Solutions Source: Goverment regulations

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Pesticides, water, labor, even plants -- they’re all regulated in one way or another by the government. Growers need to apply the same amount of effort to paperwork and government rules as they would to producing quality plants.

The number of regulations at all levels of government is staggering and overwhelming. Some of a grower’s best support can be found at the local extension office.

“Keep in touch with those extension agents when it comes to keeping up with government regulations, especially environmental regulations,” said Lin Schmale, senior director of government relations at the Society of American Florists.

And, of course, trade associations like SAF and American Nursery & Landscape Association and state grower associations work hard to keep up with government actions. When it comes to regulations, it pays to stay informed. But the uninformed may literally pay the price in fees and fines.

Gallons of considerations

Water use and/or water quality are two of the top regulatory concerns for every grower, said Charlie Hall, extension economist at the University of Tennessee in Knoxville. On Sept. 1, Hall will assume the position of holder of the Ellen and Jim Ellison Chair in International Floriculture at Texas A&M University in College Station.

“Whether it’s how much water you’re using or the quality of the water you’re using and discharging, a grower must keep up with regulations concerning those issues,” Hall said.

The city of Leamington, Ontario, Canada, ordered growers to recapture all of their greenhouse water, and Flavour Pict Produce complied.

The greenhouse reduced its water use by at least 40 percent and its fertilizer use by 35 percent, said Chris Clarricoates, head grower. Flavour Pict grows hydroponic cucumbers.

The company recycles about 65,000 gallons of water a day during midsummer. The recaptured water is sterilized before it’s reapplied to the crops.

Panzer Nursery, a florist azalea grower in Beaverton, Ore., started collected its irrigation runoff before the government required it. Foreseeing future regulations, the company installed an irrigation recycling system in 1990.

Runoff and rainwater are collected in a series of underground channels and pumped into a 300,000-gallon tank. Water is monitored and treated with chlorine gas before being reused.

Series helps growers

University of Georgia Cooperative Extension developed the Greenhouse*A*Syst publication series to help growers assess three issues: Water management, environmental risk and business profitability. UGA’s water-management bulletins can help growers establish a water-conservation document. Risk areas covered in the bulletins include water source, delivery and technology, water management, water quality, water recycling/pollution prevention and legislative awareness/company policy.

The Greenhouse*A*Syst risk assessment consists of a series of questions that will walk the user through considerations while evaluating risks.

Publication No. 6, Water-Use Regulation, Legislative Awareness And Company Water Policy Assessment, asks some critical questions.

* Do you know which agency has jurisdiction over water use in your area?

* Do you know if your county or city has a commercial water use ordinance?

* Have there been any water-use restrictions in effect in your community in the past three years?

* Are you familiar with your state regulations and fines and penalties prescribed for improper water release?

Find the publications at www.caes.uga.edu/publications/alpha_list.html#G under Greenhouse*A*Syst.

Worker protection standards

U.S. EPA is working on changes to the Pesticide Worker Safety Program. A draft rule for public comment is expected to be released in August.

EPA’s Pesticide Program Dialogue Committee (PPDC) has been meeting for the last year, creating drafts of regulatory language to overhaul the program.

Enhancements are necessary because both the agricultural worker protection rule and the certification of pesticide applicators regulations have been in effect for many years, said Kevin Keaney, chief of EPA Pesticide Worker Safety Programs. The understanding of pesticide risks has changed and circumstances of pesticide use have changed, he said.

The regulations need to be updated to meet “evolving demands and improved understanding of risks and to satisfy statutory mandates,” he said.

A national assessment report of the program in 2003 identified areas in need of change. Suggestions included: Expand and upgrade applicator competency; increase activities to promote safer work practices; improve worker training and communication; focus on enforcement efforts and improve inspector training; and focus on operational efficiencies.

Goals of the Pesticide Worker Safety Program include:

* Protect human health and the environment by ensuring the competency of pesticide applicators.

* Minimize pesticide exposure to occupational pesticide users and agricultural field workers.

* Ensure proper containment, storage and disposal of pesticides.

* Engage health care providers in improving the recognition and management of pesticide poisonings.

Proposed changes for applicator certification regulations include: Expand users required to demonstrate competency; eliminate “under-the-supervision” language; require trainers to prove competency; set minimum age for occupational users; require testing for occupational users; and set standard requirements for testing.

For more: Lin Schmale, SAF, (800) 851-9495; www.safnow.org. Flavour Pict Produce, (888) 358-7758; www.flavourpict.com. Charlie Hall, University of Tennessee, (865) 974-7410; crh@utk.edu. Panzer Nursery, (503) 645-1185; www.panzernursery.com. Paul Thomas, University of Georgia, (706) 542-2340; pathomas@uga.edu. Kevin Keaney, EPA Office of Pesticide Programs, (703) 305-5557; www.epa.gov/pesticides/health/worker.htm.

Center offers help for state rules

Individuals applying pesticides must do so in a manner not only consistent with federal laws, but also with state laws, which differ from state to state. The agency with primary responsibility for regulating pesticide use differs in each state.

The National Pesticide Information Center manages an online guide with links to phone numbers, addresses and web sites for the primary pesticide regulatory agency in each state and U.S. territory.

The center suggests consulting your state pesticide regulatory agency in these circumstances:

* To inquire if a pesticide is registered for use.

* To find out more about the rules and regulations governing pesticide use.

* To find out if your state requires notification or postings prior to pesticide applications.

* To register a complaint concerning a pesticide misapplication.

* To find out how to become a certified pesticide applicator.

For more: National Pesticide Information Center, (800) 858-7378; http://npic.orst.edu/state1.htm.

Labor paperwork key to compliance

Is your workforce paperwork up to date? With immigration compliance in the spotlight and immigration reform pending on Capitol Hill, growers need to make sure all required paperwork for employees is filed, said Lin Schmale, senior director of government relations at Society of American Florists.

“Within the confines of the law, make sure your labor’s documentation is legal and file I-9s for all employees,” Schmale said.

I-9 forms are required for employment eligibility verification with some exceptions.

For help keeping track of all the necessary forms and rules, go to the source: The U.S. Citizenship and Immigration Services at www.uscis.gov.

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On the left margin click on “employment authorization” and/or “employer information” for help filling out forms or deciding which forms are required.

For more: USCIS, (800) 375-5283; www.uscis.gov.

- Kelli Rodda 

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Begin succession planning now

The Samuel Roberts Noble Foundation

In both Oklahoma and Texas, there are almost eight times as many farmers over 65 years of age than there are farmers under 35 years of age. It is estimated that up to 400 million acres of U.S. farmland will change hands in the next 20 years. Who will farm these acres?

We usually think of farms as family businesses. A family business is one in which more than one family member takes on management or active ownership responsibilities. The essence of a family business is that blood, work and business ownership are held in common. About 30 percent of family businesses make it to the second generation. Only about 15 percent survive to the third generation. About one in 20, or 5 percent, can claim that they are fourth-generation family businesses. (Note: Many farm and ranch families own and operate land that has been in their family for multiple generations. Transfer of land does not necessarily equate to succession of a business operation.)

* Succession planning is a process that requires time (five to 15 years) and effort. It should begin many years before the current operator plans to retire.

* Start now. The earlier in your life and the lives of your successors the process begins, the greater the likelihood of achieving your goal.

* Critically assess the finances of your business.

* Schedule regular, formal family meetings. Encourage everyone to learn as much as possible about succession planning.

* Begin planning for your retirement.

* Outline how and when labor and management will be transferred. These plans should include a “successor development plan.”

* Ownership transfer includes, but is not necessarily limited to, a legal, up-to-date will.

* Develop a contingency plan, probably at the beginning of the process. What if something catastrophic occurs before succession planning is completed? How will you handle divorce, illness, injury, business failure or death? The ultimate contingency plan is the will.

* Set a timetable for completion of the process. Measure progress and adjust as needed.

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Founded in 1945 by Lloyd Noble, the Samuel Roberts Noble Foundation’s vision is influencing agriculture by exploring and improving production agriculture techniques and advancing plant science through research and discovery.

The Samuel Roberts Noble Foundation, (580) 223-5810; www.noble.org.

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