Pacific Nut Producer Magazine

Tag: AAC

  • Industry Input Needed: Aluminum Phosphide, Magnesium Phosphide & Phosphine Proposed US EPA Interim Registration Review Decision

    In September of 2020, the US EPA released their Proposed Interim Registration Review Decision on Aluminum Phosphide, Magnesium Phosphide, and Phosphine. There is a 60-day comment period on this decision with a deadline of Tuesday, December 22, 2020.

    In the review, the EPA has proposed mandatory buffer zones based on computer modeling. The proposed actions for phosphine and the metal phosphides would establish mandatory buffer zones around fumigation facilities into which bystanders may not enter during treatment or aeration of commodities post treatment. EPA is proposing a minimum of 10 feet for all fumigations and proposed buffers of 10 feet to 500 feet depending on application rate, facility, container size and other impacts of the fumigation procedures. These buffer zones could restrict your current uses of phosphine drastically, some to the point where you may no longer be able to use the fumigant.

    How does this impact the almond industry?  This decision impacts almonds, barley, grains, avocados, corn, cotton, lettuce, peanuts, pistachios, rice and more. Phosphine is a colorless gas used on commodities in storage and shipping to prevent losses due to insect and vertebrate (mainly rodent) pests. Phosphine is formulated as a pressurized gas stored in cylinders. It is the active component of the metal phosphides, released when pellets of metal phosphide interact with moisture in the air. Phosphine and metal phosphide products are registered for use on dried foods (e.g.: nuts, dried fruits, grains), on animal feed, and on processed foods (e.g.: candy, baking mixes, crackers, meats, dairy). Phosphine gas products are registered for use on non-food commodities, such as tobacco, clothing fibers, hair, wood, paper, tires, and beehives. Metal phosphide products are also registered for in-field (i.e.: greater than 100 feet from occupied buildings), in-burrow rodent control. Phosphine and the metal phosphides are applied as structural or space fumigants (e.g.: under tarps, in grain mills, in warehouses), vehicle fumigants (e.g.: railcars, trucks, containers), grain fumigants (e.g.: silos, farm storage, flat storage), and vessel/ship fumigants.

    Data from California for the years 2013 to 2017 indicate that an average of 19,900 lbs phosphine, 160,600 lbs aluminum phosphide, and 13,200 lbs magnesium phosphide were applied annually in California. The applications for all three active ingredients (a.i.s) were made to nuts (6,900 lbs phosphine, 50,200 lbs aluminum phosphide, and 67,000 lbs magnesium phosphide). Structural use including storage facilities and processing equipment (14,900 lbs aluminum phosphide, 300 lbs magnesium phosphide) was also reported. The remaining usage data do not specify a specific commodity. Similar records of usage data are not required by other states and are not available.

    Please take the time to read the below attachments and click the link to fill out the questionnaire which was developed by the manufacturer Degesch. This questionnaire should only take a few minutes to complete but is extremely valuable in responding to public comments and advocating on behalf of the industry. Time is of the essence, so we are asking for your assistance by November 30th.

    Questionnaire: Click Here.

    EPA Proposed Interim Registration Review Letter: Click Here.

    Proposed Interim Registration Review Decision Case Document: Click Here.

    Again, the industry has a deadline of December 22, 2020, to respond to the PID. Please complete your responses to the questionnaire by Monday, November 30, 2020.

    Feel free to distribute this link within your organization or to others who may be able to provide feedback on the PID proposals.

    If you have any questions, please call, Elaine Trevino at 209-300-7140 or Ed Hosoda at Cardinal Professional Products at 916-997-6045.

    For additional information please go to the EPA website at the following link: http://www.epa.gov/pesticide-reevaluation.

  • CA Court Rules Insects Not Protected by Endangered Species Act

    The California Superior Court in Sacramento has ruled the California Endangered Species Act (CESA) does not cover insects and that bees cannot be classified as fish. The Court issued its final ruling on Nov. 19, 2020.

    The Almond Alliance of California, in collaboration with seven other agricultural groups, filed suit with California Fish and Game Commission in response to a vote to grant candidacy status to four subspecies of bumble bees under the California Endangered Species Act (CESA).

    The California almond industry recognizes that pollinators are integral to many natural habitats and are crucial for the production success of our industry.  The Almond Alliance of California is pleased with the ruling and reiterates that the California almond industry continues to be committed to protecting the health and well-being of bees.

    Ruling in Almond Alliance of California v. California Fish and Game Commission, Judge James P. Arguelles agreed with a group of petitioners including the Almond Alliance of California. The petitioners argued that the California Fish and Game Commission (the Commission) was not authorized by the CESA to give four species of bumble bees candidate-species status because the California Legislature was clear in the CESA that insects were not protected.

    The Commission and the California Department of Fish and Wildlife unsuccessfully argued that bees and other insects and invertebrates are covered under the CESA because “invertebrates” are included within the definition of “fish” in Section 45 of the Fish and Game Code (FGC).

    The case follows a 2018 petition from the Xerces Society for Invertebrate Conservation, Defenders of Wildlife, and the Center for Food Safety to the Commission to add the four bumble bee species to the list of endangered species under the CESA. The four species of bumble bee were the Crotch, Franklin’s, Suckley cuckoo, and Western bumble bee. The bumble bees became candidate species, meaning “a native species or subspecies of a bird, mammal, fish, amphibian, reptile or plant that the Commission has formally noticed as being under review”, when the Commission accepted the petition in June 2019. The court’s Thursday ruling set aside the Commission’s decision.

    The Almond Alliance in conjunction with our trade organization partners argued that this consideration is not justified based on the following facts:

      • Presently, no insects are listed as threatened or endangered under CESA.
      • Both the California Office of Administrative Law and the California Office of the Attorney General have previously taken the position that insects cannot be listed under CESA.
      • CESA defines candidate, threatened, and endangered species as “native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant.” The list does not include insects.

    If listed under the California Endangered Species Act (CESA), the bees would have been the first insects added. Pesticide restrictions, grazing rules, and other habitat protections could then be imposed.  While the bees are “candidates” for listing, they have the same protections as species listed as threatened or endangered.  This means prohibitions on killing them, which the Department of Fish and Wildlife routinely interprets to extend to harm to the bees or their habitat.  That could lead to uncertainty if bumble bees are present on fields or in other areas where agriculture is happening. This type of ambiguity would be disruptive to the almond industry.  For example, ripping or other soil movement could be claimed to disturb potential nesting sites.  The petitioners specifically list honey bees as a threat to the bumble bees, thus a listing could regulate placement of or reduce the number of honey bee hives.  Listing bumble bees as threatened or endangered is setting the stage for how other insect pollinators will be defined, regulated, and protected.The Almond Alliance thanks Nossaman, LLP for effectively representing the coalition and appreciates those in our industry who contributed to the legal fund to support this effort.

  • Almond Alliance of California Applauds Defeat of Prop. 15

    The Almond Alliance of California today hailed the defeat of Prop. 15 which, if passed, would have been the largest property tax increase in California’s history.  The latest results from the Secretary of State’s office shows Prop. 15 losing by a margin of 52-48 %.
    The Almond Alliance mobilized a grassroots campaign focused on educational materials, letters and provided support to a broader coalition of industry partners. Almond Alliance Chairman Mike Curry said, “This is a tremendous victory for California agriculture and the California almond community. This measure would have devastated family-owned farms and businesses and jeopardized our locally grown food supply.”
    The victory demonstrated the power of agricultural groups partnering with like-minded organizations to achieve success at the ballot box, said Curry. “We worked closely with a coalition of agricultural organizations to inform our members about this issue and provide the resources needed to educate voters about the danger of Prop. 15 to the agricultural community,” he explained.

    The statewide No on Prop 15 campaign included organizations, such as: Agricultural Council of California, Western Growers, California Farm Bureau Federation, California Business Roundtable, California Chamber of Commerce, California State Conference of the NAACP, California Black Chamber of Commerce, California Asian Pacific Chamber of Commerce, Latin American and Caribbean Business Chamber of Commerce, California Business Properties Association, California Taxpayers Association and hundreds of other entities.
    “Our members deserve credit for stepping up to the plate quickly when we put out a call for help,” said Curry. “Their efforts were key to building this coalition and defeating this measure which would have unfairly burdened our community.”

    About the Almond Alliance of California
    The Almond Alliance of California (AAC) is a trusted non-profit organization dedicated to advocating on behalf of the California almond community. California almonds generate more than $21 billion in economic revenue and directly contribute more than $11 billion to the state’s total economy. California’s top agricultural export, almonds create approximately 104,000 jobs statewide, over 97,000 in the Central Valley, which suffers from chronic unemployment. The AAC is dedicated to educating state legislators, policy makers and regulatory officials about the California almond community. As a membership-based organization, our members include almond processors, hullers/shellers, growers and allied businesses. Through workshops, newsletters, conferences, social media and personal meetings, AAC works to raise awareness, knowledge and provide a better understanding about the scope, size, value and sustainability of the California almond community. 

    For more information on the Almond Alliance, visit https://almondalliance.org/ or check out the Almond Alliance on Facebook, Twitter and Instagram.

  • Port of Oakland Update on Container Availability and Shipping Line Disruption

    The Almond Alliance hosted a zoom call with the Port of Oakland this morning to discuss issues with shipping lines and container availability at the Port of Oakland.  Through October 2020, Oakland sent out 18% fewer empty containers compared to the same time period in 2019.  Empty container exports dropped 30% between September 2020 and October 2020 (41,440 TEU vs 29,000 TEU respectively).  As you know most container shipping lines are foreign owned and are urging importers to return empty containers as quickly as possible, since it is having impacts throughout the supply chain. Ships are coming in late and berthing late and are cancelling many bookings. A significant number of chassis are being used to store full import containers, resulting in increased dwell times. The return of empty containers to free up chassis and improve operational velocity in terminals and storage yards is needed to help improve the situation.

    While efforts of many trade  associations (including Agriculture Transportation Coalition) are reaching out to the Administration and congressional representatives to request assistance, the goal of the Almond Alliance is to contact all of the carriers and get their message on what is happening with their containers and let them know the position and concerns of the almond industry.

    We requested that the Port of Oakland provide and recommendations to our membership to help them get through this situation. Below are some recommendations for consideration.  The Almond Alliance continues to work on this issue and will keep you updated.

    Recommendations to address this issue temporarily until the larger situation is handled:

    • Talk to your carriers and ask them if their book of business has changed.
    • Talk to your carriers and request that they take more export cargo. 
    • Based on your carriers’ book of business, you may need to spread the risk and consider working with other carriers. If your carrier does not have imports coming in, that is something you should consider in your decision in the next 3 months. 
    • Look at the terms of the conditions of your contract with your carrier. Certain contracts you can change your terms of conditions and temporarily give them up so carriers have incentive to work you.  We need to find ways to put pressure on carriers. 
    • Be flexible with equipment – better off shipping something than nothing and lose the sale. 

    Important note:

    Hapag Lloyd informed the Port of Oakland that in addition to the current delays of vessels employed in the AL5 service and the various recovery measures such as port omissions, speed-up, and rotation changes we unfortunately did not succeed to bring the service back on schedule since new delays have jeopardized those efforts.

    Ongoing adverse weather on the Atlantic is preventing us to do the necessary speed-up and even forces us to reduce the speed for safety reasons. In addition, port congestions caused by weather related port closures and labor shortages have caused additional delays.

    In order to recover the AL5 schedule and bring vessels back into the proforma long term schedule position, H/L has proactively decided to let all vessels slide by one week as per week 48 MV “NYK Rumina” 053W. All vessels sailing until then will remain in their delayed position with some slight schedule adjustments.

    For any questions, please email Elaine Trevino at etrevino@almondalliance.org.