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July 11-12, 2019
MO-AG Summer Meeting;
Lake Ozarks, MO

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Advocacy

MO-AG Meets with Governor Parson on Proposition D
 

Governor Mike Parson (far right) discusses the benefits of Proposition D with MO-AG Chairman Kevin Holcer (far left) and MO-AG Board Member Chris DeMoss

Representatives of Missouri Agribusiness Association (MO-AG) and other agricultural leaders recently held a meeting with Governor Mike Parson to discuss Proposition D.   Prop D would increase funds for maintenance for highways, bridges, roads and streets.  Recognizing the vital importance of roads and bridges for Missouri agribusinesses, MO-AG has long been supportive of infrastructure improvements and highway safety.  MO-AG would encourage members to take a look at Prop D and consider supporting the measure next Tuesday at the ballot box.  More information on Prop D can be found HERE and HERE.


OSHA Fertilizer REP Update
As mentioned in the last edition of the MO-AG Minute, a Regional Emphasis Program (REP) has been announced by OSHA for Missouri and other States within Regions 6 and 7.   Locations that handle Ammonium Nitrate and Anhydrous Ammonia can expect an inspection any time after January 1, 2019.  MO-AG staff have met with OSHA staff in Kansas City and MO-AG continues to seek more information.

Since that time, the REP was officially published by OSHA and it can be found HERE.  Also, MO-AG's national affiliates, TFI and ARA, recently met with OSHA's staff in Washington, D.C.   Conversations continue about efforts that can be made to reduce confusion and to help insure a successful implementation of the REP.  A webinar, conducted by OSHA, is being discussed where OSHA can address the scope of the inspections.  Also being discussed is a video showing a mock inspection.   There have been discussions regarding the benefits afforded facilities that become ResponsbileAG certified.  More information on ResponsibleAG can be found HERE.  MO-AG will share details as they become available.  Additional information can be found in the REP itself.  If you have any questions, please contact MO-AG's Deputy Director Tony Benz at 573-301-2747 or at tbenz@mo-ag.com.


Elevator and Feed Mill Permits

On September 7, 2018, the Missouri Department of Natural Resources reissued the multi-industry general stormwater permit MO-R13XXXX. This permit covers feed mills and grain elevators. As required in the previous permit, the permit renewal continues to require a stormwater pollution prevention plan (SWPPP). For new facilities, the new SWPPP must be prepared within 60 days and implemented within 180 days. For existing facilities, the facility must review and revise its SWPPP as necessary within 30 days of reissuance of coverage. The SWPPP must include an Alternative Analysis that is a structured evaluation of BMPs that are reasonable and cost effective. The analysis must demonstrate why "no-discharge" or "no-exposure" are not feasible alternatives.
 
Once again, this permit renewal sets benchmark stormwater sampling requirements for COD, oil and grease, pH and total suspended solids. However, the permit says "there are no regular sampling requirements in this permit." In other words, you are not required to sample stormwater. If you do, you must submit the sample results, and if the sample results exceed a benchmark, you must review the SWPPP and BMPs to determine what improvements or additional controls are necessary to reduce the pollutants in the stormwater discharge.
 
If you have any questions, please contact MO-AG's legal counsel Robert Brundage by email at rbrundage@ncrpc.com or by phone at 573-634-2266.


MO-AG Meeting Changes
In conjunction with MO-AG's 50th anniversary, MO-AG is making changes in its annual meetings.  In recent years, MO-AG has held three annual meetings:  the summer meeting, the winter convention, and legislative day.  The MO-AG Board has decided to consolidate these meeting and no longer hold the winter convention while focusing on increasing the value and attendance at the summer meeting.  The 2019 MO-AG Summer Meeting will be held July 11-12, 2019 at Camden on the Lake at the Lake of the Ozark.  Please, mark that date on your calendar now! 

 

NGFA's 47th annual Country Elevator Conference and Trade Show, the single largest gathering of country elevator personnel, features the most up-to-date information on the economic outlook for grain elevators, as well as educational sessions on merchandising, the latest technology changing the industry and expert advice on recruiting and retaining employees in an evolving environment.  During the 2018 Country Elevator Conference and Trade Show, held Dec. 2 - 4 at the St. Louis Union Station Hotel in St. Louis, Mo., NGFA industry officers will take the stage to discuss the trends influencing markets and their companies in a roundtable format. There's much more included on the full agenda, which is focused on helping you and your company adapt to a rapidly changing business environment.
 
For more information, see NGFA's website HERE.


More EWG Propaganda
The Environmental Working Group (EWG) has a long history of attacking modern agriculture.  EWG attempts to affect the farm bill and dismantle farm programs.  EWG also attacks the tools of modern agriculture.  In the 1990s, EWG generated reports regarding the environmental and health effects of atrazine.  These 'reports' used scare tactic that showed atrazine in baby bottles.  Over 20 years later and not much has changed.  Today, EWG is out with its newest misinformation report 'Breakfast With a Dose of Roundup'.  The report discusses residues of Roundup (glyphosate) in breakfast cereals.  And as they hoped, it was picked up by the news media in a big way (see below).  Interestingly, this EWG report coincides with a recent $289 million jury verdict against Monsanto regarding a cancer diagnosis of a former groundskeeper. 
 
EWG Study Dismantled
"If you or your children are eating Cheerios right now, there's a good chance that they're accompanied by a potentially harmful weed killer called Roundup," Fortune told its readers on August 16.  A headline from Newsweek states, "Dangerous Weed Killer Ingredient Found in Cheerios, Quaker Oats and Other Breakfast Cereals."   These were two of literally hundreds of news outlets that botched coverage of what scientists say is a dubious study of breakfast cereals and granola bars by virulently anti-GMO Environmental Working Group, a Washington DC-based public health advocacy group.  A bowl of cheerios, or a daily bowl over months or even many years won't endanger your health. Why? Because we are talking about minuscule amounts of glyphosate-well below the levels that would be considered dangerous. It's almost certain that EWG would have found trace levels of dozens of chemicals (similarly harmless)-if they had tested for any other chemical. But EWG only tested for glyphosate. Source:  AgriMarketing

Apply For 4R Advocate Program
The 4R Advocate Program recognizes agricultural retailers and their grower customers who are leading the way when it comes to implementing 4R Nutrient Stewardship on the farm. Nominations for the program will be accepted from August 1 through October 31, 2018. Ag retailers are encouraged to work with growers to complete the nomination form with relevant details about how they are implementing the 4R practices. Applications received by October 31 will be reviewed by a panel of judges, and the winners will be announced in December 2018.  Winning retailers and growers must be able to participate in an expense-paid trip to the 2019 Commodity Classic, which takes place February 28 - March 2, 2019 in Orlando, Florida. The 2019 4R Advocate growers and retailers will be recognized during an awards banquet hosted by TFI at Commodity Classic, in news releases, and on the 4R website.  For more information, CLICK HERE Source:  TFI
 
Dicamba Pre-Plant Only?
Beck's Hybrids is pushing EPA to limit dicamba use to pre-plant applications in order to avoid drift damage issues connected to some in-season applications. "We want to see as many choices in soybean technology as possible for farmers that include Xtend, and we sold over 1 million bags of Xtend soybeans this year," says Kevin Cavanaugh, Beck's director of research. "The challenge we have is for two years we've seen people spray dicamba and follow the label, but we still see drift and volatilization occur on non-dicamba crops."  In the past two years Extension weed scientists have reported millions of acres of suspected dicamba damage, including not only soybean acres, but to commercial vegetable crops, home owner gardens and trees as well.  Cavanaugh says with this level of damage and suspected damage, company representatives felt like they needed to say something for a number of reasons.

"First, we're concerned if drift and volatilization continues, farmers will say 'I can't use any other technology because dicamba could drift onto my field and crinkle leaves-potentially reducing yield,'" Cavanaugh says. "Therefore it forces them to one technology, and when we force them to one technology we get really concerned about weed resistance."  Cavanaugh says they want to make sure access to the technology isn't completely ripped from farmers' hands.  "We don't know what way the EPA will go, they could just let dicamba expire, and we don't want that either," he says. "We're not against Xtend, we fully support its use a pre-plant system so it doesn't drift or volatilize in the growing crop." 


EPA will issue guidance on whether or not dicamba use will be permitted over-the-top of soybeans by the end of August.  Source:  Farm Journal

Be a Good Neighbor and Follow the Label
Pesticide applicators have been rolling across the fields of Missouri.  At this time, it is good to be reminded that we should be a good neighbor and follow the label.  Recently, MO-AG participated in a pilot program led by Fieldwatch which was designed to engage ag retailers & applicators, grape & crop growers, beekeepers, specialty crop growers, and others in a conversation.  The goals of this pilot program are to establish good neighborly relationships, increase communication about crop locations and new technologies, and create resilient communities with a favorable environment for conflict resolution.   For more information on this pilot program, see the Fieldwatch website HERE

Dicamba Reminder
The cutoff date for the application of some products containing the pesticide Dicamba for the counties of Dunklin, Pemiscot, New Madrid, Stoddard, Scott, Mississippi, Butler, Ripley, Bollinger and Cape Girardeau has been extended to June 10, 2018. The original cutoff date was set for June 1, 2018.  All other 24c Special Local Need label restrictions remain the same. The cutoff date for all other Missouri counties is still July 15, 2018. After the cutoff dates, no applications (burndown, preplant, preemergence and postemergence) may be made. 

For more information, see the MDA website HERE.

Pesticide Fees Increase Proposed
Legislation has been filed in the Missouri House that would raise the annual fee for registering a pesticide product for sale in the State of Missouri from the current $150 per product to $450 per product.  The bill is HB2573, sponsored by Rep. Don Rone, and it was introduced in the Missouri House last week.  This bill would also create a Pesticide Education Fund to support applicator certification, pesticide education, and container disposal.  The bill would also allow up to seven percent of fee to be deposited into this Pesticide Education Fund.  MO-AG will follow this bill closely and we look forward to working with the bill sponsor as the bill makes its way through the legislative process.

In other news related to the legislature, MO-AG held its legislative banquet recently in partnership with Sen. Brian Munzlinger and the 4H Foundation.  For several years, Sen. Munzlinger has used this occasion to present the Peter Myers award to those that have demonstrated outstanding public service.  One of the first award winners of this award was Mr. Bill Jackson, General Manager of AGRIServices of Brunswick.  After years of presenting this award to others, Sen. Munzlinger was surprised by Mr. Jackson and MO-AG President Steve Taylor as they presented the award to Sen. Munzlinger for his years of service in the Missouri legislature. 
 

Mr. Bill Jackson (right) of AGRIServices of Brunswick and Steve Taylor, MO-AG President, present Sen. Brian Munzlinger (left) with the Peter Myers award and a caricature memorializing Sen. Munzlinger's work in Jefferson City.

Emergency rule on 2,4-D and dicamba products
The Missouri Department of Agriculture is conducting a public hearing on March 21st to take comments on a proposed emergency rule.  Information on the emergency rule and the public hearing can be found on MDA's website HERE.  Included in the proposed emergency rule is the statement that "pesticides that meet the conditions of this section are considered restricted use pesticides in Missouri and are only allowed to be sold or held for sale in the state from Oct. 1 of each year through April 15 of the following year."  Basically, the emergency rule would prohibit the sale of certain older formulations of dicamba and 2,4-D products after April 15 and before Oct. 1.  Products purchased after October 1 and before April 15 may be used in accordance with the directions for use found on the pesticide's label or labeling.

In a separate news release, MDA announced that it has issued Special Local Need (24c) labels for certain products containing 2,4-D, specially Enlist One and Enlist Duo.  Information regarding these labels can be found HERE.

Major Changes to MDNR Rules
A new rule go into effect May 1st that affect agrichemical facilities (i.e. fertilizer, herbicides).  The rule mainly does two things.  First, the rule eliminates the requirement to obtain construction permits for concrete secondary and operational containments.  In 2013, HB28, a bill supported by MO-AG and passed by the Missouri General Assembly, changed state law by removing the requirement that agrichemical facilities obtain construction permits for concrete secondary and operation containments.  The law change is now reflected in this rule.  Secondly, the new rule also eliminates the requirement that all agrichemical facilities must apply for, or maintain, an operating permit.  After this regulation change, Clean Water Commission regulations do not require businesses with a SIC code of 5191 to apply for an agrichemical operating permit.  A local retail facility that mixes or blends fertilizer on a small scale is likely classified under SIC code 5191, and therefore, are no longer required to have an operating permit.  If you are not a retailer and thus do not fall under the SIC code 5191 exemption, you will need to maintain your permit and there are some new requirements of the permit.

Robert Brundage, MO-AG's legal counsel, looked out for the interests of MO-AG members throughout this multi-year process of revising this rule after the 2013 law change.  Thank you, Counselor.  I would also like to thank Governor Greitens and his staff.  At the CWC on January 11th, final approval of the rule was on the Commission's agenda.  The Commission, however, tabled the rule stating concerns with Gov. Greitens executive order which expressed a desire to remove 'needless and burdensome regulations.'  We met with Gov. Greiten's staff and explained that this rule was a good compromise that actually eliminated regulations for many agribusinesses.  The Governor's office understood and acted quickly to allow the rule to move forward.  So, again, thank you to Governor Greitens and his staff.

The rule goes into effect May 1st.  You should understand the rule, how it may affect you, and what you need to do.  To help with that process, an article which provides more background, summarizes the rule change, and discusses what you need to know can be found HERE.  A copy of the rule itself can be found HERE.  Also, a copy of the agrichemical facility permit template can be found HERE.  In particular, note paragraph one of page 2 of the permit (applicability) which describes the relationship between the operating permit, the rule, and SIC codes.  If you have any questions, please contact Robert at his law firm (Newman, Comley & Ruth) at 573-634-2266 or contact the MO-AG office.
 
Governor Greitens Signs Dicamba Legislation
On Friday, Governor Eric Greitens signed into law SCS HCS HB 662 which changed Missouri pesticide law.  With the emergency clause added to the bill, the legislation became effective immediately with the Governor's signature.  As reported in earlier editions of the MO-AG minute, this bill addresses the illegal, off-label application of dicamba.  The law now allows for a penalty of not more than $10,000 for each violation and a penalty of $25,000 per violation for chronic violators.  The penalty for refusal to submit information to complaint investigators is $5,000.  The language which MO-AG asked be included stating the penalty applies only to persons who "knowingly applied a herbicide to a crop for which the herbicide was not labeled for use" was in the final bill that was signed into law by Governor Greitens.

Governor Greitens signed the bill in Portageville, MO in Rone Hall.  Rep. Don Rone was the sponsor of the bill.  MO-AG again expresses its appreciation to Rep. Rone for his willingness to work with us throughout the legislative process.  

Animal Summit Comes to Kansas City
The Animal Agriculture Alliance's Stakeholders Summit is May 3-4, 2017 in Kansas City, Mo.  With the theme of "Connect to Protect Animal Ag: #ActionPlease2017," the conference will build on the 2016 Summit's focus of taking action to secure a bright future for animal agriculture. Speakers will give the audience actionable solutions to take home and implement on their farm or in their business.   The conference is an opportunity for anyone who has a vested interest in producing or communicating about the production of meat, poultry, milk and eggs to connect with fellow industry stakeholders. Attendees will have the opportunity to participate in engaging discussions and hear out-of-the-box ideas of how we can work together to take on the challenges facing animal agriculture.   To register and learn more, visit www.animalagalliance.org/summit/
 

Meanwhile in Jefferson City
This past week marks the seventh week of session and it is officially constituent season.  Interest groups have booths in the rotunda and special guests are constantly being introduced on House and Senate floors which signals session is in full swing.  A lot of time is still being spent in committees.  Senate Committee Chairs turned in approximately 40 bills this past week to add to the Senate perfection calendar.  The House focused their efforts on penalties for crimes against law enforcement officers and labor bills.  HB175, which directs that regulation of seed and fertilizer is to be conducted by the Missouri Department of Agriculture and is supported by MO-AG, was reported 'do pass' by the House rules committee and now heads to the House floor.

To see MO-AG's legislation of interest, CLICK HERE

Governor Greitens filled vacancies on the University of Missouri Board of Curators.  Greitens announced his appointments of his former campaign finance chairman Jeffery Layman, St. Louis area attorney Darryl Chatman, and President of Farmer Holding Company Jamie Farmer to the board.  The Senate is likely to confirm the Governor's appointments.  In the news release Greitens said, "We can encourage more intellectual diversity and become the best state in the country at preparing students for rewarding careers. These curators bring knowledge and real world experience to the table. They will be important voices for our students and families."

Peterson Seeks CRP Increase in Farm Bill
Congressman and House Agriculture Committee Ranking Member Collin Peterson has said committee members do have some "pet issues" they would like to see addressed in the next farm bill, and that his are increasing the acreage in the CRP.  The CRP, which makes payments to landowners and farmers for idling land to improve the environment and wildlife habitat, is limited to 24 million acres. But Peterson said that, with commodity prices low, he would like to raise the limit to 40 million acres.  CRP allowed 45 million acres when it started 30 years ago, Peterson noted. He said he wants to increase the limit in order to lower production to raise commodity prices, which he said was one of the purposes of the original program.

Gov. Dennis Daugaard join Gov. Mark Dayton and U.S. Rep. Collin Peterson at the National Pheasant Summit in the Minneapolis Convention Center to discuss the process for drafting a new Farm Bill and initiatives for creating wildlife habitat.  The National Pheasant Summit is part of the National Pheasant Fest and Quail Classic organized by Pheasants Forever. The group says Dayton and Daugaard are among the most visible public officials expressing concern over decreasing wildlife habitat in the upper Midwest.  Peterson has called for a big increase in acres protected under the Conservation Reserve Program, which Pheasants Forever supports as a way to restore habitat. Source:  DTN & Capital Journal
  

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