The Scoop - August 2020

AN URGENT REQUEST

LEGAL TIMELINES

H-2B RESTRICTIONS

THE GLYPHOSATE DEBATE PLUS:

3 PHASES FOR TODAY’S SMALL BUSINESS ALSO INSIDE:

DISCOVERING A VELVET VIKING

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T H E O F F I C I A L P U B L I C AT I O N O F T H E M I N N E S OTA N U R S E RY & L A N DS C A P E A SS OC I AT I ON

WHOLESALE & PROFESSIONAL TURF SUPPLY

EVERYTHING YOU NEED FOR FALL PROJECTS

For the best selection, place your fall order soon! Contact your Gertens Wholesale & Professional Turf Supply representative today.

5500 Blaine Avenue | Inver Grove Heights, MN 55076 | P: 651-450-0277 F: 651-450-9380 | E: wholesale@gertens.com | gertenswholesale.com

WHOLESALE NURSERY & HARDSCAPES

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Business Products & Services

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SIGN UP FOR A FREE ACCOUNT

Save up to $9,000 when you purchase a vehicle with Dodge/Jeep/Chrysler.

Convenience, control, and a fuel rebate up to 5¢ per gallon with the Speedway Business Fleet Card program!

MNLA Certified Professional Manual - online and FREE for members.

Save 10¢/gallon for the first 90 days, then save 6¢ on every gallon purchased at Holiday Stationstores.

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Save 6¢ off every gallon of fuel at Kwik Trip, plus 10% off most in-store purchases and volume car wash discounts up to 50% off.

Use the new Job Board on MNLA.biz to list your full time and seasonal positions.

Bulk volume discounts on garden center trays.

LMN is all-in-one landscape business management software.

Get started with your FREE account at GoLMN.com/mnnla.

Break into the mobile world with MNLA’s affordable Retail Store App.

Receive a discounted rate from Zlimen & McGuiness, PLLC, attorneys who understand the green industry.

PLUS, save on registration for events, tours, seminars, and conferences, including Northern Green.

Marketing Discounts: Want to reach members with your product, service or message?

Save on advertisements in MNLA publications, and on marketing packages at Northern Green.

For more information, visit www.MNLA.biz or contact Mary at 651-633-4987 or mary@mnla.biz.

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24 45

8 Events 30

10 Thank You for All You Do Executive Director Larson takes a few minutes to practice gratitude about MNLA and our members.

44 Consistent Scoop Supporters MNLA appreciates these businesses for their help

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The Glyphosate Debate: The Science Hasn’t Changed

in making this magazine happen!

45 Northern Green 2021 Master Classes and Upgrade Tracks

Dr. James Calkins takes a comprehensive look at the herbicidal ingredient

Here’s an early preview of the learning

that continues to receive considerable attention. 

opportunities coming your way January 12–14.

Urgent Request During Challenging Times Jay Siedschlaw asks MNLA members to invest in online classes — and help

49 Sponsor an MNLA Scholarship Make a $250 or $500 donation for a scholarship, and the MNLA Foundation will match it.

higher education horticulture programs survive! 

52 Save These Dates

30

Three Phases for Today’s Small Business Steve and Terri Wilcox offer guidance on how to survive, sustain, and thrive during 2020. 

This fall, MNLA’s education lineup may offer just what you and your employees need.

54 Important Legal Timelines to Remember Patrick McGuiness has information which could

39

MNLA Member Discovers Velvet Viking Craig Frick found a unique zone-4-hardy Japanese Maple almost twenty years ago, and it’s finally ready for market.    

save you a lot of money, or help you collect money which you are owed.

55 Member Appreciation Day Free hot dogs, chips, soft-serve ice cream with

47

H-2B Visa Restrictions and the Green Industry Forrest Cyr reports on a recent presidential executive order that made over

toppings, beer, and popcorn for all our members.

Stop by and say hello!

500,000 workers unavailable to American businesses.     Landscape & Hardscape Install & Design  Garden Services & Landscape Mgmt  Garden Centers  Growers: Nursery & Greenhouse  Irrigation & Water Mgmt  Arborists & Tree Services  All

Cover photo: iStock.com/amtitus. Table of Contents Images: Top Left: iStock.com/Coompia77. Middle: iStock.com/Victor Metelskiy. Bottom: Doreen Wynja. august 20 MNLA.BIZ

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DIRECTORY

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MINNESOTA NURSERY & LANDSCAPE ASSOCIATION Successful Businesses Grow Here!

1813 Lexington Ave. N., Roseville, MN 55113 651-633-4987 • Fax: 651-633-4986 Outside the metro area, toll free: 888-886-MNLA, Fax: 888-266-4986 www.MNLA.biz • www.NorthernGreen.org Mission: The mission of the Minnesota Nursery & Landscape Association is to help members grow successful businesses.

BOARD OF DIRECTORS Tim Malooly, CID, CLIA, CIC, President Water in Motion 763-559-7771 • timm@watermotion.com Randy Berg, Vice-President Berg’s Nursery, Landscape/Garden Center 507-433-2823 • randy@bergsnursery.com Matt Mallas, Secretary-Treasurer Hedberg Supply 763-512-2849 • mmallas@hedbergaggregates.com Faith Appelquist, MNLA-CP Tree Quality LLC 612-618-5244 • faith@treequality.com Patrick McGuiness Zlimen & McGuiness PLLC (651) 331-6500 • pmcguiness@zmattorneys.com Mike McNamara Hoffman & McNamara Nursery & Landscaping 651-437-9463 • mike.mcnamara@hoffmanandmcnamara.com John O’Reilly Otten Bros. Garden Center and Landscaping 952-473-5425 • j.oreilly@ottenbros.com Jeff Pilla, MNLA-CP Professional Turf, Inc. (Proturf) 952-469-8680 • jeff@professionalturf.com Nick Sargent, MNLA-CP Sargent’s Landscape Nursery, Inc. 507-289-0022 • njsargent@sargentsgardens.com Cassie Larson, CAE MNLA Executive Director 651-633-4987 • cassie@mnla.biz STAFF DIRECTORY Executive Director: Cassie Larson, CAE • cassie@mnla.biz Membership Director & Trade Show Manager: Mary Dunn, CEM • mary@mnla.biz Communications Dir.: Jon Horsman, CAE • jon@mnla.biz Education/Cert. Manager: Susan Flynn • susan@mnla.biz Dir. of Government Affairs: Forrest Cyr • forrest@mnla.biz Regulatory Affairs Manager: Jim Calkins • jim@mnla.biz Accountant: Kris Peterson • kris@mnla.biz Foundation Program Coordinator: Paulette Sorenson • paulette@mnla.biz Administrative Assistant: Lora Sondrol • lora@mnla.biz Advertising Sales: 763-295-5420 Betsy Pierre, Advertising Mgr • betsy@pierreproductions.com Legislative Affairs Consultant: Doug Carnival

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MNLA.BIZ august 20

Anderson Nurseries, Inc. ................................................................... 26 Bachman’s Wholesale Nursery & Hardscapes ............................... 3 Borgert Products, Inc. ......................................................................... 34 Central Landscape Supply ................................................................ 16 Cushman Motor Co. Inc ...................................................................... 36 Edney Distributing Co., Inc. ............................................................... 40 Frontier Ag & Turf ................................................................................ 46 Fury Motors ........................................................................................... 37 Gertens Wholesale & Professional Turf Supply ............................. 2 Gopher State One-Call ....................................................................... 36 Haag Companies, Inc. ......................................................................... 42 Hedberg Landscape & Masonry Supplies ..................................... 38 Jeff Belzer Chevrolet .................................................................... 28–29 Klaus Nurseries .................................................................................... 16 Landscape Alternatives Inc. .............................................................. 16 Monroe Truck Equipment .................................................................... 9 Out Back Nursery ................................................................................. 46 Plaisted Companies .............................................................................. 7 Rock Hard Landscape Supply ........................................................... 26 SMSC Organics Recycling Facility ..................................................... 11 The Resultants ..................................................................................... 40 The Tessman Company ....................................................................... 38 Tri-State Bobcat, Inc. .......................................................................... 27 Truck Utilities, Inc. ............................................................................... 16 Versa-Lok Midwest .............................................................................. 53 Wheeler Landscape Supply ............................................................... 11 Ziegler CAT ............................................................................. Back Cover

UPCOMING

MNLA is continuing to plan education and events for the green industry. All precautions will be taken to meet social distancing requirements and the guidelines set in place by local and state agencies as well as venues. But, as we all know, there are no promises during these times and we are taking this day by day and will announce any changes as they come if necessary. We also know these are difficult and uncertain times for everyone, so we've made a few adjustments. Should changes occur causing an event to be cancelled due to COVID-19 issues, your registration would be refunded in full.

AUG

04 –05 AUG

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AUG

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SALT SYMPOSIUM 2020 This live-stream event shapes the chloride conversation, presenting developments in salt use optimization for people and the environment.

FortinConsulting.com

MEMBER APPRECIATION DAY We appreciate you! Members are invited to stop by the MNLA Office and have a treat.

MNLA Office, Roseville ➽ MNLA.biz

MNLA LANDSCAPE CASE STUDY The MNLA landscape was completed in 2019. The design embodies sustainability in its thoughtful selection of materials, water management, and planting practices. Join project designer, Urban Ecosystems, for an onsite case study of the project.

MNLA Office, Roseville ➽ MNLA.biz

AUG

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“DRIVE YOURSELF” TURF AND LAWN FIELD TRIP This field trip led by Sam Bauer will include a stop at TPC Twin Cities where we’ll learn about management practices and grass species choices. We’ll then visit KLM Farms where we’ll gain firsthand knowledge of high quality sod production.

St. Paul, MN ➽ MNLA.biz

OCT

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MNLA CERTIFICATION EXAM Prove what you know and sit for the exam to become an MNLA Certified Professional. Also offered November 6th and 13th.

MNLA Office, Roseville ➽ MNLA.biz

NOV

09

iStock.com/Garrett Aitken



OSHA CHAINSAW & CONCRETE SAW SAFETY AND MAINTENANCE SEMINAR – ENGLISH AND SPANISH This half-day seminar (English in the morning/Spanish in the afternoon) taught by Armando Actis covers OSHA rules and regulations regarding protective clothing, safety features, starting procedures, operating procedures and productivity, maintenance, chain sharpening and more.

The Scoop, August 2020, Issue 8, is issued monthly,

MNLA Office, Roseville ➽ MNLA.biz

12 times per year. All original works, articles or formats published in The Scoop are © Minnesota Nursery &

NOV

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Landscape Association, 2020, and may not be used without written permission of MNLA, 1813 Lexington Ave



N., Roseville, MN 55113. Subscription price is $99 for one

MASTERING FOREMANSHIP TRAINING In this dynamic seminar, foreman learn how to more effectively handle tight deadlines, tight margins and increase customer satisfaction.

Cedarholm Golf Course, Roseville, MN ➽MNLA.biz

year, which is included with member dues. POSTMASTER: Send address changes to The Scoop, MNLA, 1813 Lexington Ave N., Roseville, MN 55113.

2020 MNLA seminars

Editorial Contributions. You are invited to share your

generously supported by:

expertise and perspective. Article ideas and manuscripts should, whenever possible, reflect real and specific experiences. When submitting an article, please contact

Business

 Skills Training

 Networking

Leadership Development

General

the publisher at jon@mnla.biz or 651-633-4987. MNLA



reserves the right to edit all Scoop content.

➽Information on industry events: MNLA.biz/events. Free member-only videos: MNLA.biz/OnlineEducation.

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MNLA.BIZ august 20



demand performance.

demand monroe.

VISIT OUR WEBSITE FOR WORK-READY TRUCKS & A LIST OF STOCKING DEALERS

www.monroetruck.com

FROM THE EXECUTIVE DIRECTOR

Thank You for All You Do Cassie Larson

MNLA Executive Director

Every August, we celebrate Member Appreciation Day, but to be honest, I am thankful every day for the multitude of ways that you, MNLA members, volunteer your time, money, and resources to support the greater Green Industry.

It takes everyone pulling together for an association to

be successful, so I wanted to take a few minutes to say THANK YOU. THANK YOU to the nine members of our Board of Directors who lead MNLA with passion, commitment, and care. They constantly think about the best interests of members as they make decisions that affect the Green Industry.

THANK YOU to the nearly 100 members who serve within the MNLA committees and task teams. You show up, take on tasks, and move the industry forward every year.

THANK YOU to members who submit articles for the Scoop every month on topics ranging from pests to plants to hardscape design and installation. You help make the industry better by sharing your area of expertise.

THANK YOU to the many companies who donate ¼ of 1% on every purchase with participating suppliers.

These funds help support the MNLA Foundation and their workforce development efforts including funding for scholarships.

THANK YOU to every member who attends education seminars throughout the year or at Northern Green.

You’re playing your part to be on the cutting edge of

industry education. That experience matters to you, your company and the consumer public.

THANK YOU to every member who has responded to a legislative action alert or donated to the Green Industry PAC. You help magnify a collective voice in St. Paul and Washington D.C., ensuring that green industry issues stay top of mind for legislators.

THANK YOU to each member who serves on an advisory group on behalf of the industry – from MNLRAC to Stormwater/MIDS to MNSTAC – your participation in regulatory groups is imperative to the industry’s success.

THANK YOU for paying your membership dues each year to support the work of the association in government affairs, education, and communications.

But most of all, THANK YOU for your passion for the Green Industry. Working with passionate members and volunteers makes the MNLA world go round. So, keep doing what you do. And, if you want to get more involved in the association, please reach out to any board member or staff member. We will be more than happy to find a place for you to plug in.

There are a million other things to THANK YOU for, but for now I will leave it at that. We hope to see you in person again very soon!

➽ MNLA EXECUTIVE DIRECTOR CASSIE LARSON can be reached at 651-633-4987 or cassie@mnla.biz.

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MNLA.BIZ august 20

For over 30 years, Wheeler Landscape Supply has been serving contractors in the metro area with superior service and quality products like Silver Creek Stoneworks from Rochester Concrete Products.

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SMSC

Organics Recycling Facility

SMSC ORGANICS RECYCLING FACILITY:

Residential and commercial landscaping all in one place.

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SMSC Organics recycling facility

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Get ready for... 

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QUALITY EDUCATION

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 January 12-14, 2021  Minneapolis Convention Center  www.NorthernGreen.org

DEBATE: The Glyphosate

THE SCIENCE HASN’T CHANGED

Dr. James Calkins

iStock.com/Zerbor

MNLA Foundation Research Information Director

august 20 MNLA.BIZ

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GLYPHOSATE

GLYPHOSATE IS THE HERBICIDAL ACTIVE INGREDIENT IN THE HERBICIDE ROUNDUP® AND A VARIETY OF OTHER GLYPHOSATEBASED HERBICIDE FORMULATIONS, AND IS THE MOST WIDELY USED HERBICIDE IN THE UNITED STATES AND THE WORLD. Needless to say, glyphosate has received considerable attention in recent years.

More specifically, and amid considerable controversy, concerns about glyphosate related to human and environmental safety have been variously raised with the most serious contention being the possibility that there may be a relationship between exposure to glyphosate and a specific type of cancer — non-Hodgkin’s lymphoma (NHL).

These assertions, which are sometimes characterized more broadly by suggesting that anyone who has used “a herbicide” may have a case, have resulted in a wave of litigation on behalf of a growing number of plaintiffs claiming their cancer was caused by the herbicide glyphosate with Roundup® and its manufacturer, Monsanto, being the primary target. Most of us have probably heard or read about some of these legal proceedings, including the three individual, high-profile lawsuits that have recently resulted in jury verdicts against Monsanto in 2018 and 2019 based on findings that the glyphosate-based herbicide Roundup was the cause of the plaintiff’s NHL (Dewayne Johnson v. Monsanto, Hardeman v. Monsanto, and Pilliod v. Monsanto). In addition, the ubiquitous TV and print ads about class action lawsuits and large jury awards have been hard to miss. Unfortunately, lawsuits and jury verdicts are often based on emotion rather than science and just because a jury finds in favor of a litigant does not mean the science is clear or wrong nor that the decision and resulting damages are fair or justified. The Johnson, Hardeman, and Pilliod lawsuits initially resulted in damages totaling $2.369 billion, but these cumulative damages were subsequently reduced by 92% to a total of $190 million, and all three verdicts have been appealed.

Non-Hodgkin’s lymphoma (NHL) is a type of cancer that originates in the lymphatic system, the system of lymph nodes and 14

MNLA.BIZ august 20

associated connecting vessels that are an important component of the body’s immune system. The cancerous tumors associated with NHL develop from lymphocytes (a type of white blood cell) which are the primary cells found in the lymph fluid that flows in the lymphatic system. According to the Mayo Clinic and the American Cancer Society, NHL is the seventh most common cause of cancerrelated deaths in the United States and, although many factors have been suggested as potential causes, specific cause and effect relationships have not been ascertained.

For example, the Mayo Clinic reports that the causes of NHL are usually never determined in the majority of cases, most people diagnosed with NHL don’t have any obvious risk factors, and many people who do have risk factors for NHL never develop the disease. Some of the factors that reportedly may increase the risk of NHL include family history, gender (more common in males than females), ethnicity and geography (more common for Caucasian/white people and in developed countries), immune deficiencies (including medications that suppress the immune system), autoimmune diseases, chronic infections and certain viral and bacterial infections, certain chemicals (including insecticides and herbicides), body weight (being over-weight), and increasing age (over 60). In all cases, more research is needed, and research focused on these and other potential risk factors associated with NHL continues.

Understanding Glyphosate Standards/ Assessments Most nursery and landscape professionals are probably also aware that, in 2015, the International Agency for Research on Cancer (IARC), an agency within the United Nation’s World Health Organization (WHO), classified glyphosate as “probably carcinogenic in humans” (Group 2A) based on a review of selected research. Not surprisingly, this finding by the IARC has gotten considerable media attention and is the primary basis for the growing number of lawsuits involving plaintiffs that believe their cancers, and specifically non-Hodgkin’s lymphoma, are related to glyphosate exposure. It is important to note, however, that the IARC stands alone as the only national and international agency to classify glyphosate as a cancer risk and is the only government agency that has suggested such a risk when glyphosate is used properly. In this regard, it is also important to note that the IARC

evaluates “hazard” and not “risk” in its assessments and to understand the difference between these two types of assessments.

As a consequence of the hazard-based evaluation standard used by the IARC to classify a chemical or other agent as a potential carcinogen or not, the agency does not consider the real-world exposure to a substance or agent relative to the intensity and duration of the exposure (i.e., risk).

Instead, the IARC simply considers whether a substance or agent could possibly cause cancer under any circumstances (i.e., hazard), no matter how unlikely the conditions of the exposure might be and without any consideration of how the product is supposed to be used or any cautions associated with its use as described on a product label. As a result of the IARC’s focus on hazard, only one of the more than 1,000 agents that have so far been classified by the IARC with respect to carcinogenicity in humans has been classified as “probably not carcinogenic” (Caprolactam) while many common exposures have been variously classified as hazardous to human health. For example, the IARC’s lists of “known carcinogens” (Group 1, 120 agents) and “probable carcinogens” (Group 2A, 83 agents) include sunlight (ultraviolet radiation, Group 1), alcoholic beverages (more specifically acetaldehyde as a metabolite of ethanol/ethyl alcohol, Group 1), wood dust (Group 1), cured/processed meats (Group 1), outdoor air pollution (Group 1), estrogen therapy (Group 1), the hairdressing profession (Group 2A), wood smoke (Group 2A, high temperature frying of foods (Group 2A), working night shifts (Group 2A), hot coffee/tea/beverages (Group 2A), red meat (Group 2A), and the herbicide glyphosate (Group 2A). The IARC list of “possible carcinogens” (Group 2B, 314 agents) includes Ginkgo biloba extract, gasoline, diesel fuel, engine exhaust, mobile phones (magnetic radiation), and pickled vegetables.

As of this writing, the IARC has listed 500 agents as “not classifiable” regarding their carcinogenicity to humans” (Group 3).

Given the importance and long history of glyphosate use and the persistent concerns about its safety relative to people and the environment, it should not be surprising that glyphosate is one of the most researched herbicides of all time. A Google Scholar search reveals that more than 328,000 articles about glyphosate have been published with more than 50,000 of these articles published over the past 10 years and more

the New Zealand Environmental Protection Authority (NZ EPA), the Brazilian National Health Surveillance Agency (ANVISA), the Swiss Federal Food Safety and Veterinary Office (FSVO), the Food Safety Commission of Japan (FSCJ), the Korean Rural Development Administration (RDA), the World Health Organization (global drinking water quality guidelines and the International Program on Chemical Safety), and others. Unlike the International Agency for Research on Cancer (IARC) which is not a regulatory authority, all of these regulatory agencies have concluded that, at the exposure levels experienced by farmers and the general population, glyphosate does not pose a cancer risk. In addition, the US EPA’s Carcinogenicity Peer Review Committee has specifically rejected the IARC’s claims that epidemiological studies suggest a NHL cancer link. In the wake of the IARC’s classification of glyphosate as “probably carcinogenic in humans,” the World Health Organization (WHO) has also reviewed and dismissed IARC’s findings and, in a separate review completed in 2016, a joint panel from the WHO and the Food and Agriculture Organization (FAO) Committee on Pesticide Residues reported that the use of glyphosate formulations does not necessarily constitute a health risk and issued an acceptable daily intake (ADI) limit of one milligram per kilogram (kg) of body weight per day. The panel also concluded that glyphosate does not pose a cancer risk as encountered in food and does not impact human genes.

And then there is the Agricultural Health Study which has also produced findings that disagree with the IARC assessment of glyphosate and human health. The Agricultural Health Study is an ongoing, collaborative, and comprehensive research effort focused on pesticide applicators and their families that was initiated in 1993 by investigators from National Cancer Institute (NCI) and the National Institute of Environmental Health Sciences (NIEHS) in cooperation with the United States Environmental Protection Agency (US EPA) and the National Institute for Occupational Safety and Health (NIOSH) and continues today. The study involves more than 89,000 participants including more than 52,000 licensed private pesticide applicators (mostly farmers), and more than half (32,000) of their spouses, plus nearly 5,000 commercial pesticide applicators. The majority of the participants continue to participate in the

iStock.com/imacon

than 14,000 articles in the past year and a half. Clearly, glyphosate and glyphosate-based herbicides have been researched extensively and remain under intense scrutiny. And even though the body of research focused on glyphosate is varied and immense, it is equally clear that few, if any, discussions about glyphosate are completely without controversy. That said, and following a 10year review of the scientific evidence, the United States Environmental Protection Agency (US EPA) announced the preliminary results of its most recent registration review of glyphosate in April 2019 with the primary finding that glyphosate does not pose a risk to human health and is not a carcinogen.

According to the US EPA, the review evaluated the risks to people from exposure to glyphosate from all registered uses and routes of exposure and did not identify any human health concerns. Following a review of the public comments submitted during the comment period which ended in September 2019, the US EPA reaffirmed this assessment earlier this year ( January 30, 2020). It should also be pointed out that this most recent review of glyphosate is an example of the type of review that is required for all registered pesticides at least every 15 years under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Federal statute that governs the registration, distribution, sale, and use of pesticides in the United States with the goal of ensuring that pesticides will not pose an unreasonable risk to human health or the environment.

Although the US EPA’s finding that glyphosate is safe when used as directed on the label is contrary to the IARC’s listing of glyphosate as a “probable carcinogen” (Group 2A), it is consistent with the findings of all of the regulatory agencies and authorities worldwide including the World Health Organization (WHO), the umbrella organization that includes the IARC. The other regulatory entities that have concluded glyphosate is safe when used properly include the US EPA Office of Pesticide Programs (OPP), the U.S. Department of Health and Human Services National Toxicity Program (NIP), the European Food Safety Authority (EFSA), the European Chemicals Agency (ECHA), Health Canada (HC), the French Agency for Food, Environmental, and Occupational Health & Safety (ANSES), the German Federal Institute for Risk Assessment (BFR), the Australian Pesticides & Veterinary Medicines Authority (APVMA),

Glyphosate Facts • International Union of Pure and Applied Chemistry (IUPAC) Name: N-(phosphonomethyl) glycine • Molecular Formula: C3H8NO5P • In 2015, the International Agency for Research on Cancer (IARC) classified glyphosate in Group 2A (“probably carcinogenic in humans”), a collection which includes sunlight, alcoholic beverages, the hairdressing profession, wood smoke, high temperature frying of foods, working night shifts, hot beverages, and red meat. The IARC’s Group 1 known carcinogens include ultraviolet radiation, wood dust, cured/ processed meats, and outdoor air pollution, for example.

• Following a 10-year review of the scientific evidence, US EPA announced in April 2019 the preliminary results of its most recent registration review of glyphosate with the primary finding that glyphosate does not pose a risk to human health and is not a carcinogen.

• All of the regulatory agencies worldwide that have evaluated glyphosate have thus far determined that glyphosate is unlikely to be a cancer risk or human health concern when used properly.

• Reliance on glyphosate-based herbicides and other herbicide chemistries is resulting in an increasing number of glyphosateresistant weed species (currently listed: 262 species).

august 20 MNLA.BIZ

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GLYPHOSATE

study today, providing important information about their farming practices and their health. The objectives of the Agricultural Health Study are to: 1) identify and quantify cancer risks among men, women, whites, and minorities associated with direct exposure to pesticides and other agricultural agents; 2) evaluate noncancer health risks including neurotoxicity reproductive effects, immunologic effects, nonmalignant respiratory disease, kidney disease, and growth and development among children; 3) evaluate disease risks among spouses and children of farmers that may arise from direct contact with pesticides and agricultural chemicals used in the home lawns and gardens, and from indirect contact, such as spray drift, laundering work clothes, or contaminated food or water; 4) assess current and past occupational and nonoccupational agricultural exposures using periodic interviews and environmental and biologic monitoring; 5) study the relationship between agricultural exposures, biomarkers of exposure, biologic effect, and genetic susceptibility factors relevant to carcinogenesis; and 6) identify and quantify cancer and other disease risks associated with lifestyle factors such as diet, cooking practices, physical activity, smoking and alcohol consumption, and hair dye use. It is clearly an ambitious and laudable effort.

In association with the Agricultural Health Study, and specific to glyphosate exposure and cancer, a research paper by Oxford University epidemiologist Gabriella Andreotti and her colleagues entitled Glyphosate Use and Cancer Incidence in the Agricultural Health Study was published in the Journal of the National Cancer Institute in 2018 and concluded that “no association was apparent between glyphosate and any solid tumors or lymphoid malignancies overall, including NHL and its subtypes.” Once again, the Agricultural Health Study is a very large study with more the 89,000 participants that the IRAC was aware of but did not consider, including findings that there was no evidence of a link between glyphosate and an increased incidence of cancer which the IARC reviewers were well-aware of, because the finding had not yet been published when the IARC completed its review. It should be noted that the findings of the Agricultural Health Study over the past 27 years are varied and include both apparent health benefits and concerns related to rural life and pesticide use including several cancers, some of which

may be related to the use of pesticides other than glyphosate, and increased risks for other medical problems.

In 2017, based on the IARC’s classification of glyphosate as a probable carcinogen, the State of California listed glyphosate as a carcinogen under Proposition 65 – the Safe Drinking Water and Toxic Enforcement Act of 1986 – a controversial law which requires businesses to inform the public about possible exposures to chemicals that are believed to cause cancer or other harm. Given the US EPA’s disagreement with the IARC’s assessment of glyphosate and determination that “glyphosate is not likely to be carcinogenic to humans,” the EPA considers the Proposition 65 warning about glyphosate to be false and misleading, and a misbranding under the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). As a result of this determination, the US EPA has subsequently denied the approval of all labelling that includes the Proposition 65 warning for products that contain glyphosate. This decision is supported by a federal court preliminary injunction granted against the Proposition 65 labelling requirement in 2018 that has not been appealed and remains in effect.

While the IARC classification of glyphosate has been widely criticized on a variety of grounds, including a focus on the scientific shortcomings and other problems associated with the IARC’s review of glyphosate, crafting a detailed rebuttal of the IRAC analysis is not the intent of this article. Many others have already done this, and their assessments are available and easily accessible through a variety of venues including editorials in respected journals for those who are interested. Several of these resources are included in the list of resources at the end of this article. The point is that it is important to understand the standards that are being used to evaluate the safety of substances like glyphosate and the environmental exposures and implications of those assessments.

Although the US EPA’s most recent registration review did not find evidence that glyphosate poses a risk to public health when used in accordance with its current label, and concluded that glyphosate is not likely to be carcinogenic to humans, the review did identify potential ecological and weed resistance risks associated with glyphosate and the US EPA is proposing new measures and label modifications designed to help applicators do a better job of targeting

Recent Legal Developments Since this article was written there have been some important developments regarding the labeling of glyphosate-based herbicides under California’s Proposition 65 and the ongoing litigation against the manufacturer of the glyphosate-based herbicide Roundup® claiming the herbicide is related to nonHodgkin’s lymphoma (NHL).

First, on June 22, 2020, the United States District Court for the Eastern District of California issued a permanent injunction that prevents the state of California from enforcing the Proposition 65 requirement that products containing glyphosate include a warning label indicating that glyphosate is a carcinogen. The ruling found that the Proposition 65 labeling requirement for glyphosate was unconstitutional on the grounds that the requirement violated First Amendment rights and would be false and misleading since every other regulatory authority that has considered the matter has determined that glyphosate is not likely to be carcinogenic in humans. The labeling requirement was also found to be in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The ruling could foster additional challenges to similar labelling requirements under Proposition 65 where the evidence pertaining to risk is uncertain if it is not appealed to the United States Court of Appeals for the Ninth Circuit or is upheld on appeal.

And second, on June 24, 2020, Bayer AG announced that it has agreed to pay nearly $11 billion to settle existing and potential future lawsuits by plaintiffs claiming the glyphosate-based herbicide Roundup® was the cause of their nonHodgkin’s lymphoma (NHL) or other cancers.

The proposed settlement does not contain any admission of wrongdoing or liability and Roundup® will remain on the market. Although the United States Environmental Protection Agency (US EPA) and every other regulatory authority worldwide has so far determined that glyphosate does not cause cancer in humans, it is believed that Bayer AG had little choice except a settlement in the face of tens of thousands of lawsuits that have been filed by law firms that have spent over $100 million recruiting plaintiffs.

The settlement addresses the majority of the existing claims and includes an allowance to deal with future claims. The three cases that have already gone to trial — the Johnson, Hardeman, and Pilliod lawsuits are not included in the settlement and will continue through the appeals process.

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glyphosate applications to protect pollinator habitat and pollinators by reducing drift and the potential for the development of weed resistance to glyphosate. These findings and actions are good examples of the ability and willingness of regulatory authorities to modify protections based on new scientific evidence and the regulatory scrutiny of glyphosate by the US EPA continues. The ongoing registration review of glyphosate, which was initiated in 2009, is expected to continue into 2021 according to the US EPA’s website – “EPA anticipates completing a draft biological evaluation for glyphosate by fall 2020 for public comment” and “Final endangered species determinations are anticipated in 2021.”

While it is true that all of the regulatory agencies worldwide that have evaluated glyphosate have thus far determined that glyphosate is unlikely to be a cancer risk or human health concern when used properly, it must be noted that, in addition to glyphosate, the other ingredients used in glyphosate-based herbicide formulations (e.g., surfactants) are quite variable and the potential impacts of some of these individual ingredients and all glyphosate-based herbicide formulations have not been studied fully. For example, Roundup® herbicide is toxic to fish and other aquatic organisms and is not labelled for use in or near waterbodies and using herbicides that are not approved for aquatic use is a violation of federal and state pesticide laws. This prohibition is based on the surfactant used in Roundup® which has been shown to be the toxic ingredient and not the herbicidal active ingredient glyphosate. Instead, only glyphosatebased herbicide formulations like Rodeo®, PondMaster®, Shore-Klear®, and others that do not include surfactants or use surfactants that are not toxic to aquatic organisms and are approved for use in aquatic environments should be used. So, while the regulatory authorities worldwide believe the scientific information available does not support the idea that glyphosate is carcinogenic, it has been suggested that it is possible that carcinogenic, glyphosate-containing herbicide formulations may exist depending on the ingredients in a particular formulation.

The Development of Glyphosate First synthesized as a compound that might have pharmaceutical applications by a chemist working for the Swiss company Cilag (now a subsidiary of Johnson & Johnson) in 18

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1950, and subsequently rediscovered and recognized as a compound that might have herbicidal properties by Monsanto (acquired

by Bayer AG in 2018) in 1970, glyphosate was approved for use as a herbicide by the United States Environmental Protection Agency (US EPA) forty-six years ago in 1974. Since then, glyphosate has become an important tool for managing weeds in a variety of agricultural and landscape settings worldwide and more than 750 products containing glyphosate are currently sold in the United States alone. For the purpose of weed control, glyphosate is a post-emergent, systemic, non-selective, broad-spectrum herbicide that has been widely embraced for weed control in both agricultural and non-agricultural situations all over the world because of its low toxicity to people, fish, and other wildlife and its effectiveness as a herbicide in a variety of agricultural production systems and managed landscapes.

Glyphosate is strongly adsorbed to soil particles and becomes unavailable for plant uptake from the soil which reduces the potential for leaching and non-target plant damage. Soil inactivation also allows crops to be planted sooner and makes glyphosate compatible with the use of cover crops. In row-crop agriculture, glyphosate is also valued as an important component in minimum tillage practices that maximize and conserve soil moisture and minimize soil loss. And finally, glyphosate use is also credited with reduced greenhouse gas emissions, reduced labor and fuel costs, and increased crop yields, and is an important tool for controlling invasive species and noxious weeds and in landscape renovation and restoration efforts.

In its pure form, glyphosate is a nonvolatile, white solid and glyphosate-based herbicides are formulated and sold in liquid concentrate, solid, and ready-touse liquid formulations under a variety of names besides Roundup® since the U.S. patent expired in 2000. Of course, the most familiar glyphosate-based products are the herbicides sold under the registered trade name Roundup® and glyphosate has become the foundation of weed control in a number of agronomic crops like corn, soybeans, and cotton as a result of genetic modifications that have rendered these crops resistant to glyphosate. More recently, glyphosate has also been used as a pre-harvest desiccant for a variety of crops including grains like wheat, oats, and barley, and a few other crops

like dry beans. In 1996, soybeans (Glycine max) were the first crop to be genetically modified to be resistant to glyphosate and, not surprisingly, these glyphosateresistant (Roundup® ReadyTM) soybeans were developed by Monsanto. This development revolutionized weed control in agricultural fields and fostered the development of other glyphosate-resistant crops because agricultural weeds could be effectively controlled while the agronomic crops were actively growing without damage to the crop plants. Without a doubt, this was a revolutionary achievement.

IPM and Glyphosate While the discovery of glyphosate and the development of “Roundup® Ready” crops has proven to be an effective and valuable tool in agricultural weed management on a large scale, it must also be noted that the reliance on glyphosate-resistant technology has always been problematic relative to the principles of integrated pest management (IPM) and the likelihood that weeds would eventually develop resistance to the active ingredient glyphosate should have been recognized and anticipated. Not surprisingly, weed resistance to glyphosate has, indeed, become a serious and growing problem and was first documented in 1996, the year glyphosate-resistant soybeans, the first glyphosate-resistant crop, were developed.

This is not surprising and should have been expected given the reliance on a single chemistry (glyphosate) and a single mode of action of weed control; specifically, inhibition of the shikimate pathway (also called the shikimic acid pathway) by inhibiting the EPSPS enzyme – 5-enol-pyruvyl-shikimate3-phosphate (EPSP) synthase (EPSPSase).

This enzyme is involved in the synthesis of the aromatic amino acids tryptophan, tyrosine, and phenylalanine which, along with the other amino acids, are the building blocks of proteins. As a result, the inhibition of EPSP synthase leads to depletion of these aromatic amino acids and ultimately inhibits protein synthesis and other biosynthetic pathways involved in plant growth. Given its mode of action, glyphosate is classified as an EPSP synthase inhibitor – Weed Science Society of America (WSSA) Herbicide Mode of Action Group 9 (United States and Canada), Herbicide Resistance Action Committee (HRAC) Mode of Action Group G (all other countries except Australia), and Australian Classification System Mode of

Action Group M (only used in Australia). The shikimate pathway is also involved in the biosynthesis of a variety of other compounds including phytoalexins, plastoquinone, alkaloids, cinnamate, coumarin, and flavonoids. Glyphosate is readily absorbed by foliage and other green tissues and is transported via the phloem to apical meristems where it inhibits protein synthesis.

The shikimic acid pathway is not found in humans and other animals and is the reason why animals must obtain these essential amino acids through their diet.

As every weed manager should know, reliance on a single mode of action has the potential to be problematic when it comes to the development of herbicide resistance and the evolution of herbicide resistant weeds and weed populations. Only using herbicides when justified, rotating or combining compatible herbicides that have different modes or sites of action, and combining herbicide applications with mechanical weed control practices like cultivation to reduce the likelihood of the development of herbicide resistance and herbicide-resistant weed biotypes are basic weed management principles and ignoring such tenants of weed control becomes a problem for all weed managers. The development and spread of herbicide-resistant weeds affects everyone as a result of reduced herbicide efficacy, increased weed control costs, reduced plant quality and crop yields, and the loss of herbicides that results in fewer herbicide options for controlling weeds.

The widespread, growing, and exclusive reliance on glyphosate resistant (Roundup® ReadyTM) crops (crops that have been genetically modified to make them resistant to glyphosate), mainly agronomic crops including canola, corn, soybeans, cotton, sugar beets, and wheat, but also Kentucky bluegrass and other species, ignores this basic principle and we are now facing the consequences of this short-sighted reliance on a single active ingredient with a single mode of action as a weed control strategy.

Using a multimodal strategy wherein multiple chemistries with different modes of action are used in combination or in rotation to help prevent the development of herbicideresistant weeds is always the better approach when using herbicides.

It is becoming ever more obvious that the widespread, and often exclusive, reliance on glyphosate-based herbicides and other herbicide chemistries is resulting in an

increasing number of glyphosate-resistant weed species, including, but not limited to, Palmer amaranth (Amaranthus palmeri; an introduced species and a serious weed that has only recently been found in Minnesota), common/tall waterhemp (Amaranthus tuberculatus), common and giant/great ragweed (Ambrosia artemisiifolia and Ambrosia trifida, respectfully), horseweed/ marestail (Conyza canadensis), kochia (Bassia scoparia, synonym Kochia scoparia), also called summer cypress, burningbush, and Mexican fireweed, and barnyard grass (Echinochloa crus-galli), are becoming resistant to glyphosate and, in some cases, other herbicide chemistires with various modes of action making it very difficult to control these weeds in agricultural systems.

In the case of Palmer amaranth, common/ tall waterhemp, and other members of the genus Amaranthus, enhanced outcrossing as a consequence of these species being dioecious (individual plants male or female) results in the rapid spread of inherited characteristics like herbicide resistance and these species have become leading examples of herbicide resistance and its negative and costly consequences. In response to growing concerns about glyphosate resistance, agricultural chemical companies are now developing crops that are resistant to multiple herbicides with different modes of action in an attempt to remedy this growing concern.

Researchers are also searching for new herbicide technologies based on novel modes of action, but the success of these initiatives has thus far been limited. Additional information about herbicide resistance is available from the Weed Science Society of America (WSSA) at http://wssa.net/wssa/ weed/resistance/.

Based on the information in the International Herbicide-Resistant Weed Database, and highlighting the extent of the herbicide-resistant weed problem, there are currently 513 species- and mode of actionspecific occurrences of herbicide resistant weeds involving 262 species (152 dicots and 110 monocots), resistance to 23 of the 26 known herbicide modes of action, and 167 specific herbicides. Herbicide resistant weeds have also been reported in 92 crops in 70 countries. Interestingly, in thinking about herbicide-resistant crops and weeds and the non-target impacts of herbicides on important native and landscape species and especially plant species that are important to pollinators, one might ask whether any of

the species of milkweed (Asclepias spp.), the exclusive food of larval monarch butterflies (Danaus plexippus), have developed herbicide resistance? Somewhat surprisingly, no cases of herbicide resistance in the genus Asclepias have been documented on the herbicideresistant weed database. From a pollinator perspective, and specifically regarding the ongoing concerns about declining monarch butterfly populations, this is an interesting finding. Whether herbicide resistance in milkweed and other pollinator species might be of benefit to monarch butterflies and other pollinators is an intriguing question and a potential research opportunity keeping in mind that such initiatives can have benefits and unintended consequences that deserve careful consideration.

Pesticide and Herbicide Resistance Pesticide applicators must recognize, understand, and respect the threat posed by pesticide resistance – the ability of pests, including weeds, to evolve and develop resistance to pesticides, including herbicides, as a result of repeated exposure to pesticides under field conditions – and must select and apply pesticides properly to help prevent the development of pesticide resistance. In the case of herbicide resistance, avoiding reliance on a single herbicide mode of action is critical in this regard. In addition to only using herbicides when necessary, other practices that should be employed to reduce the potential for the development of herbicide-resistant weeds include identifying the weeds that are present and understanding their life cycles, choosing herbicides that are labeled to control the weeds present, rotating herbicides with different modes of action; not applying herbicides with the same mode of action more than two times consecutively (including for herbicide-resistant crops and regardless of timeframe – applications within the same year or single applications in successive years) unless combined with other weed control strategies, using herbicides that have multiple modes of action in combination (tank mixes, combination products) or sequentially, rotating crops where appropriate (including the use of cover crops), employing mechanical weed control practices to help eliminate herbicide-resistant weeds (cultivation/tillage), scout weeds and weed populations regularly paying special attention to the possibility of herbicide resistance, controlling weeds in fields before planting and keeping fields as weed-free as possible, august 20 MNLA.BIZ

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paying special attention to preventing weeds from setting and dispersing seed, clean equipment when moving from field to field to avoid the introduction of new or herbicideresistant weeds, and encourage other weed managers to follow good weed management practices. These are common-sense tactics that can make a difference.

Are there Alternatives?

Are there alternatives to glyphosate for managing weeds in crops and landscapes?

The answer is yes, and no, with the most realistic answer being sometimes, but there are always pros and cons associated with any weed management practice and these tradeoffs must be carefully considered when making weed management decisions including weed management options that are not herbicide-based. Cultivation, hand pulling, smothering, solarization, steaming, flame weeding, landscape fabric, grazing animals (weeder geese, goats), crowding (proper plant spacing), cover/companion crops, proper mowing height and other cultural practices the enhance turf vigor and competitiveness, and mulching are some of the more common alternatives. Again, each has plusses and minuses and suitabilities that must be considered.

Needless to say, the IARC classification of glyphosate as “probably carcinogenic in humans” has increased given zealous, vocal, and engaged activists that are groups of citizens that are adamantly opposed to the use of glyphosate-based herbicides and they are generally the same group of people that oppose the use of pesticides in general. As a result, and as often happens with these types of controversies, the use of glyphosatebased herbicides has subsequently become an emotional issue and these individuals and groups are very engaged and have gotten considerable attention and are increasingly having an impact on pesticide use at the local government level and in some cases the state level but to a lesser extent. Given the status quo, whether this trend will continue is an open question, but it should probably be assumed that it will. It is, therefore, important that agricultural leaders, professional associations like the MNLA, and pesticide applicators be engaged, not as unquestioning advocates, but in search of the truth with open minds, and share their views with regulators and legislators to help prevent the arbitrary removal of these important tools

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from the IPM toolbox without justification.

Rigorous Analysis is Needed Given the long history of glyphosate availability and use, the body of research related to the utilization and safety of glyphosate and, to a lesser extent, glyphosatebased herbicides in general, is voluminous and sometimes contradictory. Scientific investigation can be defined as the search for truth, but this is not an easy task and the quality and rigor of scientific research is variable and the findings contradictory.

In addition, how research findings are interpreted can, unfortunately, be tainted by bias. As frustrating as it may be, this regrettable reality is one of the reasons why research findings should always be peerreviewed and viewed with considerable skepticism by scientists and the public who may or may not be well-informed and are rarely experts. The truth is, although some would have us believe differently relative to a number of controversial issues of our time and throughout history, science is rarely, if ever, settled and skepticism is, therefore, always advised and is a foundational component of the scientific method. The best scientists are skeptics and do not jump to conclusions or give more or less credence to research findings and their interpretation than they deserve. For these reasons, caution should always be the rule and cherry-picking research that fits a particular narrative or agenda, rather than basing decisions on a rigorous analysis of the full contingent of research findings available, is irresponsible and does not reflect good public policy.

The statement that “the science is settled” is fundamentally and exceedingly unscientific and more often than not a canard that should raise red flags because it too often has more to do with political agendas and silencing critics than reality. Scientific findings are meant to be questioned and subject to critical review and independent verification. This does not mean basic scientific “truths” do not exist (though they are still subject to further study) or that scientific findings should be summarily rejected or ignored, it simply means that open-mindedness and caution is always advised. Similarly, successful litigation, which may or may not be based on the best of intensions or scientific consensus, is not a reliable measure of cause and effect or validation of a particular perspective from a scientific perspective and should

never be viewed as validation of a particular position. Although jurors may have the best of intensions, their verdicts are only as good as the information presented during trial and its interpretation and the role of emotion can never be underestimated. The reality is that few things in life are without risk and risks must always be weighed against benefits when making decisions about the best course of action in a particular situation and this includes an analysis of the risks and benefits of agricultural technologies including herbicides like glyphosate and pesticides in general. Lest we forget, this is the basic principle of IPM theory and should be the controlling principle in IPM practice.

Speaking of IPM, or more specifically integrated vegetation management (IVM) when managing weeds (including woody and herbaceous species), it should be noted that the Minnesota Nursery and Landscape Association (MNLA) has recognized the importance of IPM practices and has had an approved policy in support of IPM principles for some time and this discussion provides an opportunity to highlight this policy. Although sometimes and increasingly questioned by individuals and groups that are strictly opposed to pesticide use in general, pesticides, including EPA-approved herbicides like glyphosate, can be valid and effective IPM options for weed control when justified as the best choice for the job, when chosen and applied properly according to their labeled uses, and by using the minimum amount of the pesticide that is required to achieve the desired pest management goals within a carefully crafted IPM plan. These are the basic tenants of IPM which includes the judicious use of pesticides, including the prudent use of herbicides to manage problem weeds when justified.

Recognizing that the MNLA IPM policy could be improved, the MNLA Board of Directors has recently updated the MNLA’s IPM policy (Document K - Legislative and Regulatory Principles and Positions Policy #2012-1 – Integrated Pest Management; updated 3/21/2019) to include a more thoughtful and detailed definition of IPM. In general, the policy supports the responsible use of pesticides as a tool for managing pests when used within an integrated pest management framework and in strict compliance with the requirements developed by the US EPA and included on the pesticide label. The text of the MNLA IPM policy states: The MNLA supports and encourages

the use of Integrated Pest Management (IPM), a deliberative, comprehensive, science-based, and common-sense approach to pest management that identifies and reduces risks from pests and pest management strategies. IPM coordinates the use of pest biology, environmental information, and the most current technology available to prevent unacceptable levels of pest damage by the most economical means, while posing the least possible risk to people, property, resources, and the environment.

IPM is an informed and iterative pest management strategy wherein the pest control strategies employed are evaluated and modified based on their effectiveness in controlling pests in a responsible, judicious, and cost-effective manner. IPM provides an effective strategy for managing pests in all arenas, from developed agricultural, residential, and public areas to wild lands. IPM serves as an umbrella to provide an effective, all encompassing, low-risk approach to protecting resources and people from pests.

The primary components of a comprehensive IPM program includes being aware of prospective pests and their harmful effects, defining unacceptable pest or damage levels as a guide for future pest control decisions (site- and pest-specific action thresholds), ongoing pest monitoring (scouting) and proper identification, understanding the life cycles of potential pests and their interactions with the environment, using pro-active cultural practices as the first line of defense to help prevent pests from becoming a threat (site-specific crop selection, crop rotation, plant quarantine, sanitation, etc.), enacting appropriate pest control measures based on an evaluation of need and their effectiveness and risk, continued monitoring of pest levels and evaluation of the effectiveness of the pest management strategies employed, and using additional or alternative pest control measures if needed. Less risky pest control measures that are effective are chosen first when action thresholds are exceeded and pest control is necessary. While controlling pests and the damage they cause is the primary objective of IPM, the pest control, damage prevention, and risk reduction

goals of IPM are usually not absolute.

With occasional exceptions, the intent is usually not the complete elimination of pests, damage, and risk, it is to keep pest populations and damage within acceptable levels and to minimize, not eliminate, the associated risks. When needed, potential IPM pest control options include mechanical controls (hand-picking insects, pulling weeds, barriers, traps, pruning, cultivation, etc.), biological controls (beneficial insects, biological pesticides, pheromones, sterile inset techniques, etc.), genetic resistance (plant breeding and selection, pest-resistant varieties), and chemical controls (the appropriate and targeted use of synthetic pesticides in strict compliance with the requirements developed by the US EPA and included on the pesticide label.

The MNLA IPM policy, and other MNLA policies, are available on the MNLA website at www.MNLA.biz/about.

The MNLA is not an authority relative to the safety of glyphosate and glyphosatebased herbicides, nor any other agricultural chemicals, and does not specifically endorse the use of glyphosate nor any pesticide or agricultural chemical. The MNLA and its national partners representing the nursery and landscape industry — AmericanHort and the National Association of Landscape Professionals (NALP) all agree that the responsibility for making these decisions from a regulatory standpoint rests with the US EPA and the FIFRA review process (personal communications). Does this mean glyphosate is completely benign as a method of weed control or that greater or new unintended impacts associated with the use of glyphosate might be revealed in the future? Of course not, but the same is true of radiation therapy and chemotherapy for the treatment of cancer, as well as solarization, goat grazing, and even cultivation as methods of weed control. All have risks and benefits as does the consumption of red meat, fried foods, and hot beverages (all of which are also classified as probable cancer risks by the IARC), as well as exposure to solar radiation and the consumption of alcohol and processed meats (classified as Group 1 carcinogens by the IARC). The MNLA supports research focused on the development of new and improved herbicide and other pesticide and pest management

technologies to improve the efficacy and safety of pest management. The MNLA does not support the indiscriminate use of pesticides or other agricultural chemicals like fertilizers and supports the responsible regulation of pesticides based on sound science and an understanding of any risks that may be involved to ensure pesticides are used properly and to maximize safety for pesticide applicators, the public, and the environment. To this end, the MNLA will continue to be engaged along with our industry partners at the national, state, and local level to educate lawmakers, nursery and landscape consumers, and the general public as an advocate for the safe use of approved pesticides and other agricultural chemicals when justified and based on sound IPM principles and the implementation of nursery and landscape best management practices (BMPs) from an environmentally sound perspective.

The Label is the Law Regardless of the ongoing debate about glyphosate and other pesticides and landscape, it is ultimately up to the applicator and the property owner to decide whether or not to use a pesticide or other chemical within the confines of a carefully crafted IPM strategy. And when pesticides and other nursery production and landscape chemicals are used, nursery and landscape professionals should always read, understand, and follow the label and any other mandated application requirements including notification, personal protective equipment (PPE), drift prevention and other precautions to prevent non-target impacts, cleanup and personal hygiene, and storage and disposal requirements.

Under Occupational Safety and Health Administration (OSHA) requirements and as described by the US EPA, “pesticide labels are enforceable and must include the statement, “It is a violation of Federal law to use this product in a manner inconsistent with its labeling.” Stated simply, the label is the law. A critical function of the label is to translate the results of the science evaluations into a set of conditions, directions, precautions, and restrictions that define who may use a pesticide, as well as where, how, how much, and how often it may be used.” Once again, the label is the law.

And one final thought about the glyphosate and broader pesticide safety debate. Too often people who oppose pesticide use, august 20 MNLA.BIZ

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including the use of herbicides that have glyphosate as the primary active ingredient, assume glyphosate use in nursery and landscape settings is comparable to the amounts used in corn and soybean fields (i.e., row crop agriculture and Roundup® Ready crops). Of course, this is not true since the acreage involved, and the amounts of the products used, are generally much smaller because they are typically applied as targeted spot treatments. The use of glyphosate to kill large areas of existing turf during turf renovation, when converting existing turf to prairie or another turf alternative, and in landscape restoration projects are exceptions, but these are usually one-time applications made for a long-term environmental benefit. Similarly, many people who should know better, given their alleged expertise and opposition to glyphosate, believe glyphosate is commonly used to control weeds in residential lawns and park and sports turf which, of course, is also not true, since the turf would be killed along with the weeds. Such misunderstandings are problematic as these misconceptions are often the driving force behind objections to glyphosate-based herbicides and pesticides in general, and ignorance and misrepresentations should have no place in serious discussions about the use and safety of these types of products.

So, what are the primary messages of this article?

1. First and foremost, the consensus of pesticide regulators worldwide is that glyphosate is safe when used properly.

In addition, the MNLA and its industry partners recognize the US EPA as the leading expert and the regulatory authority for pesticides in the United States and accepts its assessment of the safety of glyphosate with the understanding that the agency will continue to monitor the research and make changes to the labelling of glyphosate-based herbicides as needed.

2. Increasing concerns about the development of herbicide-resistant weed biotypes, and especially weeds with multiple herbicide resistances, is highlighting the need for increased awareness and adherence to weed control practices that discourage the development of herbicide resistance and for research focused on improved weed management options and strategies.

3. Public concerns about pesticide use are 22

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not likely to disappear and the social license to use herbicides may become further restricted as a consequence of public perception and demands that herbicides, and pesticides in general, not be used. And although herbicides and other pesticides should only be used when justified and should always be used with great care, this trend may ultimately dictate a reduced dependency on synthetic herbicides for weed control in agricultural and landscape settings and a need for alternative weed management solutions that are effective and maintain profitably in both the shortand longer-term. Some agribusiness and nursery and landscape firms have already responded to calls to abandon herbicides as a method of weed control or are variously transitioning toward this goal.

4. Finally, for those who simply prefer to not use glyphosate or other synthetic herbicides, there are options, but it must be recognized that they are not free of problems of their own and additional research is needed to help nursery and landscape professionals successfully transition to a more limited herbicide world.

In all cases, research is the key.

The following selected resources may be of interest: American Cancer Society. 2018. What Causes

Non-Hodgkin Lymphoma? https://www.cancer.org/ cancer/non-hodgkin-lymphoma/causes-risks-prevention/what-causes.html

American Council on Science and Health (ACSH).

1978-2020. Glyphosate. https://www.acsh.org/ tags/glyphosate

American Council on Science and Health (ACSH).

Status of Glyphosate. Pest Management Science

74(5):1027-1034. https://digitalcommons.unl.edu/ usdaarsfacpub/1766; https://www.researchgate.

net/publication/317849846_The_history_and_cur-

rent_status_of_glyphosate

Fischer, Daniel. 2019. Roundup, Talc Cases Force Question: What if Juries Get the Science Wrong?

Northern California Record; July 22, 2019. https://

norcalrecord.com/stories/512779047-roundup-talccases-force-question-what-if-juries-get-the-sciencewrong

Food and Agriculture Organization of the United Nations (FAO) and the World Health Organiza-

tion (WHO). 2016. Joint FAO/WHO Meeting on Pesticide Residues (diazinon, glyphosate, and

malathion). Geneva, Switzerland; May 9-13, 2016.

https://www.who.int/foodsafety/jmprsummary2016. pdf?ua=1

Genetic Literacy Project. 2016. Is glyphosate

(Roundup) dangerous? https://gmo.geneticliteracyproject.org/FAQ/is-glyphosate-roundup-dangerous/ Gunsolus, J. 2018 (last update). Herbicide-Resistant Weeds. University of Minnesota Exten-

sion. https://extension.umn.edu/herbicide-resistance-management/herbicide-resistant-weeds

Heap, I. 2020. The International Herbicide-Resistant Weed Database. www.weedscience.org

Henderson, A.M., J.A. Gervais, B. Luukinen, K. Buhl, D. Stone, A. Cross, and J. Jenkins. 2010.

Glyphosate: General Fact Sheet. National Pesti-

cide Information Center, Oregon State University

Extension Services. http://npic.orst.edu/factsheets/ glyphogen.html

Hugh J. Beckie, H.J., K.C. Flower, and M.B.

Ashworth. 2020. Farming Without Glypho-

sate? Plants 9(1):96-??. https://doi.org/10.3390/ plants9010096; https://www.mdpi.com/22237747/9/1/96/htm

2019. Infographic: Global Regulatory, Health

International Agency for Research on Cancer

Causes Cancer. March 28, 2019. https://www.

tion of Carcinogenic Hazards to Humans: Agents

Research Agencies on Whether Glyphosate

acsh.org/news/2019/03/28/infographic-global-regulatory-health-research-agencies-whether-glyphosate-causes-cancer-13913

(IARC). 2020. IARC Monographs on the IdentificaClassified by the IARC Monographs, Volumes

1–125. https://monographs.iarc.fr/agents-classified-by-the-iarc/ ≠

Andreotti, G., S. Koutros, J.N. Hofmann, D.P.

International Agency for Research on Cancer

Roos, C.G. Parks, M.C. Alavanja, D.T. Silverman,

graphs on the Evaluation of Carcinogenic Risks

Sandler, J.H. Lubin, C.F. Lynch, C.C. Lerro, A.J. De and L.E.B. Freeman. 2018. Glyphosate Use

and Cancer Incidence in the Agricultural Health Study. Journal of the National Cancer Institute

110(5):509-516. https://academic.oup.com/jnci/ article/110/5/509/4590280

Duke, S.O. 2017. The History and Current

(IARC). 2017. Glyphosate. In: IARC Mono-

to Humans: Some Organophosphate Insecticides and Herbicides. IARC Working Group on the

Evaluation of Carcinogenic Risks to Humans, Lyon, France; March 3-10, 2015. Monograph/Volume 112, Pages 321-412. World Health Organiza-

tion (WHO) Press, Geneva, Switzerland. http://

iStock.com/Eerik

publications.iarc.fr/Book-And-Report-Series/

Glyphosate as a Probable Human Carcinogen.

cinogenic-Hazards-To-Humans/Some-Organophos-

87. https://journals.lww.com/eurjcancerprev/

Iarc-Monographs-On-The-Identification-Of-Carphate-Insecticides-And-Herbicides-2017

Kabat, Geoffrey. 2019. Who’s Afraid of Glyphosate?

European Journal of Cancer Prevention 27(1):82Abstract/2018/01000/On_the_International_Agen-

cy_for_Research_on_Cancer.12.aspx

Issues in Science and Technology 36(1):64-73.

The Bayer Group. 2020. All About Glyphosate.

Kabat, Geoffrey. 2017. Getting Risk Right: Un-

https://www.bayer.com/en/glyphosate-roundup.aspx

https://issues.org/whos-afraid-of-roundup/

derstanding the Science of Elusive Health Risks.

Columbia University Press, New York, NY.

Kabat, Geoffrey. 2019. Glyphosate? Genetic Literacy Project; February 18, 2019. https://

geneticliteracyproject.org/2019/02/18/41-glyphosate-cancer-increase-claim-under-fire-did-the-au-

thors-of-new-meta-study-deliberately-manipulate-data-or-just-botch-their-analysis/

Kniss, Andrew R. 2017. Long-Term Trend in the

Last updated June 12, 2020.

The Bayer Group. 2020. Glyphosate Litigation Facts. http://www.glyphosatelitigationfacts.com/main/

United States Environmental Protection Agency (US EPA). 2020. Glyphosate. Last updated

January 30, 2020. https://www.epa.gov/ingredients-used-pesticide-products/glyphosate

EPA Pesticide Registration, Glyphosate, and Glyphosate Registration Review documents:

Intensity and Relative Toxicity of Herbicide Use.

United States Environmental Protection Agency

(2017). https://www.nature.com/articles/ncom-

Glyphosate Mitigation; January 30, 2020. https://

Nature Communications 8: Article number: 14865 ms14865

Mayo Foundation for Medical Education and

(US EPA). 2020. Press Release: EPA Finalizes www.epa.gov/pesticides/epa-finalizes-glyphosate-mitigation

Research/Mayo Clinic. 2018. Non-Hodgkin’s lym-

United States Environmental Protection Agency

ditions/non-hodgkins-lymphoma/symptoms-causes/

Decision and Responses to Public Comments

phoma. https://www.mayoclinic.org/diseases-consyc-20375680

Monsanto Technology LLC / Monsanto Company.

2020. Roundup. https://www.roundup.com/en-us National Institutes of Health. 2020. The Agricultural Health Study. https://aghealth.nih.gov/

Pelouze, G.-A. 2018. How do You Assess if a

Chemical Causes Cancer. Slate Magazine, The

Slate Group; January 24, 2018. https://slate.com/

technology/2018/01/years-of-testing-shows-glyphosate-isnt-carcinogenic.html

Tarone, R.E. 2018. On the International Agency for Research on Cancer Classification of

(US EPA). 2020. Interim Registration Review for Glyphosate. https://www.epa.gov/ingredi-

ents-used-pesticide-products/interim-registration-review-decision-and-responses-public

United States Environmental Protection Agency

(US EPA). 2020. Federal Insecticide, Fungicide,

and Rodenticide Act (FIFRA); https://www.epa.gov/ enforcement/federal-insecticide-fungicide-and-rodenticide-act-fifra-and-federal-facilities

United States Environmental Protection Agency (US EPA). 2020. Glyphosate: Interim Registra-

tion Review Decision / Case Number 0178. EPA

Pesticide Re-Evaluation Division; January 22, 2020.

https://www.epa.gov/sites/production/files/2020-01/

documents/glyphosate-interim-reg-review-deci-

sion-case-num-0178.pdf

United States Environmental Protection Agency

(US EPA). 2019. Glyphosate: Proposed Interim

Registration Review Decision Case Number 0178.

EPA Pesticide Re-Evaluation Division; April 23,

2019. https://www.regulations.gov/document?D=EPA-HQ-OPP-2009-0361-2344

United States Environmental Protection Agency

(US EPA). 2019. News Release: EPA Takes Next

Step in Review Process for Herbicide Glyphosate, Reaffirms No Risk to Public Health. EPA Press

Office; April 30, 2019. https://www.epa.gov/news-

releases/epa-takes-next-step-review-process-herbicide-glyphosate-reaffirms-no-risk-public-health

United States Environmental Protection Agency

(US EPA). 2019. News Release: EPA Takes Action to Provide Accurate Risk Information to Consumers, Stop False Labeling on Products. EPA Press

Office; August 8, 2019. https://www.epa.gov/newsreleases/epa-takes-action-provide-accurate-risk-information-consumers-stop-false-labeling

United States Environmental Protection Agency (US EPA). 2019. Letter to Glyphosate Registrants on California Proposition 65; August 7, 2019. https://www.epa.gov/sites/production/

files/2019-08/documents/glyphosate_registrant_ letter_-_8-7-19_-_signed.pdf

United States Environmental Protection Agency

(US EPA). 2019. Pesticide Registration: Labeling

Requirements. https://www.epa.gov/pesticide-registration/labeling-requirements

➽To comment on this research update, suggest research topics of interest, or pass along a piece of research-based information that might be of interest to your industry colleagues, please email us at Research@MNLA.biz.

august 20 MNLA.BIZ

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FOUNDATION

24

MNLA.BIZ august 20

URGENT MNLA Foundation:

REQUEST DURING CHALLENGING TIMES Jay Siedschlaw Hennepin Technical College

iStock.com/Coompia77

AS I WRITE THIS ARTICLE, it gives me a chance to think back to the past few months. It reminds me of swimming lessons as a child. Except instead of a kind swimming instructor coaching me to jump off the board, the past few months was more of a hairy bully that grabbed us all by the back of the neck and launched us into the deep end.

I do want to pause for a moment and thank Tim Malooly, Cassie Larson, Jon Horsman, and all of the MNLA staff for their diligent work during this crisis. Your hard work did not go unnoticed and is greatly appreciated.

Those of us in Education had to learn to swim quickly due to COVID-19. We went from working with our students in design studios, computer labs and greenhouses to trying to figure out Zoom, Google Meet, Microsoft Teams, and countless other software platforms that many of us had hardly ever used or even heard of.

I was grateful and impressed by our software vendor partners. They stepped up immediately and offered free access to our students in order to work from home.

Our students, wow! They went from long lab hours, being typical college students and balancing work and school to being stuck at home. The lack of classroom interaction was difficult, but they rose to the occasion. They showed up, put a smile on, and got their work done. We shared laughs as we each got a peek into the homes. Mainly, who organized their book shelfs the best as to set the perfect Zoom screen background. august 20 MNLA.BIZ

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OUR HUMBLE REQUEST IS URGENT.

”

Now on to a much more serious topic, the survival of Horticulture in higher education. Our programs are at risk. It’s a fact that our programs have much smaller enrollments compared to other programs at our campuses. We don’t have the same head counts as Nursing, Dental Hygiene, or Computer Science. Each college will be looking at cut-backs, it’s certain. We need your support!

As the MNLA Foundation Board Chairman, I’ve been silent in asking our members for a big “request.” Honestly, I’ve felt that there would come a time when a request was urgent and necessary. The time is here. What I’m asking for is for your company’s support in doing one simple thing. Enroll one employee in a class at a college or university this fall semester. Sign them up. Get them enrolled in a class that will benefit them and your organization. Many of our classes will be delivered in an online form, a blended hybrid, or even in person this fall.

Many of us as instructors, professors and staff have worked hard to create classes that are relevant and that can be delivered online.

From a positive perspective, it has forced us to offer classes that many of us swore we would never teach online. For over 15 years, I have had requests to offer classes such as Sustainable Landscape Design, Landscape Computer Applications, Woody Plants and others online.

Honestly, one reason for not offering them was knowing how much work it would be to create valuable content delivered in a distance learning situation. Well, through this crisis we figured it out. We are still figuring it out. But we are emerging into a new reality, one where we can use technology and creativity to become more accessible to students across the state.

So, this is what we need: 1. Identify one or more employees that would be willing to take a class.

2. Research horticulture programs at MNLA member colleges and universities.

3. Pick a class.

4. Sign them up.

It’s that simple. If each college can increase their enrollments by even 10 students, it will make a difference. It doesn’t sound like much, but it is. Out of the over 1,000 member companies in MNLA, I’m confident our membership can step up and conquer this challenge.

On behalf of all of my higher education faculty friends from local colleges and universities, we are here for you. We have accepted the challenges of the crisis we all find ourselves in, and we want our programs to survive and thrive by serving you. If you have any questions or concerns, feel free to reach out to me personally. Feel free to reach out to any of your local educational professionals for other ways in which to lend support as well.

Our humble request is urgent. ➽ JAY SIEDSCHLAW is a Landscape Instructor at Hennepin Technical College and President of the MNLA Foundation. Contact Jay at 763-488-2555 or jay.siedschlaw@hennepintech.edu. Find out more about Hennepin Tech’s Landscape, Horticulture and Greenhouses program at https://www.hennepintech.edu/academic-programs/landscape-horticulture-and-greenhouse/index.html.

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302 302 302

www.jeffbelzerchevy.com Version # 4 Version # 4 Version # 4

Document Name GMC1-12-FCO-03178-302_v4.indd Document Name GMC1-12-FCO-03178-302_v4.inddLinked Graphics Art Director Control Document Name GMC1-12-FCO-03178-302_v4.indd 12KTFLCHEV032.tif Linked GraphicsRGB

Retail Planning Flyer Control Art Jarret Petsch •Mechjpetsch@jeffbelzer.com Scale 100 8.75”952-469-7063 x 11.25” Bleed Chevy CopyDirector Writer TBD

RGB

12KTFLCHEV032.tif RGB HD CC with Dump_psd.psd Linked GraphicsRGB Control Art Director 11CHSL00054.jpg RGB Mech TBD Copy Print Scale Scale 100 12KTFLCHEV032.tif RGB None BusinessCentral_KO.ai ProjWriter Mgr csenn HD CC with Dump_psd.psd RGB 11CHSL00054.jpg RGB Scale Please 100 GM_business_choice.ai TBD Copy Writer Jeff Belzer Lakeville,Mech MN. call the Commercial Department at 952-469-4444.

Print Scale None BusinessCentral_KO.ai csenn Proj Stock None HD CC with Dump_psd.psd RGB Acct Mgr Svc kdenmark cube_0758.jpg RGB GM_business_choice.ai Print Scale Trim None 8.5” x 11” BusinessCentral_KO.ai csenn Proj Mgr Family_shot cube_exprss_slvrdo_a6.tif RGB All Rebates & incentives to dealer, must qualify for same, prices subject to change.

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CONTENT CONTENT CONTENT

Job Description 8.75” Chevy Retail Planning Flyer 11.25” Bleed Trim 8.5” x x11” 8.75” x 11.25” Chevrolet, 50Bleed & Cedar, Box 965, Trim Live 8.5” 8.25”x x11” 10.75”

Publications None

Colors In-Use Cyan Colors In-Use

Last Modified 4-17-2012 3:37 PM 4-17-2012 3:37 PMDate Last Modified Printer Output 4-17-2012 3:37 PMDate Last Modified TITAN 4-20-2012 1:48 PM Printer Output

User ma-klane User

John Zadurski 952-469-6818 • User jzadurski@jeffbelzer.com 4-20-2012 1:48Date PM Colors In-Use Printer Output

11CHSL00054.jpg

840 ppi 270 ppi 840 ppi 1089ppippi 270 840 ppi 1089 ppi 270 ppi 1089ppi, ppi461 ppi 464 1112 ppi461 ppi 464 ppi, 421 1112ppippi 464 ppi, 419 ppi ppi 461 ppi 421 1112ppi, ppi 844 419 ppi 1708 ppi 421 ppi 1006 ppi,1708 1004ppippi 844 ppi, 419 ppi 1418 ppi, 1004 1482 ppi ppi 1006 ppi, 844ppi, ppi,858 1708ppippi 860 1418 ppi, 1482 ppi 1006ppi, ppi,605 1004 ppi 606 860 ppi, 858 ppi ppi 1418ppi, ppi,820 1482 ppi 821 ppi 606 ppi, 605 ppi 860 ppi, 858 ppi 3169 ppi820 821 ppi, ppi 606 ppi, 2431 ppi 605 ppi 3169 ppi 821 ppi, 820 ppi 2431 ppi 3169 ppi 2431 ppi

1PROSS.tif 12KTFLCHEV033.tif 12KTFLCHEV021.tif BasePkg_ss.tif 12KTFLCHEV033.tif 12KTFLCHEV021.tif 12KTFLCHEV033.tif

CMYK RGB RGB CMYK RGB RGB RGB

Magenta Cyan Yellow Magenta Cyan Black Yellow Magenta Black Yellow Black

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ma-klane Mechd By: nminieri ma-klane Mechd By: nminieri

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4-20-2012 1:48 PM4-20-2012 1:48 PM 4-20-2012 1:48 PM

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BUSINESS

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The Resultants

august 20 MNLA.BIZ

31

BUSINESS

C

ompanies are getting back to basics in order to survive, sustain, and thrive throughout these challenging times. We all know where we are most at risk and though it can be nerve-wracking, now is the time to take chances and be proactive. If it helps, try thinking of these challenging times as phases. How will you sort it out, ride it out and level the fishhook as much as you can?

Phase 1 - Survive: The “Sort Out” During this first phase, small businesses were forced to make quick decisions in order to survive. What made it rather unique is these critical decisions were being made at a time when a lack of clarity, detail and guidance existed along with plenty of misinformation. Many were overwhelmed by the sheer amount of information, new laws, and updated guidelines…sifting through emails delivered in fragmented pieces.

Fortunately, the “Sort Out” phase is over for many small businesses as government programs have (mostly) been defined and Essential/Non-Essential definitions have been established. Today, most businesses are either out of or in the advanced stages of “Sort Out” and have some kind of COVID Preparedness Plan in place.

Phase 2 – Sustain: The “Ride It Out” Now, in the “Ride it Out” phase, we’re attempting to do business after having made quick, short-term decisions required by many laws, mandates, pandemic safety, and health

NEWS & NOTES

32

MNLA.BIZ august 20

updates. We have a little more time to think through well-informed, “planned” decisions to help us sustain our businesses. These decisions are individualized to each organization based on its current state, which in turn impacts how long this phase will take. Some organizations are in trouble, some are doing OK and running at breakeven, while others are growing.

Even though we’ve clarified current reality, it doesn’t diminish how COVID-19 continues to disrupt our world. Confusion and overwhelm are still clinging to us both personally and at work. In the middle of all this disruption, leaders must disrupt. That is the way to ride it out. As Patrick Lencioni so aptly states, “Leaders will either come out of this stronger or weaker.” To come out of it stronger, we must adjust and not rely on our past business model to pull us through. Now is the time to seize the opportunity and define our new world … the way we want it to be, taking as much control as we can over how that may look. Ask yourself, how can you disrupt …

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MNLA MEMBERSHIP RENEWAL DEADLINE IS AUGUST 31ST!

1. The Customer Experience:

• Give something to your customers they don’t expect. Surprise them, support them, serve them in as many different ways as you can. We all need help at this time. What we do as leaders today will be remembered long into the future.

Many are using the term “pivot,” meaning how quickly a company can change up what they offer to either maintain market share or grab new market share.

• Lead the charge by asking, “What do our customers really need at this time? What can we switch up to make it happen?”

2. Your Internal Processes and Procedures: • Take action now to scrutinize your internal systems. What hasn’t been working and how can you eliminate the least valued procedures?

Eliminate long-standing traditional processes that provide little value, but no one on the team has had

the courage to suggest for fear of the “we’ve always done it that way” backlash.

• It is critical to inspect every aspect of how we work, getting lean and mean about the way we do things, even if it disrupts. Complacency has no position nor power during times like these.

3. Your Long-term Vision: • How will your long-term plan be affected by current reality? Your short and intermediate plans are key to riding this out. Dealing with the reality of today challenges leaders in a way that we’ve never experienced.

What you decide today will undoubtedly disrupt your long-term thinking.

As Jim Collins stated in Good to Great, “…first confront the brutal facts.” From there, you find the path forward.

• How will today’s chaos modify tomorrow’s long-term vision? Have you projected out possible outcomes? What

can quickly re-position business toward success in the future?

4. Your People: • Focus on team health. Challenge your teams to think outside their roles. How can they cover for each other? Can they take on internal projects while waiting for increased demand to turn around? How can employees learn new skills and prepare for roles needed in the future?

• Disrupt how you assess your teams.

Now is the time to establish consistent one-on-one meetings with individuals. How can you identify their strengths to leverage them toward more valuable responsibilities?

5. Yourself Personally: • Disrupt your own time management habits. What is urgent? What is important? Do you know the difference?

If you don’t, the people you lead will have a hard time trusting you. In stressful times, we all have a tendency to fall back on work that is easy

04

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BUSINESS

and safe but may not be important.

Get the not important and not urgent off your plate even if it disrupts your routine.

• How much time are you giving to being human and paying attention to what your employees are experiencing? This is not the time to think “efficiency.” Lean more toward effectiveness or listening to understand.

Paying attention takes time. Disrupt your day and make sure you give others the gift of your time.

Phase 3 – Thrive: The “Fishhook” As we move forward with the decisions we’ve made thus far, our eyes are scanning the horizon for what’s next. The rear-view mirror is probably not going to help us as much as staring out the windshield because the next challenge is determining how deep your fishhook will become. Most companies cruise along for years with business as usual, maintaining a certain level of financial success, brand awareness and effective business management practices. Most will also bump up against unforeseen hurdles that can spiral them down into lost revenue, lower profitability and increased issues. This is typical within the average business cycle, especially if one is intent on growth. Call it a setback, a crisis, an external threat, or a change in how we conduct business. The business takes a dive into a fishhook. As entrepreneurs, we’re used to fishhooks and have experienced quite a few. It’s not the dip itself that challenges the risk takers. It’s the measures we take to dig out, betting that when we do, our growth will spike to a level even higher than what existed before the hook was set. The big question for leaders is two-fold: how deep is our hook and how do we dig ourselves out?

As we continue to ride out this pandemic, many businesses are now in the middle of the fishhook. What can we do today to make sure we aren’t digging ourselves deeper than necessary? As our nation recovers and businesses regain momentum, how can we quickly increase our trajectory up and out of that fishhook? We must get back to the basics.

Remember the 3 R’s from grade school? Try these 3 R’s for business.

1. Regroup — How are you spending your Paycheck Protection Program money or other specialized loans? The intention of these loans is to bring your workforce back to work in full. However, if your customer base is down, most managers

wonder how to keep their employees busy. It would be easy to slip into old habits and simply expect employees to do what they’ve always done. Unfortunately, that could deepen your fishhook.

Productivity as we knew it has changed.

Now we must identify what work is productive. Do not place additional employees out into the field just because you can. Protect the productive efficiencies you’ve gained recently. If you realize two team members can get a job done efficiently and effectively, why would you add another body to the mix? Instead, direct additional employees to work on strengthening your internal systems.

Task them to improve your properties, rearrange work stations to allow for physical distancing, update procedures, update your training processes, maintain equipment, re-work a production line, etc. Finally, now is the time to study your accountability chart and prepare it for 18 months from now so you can dig out faster and go further.

2. Reset — Resetting helps you be proactive about the future even if it is filled with unknowns. There are short-term, proactive preparations that every organization can work through right now. Now is the time to reset your projections and financial models so you can start to clarify the actions needed in order to dig out as work returns. Digging out from a slump does not happen when you are at the bottom of the hole. Digging out happens with the strategy you put in place well in advance during better times.

3. Rebound — How deep the fishhook goes will determine your rebound efforts. To rebound quicker will require: • A critical focus on building your sales funnel immediately versus waiting until times get better to get back to prospecting and marketing. Sales people should be collecting emails with an eye towards building and refining the database, while marketing should be leveraging social media as much as possible. Without emails, climbing out will be slow and cumbersome.

• Consistent communication. This is critical. Fill the dip with constant, consistent touches for every one of your stakeholders. Many businesses have been proactive in their customer touches, but do not forget about

your employees (laid off or not), vendors, referral partners, and the community in which you do business. There are plenty of reasons to touch base and update. Leadership should be all over this.

• A shorter strategic plan. Think of it more like a “what-if” scenario. Have multiple plans ready and be prepared to shift to any one of them. For example: • Plan A – identify workforce capacity adjustments. Occurs with a 20-30% reduction in revenue.

• Plan B – determine what sustainability looks like. Occurs at the breakeven point.

Recession Prep Checklist | Back to Basics Demonstrate courageous leadership in tough times with optimism, as all are watching.

1. Messaging Sensitivity / Content Marketing • Pivot messaging to be relevant amid disruption • Adjust content strategies for online presence and salesforce 2. Contingency Planning • Create scenarios for 10%, 20%, 30% revenue reduction • Identify cost reductions 3. Hold Pricing and Adjust Terms • Identify value-add opportunities 4. Cash Flow Strategies • Managing accounts receivable – this IS your cash, stay on top of A/R • Refinancing debt – interest rates at lowest in history • 13 Week Cash Flow Projection 5. Talk to your Banker, CPA, Legal • Finance options • What is the shortest line to cash, and which option is best for you?

6. People Strategies – Plan in Place • “Reverse engineer” your accountability chart • Grade your people, identify top performers / “A” players • Complementary industry search for talent 7. Map your Supply Chain • Know exactly which suppliers, sites, parts, and products are at risk 8. Identify Opportunities • Acquisition • New revenue streams • New markets ©2020 Resultants For Business, Inc.

august 20 MNLA.BIZ

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BUSINESS

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• Plan C – drastic times require drastic measures. Be bold and get out front of it. Occurs when below breakeven.

Digging out also means being prepared for potential relapses due to lingering Covid-19 effects for the next 18–24 months. Create another contingency plan and be ready to rinse and repeat in case of a relapse, but this time with a better learning curve in place.

The fishhook has begun for many small businesses. Now is the time to not only ride it out but get planning in place for how to dig out. By following the 3 R’s (regroup, reset, and rebound), an organization can set the game plan to not only minimize the depth of the hole, but also dig out faster.

Be ‘Recession Ready’ How will you move your company further, faster in times of scarce resources? We must investigate and establish “Recession Ready” strategies. In our experience riding out four previous recessions, it takes time and planning to dig out from the turmoil.

Whether you’re in the “Ride It Out” phase or the “Fishhook” phase, you need to be moving from a COVID contingency plan to recession contingency plans. To help you prepare, we put together a Recession Prep Checklist (see sidebar).

Today’s business climate is chaotic as we ride out this pandemic, not knowing its timeline nor the impact it will continue to have on us financially, professionally, and personally. We have seen unbelievable examples of leadership at all levels in small business. The Green Industry is no exception.

Steve and Terri Wilcox are co-founders and Business Advisors with The Resultants. The Resultants are a business advisory team that advocates for the best interest of your business, using a process that has proven time and time again to help companies build value and achieve personal and professional success.

In addition, Steve and Terri have provided instruction and curriculum for MNLA’s Leadership Institute for the past six years. To learn more about them and The Resultants, visit www.theResultants.com.

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VELVET MNLA Member Discovers

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VIKING

august 20 MNLA.BIZ

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VELVET VIKING

MINNESOTA-BASED LANDSCAPE DESIGNER CRAIG FRICK found a unique zone-4-hardy Japanese Maple almost twenty years ago, and it’s finally ready for market.

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MNLA.BIZ august 20

There is something undeniable about the beauty of a Japanese Maple. Until now, northern gardeners could only look with envy at warmer growing zones as these gorgeous trees with lacy, delicate leaves were not winter hardy. But, a 2002 discovery by a Minnesota-based landscape designer changed all that. Now, Velvet Viking™ the first-of-its-kind Japanese Maple hardy to Zone 4 (-30F), is hitting the market.

Craig Frick, a landscape designer and owner of MNLA member business Superior Lawn & Landscape in St. Bonifacius, Minn. discovered the rare gem. While meeting with a client in Eden Prairie he saw something stunning in their yard. “As we walked through the yard, a beautiful, 4-foot-tall mound of purple, lacy foliage caught my eye. When I got a closer look, my jaw dropped. It was a Japanese Maple and I knew it was something unique.” Frick says he could tell the specimen had been there for a long time. “It had an 8-inch trunk, so I’m guessing it had been growing there for 15 to 20 years.”

After testing and trialing by Monrovia across the country, it was determined that this was a special Japanese Maple. When it was time to choose a name, Frick, along with Monrovia, set out to make it meaningful. “We wanted a name to represent Minnesota in some way, as it’s unique to have a Japanese Maple that is hardy here. The purple foliage was velvety and lacy, so we focused in on the word velvet. Because the leaves have a purple hue, the word Viking, as in Minnesota’s professional football team, kept popping up. We put the two words together and they stuck.”

Now the compact tree is available everywhere as Monrovia® Velvet Viking™ Japanese Maple (Acer palmatum var. dissectum ‘Monfrick’ – Zones: 4-9).

Frick has grown Velvet Viking™ in his yard since 2007. He has several planted in different areas across his landscape. They have all survived, even through a top-ten coldest winter in 2014 and through the 2019 Polar Vortex. In Zones 4 and 5, Frick recommends putting Velvet Viking™ in a protected area. “A Southeast location with a little buffer from

august 20 MNLA.BIZ

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Craig Frick

Craig Frick

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VELVET VIKING

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the winter wind is best. Make sure it gets good snow cover or protect it with a layer of mulch in the fall. In other areas of the country, you can put Velvet Viking™ just about anywhere.”

This tough and hardy tree is a beautiful addition to gardens across the country. In northern climates, Velvet Viking™ stays purple in dappled or full shade. In full sun, the leaves can be a dramatic red. It stays compact, only reaching about three feet tall. Its branches provide a sprawling canopy of rich purple-red, deeply cut foliage. The leaves take on a bolder crimson color in the fall. Velvet Viking™ is beautiful in the landscape and makes a great focal point for large containers. “It has a beautiful weeping habit,” adds Frick. “It’s the perfect plant to drape near a waterfall or pond. It also looks beautiful over a boulder wall.”

Frick’s favorite companion plants include bright lime or chartreuse colored Coral Bells, hot pink Astilbe and spreading Blue Spruce, all of which contrast the tree’s rich foliage color. Velvet Viking™ also pairs beautifully with Japanese Painted Fern, Burgundy Glow Ajuga, Silver Heart Brunnera, and Siren’s Song™ Dark Night Heuchera to create a stunning shade garden vignette. august 20 MNLA.BIZ

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THANK YOU

TO THESE BUSINESSES FOR THEIR CONSISTENT SUPPORT OF THE SCOOP MNLA would like to thank the below companies for being frequent Scoop advertisers this year. We are proud that The Scoop is consistently a top-rated member benefit, and MNLA appreciates these businesses for their help in making this magazine happen! (Companies listed by area of product/service.)

EQUIPMENT & VEHICLES

Aspen Equipment Brandl Motors Bullis Insurance Agency Cushman Motors Edney Distributing Co., Inc. Frost Inc Fury Motors Jeff Belzer Chevrolet Lano Equipment, Inc. Minnesota Propane Association Monroe Truck Equipment Tri-State Bobcat Inc. Truck Utilities, Inc. Ziegler CAT

HARDSCAPES, CONT.

Plaisted Companies Rock Hard Landscape Supply The Tessman Company Unilock Versa-Lok Midwest Wheeler Landscape Supply HERBACEOUS PLANTS

Gertens Wholesale & Professional Turf Supply Glacial Ridge Growers Hedberg Landscape & Masonry Supplies Landscape Alternatives Out Back Nursery

RETAIL & LANDSCAPE GROWING SUPPLIES FOR NURSERIES & GREENHOUSES PRODUCTS

Arborjet Carlin Sales / ProGreen Plus Central Landscape Supply CST Distribution, LLC Gertens Wholesale & Professional Turf Supply Klaus Nurseries Plaisted Companies The Tessman Company HARDSCAPES

Bachman’s Wholesale Nursery & Hardscapes Borgert Products, Inc. Gertens Wholesale & Professional Turf Supply Haag Companies, Inc. Hedberg Landscape & Masonry Supplies

Anderson Nurseries, Inc. Arborjet Carlin Sales / ProGreen Plus Central Landscape Supply CST Distribution, LLC Gertens Wholesale & Professional Turf Supply Hedberg Landscape & Masonry Supplies Lano Equipment, Inc. Plaisted Companies Rock Hard Landscape Supply SMSC Organics Recycling Facility The Tessman Company Versa-Lok Midwest Wheeler Landscape Supply

SERVICES

Aspen Equipment Brandl Motors Bullis Insurance Agency Fury Motors Gopher State One-Call Hiway Federal Credit Union Maguire Agency Minnesota Propane Association Northern Salt Inc SMSC Organics Recycling Facility Tri-State Bobcat Inc. Ziegler CAT TURF PRODUCTS, SOD, IRRIGATION

Edney Distributing Co., Inc. Gertens Wholesale & Professional Turf Supply Haag Companies, Inc. Northern Salt Inc Rock Hard Landscape Supply The Tessman Company WOODY PLANTS

Anderson Nurseries, Inc. Bachman’s Wholesale Nursery & Hardscapes Gertens Wholesale & Professional Turf Supply Glacial Ridge Growers Klaus Nurseries Landscape Alternatives Out Back Nursery

 QUALITY EDUCATION

MASTER

CLASSES

Attend a full-day Master Class at Northern Green, Tuesday, January 12, 2021 at the Minneapolis Convention Center.

1. PLT RELICENSURE – LANDSCAPE LIGHTING

1

Pending Minnesota Dept. of Labor & Industry approval, this class satisfies eight hours of continuing education requirements for the Power Limited Training Licensure, including 2 hours of code and 6 hours of technical training oriented specifically toward the landscape industry.

The focus for 2020 is landscape lighting.

2. PESTICIDE RECERTIFICATION WORKSHOP

2

Pending approval by the Minnesota Department of Agriculture (MDA), this workshop meets Commercial Pesticide Applicator Requirements for Category A (Core) and Category E (Turf and Ornamentals).

Recertification for optional Categories F (Aquatics) and P (Vertebrate Pest) will also be offered as part of this workshop.

3. GOING FROM GOOD TO GREAT: HARDSCAPE EFFICIENCY BOOT CAMP with Frank Bourque

3

Great companies use key performance indicators (KPIs) to gauge and compare performance for meeting strategic and operational goals. In this fullday Boot Camp, you will learn 7 KPIs to track in your business to motivate your teams and significantly increase your business efficiency and profits.

4. FAVORITE PLANTS FOR MINNESOTA GARDENS

4

What are the best performing plants for Minnesota gardens and landscapes? Spend the day with us as we present a plethora of plants – from woody trees, shrubs and conifers, to herbaceous perennials, annuals and even houseplants – your speakers are all as cold hardy as the plants and each will cover their top ten favorite performing plants in their category.

5. LANDSCAPE DESIGN CHALLENGE Facilitator: Julie Weisenhorn, University of Minnesota Extension

5

Design Challenge Leads: Michael Keenan, Urban Ecosystems Inc. Allyson Landmark, Southview Design Jason Rathe, Field Outdoor Spaces

6. GREEN INDUSTRY TECHNOLOGY Maggie Reiter, University of Minnesota Extension Chase Straw, University of Minnesota Chad Giblin, University of Minnesota

6

PREMIUM TRACK LABOR AND RECRUITMENT – WHAT’S NEXT? Today’s employee shortage is the result of a thriving landscape industry that creates a great market for potential employees, especially those with skill and experience. Finding reliable and skilled workers is the biggest issue preventing companies from growing. Surveys have shown that 77% of companies in the landscaping field believe that their inability to find and keep quality employees is hindering their growth and 80% have found difficulty finding skilled employees. They simply cannot keep up with the demand because they can’t adequately staff their company.

Join us for a day devoted to recruiting, developing, and keeping employees.

The morning is a 2-hour workshop: Solving the Labor Crisis, with Neal Glatt, Grow the Bench. Based in scientific study but presented in an interactive and practical manner, Neal will equip attendees with the skills they need to hire for talent, develop their workforce, and manage teams to get the highest possible level of performance.

The afternoon will include a panel of local business owners and managers discussing what keeps them awake at night and how the labor shortage has affected their businesses.

Finally, the day will round out with Leslie Halleck, Halleck Horticultural LLC, discussing how to attract, grow and keep the right employees. She will address targeting recruiting strategies, and incentive/pay strategies, employee training, and managerial tactics.

Premium Track requires Wednesday Registration, plus paid upgrade.

INTERACTIVE TRACK

HEARTSAVER® CPR AED TRAINING Training provided by CPR Professionals CPR training is important. It can save your life, a loved-one’s life, a co-worker’s life, or even a stranger’s life. CPR training helps people learn the skills and develop the confidence to provide CPR when encountering a cardiac arrest victim. And while AEDs can be used by the public regardless of whether the responder has been trained, even minimal training improves performance, timeliness, and efficacy. This interactive, hands-on training is intended for anyone with little or no medical training who needs a course completion card for job, regulatory (e.g., OSHA), or other requirements. This training can also be taken by anyone who wants to be prepared for an emergency in any setting.

Interactive Track requires Thursday Registration, plus paid upgrade.

A Deeper Shade of Green Local Genetic Origins

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MNLA CERTIFICATION WHO IS ELIGIBLE?

Native Minnesota Woody & Herbaceous (651) 438-2771 • Fax (651) 438-3816

www.outbacknursery.com

Call us first for all your native planting needs

FE

AL

O PR

WHY DOES IT BENEFIT MNLA MEMBERS?

N

C

D

To register for the exam you must meet the following requirements: • Have either two years of study in an accredited post-secondary nursery and/or landscape program that includes a structured internship, OR • A minimum of 2,000 hours in nursery or landscape-related employment.

A signature of an educational advisor or work supervisor TIFIE ER is required on the exam registration form to verify completion of the prerequisite.

O

SSI MNLA member businesses that employ certified professionals enhance their professional image, increase customer recognition and respect, provide a consumer marketing tool, and offer an additional tool for employee motivation, evaluation, and advancement.

EXAM FORMAT

The exam is given in an electronic format with inline photos and videos and immediate results. It is a two-part exam: you must pass a Basic Knowledge Exam and a specialty of your choosing (Landscape, Garden Center or Grower) to become MNLA Certified.

U P C O M I N G E X A M D AT E S When: Oct. 30, Nov. 6, Nov. 13 | Where: The MNLA Classroom Only seven seats are available for each test date. Please apply early!

Go to www.mnla.biz/MNLACertified to find the exam application link and more information on the entire program.

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GOVERNMENT AFFAIRS

H-2B Visa Restrictions and the Green Industry Forrest Cyr

MNLA Director of Government Affairs

In response to the economic downturn following the outbreak of COVID-19, on June 22, 2020, President Trump issued an executive order suspending temporary worker visas for the remainder of the year.

The executive order includes the H-2B, H-1B, L-1, and other vital visa programs relied upon by many Minnesota businesses. The executive order could exacerbate the ongoing labor shortages impacting many industries, including Minnesota’s Green Industry, with the ramifications possibly felt long into the future.

The H-2B visa program for non-agricultural seasonal workers is essential to the success of the Green Industry in Minnesota as well as to other industries in the state seeking reliable labor, including hospitality and construction. With this executive order, an estimated 525,000 workers will not be available to United States businesses in need of personnel. The June 2020 executive order does not, however, make any restrictions to the H-2A program for seasonal agricultural work, exempting some MNLA nursery and horticulture members from the new visa restrictions.

To ensure that businesses have continued access to the H-2B program, MNLA is working with a broad coalition of business partners throughout the country to encourage the President to reconsider his executive order. H-2B visas are vital to a healthy and robust green industry in Minnesota and nationally.

The Minnesota Nursery and Landscape Association has long supported the H-2B visa program as a means for non-agricultural Minnesota Green Industry businesses to hire reliable seasonal workers for landscaping work. MNLA opposes the President’s Executive Order

suspending all temporary visas through the end of 2020; however, MNLA does support ongoing efforts to reform the program. MNLA supports reforms that would allow employers to hire the necessary seasonal workers in a fair and legal manner, protect the nation’s security interests, and protect the human rights of the immigrant workers.

The landscaping industry accounts for the largest sector of H-2B users nationally, and MNLA is deeply concerned about the negative impacts the President’s Executive Order will have on these landscaping businesses in 2020. Due to the continued shortage of labor for landscaping companies in Minnesota and nationally, H-2B is vital for the health of the Green Industry in Minnesota.

If left unamended, the President’s executive order could severely impact the ability of landscaping businesses to thrive in these times of economic upheaval and recovery.

2020 has presented Minnesota’s Green Industry with many challenges, but has also provided many opportunities for MNLA members to prosper and provide essential services and products to Minnesotans. With reported sales increasing in many different sectors of the Green Industry, it is imperative that public policy and immigration policy reflects the needs of businesses throughout Minnesota and nationally.

MNLA urges the President to reconsider and amend the misguided and harmful executive order to ensure the continued success and survival of Minnesota’s landscaping industry in the unique business climate of 2020.

➽ TO LEARN MORE ABOUT HOW YOUR INVOLVEMENT IN ADVOCACY can help your business and the green industry in Minnesota, contact Forrest Cyr at forrest@mnla.biz, or visit www.mnla.biz.

august 20 MNLA.BIZ

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MEMBERSHIP

PARTNERS FUND INVES TING IN THE FU TURE OF THE GREEN INDUS TRY

Contribute to the MNLA Foundation Research & Workforce Development Partners Fund at a participating supplier. Your voluntary donation of ½ of 1% on purchases is used to grow a brighter future for the industry.

WHOLESALE NURSERY & HARDSCAPES

Partner Suppliers:

Your Trusted Partner

TM

L A N D S C A P E + M A S O N RY

Chanhassen Distribution Yard 952-445-4088 1-800-477-4123 Fax: 952-445-6219

Research for the Real World

Career Development & Promotion

FoundationPartnersFund-Half-Horiz-Page.indd 1

MNLA/MTGF

PESTICIDE RECERTIFICATION WORKSHOP

New Germany Growing Range Field Direct Sales Phone & Fax 952-353-2175 Jim's Cell: 612-290-6358

Scholarships

7/15/2020 3:54:24 PM

This Workshop Meets MDA’s Commercial Pesticide Applicator Requirements For: Category A (Core), E (Turf and Ornamentals), and optional category J (Forestry, Rights-of-Way and Natural Areas).

This is the last opportunity to renew your Pesticide Applicator License in 2020.

• Licensed pesticide applicators who attend a workshop in their needed category fulfill their recertification requirement.

• If you are not sure you need to recertify, check the “recertify by date” on your applicator’s ID card or review your license Information on the MDA website: www.mda.state.mn.us

REGISTER AT WWW.MNLA.BIZ

November 20, 2020 | New Brighton Community Center

Category A & E: 8:00 a.m.–2:30 p.m. | Category A, E & J: 8:00 a.m.–4:15 p.m.

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MNLA.BIZ august 20 November2020-Pesticide-MNLA.indd 1

5/18/2020 11:19:26 AM

FOUNDATION

SPONSOR AN MNLA SCHOLARSHIP Demonstrate Commitment to the Future of the Green Industry

The MNLA Foundation is happy to announce the 2020–2021 Academic Awards program to benefit college and high school students. The MNLA Foundation is pleased to partner with MNLA members to provide the industry’s future leaders with monetary support for their education. Since the program began in 1996, over $350,000 has been awarded to deserving students.

The goal of the MNLA Foundation Academic Awards program is to honor the academic achievements of students who have chosen the nursery and landscape industry as their profession. The Foundation’s scholarship program aims to encourage students to stay on a green industry career path and help them make connections with nursery and landscape employers who are MNLA members.

By partnering with interested MNLA member companies, over 20 scholarships are awarded every year to deserving students.

Have you considered sponsoring a student scholarship? Sponsoring companies are asked to make a $500 commitment for a college scholarship or $250 for a high school scholarship, and the MNLA Foundation will match up to $500 or $250, respectively. Companies can sponsor more than one scholarship per year if they choose. Giving to a student will not only provide you with the satisfaction of knowing you are making a lasting difference in a young person’s life and in the future of the green industry, there are additional charitable tax deduction benefits to you as well.

Consult your tax advisor about your own deductions.

MNLA will send a press release to various media, including your company’s local paper, and the student’s hometown and college publications. You will also receive company recognition in the Scoop magazine, on the MNLA website, at Northern Green, and at the Green Industry Awards Celebration.

Demonstrate your commitment to the future of the region’s green industry — sponsor a student scholarship! The deadline for 2020–2021 participation is August 31, 2020. You can act to-

day by completing the application at

www.MNLA.biz/scholarships. Your generosity will be cherished by the student winners — the future of our industry. Contact us with any questions or for additional details at Paulette@mnla.biz or 651-633-4987. august 20 MNLA.BIZ

49

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Photo courtesy of Bachman's Wholesale Nursery & Hardscapes

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• Clean Water – Green roofs prevent stormwater runoff from combining with sewage and overflowing into local waterways. Urban environments, with their expanses of impermeable surfaces, allow stormwater to runoff directly into municipal sewer systems.

Living roofs act as a sponge to absorb much of this runoff and keep waterways cleaner.

The two primary driving factors to the lake home project shown on this page were aesthetics and stormwater management. The installation of the LiveRoof® made it possible for the homeowners to design and build the house they wanted, while meeting regulatory requirements for stormwater management. These requirements can be quite strict for lakeshore properties. Just a few more additional benefits the homeowner now realizes is they have increased the life of the roof membrane, breezes blowing through the windows that overlook the LiveRoof® are noticeably cooler, and the LiveRoof® also cools the newly installed solar panels so they run more efficiently.

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• Demonstrate Stewardship – A living roof tells customers, residents, employees or neighbors that you care about your community, your health, and the ecosystem.

• Restore Habitat – Plants and soil help recreate habitat for pollinators such as bees, butterflies, insects, and songbirds.

• Save Energy – The evapotranspirative effects of green roof plants and the growing medium reduce HVAC costs during hot weather.

• Protect Building Envelope – Plants and soil protect membranes from UV radiation, temperature fluctuations, and high winds.

• Expand Usable Space – Adding green roofs can expand the amount of usable space a facility can offer.

By adding amenity space, building owners can increase the usable space of their facility. Rooftop patios, healing gardens, and other amenity spaces make buildings more attractive to building owners, tenants, and customers alike.

Advertorial

Photo courtesy of Bachman's Wholesale Nursery & Hardscapes

One provider of green roofs has been working to overcome these perceptions and the real challenges behind them.

Since 2006, LiveRoof®, a green roof manufacturer from Michigan, has been a part of over 4,600 green roof projects totaling over 9 million square feet. Their system: • Uses locally-sourced engineered green roof soil to fill modules.

• Populates the modules with plants trialed and many developed specifically for performance on a rooftop.

• Chooses blends of deciduous and evergreen cuttings to create a carpetlike effect 12 months of the year.

• Loads modules onto specialized Hoppit® racks for safe transport to the rooftop.

• Offers labor-saving streamlined installation as installers simply set the modules in place like pavers.

In our market, LiveRoof® partners with Bachman’s Wholesale Nursery & Hardscapes in Farmington. Dan Pingel has been with Bachman’s for three years and has been in the landscape and stormwater consulting industry for over twenty years.

Pingel leads the LiveRoof® program at Bachman’s and explained, “We believe that to do green roofs right, we must provide the greatest long-term owner value. To us this means ease of maintenance, the greatest beauty, the longest lifespan, and the lowest life cycle cost.” As plant professionals, Bachman’s also recognizes that green roof plants are not one-size-fits-all, and the individual requirements of each green roof design must be taken into consideration.

Dan said, “When we select plants, we focus on longevity. The plants must be hardy with strong growth habits that deter weeds through dense soil coverage.”

Dan feels some designers still haven’t fully realized the full potential of LiveRoof® to provide unique designs and unique solutions for their clients. Although LiveRoof® is a modular “tray-type” system, there are virtually no limits to the designs that can be created. Bachman’s has laid out plantings according to the designer’s CAD drawings at their production fields, and worked with landscape contractors to install them as designed to create “instant” roof top landscapes. Your client may have one very specific reason for wanting a green roof (e.g. visual appeal). It’s important to remember that there are multiple benefits to every green roof installed and it’s important to convey these benefits to the client. Passing on this knowledge may make the difference between moving forward, or the green roof being value engineered out of the project.

This LiveRoof® in St. Paul utilized berms and a tree planting to add interest to the design. In addition to looking great, the LiveRoof® provides stormwater management, cools the amenity deck area for tenants, and extends the life of the waterproof membrane.

Photo courtesy of LiveRoofs®

Despite the obvious benefits, many in the green industry still hesitate to include a green roof in their client proposals, or wouldn’t consider the idea. There are misconceptions of green roofs today.

• They’re too expensive to install.

• They require too much maintenance.

• They become ugly over time.

• They wear out too quickly.

A Green Roof Partner in Minnesota

LiveRoof® modules were custom grown in the shape of the installation over the summer of 2018. The modules were numbered and laid out as designed to create an instant landscape.

Some may find it hard to believe, but this custom garden was created with only 6" of soil.

CASE STUDY TWO

Shade has long been a difficult condition to deal with in a roof top application.

Bachman’s and LiveRoof® continually test plants for demanding places in their trial gardens. Recently, a local corporate client had a challenging densely shaded site for green roof. Dan suggested trying a unique plant combination of Lysimachia groundcover and Hosta accent plants. Since it was the first time it was tried, there were a few hiccups during production, but the final product looks great and the plants are thriving.

Photo courtesy of Bachman's Wholesale Nursery & Hardscapes

Why aren’t more green roofs being installed?

If you have any questions or would like to discuss the content of this advertorial, feel free to reach out to Dan Pingel, Bachman's Wholesale Nursery & Hardscapes at dpingel@bachmans.com, or visit https://www. bachmanswholesale.com/pages/green-roofs.html. august 20 MNLA.BIZ

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LEGAL ISSUES

Important Legal Timelines to Remember Patrick McGuiness Zlimen & McGuiness PLLC

The busy season is in full swing! In fact, if you are reading this article I am impressed, thank you for reading! The information which follows could save you a lot of money, or help you collect money which you are owed. Here is a short list of important timeframes to keep in mind as the season continues.

Mechanic’s Liens

In order to be able to put a lien on a residential property, the owner must have received a “pre lien notice”. The law is very specific in what the notice must say, and the time frames are strict as well. If you are not a subcontractor and you want to have lien rights, you must provide proper pre lien notice to the homeowner within 10 days of agreeing to do the work. The best way to do this is by simply making the pre lien notice a part of the written contract you use.

If you do not get paid for your work, you have 120 days

to file a lien on the property from the last date of substantial

work. This means the day you finished the project, not the

date you last visited the project, or the last date you were there to fix something small that the homeowner complained about, otherwise known as the “punchlist”. Once again, it is important to note that in order to file a mechanic’s lien you must have given the homeowner the proper pre lien notice or your lien will not be valid. However, even though you have 120 days, you should be thinking about filing a mechanic’s lien after 90 days of non-payment. It is nearly impossible to properly complete and file a mechanic’s lien on short notice.

I know how busy the season gets and how things can quickly fall by the wayside with the intention of figuring it all out later. Don’t lose your mechanic’s lien rights just because you kept putting it off until things slowed down.

If you install a project in late April, your lien rights will expire in late August, so keep an eye on who owes you money and don’t give up your lien rights even if the property owner says, “the check is in the mail.”

Statute of Limitations for Breach of Contract

If you are not paid for the work you did, then the property owner has breached the contract you had with them. A contract can be oral or written, but enforcing a written contract is much easier because it has the specifics of the project on it and hopefully a date, too.

If you want to sue a homeowner for breach of contract, you have six years from the date of the breach. I know, six years seems like a really long time, but every year I am amazed when a client comes into my office and only has a couple of months left before the statute of limitations runs out. Besides, the longer you wait, the less likely you are to get paid. If the homeowner owes you money, chances are that they owe other people money as well. In this situation, the sooner you get in line to get paid the better.

Also, keep in mind that the property owner may say that you didn’t do the work properly, which would constitute an earlier breach of contract than non-payment would.

Keep these timelines in mind this season as you begin work. Don’t give up your rights simply because you forgot about them!

➽ This article provides general legal information on business matters and should not be relied upon as legal advice. A qualified attorney must analyze all relevant facts and apply the applicable law to any matter before legal advice can be given. If you would like more information regarding anything here, please contact Patrick McGuiness at pmcguiness@zmattorneys.com or 651-206-3203.

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