February 2017 New Mexico Farm & Ranch

THE OFFICIAL PUBLICATION OF THE NEW MEXICO FARM AND LIVESTOCK BUREAU®

AFBF Annual Convention Pecan Research Grant Right to Repair Page 1

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New Mexico Farm & Ranch

February 2017

NMF&LB President’s Column TRACTOR SEAT DAYDREAMING

BY CRAIG OGDEN

An Introduction The role of NMF&LB President has been quite a learning curve. Shortly after our annual meeting, I attended an American Farm Bureau Federation (AFBF) training for incoming state presidents in Washington, D.C. The main goal of the training to ensure Farm Bureau leaders can effectively project the platform of rural Americans through all forms of media as well as inform us to the different divisions and assets in the AFBF. After the training portion, we were divided into subcommittees to review proposed changes to the AFBF Resolutions Book.

These were then addressed by the full committee. The recommendations were then voted upon at the AFBF Annual Conference, which was recently held in Phoenix, Arizona.

New Mexico was well-represented at the conference thanks to members and staff and I encourage anyone interested to attend next year’s conference, January 5-10, in Nashville.

The 60-day New Mexico Legislative Session is now in full swing. It is vital that we take a proactive approach and reach out to legislators. This begins with AgFest, which will be held in Santa Fe on February 7th. This event allows lawmakers to see New Mexico agriculture not merely as an abstract idea, but as a group of hard working men and women that feed and clothe Americans and stimulate the economy of New Mexico.

President Franklin D. Roosevelt was spot on when he said, “Prosperous farmers mean more employment, more

prosperity for the workers and businessmen of every industrial area in the whole country.” We know the role agriculture plays in the New Mexico economy, but with less than seven percent of New Mexico legislators having an occupation in agriculture, it is our job to make this known.

If you cannot make it to AgFest or manage a trip to Santa Fe, call, write or email your representative and senator to let your stance be known. Enlighten them on the benefits and implications proposed legislation has on our livelihood and rural way on life. We must bridge the gap between the Roundhouse and New Mexico’s farmers and ranchers in order to be prosperous.

“We must bridge the gap between the

Roundhouse and New Mexico’s farmers and ranchers in order to be prosperous.

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New Mexico Farm & Ranch

February 2017

AFBF President’s Column BEYOND THE FENCEROWS

BY ZIPPY DUVALL

Farmers United in Our Resolve for Reform in 2017 As I look back on 2016, I’m overwhelmed with gratitude for the opportunity to work alongside you and serve as your American Farm Bureau president. I am proud of the work our nation’s farmers and ranchers do, day in and day out. I am equally proud of how our state and national Farm Bureau staff work just as tirelessly to ensure farmers and ranchers can continue to feed and fuel our country and the world for generations to come.

When I addressed you for the first time as your American Farm Bureau president in Orlando last January, I committed to working with you all to solve the problems facing agriculture—and that’s just what we’re doing.

This year, I’ve had the privilege of visiting 33 states—and counting—across our great country to meet with Farm Bureau members face-to-face.

Each region, every state and all types of agriculture have unique challenges. I have been heartened by one common thread; a reminder of just how critical the reforms Farm Bureau is fighting for are to rural families and farm businesses.

Looking ahead to 2017, we see a clear need for regulatory and tax reform that frees farmers and ranchers to keep their businesses running and gives them flexibility to invest in their local economies. We need to put a stop to regulatory overreach that threatens to put a choke hold on farmers. We need greater access to markets around the world and a stable, legal workforce to ensure we continue leading the world in agricultural production. But none of these reforms will happen if we don’t unite around the table and speak up.

As I’ve traveled our great country, I’ve been reminded

time and again of how much we can accomplish when we learn from our differences and work together. America’s farmers and ranchers aren’t defined by our struggles. We’re defined by what we do best: we lead and feed and fuel the world.

We didn’t take up the work of farming and ranching because we expected it to be easy. While agriculture is our business, it is also our calling. We are called to take up this work out of love for our family and our neighbors. It’s a mission we take seriously because we believe we’ve been given a unique task to care for the land and animals entrusted to us by our Creator. We have a responsibility to consumers as we grow the highest quality food, fiber and fuel while protecting our precious natural resources. We must continue to earn consumer trust as we strive for continuous improvement in everything we do.

The great story of American agriculture is one of hard work, ingenuity and passion, and it’s a story best told by the folks who live it. Farmers and ranchers made their voices heard in 2016, but we need to keep telling our stories if we want to be at the heart of shaping the policies that will impact our businesses and way of life. The close of one year ushers in new goals for the next, and I am confident that working together through Farm Bureau offers us that common platform for progress. During this new year, I will continue to learn about your challenges and your triumphs, and like 2016, I look forward to hearing many of your stories face-to-face.

“While agriculture is our business, it is also our calling. ”

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New Mexico Farm & Ranch

February 2017

Building a Better Tree Through Genetics

by Baylee Davis, Communications Intern G

rown in most southern states, pecans are an important part of holiday traditions for many families, and in New Mexico, where over 20 percent of pecans are produced in the United States, pecans are especially important not only as a source of food but also for research purposes.

In August, New Mexico State University received a $4.4 million grant to research genetic markers in pecan trees. The grant was given through the U.S. Department of Agriculture National Institute of Food and Agriculture. NMSU will collaborate with the USDA in Georgia, Texas and Louisiana; the Hudson Alpha Institute for Biotechnology; the Samuel Roberts Noble Foundation; and the University of Arizona until August 21, 2021 when the grant ends. Each collaborator will work on pecan research that is specific to their state and the environmental issues that pecans face there.

The main goal of the grant is to breed pecan trees that will have better production rates and higher tolerance to disease and water salinity by targeting various genomes from different types of pecan trees from all over the country. One way researchers will do this is by cloning pecan rootstock. Richard Heerema, an Extension Specialist at NMSU said, “This project is unique in that it is focusing not only on the scion and the development of new scion varieties but it is also interested in developing new rootstock varieties.”

Cloning rootstock is not a new concept for trees such as pistachio, almond and apple, but it has previously not been performed with pecan trees and was believed to be impossible by many institutions. Dr. Jennifer Randall, NMSU Associate Research Professor, has proven that it is possible and has developed a method to clone pecan rootstock. This method will help growers determine what type of rootstock will be best suited for their state or area, and will help create uniform orchards where the trees are genetically identical.

In the past, research on pecans has been completed on trees that are already producing fruit. By using genomes, this new technique allows researchers to identify genetic markers for disease prevention, salinity tolerance and nut qualities before the tree begins to produce pecans.

“We have over 100,000 trees and more coming in from other states,” Dr. Randall said, “In the spring our trees will be going out for a field test, and we are really excited to see what happens.” Identical trees will be tested in multiple states where pecans are known to grow naturally to determine what genotypes are best suited for certain Page 4

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February 2017

climates and soil types. In addition to lab work, NMSU is conducting pecan research at the Leyendecker Plant Science Research Center.

The Leyendecker Plant Science Research Center, located on Highway 28 in Las Cruces, not only produces pecans but also focuses on other crops that grow throughout New Mexico such as cotton, chile and alfalfa. At Leyendecker, research projects determine how to increase production, genetically improve crops and decrease problems with common pests found throughout the state. Leyendecker’s purpose is to help New Mexico growers, throughout the entire state, produce better crops more often.

LPSRC currently has over thirty acres of pecan trees, including some that are over 90 years old. Many of the pecan trees at LPSRC were donated by the Linwood Nursery in La Grange, California. Trees at LPSRC have been used to research irrigation methods, fertilization using various compounds, orchard spacing and size, and insecticides.

Dr. Steve Loring, Associate Director of the NMSU Agricultural Experiment Station said “the University is the continuum between the fundamental research and the applied research, and then we get the research out to people so they can use it.” Research conducted at NMSU is available to the public online and Dr. Heerema will be assisting in creating a website that is dedicated to pecan research conducted for the grant. This will enable growers to have easy access to new research developments to assist them in their current or future farming practices.

This website will benefit growers both in New Mexico and in neighboring states.

Researchers at NMSU hope that the grant will assist growers with having more uniform stands of pecans as well as trees that are more resistant to pests and disease specific to certain states. They also hope that growers will use the research to make more profitable decisions about the types of pecans they plant and the nutrients they use. The research is intended to assist future pecan growers as they begin to plant their orchards, and current pecan growers with additional knowledge about nutrition, disease prevention and pest control.

“I think we are going to learn a lot about micronutrients and what pecans need, and that eventually pecan producers will know the genetics of their trees” Dr. Randall said, “I think we’re going to help change the industry.”

Dr. Randall completed her B.S. in Biochemistry, a Master of Science degree in Molecular Biology with a minor in Toxicology and a Ph.D. in Molecular Biology studying plant genetics and development at New Mexico State University.

Dr. Randall’s other pecan research includes molecular mechanisms of pecan flowering and how this relates to alternate bearing, a genome wide-association study in collaboration with the University of Tokyo and USDA’s Agriculutre Research Service, and annotation of the draft pecan genome.

All photos courtesy of Baylee Davis Page 5

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New Mexico Farm & Ranch

February 2017

Right to Repair, An

by Mary Kay Thatcher, Senior Director of Congressional Not long ago, you could take your newest piece of technology — a TV, a computer, or even a microwave- to a repair shop of your choice or fix it yourself.

Depending on the nature of the repair, that may no longer be the case as manufacturers increasingly use copyrighted software to control functions and operation.

To varying degrees, many manufacturers limit access to the information and equipment necessary for do-it-yourself maintenance and repairs.

We’re seeing the same trend with farm equipment, much to the dismay of many farmers. Most new tractors come equipped with on-board computers, complicated diagnostic systems, and software systems that control everything from the radio to the navigation system. You can’t diagnose a computer system problem with just any wrench — it requires special diagnostic systems and official service information that is copyrighted by the manufacturer. And often times, a product’s warranty will only be valid if repairs are conducted by a certified dealer.

Manufacturers are not legally required to provide this information to consumers, aftermarket parts stores or independent repair shops. Some farmers are concerned that the current situation limits their ability to complete repairs themselves or prevents them from using an independent repair shop to complete repairs or replace parts. Said differently, they believe the current situation means any and all repairs would need to be done by a manufacturer’s certified dealership.

To add to the complexity of the issue, there are two ongoing “right to repair issues” — one being debated by several state legislatures and one being discussed by Congress.

State legislation is focused on access to software updates, diagnostic schemes and technical manuals, and the ability to obtain spare parts. A federal initiative could address these issues, but for now, they are being debated within state legislatures.

Federal legislation addresses the copyright provisions - the legal ability to access and/or modify the software or talk to a tractor electronically as well as to be able to create the tools to communicate with the equipment.

EXPLORING STATE LEGISLATION

The issue of right to repair for some or all appliances, computers, farm equipment, etc. has been debated in at least ten state legislatures. In the last two years, South Dakota, New York and Nebraska considered, but did not pass, legislation that specifically identified the right to repair farm equipment.

The automotive repair industry is driving much of the discussion about right to repair agricultural equipment. Repairing motor vehicles has became a high-tech operation, with computer diagnostic tools replacing

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New Mexico Farm & Ranch

February 2017

n Issue of Ownership Relations for the American Farm Bureau Federation supply parts to motor vehicles. The independent automobile repair industry pushed for the first right to repair bill in the U.S. Senate and House in 2001, and in several state legislatures. The attempts were unsuccessful at the state level until Massachusetts made progress.

In 2012, the Massachusetts “Right to Repair” Initiative appeared on the ballot. The measure required vehicle owners and independent repair facilities in Massachusetts to have access to the same vehicle diagnostic and repair information made available to the manufacturers’ Massachusetts dealers and authorized repair facilities. The initiative passed by 86 percent, but a few months prior to the election, a legislative compromise was agreed to and passed. The question remained on the ballot due to timing issues.

After the ballot measure passed, the state legislature passed a new bill to reconcile the earlier statute and the ballot initiative. It was signed into law in late 2013. It became clear the automakers were likely to face a patchwork of state laws, so in early 2014 a trade group representing automakers and one representing independent garages and retailers worked out an agreement to make the Massachusetts’ law a national standard.

Called the Automotive Right to Repair Memorandum of Understanding (MOU), this agreement was signed in 2014 asking all auto companies to make their diagnostic codes and repair data available in a common format by the 2018 model year.

This means auto manufacturers will provide diagnostic information to non-authorized dealer parties such as repair facilities, service tool manufacturers and consumers. Manufacturers must also sell both repair tools and service information at a “fair and reasonable price.” Information that manufacturers deem to be a trade secret or proprietary is exempt from the agreement.

Lobbying groups for repair shops and parts retailers agreed not pursue right to repair legislation in other states. The MOU, however, is non-binding; it isn’t law and cannot be enforced like a law. In addition, the MOU excludes information about telematics like navigation, vehicle location technologies and wireless communication technologies.

Some manufacturers are altering their procedures regarding right to repair. For example, John Deere is in the process of allowing equipment owners to purchase specialized diagnostic equipment through their authorized dealer organization. They are not offering this to independent repair shops. Farmers will have to buy manuals, diagnostic equipment, and pay a monthly fee for updates. The John Deere website techpubs. deere.com may help producers review this information on their particular equipment, but generally manuals cost in the $100-$600 range.

WHERE IS CONGRESS HEADED WITH RIGHT-TO-REPAIR?

The Digital Millennium Copyright Act (DMCA) was enacted by Congress to prohibit the circumvention of technological measures employed by copyright owners to protect access to their work. Manufacturers of agricultural machinery rely on the DMCA to employ technological protective measures such as proprietary software, passwords and memory modification to prevent access that may be necessary to diagnose, repair and modify farm equipment.

The DMCA criminalizes circumventing an access control, whether or not there is actual infringement of the copyright itself. This means equipment owners are often prohibited from making repairs to devices with copyrighted software and instead are required to take their equipment to an authorized dealer. Bypassing built-in security codes voids most warranties and can result in fines of up to $500,000 and even time in prison.

In 2015, the Library of Congress granted an exemption allowing farmers to fix their tractors, planters, combines, etc., without fear of legal repercussions. The exemption was based on the fact that the restricted Page 7

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New Mexico Farm & Ranch

February 2017

access places the livelihood of farmers at risk because they must sometimes wait significant periods of time before their disabled vehicles can be repaired by a technician authorized by the manufacturers.

Good news, except that getting an exemption is easier said than done. Anyone can petition the office for an exemption but it takes time, knowledge of copyright law and/or the finances to hire intellectual property lawyers. Those opposing such exemptions are well-funded and include groups like the Motion Picture Association of America, the Recording Industry Association and the Alliance of Automobile Manufacturers.

Two exemptions were approved in 2000, four in 2003, six in 2006 and six in 2010. Exemptions expire after three years and must be resubmitted. Consequently, all of these exemptions are no longer valid.

In 2015, ten exemptions were issued including some for computer programs that are contained in and control the functioning of a mechanized agricultural vehicle. The exemption for agricultural vehicle repair applies only to the owner of that vehicle and not an independent mechanic and only for purposes of repair, not to infringe on legitimate copyright issues. In addition, the exemption restricts circumvention for telematics, entertainment, and anything that violates Environmental Protection Agency or Department of Transportation regulations.

While the Copyright office did not define telematics in the decision, a reasonable viewpoint would be that it includes systems associated with automatic guidance. Farm Bureau also believes that controllers that manage emission performance would be excluded under this exemption, as modification of these units could result in emissions not meeting EPA requirements.

In general, copyright law favors copyright interests. It is up to those seeking an exemption to show that it is necessary and that it meets the legal standards for fair use. Several ideas have been discussed and introduced in past and current Congresses to change the way the DMCA operates.

2nd ANNUAL PASTURE Repealing a portion of the DMCA that GOLF TOURNAMENT makes it “illegal to circumvent a technologBring your clubs & join us for a fun day of golfing on the farm!!! ical measure that effectively controls access to a work protected under the DMCA” and Golf carts, ATVs, Horses & Tractors all acceptable modes of transportation. Four man scramble. providing explicit permission for consumers to circumvent a manufacturer’s digital lock on its software for a lawful repair are two ideas.

Farmers also want to shift the burden of proof from making the supporters of DMCA exemptions show that an exemption is absolutely necessary to having those opposing WHERE: LOVING, NM DCMA exemptions show that an exemption COST:$160 per team ($40 a person) is absolutely unnecessary. Finally, the exWHEN: FEBRUARY 25, 2017 @ 9:00 a.m. emption should not expire.

HOST: Young Farmers & Ranchers Of course, for valid reasons manufacturers of New Mexico Farm Bureau of advanced farm equipment are opposed to CONTACT: any reforms that dampen their investment in Joseph Ogden OR Andy Ellett research, engineering and training. The chal575-361-4064 575-491-2376 lenge will only grow as equipment advancj-ogden2010@hotmail.com andy@ellettenterprises.com es. It is up to farmers, manufacturers and independant mechanics to find a workable solution to keep that equipment rolling.

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New Mexico Farm & Ranch

February 2017

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New Mexico Farm & Ranch

February 2017

Tanner Anderson hired as Southeast Regional Director New Mexico Farm & Livestock Bureau is pleased to announce that Tanner Anderson will join the team as the Southeast Regional Director. Tanner comes from a third-generation ranching family from Gladstone, NM and has recently graduated from Eastern New Mexico University with a bachelor’s degree in Business Administration.

A graduate of Clayton High School, Tanner was very involved in FFA while helping at the family ranch and most recently worked at Eastern Equipment & Supply in Portales. “I am very excited to work for New Mexico Farm and Livestock Bureau,” said Tanner. “They are a great organization that is working hard to promote our state’s farm and ranch families and I look forward to being a part of that success.”

“With Tanner’s background he will be an excellent asset for us and I’m sure he will hit the ground running,” said Chad Smith, NMF&LB’s CEO.

MEMBERSHIP APPLICATION TO JOIN ONLINE AND PAY BY CREDIT CARD VISIT NMFLB.ORG

Name: _________________________________ Address:________________________________ City:________________ State:_____ Zip:_________ Phone:________________ Email:_______________________ Date of Birth:____/_____/_____ I hereby apply for Regular*____ Associate**____ membership in the ________________ County Farm Bureau®. Dues are $60 annually and may be mailed to 2220 N Telshor Blvd, Las Cruces, NM 88011 or will be billed upon receipt of completed application. _______________________ Applicant’s Signature *Retired or active agricultural producer & agri-businesses **Agricultural supporter

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New Mexico Farm & Ranch

February 2017

You can’t predict your future.

But we can help you protect it.

Contact your Farm Bureau agent to see how we can help safeguard your family’s future with life insurance and prepare you for a retirement that’s financially secure.

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New Mexico Farm & Ranch

February 2017

Non-profit Organization U.S. POSTAGE PAID Las Cruces, N.M. Permit No.2093

2220 N. Telshor Las Cruces, NM 88011

RETURN SERVICE REQUESTED

NEW MEXICO FARM & LIVESTOCK BUREAU Since 1917 . . . a Leader in New Mexico

ISSN 0028-6192 2220 N. TELSHOR BLVD. • LAS CRUCES, NM 88011 575.532.4700 • FAX: 575.532.4710 PUBLISHER: New Mexico Farm and Livestock Bureau New Mexico Farm & Ranch is published monthly. Yearly subscription is $24.00.

New Mexico Farm and Livestock Bureau members receive a complimentary subscription with yearly dues.

U.S. Postage PAID, bulk rate, PERMIT #31, Las Cruces, NM 88001. FORWARDING/RETURN POSTAGE GUARANTEED, ADDRESS CORRECTION REQUESTED. OFFICERS Craig Ogden President, Loving Larry Reagan 1st Vice President, Ft. Sumner

BOARD OF DIRECTORS Burl Brown, Des Moines Bud Deerman, La Mesa Jim Ellett, Hope Duane Frost, Claunch Anita Hand, Datil Gary Hathorn, Flora Vista Leon Hemann, McDonald Jay Hill, Mesilla Park George Jackson, Lordsburg John Jackson, Lake Arthur Janet Jarratt, Los Lunas Deena Kinman, Elida Matt Lansford, Clovis Danielle Lowry, Albuquerque Donald Martinez, El Rito Tommy Ortiz, Las Vegas Troy Sauble, Maxwell Paula Sichler, San Antonio John Sweetser, Deming Tom Wilton, Ft. Sumner

Boe Lopez 2nd Vice President, Springer

Anita Hand, Chair Women’s Leadership Committee

Chad Smith Chief Executive Officer

Danielle Lowry, Chair Young Farmer & Rancher Committee

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New Mexico Farm & Ranch

REGIONAL DIRECTORS Tanner Anderson, Portales Valerie Huerta, Santa Cruz Zach Riley, Albuquerque Benjie Segovia, Las Cruces Natalie DiMatteo Administrative Assistant Cheryl Butterfield Northern Director, Ag in the Classroom Traci Curry Southern Director, Ag in the Classroom Francisco Hatay Marketing Coordinator Dalene Hodnett Director of Communications and Media Relations Carmen Macias Comptroller Theresa Widner Director of Membership Services

February 2017