COURT REFUSES TO DISMISS POULTRY FARMER’S SUIT AGAINST EPA

On April 22 a federal court rejected efforts by the Environmental Protection Agency (EPA) to dismiss a case brought by West Virginia poultry farmer Lois Alt, according to the American Farm Bureau Federation.

Alt had challenged an EPA order demanding that she obtain a Clean Water Act discharge permit for ordinary stormwater runoff from her farmyard. Despite EPA’s recent withdrawal of the Alt order, the U.S. District Court for the Northern District of West Virginia ruled that the case should go forward to clarify for the benefit of Alt and other farmers whether, as EPA contends, discharge permits are required for “ordinary precipitation runoff from a typical farmyard.”

“EPA seems to have believed if it withdrew the order against Ms. Alt, the court would dismiss her lawsuit,” said American Farm Bureau Federation President Bob Stallman. “The tactic failed because the court recognized EPA wasn’t changing its underlying legal position, but just trying to avoid having to defend that position.”

Alt filed suit against EPA in June 2012 after the agency threatened her with $37,500 in fines each time stormwater came into contact with dust, feathers or small amounts of manure on the ground outside of her poultry houses as a result of normal farm operations. EPA also threatened separate fines of $37,500 per day if Alt failed to apply for a National Pollutant Discharge Elimination System (NPDES) permit for such stormwater discharges.

Alt responded with a lawsuit challenging the EPA order. AFBF and the West Virginia Farm Bureau intervened as co-plaintiffs with Alt to help resolve the issue for the benefit of other poultry and livestock farmers. EPA withdrew its order in December 2012, about six weeks before briefing on the legal issues was set to begin. Five environmental groups, including Waterkeeper Alliance, Center for Food Safety and Food & Water Watch, have joined the lawsuit on the side of EPA.

In opposing EPA’s motion to dismiss, Alt and Farm Bureau argued that farmers remain vulnerable to similar EPA orders, because EPA stands by its contention that the Clean Water Act statutory exemption for “agricultural stormwater” does not apply to stormwater from the farmyard at a concentrated animal feeding operation. The court agreed, noting that “this Court’s ultimate decision on the merits will benefit all parties, including EPA and many thousands of farmers, by clarifying the extent of federal CWA ‘discharge’ liability and permit requirements for ordinary precipitation runoff from a typical farmyard.” In addition to denying EPA’s motion to dismiss, the court allowed the environmental groups to intervene and ordered briefing on the Alt and Farm Bureau claims to begin by June 1.

May 1, 2013 www.gfb.org Vol. 31 No. 18

Leadership Alert page 2 of 7 EGG PRODUCTION STANDARDS BILLS INTRODUCED IN CONGRESS

Bills have been introduced in both the U.S. House and Senate to establish national standards for housing and treatment of egg-laying hens.

On April 25, Sen. Dianne Feinstein (D-Calif.) introduced S. 820, informally titled the Egg Products Inspection Act Amendments of 2013. Companion legislation was introduced in the House by Rep. Kurt Schrader (D-Ore.) the same day. Feinstein introduced similar legislation in 2012.

Senate Agriculture Committee Chair Debbie Stabenow (D-Mich.) is one of two cosponsors of S. 820, which was referred to the Senate Ag Committee.

Georgia Farm Bureau policy is to oppose any laws which would mandate specific farming practices in livestock or poultry production.

“We find it troubling that Chairman Stabenow is a cosponsor on this legislation considering how close we are to farm bill markup,”said GFB Legislative Director Jon Huffmaster. Formal markup of the farm bill in the Senate Ag Committee is expected in early May.

According to a press release from Feinstein, the bill is a product of the 2011 agreement between the Humane Society of the United States and United Egg Producers. Among other measures, the bill would require egg producers to increase cage size for egg-laying hens to an area sufficient to allow birds to stand up and extend their wings. The legislation mandates that all egg-laying hens be provided with enriched housing, and it would require labeling on egg cartons noting production methods used. California egg producers must meet this requirement by 2015 under that state’s Proposition 2. Under S. 820, producers in other states would have to meet the standard by 2029.

SEMINOLE COUNTY FARM BUREAU PRESIDENT SCARBOROUGH DIES

Marijane Scarborough, who had served as Seminole County Farm Bureau since 1985 died on April 27. She was 73.

Scarborough, a retired farmer who produced peanuts, corn, soybeans and cattle, received an associate degree from Abraham Baldwin Agricultural College. Scarborough was a member of First Baptist Church and the Donalsonville Garden Club. She also served on the NRCS Soil and Water Board and the Georgia Farm Service Agency Board.

“We are deeply saddened to learn of Marijane’s death,” said Georgia Farm Bureau President Zippy Duvall. “Her service as a county president and work in the community will be sorely missed. Our thoughts and prayers go out to her family.”

Survivors include her husband, Ed Scarborough of Iron City; her son Mark Spooner and wife, Lisa, of Donalsonville; daughters Ellen Spooner King and husband, Ed, of Brinson; Lisa Joy Spooner Conoly and husband, Mike, of Iron City; Melissa Spooner Brock and

husband, Dee, of Bainbridge; and Stacy Scarborough Sauls and husband, Brian, of Villa Rica; sisters Merle Lane Davis of Blakely; Joy A. Lane of Iron City, and Laura Pearce Easom of Jakin and numerous grandchildren, nieces and nephews. Scarborough was preceded in death by her first husband, Marcus Ray Spooner; her grandson, Buck Spooner; and her brothers, Clay Lane Jr., Billy Lane, and Dave Lane.

Memorial donations may be made to Marcus Ray Spooner Trust Fund, First Baptist Church, P.O. Box 81, Donalsonville, GA 39845.

Leadership Alert page 3 of 7 DEAL SIGNS BILL TO CREATE GEORGIA GROWN COMMISSION

During an April 18 ceremony at the Georgia Sheriffs’ Association Annual Law Enforcement Appreciation Dinner in Glennville, Gov. Nathan Deal signed into law a bill that creates the Agricultural Commodity Commission for Georgia Grown Products.

The bill, HB 298, calls for funding to come from those producers and agribusinesses who voluntarily choose to utilize the Georgia Grown trademark. “Agriculture is Georgia’s No. 1 industry, and as governor I want to see that the farmers and producers of our state have every opportunity to succeed,” said Deal. “This commission will assist in raising awareness to local and national retailers of the high-quality product that we produce right here at home.”

Agriculture Commissioner Gary Black praised the legislation. “Creating a Georgia Grown commodity commission will not only allow an avenue for

agribusinesses to connect with one another to promote Georgia Grown products, but it will also provide consumers a better understanding of the agribusiness industry, its impact on everyday life and the opportunities it affords in terms of future employment and investment,” Black said. “I want to thank Governor Deal for signing and the General Assembly for passing this important piece of legislation that will benefit Georgia agriculture for years to come.”

HB 298 also makes changes to the Georgia Cotton Commission by increasing producer members of the commission from five to seven.

All of Georgia’s commodity commissions are producer-funded and reimburse the state for any costs. Each Agriculture Commodity Commission may only use its funds to educate, promote and do research for its respective commodity.

HOUSE SUBCOMMITTEE EXAMINES SPECIALTY CROP PROGRAMS

On April 24, the House Agriculture Committee’s Subcommittee on Horticulture, Research, Biotechnology and Foreign Agriculture held a public hearing to examine specialty crop priorities for the 2013 Farm Bill. The subcommittee is chaired by Rep. Austin Scott (R-8th District).

The subcommittee heard from growers and representatives of the specialty crop community on the effectiveness of the current programs within the Subcommittee’s jurisdiction. Among the witnesses was Tift County farmer Bill Brim, president and co-owner of Lewis Taylor Farms.

Brim encouraged the use of the 2012 farm bill passed by the House Ag Committee as a starting point for crafting the 2013 farm bill, noting that it continued investments in specialty crop producers by recognizing their needs and priorities. In particular, he praised the Specialty Crop Block Grant Program authorized by the 2008 farm bill, saying it helped increase sales while facilitating valuable research.

“The block grant program was designed to address grower needs at the state level,” Brim said. “In Georgia these funds have been very successfully utilized to help specialty crop producers improve their operations and be more competitive and profitable.”

Last summer, the House Agriculture Committee approved a farm bill, H.R. 6083, the Federal Agriculture, Reform, and Risk Management Act (FARRM). The bill was not brought to the full House for a vote. The FARRM Act achieved $35 billion in savings to reduce the federal deficit, while expanding popular and successful programs that recognize the diversity of U.S. specialty crops, including fruits, vegetables, nuts, horticulture, and nursery crops.

Leadership Alert page 4 of 7 BURN BAN IN EFFECT FOR 54 GEORGIA COUNTIES A ban on outdoor burning will begin on May 1 in 54 Georgia counties, primarily in the northern half of the state. This annual restriction is required by the state Environmental Protection Division to enhance air quality during the summer months when high ozone levels can negatively impact people's health. The burn ban will be in effect from May 1 through September 30 and affects the following counties: Banks, Barrow, Bartow, Bibb, Butts, Carroll, Catoosa, Chattooga, Cherokee, Clarke, Clayton, Cobb, Columbia, Coweta, Crawford, Dawson, DeKalb, Douglas, Fayette, Floyd, Forsyth, Fulton, Gordon, Gwinnett, Hall, Haralson, Heard, Henry, Houston, Jackson, Jasper, Jones, Lamar, Lumpkin, Madison, Meriwether, Monroe, Morgan, Newton, Oconee, Paulding, Peach, Pickens, Pike, Polk, Putnam, Richmond, Rockdale, Spalding, Troup, Twiggs, Upson, Walker and Walton. Residents in other parts of Georgia that are not included in the annual burn ban will continue to be required to secure a burn permit from the Georgia Forestry Commission before conducting any outside burning. Permits can be requested online at http://GaTrees.org, or by calling the local office of the GFC. MONROE COUNTY HERD SALE May 4 Sleepy Creek Farm 12:30 p.m. Forsyth This sale will feature 75 bred heifers. Data available on the heifers includes A.I. breeding and sire EPD’s, pelvic area, frame score, disposition score, weight per day of age and average daily gain. All heifers will sell confirmed safe in calf to calving ease Angus bulls. For more information contact the Monroe County Extension office by phone at 478-994-7014 or by email at uge2207@uga.edu. Information about the sale may also be found online at http://www.caes.uga.edu/extension/monroe/HERDProgram/herd.html. MAY 10 IS DEADLINE FOR GFB YOUNG FARMER AWARDS GFB is accepting applications for the Young Farmer Achievement Award and the new Young Farmer Excellence in Agriculture Award through May 10. GFB members between the ages of 18-35 may apply for these awards. The Achievement Award will recognize an outstanding young farmer or couple whose primary income is derived from farming. The Excellence in Agriculture Award will recognize an outstanding individual whose primary income is not derived from farming. Extension agents, FFA advisors and ag lenders are examples of individuals who may apply for this award. Applications are available at county Farm Bureau offices. Three finalists will be named for each contest at the GFB Young Farmer Leadership Conference on Jekyll Island July 12-14. The state winner of each award will be announced during the GFB convention in December. Both state winners will receive an expense-paid trip to San Antonio, Texas, to compete at the AFBF Convention next January. ARTIFICIAL INSEMINATION SCHOOL May 20-22 Calhoun Stockyards Calhoun This comprehensive three-day course includes 14 hours of classroom instruction and 10 hours of lab work with cattle, offering students the opportunity to learn artificial insemination techniques and herd management under skilled supervision. Sessions run from 8:30 a.m. to 4:30 p.m. Curriculum includes anatomy and reproduction, fertility, heat detection, nutrition, genetics and sire selection and more. Registration is $350 for adults and $300 for college and high school students, which covers the cost of supplies and practice cows. Discounts are available for multiple members of the same family. The program is limited to 15 students. Registration and fees are due by May 10. For more information contact Allen Southard at 678-617-2945 or Chris Franklin at 706-263-2008 or chris@feonow.com.

Leadership Alert page 5 of 7 GEORGIA OLIVE PRODUCERS ANNUAL MEETING AND CONFERENCE May 10 The Threatte Center 8:30 a.m. – 4 p.m. Lakeland This meeting will provide a wide range of informations to growers, potential new growers, researchers, developers support industries and government agencies working in the expansion of the olive oil industry in Georgia and the Southeastern U.S. Kimberly Holding of the American Olive Oil Producers Associaion will give the keynote address, and legislative updates will be provided by Paul Miller of the Australian Olive Association and Jason Shaw of Georgia Olive farms. Registration is $50 for members and $100 for non-members. For more information contact Vicki Hughes at 229-300-9931 or georgiaolivegrowers@gmail.com. To register, visit http://georgiaolivegrowers.com/?page_id=428. GEORGIA MILK PRODUCERS HOLDING REFERENDUM UNTIL MAY 14 Georgia dairy producers have until May 14 to cast their ballots in the reaffirmation referendum currently underway for the Georgia Milk Producers (GMP), Inc. Ballots were mailed to producers on April 15. Every three years, GMP must hold a producer referendum as required by the Georgia Commodities Promotion Act. In order for GMP to continue, at least two-thirds majority (67%) of the Georgia dairymen voting must vote in favor of continuing the organization. GMP is funded through a one-cent per hundredweight assessment on all milk produced in Georgia. The assessment funds programs of education, promotion and communication. GMP activities include educational seminars for producers, promotional exhibits at public events and the Mobile Dairy Classroom. Producers who have not received a ballot by April 25 should contact the GMP office at 706-310-0020. WARBINGTON FARMS STRAWBERRY FESTIVAL Through May 18 Warbington Farms Cumming This series of fun-filled farm weekends features live music, inflatables, hayrides, a petting zoo and of course, those wonderful strawberries! Saturday hours are 11 a.m. to 6 p.m. and Sunday hours are 1 p.m. to 6 p.m. Weekend admission is $8 for children and $5 for adults. For more information, visit http://www.warbingtonfarms.com or call 770-380-2920. GEORGIA GROWN FARMER SHOWCASE May 18 Macon Farmers Market 8 a.m.-4 p.m. Macon June 1 Atlanta State Farmers Market 9 a.m. - noon Forest Park June 8 Park Market, Centennial Olympic Park 9 a.m. - noon Atlanta June 22 Park Market, Centennial Olympic Park 9 a.m. - noon Atlanta June 29 Savannah State Farmers Market 9 a.m. - noon Savannah July 13 Park Market, Centennial Olympic Park 9 a.m. - noon Atlanta July 27 Park Market, Centennial Olympic Park 9 a.m. - noon Atlanta Aug. 10 Park Market, Centennial Olympic Park 9 a.m. - noon Atlanta Aug. 24 Park Market, Centennial Olympic Park 9 a.m. - noon Atlanta Sept. 14 Park Market, Centennial Olympic Park 9 a.m. - noon Atlanta Sept. 28 Park Market, Centennial Olympic Park 9 a.m. - noon Atlanta This family-friendly series features dozens of vendors from around the state, offering locally grown fresh Georgia produce and plant sales, meet and greets with local farmers and much more. For more information, visit http://www.georgiagrown.com or call 404-656-3689.

Leadership Alert page 6 of 7 SMALL RUMINANT PARASITE CONTROL CONFERENCE May 20-22 Pettigrew Center, Fort Valley State University Fort Valley This “train the trainer” symposium for parasite management will educate stakeholders in the small ruminant industry on the most up-to-date methods and recommendations for parasite control. Training and certification will also be provided in integrated parasite management in small ruminants, including sheep, goats, alpacas, llamas and others. Full registration is $300. Registration for one day of the conference $150. For more information or to register, visit http://www.fvsu.edu/acsrpc_registration. USDA TO ACCEPT CRP APPLICATIONS MAY 20 – JUNE 14 The USDA will conduct a four-week general sign-up for the Conservation Reserve Program (CRP), beginning May 20 and ending on June 14. CRP is a voluntary program available to agricultural producers to help them safeguard environmentally sensitive land. Producers enrolled in CRP plant long-term, resource-conserving covers to improve the quality of water, control soil erosion and enhance wildlife habitat. Contracts on 3.3 million acres of CRP are set to expire on Sept. 30. Producers with expiring contracts or producers with environmentally sensitive land are encouraged to evaluate their options under CRP. Producers that are accepted in the sign-up can receive cost-share assistance to plant long-term, resource-conserving covers and receive an annual rental payment for the length of the contract (10-15 years). Continuous sign-up dates will be announced at a later date. For more information on CRP and other FSA programs, visit a local FSA service center or http://www.fsa.usda.gov. CALHOUN BEEF CATTLE REPRODUCTIVE MANAGEMENT WORKSHOP May 28 UGA NW GA Research & Education Center Calhoun Workshop begins at 6 p.m. in the livestock pavilion of the Northwest Georgia Research and Education Center. For more information contact Phil Worley at 706-624-1398 or by emailing pworley@uga.edu. GA HEIFER EVALUATION & REPRODUCTIVE DEVELOPMENT (HERD) SALE May 29 UGA NW GA Research & Education Center Calhoun Sale begins at 12:30 p.m. in the livestock pavilion of the Northwest Georgia Research and Education Center. For more information contact Phil Worley at 706-624-1398 or by emailing pworley@uga.edu. PROPERTY TAX & TAX APPEAL WORKSHOPS May 30 Gainesville First Baptist Church 8:15 a.m. - 1:45 a.m. Gainesville June 4 UGA Campus Conference Center 8:15 a.m. - 1:45 p.m. Tifton These workshops will provide Georgia’s forestry community with knowledge about the property tax process and tax appeal process. These seminars will address a summary of issues associated with property taxation of timberland in Georgia, potential solutions, and real life case studies on how to approach appeals. Workshop presenters will teach landowners what to expect when challenging tax appraisals and how to deal with the assessors when they feel they have been wronged. Cost for attendance is $65 per attendee and $35 for the second person in the same family. A $10 late fee will be assessed on all registrations received after May 15. Each workshop is limited to the first 150 registrants. For more information on the workshop location, speakers and agenda, call the Georgia Forestry Association at 478-992-8110, email info@gfagrow.org or visit www.gfagrow.org/ taxworkshops

Leadership Alert page 7 of 7 MAY 31 IS DEADLINE TO ENTER YF DISCUSSION MEET May 31 is the deadline to enter the 2013 GFB Young Farmer Discussion Meet. The state discussion meet winner will receive an Arctic Cat 500 ATV, $500 and an expense-paid trip to the 2014 AFBF Convention in San Antonio, Texas, to compete for national honors. The three finalists will each receive $350. The AFBF winner will receive a 2014 Chevrolet or GMC pickup truck. Visit your local Farm Bureau office for more details about the contest. The preliminary rounds of the 2013 GFB YF Discussion Meet will be held during the GFB Young Farmer Leadership Conference on Jekyll Island July 12-14. The four finalists will compete for the state title at the GFB Convention Dec. 8.  2013 GFB YOUNG FARMER LEADERSHIP CONFERENCE July 11-14 Jekyll Island Convention Center Jekyll Island This family-friendly event will provide educational, networking and social opportunities for young farmers. The preliminary rounds of the 2013 Young Farmer Discussion Meet, in which contestants compete for a variety of great prizes, will be held during the conference, which also features breakout sessions on a variety of topics. Registration deadline is May 31. For more information, contact GFB Young Farmer Coordinator Jed Evans at 478-474-0679, ext. 5230 or jcevans@gfb.org. CAES ALUMNI ASSOCIATION ACCEPTING SCHOLARSHIP APPLICATIONS June 1 Deadline to apply for Transfer Scholarship The UGA College of Agricultural & Environmental Sciences Alumni Association is accepting applications for its Transfer Scholarship for students considering transferring into a CAES program in fall 2013. For more information or to download the application form, visit http://www.caes.uga.edu/alumni/CAA/scholarships.html.