Policy

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No New Ag Legislation

The House and Senate Agricultural Committee’s came together last Wednesday, March 25 for the first committee meeting this year. Rep. Carson called the meeting to order but the Secretary of Ag led the conversation. No new ag legislation will be introduced this year. The meeting was short and straight to the point. To emphasize the impact of past legislation, Mr. Kee passed out a handout listing agriculture legislation since 2010. See the handout below.

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In attendance:

SENATE Agriculture Committee:

  • Sen. Pettyjohn-(R) Georgetown
  • Sen. Richardson- (R) Laurel

HOUSE Agriculture Committee:

  • Rep. Carson-(D) Smyrna-CHAIR
  • Rep. Q. Johnson-(D) Middletown-VICE CHAIR
  • Rep. Paradee-(D) Dover
  • Rep. Lynn-(D) Dover
  • Rep. Outten-(R) Harrington
  • Rep. Kenton-(R) Milford
  • Rep. Peterman-(R) Milford
  • Rep. Wilson-(R) Bridgeville
  • Rep. Collins-(R) Millsboro

Others:

  • Ed Kee, State of Delaware, Secretary of Ag
  • Bill Satterfield, Delmarva Poultry Industry (DPI)
  • Pam Bakerian, DE Farm Bureau, Executive Director
  • Andy Berger, Retired Dairy Farmer

Missing Members from the Committee’s:

  • Sen. Ennis-(D) Smyrna-CHAIR
  • Sen. Hall-Long-(D) Middletown
  • Sen. McBride-(D) Hawk’s Nest
  • Rep. Mulrooney-(D) Pennwood
  • Rep. Bennett-(D) Dover
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First Ag Committee Meeting this Wednesday

The first Agriculture Committee meeting of the 148th General Assembly is scheduled for this Wednesday, March 25, 2015 at 1:00 pm. The meeting will take place in the House Majority Hearing Room at Legislative Hall. Anyone can attend! These meetings are always open to the public. Just bring a picture ID with you to get into Legislative Hall. The agenda simply states:

Briefing from Delaware Department of Agriculture Secretary Ed Kee …

By the way, the website for the Delaware State Legislature has been updated! Wow, it’s about time! Take a look when you have a minute. It seems to be laid out well and even provides staff contact info for the Controller General’s Office and Division of Research. Pretty sure that’s a first.

http://legis.delaware.gov/

dga

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New Ag Committee Assignments

I recently blogged about the ag experience of our current legislators and the importance of agriculture committee chairmanship. This past Monday, the 148th General Assembly committee assignments and chairs were announced. If you would like to see a solution to an ag-related policy problem, these are the legislators you need to talk to! The members for each chamber are as follows:

SENATE Agriculture Committee:

Sen. Ennis-(D) Smyrna-CHAIR

Sen. Hall-Long-(D) Middletown

Sen. McBride-(D) Hawk’s Nest

Sen. Pettyjohn-(R) Georgetown

Sen. Richardson- (R) Laurel

HOUSE Agriculture Committee:

Rep. Carson-(D) Smyrna-CHAIR

Rep. Q. Johnson-(D) Middletown-VICE CHAIR

Rep. Paradee-(D) Dover

Rep. Mulrooney-(D) Pennwood

Rep. Bennett-(D) Dover

Rep. Lynn-(D) Dover

Rep. Outten-(R) Harrington

Rep. Kenton-(R) Milford

Rep. Peterman-(R) Milford

Rep. Wilson-(R) Bridgeville

Rep. Collins-(R) Millsboro

You can see all of the committee assignments here under the “Committees” link. The new session begins next Tuesday, Jan. 13, 2015.

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New Year, New Session, New Ag Committee Chairs

There are 62 Legislators in the DE General Assembly. Many are former teachers. Some run small businesses. A few have backgrounds in healthcare. Five are former police officers (according to a recent DE State News article). But NONE are full-time FARMERS. As a matter of fact, out of 62, only a handful have any experience in agriculture at all.

On the House side, the closest we get is Representative’s Dave Wilson (a part-time farmer and horse breeder), Harvey Kenton (retired from Milford Fertilizer-now Growmark FS, LLC), and Jack Peterman (retired farmer). All are Republicans and in the minority caucus, which doesn’t hold much weight when it comes to committee chairmanship. Chairs of each committee come from the majority caucus, which is currently the Democrat party for both chambers in Delaware. The former chair of the Ag Committee, John Atkins-D, lost in the last election. The Vice-chair was Quinn Johnson-D, who actually grew up on a truck crop farm in Maryland but is more involved in his family daycare business in Middletown. All of the above served on last year’s Ag committee.

On the Senate side, there’s even less ag experience and its all in the minority caucus. The best I can find is Senator Brian Pettyjohn (grew up on a farm and worked for Mountaire Farms). These are a stretch but somewhat related to ag: Senator’s Ernie Lopez (works for UD Cooperative Extension/4-H) and Gerald Hocker (owns his own family grocery store). Again, all are Republicans. The former Chair was Bruce Ennis-D, who’s a former state policeman.

So why care who chairs our Ag committee? A committee chair can have significant power by setting the committee’s agenda and determining when and whether bills will be considered. Other responsibilities of a committee chair typically include calling the committee together to perform its duties. In the past, the Delaware House and Senate Ag Committees often join together to meet. Last year, both Ag committee’s in either chamber met only a handful of times. It often seems to be at the request of our Secretary of Ag, who seems to drive the agenda in Delaware. Last session’s proposed legislation focused on the declining horse industry in Delaware (another recent article for the DE State News). The committee not meeting often means there isn’t much policy being formulated, which to many farmers is a good sign because it means less regulation and government interference. But I don’t think this will be the case in future years. Just watching Maryland grapple with the proposed “Phosphorus Management Tool (PMT)” is painful. Many other state legislatures’ are considering other bills harmful to the ag industry, such as ag-gag laws and GMO labeling campaigns. This is why I was disappointed that a proposed right-to-farm bill (HB 63) went nowhere last session. We need legislators with ag experience to serve and chair this committee to protect our #1 industry by convening this group regularly, setting an agenda to protect their farming constituents, and working with the only pro-farm lobbying group-the Delaware Farm Bureau. Given the lack of experience, especially on the Democratic side, I’m guessing the new chairs will have little experience in agriculture, which is not good when it comes to protecting our #1 industry. Wouldn’t it help to have a pro-active Ag committee stacked with ag-educated legislators on our side?  It’s often too late to educate policy-makers when a bill is already on the table. Especially when our best advocates sit in the minority caucus.

All committee assignments and chairs, appointed by the House Speaker and President Pro Temp, should be announced soon as the 148th DE General Assembly reconvenes on Jan. 13, 2015. New Ag committee chairs will be named. Stay tuned.

 

 

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The Significance of June 30

June 30. It seems like an insignificant date year after year. For many, it simply means……

  • half of 2014 is already over!
  • summer is officially here!
  • Little League All-Stars are under way!
  • State 4-H camp is over until next year!
  • the DE State Fair is less than 20 days away!
  • the 4th of July holiday is just around the corner!

But in DE state government, it is significant. It’s the end of our state’s legislative session (no exclamation point). This means late nights for many state employees and legislators as they try to wrap another year’s budget and policy making. This will mark the end of the 147th General Assembly. It ran from January 2013 to present. Any bills left in limbo are forever gone. All legislation must be introduced as new in the next session, which will begin in January 2015.

This year’s session was plagued by low revenues, a proposed gas and water tax, e-cigarette laws, and another potential casino bailout. There wasn’t much room for anything else; therefore agriculture took a normal backseat. Here’s a roundup of ag-related legislation from this past session (click on the link for more info):

  • HB 385 w/ HA 1– Industrial Hemp
    • This is Rep. Dave Wilson’s bill to allow DDA and/or any higher education institution in DE to create and operate the pilot programs to study the growth, cultivation and marketing of industrial hemp. According to NCSL, 15 other states currently have laws allowing for hemp production. So far it has only passed the House. Time may run out.
  • SB 245 w/ SA 1 – Dangerous Dogs & Animal Fighting
    • I don’t really consider this an agricultural bill but it comes through on my RSS feed. It pertains to the treatment of animals when seized for criminal activity, etc. It passed the Senate and just came out of the House Health & Human Development Committee.
  • SB 201 w/ SA 1 – Humane Killing, Authority of DDA
    • This is an interesting bill but needed, in my opinion. It clarifies the duties of the newly established Office of Animal Welfare within Public Health to oversee “companion animal” programs as well as shelter standards, previously managed by DDA. It also updates DDA’s role to focus on poultry and livestock species. It passed both chambers and is awaiting the Governor’s signature.
  • HB 122 w/ HA 1, HA 2, & SA 2 – Amending Registration of Farm Vehicles
    • This bill requires farmers to register their farm vehicle with DMV and display an official “FV” tag, which replaces the former white, plastic Farm Vehicle Use tag. This stemmed from rampant illegal abuse of the white plastic tag. The new tag is only available through DMV. The cost is $10 with a signed affidavit, confirming that they meet requirements for being a farmer. For more specifics see this blog post from the DE Farm Bureau. I need to print this for Farmer Dan and my Grandfather. They love going to DMV (no exclamation point).
  • HB 150 w/HA 1, HA 2 – Raw Milk Bill
    • Sponsored by Rep. Outten (my district), this bill sought to legalize raw milk for public consumption within Delaware state lines even though the FDA  does not support. It was defeated in the House last June (2013). But a May 2014 House of Representatives e-newsletter highlighted this bill again, touting a “far more tightly focused bill” and stated it would be circulated for sponsorship soon. Haven’t heard anything since. There are some audio cuts on the House of Reps website.
  • HB 63 – Freedom to Farm 
    • Sad to see this bill sit on House Ready List for more than a year. Perhaps it got complicated because it was a constitutional amendment? Or no one advocated? I sent an email to the Secretary of Ag and my legislators in support. Maybe something bigger and better is planned for next session?

A few other semi-related ag bills:

  • HS 1 for HB 60 w/ HA 1, HA 2, HA 3 – Direct Shipment of Wine to DE Consumers (for those in the grape business)
  • SCR 64 – Establishing the DE Waterways Management and Financing Advisory Committee (for DE Watermen)

Keep in mind, the session isn’t over yet. Interesting things can happen in the wee hours of June 30 (no exclamation point).

 

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2014 Legislative Update

For the first time in 2014, the DE General Assembly convened in January. Later in the month the usual “State of the State” address was given by our Governor. I have to agree with State Minority Whip Rep. Deb Hudson (R). Why wasn’t our #1 industry mentioned? Take a listen below (it’s a 9 second clip).

Rep. Hudson said she was surprised that a speech that was expected to focus on economic development did not mention the state’s number one industry…

Is there a state agricultural policy agenda for the upcoming year?  As of today, Feb 18, there has been no Agricultural Committee meeting scheduled or held this year in either chamber. There are many agricultural related bills being held over from the last session including the “Right to Farm Bill” (HB 65) and at least 2 bills related to agricultural license plates and special tags. One of these, HB 122, did pass both Houses on Jan. 30, 2014. This bill would allow farmers who have a farm vehicle that is used within a 20 mile radius of their farm to register their vehicle with DMV. The “FV” tag would replace the white plastic “Farm Vehicle” tags. The FV tag fee is $10 which is comparable to what the “Farm Vehicle” tags sell for. A vehicle with an “FV” tag would be exempt from inspection.

I also have to admit, the “clean water initiative’s” our Governor mentioned several times in his address make me nervous.  Details from DNREC haven’t been released yet. The Governor also released his budget proposal a few days later, in which he proposed a $8 million funding cut to the State’s Farmland Preservation program. The cut would leave $2 million for the fund.

In recent days, Rep. John Atkins, Chair of the House Agricultural Committee, proposed a toll for west Rt. 404 instead of the .10 gas tax, which the Governor proposed in his address. It was all over the media yesterday, including tv and radio (WBOC, WMDT, and 105.9). Our family farm businesses operate on Rt. 404, which include a retail produce stand, creamery, and daily farm operations. If this becomes seriously considered (it sounds like a just an idea at this point), let’s pray that our customers don’t bypass Rt. 404 to avoid the toll. Let’s also hope that the toll booth doesn’t go in directly across from one of our retail operations. I’d also like to hear what Rep. Dave Wilson, Sen. Brian Pettyjohn, or Sen. Gary Simpson have to say (Rt. 404 west is split by District 18 & 19), since this is their district! Sen. Pettyjohn released a YouTube video recently, centered on ag issues and not supporting the proposed gas tax hike or cut to farmland preservation dollars, but it offered no alternative options and it came out before Rep. Atkin’s toll proposal. See the You Tube mash-up below. The legislative session doesn’t reconvene until late March. More to come and hopefully an Ag Committee meeting date!?!?

http://www.youtube.com/watch?v=XcK8_2kPKWs

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Raw Milk Bill Dead & Farm Truck Tag Changes

This past Tuesday HB 150–DE’s Raw Milk Bill was introduced on the House floor in the DE General Assembly. Besides the Dept of Ag opposing, a prominent DE dairy farmer was invited to testify why he opposes the bill. Mr. Walt Hopkins stated that he was afraid more regulation would come to the industry if raw, unpasteurized milk was legal to sell directly to consumers. He said the industry already has enough inspection and didn’t need more. Another legislator asked the bill’s prime sponsor, Rep. Outten, if the constituent who approached him to sponsor the bill was a farmer. The answer was no. The same legislator also asked him if the passage of this bill could potentially harm children in Delaware who drink milk. The answer was yes. And that was the end of DE’s attempt to join 30 other states and legalize raw milk sales. Not sure why he didn’t ask many of the dairy farmers in his district to support the bill (such as the Busker’s, Knutsen’s or Vogl’s). Final roll call: 26-no, 14-yes. Here’s the results from my poll:

Would you purchase and/or consume raw milk from a DE farmer if legalized?

Answer Votes Percent
Yes, I would purchase and/or consume raw milk from a DE farmer. 24 60%
No, I would not purchase or consume raw milk period. 14 35%
Unsure. I need to research more. 2 5%

, SB 62 was brought to a final vote and passed. This bill would allow farmers to register their trucks, semitrailers, and trailers with an “FT” tag at the reduced registration fee. The bill is pretty straightforward and short in language. It also clarifies that FT Tags may be used for personal use other than non-farming commercial use, understanding that all FT tagged vehicles are required to have auto insurance. The bill passed both chambers and awaits the Governor’s signature. ****PLEASE NOTE: Originally I got this bill confused with HB 122, which sets out to replace the “farm vehicle” tags.  This bill is sitting on the Senate ready list. I doubt it will make the agenda this time around but the bill will carry over into next session.

In case you’re curious, here’s a link to DE State Code on current farm vehicle registration and a DMV document on Motor Vehicle Laws affecting DE Farmers.

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Delaware’s Raw Milk Bill

In yesterday’s House Agriculture Committee meeting, HB 150-AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO RAW MILK was introduced. Here’s the language from the DE General Assembly bill tracking:

This Bill legalizes the sale of unpasteurized, raw milk directly to a final consumer. The State of Delaware adopted, by Regulation, the United States Department of Health and Human Services’ Grade “A” Pasteurized Milk Ordinance 2009 Revision, as amended, (the “2009 PMO”) in May 2011. Section 9 of the 2009 PMO prohibits the sale of unpasteurized milk and milk products to the final consumer. This Bill creates an exception to this prohibition that would allow the sale of unpasteurized milk and milk products by only those persons holding a validly issued “raw milk permit.”
Currently, thirty states allow consumers to purchase raw milk. Of those 30, 12 allow consumers to purchase raw milk at retail stores. This bill, however, similar to the situation in many other states, would limit raw milk sales to the farm or property where the raw milk is produced.
This Bill further tasks the Department of Health and Social Services, in consultation with the Department of Agriculture, with establishing a raw milk permit program, as well as such rules, regulations, and standards as are necessary to further the objectives and provisions of this Bill and ensure the safety of the general public.

The main sponsor is Rep. Outten (R), the longtime legislator from Harrington. I’m pretty sure it’s his first bill. I wasn’t able to attend but I wish I could have to hear comments. From what I understand, DE Dept. of Ag and the DE Farm Bureau do not support this bill because of the FDA’s position that raw milk is unsafe. Currently the federal government does not allow interstate raw milk sales and has left the decision of local sales up to individual states. The way HB 150 is written now, it would not allow direct retail sales. In other words, only the farm or property where raw milk is produced could sell it to the final consumer. I’m not sure how much this will benefit DE dairy farmers if they don’t already have a roadside farm stand or market.

I’ve heard my grandmother say she drank milk straight from the cow her entire childhood. She also told me she always thought cereal was supposed to be hot because they used milk straight from the cow’s udder for breakfast. Groups like “A Campaign for Real Milk” and “Raw Milk USA” cite many benefits of raw milk which are diminished after it’s pasteurized. I’ve also heard of some specialty food shops wanting raw milk product. Opponents, such as the FDA and CDC, say raw milk can cause serious illness by transmitting harmful bacteria. So my question to you is……….would you purchase/consume raw milk bottled in Delaware?

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Update on House Bill 63 – “Right to Farm”

Representative John Atkins and Senator Bruce Ennis have filed House Bill 63 in the Delaware General Assembly. As mentioned in a previous post, it’s modeled off North Dakota’s Right to Farm bill. It was released from the House agricultural committee on March 27 and heads to the House Agenda. No telling when it will actually appear on the agenda but I’ll be watching. More to come.

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE BILL NO. 63

 AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION RELATING TO AGRICULTURE. 

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Article I of the Constitution of the State of Delaware by making insertions as shown by underlining as follows:

§21. Right to engage in agriculture.

The right of farmers and ranchers to engage in modern farming and ranching practices shall be forever guaranteed in this state.  No law shall be enacted which abridges the right of farmers and ranchers to employ agricultural technology, modern livestock production and ranching practices.

SYNOPSIS

                This bill is the first leg of a constitutional amendment that forever guarantees the right of farmers to engage in modern farming and ranching practices.

It’s considered a “constitutional amendment”, which means it takes longer to pass.

Article XVI defines the paths by which the Delaware Constitution can be amended:

  • The Delaware General Assembly can amend the constitution. Unlike in any other state, the state legislature can amend the constitution without a vote of the people. For the legislature to amend the constitution:
  • Two-thirds of all the members elected to each chamber can vote in favor of a proposed amendment.
  • The Delaware Secretary of State then must publish the proposed amendment(s) three months prior to the next general election in at least three newspapers in each county.
  • The subsequent General Assembly then votes again on the proposed amendment(s) and if an amendment receives the two-thirds approval of all members of each chamber, it becomes part of the constitution.
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2012 Ag in Review

How was 2012 for you? Are you looking forward to 2013 or still trying to catch up from 2012? I’m doing both. I’m reviewing what happened in 2012 but quickly looking ahead at what is to come in 2013; all with a positive, ag-related focus.

Positive local highlights for Ag in 2012:

  1. The end to the Hudson Farm Case; in favor of the Hudson’s
  2. The naming of the State of DE, Dept. of Ag headquarters to honor Richard S. Cordrey
  3. Another 5,750 acres of farmland preserved in DE
  4. Increase in DE farmer’s market sales; totaling almost $2 mil
  5. More state $ allocated to the Young Farmer program
  6. UD Cooperative Extension Agent Ernie Lopez was elected as DE State Senator
  7. A new Dean of UD College of Ag & Natural Resources was named
  8. A new Director for UD Cooperative Extension was named
  9. The naming of the UD Thurman G. Adams Research Farm in Georgetown, DE – love this video!!!!
  10. Bruce Hotchkiss & Mike Scuse were Honored with the Secretary’s Award for Distinguished Service to Agriculture

Other national highlights for Ag in 2012 include:

What does 2013 hold for local Ag? Here are some upcoming highlights:

Now it’s your turn. What do you think is coming in 2013 related to Ag? Share your thoughts here or email me at christyvwright@gmail.com ! I’d love to hear them!