Spring 2019 Kansas Agribusiness Retailers Association 816 SW Tyler Topeka, KS 66612 (785) 234-0463 ksagretailers.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 of Internal Operations Trae Green Director of Communications and Marketing
CONTENTS
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President’s Letter The Race for Relevancy is Our Reality Industry News Updates on Issues Affecting You KDA Holds Public Spray Drift Meeting KDA’s Interpretations on Spray Drift Capitol Review A Comprehensive View of the Kansas Political Landscape
BOARD OF DIRECTORS Clark Pearson Chairman Lance Nelson Vice Chairman Dustin Kuntz 2nd Vice Chairman Gary Beachner Scott Boyd Brian Bucl Troy Coon Kevin Dieckmann Justin Foss Bryan French Bill Garner Tim Giesick Jim Grilliot
Jeff Holling Rachel Hurley Brian Laverentz Scott Morris O.J. Pearl Johnny Schaben Dave Spears Kevin Tomka Mark Wegner
Editors: KARA staff Photos: Cover (NolanBerg11) KDA Spray Drift (Kansas Dept. of Agriculture)
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2019-2020 KARA Scholarships See Who Won a Scholarship for Next Year 2019 KARA Calendar Events You Need to Attend KSU Field Days This Premier Training is Coming Quickly Kansas Applicator Institute We’ll See You in Hutchinson in August
KDA Holds Public Spray Drift Meeting KDA’s Interpretations on Spray Drift
Capitol Review A Comprehensive View of the Kansas Political Landscape
The Kansas Agribusiness Update is published quarterly for the members, friends and affiliates of the Kansas Agribusiness Retailers Association. Email contributions to: Trae Green, trae@kansasag.org. Annual subscriptions for members can be purchased for $25.00. © 2019 KARA. Read this newsletter online at www.ksagretailers.org/printnewsletters. Advertising does not influence editorial decisions or content. KARA reserves the right to refuse, reject, or cancel any ad for any reason at any time without liability.
SAFE AND ABUNDANT FOOD THROUGH SOUND SCIENCE
The Race for Relevancy is Our Reality
Ronald Seeber President & CEO
“
The race for relevancy is more than a catch phrase. In our business, it’s a reality, especially when it comes to the training and safety of our members.
Dear KARA Members The race for relevancy is more than a catch phrase. In our business, it’s a reality, especially when it comes to the training and safety of our members. With this in mind, the Kansas Agribusiness Retailers Association (KARA) team has taken some significant steps to take a good hard look at our training structure and programs. We are continually evaluating our offerings to recognize our challenges and strengths, while setting the foundation for some exciting changes down the road. On May 23, we invited industry experts within our association to take an in-depth look at the trainings we offer. The results were exactly what we’d hoped for. We reviewed every single one of our trainings in terms of both short and long term modernization, how to increase attendance, and in the long run, making sure our trainings are indispensable to our members. We evaluated every facet of our training programs including geographic locations, times, competition, content, regulatory requirements, challenges and new technology use. Through this meeting we developed a game plan to look at up-to-the-minute technical
and regulatory needs of our membership, our relationship with our state and federal regulators and their requirements, our valued partnership with Kansas State University and how we can improve it, and new training enhancements (such as obtaining CDL and online training). As we know, in this industry, we must remain vigilant, relevant and forward thinking. Without such, we do not succeed. This meeting was the first step of many to shape where we go today, this year and in the years to come. It will also play an important foundational role as your board of directors enters into a strategic planning session later this fall. Thank you for your membership to the Kansas Agribusiness Retailers Association. Please do not hesitate to contact me if you have ideas that can enhance the services we provide.
Ronald Seeber President and CEO
Spring 2019
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KANSAS AGRIBUSINESS RETAILERS ASSOCIATION
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Agribusiness Update
SAFE AND ABUNDANT FOOD THROUGH SOUND SCIENCE
INDUSTRYnews OSHA Increases Penalty Amounts for 2019
The penalties for citations issued against employers for safety violations have gone up for 2019. OSHA has announced the adjustments for inflation. The maximum penalty that can be issued for serious, other-than-serious, and posting requirement citations increases to $13,260 per violation and the highest amount that can be issued for willful and repeat violations increases to $132,598 per violation. Going forward, expect to see these adjustments by January 15th of each new year.
Source: Asmark Institute
Check Out the CropLife Dicamba Update Series Source: Asmark Institute
2018 EPA Enforcement Results Source: Asmark Institute
Expect OSHA Inspections to Increase Source: Asmark Institute
It’s Time to Register With ResponsibleAg
The third season dealing with Dicamba is fast approaching, stressing the importance of ensuring rules and labels are followed, best practices are enforced and crops are kept safe. Don’t forget to check out the CropLife Dicamba Update Series for practical information on dicamba regulations. You’ll see: • Equipment and best practice tips and reminders • Interviews with leading experts • Q & A feature articles with retailers on the front lines • Perspectives from dicamba suppliers • Label and regulatory information
U.S. EPA has announced the results of 10,612 inspections and evaluations conducted in fiscal year 2018. This continues a downward trend in the overall number of inspections for the year for 6 consecutive years and is about half the number of inspections that were conducted in 2010. The civil penalties assessed were the lowest in the last 11 years at $69.47 million, while the number of criminal cases opened showed a slight increase over 2017. One thing to keep in mind is that EPA did raise civil penalties by 2.52 percent in February, bringing many Resource Conservations and Recovery Act violations up to $99,681 per day.
As a new crop of OSHA agents complete training, job-site inspections are expected to increase. U.S. Secretary of Labor Alexander Acosta says OSHA hired 76 new inspectors in fiscal year 2018 and that it would be anywhere from a year to three years before they will be ready to conduct field inspections on their own depending on their prior experience and the complexity of inspections they may carry out. OSHA conducted 32,000 inspections each year in 2017 and 2018, an increase from 2016 figures. Budget requests for 2020 are $557 million, an increase from last year, which would pay for additional staff, including 30 additional compliance officers and five more whistleblower investigators. In addition, in fiscal year 2018, OSHA personnel made 26,362 compliance assistance visits covering more than 970,000 workers and ensuring that 135,021 hazards were identified or corrected.
More than 2,720 facilities have registered with the ResponsibleAg Certification Program, with 1,410 facilities already receiving their certification. We encourage you to register your facilities today! For more information and to register, go to: www.responsibleag.org.
Source: Asmark Institute
Continued on Page 6
Spring 2019
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KANSAS AGRIBUSINESS RETAILERS ASSOCIATION
INDUSTRYnews Continued from Page 5
ELD Exemptions and Exceptions Will Remain in Effect
Hours of Service Proposal Coming Soon Source: Asmark Institute
ARA Urges STB to Hold Railroads Accountable Source: Asmark Institute
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Agribusiness Update
After December 16, 2019, full compliance with the ELD rule is required. This means that, after this date, motor carriers and drivers subject to the ELD rule must use self-certified ELDs that are registered with FMCSA to record, certify, and present their hours-of-service data. Exceptions and Exemptions to the ELD Rule Will Remain in Effect The ELD exceptions delineated in the ELD rule and the ELD exemptions announced by FMCSA will not be impacted by the December 16 deadline. Motor carriers and drivers who operate under these exceptions and exemptions will continue to be able to use alternate methods of record-keeping after ELD full compliance goes into effect. Am I Subject to the ELD Rule? You can view the list of ELD exceptions and current exemptions on the Drivers and Motor Carriers section of the ELD website. To learn more about the phases of ELD Implementation, view the ELD Implementation Timeline
USDOT plans to move forward with a proposed rule to change certain Hours of Service provisions. The proposed changes should be published in early June. The pre-proposal asked for comments on: • Expanding the current 100 air-mile “short-haul” exemption from 12 hours on-duty to 14 hours on-duty, in order to be consistent with the rules for long-haul truck drivers; • Extending the current 14-hour on-duty limitation by up to two hours when a truck driver encounters adverse driving conditions; • Revising the current mandatory 30-minute break for truck drivers after 8-hours of continuous driving; and • Reinstating the option for splitting up the required 10-hour off-duty rest break for drivers operating trucks that are equipped with a sleeper-berth compartment.
The Agricultural Retailers Association (ARA) testified before the Surface Transportation Board (STB) about excessive demurrage and accessorial charges against agricultural retailers and distributors. ARA recommended that the agency allow for a more reasonable timeframe (minimum 48 hours up to 96 hours) to load and unload shipments following shipping schedules created by the agricultural retailer and manufacturer, as the current 24-hour time frame is too short. In addition, ARA recommended STB require the railroads provide daily progress reports to the shipper and the receiver so they know the exact location of the rail cars to increase compliance. Reciprocal demurrage charges should be imposed on the railroads to ensure commercial fairness and accountability. In the testimony, ARA Senior Vice President of Public Policy and Counsel, Richard Gupton, told the STB that ARA members (ag retailers, distributors and manufacturers) are continually impacted by poor rail service that includes bunching of rail cars and imposed high demurrage charges. “ARA and its members believe the excessive charges being imposed by the Class 1 railroads are commercially unfair and lack appropriate reciprocity as it relates to non-performance by the railroads,” Gupton said. “The charges are well above and beyond the intent of the STB demurrage liability regulations that are designed to encourage efficient loading and unloading of product … ” From ARA’s perspective, it appears the railroads are trying to generate income by any means possible. The largest driver of the demurrage charges relates to bunching, as some cars sit in the yard for several days while additional cars arrive and the railroads try to deliver them all at once. “The railroad industry has changed dramatically over the past three decades. If the railroads are left to continue to operate in their present state and impose excessive freight rates and demurrage charges, the nation’s agricultural productivity will be negatively impacted, and consumers will be impacted by higher food costs.”
Photo Courtesy: Kansas Department of Agriculture
K A N S A S D E P T. O F A G R I C U LT U R E H O S T S
S P R AY D R I F T M E E T I N G
On May 24 Kansas Agribusiness Retailers Association attended a stakeholder meeting in Manhattan where Dr. Gary Meyer of Kansas Department of Agriculture (KDA) presented on the department’s new approach to handling reports of pesticide drift and damage. The meeting was broken up into different sections relating to spray drift including: An overview of topics; Paraquat/Dicamba label clarification; Damage claims; Case assignments; Complaint investigations and Drift and Pesticide misuse laws. A concise review of each topic is listed below. OVERVIEW KDA redesigned its online fillable damage claim form due to an increase in the form being used as a complaint tool rather than a reporting tool. The reconstructed form attempts to address public and industry misconceptions, while gathering enough information from the accuser to permit the accused to prepare a defense and make reparations in a timely manner. PARAQUAT/DICAMBA LABEL CLARIFICATION Meyer explained KDA’s interpretation of new label clarification for Paraquat/ Dicamba classifying both as a restricted use product. Under the new interpretation, use (loading, mixing, handling and applying) are only allowed by a certified applicator. For commercial use, KDA interprets these pesticides MAY be used by a private certified applicator IF supervised by a commercial certified applicator working from the SAME
LOCATION. Meyer said the safest route to take to avoid any issues would be to obtain a 1A certified applicator license. DAMAGE CLAIMS Meyer next explained the reworked process for how KDA is going to handle pesticide drift complaints with its new online form. Each submission will be evaluated for enforcement potential by the amount of information the accuser logs into the form, where the submission will then be prioritized and ranked, placed in a queue and then Continued on Page 17
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KANSAS AGRIBUSINESS RETAILERS ASSOCIATION
Capitol
REVIEW
KARA Government Affairs Staff
Early May served as the “Veto Session� of the 2019 legislative session. From Wednesday, May 1, through early Sunday morning, May 5, the legislature tackled some important issues, including the annual budget, a large tax bill and some smaller items concerning scrap metal theft and CBD oils. While the legislature was not in session, Governor Laura Kelly signed various bills or allowed the bills to become law without her signature. The legislature is now adjourned until January 2020.
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Agribusiness Update
SAFE AND ABUNDANT FOOD THROUGH SOUND SCIENCE
LEGISLATURE APPROVES ANNUAL BUDGET During the Veto Session, the House twice rejected the agreed to omnibus budget bill House Substitute for Senate Bill 25 in an attempt to force the Senate to vote on Medicaid expansion in Kansas. Late on Saturday, May 4, however, the House was able to receive sufficient votes to pass the budget for the remainder of fiscal year 2019 and for fiscal year 2020. The 2020 fiscal year budget, with $7.75 billion from the State General Fund, incorporates adjustments to the Governor’s Recommendations. Both the House and Senate passed the budget bill which now heads to the Governor for consideration. CORPORATE AND INDIVIDUAL INCOME TAX LEGISLATION The Legislature did not attempt to override Governor Kelly’s veto of the major tax legislation of the session in Senate Bill 22, a bill which would have decoupled portions of the Kansas corporate tax code from the federal corporate tax code following passage of the 2017 Federal tax cuts and jobs act, and would have allowed individuals to
itemize their state return while taking the federal standard deduction. However, during the veto session, the House and Senate rolled much of the contents of SB 22 into a conference committee report on House Bill 2033 as another attempt on passage of the tax initiative. Both chambers passed the tax bill as one of the final actions of the session. The bill includes the repatriation language from Senate Bill 22, but places a 5 percent tax on 2018 GILTI (0 percent going forward). The bill also contains the tax exclusion language from Senate Bill 22 for FDIC premiums paid by banks, but it is not retroactive. The bill also includes the small business expensing language from SB 196 for individuals and corporations. Also included is language allowing businesses to deduct 100 percent of net operating losses for 20 years (currently capped at 10 years). The bill removes language concerning the 163J business interest expense limitation provision. House Bill 2033 now advances to Governor Kelly, where there is some indication it may receive a veto even though the fiscal note (about $238 million over three years) was reduced
by almost half as compared to that of Senate Bill 22 – mostly due to the removal of certain corporate tax provisions and not allowing the bill to be retroactive. House Bill 2033 did not receive sufficient votes to override a veto. If the Governor does veto the bill, the legislature will have one remaining opportunity to override that veto on Sine Die (the final legislative day) on May 29th. Generally, not all legislators return for Sine Die, which will make a veto override more difficult. GOVERNOR SIGNS ENERGY RATE STUDY BILL On April 11, Governor Kelly signed Substitute for Senate Bill 69 into law. This bill requires a comprehensive study of Kansas electric public utility retail rates to assist the Legislature in finding ways to lower rates and make Kansas more competitive. The bill requires an independent organization to evaluate electric utilities and include input from residential, commercial and industrial customers, and other energy stakeholders. Continued on Page 12
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Spring 2019
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KANSAS AGRIBUSINESS RETAILERS ASSOCIATION
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Agribusiness Update
SAFE AND ABUNDANT FOOD THROUGH SOUND SCIENCE
SPONSORS 2019 UNDERWRITER SPONSOR $20,000+ Since 1947, KFSA has grown to become one of the largest insurance agencies in the state of Kansas. KFSA accomplished this by providing exceptional customer service and comprehensive insurance products and risk management. Whether it’s personal or business insurance, safety consulting or training, KFSA offer solutions that lessen your potential for loss and in turn increase overall profits.
FOUNDER SPONSORS $7,500
PATRON SPONSORS
BENEFACTOR SPONSORS
$3,500
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BASF CoBank Heartland Ag Helena Chemical Company John Deere CAD Dealers MKC Nutrien Ag Solutions Rosen’s Diversified Inc. WinField United
BUILDER SPONSORS $2,000
DONOR SPONSOR $1,250
ADM Fertilizer Allied Environmental Consultants Inc. Beachner Grain Inc. CHS Inc. Gavilon Fertilizer LLC Inter-Chem J.B. Pearl Sales & Service, Inc. Morrill Elevator, Inc. Offerle Coop
Frontier Ag, Inc.
TOMORROW’S AGRIBUSINESS LEADERS FOUNDER SPONSORS PATRON SPONSOR
BUILDER SPONSORS
CHS Inc. KFSA Syngenta
Allied Environmental Consultants Inc. BASF Crop Protection Central Prairie Co-op Fairbank Equipment, Inc. Farmers Coop Conway Springs Gavilon Fertilizer LLC Helena Chemical Company J.B. Pearl Sales & Service, Inc. MFA/AGChoice The Ottawa Cooperative Assn.
Agrilead Inc.
GIVER SPONSORS $750 Agrilead Inc. Alliance Ag & Grain LLC American Implement, Inc. Central Valley Ag, Beloit EGE Products Fairbank Equipment, Inc. Kansas Cooperative Council Kiser Ag Service LLC MFA/AGChoice Midwest Laboratories, Inc. Miller Elevator Inc. Pride Ag Resources Progressive Ag Coop Simplot One Skyland Grain LLC The Ottawa Cooperative Assn.
Spring 2019
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KANSAS AGRIBUSINESS RETAILERS ASSOCIATION
Capitol
REVIEW
Continued from Page 9
ECONOMIC INCENTIVE TRANSPARENCY BILL SENT TO GOVERNOR On May 2, the legislature passed Conference Committee Report on House Bill 2223, a bill which creates a publicly available examination of economic development incentives for Kansas businesses, including tax credits and property tax exemptions of $50,000 or more annually. The bill authorizes the Legislative Post Audit Committee to conduct a systematic and comprehensive review and evaluation of each “economic development program” every three years. The bill now moves to the Governor for consideration. UNDERGROUND UTILITY DAMAGE PREVENTION BILL BECOMES LAW On April 11, Governor Kelly signed into law House Bill 2178, a bill which restates the existing legal obligations of utilities concerning the marking of underground electric lines. This bill confirms current law that utilities are required to mark lines they own, but are not required to mark privately-owned lines. This bill prevents a 2018 Kansas Corporation Commission order from going into effect which would have placed a new requirement on utilities to mark privately-owned lines. GOVERNOR SIGNS COMMERCIAL HEMP BILL On April 11, Governor Kelly signed into law Senate Substitute for House Bill 2167, a bill which allows the Kansas Department of Agriculture (KDA) to monitor and regulate the commercial production of industrial hemp in Kansas. The bill excludes industrial hemp, when produced and possessed for authorized activities, from the definition of “marijuana” in current law and would be excluded from the list of Schedule I controlled substances. Hemp producers who violate this act or associated rules and regulations would not be subject to any state or local criminal enforcement action. SCRAP METAL THEFT REDUCTION ACT On Wednesday, May 4, the legislature passed Conference Committee Report on House Bill 2248, a bill that amends the scrap metal theft reduction act by creating the scrap metal data repository fund and authorizes the Kansas Bureau of Investigation to administer the program. Committee amendments removed a proposed excise tax and reduced the registration fee on scrap metal dealers to no more than $500. The bill becomes effective on July 1, 2020, and has a three-year sunset from that date. Renew Kansas, Kansas Grain and Feed Association and Kansas Agribusiness Retailers Association joined a group of other interested parties in supporting passage of the bill. The bill now moves to the Governor for consideration.
ATV USE ON HIGHWAYS On Wednesday, May 1, the legislature passed Conference Committee report on Senate Bill 63, a bill which authorizes the operation of ATVs and work-site utility vehicles across a federal highway or a state highway. The bill also authorizes a person engaged in agricultural purposes to operate an ATV or work-site utility vehicle on the shoulder of a federal or state highway. The bill now goes to the Governor for consideration. KANSAS FARM BUREAU NON-INSURANCE HEALTH BENEFIT On April 19, Governor Kelly allowed House Bill 2209 to become law without her signature. The bill authorizes a non-insurance healthcare benefit (requested by the Kansas Farm Bureau), and also allows for Trade Association Healthcare Plans. CABINET CONFIRMATIONS On May 3, the Senate confirmed Delia Garcia as Kansas Secretary of Labor, and Susan Duffy to the Kansas Corporation Commission. Garcia, a former state representative from 2005-2010, had recently headed a group working to increase the diversity and number of women in public office. She had previously worked for the National Education Association in Washington, D.C. Duffy succeeds former State Senator Jay Emler, who is expected to take a post in the Kansas Attorney General’s office. Duffy is a former executive director of the Kansas Corporation Commission, and most recently has been manager of Topeka Metropolitan Transit.
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Agribusiness Update
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This Year’s Bills
WE CAREFULLY MONITORED CONCURRENT RESOLUTION SENATE BILL 25:
Appropriations for FY 2019, FY 2020, FY 2021 and FY 2022 for various state agencies.
HOUSE BILL 2001:
Amending the sunset and assessment rates for the remediation reimbursement program.
SENATE BILL 22 // HOUSE BILL 2033:
Kansas itemized deductions, election, providing for deferred foreign income, global intangible low-taxed income, business interest, capital contributions and FDIC premiums income tax modifications; sales and compensating use tax, imposition of tax, nexus, remote sellers, marketplace facilitators, rate of tax on food and food ingredients.
SUBSTITUTE FOR SENATE BILL 69:
Requiring an electric rate study of certain electric utilities.
SENATE BILL 181:
Creating the Kansas energy policy task force to study electric utility services and energy policy issues in Kansas.
HOUSE BILL 2006 // HOUSE BILL 2223:
HOUSE BILL 2127:
Eliminating the marking requirements for certain truck and truck tractors.
HOUSE BILL 2062:
Relating to the applicability of conditions for operating recreational trails (held over)
TRANSPORTATION BILLS:
House Bills: 2007, 2225, 2214, 2370, 2381, 2367, 2368, 2371, 2372, Senate Bills:192, 187, 189
HOUSE BILL 2340:
Restricting distribution of certain property taxes paid under protest (held over)
HOUSE BILL 2345:
Tax lid exception when budget was higher in prior five years (held over)
HOUSE BILL 2354:
Resolving liability concerns regarding high school apprenticeships and on-the-job training programs (held over)
HOUSE BILL 2212:
Apportionment of corporate income under the multistate tax compact; election (held over)
Requiring the department of commerce to create a database of economic development incentive program information.
HOUSE BILL 2114:
SENATE SUBSTITUTE FOR HOUSE BILL 2167:
Establishing a commercial industrial hemp program.
Limiting the review of certain rules and regulations by the director of the budget (held over)
SENATE BILL 16:
HOUSE BILL 2131:
Making appropriations for the department of education for FY 2020 and FY 2021 in response to litigation; increasing BASE aid for certain school years; and other amendments related to education.
CONCURRENT RESOLUTION HOUSE BILL 2248:
Allowing all-terrain vehicles to cross federal or state highways.
HOUSE BILL 2178:
Amending the Kansas underground utility damage prevention act.
SENATE BILL 63:
Allowing counties to impose a severance tax on limestone (held over)
HOUSE BILL 2411:
Providing for a sales tax exemption for construction and certain purchases for businesses qualifying as part of an enterprise zone (held over)
SENATE BILL 126:
Exemption from income tax for certain public utilities (held over)
SENATE BILL 198:
Authorizing the state corporation commission to issue securitized ratepayerbacked bonds for electric generation facilities (held over)
Regulating the use of lighting devices in transportation network company vehicles and requiring vehicles to stop at railroad crossings for on-track train equipment.
SENATE BILL 125:
HOUSE BILL 2209:
SENATE BILL 135:
Establishing the unclaimed life insurance benefits act, updating certain definitions pertaining to unfair trade practices and association health plans, and providing for third party administrator fees, the purchase of cybersecurity insurance by the Kansas board of regents and certain healthcare benefits coverage.
Extending the eligible time period for rural opportunity zones loan repayment program and income tax credit (held over) Adding certain counties to the list of eligible rural opportunity zone counties (held over)
SENATE BILL 153:
Providing for department of health and environment response operations for water and soil pollutant release, discharge or escape (held over)
HOUSE BILL 2119 // HOUSE BILL 2402:
Empowering the KPERS board to develop policies and procedures relating to procurement, enter into certain contracts and allow travel for trustees and employees of the system.
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KANSAS AGRIBUSINESS RETAILERS ASSOCIATION
K A R A AW A R D S A N N U A L
SCHOLARSHIPS HANNAH BALLARD
KADEN BARKER
MEGAN CRANWELL
SOPHIE FILBERT
Madison | K-State
Hays | Fort Hays State
Tipton | K-State
Manhattan | K-State
Kansas Agribusiness Retailers Association’s (KARA) scholarship committee met in midApril and awarded nearly $10,000 in scholarships to Kansas high school graduating seniors and current college students for the 2019-20 academic year. The scholarship committee, comprised of KARA’s membership, received 101 applications and awarded eight students scholarships to assist in advancing their academic endeavors. “KARA has a long and proud history of providing scholarships to worthy students,” KARA’s president and CEO Ron Seeber said. “We congratulate this year’s recipients and wish them the best with their studies and their future contributions to the industry.” Each year, KARA awards one $500 Jim Lee Memorial scholarship, five $1,500 KARA general scholarships and one $1,500 Dr. David Whitney Agronomy scholarship.
BY THE NUMBERS
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JOHN KENNEDY Manhattan | K-State
COLTON SUTTERBY Savonburg | K-State
WINNERS
AT T E N D I N G K - S TAT E
101
A P P L I C AT I O N S ASHLEY SWAIM Delia | K-State
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Agribusiness Update
ALLISON RAILSBACK Mankato | Fort Hays State
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10K N E A R LY $10,000 AWA R D E D
SAFE AND ABUNDANT FOOD THROUGH SOUND SCIENCE
Continued from Page 6
EPA Reviews Glyphosate: Finds No Risks to Public Health...Again Source: Asmark Institute
Paid Overtime Changes Proposed Source: Asmark Institute
A Dozen Product Registrations Cancelled Source: Asmark Institute
Another Potential Pilot Program for Younger Drivers Source: Asmark Institute
INDUSTRYnews In a recent news release, the U.S. Environmental Protection Agency (EPA) conducted a review and continues to find that when the herbicide glyphosate, most commonly known as Roundup, is used according to the current label, there are “no risks to public health” and does not classify it as a carcinogen. In the risk assessments performed in 2017, there were also no public health risks identified by the agency. There were ecological risks in 2017, and EPA addressed those by proposing management measures that would help farmers with accuracy and efficiency when using glyphosate. EPA Administrator Andrew Wheeler said, “we look forward to input from farmers and other stakeholders to ensure that the draft management measures are workable, realistic and effective.”
The Department of Labor announced a proposed rule that would make over a million more American workers eligible for overtime. Under currently enforced law, employees with a salary below $455 per week ($23,660 annually) must be paid overtime if they work more than 40 hours per week. Workers making at least this salary level may be eligible for overtime based on their job duties. This salary level was set in 2004. This proposal would boost the proposed standard salary level to $679 per week (equivalent to $35,308 per year). Above this salary level, eligibility for overtime varies based on job duties. The proposal does not call for regular adjustments to the salary threshold. Other changes are proposed for nondiscretionary bonuses and incentive payments, as well as the total annual compensation requirement for highly compensated employees. In response to legal action, EPA is cancelling registrations for 12 pesticides containing neonicotinoid-said to be toxic to honeybees. The cancellations are part of a legal settlement brought forward by environmentalists and bee keepers. Product cancellations include: • Meridian 0.20G • Meridian 0.14F • Avicta Complete Corn 500 • THX_MXM_FDL_TBZ FS • Adage Deluxe • Adage Premier • Emesto Quantum • V-10170 0.25 G GL Insecticide • Inovate Seed Protectant • Inovate Neutral Seed Protectant • Aloft GC G Insecticide • Flower, Rose & Shrub Care III The cancellations went into effect on May 20th. Registrants may continue to sell and distribute existing stocks of the products until May 20, 2020, which is one year after the publication of the Cancellation Order in the Federal Register. Persons other than the registrants may sell, distribute or use existing stocks of products until existing stocks are exhausted, provided that such sale, distribution or use is consistent with the terms of the previously approval labeling on, or that accompanied, the canceled products. This decision comes after more than five years of litigation between environmentalists and EPA. Bayer, Syngenta and Valent voluntarily agreed to pull these products as part of the settlement.
DOT is seeking public comment on a possible second pilot program to allow non-military 18-20 year old drivers to operate commercial motor vehicles (CMVs) in interstate commerce. This new potential second pilot program follows DOT’s first pilot program, which is starting in June and limited to 18-20 year old CMV drivers with military experience. Comments on the training, qualifications, driving limitations and vehicle safety systems that should be considered must be received no later than July 15, 2019. Click here for more information.
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KANSAS AGRIBUSINESS RETAILERS ASSOCIATION
Important KARA Dates in 2019 JUNE
JULY
S M T W TH F S 2 9 16 23 30
3 10 17 24
4 11 18 25
5 12 19 26
6 13 20 27
7 14 21 28
1 8 15 22 29
S M T 1 2 7 8 9 14 15 16 21 22 23 28 29 30
W TH F 3 4 5 10 11 12 17 18 19 24 25 26 31
S 6 13 20 27
S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
NOVEMBER
OCTOBER
SEPTEMBER S M T 1 2 3 8 9 10 15 16 17 22 23 24 29 30
AUGUST
W TH F 4 5 6 11 12 13 18 19 20 25 26 27
S 7 14 21 28
S M T 1 6 7 8 13 14 15
W TH F 2 3 4 9 10 11 16 17 18
S 5 12 19
S M T W TH F 1 3 4 5 6 7 8 10 11 12 13 14 15
20
23
26
17
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19
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28
29
30
27
21 28
22 29
30
24
25
31
DECEMBER S M T 1 2 3 8 9 10 15 16 17
W TH F 4 5 6 11 12 13 18 19 20
S 7 14 21
22
23
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25
28
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31
26
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JULY
NOVEMBER
AUGUST
DECEMBER
9 - 10 | KSU Field Days (Manhattan) 11 - 12 | KSU Field Days (Manhattan) 14 - 18 | Tomorrow’s Agribusiness Leaders Session II (Washington, D.C.)
2 | CCA Exam 7 - 8 | Kansas Applicator Institute (Hutchinson) 19 - 20 | KARA Annual Meeting (Manhattan)
SEPTEMBER
6 | Tomorrow’s Agribusiness Leaders Session III (Wichita)
16
Agribusiness Update
19 | Sporting Clay Shoot (Lynbrooke Sporting Clays // Wichita) 20 - 21 | Kansas Agri Business Expo (Wichita) 21 | 1A Recertification (Wichita)
5 | CCA Recognition Banquet (Salina) 5 - 6 | Crop Production Update (Salina)
S 2 9 16
SAFE AND ABUNDANT FOOD THROUGH SOUND SCIENCE
KDA DRIFT
MEETING Continued from Page 7
assigned by field supervisors. COMPLAINT INVESTIGATIONS Meyer made it clear the purpose of KDA investigation is to determine if someone violated Kansas pesticide use law and the department does not diagnose people, plants or animals; determine a dollar value of loss or characterize. He explained investigators will look for likely source of drift, examine the application for compliance, gather samples and test applicator tanks for similar residue found on damaged property. Meyer reiterated problems leading to a stall in investigations typically are anonymous complaints, complainant doesn’t want to upset anyone and extended time between the application and complaint.
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DRIFT AND PESTICIDE MISUSE LAWS Meyer concluded explanation of the new form by stating drift is not illegal under criminal law, label-compliant applications can result in drift and an application may not involve a pesticide as there are no fertilizer use laws. Meyer also reminded the group Kansas pesticide law does not contain drift law or chemical trespass law, wind speed law or a definition of drift or drift damage. ON THE HORIZON Meyer wrapped up the meeting by reporting KDA intends to put together proposed changes to the Kansas pesticide law before the
2020 legislative session using and internal and external working group. Big changes are going to be potential age restrictions, closed-book exams and implementation of private certification through training. KARA will be working with KDA to ensure the changes are acceptable, if not beneficial, to the industry.
Spring 2019
17
KANSAS AGRIBUSINESS RETAILERS ASSOCIATION
KSU Field Days Hosted in cooperation with Kansas State University Research and Extension
Overview Presented in cooperation with Kansas State University Research and Extension, this hands-on two-day program will dig into the weeds on herbicide efficacy and injury, crop insect pests, crop diseases, weed ID, environmental and water quality and so much more.
Program to Include Herbicide efficacy and injury
Cotton production and fertility
Crop insect pests
Soil and nutrient management
Crop diseases
Soybean production and fertility
Weed ID
Multiple 1A and 12 CCA credits
Environmental and water quality
And much more‌
REGISTER KARA + KSU Field Days DATES: July 9 - 10 & July 11 - 12 TIME: 8 a.m. - 3:30 p.m. | 7:00 a.m. - 2:20 p.m. VENUE: KSU North Agronomy Farm CITY: Manhattan, Kansas PRICE: $125 or $210 To register, download the QR scanner app on your mobile phone, or visit www.ksagretailers.org/events-training/ksu-field-days/. You may also fill out and return the bottom portion via fax 785-234-2930, or via email to samantha@kansasag.org. **Tuesday session will repeat on Friday and the Wednesday session will repeat on Thursday.**
Company Name:
Program I July 9 - 10 $210
Program I Day I, July 9 $125
Program I Day II, July 10 $125
Attendee Name & Email: Attendee Name & Email: Attendee Name & Email: CREDIT CARD PAYMENT INFORMATION Credit Card #:
Exp. Date:
Firm:
Address/City/State/Zip:
Phone:
Email:
18
Agribusiness Update
Security:
Name:
Program II July 11 - 12 $210
Program II Day I, July 11 $125
Program II Day II, July 12 $125
SAFE AND ABUNDANT FOOD THROUGH SOUND SCIENCE
Kansas Applicator Institute Overview Where applicators and certified crop advisors discuss tomorrow’s precision application – today!
Program to Include Interactive learning
Demonstrations of equipment
Networking opportunities
Small group learning
Evening reception
Weed control strategies
Full 1A recertification
Ride and Drive
1A Pest Management/Ag Plant Exam
And much more
REGISTER Kansas Applicator Institute DATE: August 7 - 8, 2019 TIME: 8:00 a.m. - 1:30 p.m. VENUE: Encampment Building CITY: Hutchinson, Kansas PRICE: $180 or $270 To register, download the QR scanner app on your mobile phone, or visit www.ksagretailers.org/events-training/kansas-applicator-institute/. You may also fill out and return the bottom portion via fax 785-234-2930, or via email to samantha@kansasag.org.
Company Name:
Workshop Only Member Rate $180
Workshop Only Non-Member Rate $200
Workshop & Exam Member Rate $270
Workshop & Exam Non-Member Rate $290
Attendee Name & Email: Attendee Name & Email: Attendee Name & Email: CREDIT CARD PAYMENT INFORMATION Credit Card #:
Exp. Date:
Firm:
Address/City/State/Zip:
Phone:
Email:
Security:
Name:
Spring 2019
19
KANSAS AGRIBUSINESS RETAILERS ASSOCIATION Kansas Agribusiness Retailers Association 816 SW Tyler, Suite 100 Topeka, Kansas 66612
Stay Connected
THIS SUMMER, WE’RE GOING
ON THE ROAD TO SEE YOU
Dustin Kuntz, Ron Seeber, Chuck Kuntz and Michael Spade at Harveyville Seed Co., Inc.
Kevin Mears of Mears Fertilizer in El Dorado explains business operations to a group from China interested in expanding its fertilizer portfolio.
Ron Seeber, Dell Princ and Larry Stanley at Midway Coop’s 111th annual meeting in Osborne on May 16.