Kansas Grain and Feed Report - Summer 2020

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KANSAS GRAIN AND FEED ASSOCIATION

Summer 2020 Kansas Grain and Feed Association 816 SW Tyler Topeka, KS 66612 (785) 234-0461 ksgrainandfeed.org ASSOCIATION STAFF Ron Seeber President & CEO Randy Stookey Senior Vice President General Counsel Staci Storey Senior Vice President Chief Financial Officer Shari Bennett Vice President Event Planning Samantha Tenpenny Director of Member Services Lisa Anschutz Senior Director Internal Operations Sidney Storey Administrative Assistant Trae Green Associate Vice President External Affairs & Creative Services BOARD OF DIRECTORS Deb Miller Chairwoman

Kansas Grain and Feed Association (KGFA) has been working around the clock as events unfold during this unprecedented time in our world. We are doing our best to keep you informed on how COVID-19 decisions are affecting agribusiness. We held weekly phone meetings with Kansas Secretary of Agriculture Mike Beam where we relayed the message that even a temporary shut down of any aspect of production agriculture would be ill-advised and would have permanent detrimental consequences to Kansas and the country. A quick rundown of the services we’ve provided since publication of the previous Grain and Feed Report in April is on page 5.

TABLE OF

CONTENTS 03 PRESIDENT’S LETTER Farewell and happy retirement to Tom Meyer of Kansas Grain Inspection Service

13 KARB PROGRAM UPDATE An update on the Kansas Agricultural Chemical Remediation Program

04 INDUSTRY NEWS Updates on state, federal and industry news affecting your business

15 KGFA-AFFILIATED PPE DISTRIBUTORS If you need masks or PPE, these companies have you covered

11 AG DEREK SCHMIDT FIGHTS FOR INDUSTRY Kansas Attorney General Derek Schmidt submitted an amicus brief on behalf of the grain industry

Bob Tempel Vice Chairman Brent Emch Second Vice Chairman Gary Beachner Ted Behring Doug Biswell Brad Cowan Andrew Fullerton David Helfrich James Jirak Dub Johnson Mark Paul Troy Presley Devin Schierling Allen Williams

06 KANSAS STATEHOUSE INSIDER This was anything but a regular session given the current circumstances we’re facing in our country

14 KGFA UNVEILS NEW LOGO KGFA spent more than a year evolving its external-facing presence

Editors: KGFA staff Cover (iStock.com/Dmytro Shestakov) The Kansas Grain and Feed Report is published quarterly for the members, friends and affiliates of the Kansas Grain and Feed Association. Email contributions to KGFA, Attention: Trae Green, trae@kansasag.org. Annual subscriptions for members can be purchased for $25. © 2020 KGFA. View each newsletter online at ksgrainandfeed.org/printnewsletters. Advertising does not influence editorial decisions or content. KGFA reserves the right to refuse, reject, or cancel any ad for any reason at any time without liability.

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SERVING THE GRAIN HANDLING INDUSTRY IN KANSAS SINCE 1896

PRESIDENT’SMESSAGE RONALD SEEBER

President and CEO

Ron Seeber was hired as KGFA’s president and CEO in October 2017 after working for the association since July 2008. An expert in state and federal legislative affairs, Seeber also worked for Senator Bob Dole in policy and political capacities, and spent his entire career in the regulatory arena.

DEAR KGFA

MEMBERS

Those who know Tom recognize his integrity and honesty are without reproach and his work ethic knows no limitations.

September 2020 will sadly mark the end of an era for the Kansas grain industry. After 45 years with the Kansas Grain Inspection Service (KGIS), Tom Meyer will be retiring after a long and distinguished career. I want to use this opportunity to thank Tom for his service to our industry and note the long-lasting legacy his service will leave. Those who know Tom recognize his integrity and honesty are without reproach and his work ethic knows no limitations. Here is a little history about Mr. Meyer. He grew up on his family’s farm in Onaga, Kansas, where during high school, they Kansas Grain Inspection Service’s Tom Meyer, third from left blue shirt, moved to Belleville where his parents both at the Cranor Memorial Golf Tournament on August 11, 2020. Meyer is accepted teaching positions. retiring after 45 years working for Kansas Grain Inspection Service Inc. In July of 1975, he first joined the Kansas Tom’s leadership over the years at the Kansas Grain Inspection Service as a sampler in Grain Inspection Service has been exemplary. He its Belleville office. Just one year later, he quickly moved up the ranks to Inspector, and then moved to has always demonstrated an appreciation of the value of the partnership between KGIS and our manage the Colby location in 1981. Twelve years later, he moved to Topeka to become KGIS’ Assistant association. Like every good leader, he has a team that is second to none who will fill his shoes well. Director. When KGIS privatized in 1997, Tom was Mr. Meyer may be heading off to golf, travel, enjoy appointed Vice President of the newly-formed a good beer and to spend time with Paula and the corporation and named President in 2000. family (especially the grandkids). However, KGIS Over the years, Tom has given much of his time will be in excellent shape for years to come. to serve on the Federal Grain Inspection Service Advisory Committee, Federal Research Coordinating If you get a chance, be sure to thank Tom Meyer Team and the Federal Sorghum Odor Task Force. He for his service to the grain industry. is also a past president of the American Association of Grain Inspection & Weighing Agencies and currently serves on its Board of Directors. In 2015, Tom was the recipient of the esteemed RONALD C. SEEBER Sunflower Award, Kansas Grain and Feed Association’s most prestigious award given annually President and CEO Kansas Grain and Feed Association to recognize someone who has made a significant ron@kansasag.org and notable contribution to our industry and our association. Summer 2020

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KANSAS GRAIN AND FEED ASSOCIATION

KGFA & NGFA push for grain standards re-authorization Kansas Grain and Feed Association (KGFA) & National Grain and Feed Association (NGFA) are actively influencing the reauthorization of the United States Grain Standards Act prior to its expiration on Sept. 30, 2020. Under the bipartisan leadership of Senate Agriculture Committee Chairman Pat Roberts and Ranking Member Debbie Stabenow the USGSRA of 2020 passed through committee on June 24 by a voice vote. First signed into law in 1916, the U.S. Grain Standards Act led to a uniform system of official grain inspection practices that benefit the entire agricultural value chain from the farmer to the grain handler and ultimately to the consumer. The U.S. Grain Standards Act expires on Sept. 30, 2020, but with YOUR help we can extend this law that is critical to the associations’ members. NGFA took a lead role in working with Senate Agriculture Committee Chairman Pat Roberts (R-KS) and Ranking Member Debbie Stabenow (D-MI) to improve and reauthorize the U.S. Grain Standards Act, which passed in June by a voice vote. The USGSRA extends a number of expiring provisions including the ability of Congress to appropriate federal dollars to the Federal Grain Inspection Service (FGIS), the authority of FGIS to charge user fees for supervising state agencies’ export inspections, as well as the authority for the Grain Inspection Advisory Committee to function. In addition the USGSRA includes the following improvements: 4

Grain and Feed Report

• Requires delegated state agencies to notify users of Official inspection or weighing services at least 72 hours in advance of any intent to discontinue such services; • Ensures FGIS user fees are directed solely to inspection and weighing services; • Includes reporting requests for waivers, exceptions and other specific services

received and granted by FGIS; and • Directs FGIS to complete a comprehensive review of the current boundaries for the officially designated grain inspection agencies in the domestic marketplace. For more information contact NGFA’s Bobby Frederick, Vice President of Legislative Affairs and Public Policy.


SERVING THE GRAIN HANDLING INDUSTRY IN KANSAS SINCE 1896

KANSAS

COVID-19 NEWS

KGFA helps secure motor carrier extension KGFA During the Pandemic Kansas Grain and Feed Association (KGFA) has been working around the clock as events unfold during this unprecedented time in our world. We are doing our best to keep you informed on how COVID-19 decisions are affecting agribusiness. We held weekly phone meetings with Kansas Secretary of Agriculture Mike Beam where we relayed the message that even a temporary shut down of any aspect of production agriculture would be ill-advised and would have permanent detrimental consequences to Kansas and the country. A quick rundown of the services we’ve provided since publication of the previous Grain and Feed Report in April is below:

Kansas Grain and Feed Association (KGFA) has been working with the Kansas Highway Patrol and Governor Laura Kelly to extend truck weight waivers amidst the COVID-19 pandemic. With the shortage of licensed truck drivers an ever-growing issue, KGFA has heard from several members who have been able to effectively utilize Governor Laura Kelly’s executive orders which allow motor carriers and persons operating commercial vehicles actively participating in COVID-19 relief and restoration efforts to haul up to 10 percent more than their licensed weight on Kansas highways, not to exceed 90,000 pounds. KGFA has been successful in getting the order renewed three times, including on July 14 when the Governor extended it to August 14, 2020. KGFA and the Kansas Highway Patrol (KHP) have submitted a request to the Governor’s Office for further extension of the Executive Order. However, if it doesn’t get approved/signed by the August 15, KHP has directed KGFA to act as if the Governor’s Office has extended the EO, unless and until we receive the governor’s extension or the extension request is declined. KGFA will update its membership on any new developments. 1. In accordance with the FMCSA’s declaration under Title 49 C.F.R. § 390.23(a)(l)(i), Title 49 C.F.R §§ 390-399 are hereby suspended for motor carriers and persons operating commercial vehicles

actively participating in COVID-19 relief or restoration efforts, except that 49 C.F.R. §§ 392.2, 392.3, 392.80, and 392.82 remain in effect. 2. Motor carriers and persons operating commercial vehicles actively participating in COVID-19 relief and restoration efforts may haul up to 10% more than their licensed weight on Kansas highways, not to exceed 90,000 pounds. 3. All other applicable state and federal regulations shall continue to apply, including but not limited to: Title 49 C.F.R. Part 382, Controlled Substances and Alcohol Use and Testing; the Kansas Motor Vehicle Driver’s License Act, K.S.A. 8-234 et. seq., and Title 49 C.F.R. Part 383 Commercial Driver’s License Standards as adopted by the Kansas Uniform Commercial Drivers’ License Act, K.S.A. 8-2,125 et. seq., the federal Minimum Levels of Financial Responsibility (insurance requirements) Title 49 C.F.R. Part 387 as adopted by K.A.R. 82-4-3n and state insurance requirements as provided in K.A.R. 82-4-23; and, adherence to the regulations governing the Transportation of Hazardous Materials as provided Title 49 C.F.R. 397 and adopted by K.A.R. 82-4-3k and Parts: 107, 171-173, 177, 178 and 180 as adopted Continued on Page 8

APRIL 09, 2020 Distributed the Department of Labor’s Occupational Safety and Health Administration new enforcement guidance on the use of respiratory protection equipment certified under international standards or other jurisdictions during the coronavirus disease pandemic. APRIL 14, 2020 Contacted the Kansas Highway Patrol and Governor Laura Kelly for an extension to the 10 percent weight waiver up to 90,000 lbs for trucks hauling essential goods and supplies. APRIL 16, 2020 Distributed Governor Laura Kelly’s official extension of the statewide stay at home order.

Summer 2020

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KANSAS GRAIN AND FEED ASSOCIATION

Statehouse

INSIDER By: Randy Stookey

The Kansas Legislature was initially scheduled to return for a full veto session in April, but that date was postponed in response to concerns over the COVID-19 pandemic. On Thursday, May 21, the Kansas legislature returned for what we anticipated to be one final day of business in 2020. Through 24 straight hours of debate and deliberation, conference committees met and assembled multiple bill packages. The lawmakers left, anticipating the end of their work schedule until Governor Laura Kelly called them back. 6

Grain and Feed Report


SERVING THE GRAIN HANDLING INDUSTRY IN KANSAS SINCE 1896

The Kansas Legislature was initially scheduled to return for a full veto session in April, but that date was postponed in response to concerns over the COVID-19 pandemic. On Thursday, May 21, the Kansas legislature returned for what we anticipated to be one final day of business in 2020. Through 24 straight hours of debate and deliberation, conference committees met and assembled multiple bill packages. The lawmakers left, anticipating the end of their work schedule until Governor Laura Kelly called them back. Before being called back by Kelly later in the month, the truncated timeframe with which the legislature had to conduct its final business, leadership limited action to only those bills which were arguably related to the pandemic. The weighty issue of Medicaid expansion came up only once, in the Senate, as an attempted amendment. COVID-RESPONSE BUNDLE BILL The last, and most complex, piece of legislation passed by the legislature before

returning was Conference Committee Report on Senate Substitute for HB 2054. The legislation included, inter alia, the following: Kansas Emergency Management Act – The legislature implemented statutory changes to the Kansas Emergency Management Act (KEMA). These changes – recommended by Kansas Attorney General Derek Schmidt – limit the Governor’s authority by requiring the Governor to receive permission from the State Finance Council before issuing any new COVID-19-related emergency proclamation. In addition, the State Finance Council – made up of legislative leadership – must approve any new emergency proclamation that would order the closure of any business. Other changes to the KEMA require the Board of County Commissioners to approve any order issued by a local health officer. Corporate Limited Liability re COVID – Other provisions of the bill create the “COVID-19 Response and Reopening for Business Liability Protection Act” to provide limited-liability protections to businesses

and other organizations, and to health care providers, from claims of injury, other than for gross negligence, related actions resulting in COVID-19 exposure. The legislation also provided product liability limitations for companies making certain products to assist with the COVID-19 pandemic. Unemployment Insurance Amendments – Amended Kansas unemployment compensation law to make it consistent with federal guidelines to ensure that Kansas remains eligible to receive COVID-related federal funds for the state’s unemployment compensation program. Federal COVID-Relief Funds – Kansas looks to receive approximately $1.25 billion in federal pandemic relief funds (through the federal CARES act). The funds may be used for expenses directly-related to the pandemic. This bill sets out the oversight and appropriation process for these funds through the Legislative Budget Committee.

Continued on Page 10

Summer 2020

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KANSAS GRAIN AND FEED ASSOCIATION

KANSAS

COVID-19 NEWS

KGFA HELPS EXTEND WAIVER

ON TRUCK WEIGHTS

Continued from Page 5

by K.A.R.82-4-20. 4. The licensing, certification, and permitting rules and regulations as required by the Kansas Corporation Commission are temporarily suspended for motor carriers and persons operating commercial vehicles actively participating in COVID-19 relief or restoration efforts. 5. The registration and fuel tax permits as enforced by the Kansas Department of Revenue are temporarily suspended for motor carriers and persons operating commercial vehicles actively participating in COVID-19 relief or restoration efforts. 6. Motor carriers and persons operating commercial vehicles actively participating in COVID-19 relief or restoration efforts must still obtain the requisite over­-dimension/ overweight permits as required by the Kansas Department of Transportation prior to operating; however, the fees associated with these permits are temporarily waived.

ASK ABOUT

7. Except as specifically stated in this order, all other state motor carrier laws or regulations remain in full force and effect. 8. This order supersedes any contrary order by any local health department regarding motor carriers and should be read in conjunction with previous executive orders responding to the COVID-19 pandemic. Any contrary provision in previous executive orders is superseded by this order. This document shall be filed with the Secretary of State as Executive Order No. 20-57. It shall become effective immediately and remain in force until rescinded, until 11:59 p.m. on August 14, 2020, or until the statewide State of Disaster Emergency extended by House Bill 2016 enacted during the June 2020 special session relating to COVID-19 expires, whichever is earlier.

KGFA During the Pandemic APRIL 17, 2020 Distributed information on the Department of Homeland Security and USCIS temporary final rule to amend certain H-2A requirements to help U.S. agricultural employers avoid disruptions in lawful agricultural-related employment, protect the nation’s food supply chain, and lessen impacts from the coronavirus (COVID-19) public health emergency. APRIL 21, 2020 Distributed a question and answer session from the Federal Motor Carriers Safety Administration regarding state driver licensing agencies and commercial driver’s license holders during the pandemic. APRIL 29, 2020 Postponed our elevator safety and maintenance workshops to comply with state guidance and allow our membership a safe place to learn at a later date. APRIL 30, 2020 Distributed Governor Laura Kelly’s official plan to re-open Kansas. MAY 18, 2020 Contacted the Kansas Highway Patrol and Governor Laura Kelly for an extension to the 10 percent weight waiver up to 90,000 lbs for trucks hauling essential goods and supplies. JUNE 2, 2020 Distributed a list of KGFA-affiliated personal protection equipment distributors.

WINTER DISCOUNTS

AVAILABLE!

785-544-7771

JUNE 29, 2020 Distributed information on Governor Laura Kelly’s statewide mask mandate. JULY 15, 2020 Once again contacted the Kansas Highway Patrol and Governor Laura Kelly for an extension to August 14, 2020 of the 10 percent weight waiver up to 90,000 lbs for trucks hauling essential goods and supplies. AUGUST 13, 2020 Distributed information regarding the Kansas Dept. of Commerce’s state grant program for businesses affected by the pandemic. Let us know how we can help. If there’s anything your association can do to better serve you, please reach out by phone: 785.234.0461 or by email (membership@kansasag.org).

785.544.7771

HIAWATHA, KS

WWW.JADEMILLWRIGHTS.COM

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SERVING THE GRAIN HANDLING INDUSTRY IN KANSAS SINCE 1896

Summer 2020

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KANSAS GRAIN AND FEED ASSOCIATION

Statehouse

INSIDER

Continued from Page 7

ANOTHER TRIP BACK TO TOPEKA On May 26, Governor Kelly announced she would use her constitutional authority to call the Kansas Legislature back in to a Special Session on June 3. The intent behind doing so was for her to veto CCR on Sen Sub for HB 2054, which passed during the marathon 24-hour session, and would have restricted the Governor’s authority to issue emergency disaster orders under the Kansas Emergency Management Act. She directed the legislature to return to Topeka and asked that they pass a bill to extend her current emergency orders under the Act. The Legislature reconvened as requested and quickly passed House Bill 2016 as an amended version of the previous COVID-19 legislation. House Bill 2016 provides limited liability protections for businesses who manufacture or sell personal protective equipment as well as protections for businesses from lawsuits for potential COVID-19 exposure on their premises. Additionally, the bill amends the Kansas Emergency Management Act by strengthening legislative oversight of executive powers. Importantly, the bill also ratifies Governor Kelly’s COVID-19 state of disaster emergency Orders that were initially declared on March 12, 2020. These Orders were later continued by a concurrent resolution of the Legislature, and extended by the State Finance Council through May 26, 2020. Under House Bill 2016, the Orders are extended until September 15, 2020. The Governor has signed this bill. Following the final day of the legislative session on May 21st, Governor Kelly took action on the following bills that had been previously passed by the legislature: ELECTRIC UTILITY RATE RELIEF Kansas has some of the highest electric utility rates in our region. To make Kansas a more competitive state to live and conduct business, the legislature passed Senate Substitute for House Bill 2585. This bill lowers electric utility rates for rate payers by exempting certain public utilities from paying an income tax and requiring the saving to be passed directly to the rate payers through 10

Grain and Feed Report

lower rates. This measure is estimated to save over 2 million Kansas residential and industrial rate payers over $40 million annually. The bill, which was supported by the Kansas Grain and Feed Association, Renew Kansas Biofuels Association, Kansas Agribusiness Retailers Association, and others. The bill was signed into law by Governor Kelly PROPERTY TAX RELIEF The legislature held hearings on more than a dozen bills this year offering property tax relief. Eventually, however, the legislature only passed one property tax bill: Conference Committee Report on House Bill 2702. In an attempt to increase transparency in the property tax process, the bill would have required county commissioners to hold a public hearing, and a public vote, in order to increase the local mill levy above a “revenue-neutral” rate. Governor Kelly vetoed this bill. ECONOMIC RECOVERY LINKED DEPOSIT LOAN PROGRAM The legislature passed a bill which would have created a new Economic Recovery

Linked Deposit Loan Program for businesses in response to the economic downturn caused by the COVID-19 pandemic. This 10-year program would have made up to $60 million available for low-interest (2% below market rate) loans to business. The measure, was supported by Kansas Grain and Feed Association, Kansas Agribusiness Retailers Association, Renew Kansas Biofuels Association. Governor Kelly vetoed this bill. KANSAS PROMISE SCHOLARSHIP ACT The legislature passed Conference Committee Report on House Bill 2510, a bill which would establish the Kansas Promise Scholarship Act (KPSA). The Program would provide scholarships to eligible students for up to two years to attend an eligible postsecondary educational institution in an associate degree program, career and technical education program, or baccalaureate degree completion program. The bill was supported by the Kansas Grain and Feed Association, Kansas Agribusiness Retailers Association, and Renew Kansas Biofuels Association. Governor Kelly vetoed this bill.

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SERVING THE GRAIN HANDLING INDUSTRY IN KANSAS SINCE 1896

Attorney General Derek Schmidt, back middle, annually meets with Kansas Grain and Feed Association and Kansas Cooperative Council staff in January prior to the beginning of the legislature.

AG Derek Schmidt fights for agribusiness amidst Dakota Access Pipeline case In late April, Kansas Attorney General Derek Schmidt told a federal court the Dakota Access Pipeline should continue operating while an environmental impact study remains pending because shutting down the pipeline would shift millions of barrels of oil to rail transportation, clogging the rail system at the expense of farmers and agribusinesses in the midst of the COVID-19 pandemic. Schmidt, along with the attorneys general of 13 other states, filed an amicus brief with the U.S. District Court for the District of Columbia arguing that if an easement allowing operation of the pipeline is vacated, the market will demand that as much North Dakota oil as possible be diverted to the railroads that currently transport grain produced in Kansas and the other states. Subsequently, that lack of rail transportation for grain would lead to higher transportation costs for Kansas farmers and agribusinesses and could contribute food shortages amidst the global COVID-19 pandemic. Since the North Dakota oil ordinarily carries a higher value than grain, the attorneys general argue in the brief, shutting down the pipeline likely would displace railroad grain cargo in favor of oil and bring back transportation-market conditions that existed before the pipeline became operational in 2017. Some of those conditions included intractable railroad congestion, rotting grain that could not be moved for lack of rail capacity, higher food prices and, ultimately, a potential for food

shortages. “The grain processing industry, struggling during a short-term slow-down in demand during the COVID-19 pandemic, already faces challenging market conditions,” Schmidt wrote in the brief. “If grain cannot be shipped from its origins and is stranded across the Midwest, swaths of grain customers with time-critical needs—such

as animal feedlots that demand grain each day—would quickly fail, with staggering implications for animal welfare and food security. The most food-secure nation on earth could well experience food shortages, to say nothing of the consequences for developing nations whose industries and food security also rely on American grain exports.”

Summer 2020

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KANSAS GRAIN AND FEED ASSOCIATION

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DONOR $1,250 Agri Trails Coop B-R-C Bearing Company, Inc. Conestoga Energy Partners LLC Cornerstone Ag LLC D.E. Bondurant Grain Co. Farmers Cooperative Equity Co. Frisbie Construction Co., Inc. Frontier Ag Inc. INTRUST Bank N.A. Korol Financial Group LLC Midland Marketing Coop Inc. Midway Coop Assn. Skyland Grain LLC WindRiver Grain LLC

GIVER $750 BarnesCo Inc. Central States Fumigation & Services Central Valley Ag Cooperative Cline Wood A Marsh and McLennan Agency LLC Company Cloud Co. Coop Elev. Assn. Concordia Terminal LLC Drake Inc. Farmers Union Mercantile & Shipping Assoc. HABCO Inc. IBT Industrial Solutions Kansas Coop Council Kanza Coop Assn. MFA/AgChoice Pride Ag Resources Rolfes @ Boone Valley Coop, Inc.


SERVING THE GRAIN HANDLING INDUSTRY IN KANSAS SINCE 1896

Ag Chemical Remediation Reimbursement Program The Agricultural Chemical Remediation Reimbursement Program (Program) provides financial reimbursement of expenses incurred while conducting remediation (cleanup) activities for agricultural chemical and fertilizer contamination. The Program is financed by fees on the commercial grain storage, ag-chemical, and fertilizer industries. The reimbursement program is administered by the Kansas Agricultural Remediation Board (KARB). In March of this year, after 19 years of service on the KARB, Board Chairman Larry Shivers stepped off of the board. Our industry is extremely appreciative of all of Larry’s leadership, hard work, and dedication in both developing this program and ensuring its success for so many years. Governor Laura Kelly appointed Kevin Dieckmann, Olathe, to fill the specialty chemical distributor seat on the Board, replacing Larry Shivers. Kelly also appointed Jodi Guetterman, Bucyrus, to fill the agricultural-producer seat on the Board. In addition, Kelly reappointed Kamyar Nikoomanesh, Lenexa, as the agricultural processor representative to the board, and also appointed him as the new Board Chairman. During the June 2020 KARB board meeting, KARB reimbursed 29 applicants a total of $150,586.57. The next KARB meeting will be held on Friday, Sept. 11, 2020. The deadline to submit applications prior to that meeting is August 14, 2020. There is currently no back-log of applications

to the fund, and applications are generally able to be reviewed for reimbursement in the quarter that they are submitted. If your facility is conducting agricultural chemical remediation activities either ordered by the Kansas Department of Health

and Environment, or agreed to under the state Voluntary Cleanup Program, please submit an application for reimbursement to the Board. The application form and information about the program are available at www.karb.org.

Summer 2020

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KANSAS GRAIN AND FEED ASSOCIATION

KGFA Unveils Refreshed Logo Following more than a year of conceptualizing, planning, sketching and revisions Kansas Grain and Feed Association (KGFA) has raised the curtain on its newly redesigned logo. KGFA began evolving its external facing presence nearly three years ago by rebuilding its database and accompanying website, launching a mobile app and now, refreshing its logo. “In today’s business world our digital platforms, including our logo, act as our association’s front door and provide a first impression,” KGFA’s president and CEO Ron Seeber said. “We felt it was time to refresh and modernize our door to be strong and encouraging for our membership as well as inviting to new potential members.” The new logo honors KGFA’s storied 124year history by maintaining a shade of green the association has become synonymous with, but also provides a new perspective of a grain elevator and Kansas’ crops. The elevator is intended to be seen from its base, looking straight toward the top, while the duotone shading provides depth and shows the sun hitting the elevator from the top and casting shade below, giving the structure a sense of power. 14

Grain and Feed Report

“We were careful to respect our past while pushing forward and creating a new visual identity portraying the association as being built on a strong foundation – which we are,” Seeber said. The photo above consists of two scale elevators KGFA owns, which assisted in the production of an accompanying video the logo was released with detailing the storied history of the association and the everlasting impact of the grain elevator on Kansans. The video is available on KGFA’s Facebook page. The transition to the new logo will be implemented using a cost-optimized, resource-conserving approach. KGFA will immediately implement the refreshed logo on its digital platforms, but will deplete its already purchased stock of printed materials prior to making a permanent switch.

President and CEO Ron Seeber “We were careful to respect our past while pushing forward and creating a new visual identity portraying the association as being built on a strong foundation – which we are.”


SERVING THE GRAIN HANDLING INDUSTRY IN KANSAS SINCE 1896

KGFA-Affiliated PPE Distributors

As enacted on July 3, 2020, Governor Laura Kelly has signed Executive Order No. 20-52 requiring face masks to be worn in public. Each Kansas county has the authority to revoke the order. KGFA has compiled a list of personal protective equipment and mask distributors. Those highlighted are affiliated with KGFA, while the complete list can be found on page 17.

LAURA KELLY Governor, State of Kansas

I have issued an Executive Order requiring that most Kansans wear a mask while in public spaces, and in places where one is unable to maintain social distancing of six feet. Wearing a mask is the easiest, most basic step we can take to keep Kansans healthy and keep Kansas open for business.

Effective at 12:01 a.m. on Friday, July 3, 2020, any person in Kansas shall cover their mouth and nose with a mask or other face covering when they are in the following situations: • Inside, or in line to enter, any indoor public space; • Obtaining services from the healthcare sector in settings, including but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank;1 • Waiting for or riding on public transportation or while in a taxi, private car service, or ride-sharing vehicle; • While outdoors in public spaces and unable to maintain a 6-foot distance between individuals (not including individuals who reside together) with only infrequent or incidental moments of closer proximity. • Also effective at 12:01 a.m. on Friday, July 3, 2020, all businesses or organizations in Kansas must require all employees, customers, visitors, members, or members of the public to wear a mask or other face covering when:

• Employees are working in any space visited by customers or members of the public, regardless of whether anyone from the public is present at the time; • Employees are working in any space where food is prepared or packaged for sale or distribution to others; • Employees are working in or walking through common areas, such as hallways, stairways, elevators, and parking facilities; • Customers, members, visitors, or members of the public are in a facility managed by the business or organization; or • Employees are in any room or enclosed area where other people (except for individuals who reside together) are present and are unable to maintain a 6-foot distance except for infrequent or incidental moments of closer proximity. For full details on the mask ordinance, visit with your local county health official, refer to the website created by the Kansas Chamber (kansaschamber.org/county-face-masks), or refer to the Governor’s official Executive Order (governor.kansas.gov/executiveorder-no-20-52/). Summer 2020

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IBT INDUSTRIAL SOLUTIONS IBT Industrial Solutions is a full-service industrial supplier, servicing hundreds of industries across the Midwest and offering thousands of product SKU’s, in addition to safety & PPE , grain handling products as well as our training and consulting services. Our knowledge, together with our expansive network of manufacturing partners, provides top-quality, innovative solutions, tailored to the needs of each customer. EMAIL PHONE jcrockford@ibtinc.com 316.946.5761

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KC SUPPLY CO. There is nothing more critical than keeping yourself and your employees safe. KC Supply Company offers an expansive collection of safety equipment and clothing. We carry everything you need to ensure a safe working environment. These products include: fall protection equipment, gas monitors, grain entrapment rescue devices, PPE, respirators, proper lighting, signs, locks, and emergency and rescue equipment. Keep workers safe from potential hazards and reduce risk of workplace injuries by making the proper safety equipment available at your facility. EMAIL PHONE WEBSITE kcsupply@kcsupply.com 1.800.527.8775 kcsupply.com

M&M SPECIALTY SERVICES As a company, M&M Specialty Services has been a member of the Grain Elevator and Processing Society (GEAPS) since 2012, the Kansas Grain and Feed Association since 2012, the Texas Grain and Feed Association since 2016, and the Oklahoma Grain and Feed Association since 2012. We specialize in Protecting Your People with the best in quality and affordability in Personal Protection Products from head to toe and beyond, as well as, Protecting Your Products by supplying you with field tested, quality products for pre-treating empty bins and facility areas – Grain Protectants – IGR’s – and Fumigants. EMAIL PHONE WEBSITE mmspecialtyservices@gmail.com 913.705.0690 mmspecialtyservices.com

MASKS FOR MANHATTAN Hello! The current COVID pandemic has changed the way the world operates in many ways, one being the wearing of masks. Manhattan, Kansas and the surrounding communities are no exception to this new reality. The mission of Masks for Manhattan is to provide high quality masks to the businesses, groups, and individuals of the community so we can get back to being together--safely. EMAIL masksformanhattan@gmail.com 16

Grain and Feed Report

PHONE WEBSITE 785.477.9210 masksformanhattan.wixsite.com


SERVING THE GRAIN HANDLING INDUSTRY IN KANSAS SINCE 1896

ORGANIZATION

PHONE

EMAIL

Ferguson Enterprises W.W. Grainger HD Supply Motion Industries/ Genuine Parts The Fastenal Company Rexel Wesco International McMaster-Carr MSC Industrial Supply Hagemeyer /Vallen Distribution Applied Industrial Technologies Amazon Business Airgas, An Air Liquide Company MRC Global Corp. Winsupply Wurth Industry North America Wolseley Industrial Group PVF The Home Depot Watsco Core & Main NOW Inc./ DistributionNOW Hajoca SunSource F.W. Webb DXP Enterprises Inc Kaman Industrial Technologies Global Industrial Bearing Distributors Inc. Edgen Murray Turtle & Hughes SBP Holdings Inc. Wajax Corp OTP Industrial Solutions BlackHawk Industrial DGI Supply RS Hughes Co. Lawson Products Hisco, Inc. Purvis Industries Dillon Supply Company Kimball Midwest Neogen Corporation Soteria International LLC HALO Branded Solutions

757-874-7795 847-535-1000 770-852-9000 678-934-5000 877-507-7555 1 428 8500 412-454-2200 630-833-0300 800-645-7270 800-932-3746 877-279-2799 None 855-625-5285 877-294-7574 937-294-533 346-708-2715 757-874-7795 800-466-3337 305-714-4100 1-314-432-4700 1-281-823-4700 214-343-1888 888-786-7723 781-272-6600 713-260-2592 877-526-2647 None 1-803-799-0834 1-713-268-7200 1-732-574-3600 ext 3300 1-713-674-2266 1-905-624-5611 1-800-837-6827 1-855-610-1001 1-800-923-6255 1-510-562-3348 1-773-304-5050 1-877-447-2650 1-214-358-5500 1-919-838-4200 1-614-219-6100 517-372-9200 404-291-0017 None

kevin.murphy@ferguson.com dg.macpherson@grainger.com joseph.deAngelo@hdsupply.com – daniel.florness@fastenal.com patrick.berard@rexel.com jj.engel@wesco.com james.delaney@mcmaster.com gershwinde@mscdirect.com – nschrimsher@applied.com – PASCAL.VINET@AIRGAS.COM andrew.lane@mrcglobal.com – – – Craig_Menear@homedepot.com anahmad@watsco.com steve.leclair@coreandmain.com dick.alario@dnow.com RFantham@hajoca.com dsacher@sunsrce.com Jeff.Pope@fwwebb.com dlittle@dxpe.com Neal.keating@kaman.com – carl.james@bearingdistributors.com dan.oleary@edgenmurray.com randy@turtle.com dfritzinger@rwconnection.com mfoote@wajax.com pderrow@otpnet.com john.mark@blackhawkid.com jhobbs@dgisupply.com bmccollum@rshughes.com michael.decata@lawsonproducts.com robert.dill@hisco.com bob.purvis@purvisindustries.com dwagoner@dillonsupply.com Pat.Mccurdy@kimballmidwest.com jadent@neogen.com nikki@soteriaimports.com

Summer 2020

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KANSAS GRAIN AND FEED ASSOCIATION

INDUSTRYnews DOT Modernizes HOS Rules

DOT published a final rule updating the hours of service (HOS) rules for drivers of commercial motor vehicles. Source: Asmark Institute

DOT published a final rule updating the hours of service (HOS) rules for drivers of commercial motor vehicles. The rulemaking was originally proposed in August 2019. The key revisions extend the maximum duty period allowed under the short-haul exception to 14 hours and to 150 air miles. The rule allows a driver to extend the maximum “driving window” by up to 2 hours during adverse driving conditions. It requires a 30-minute break after 8 hours of driving time (instead of on-duty time) and allows

on-duty/not driving periods to qualify as breaks. The sleeper-berth exception was also modified to allow drivers to split their required 10 hours off duty into two periods: an 8/2 split, and a 7/3 split—with neither period counting against the driver’s 14-hour driving window. The new hours of service rule will have an implementation date of 120 days after publication in the Federal Register.

EPA Accepts Comments on Pethoxamid EPA has accepted comments on a proposed decision to register the new pesticide active ingredient, pethoxamid a broad-spectrum herbicide that inhibits seedling shoot growth. Pethoxamid provides a new active ingredient for the control of grasses and some broadleaf weeds. Pethoxamid can provide a shorter plantback interval than available alternatives, leading to enhanced crop rotation or cover-crop flexibility. If used in conjunction with or in rotation with other mechanisms of action, pethoxamid could be an element

of resistance management programs. The Agency is proposing to register one technical product and two end-use products to control various types of annual grasses and broadleaf weeds in soybean, cotton, and corn. EPA has evaluated the toxicity for pethoxamid and has not identified any human health or ecological risks that require additional mitigation beyond what is already included on the mandatory product label provided with pethoxamid. The public comment period closed on June 17.

EPA has accepted comments on a proposed decision to register the new pesticide active ingredient, pethoxamid - a broad-spectrum herbicide that inhibits seedling shoot growth. Source: Asmark Institute

DOT Extends Waiver for CDL Drivers

DOT has extended the waiver for expiring Commercial Driver’s Licenses (CDLs) and permits until September 30, 2020 in response to the COVID-19 public health emergency. Source: Asmark Institute

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Grain and Feed Report

DOT has extended the waiver for expiring Commercial Driver’s Licenses (CDLs) and permits until September 30, 2020 in response to the COVID-19 public health emergency. Many CDL holders have been unable to renew their licenses and are unable to provide medical certificates to their State Driver Licensing Agencies. In addition, many medical providers have canceled regularly scheduled appointments and drivers have been unable to obtain appointments for physical examinations with medical examiners who comply with the Federal Motor Carrier Safety Regulations.

Drivers claiming relief under this waiver must continue to carry a paper copy of their expired medical certificate. Asmark will continue to mark drivers that fall within the specified time-frame of the waiver as “Attention Needed” on both Snapshots and the monthly status reports. If your physician is accepting appointments, please don’t wait until the last minute to get your records updated.


SERVING THE GRAIN HANDLING INDUSTRY IN KANSAS SINCE 1896

INDUSTRYnews EPA Releases Temporary Guidance on Respiratory Protection EPA has provided temporary guidance regarding respiratory protection requirements for agricultural pesticide handlers during the COVID-19 public health emergency. The temporary guidance provides for the use of alternative NIOSH-approved respirators offering equivalent or greater respiratory protection than those required on the pesticide label. It encourages hiring commercial applicator services with enough respirators and respiratory protection capabilities or opting to use agricultural pesticide products that do not require respirators. Lastly, pesticide applications could be delayed until another compliant option is available.

If all of those options have been exhausted, EPA’s guidance provides additional options with strict terms and conditions. These include the reuse and extended use of disposable N95 filter facepiece respirators, the use of “expired” respirators, the use of respirators certified in certain other countries or delaying the annual respirator “fit test.” EPA will, on a case-by-case basis, exercise its enforcement discretion for violations of respirator-related requirements provided that handlers and handler employers demonstrate that they have exhausted all available compliance options.

EPA has provided temporary guidance regarding respiratory protection requirements for agricultural pesticide handlers during the COVID-19 public health emergency. Source: Asmark Institute

Security Vulnerability Assessment The Asmark Security Vulnerability Assessment (SVA) is one of the first steps in developing your DOT security plan or enhancing security at your facility. It lists the materials you handle and identifies those with the potential for use as a weapon or target. It also provides for a full review of your current activities and operations from an operational and transportation security perspective. The SVA was expanded in 2014 to provide more emphasis on DOT issues and additional layers of security, which are programmed into the model and accredited by the Center for Chemical Process Safety (CCPS). Facilities that complete the assessment will receive a list of recommended countermeasures to help offset their vulnerabilities, along with site-specific information required in preparing their DOT Security Plan. The countermeasures can be used to further hone security at the facility and for transportation of hazardous materials. Facilities are prompted throughout the year regarding the status of their SVA in multiple ways: •Snapshots displays the facility’s numerical score, indicating the level of risk and when the last SVA was completed. For ESP facilities, the red light will come on when the SVA expires. •Lighthouse Executive Summary,

provided as a mid-year checkup, will include information about the SVA if the facility does not have a current one on file. Instructions are provided on how to complete an SVA. •Compliance Wizard used during the annual compliance “visit” will provide details about the facility’s SVA, and whether a current one is on file or not. If one needs to be completed or updated, it will be an action

item on the facility’s “To-Do” list. A completed SVA that places the facility in a Low Risk status, should be reviewed every three years for updates; a Medium Risk status should be reviewed annually; and a High Risk status should be continually reviewed and countermeasures addressed until the facility is placed in at least a Medium Risk status.

INTRUST knows ag lending like we’ve been at it for 140 years.

Our founder, C.Q. Chandler II, built INTRUST Bank on his unique motto – “You do business with people, not companies.” His values-based approach has helped INTRUST earn farmers’ trust for more than a century, and we still do business that way today. Strong relationships and clear communication always come first – that’s Tradition for Today.

David White 316-383-1435

Shawn Eidson 316-383-1368

Quinton Smith 316-383-1900

Ryan Reh 316-383-1367

intrustbank.com | © 2020 INTRUST Bank

Source: Asmark Institute 49989-1_AgLending_GrainandFeedAssoc_ac.indd 1

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INTRUST

Trim (Flat Size): 4.75"w × 3.75"h

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Summer 2020 12/23/19 2:38 PM

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KANSAS GRAIN AND FEED ASSOCIATION

INDUSTRYnews OSHA Revises Guidance for Recording COVID

OSHA has issued a memo to update guidance for recording cases of COVID-19 as an occupational illness. Source: Asmark Institute

OSHA has issued a memo to update guidance for recording cases of COVID-19 as an occupational illness. Under OSHA’s recordkeeping requirements, COVID-19 is a recordable illness, and must be recorded if the case is a confirmed case of COVID-19, is work-related and involves one or more of the general recording criteria in the recordkeeping regulation. Given the nature of the disease, in many instances it remains difficult to determine whether a COVID-19 illness is work-related, especially when an employee has experienced potential exposure both in and out of the workplace. Employers must make a reasonable investigation to determine if the illness is work related. COVID-19 illnesses are likely work-related when several cases develop among workers who work closely together and there is no alternative explanation. An employee’s COVID-19 illness is likely

not work-related if he is the only worker to contract COVID-19 in his vicinity and his job duties do not include having frequent contact with the general public, regardless of the rate of community spread. If, after the reasonable and good faith inquiry described in the guidance, the employer cannot determine whether it is more likely than not that exposure in the workplace played a causal role with respect to a particular case of COVID-19, the employer does not need to record that COVID-19 illness. COVID-19 is a respiratory illness and should be coded as such on the OSHA Form 300. Because this is an illness, if an employee voluntarily requests that his or her name not be entered on the log, the employer must comply. The guidance is intended to be limited to the current COVID-19 public health crisis.

DOT Issues Pre-Employment Testing Guidance On June 5th, DOT granted a 3-month waiver to relieve employers of commercial motor vehicle drivers during the COVID-19 public health emergency. The waiver extends the period under which drivers would qualify for a pre-employment drug testing exception from 30 days to 90 days. This relief allows employers to forego pre-employment testing for drivers who have participated in a controlled substances testing program that meets certain requirements within the previous 90 days

of hire or rehire. The waiver is subject to certain terms, conditions and restrictions but continues until September 30, 2020.

On June 5th, DOT granted a 3-month waiver to relieve employers of commercial motor vehicle drivers during the COVID-19 public health emergency. Source: Asmark Institute

EPA Issues Cancellation Order for Dicamba Products

Following the order of the US Court of Appeals for the 9th Circuit, EPA has issued a final cancellation order for the three dicamba products - Xtendimax, FeXapan and Engenia.

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Grain and Feed Report

Following the order of the US Court of 2020. Many states have issued additional Appeals for the 9th Circuit, EPA has issued a guidance so please check with your state final cancellation order for the three dicamba association. products - Xtendimax, FeXapan and Engenia. The order allows growers and commercial applicators to use existing stocks that were in their possession on June 3, 2020, consistent with the products’ previously-approved labels, until July 31, 2020. All use is prohibited after July 31,


SERVING THE GRAIN HANDLING INDUSTRY IN KANSAS SINCE 1896

INDUSTRYnews EPA Proposes More Transparent Guidance

EPA has issued a proposed rulemaking regarding the procedures for developing and issuing guidance documents and establishes a petition process for public requests to modify or withdraw those that are active.

EPA has issued a proposed rulemaking regarding the procedures for developing and issuing guidance documents and establishes a petition process for public requests to modify or withdraw those that are active. EPA will use an online portal to clearly identify which ones are active guidance documents. This is consistent with Executive Order

13891 that directed Federal agencies to finalize regulations that set processes and procedures for issuing guidance documents. A central principle of the Executive Order is that these documents should clarify existing obligations only. They should not be a vehicle for implementing new, binding requirements on the public.

Source: Asmark Institute

DOT Expands Remote Carrier Compliance Reviews DOT has announced plans to immediately expand the use of remote motor carrier safety compliance reviews during the COVID-19 pandemic. The agency intends to leverage all available technology to access information and records to limit the exposure risk for both the regulated community and safety investigators. Motor carriers may access and transmit their information through a portal directly and upload documents in a secure environment. Motor carriers may also

fax or email documents to FMCSA if they choose to, or if they cannot access the portal. DOT may also use email, telephone and video calls as a substitute for in-person interaction with motor carrier officials during the compliance review or to review the findings of the compliance review with company officials during the closing meeting. The guidance remains in effect until the revocation of the Presidentially declared COVID-19 national emergency.

DOT has announced plans to immediately expand the use of remote motor carrier safety compliance reviews during the COVID-19 pandemic. Source: Asmark Institute

KS Ammonia Facilities Pay Over $50,000 in Penalties EPA has reached settlements with two agricultural storage and supply businesses in Kansas to resolve alleged violations of Risk Management Program regulations. EPA inspected both companies in response to accidental releases of anhydrous ammonia that resulted in injuries to their employees. During the inspections, EPA determined that the companies failed to design their processes for handling

anhydrous ammonia in compliance with good engineering practices and failed to meet other requirements intended to ensure adequate measures are in place to prevent and respond to an accidental release. In addition to the civil penalties, one company also agreed to purchase emergency response and preparedness equipment for three local fire departments at an estimated cost of over $25,000.

EPA has reached settlements with two agricultural storage and supply businesses in Kansas to resolve alleged violations of Risk Management Program regulations. Source: Asmark Institute

Summer 2020

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KANSAS GRAIN AND FEED ASSOCIATION

KANSAS GRAIN & FEED

NO TIES TOURS Kansas Grain and Feed Association (KGFA) staff celebrated the summer months by ditching the ties for the first time in 2020 and hitting the Northern and Western Kansas highways to visit members. KGFA cherishes the value of face-to-face time with its members at their place of business and looks forward to the No-Ties tours every year. “Why No Ties?” KGFA President and CEO Ron Seeber rhetorically asked. “Because you can learn more and share more in a 30-minute face-to-face meeting at a member’s place of business than any other way.” During the more than 1,000 miles spent on the road, Seeber and Kansas Grain Inspection Service’s Jon Newcomer heard concerns from members about issues ranging from harvest conditions to the political landscape in 2021. The forthright and informed level of input received from members provided invaluable ammunition for KGFA to better evolve, adapt and serve the needs of its members. Seeber appreciated KGFA members’ ability to express ideas outside the normal confines of association goals and responsibilities and allow the association to be the premier voice for the industry. “It’s always great to get out and see our members, especially those who are a long way from Topeka,” Seeber said. “I enjoy getting out of the office and having those productive conversations every year.”

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Grain and Feed Report


Hammel Scale

SERVING THE GRAIN HANDLING INDUSTRY IN KANSAS SINCE 1896

Quality and innovation have been a hallmark of our success at Hammel Scale since 1970. From laboratory weighing to industrial scales, inline production to truck scales, and everything in-between, Hammel Scale is weigh ahead of the competition! With locations in Wichita, Dodge City, and Topeka - we can serve your needs quickly and reliably. There’s no better choice for scale sales and service than Hammel Scale. • Top 10 METTLER TOLEDO Premier Distributor for 25 years • Servicing KGFA members & the Kansas Agri-Business Industry since 1970 • We specialize in weighing and filling system solutions for your grain handling and fertilizer/chemical applications • We also carry DICKEY-john™ moisture meters, Apollo™ and JaHam® truck probes, MCi Kicker, and Agri-Check™ protein analyzers Hammel Scale has over 300 years of combined experience in our weighing equipment sales, service, and scale calibration operations. We offer you the best combination of quality and cost-effectiveness in weighing solutions in Kansas.

Give us a call – We’d love to add more weight to your business!

Hammel Scale Company, Inc. 1530 N Mosley, Wichita, KS 67214 316-264-1358 www.hammelscale.com

Summer 2020

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KANSAS GRAIN AND FEED ASSOCIATION

Kansas Grain and Feed Association 816 SW Tyler, Suite 100 Topeka, Kansas 66612

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CDL EXAM PREP COURSE

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This one-day course will walk attendees through the Kansas Commercial Driver License (CDL) Manual with the goal of obtaining their Commercial Learners Permit (CLP). Cost includes Kansas CDL Manual, practice exams, material review and lunch.

The grain industry is one of the most heavilyregulated industries in the country, and for good reason. Our Elevator Safety and Maintenance training offers practical lessons in elevator maintenance, everything from the basics to new technologies.

This is one of the few places you can go to gain full certification in 7B/4 Seed Treatment and Fumigation. This day-long course with presentations ranging from pest control management to grain engulfment will earn you a year’s worth of continuing education credit.

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