By Ryan Patch
Final Step in Public Rulemaking Process Ongoing Since October, 2015
On September 14, 2016, the Vermont Agency of Agriculture, Food and Markets filed the Required Agricultural Practices (RAP) Final Proposed Rule with the Legislative Committee on Administrative Rules (LCAR) and the Vermont Secretary of State’s office. This filing represents the final step in the public rulemaking process the Agency has been engaged in since October of 2015.
“Throughout this process, we have been deeply committed to transparency and collaboration with our stakeholders,” said Chuck Ross, Secretary of Agriculture. “I cannot stress enough my appreciation for the farming community and their positive engagement in this process to date; their willingness to come to the table and discuss the specifics of the rule over the many different drafts has helped us as an Agency develop a rule which strikes the balance between meeting stringent water quality standards and the realities of farming in Vermont.”
The Required Agricultural Practices Rules and supporting documents have been developed over the past year in conformance with the requirements of Act 64, signed into law in June of 2015. The Agency has held 89 meetings with the public and the regulated community since October of 2015 to discuss the rule in detail; 83 of those meetings were held by the Agency in advance of the formal process and were not required by law. These meetings were held as the Agency provided two drafts of a proposed rule prior to the formal rulemaking process and a third draft (the proposed rule) filed with the Secretary of State in May of 2016.
Over 2,100 individuals have attended meetings regarding the rule over the course of the pre-rulemaking and formal rulemaking process. The Agency has attempted to engage with the public and the regulated community regarding the requirements of this rule and has sought to be responsive to comments provided over the past year. Substantial changes were made to the first two drafts of the rule prior to the formal rulemaking process. The final proposed rule filed with LCAR on Wednesday has also been changed to reflect comments received during the formal comment period.
Over five hundred written comments and testimony were received by the Agency during the formal comment period and six public hearings which ran from May 13, 2016 to July 7, 2016. Areas of the rule that received the greatest amount of comment were those that specified what types of farms would be required to self-certify and what entities would be subject to the rule in general (Section 3; 361 comments), buffer requirements (Section 6; 466 comments), and the requirements for livestock exclusion from surface waters (Section 7; 376 comments). The Agency directs reviewers of the rule to the Responsiveness Summary for more detail regarding these comments and the Agency’s responses to them.
“The Agency has spent countless hours reviewing and considering all of the comments received about the rule in an effort to balance the needs of a highly diverse and thriving agricultural community, the requirements of Act 64, and the demands of the public at large for improvements to the State’s water quality,” said Jim Leland, Director of the Ag Resource Management Division. “The Agency firmly believes that the resulting rule strikes that balance.”
To view the RAP Final Proposed Rule and all supporting filing documents, please visit the Agency’s RAP webpage at: http://agriculture.vermont.gov/water-quality/regulations/rap
By Reg Godin
This Friday marks the 100th anniversary of the “Big E” Fair at Eastern States Exposition in West Springfield, MA. This milestone fair, which runs from September 16th through October 2nd 2016 will be the largest celebration of New England agriculture in history. The Vermont Building on the Avenue of States will once again be a main attraction for over 1 million fairgoers who return year after year to eat, drink & shop the best Vermont has to offer. This year’s special events include Vermont Day, held on Saturday, September 24th, attended by Agency of Agriculture Deputy Secretary Jolinda LaClair, Vermont Legislators, and building trustees, and Harvest New England Day, held on Friday, September 30th, attended by Governor Shumlin and featuring 10 additional guest Vermont businesses on exhibit.
“I am excited to be visiting the Vermont Building at Eastern States Exposition this year. One hundred years is a major milestone for the Big E,” said Vermont Gov. Peter Shumlin. “Not only does the Big E represent an opportunity for Vermont businesses to build great relationships with out-of-state consumers, it also helps to strengthen the Vermont brand, increasingly known around the world for quality and authenticity.”
A popular fair attraction, the Avenue of States is lined with smaller-scale replicas of the six original New England State Houses. Each building features vendors and exhibitors exemplifying the heritage, food, traditions, and products from their respective state. The Vermont building, which is owned and maintained by the state of Vermont and managed by the Vermont Agency of Agriculture, Food & Markets (VAAFM) will showcase over 40 vendors & exhibitors sampling and selling Vermont made foods, drinks and wares, including: maple, ice cream, beer, cheeses, meats, jewelry, clothing, furniture & wood products, prepared foods, and much, much more. Vermont musicians will entertain visitors on the front lawn, while, the Vermont Department of Tourism and Marketing (VDTM) promotes Vermont attractions, events and recreational opportunities to our southerly neighbors. Click HERE to watch the Vermont Building Big E video!
“The Vermont building offers a unique opportunity for Vermont’s businesses to showcase the range of high quality products and innovation emerging from Vermont’s working landscape to over a million New England consumers,” said Secretary of Agriculture, Chuck Ross. “We have made some exciting improvements to our building this year, including a brand new cider tasting room that will enhance ‘The Vermont Building Experience’ for visitors and vendors alike.”
The Vermont Building has been a significant economic engine for participating vendors, completing over $10 million in total sales with gross sales growing over 30% since 2010. To accommodate growth and increasing interest from vendors and fairgoers, VAAFM has made significant investments in the building and vending spaces over the last two years. A new building was constructed on the back lawn adding five new vendor spaces, and, for the first time this year, the Vermont Building will feature a cider tasting room where visitors can enjoy Vermont cider from Champlain Orchards and Hall Home Place throughout the 17-day fair.
The Vermont Building showcases some of Vermont’s finest products, brands and organizations from across the state. The 2016 exhibitors are as follows:
- Agricola Farm, Panton^
- American Flatbread Company, Waitsfield
- Bear's Den Carving, Towshend
- Ben & Jerry's, Waterbury
- Bruce Baker Studio, Middlebury
- Champlain Orchards, Shoreham*
- Cold Hollow Cider Mill, Waterbury Center
- Danforth Pewterers, Middlebury
- Gringo Jacks, Manchester
- Hall Home Place, Isle La Motte
- Halladays Harvest Barn, Bellows Falls
- Hempfully Green Healing House, Putney^
- Joe’s Kitchen at Screaming Ridge Farm, Montpelier*^
- Johnson Woolen Mills, Johnson
- Long Trail Brewing Company, Inc, Bridgewater Corners
- Mother Myrick's Confectionary, Manchester Center
- Rockledge Farm Woodworks, Reading*^
- Sap! Maple Beverages, Burlington^
- Seedsheet, Middlebury^
- Sweet Crunch Bake Shop, Hyde Park^
- The Village Peddler, East Arlington
- Vermont Bee Balm, Craftsbury
- Vermont Cedar Chair Co., Hardwick
- Vermont Cheese (J & P Bonita Enterprises), Berlin
- Vermont Clothing Company, St Albans
- Vermont Cookie Love, North Ferrisburgh
- Vermont Flannel Company, East Barre
- Vermont Hand Crafters, Williston
- Vermont Maple Sugar Makers Assoc., Statewide*
- Vermont Peanut Butter Co., Morrisville
- Vermont Morgan Horse, Westford
- Vermont Prime Emu, Brandon
- Vermont Smoke & Cure, Hinesburg
- Vermont State Police, Statewide
- Willow Bend Publishing, Goshen
*Working Lands Enterprise Initiative Grantees
^First time exhibitors in 2016
About the “Big E”
The Eastern States Exposition, home of the “Big E”, was founded by Joshua L. Brooks in 1916 when he convinced the National Dairy Show to hold its annual event on the grounds in West Springfield, Massachusetts. In 1917, the first Eastern States Exposition took place. Brooks’ desire was to bring together all six New England states in one location to share ideas and improve regional agriculture. Learn more about the “Big E” here: http://www.thebige.com/
About The Vermont Building
The Vermont Building was built in 1926 at a cost of $60,500, and it is owned by the State of Vermont, along with the land it sits on. Management of the Vermont Building is a team effort among three state agencies: Agriculture, Food and Markets; Buildings and General Services; and Commerce and Community Development. Learn more about the Vermont Building at the “Big E” here: http://agriculture.vermont.gov/news_media/big_e
See you at the “Big E”!
By Philip Jones, Vermont Department of Labor
There are many reasons to work safely on your farm: to keep your family and employees safe and healthy, to ensure an efficient and productive operation, to keep your workers’ compensation rates as low as possible, and to comply with Vermont Occupational Safety and Health Administration (VOSHA).
In 2015, VOSHA adopted the federal OSHA agricultural standards (29 CFR 1928). These standards establish minimum safety and health requirements for agricultural operations. Although the VOSHA rules apply to any employer-employee relationship in Vermont, a federal appropriations rider prohibits VOSHA from enforcing the standards on Vermont farms that have fewer than 10 employees (immediate family members are not counted as employees). So, although the standards apply to all and ought to be followed, VOSHA will not conduct inspections on VT farm operations where it is demonstrated that there are fewer than 10 employees.
There are 10 standards that apply to agricultural operations: 3 (roll over protective structures, guarding and field sanitation) are specific to the agricultural industry and 7 (temporary labor camps, anhydrous ammonia, logging, slow moving vehicle, hazard communication, DOT markings, and cadmium) are identical to the general industry standards and apply to both general industry and agriculture. These general standards can be found in 29 CFR 1910. In addition to these standards, if VOSHA investigates an accident at an agricultural operation and none of the 10 standards applies to the event, it could apply the general duty clause. Section 5(a) (1) of the Occupational Safety and Health Act states that “[e]ach employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."
The Roll-Over Protective Structure (or ROPS) standard (1928.51) requires all agricultural tractors over 20 horsepower, and manufactured after October 25, 1976, to have ROPS that meet the specific requirements listed in the standard. Seatbelts and their use are also required by the standard. ROPS may be removed, or lowered, on low profile tractors only while used in orchards, vineyards and hop yards, as well as inside buildings or greenhouses if there is insufficient vertical clearance. For most tractors manufactured with cabs, the cab is constructed to meet the requirement of the ROPS standard. Appendix A of 1928.53 has specific instructions for operating tractors that must be conveyed to employees operating a tractor.
Safety for Agricultural Equipment (1928.57) requires farm field equipment manufactured after October 25, 1976 to have guards or shields to protect employees from coming into contact with moving machinery parts. A common shield is the master shield which guards the PTO shaft coming out of the tractor. Employers are required to instruct employees initially, and then annually, on the following safe operating practices: keep all guards in place; no riders; stop engine disconnect power source and wait for all machine movement to stop before servicing adjusting, cleaning, or unclogging equipment; and make sure everyone is clear of machinery before starting.
Field sanitation -1928.110- applies when there are 11 or more employees engaged, on any given day, in hand-labor operations in the field. This standard sets specific requirements for potable water, hand washing facilities, and toilet facilities. For example, 1 hand washing and 1 toilet facility must be available for each 20 employees and be within ¼ mile walking distance of the field being worked in.
The Department of Agriculture has announced primary agricultural disaster designations for counties in New Hampshire. Under this disaster designation, contiguous counties in the State of Vermont are also available for benefits. The list of counties is in the letter below sent to the State of New Hampshire.
The Honorable Maggie Hassan
State of New Hampshire
Concord, New Hampshire 03301
Dear Governor Hassan:
USDA United States - Department of Agriculture Office of the Secretary Washington, D.C. 20250 This is an additional response to your letter of May 13, 2016, requesting a disaster designation for New Hampshire counties that suffered losses due to freeze and unseasonably warm temperatures that occurred from February 1 through April30, 2016. Those counties are:
Belknap Cheshire Grafton Hillsborough
Merrimack Rockingham Strafford Sullivan
On June 16, 2016, I informed you that the U.S. Department of Agriculture (USDA) was unable to make a complete and accurate determination of production losses for the current crop year. Therefore, a decision to designate those counties as primary natural disaster areas was deferred. On August 4, 2016, the New Hampshire State Farm Service Agency (FSA) Office notified the National Office that all Loss Assessment Reports were complete.
USDA reviewed the Loss Assessment Reports and determined that there were sufficient production losses to warrant a Secretarial natural disaster designation. Therefore, I am designating all eight New Hampshire counties named above as primary natural disaster areas.
In accordance with section 321(a) of the Consolidated Farm and Rural Development Act, Carroll and Coos Counties, New Hampshire, are named as contiguous disaster counties.
In addition, in accordance with section 321(a) of the Consolidated Farm and Rural Development Act, counties in adjacent states are named as contiguous disaster areas. Those states, counties, and numbers are:
Contiguous Counties in Adjacent States:
Maine (1) 1. York
Massachusetts (4) 1. Essex 2. Franklin 3. Middlesex 4. Worcester
Vermont (5) 1. Caledonia 2. Orange 3. Windsor 4. Essex 5. Windham
A Secretarial disaster designation makes farm operators in primary counties and those counties contiguous to such primary counties eligible to be considered for certain assistance from FSA, provided eligibility requirements are met. This assistance includes FSA emergency loans. Farmers in eligible counties have 8 months from the date of a Secretarial disaster declaration to apply for emergency loans. FSA considers each emergency loan application on its own merits, taking into account the extent of production losses on the farm, and the security and repayment ability of the operator.
Local FSA offices can provide affected farmers with further information.
Sincerely,Thomas J. Vilsack
Review the USDA Emergency Loan Program Fact Sheet below or download PDF:
By Ally Piper, A. Piper Creative & Hannah Reid, VAAFM
Registration is now open for the Vermont Farm to School Conference taking place November 2-3 at Lake Morey Resort in Fairlee. The Vermont Agency of Agriculture, Food & Markets (VAAFM) and Vermont FEED in partnership with the VT Farm to School Network will be orchestrating this exciting two-day event designed to “Grow the Movement” by gathering all members of the Vermont Farm to School community to share knowledge, ideas, and inspiration. For more information and to register visit: www.vermontfarmtoschoolconference.org
Wednesday evening’s dinner celebration will include a creative and delicious menu of local foods including dishes prepared using Vermont grown beans! Betti Wiggins, Executive Director, Detroit Public Schools Office of School Nutrition, a 25+ year school nutrition veteran will present “How F2S Made Me a Triple A Threat” that evening.
The conference is one of 74 projects spanning 39 states receiving support this year through the U.S. Department of Agriculture’s (USDA) Farm to School Program, an effort to better connect school cafeterias and students with local farmers and ranchers.
“Farm to school programs work—for schools, for producers, and for communities,” said U.S. Department of Agriculture’s Secretary Vilsack. “By serving nutritious and locally grown foods, engaging students in hands-on lessons, and involving parents and community members, these programs provide children with a holistic experience that sets them up for a lifetime of healthy eating. With results from our Farm to School Census indicating schools across the nation invested $785million in local products, farm to school also provides a significant and reliable market for local farmers and ranchers.”
Studies have revealed a wealth of benefits from Farm to School activities. Most notably, students are choosing healthier food options both at school and at home and have a new appreciation and understanding of our agriculture system. Local farmers benefit from the increased demand for their product, thus enriching the local economy and reducing the carbon footprint of food transportation.
“Farm to School programs are a vital tool we can use to promote agricultural literacy in schools so that, from an early age, students understand the value of nutrition, develop healthy eating habits, and appreciate where their food comes from,” said Vermont Secretary of Agriculture, Chuck Ross. “This state-wide conference is an exciting opportunity for all members of Vermont’s Farm to School network to put our heads together and find new, innovative ways to foster healthier and more resilient children, communities, and farms throughout Vermont via Farm to School connections."
“Vermont is a leader in the national Farm to School movement with innovative programs across the state supporting youth to eat healthier and to connect with where their food comes from,” said Betsy Rosenbluth, Project Director of Vermont VEED. “We are working towards healthier kids, more viable farms and stronger community connections. The conference is a chance to share our best practices and to spread farm to school to every VT community.”
Registration rates will increase October 8. To register and receive early rates, visit www.vermontfarmtoschoolconference.org