica on parameters change and you are no longer eligible to be a qualified facility, you must voluntarily withdraw your exemp on. For Example, if your 3-year avg of sales combined with the value of stored grain processed by the facility, is no longer under 2.5 Million, you would no longer meet the criteria to be a qualified facility.
What else is happening: One of the big issues on everyone’s mind is the African Swine Fever (ASF). The current thinking is that it is not “if” it enters the USA but “when”. The mode of transporta on of the virus is most likely going to be human transference. The probability of the entrance of the disease through imported feed products, is significantly lower. This then leads to - what do we do about it? What kinds of protocols do we need to have in place, and what does an overall Biosecurity Plan for my facility look like? We will be talking about these more in depth in the breakout sessions at the Agribusiness Classic held in Madison at the Alliant Energy Center in January. There will be a FSMA update session in which we will also be discussing many items. One of these is, why do we rou nely test feed ingredients, what do we test them for, and what do we do with informa on once we get it. Looking down the road: We will be holding another PCQI training class this spring probably in March, so watch for that informaon coming out shortly.
January 2020 14-16 14 14 15 28
Wisconsin Agribusiness Classic ............................................ Alliant Energy Center, Madison WABA Annual Membership Mee ng ................................... Alliant Energy Center, Madison WABA Board of Directors Mee ng to Elect Oﬃcers ............ Alliant Energy Center, Madison WABA Industry Recep on .................................................... Alliant Energy Center, Madison UW Ag Outlook Forum ......................................................... UW Union South, Madison
February 4 4-5 10-12 19-20 TBD
Wisconsin Agriculture Day at the Capitol............................. Monona Terrace, Madison WABA Unmanned Aircra Cer fica on Training ................. Fox Valley Tech, Appleton State Associa on Washington Fly-In (ARA) .......................... Washington DC WABA EXECUTIVE Leadership Academy .............................. Madison College, Madison Agribusiness Classic Conven on Commi ee Mee ng ......... WABA Oﬃce
March 4 4 4 18-20
WABA Board of Director Mee ng ........................................ State Capitol, Madison WABA Day at the Capitol...................................................... State Capitol, Madison WABA PAC Event .................................................................. Genna’s Cocktail Lounge, Madison Custom Applicator Training .................................................. Fox Valley Tech, Appleton
April 13-17 27 28 29
Na onal Stand Up For Grain Safety Week ........................... Week Long Webinar Series WABA Regional Feed Mee ng ............................................. Machine Shed Restaurant, Appleton WABA Regional Feed Mee ng ............................................. 29 Pines Restaurant, Eau Claire WABA Regional Feed Mee ng ............................................. Wintergreen Resort, WI Dells
June 15-18 10-11 TBD 30
Wisconsin FFA Conven on ................................................... Alliant Energy Center, Madison Four States Dairy Nutri on Conference ............................... Grand River Center, Dubuque, IA State Associa on Washington Fly-In (NGFA) ........................ Washington DC WABA Board of Directors Mee ng....................................... TBD
July 16 TBD 21-23 23
WABA Safety Day Program ................................................... Wilderness Resort, WI Dells WABA Motorcycle Tour ........................................................ TBD WI Farm Technology Days .................................................... Eau Claire County WABA Scholarship Trap Shoot.............................................. Heart of WI Gun Club, WI Rapids
Wisconsin Agri-Business News Quarterly
August TBD 11-13 20 24-25 27
Classic Breakout Session Planning Mee ng ......................... Wintergreen Resort, WI Dells WABA Leadership Development Academy .......................... Madison College, Madison WABA Scholarship Golf Ou ng ............................................ Lake Arrowhead, Nekoosa Grain Grading Schools .......................................................... Wintergreen Resort, WI Dells WABA Scholarship Golf Ou ng ............................................ TBD
September 3 3 TBD 9/29-10/3
WABA Board of Directors Mee ng....................................... The Oaks Golf Course, Co age Grove WABA Scholarship Golf Ou ng ............................................ The Oaks Golf Course, Co age Grove WABA Legisla ve Agribusiness Tour .................................... TBD World Dairy Expo ................................................................. Alliant Energy Center, Madison
December 3 9
WABA Board of Directors Mee ng....................................... DATCP, Madison Discovery Farms Winter Conference.................................... Wintergreen Resort, WI Dells
January 2021 12-14
Wisconsin Agribusiness Classic ............................................ Alliant Energy Center, Madison
44 WINTER 2019
Wisconsin Agri-Business Assoc. 2801 International Lane, Suite 105 Madison, WI 53704