Where’s My Syngenta Settlement Payments?

Paul Goeringer, Agriculture Law Legal Specialist
University of Maryland Extension

This article is not a substitute for legal advice. Reposted from the Maryland Agriculture Risk Management Blog

Several of you continue to ask me when you might see checks from the Syngenta corn seed settlement. In late 2018, the court approved the settlement order for the $1.51 billion MIR162 Syngenta settlement. Based on the final order, payments to producers should have started going out in the second quarter of 2019, but this did not happen.  On January 3, 2020, the federal district court in Kansas approved the final settlement. Growers have one last step: provide the claims administrator with an IRS W-9 form either online or by mailing a form into Corn Seed Settlement Program Claims Administrator, P.O. Box 26226, Richmond, Virginia 23260.

The settlement includes all U.S. corn farmers, including those who opted out of the original class-action suit and those who grew Agrisure Duracade corn and Agrisure Viptera corn varieties. The settlement also includes landlords who based rental rates on yield or price, such as a flex-lease based on yield or price or a crop-share lease. Fixed cash landlords are not eligible to participate. The period included in the settlement is September 15, 2013, through the 2018 crop year.

The settlement includes four classes:

  • Class 1: Growers and eligible landlords who did not use Duricade or Viptera,
  • Class 2: Growers and eligible landlords who did use Duricade or Viptera,
  • Class 3: Grain handlers, and
  • Class 4: Ethanol producers.

Claims to three of the four classes will have limited recovery amounts:

  • Class 1 will receive a minimum of $1.44 billion, with the bulk of the settlement going to corn growers and eligible landlords who did not grow Duricade or Viptera corn seeds.
  • Class 2 will be limited to $22.6 million,
  • Class 3 will be limited to $29.9 million, and
  • Class 4 will be limited to $19.5 million.

As a part of the settlement order, the court set aside $503,333,333.33 for attorneys’ fees.

Based on the recent information, producers should be receiving Notice of Determination forms showing the producer’s portion of the settlement. Expects checks to go out later in 2020. How much can you expect to receive in this settlement? That is still not clear and something I cannot accurately answer.

This latest move means this settlement process should be winding up. Many of the ongoing appeals appear to be resolving themselves with this settlement. If the situation changes, I will provide further information.

 

Share Your Insight in SARE/CTIC/ASTA Cover Crop Survey

SARE press release

Farmer insights are now being sought for the sixth nationwide cover crop survey by SARE, the Conservation Technology Information Center (CTIC) and the American Seed Trade Association (ASTA). The online questionnaire is now open at https://bit.ly/CCSurvey2020.

The survey takes about 10 to 15 minutes to complete. Participants who complete the survey can enter a drawing for Visa gift cards worth $100 and $200.

“Since 2012, the SARE/CTIC/ASTA Cover Crop Survey has provided very important perspective into why and how farmers use cover crops—or why some don’t—and has helped guide resources in research, communications and policy around cover crops,” said Mike Smith, project director for CTIC. “The Cover Crop Survey has been a key tool for farmer organizations, conservation and extension service personnel, seed companies and other agribusinesses, and it has even been cited in testimony to Congress. This is a great opportunity to hear farmers’ voices on cover crops.”

Smith noted that the survey seeks answers not just from long-time cover crop fans, but also from new users and farmers who have not planted cover crops at all.

“Past surveys have provided significant insights on progress being made with cover crops and barriers still to address,” said Rob Myers of the North Central Region SARE Program.

The seed industry is especially interested in cover cropping trends, noted Jane DeMarchi, ASTA’s vice president of government and regulatory affairs, “Use of cover crops is evolving quickly and ASTA members who supply cover crop seed are looking forward to gaining insights on how they can better serve their customers in the future,” DeMarchi said.

The survey will be open until April 12 at https://bit.ly/CCSurvey2020. Previous Cover Crop Survey reports are available online.

 

 

PPE Shortage for Pesticide Applicators Due During COVID-19 Pandemic

Dr. Amy Brown, Pesticide Education Coordinator
University of Maryland, College Park

The American Association of Pesticide Safety Educators (AAPSE) have been discussing appropriate and legal options when applicators cannot access protective masks required by label directions due to COVID-19-related shortages. One solution is that it is legal and safe to use more, but not less, protection than is required by the pesticide label, so applicators can use a more protective style of respirator or face mask if available. The National Institute on Occupational Safety & Health (NIOSH) is working on a guidance statement/document on this problem. I am keeping track of discussions and will distribute that information and any other guidance as soon as it is issued.

UMD Plant Diagnostic Laboratory COVID-19 Announcement

Dr. Karen Rane, UMD Plant Diagnostic Laboratory Director
University of Maryland, College Park

Due to the University of Maryland College Park response to COVID-19, the UMD Plant Diagnostic Laboratory is not able to receive plant samples at this time.

If you need plant diagnostic services, please do not send samples to the clinic. Contact me via email (rane@umd.edu) with photos of the plants in question, and I will do my best to answer your concerns.  Photos for diagnosis should include at least one overall picture of the site or crop, as well as close-ups of the plants and symptoms in question.  Please make sure the photos are in focus for the best chance of diagnosing plant problems. Include a description of the problem, the distribution of symptomatic plants (such as: grouped, random, along edges), percent of plants affected, as well as any spray applications made in the past four weeks. The UMD Plant Diagnostic Lab Sample submission form outlines the type of information that is useful for plant problem diagnosis.

We will contact you if there is a change in this procedure. Thank you for your patience as we deal with this unprecedented situation.

 

COVID-19 Small Business Survival Guide

Maryland Small Business Development Center

The Small Business Development Center has created COVID-19 Small Business Survival Guide. This guide provides current information related to small business best practices during this disaster, emergency funding, state programs, and updates on regulations. This guide is being updated as new information becomes available. Follow the link here: Maryland SBDC COVID-19 Small Business Survival Guide.

Preparing Your Farm for Impacts of COVID-19

Sarah Potts, Dairy & Beef Specialist & Jeff Semler, Principal Agriculture Agent
University of Maryland Extension

What is COVID-19?

Coronavirus disease 2019 (COVID-19) is a respiratory disease caused by a novel coronavirus (official name: SARS-CoV-2) that was identified in 2019. This virus is responsible for the respiratory disease outbreak that began in Wuhan, China in late 2019 and quickly circulated around the globe. The World Health Organization (WHO) declared COVID-19 a pandemic on March 11, 2020.

How is COVID-19 transmitted and who is at risk?

The virus that causes COVID-19 is transmitted through close contact with infected individuals. Anyone can contract the disease, but symptom severity can vary among individuals. Those who are over age 60, have an underlying medical condition (i.e., diabetes, heart disease, lung disease) or are immunocompromised, are at greatest risk for developing severe symptoms related to the disease. While the mortality rate is low (~1.5%), a significant portion of those infected do require advanced medical care. If resources limit the number of people who are able to receive advanced care, mortality rate will likely increase.

Should I be worried about COVID-19 infecting my animals?

Although there is a coronavirus strain that does affect cattle (Bovine coronavirus), there is no indication that the SARS-CoV-2 virus affects cattle. The Bovine coronavirus attacks the respiratory system and the lower gastrointestinal tract of cattle and generally causes diarrhea in calves and respiratory distress in adult cattle. Unlike the virus that causes COVID-19, there is a vaccine that producers can administer to their cattle to prevent Bovine coronavirus.

What steps can I take to protect my farm from impacts of COVID-19?

All farms will likely be impacted by COVID-19 in some capacity. It is important for producers to develop a plan and be prepared for COVID-19-related issues should certain scenarios become reality.

What should producers prepare for?

  1. Variable Milk and Livestock Prices: The unprecedented COVID-19 pandemic has wreaked havoc on the U.S. and world economy and long-term effects are not yet known. These events have already begun affecting milk and livestock prices and the extent and duration of these impacts likely will not be seen for many months. Although the outlook for milk prices was fairly positive at the beginning of 2020, the onset of the COVID-19 pandemic has significantly squelched optimism. There are many unknowns contributing to the uncertainty of financial effects of COVID-19 on dairy and livestock producers. Some of that uncertainty stems from actions that indirectly affect the demand for animal products, including “stay-at-home” orders, mass cancellations of gatherings, school closures, and the discontinuation of dine-in service at restaurants. The extent of the effect that COVID-19 will have on U.S. agricultural exports is also largely unknown at this time. During times of such economic uncertainty, producers should develop a plan to cope with the possibility of sustained low prices and reduced income.
  2. Potential Supply-chain Disruptions: This, perhaps, is the area that is of immediate concern for many dairy and livestock producers. While agriculture and its supporting industries have been deemed “essential” by the U.S. Department of Homeland Security, there is no guarantee that all potential disruptions will be completely avoided. At some point, the outbreak of COVID-19 may cause (or, in some cases, has already caused) disruption in one or more of the following areas: milk pick-up schedules, livestock auctions/sales, feed deliveries, veterinary services, and supply deliveries. In addition to disruptions in supply delivery schedules, supply availability may also come into play given than many day-to-day supplies are not manufactured domestically. While these disruptions are out of their control, producers should communicate with necessary suppliers and prepare for the possibility for each of these scenarios. If a scheduled milk pick-up is delayed, producers should be prepared to dump milk. Producers should ensure that they have a few extra days’ worth of supplies or feed on hand in case deliveries are delayed. Planning ahead and placing orders earlier, if possible, can help ease anxiety and fears of such occurrences.

What should producers do right now?

  1. Encourage regular hand washing: Producers should ensure ample access to soap and water at hand-washing stations and hand sanitizer in areas such as bathrooms, break rooms, and milking parlors. Producers should also remind workers of proper hand-washing protocol. The Center for Disease Control and Prevention (CDC) recommends washing with soap and warm water for at least 20 seconds. If soap and water are unavailable, hand sanitizer with an alcohol content of 60% or more can be used. Handwashing should take place regularly, especially after sneezing, using the restroom, visiting a public area, and before eating.
  2. Limit close contact with others: Producers should postpone any non-essential face-to-face meetings until a later date. The CDC recommends individuals avoid close contact with others (i.e., social distancing) whenever possible.
  3. Clean high-touch surfaces regularly: Producers and workers should practice regular disinfection of common, high-touch surfaces, such as doorknobs, bathrooms, computers, phones, light switches, etc. Bleach-based, alcohol-based (>70%), or general household disinfecting solutions should be effective in sanitizing surfaces. The virus that causes COVID-19 can survive on surfaces for hours or even days after contamination.
  4. Have a plan if you or a significant portion of the workforce becomes ill: Producers should devise a plan that includes a contingency for labor and a list of daily essential chores in case they or a significant portion of their workforce becomes ill. Due to the highly contagious nature of COVID-19, producers should prepare for the possibility that a portion of the farm workforce could become ill. Producers and workers should not to come to work if they are experiencing a fever, cough, or respiratory distress to prevent further spread of the virus.
  5. Minimize trips to public places: This recommendation goes along with number 2. When public outings are unavoidable, such as a trip to the grocery or hardware store, care should be taken to avoid contact with high-touch surfaces as much as possible. Following an outing, producers and workers should be diligent about washing or sanitizing hands afterward. Quick tip: keep a bottle of hand sanitizer in the truck and get into the habit of using it each time you get in.
  6. Practice self-care: Many producers are so busy taking care of their animals that they neglect to take care of themselves. Practices such as eating a balanced diet, drinking plenty of water, managing stress, and getting plenty of rest all promote good health and wellbeing. Although it is difficult for many producers to fit all of these practices into their busy schedules, maintaining these healthy habits will help support immune function and build strength should they be confronted with an illness such as COVID-19

Where can I find more information about?

The CDC has a website dedicated to providing daily updates regarding the spread of COVID-19. The CDC also has several fact sheets available that explain in further detail how COVID-19 is spread, who is at higher risk, and how individuals can help minimize exposure and transmission. Visit cdc.gov/coronavirus/2019-nCoV/index.html for more information.

References:

Saif, L. J. .2010. Bovine Respiratory Coronavirus. Vet. Clin. North Am. Food Anim. Pract. 349–364. https://doi.org/10.1038/jid.2014.371

Center for Disease Control and Prevention (CDC). 2020. Situation Summary. Accessed March 18, 2020. https://www.cdc.gov/coronavirus/2019- ncov/cases-updates/summary.html

 

.

Essential Farm Worker & Contractor Permit Letters

In response to the growing threat from COVID-19, Governor Hogan has issued a mandate for Maryland residents to shelter in place, beginning March 30 at 8 PM. Farm work and any work in support of agriculture is considered essential work by the Department of Homeland Security and is expected to continue as normal.

During the mandate to shelter in place, travel to and from farms is considered essential travel. If stopped and questioned by law enforcement, any workers traveling to or from the farm should have with them a letter indicating their place of employment and that their job is considered essential. The burden is on the employer to provide employees with proof that they are an essential worker.

Attached below are letter templates that you can use for this purpose. Personalized for your farm workers and contractors doing work on the farm. Contact you local Extension Agent if you have questions. Special thanks to Paul Goeringer, UMD Extension Legal Specialist, for developing these templates.

Maryland Essential Farm Employee: MD essential-employee-farm-worker-permit-1

Maryland Essential Farm Contractor: MD essential-farm-contractor-permit

Delaware Essential Farm Employee: DE essential employee farm worker permit – de

Delaware Essential Farm Contractor: DE essential farm contractor permit – DE

 

Maryland Sensitive Crop Locator

Erika Crowl, Agriculture Agent Associate
University of Maryland Extension, Baltimore County

Attention all beekeepers, specialty crop growers, and pesticide applicators!

In 2019, The Maryland Department of Agriculture partnered with the non-profit company FieldWatch™, Inc., to provide online registry tools to promote good communication between producers of pesticide-sensitive crops, beekeepers and pesticide applicators.

FieldWatch registry uses precision real-time mapping tools to help pesticide applicators know where beehives and specialty crops are located before spraying and to reduce incidences of off-target pesticide exposure. FieldWatch offers three free voluntary mapping tools called DriftWatch, BeeCheck, and FieldCheck for sensitive crops, beehives, and applicators, respectively. 

This system is meant to create awareness among farmers and landowners and to improve stewardship in Maryland. To register, go to FieldWatch.com and choose the type of account you would like to create. 

For more information about FieldWatch, read this helpful resource or call The Maryland Department of Agriculture Pesticide Division at 410-841-5710.

February WASDE

Dale Johnson, Farm Management Specialist
University of Maryland

Information from USDA WASDE report

Attached is a summary for the February WASDE published Tuesday. There was a 50 million bushel increase in the estimate of corn use for ethanol but this increase was offset by a 50 million decrease in the estimate of corn exports and so there was no change in supply, demand or ending stocks.

There was a significant 50 million bushel increase in the estimate for soybean exports. With all other supply and demand factors unchanged this decreased the stocks to use ratio from 11.9% to 10.5%. However, this was anticipated so there was no significant increase in Soybean futures on Tuesday.

There was a 25 million bushel increase in the estimates for wheat exports with all other supply and demand factors unchanged. However with the large ending stocks of wheat, this change was relatively insignificant.

2020 February WASDE

 

Reminder: Sign up for ARC or PLC by March 16

Jim Eichhorst, State Executive Director in Maryland, USDA Farm Service Agency

The clock is ticking… March 16 is the last day to make what is likely one of the most important business decisions you will make for your farming operation this year.

If you have not already visited your local Farm Service Agency (FSA) county office to make your election for either the Agriculture Risk Coverage (ARC) or the Price Loss Coverage (PLC) program and to sign your annual enrollment contract, you should call and make your appointment now.

Many of you are gearing up to head to the field for spring planting, but I cannot stress enough the importance of not letting this deadline get lost in the hectic day-to-day obligations of farm life. If you fail to enroll for 2019 ARC or PLC, you will be ineligible to receive a payment for the 2019 crop year. ARC and PLC provide financial protections to farmers from substantial drops in crop prices or revenues and are vital economic safety nets for most American farms. These programs cover 20 commodities produced in the U.S. FSA anticipates more than 1.7 million producers will enroll in ARC or PLC – that’s a lot of producers to assist in a short period of time.

Want to maximize your time visiting with FSA? Inquire about deadlines and options for also enrolling in 2020 ARC or PLC and updating PLC payment yields. Our staff will help you make the most out of your visit or set you up with a future appointment to help check FSA programs off your lengthy “to do” list.

If you’re still unsure about the choice of ARC or PLC, we offer online decision tools to help you determine the best program election for your farming operation. To access these tools, visit www.fsa.usda.gov/arc-plc. Call FSA today for an appointment.

To locate your local FSA office, visit farmers.gov/service-center-locator. We know that time is money… so make the time to avoid losing the money.