WASHINGTON, DC - The U.S. Department of Agriculture (USDA) has cited Farmers Best of NYC Inc., operating out of Brooklyn, N.Y., for failure to pay for produce.
According to a press release, the company failed to pay $610,685 to eleven sellers for produce which was purchased, received, and accepted in interstate commerce from February 2016 through October 2016. This is in violation of the Perishable Agricultural Commodities Act (PACA). As a result of these actions, Farmers Best of NYC Inc. is prohibited from operating in the produce industry until December 18, 2020, and then only after they apply for and are issued a new PACA license by USDA.
The company’s principal, Eran Evenaim, may not be employed by or affiliated with any PACA licensee until December 18, 2019, and then only with the posting of a USDA approved surety bond.
USDA is required to publish the finding that a business has committed willful, repeated and flagrant violations of PACA as well as impose restrictions against those principals determined to be responsibly connected to the business during the violation period. Those individuals, including sole proprietors, partners, members, managers, officers, directors or major stockholders may not be employed by or affiliated with any PACA licensee without USDA approval.
The PACA Division, which is in the Fair Trade Practices Program in the Agricultural Marketing Service, regulates fair trading practices of produce businesses that are operating subject to PACA, including buyers, sellers, commission merchants, dealers and brokers within the fruit and vegetable industry.
In the past three years, USDA resolved approximately 3,350 PACA claims involving more than $63 million. PACA staff also assisted more than 8,000 callers with issues valued at approximately $156 million. These are just two examples of how USDA continues to support the fruit and vegetable industry.
MONTEREY, CA - Human resources and safety professionals within the agricultural industry will soon gather for the 39th Annual Agricultural Personnel Management Association (APMA) Forum in Monterey, CA. Held at the Monterey Plaza Hotel, January 23-25, 2019, the conference provides educational activities to agricultural companies so that they best understand labor and employment law, human resources, and safety. I had the chance to speak to the two keynote speakers, Dave Puglia, Executive Vice President of Western Growers, and Vic Smith, President and CEO of JV Smith Companies, to find out what this event means for the industry.
“I suppose every industry in every part of the country is challenged by recruitment, retention, and training demands, plus regulatory compliance, but employers in California and especially those in the agriculture industry navigate what must be the most complicated and burdensome regulatory regime in the United States,” Dave begins. “This conference brings together subject-matter experts across a wide range of these issues. It’s really valuable for ag employers, first for understanding those legal and regulatory issues, but also for those who want to go above and beyond as employers of choice.”
According to APMA, Dave was selected as a keynote speaker because he offers a legislative perspective about how different regulations in California and across the nation will affect the industry.
“I’m still processing the election outcomes and how those results might translate into policy affecting our industry,” he continues. “One dynamic to watch in the California Legislature is the degree to which the Democratic supermajority, now at three-fourths of both chambers, faces internal conflicts over issues of concern to the business community. And of course, the really big questions revolve around Gavin Newsom and his approach to agriculture issues. In Washington D.C., the Democratic takeover of the House of Representatives presents some interesting possibilities for a new immigration reform effort.”
Vic Smith was selected to speak about best practices for companies that wish to create and foster an enlightened and motivated workforce.
“First of all, I am honored to be asked to speak at this event. I will be focusing on being ‘the employer of choice.’ I believe we are at the point in our industry where Human Resources is becoming one of the most important components for any successful business,” Vic tells me. “Not that it hasn’t had significant impact in the past, but it will need to be transformational to keep up with future trends.”
APMA also believes in promoting networking, stating that it is one of the best resources for industry knowledge. For those attending, here’s what to expect:
Wednesday’s Opening Program:
- Comprehensive H-2A Program panel presentation
- Special guest workshop with Geni Whitehouse CPA, Countess of Communication
- Interactive activity exploring key topics to help professionals stay ahead of HR issues
Thursday will feature sessions that address emerging issues impacting the industry:
- Employment and Labor Law
- Strategic Management
- Health & Safety
- Human Resources
- Recognition of the 9th Graduating Class of the Human Resource Professional in Agriculture (HRPA) Certificate Program
Friday will feature a Labor and Employment Law Update, as well as:
- Networking lunches, reception and dinner, and popular vendor displays
Stay tuned here to get the latest in industry news!
LOS ANGELES, CA - While some of us experienced a 2018 that felt like it was born from the depths of hell (don’t ask), POM Wonderful had a year for the record books! The super premium juice (SPJ) provider had its best-ever sales year in 2018 and in celebration of that fact, are touting a laundry list of other accomplishments.
“Consumers are increasingly looking for healthier options, and POM Wonderful is proud to be the only legacy brand continuing to grow in the super premium juice category,” said Adam Cooper, Vice President, Marketing. “Not only was 2018 our best year ever in sales, but 9 in 10 consumers recognize our brand. POM Wonderful is the most exclusive super premium juice brand, meaning half of POM buyers only buy POM juice when they’re shopping the category.”
As we’ve previously reported, POM debuted two all-new campaigns in 2018. The company said it spent roughly 6 times more than its competitors combined on media, creating such memorable campaigns as the “Dolphin” digital campaign in the summer and “Worry Monsters” in October.
“We are also proud that POM’s 48 oz. 100% Pomegranate Juice is the highest selling item in the food channel under the super premium juice category,” Cooper continued. “This is in part due to our tireless marketing efforts to let people know that we’re THE Antioxidant Superpower, and we can help you get crazy healthy by drinking POM Wonderful.”
Here are a few other major achievements POM noted in its media release:
- 9 in 10 consumers recognize the POM Brand. POM Brand Awareness is at 87%.
- POM’s 48 fl oz 100% Pomegranate Juice has been the highest selling item in the in the food channel under the SPJ category (52 weeks ending 11/4/2018).
- POM is the most exclusive SPJ brand. 50% of buyers only buy POM in the set.
- POM is the only legacy brand contributing dollar growth to the category (6% of dollar sales growth added to SPJ category over 52 weeks ending 11/18/2018).
Congratulations to POM on its banner year—we’ll be watching out for even more throughout 2019!
YAKIMA, WA - To most of us stuck in the dreary cold of winter, fall seems ages away. But not for the fine folks at Superfresh Growers®! These proactive growers are already laying the groundwork for fall harvest. The growers manage crops by pruning each tree to ensure they get an even amount of sunlight (known as “farming the light”).
“We’re farmers of light, as light gives us the color and increases flavor on the apples,” said Chief Horticulturist Dave Gleason. “We’re always trying to balance the light. Each bud has the potential to become an apple, so it’s important that tree quality is the same from top to bottom.”
Winter-dormant trees are currently being examined in an effort to set a strong apple crop. Sometimes tree limbs break, or are not as strong, and trees naturally attempt to fill in the spaces. New shoots are put up, which closes off light access. To address this, the orchard teams practice strategic pruning techniques, evaluating tree structure, studying buds, and making adjustments to ensure a balance of light.
To guarantee premium fruit quality, it is essential that light distribution is even. This function allows the growers to put the apples where they want them on the tree. The clock never stops at Superfresh—for this company, farming is a year-round effort.
AndNowUKnow will continue to deliver harvest updates.
MCALLEN, TX - This week, as the government shutdown approached its fourth week running, President Donald Trump made a surprise visit to the Rio Grande corridor. The President and Congress have been unable to come to terms on a budget around the sticking point of $5.6 billion in funds for border security, and President Trump took to the border to visit the situation on the ground and bolster his case for a wall along the U.S.-Mexico border. But there may be another sticking point in the President’s plan; his border wall plan is tremendously unpopular with many residents of the Rio Grande Corridor.
“We know where our border is, and we have one. A wall is really not the effective way to protect our border,” said McAllen, Texas, Mayor Jim Darling, according to a Texas Standard report. “If you’re separating your property with a wall, there’s damages to that property to the south for sure…just the inconvenience of getting there…the federal government does not take that into consideration.”
Darling has been a vocal critic of the President’s proposed border wall. While Darling supports comprehensive immigration reform and notes that municipalities along the border bear much of the onus for a “broken” immigration system, he says that the border situation hasn’t reached the level of a “crisis,” and certainly not a “national emergency.”
The federal government is currently in the process of surveying land along the U.S.-Mexico border, prompting municipal leaders—and many South Texan landowners along the border—those potentially facing land seizure—to take issue.
“You could give me a trillion dollars and I wouldn’t take it,” Rio Grande corridor landowner Eloisa Cavazos told the Associated Press (AP). “It’s not about money.”
The Trump Administration has threatened to declare a national emergency—circumventing Congressional approval and appropriating unspecified funds to pay for a border wall running the length of the U.S.-Mexico border.
One of the more vocal critics of President Trump’s plans has been Republican Congressman Will Hurd, whose district—the 23rd Congressional— stretches 820 miles from El Paso to San Antonio.
“Building a 30-foot high concrete structure from sea to shining sea is the most expensive and least effective way to do border security,” Hurd told CNN this week.
Hurd isn’t alone in his opposition. In fact, CBS News has reported that “every congressperson along the southern border opposes border wall funding.”
AP noted that legal experts think, even in the case of a national emergency, President Trump’s plans will still be subject to the stipulations of eminent domain, “which requires the government to demonstrate a public use for the land and provide landowners with compensation.”
According to the Texas International Produce Association (TIPA), more than $6 billion in fruits and vegetables came through the Texas-Mexico corridor in 2017.
AndNowUKnow will continue to report on the situation as it develops.
CALIFORNIA - It’s time to dust off our raincoats and locate our umbrellas, fellow Golden State residents. Storms are a-brewing across California, with the first of three storms expected to move in to the central and southern parts of the state as early as this (Friday) afternoon, according to a report by AccuWeather.
Three main storm systems are heading toward the West Coast this weekend and early next week and will bring periods of heavy rain to coastal Southern California and snow to the Sierras. AccuWeather predicts Los Angeles will receive nearly 0.5 inches of rain in the first storm, which is expected to be the lightest of the bunch, and 0.75 inches of rain in the second storm. The last of the storms will hit in the middle of the week, impact all of California, and bring another “heavy dose of snow to the Sierras.”
“The storm on Sunday through Tuesday will be strong enough to bring heavy snowfall into the Sierra Mountains,” said AccuWeather Meteorologist Brett Edwards. “This additional snowfall will be beneficial for the ski resorts up in the mountains.”
During this time, Californians can expect delays on coastal roadways from San Diego through Los Angeles, Santa Barbara, San Jose, and San Francisco.
Here’s to hoping fresh produce is feeling thirsty this next week! For more weather updates as they relate to fruit and veg, stay up-to-date with AndNowUKnow.
SANTA FE SPRINGS, CA - In a recent move, Jon Holder has been named Director of Produce at Superior Grocers, an independently-owned grocery chain in Southern California. I spoke with Jon to find out more about his illustrious retail career and what this new role will entail.
Beginning his career in 1975 as a Courtesy Clerk in Northern California at Holiday Markets, he later moved into the produce department. In the following years with the grocer, he held many positions, all the way up to Store Manager. In 1982, he began working with Raley’s in its produce department. In 1999, he was promoted to Regional Specialist in Las Vegas and Reno. In 2006, he took a promotion as Senior Manager of Produce and Floral, where he was involved in product selection, store design, and private label development. When he took an early retirement in 2015, he and his wife Yvonne ventured into entrepreneurship as Owner-Operators of a Grocery Outlet. In 2017, an opportunity arose with Grocery Outlet, and Jon took the position of Produce Buyer for the Pacific Northwest and East Coast, where he managed the procurement and merchandising direction for 135 stores.
In his new position as Director of Produce at Superior Grocers—to which he was appointed this month—Jon explains to me what this role entails.
“I will be diving deep into what makes Superior stand out as a regional retailer, identifying the strengths and weaknesses the company has in its people, product selection, and processes,” he shares. “My role will allow me to help steer the company into the next decade with strength and respect. Superior already has a great name; we just have to understand our customers’ needs better tomorrow than we do today.”
Jon says he will hold office in Santa Fe Springs at the Corporate Office/Distribution Center and report to Shonna Williams, who was recently promoted from Director of Produce to V.P. of Produce. In her new role, Shonna has taken on the role of overseeing shipping and receiving as well as procurement at the distribution center.
Inspired by Superior’s position in the Southern California market, Jon was instantly inspired to join the team.
“Superior is poised to become a bigger player through continued improvement, strong leadership, and consistent quality at fair prices,” he says. “Capitalizing on current store locations throughout the region, Superior has stabilized market share. By building a stronger team with a passion to grow the business, we can realize that possibility. That makes a winning team and I like to be on the team that wins.”
You can hear the passion in Jon’s voice, and he goes one step further to impress his excitement upon me.
“Produce has always been at the core of my career development. From the growers to the packers and shippers, to the buyers and the personnel store at the store level, we have some of the hardest working people in the industry. Why? Because they love what they do! I love what I do! Produce is constantly keeping you on your toes to become better and more efficient,” he concludes.
Congratulations to Jon on this next step! We at AndNowUKnow wish you all the best!
MCALLEN, TX - It is now day 20 of the government shutdown, and as President Trump continues to push forward his agenda of securing funding for a new border wall, he announced a surprise emergency visit to border towns like produce’s own McAllen, Texas. Ahead of his visit, I spoke with prominent Texas ag figures Dante Galeazzi, President and CEO of the Texas International Produce Association, and Bret Erickson, Sr. VP Business Affairs for J&D Produce, about his border wall proposal, labor, and more.
“From what we understand, the President will be in McAllen today to visit the U.S. Customs & Border Protection station, followed by a trip to the Rio Grande river. While we prefer positive publicity for all the good in the region, we understand the importance of today’s visit to the administration’s objectives,” Dante shared. “While we’re thankful for the additional federal resources—especially those that help facilitate trade—we do have our concerns in this region about the construction of a border wall. South Texas is not like the areas of California, Arizona, or New Mexico where the largest sections of the border wall exists today.”
Dante explained that current construction plans in South Texas call for building the wall along a levee system on the U.S. side of the border, which is anywhere from ½ mile to several miles away from the Rio Grande river. He said the wall would then essentially be separating America from America and would likely require the government to appropriate U.S. farmland along the river for the space needed to build that wall.
“It would mean taking away resources from our American farmers and further decreasing the number of viable farming acres in our region,” Dante continued. “We support border security and the dedication of resources necessary to do so. However, we would like to see the administration take a different approach to the issue, perhaps something more in line with Rep. Hurd's suggestions for a security plan using technology to gain operational control of the border, especially for this region.”
Bret shared Dante’s appreciation of Trump’s willingness to visit the situation on the ground at McAllen.
“I’m happy that the President has chosen to come visit the border region, especially to my home here in the Rio Grande Valley,” Bret said. “I hope he walks away with a better understanding of how important international trade is to our region and to the country. The fresh produce sector specifically has flourished in Texas and created thousands of jobs and economic activity, both directly and indirectly. At J&D we are primarily a domestic producer, however we do rely on imports to help supplement our overall program. Imports allow us to serve our customers throughout the year and keep our full time employees busy year-round.”
Ahead of Trump’s visit, Bret noted he aims to move the conversation toward labor issues as well.
“It is my hope that the President looks beyond the singular issue of a border wall and considers a comprehensive approach to border security which includes significant improvements in our guest worker programs that allows these people to come and work legally in the U.S.” Bret said. “As a domestic grower/shipper, we are suffering from a severe labor shortage. It gets worse every year, and Congress has done nothing to improve our situation. It’s terribly frustrating to see our growth and success constrained by political warfare. There are so many able-bodied people wanting to come to the U.S. Let’s find a way to let them work legally and help the American farmer succeed to give U.S. consumers more options in the produce aisle.”
There will likely be new information about Trump’s government shutdown and border wall following today’s visit. According to CNBC, Trump has teased the possibility of declaring a national emergency to build the border wall. This would circumvent the need for congressional approval. The news source noted that Trump could potentially use the journey to McAllen as part of his justification for the action.
AndNowUKnow will keep you updated with the latest.
WASHINGTON, DC - After weeks of silence on the state of the E. coli outbreak, the CDC has finally announced the outbreak "appears to be over as of January 9, 2019"—an announcement that many from around our industry have deemed too late.
How can we remedy this broken process to ensure safety is the top priority and that timeliness and communication play a more significant role? A few experts and leaders from around the produce industry shared their varying thoughts with ANUK.
“This statement, a month after the months of consumer and CDC confusion, is another indication that we must fix the current system—not just to protect consumers but better protect the food supply itself,” said Todd Linsky, Principal and Owner of TLC Consulting. “I challenge the debate by proposing that we need to be driving costs into our food production and help the producers not only make a living, but have the ability to afford to create a system that provides safety. If we keep trying to dumb down our food we will continue to see our mistakes.”
The California Leafy Green Marketing Agreement's Marketing Communications Director April Ward added, "The California LGMA is pleased to see FDA and CDC’s updates on the romaine outbreak yesterday as it is important for the public to know that Romaine is safe to eat. The leafy greens farming community is committed to protecting consumers and we are all focused now on efforts to examine and update farming practices to make leafy greens safer."
According to its latest and, presumably, final report, the CDC cites 62 people across 16 states and the District of Columbia were infected with the outbreak strain of E. coli. No deaths were reported.
The CDC first announced the outbreak at the end of November, advising all to stay away from romaine. The organization then followed up on December 13th to reveal the source of the outbreak, again warning all not to buy, serve, sell, or eat romaine lettuce from California’s Monterey, San Benito, and Santa Barbara counties. But, after the December report, communication from the CDC ceased. Many organizations on the buy-, supply-, and consumer-side of produce, including PACA, Western Growers, food scientists, and even McDonald’s, stepped up to keep the lines of communication open, arguably filling in the gaps of the CDC’s own obligation.
Will the CDC learn from this outbreak and correct the process in the name of future safety? I, for one, would be grateful if the CDC would address the systemic issues that have come to light during this chain of events. We await the conversation that will address these recent complications and obstacles. CDC, what's next?
AndNowUKnow will continue to keep our finger to the pulse of the produce industry.
SELAH, WA - While many people see the holidays as a time for gift-getting, others see it as a time for gift-giving. The Rainier Fruit Company took this spirit of charity to heart over the holidays with its Pears for Pairs national marketing campaign. As part of that program, which provides socks to the homeless, Rainier Fruit staff raised over $1,300 during a holiday dessert auction to donate hundreds of pairs of socks and towels to the Union Gospel Mission in Yakima, WA.
“At Rainier Fruit, our mission to be Wholesome to the Core is about finding ways to give back and make a difference in the community and the lives of others,” said Andy Tudor, VP of Business Development, in a press release. “Pears for Pairs helped to shine a light on the growing problem of homelessness not just nationally, but even locally here in our small community.”
More than 3.5 million people experience homelessness each year in every state in the U.S. Over 570 individuals, families, and children are homeless in the Yakima-Selah region alone. In an effort to address this, the company launched its Pears for Pairs holiday marketing program this year in November, which involved a joint event with Hanes in Austin, TX, at Mobile Loaves & Fishes and continued on with in-store marketing programs at various retailers across the country. At the moment, donation amounts are being tallied up, and the company will soon announce the resulting funds raised through retail programs.
Not content to stop at socks, the Rainier team participated in its annual Toys for Tots toy drive, collecting over 800 toys to be given out to local children for the holidays.
AndNowUKnow will continue to report on these sorts of charitable programs.