Recently, Western Growers, along with a number of statewide and national agricultural employers and organizations, signed on to an amicus curiae (friend of the court) brief in support of Peri & Sons Farms’ Petition for Writ of Certiorari (request for review) to the U.S. Supreme Court.
The petition came after an adverse ruling in the Ninth Circuit Court of Appeals. The petition asked the high court to consider the following two issues, according to Western Growers:
1 - whether H-2A employers are responsible for reimbursing foreign workers’ pre-employment travel and immigration expenses during the first work week as required by the Fair Labor Standards Act, or after the employee has completed 50 percent of the contract, as provided by the H-2A regulations; and …
2 - whether deference is owed to the Department of Labor’s (DOL) interpretation of the Fair Labor Standards Act (FLSA) and its regulations.
Should you have further questions on the issue, please feel free to contact: Jason Resnick Vice President / General Counsel
On June 16, 2014, the Supreme Court denied Peri & Sons Farms’ petition for certiori. This ruling means that the Ninth Circuit Court of Appeals’ decision requiring reimbursement of pre-employment travel and immigration expenses during the first work week will stand.
This foreign labor case has a ripple effect beyond the H-2A employer community. The Ninth Circuit concluded that it was required to defer to the DOL’s interpretation of an ambiguous regulation, and that interpretation decided the case. Western Growers notes that, unfortunately after the Supreme Court’s denial of review, such deference to an executive agency’s interpretation of its own regulations remains alive and well.
With this decision in place, all employers that utilize H-2A foreign workers should review and revise their policies to ensure that workers are reimbursed for pre-employment travel and immigration expenses during the first work week.
Stay tuned as we follow the H-2A conversation.
SALINAS, CA - Mann Packing is releasing a new proprietary vegetable kit, Snap Pea Sensations™, in response to the popularity of their complete kits and the strong growth of their Sugar Snap Pea sales.
“Mann’s snap peas outsell the competitors’ 5:1; we know consumers love them and we also know time-starved parents are looking for creative and healthy meal solutions that are quick and easy to prepare for their families,” said Kim St George, Director of Marketing and Innovation.
“We’re very excited to roll out these first-of-their-kind snap pea kits,” St George said. Mann produced a couple of their own videos demonstrating the easy prep involved to produce a Snap Pea “Sensations” cold salad or sautéed dish. Check out the videos below!
“There are no other vegetable kits on the market with this versatility.” Mann's kits can be prepared as either part of a cold salad, a skillet sauté, an entree, or even as a side dish.
The 11-ounce Snap Pea Sensations kits are available in two flavors—Asian Sesame and Mediterranean Style. The Asian Sesame kit includes sesame seeds and an Asian-style dressing; the Mediterranean kit includes grated Parmesan cheese and a basil garlic-infused olive oil dressing. The kits will have a 16-day shelf life and will carry a suggested retail price between $3.99 and $4.99, according to a press release.
Mann Packing in in the process of a full rollout in the U.S. and Canada by July 2014.
WASHINGTON, DC – The USDA’s Agricultural Marketing Service is hosting a free Webinar called “An Introduction to the Perishable Agricultural Commodities Act (PACA).” The webinar will take place Thursday, June 26th from 2:00-3:00 p.m. Eastern Time.
Karla Whalen, Director of the PACA Division, will be the speaker for this webinar. Whalen will introduce the PACA and give practical tips on how it can help produce companies resolve business challenges like the interpretation of USDA inspection certificates and protecting their businesses if customers do not pay or file for bankruptcy, according to a press release.
After the presentation, an interactive question and answer session will end the webinar. This will be the time to address any remaining questions about PACA.
Since space is limited, the USDA asks that interested parties register to participate via the USDA Webex website.
As competition in the retail sector continues to heat up, companies are opting for price comparisons to stay on top of the game. Costco and Wal-Mart are among six major retailers that will add information to websites and mobile applications under an agreement with New York’s attorney general that will allow consumers to compare prices by unit, according to Bloomberg.
Other retailers getting on board are Walgreens, FreshDirect, CVS , and Drugstore.com. These companies agreed to put the unit prices on their web-based shopping platforms within nine months, New York Attorney General Eric T. Schneiderman noted.
Costco and Wal-Mart said they will provide unit pricing information on their websites and mobile stores throughout the U.S. by the end of this year, while the other stores will provide unit pricing online by March 2015.
“As the Internet becomes the shopping mall of the 21st century, we need to ensure that consumers have the same robust protections online that they do in brick-and-mortar stores,” said Schneiderman.
On another note, Amazon.com Inc. declined to participate in New York’s initiative. The company has unit pricing on some pages and doesn’t provide the information uniformly across its platforms, according to Schneiderman’s office.
According to the report, Amazon “claims it will extend unit pricing to its subsidiary Quidsi, which operates online stores like Soap.com, but refused to commit to that in a written agreement.”
The state’s unit pricing statute requires large retail stores to clearly display the price per unit of measurement for most types of food, cleaning and paper products, toiletries, pet food and over-the-counter medications.
What other major retailers could jump on board as this initiative takes off? Stay tuned as the story develops.
WENATCHEE, WA - In celebration of the start of cherry season, Stemilt Growers has launched its #CherrySweet Summer Sweepstakes this week on its website, blog, and social media networks.
The goal of the sweepstakes is to deliver new cherry recipes to consumers that highlight the flavor and nutritious qualities of the cherry.
“Our #Cherry Sweet Summer Sweeps is all about giving consumers what they’ve told us they want – healthy recipes for their favorite fruit of the summer – cherries,” said Brianna Shales, Stemilt communications manager. “We’ve partnered with two of our food blogger friends to serve up fresh cherry recipes and weekly prizes to consumers all summer long, in hopes of inspiring people to enjoy Stemilt cherries in new yet nutritious ways.”
For entering the sweepstakes, consumers will receive a weekly email throughout June and July from Stemilt, highlighting a healthy new cherry centric recipe created either by Carolyn Ketchum from All Day I Dream About Food, or Connie Ott from MiscFinds4U. The recipes will highlight the natural sweetness and nutritional value of Stemilt cherries.
“We’re thrilled to partner with Carolyn and Connie, both of whom are well-known and well-loved by consumers. Tapping into their experience and expertise will be a great way for us to get more Stemilt cherries in people’s hands this summer, and educate consumers about the many great health benefits that cherries provide. Cherries are the prized fruit of the summer, and we want to encourage as many people as we can to enjoy them in new and healthy ways,” said Shale.
The Gluten Free Cherry Pavlova, a recipe created by Carolyn, will be the first of four recipes that Stemilt will share with customers through its #CherrySweet Summer Sweepstakes.
In addition to the sweepstakes, @Stemilt is putting on two #CherrySweet Twitter parties this summer. The first, hosted by Carolyn from @DreamAboutFood, is next Tuesday, June 24th at 9 PM EST /6 PM PST.
According to Shales, the #CherrySweet Summer Sweepstakes is just one of the avenues Stemilt plans on using to directly engage with customers about its apples, pears, cherries, and other summer fruits.
“We recently surpassed 50,000 likes on Facebook and continue to share fresh content from our farms and the table on Twitter, Instagram, Pinterest, Stemilt.com, and our blog,The Stem. Consumers want to know who grew their food and we’re all about telling them our story by bringing the farm right to the places they spend their time, all the while offering up inspiration for enjoying our fruits in new ways,” said Shales.
The #CherrySweet Summer Sweepstakes will run through July 28th.
CORAL GABLES, FL - Turbana and Weber Grills are partnering together alongside ShopRite stores in New Jersey to raise awareness for a local cause while introducing a tropical twist to the 4th of July.
The event is called “Grillin’ Goodness with Turbana and Weber” and features grilling and gardening tents outside of six ShopRite stores in the New Jersey Area. Customers will get to see Weber grill masters at work and sample the summer flavors of grilled plantains while learning about Learning Through Gardening, according to a press release.
“Turbana is thrilled to be partnering with Weber and ShopRite on this initiative. Not only is this event fun and interactive, but it also benefits a community program that we have such a strong history of involvement with. Turbana has worked with Learning Through Gardening in the past to create an international garden exchange program between schools in New Jersey and Colombia, so it seems natural for us to tie a New Jersey grilling event to this organization and show the community what amazing things Learning Through Gardening is doing for their children,” stated Turbana’s Marketing Director, Marion Tabard.
Customers at ShopRite stores across the country who choose to purchase Turbana plantains using their Price Plus Club cards during the promotional period between June 20 to August 31 will be automatically entered to win a Weber Spirit E-310 LP gas grill. ShopRite will also donate a portion of the proceeds from these plantain sales to the Learning Through Gardening program, helping to provide more schools with materials and funds to build vegetable gardens and promote a healthy lifestyle for their students, according to a press release.
“Weber is excited to be involved with ‘Grillin Goodness with Turbana and Weber.’ This event encourages consumers to try something new and different on their grill – like plantains. ‘Growing Smiles, Sharing Goodness’ is an endeavor that Weber is happy to endorse as it encourages healthy eating and being part of a community,” commented Jeanine Thompson, Weber’s Events and Promotions Manager.
In support of the program, social media and online personalities, ranging from mommy bloggers to grill masters, will be working to host a Twitter party with the hashtag #GrillinGoodness, hoping to inspire consumers to integrate plantains into their 4th of July festivities. The party will be hosted on Wednesday, June 18th from 12 a.m. to 1 p.m. - two days before the program begins - and will provide ideas for recipes, grilling tips, and nutritional facts about plantains.
Additionally, the brands are extending an invitation for South Jersey bloggers and local media to participate in the in-store grilling events in New Jersey in order to garner the support of the local community.
EDEN PRAIRIE, MN – Supervalu has been making a wide range of efforts to improve its performance, as it is committed to invest in business growth and improve EBITDA. Financial news publication Seeking Alpha suggests that Supervalu holds a promising position among leading grocers with its dedicated efforts to grow in an already highly saturated U.S. supermarket industry.
For example, the company's promotional and sales programs successes and effective operations are continuously growing its sales base, Seeking Alpha reports. Efforts to grow Supervalu’s Save-A-Lot stores have been ongoing and are now showing signs of success. The company reported +3.5% year-on-year growths in its Save-A-Lot sales. So far Supervalu has added 40 new Save-A-Lot stores, and expects to open an additional 65 new stores in FY15.
Supervalu’s management is also optimistic about lowering its cost structure. Many steps have been taken to get a leaner cost structure by the end of FY14. The recent quarter’s 6.4% year-on-year decrease in SG&A expenses was achieved partly through its cost reduction initiatives, Seeking Alpha reports.
While the company’s recent quarter’s -0.6% year-on-year decline in supply chain revenue may affect revenues in the short term, Supervalu plans to invest in the supply chain segment to make it more efficient to help bolster it for long term success.
With the company’s focused approach about cost reduction, margins are expected to scale up soon. Its future earnings may also get a lift from investments in revenue generating business segments.
Stay tuned to AndNowUKnow for more updates on its progress.
IMMOKALEE, FL - Lipman is expanding its footprint with its latest acquisition of grower and distributor The Produce Exchange (TPE). With operations in Washington, California, and Arizona, TPE joins Lipman’s national network of farming, packing, processing, and repacking, according to a press release. Financial terms of the acquisition were not disclosed.
“We are thrilled to welcome The Produce Exchange team to Lipman,” said Kent Shoemaker, Lipman CEO. “We are confident that their close-to-the-customer services, in addition to their West Coast supply in tomatoes and vegetables, will enhance Lipman’s ability to create more success with our customers.”
TPE brings unique varieties of fresh produce that will now be offered to Lipman customers year-round with four locations along the West Coast. Sam Jones, TPE’s President, will maintain his leadership role.
“Joining the Lipman family of companies is exciting for all of us at The Produce Exchange,” said Jones. “We look forward to using Lipman’s national farming and repacking network to give our customers access to the acre.”
Shoemaker concluded, “Lipman and The Produce Exchange have a lot in common and it is summed up best by TPE’s mission statement: The relentless creation of extraordinary successes together with our partners. Strategically, our values are in alignment, our facilities and farms complement one another, and our seasoned people together bring experience that will give our customers what they need to be successful.”
Congrats on the successful acquisition, Lipman!
WENATCHEE, WA - Welcome to What’s in Store. World Famous Cherries from Stemilt are in season now with harvest going on daily through September in Washington State. Stemilt cherries come straight from beautiful locales like Stemilt Hill in Wenatchee, WA where warm days and cool nighttime temperatures create the best environment for producing cherries with world famous qualities.
Stemilt and the Mathison family are celebrating the company’s 50th year anniversary in 2014. To mark the occasion, Stemilt is packing cherries in its classic white box with the company’s 50 year logo. Proper merchandising of cherries is key to any store’s success and Stemilt’s grower-centric pop-up display bins are a great way to bring cherries front and center in the produce department during key promotional periods that include the 4th of July.
Stemilt’s golden Rainier cherries are fresh off the tree and ready for promotion just after July 1st, with big promotions centered on National Rainier Cherry Day on July 11th. Also in early July, Stemilt starts packing Kyle’s Pick cherries. Named after 4th generation cherry grower Kyle Mathison, this premium cherry program puts the best cherries in pouch bags with the Kyle’s Pick logo in order to entice shoppers throughout the month of July and into August. Kyle’s Pick cherries showcase the best varieties and largest size fruits that are full of dessert flavors.
The second item in the Kyle’s Pick program series, Half Mile Closer to the Moon cherries, begins in mid-August when Stemilt cherries come from high-elevation orchards – like Mathison’s Amigos Orchards in Wenatchee, WA. Grown between 2,500 and 3,200 feet above sea level these cherries are literally cultivated a half mile closer to the moon. Stemilt’s cherry season is off and running in Washington state. With a range of merchandising support to increase impulse purchases, cherries are sure to delight shoppers throughout the summer season.
Thank you for watching What's In Store.
SANTA MARIA, CA – Kalettes, a new kale and brussels sprout hybrid developed by Tozer Seeds, are coming to stores soon. Its flavor is a fusion of sweet and nutty, combining the best traits of its parent vegetables.
Kalettes are not genetically modified and were developed by cross-pollination, according to a press release. Tozer developed the kale-brussels sprout hybrid after more than a decade of research and is working with several cooperators to grow and market Kalettes.
“We started selling seed in the U.S. in 2012 and quickly realized that this new vegetable was going to be a huge hit with consumers due to the popularity of both vegetables,” stated Kraig Kuykendall, sales manager of Tozer Seeds, U.S. “The idea behind gathering cooperators to market under the Kalettes brand was to give consumers a consistent name and brand identity to look for in the produce department.”
Plans for the U.S. launch include consumer media engagement and a strong social media presence. The Kalettes website includes recipes and high quality photography, which will be expanded through the summer.