Arkansas Agriculture, Fall 2020 Issue

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FALL 2020

A Meaty Issue:

The Need for State Inspection Plus:

Mass Timber Tappe Talks Retirement


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FE ATURES A Year in Review Warren Carter | Page 3

Policy Update Special: Why Arkansas needs to return to state meat inspection Jessica Burkham | Page 6

A Move Toward Mass Timber Gregg Patterson | Page 14

Tappe Talks Retirement Ken Moore | Page 24

COLUMNS

Ag Law Update

Harrison Pittman | Page 32

COVER DESIGN by Bryan Pistole n

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FALL 2020

Edition 59


A YEAR IN REVIEW

Warren Carter ARFB EXECUTIVE VICE PRESIDENT

T

his year, as I wrote my “Helping Farmers, Helping You” columns for our other publication, Front Porch, I sometimes felt like Bill Murray in “Groundhog Day.” In some ways, it was as if I was writing the same article over and over again. I struggled not to overuse words like “challenging” and “difficult” and it was impossible not to mention the ongoing pandemic. Then, as I sat down to think about my fall column, I realized that, while 2020 has indeed been a stressful and trying year, it has also provided Arkansas farmers and ranchers and Arkansas Farm Bureau an opportunity to show our state and our country what we are capable of when the going gets rough. Arkansas growers rose to the occasion, farming and caring for their animals despite the virus, overcoming challenges in the supply chain to keep necessary food and fiber flowing onto store shelves and family dinner tables. The Arkansas Farm Bureau family, meanwhile, continued on our mission to support the state’s largest

industry and our rural communities, adjusting to changes and restrictions on our work environment and finding new ways to accomplish our goals, give back to the community and build for a better future. Here are some of the examples of the hard work, new approaches and outstanding accomplishments that marked 2020: • We continued to connect with our county offices and those in the fields through regular Zoom calls, emails, and other outreach and we stayed on top of policy development at the state and national levels, providing explanations of and assistance with new legislation and new programs. • In April, the Farm Bureau Insurance companies announced presented a $500,000 gift to the six foodbanks that cover the state of Arkansas, anchored by the Arkansas Foodbank. • The Arkansas Farm Bureau Women’s Leadership Committee and the Farm Bureau Foundation donated $100,000 to the Ronald McDonald House Charities of Arkansas to help offset projected shortfalls as a result of COVID-19. • We worked with Congressman Rick Crawford’s office, the University of Arkansas Division of Agriculture’s Research and Extension Service and others to help launch and promote Arkansas Farm Corps, a project aimed at addressing labor concerns in agriculture caused by restrictions on foreign workers due to COVID-19. This unique initiative is an attempt

“As we prepare to enter a new year, new challenges lie ahead and COVID remains an issue across the country, but we have no intention of slowing down. We’ve learned valuable lessons in 2020 and we know we can continue to make a difference, no matter what the circumstances.”

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to connect an available workforce of National Guard and Reserve soldiers, sailors, airmen, marines, and other military veterans to jobs in agriculture and it has now been copied in other states. We held our annual Officers & Leaders Conference “virtually,” for the first time in its 72-year history. Hundreds of viewers heard from our board leaders and Gov. Asa Hutchinson via live video stream and hundreds more visited the official Officers & Leaders website, which hosted more than 30 hours of informative video on a variety of important topics, such as feral hogs, H-2A employment and ballot initiatives. We continued our tradition of recognizing the top Young Farmers & Ranchers in the state, thanks to video submissions and a livestreamed awards announcement. Now, these talented and hard-working young men and women will represent Arkansas at the national level, even if the American Farm Bureau must hold its January convention virtually as well. The Arkansas Farm Bureau board of directors approved a commitment of $300,000 to Arkansas 4-H and FFA over the next five years to support the development of new facilities and the growth of the programs. We continued our effort to build up and prepare young farmers, ranchers and those involved in agriculture for leadership roles in the industry through our President’s Leadership Council, our premier training program. This was the fifth class of the President’s Leadership Council, and 18 participants took part in three Friday-Saturday sessions throughout the year. The class continued in spite of COVID-19, with the final two sessions being held virtually. We have also maintained our focus on

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agriculture education and outreach to schoolage children through Ag in the Classroom. During the pandemic, we’ve provided materials to teachers throughout Arkansas to use in online teaching and we once again named an Ag in the Classroom Outstanding Teacher. We also invested in more advanced technology for education, unveiling the new Ag Tech Training Lab – a state-of-the-art mobile teaching tool – to take to schools around the state. • Membership held steady, even growing in recent months as we continued our work to identify new, exciting and useful benefits for our members and to highlight the many ways our low annual membership fee supports important education efforts, community outreach and farmers and ranchers throughout the state. • We continued our grassroots policy development process despite the pandemic necessitating a shift of many meetings to virtual and the downsizing of other county activities. We successfully held our annual State Resolutions meeting, with social distancing and a limited crowd and now we are set to finalize our policy through our firstever virtual business meeting in lieu of our annual convention. As we prepare to enter a new year, new challenges lie ahead and COVID remains an issue across the country, but we have no intention of slowing down. We’ve learned valuable lessons in 2020 and we know we can continue to make a difference, no matter what the circumstances. At the risk of falling into that “Groundhog Day” trap, I’m going to close with a line from a previous column, because I believe it sums up where we stand no matter what year it is or what challenges we face: Food, fiber and shelter remain necessary, and Arkansas Farm Bureau remains committed to those who provide it. * 3


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PolicyUPDATE SPECIAL Why Arkansas Needs to Return to State Meat Inspection by Jessica Burkham

A

rkansas is an agricultural

state, and we are proud of this fact. The state’s economy is heavily dependent on production agriculture, with Arkansas ranking 10th in the nation in the value of animals and animal products. Specifically, these products contribute more than $5.6 billion to the state’s economy.

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While this means Arkansas families and families across the country can depend on abundant food products, the COVID-19 crisis has made it clear that it’s critically important to safeguard the food supply chain and create new opportunities for Arkansas livestock producers, processors and consumers. In November 2019, the Arkansas Farm Bureau Young Farmers & Ranchers (YF&R) Committee traveled to Washington, D.C. to meet with the Arkansas Congressional delegation and representatives of various federal agencies. These meetings facilitated important dialogue between Arkansas agriculture producers and lawmakers. During a meeting with Congressman French Hill, YF&R members Michael and Lauren Lee shared their family’s story about operating Flying C Ranch in Faulkner County and how they implemented a farm-to-table business model. At the time, the Lees shared they were already experiencing six- to nine-month wait times to harvest their cattle. The reason for this lengthy delay was there are only three processing facilities in the state from which product can be sold to the general public. Arkansas has more than 50 custom slaughter facilities, though retail products from these processors are not USDA-inspected and are therefore ineligible for sale to consumers. The Lees expressed their frustration about the lack of inspected facilities in Arkansas and the hurdles producers face to schedule animals and operate their business. Congressman Hill explained the limitations and challenges from the federal perspective because there are so few USDA-inspected plants in Arkansas. Understanding how other states operate a state meat inspection program, Arkansas Farm Bureau began utilizing its network and resources to address the issue at the state level. Immediately, ArFB outlined the requirements to establish a state meat inspection program in Arkansas. Since the state doesn’t operate a state meat and poultry inspection program, the USDA has inspection authority at processing plants. Custom slaughterhouses can only sell meat directly back to the producer/ individual who brought the animal to the facility and product from these facilities cannot enter commerce. With a state meat inspection program, Arkansas’ livestock producers would have the ability and flexibility to sell directly to consumers in the state of Arkansas, as well as expand sales to local restaurants, schools and other retailers, creating new supply chains and business opportunities. Currently, 27 states have established meat and poultry inspection programs. Known as Meat, Poultry and Egg Products Inspection (MPI), these programs operate under a cooperative agreement with USDA’s Food Safety and Inspection Service (FSIS). Under the cooperative agreement, a state’s program must enforce requirements “at least equal to” those imposed under the Federal Meat Inspection Act and the Poultry Products Inspection Act. In states with inspection programs, establishments have the option to apply for federal or state Arkansas Agriculture

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Cypress Valley Meat Company in Pottsville (top and center) is one of the recipients of an Arkansas Meat and Poultry Processing Grant to expand and enhance its operations. (Bottom) Students and members of the Centerpoint FFA work in the Centerpoint High School meat-processing lab, another grant recipient. continued on page 8>> 7


Farm Bureau policy states, “We support establishing a state meat and poultry inspection program for the retail sale of meat.”

<<continued from page 7

inspection. However, product under state inspection is limited to intrastate commerce – meaning product cannot cross the state line. Under the cooperative agreements, FSIS provides up to 50 percent of the state’s operating funds, as well as training and other assistance. Farm Bureau policy states, “We support establishing a state meat and poultry inspection program for the retail sale of meat.” In January of this year, Arkansas Farm Bureau leaders met with Arkansas Secretary of Agriculture Wes Ward to discuss how to reestablish a state meat inspection program under the Arkansas Department of Agriculture. The Secretary was extremely optimistic and helpful, offering ideas and providing administrative details. However, shortly after this meeting, the Coronavirus outbreak struck, upending the lives of many Arkansans overnight. During the spring, Arkansans witnessed shortfalls in the food supply system and, for a brief period of time, consumers experienced empty meat counters. This was not due to a lack of supply, but rather the impact of large meat packers addressing COVID-19 by slowing down line speeds or temporarily going offline. While the demand for locally processed meat escalated throughout the state, livestock producers were faced with severe challenges to

meet the increased demand for their products. During a Joint Agriculture Committee Hearing this summer, Lee, chairman of the Arkansas Farm Bureau Beef Commodity Division, testified, “Right now, I am forced to book cattle to be slaughtered through 2021 and into 2022. As a cattle producer, this is extremely frustrating because those calves have not even been born yet. How can I plan and manage my risk operating in such a fashion? A state meat inspection program will allow me to manage risk and safeguard the food supply for Arkansans.” Once again, ArFB worked with Sec. Ward to provide relief for livestock producers and custom processing facilities in the state. After noting other states – including North Dakota, Missouri and Oklahoma – designated CARES Act funds to provide processors with financial assistance through a grant program, ArFB joined Ward to develop a similar program in Arkansas. Specifically, ArFB drafted the first set of parameters and eligibility requirements for a grant program. By using CARES Act funds to create a grant program, the plan allowed processors to make necessary capital upgrades to comply with inspection requirements and increase production capacity in the state.

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Under the CARES Act, Arkansas was provided $1.25 billion to address COVID-related financial shortfalls. Through a coordinated effort, ArFB helped secure $5 million of CARES Act funding for the Arkansas Meat and Poultry Processing Grant program. The program generated 45 applications, requesting more than $30 million in funds. The number of applications and requested funds demonstrated the need to expand inspected packing capacity in the state. As a member of the review committee, ArFB was committed to ensuring taxpayer dollars were maximized by awarding funding to facilities located in livestock-dominated areas around the state. Moreover, these facilities submitted sound business plans to upgrade infrastructure to support the demand for locally produced protein. As a result of the interest, the Arkansas CARES Act Steering Committee and the General Assembly awarded an additional $5.4 million to the grant program, bringing the total funding available to $10.4 million. Overall, 31 facilities across the state received 85.9 percent of the amount requested and up to a cap of $500,000 per application. In terms of job creation, the applicants also anticipate utilizing 258 full-time positions and 75 parttime positions.

Most importantly, these grant funds will increase the livestock packing capacity in the state. According to USDA NASS data, the three USDA inspected facilities in the state processed 1,849 head of cattle in 2019. Using the monies awarded through the Arkansas Meat and Poultry Processing Grant Program, it is anticipated these facilities will more than double capacity and process an additional 3,000 head annually. Additionally, current custom processor capacity is expected to expand by more than 19,000 head of cattle annually. As required by the grant, these custom facilities had to submit an application of inspection, which will enable product to be sold at the retail level. Under a state meat inspection program, this capacity will be bolstered, trickling down benefits to local communities, businesses and consumers. The beef industry will not be the only benefactor of a state meat inspection program. Hog and poultry growers will also gain, as they too will have the option to diversify operations, expand to new niche markets and supply Arkansas families with high quality, delicious protein products. The Arkansas Livestock and Poultry Grant Program was a huge success and ArFB is appreciative of Sec. Ward and his team for their willingness to promote and advance this critical program. Now, it is imperative to build on the continued on page 10>>

Arkansas Meat & Poultry Processing Grant Expands Farm-to-Table Opportunities

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9


The beef industry will not be the only benefactor of a state meat inspection program. Hog and poultry growers will also gain, as they too will have the option to diversify operations, expand to new niche markets and supply Arkansas families with high quality, delicious protein products.

<<continued from page 9

accomplishment of the grant program. ArFB is working diligently with state legislators and a diverse coalition of industry partners, to reinstate a state meat inspection program during the 2021 legislative session. This will provide further opportunities for producers, processors, communities, local restaurants, schools and other non-profits. Demand for locally processed meat was already trending up prior to COVID-19 and the pandemic simply accelerated the growth of this new market. Livestock producers are facing major challenges meeting the increased local demand for their products as they are limited by the severe lack of inspected facilities. As already noted, slaughter reservations are at capacity for the remainder of 2020, as well as of 2021 and part of 2022. While the COVID-19 epidemic exposed the weakness in the food supply chain, the Arkansas Livestock and Poultry Grant Program, coupled with state inspection, will provide predictability and stability in the local supply chain. We have an opportunity to positively impact rural economies, which in turn, will ensure Arkansas’ #1 industry, agriculture, can be prosperous for many more years. Arkansas farmers and ranchers are committed to providing affordable, wholesome and delicious local protein to Arkansas families. Arkansas Farm Bureau remains committed to advocating for the unsung heroes of the American dinner table and will work diligently to promote common sense policies.

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Producers Weigh In On What State Meat Inspection Means Arkansas is blessed to be the home of forward-thinking livestock producers, who are early adopters of the farmto-table movement. This summer, as part of Farm Bureau’s virtual Officers and Leaders Conference, a panel of producers shared their knowledge and experience about adopting current farm-to-table business models at their operations. Michael Lee of Flying C Ranch in Conway, Phillip DeSalvo of Big D Ranch in Center Ridge and Dustin Cowell of Cowbell Ranch in Mt. Judea, provided insight into how their families market and sell their beef directly to consumers and outlined the potential growth in this niche market. Directly marketing beef to consumers was a growing trend prior to the COVID-19 pandemic. As Lee shared during the discussion, the virus accelerated the movement by 5 to 10 years, at least. DeSalvo added that there is a pressing need for more shackle space availability in Arkansas and for more facilities to be inspected, which means state inspectors will be required if individual packaged beef products are to be made available for sale to consumers. Additionally, he noted that, two years ago, producers needed

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to schedule out two-three months, but now they must be “scheduled out two to three years to ensure animals can be harvested.” DeSalvo said this has “created nothing but frustration and hassle.” Cowell shared his experience of entering into the farm-to-table market, echoing the theme of needing to overcome “the bottleneck at the processing end of the food supply chain.” All three producers made it clear the demand for local beef is strong throughout the entire state, but more inspected packing capacity is essential. Undoubtedly, producers will continue to adopt the farm-to-table movement; it’s not a fad and it will not go away. DeSalvo said, “There could be a producer selling local beef every 20 miles across the state, and the orders could not be filled – that is how strong demand is for farm-raised beef.” The producers also agreed there are opportunities for producers to grow and diversify their cattle operations through the farm-to-table model, but without more inspected processing capacity, the measure will not be successful. To watch the full discussion with the three producers, visit: https://bit.ly/meatinspection. *

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A Move Toward

Mass Timber by Gregg Patterson

I

A wood product gains popularity and takes center stage in innovative building designs in the state

had a bag full of wooden building blocks in all shapes and sizes when I was a kid. Every so often, I’d save enough allowance money to go to the local hobby shop, and I’d add to that collection. I built countless buildings with those blocks. Peter MacKeith is having the same kind of fun. The 61-year-old dean of the University of Arkansas’ Fay Jones School of Architecture and Design is reaching into his bag of building blocks and leading the insurgence of mass timber as a key component in some of newest and most innovative architectural designs for the University of Arkansas. Timberlands cover 57 percent of Arkansas, and the stumpage timber value paid to landowners is a critical component ($439 million) of the state’s agriculture economy, as well as being a jobs producer when value-added wood products are produced here. Arkansas’ overall economy is reliant upon timber and wood products. At first glance for many, there might not seem to be a connection between architecture and agriculture. So how does architecture and growing timber relate? “In my view, agriculture and architecture are the first two forms of evidence of civilization and culture altogether.

They’ve been intertwined for thousands, if not tens of thousands of years,” MacKeith said. “And it’s absolutely relevant that the interest of our school should be directed towards the interests of Arkansas agriculture. “We’re the only school of architecture and design for the state. I feel obligated to direct our attention to how we can be of service to the state’s interests,” MacKeith said. “And in this sense, how we can be of service to the state’s forest, timber and wood products.” The in-state development and use of mass timber products fits that bill. The Ozark, Ouachita and Gulf Coastal Plain are timber-rich ecoregions. “We began to systematically look at new developments in temporal wood products and how, in many ways, the school and the university can be a source of innovation and economic development for the state’s agriculture and general economy and environment overall,” MacKeith explained.

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Arkansas Agriculture

So, just what is mass timber? Mass timber can be understood if you think of something as simple as plywood that is a set of laminates or veneers that are bonded together with an adhesive. Scale that up to glue|

ARKANSAS FARM BUREAU • FALL 2020


laminated timber that we see mostly in columns and beams. Those products have been produced in Arkansas for a while. A more contemporary product invented after the Second World War is called cross laminated timber (CLT). These are layers of 2x6s aligned and laid in cross orientation to each other in sets of three, five, seven or nine bonded layers. MacKeith says it’s now being increasingly used in buildings in the United States. “It’s a kind of super plywood that can be produced in long panels as wide as 10-12 feet and as long as a flatbed trailer.” MacKeith has long been a fan of CLT/mass timber. It began with a Fulbright scholarship that took him to Norway. He characterizes it as a nation fundamentally based on a forest economy and a leader in forest products innovation. He’s been a believer in CLT/mass timber use ever since. MacKeith took over as dean of the Fay Jones School of Architecture and Design more than 6-1/2 years ago. Fay Jones was an internationally renowned architect best known for his design of Thorn Crown Chapel located in Eureka Springs. MacKeith is quick to credit the faculty he inherited and those who have joined him since his arrival. “I was already privileged by a strong faculty, and I think it has even improved and gotten better as we’ve been able to hire new faculty as the school has grown,” MacKeith said. With his leadership, inspirational belief in mass timber and a strong faculty, CLT/mass timber building projects are springing up. “A number of things brought this to mind. But then again, I looked particularly at what Arkansas is in terms of a forested state and in terms of Arkansas Agriculture

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what could be added to Arkansas’ economy and could benefit Arkansas’ environment if we were able to make use of all the surplus timber the state is producing,” MacKeith said. “Cross laminated timber lends itself to that kind of direct use. And that’s really started the journey for us to talk about some of the projects that are ongoing, either projects that are under construction, have been built or will be built in the near future that the architecture school is involved with that uses this type of product.” Those projects are numerous. MacKeith says the first on campus was the Library Annex building completed two years ago. “It is almost exclusively cross laminated

ARKANSAS FARM BUREAU • FALL 2020

timber panels, as well as a glue laminated timber frame,” MacKeith said. “It was proof of concept that this type of construction could occur at a cost savings to the university and could be done in a time efficient way.” The second building was the 200,000-square-foot, 708-bed residence hall called Adohi Hall. “Adohi” is a Cherokee word for “from the woods.” “That’s another proofof-concept building coming in on time and on budget, making use of a glue laminated frame, as well as cross laminated timber panels in the floors and ceilings. It’s currently the largest such structure in the United States making use of mass timber,” MacKeith said. continued on page 16>>

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Two more university buildings are on the way. One is the Anthony Timberlands Center for Design and Materials Innovation. “That’s very special to us and really should be special to everyone in the state,” MacKeith said. He says it came about through many discussions with John Ed and Isabel Anthony of Anthony Timberlands who see the necessity of working in innovative ways with timber to grow the economy and grow the overall forest sector for the state. The architectural design for the building won this year’s Pritzker Architecture Prize, an international honor. The building is scheduled for completion in the fall of 2023 with all the timber and wood being sourced out of Arkansas. The other university building will be the Center for Arkansas Farms and Food, part of the Dale Bumpers College of Agriculture, Food and Life Sciences. “It was designed by our school’s Community Design Center,” MacKeith said. That design won a 2020 PLAN Award. MacKeith says not only will the center benefit agriculture

research, but the building’s design and use of mass timber “… is where, again, architecture and agriculture run parallel and then converge for each other’s benefit.” Undoubtedly, the most prolific mass timber project in Arkansas will be the new Walmart corporate headquarters in Bentonville. It has MacKeith’s attention. “It’s an immense commitment by one of the world’s most important companies to mass timber and a true demonstration of the scalability of this form of construction,” he said. A Canadian company is

bringing its mass timber expertise to Arkansas to manufacture the material for the project. MacKeith believes this and other CLT/mass timber projects will help define Arkansas as a leader in this type of construction and its associated wood products. “Regionally and nationally, this is truly transforming the Arkansas economy, building more jobs across the state and generating a great spotlight for us as well.” Sounds like a kid enjoying playing with his building blocks. *

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ARKANSAS FARM BUREAU • FALL 2020



Tappe Talks Retirement by Ken Moore

A Q&A with Phil Tappe, Retiring Dean of the UA Monticello College of Forestry, Agriculture & Natural Resources

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Phil Tappe is retiring as Dean of the University of Arkansas at Monticello’s College of Forestry, Agriculture and Natural Resources and as Director of the U of A System Division of Agriculture’s Forest Resources Center. Tappe has spent the last 30 years at the university in a variety of positions. He joined UAM and the Division of Agriculture as a Research Associate and Instructor in 1991, becoming a full professor in 2003. In 2006, he was selected as Associate Dean for the School of Forest Resources and Associate Director for the Arkansas Forest Resources Center. Tappe was appointed Dean and Director in 2011. Tappe shared with us his thoughts about his career at UAM and the growth of the College and Forest Resources Center during his tenure.

Q A

You’ve had a long and distinguished career. What are your thoughts concerning the growth of the College of Forestry, Agriculture and Natural Resources as your retirement approaches?

Since I first arrived on campus many years ago, there have been several substantial changes. Academic, research, and extension programs have all evolved; facilities have been renovated and expanded; and academic units have been merged to form a larger, more comprehensive college. These changes have all been consistently positive. However, what has not changed is the dedication and commitment of our faculty and staff, and the determination and quality of our students and alumni. Serving as Dean and Director has been a wonderful opportunity.

Q A

When you arrived at UAM in 1991 you didn’t anticipate staying for 30 years. What led you to make this your final career move?

The reason I’ve stuck around so long is, I’ve seen that this program has always been advancing. There have been changes every year that have always been positive. There’s always been growth. The merging of the college of Forestry, Agriculture and Natural Resources in 2018 was a very important step that will allow for future growth. It was very gratifying to have been a part of that.

continued on page 26>>

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<<continued from page 25

Q A

Timber and the forest products industry is vital to the state’s economy, especially in south Arkansas. Why is the college and Forest Resources Center so important?

We are the only forestry program in the state. Timber and wood products are vitally important and that makes our program even more critical. We’ve always produced foresters. This program started back in 1945 when it was originated by Hank Chamberlain. We have produced many foresters who are managementfocused, boots-on-the ground type individuals and that hasn’t changed. With all the new technologies – GIS, GPS, and others – our students still get the experience of being outdoors and

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doing the field work that’s necessary. We’ve focused this program on producing management-oriented graduates. One of the things I’ve most proud of is watching our alumni become the driving force of forestry in Arkansas. It humbles you when you look at the numbers of students who come through here and what they’re accomplishing today.

Q A

How has the Covid-19 pandemic affected instruction this year?

It threw us all for a loop. Back in March, our university, like most others, shifted quickly to teaching online. I’ve been really impressed with our faculty and how they handled it. At the end of each semester we conduct student evaluations. I was concerned that with online instruction we would have horrible evaluations and it was just the opposite. They were some of the best I’ve seen. What it came down to was students had two-thirds of the semester working with faculty, getting hands-on instruction in the field. When they shifted to remote learning it made them appreciate what they were receiving prior to that. This semester we have returned to in-classroom, face-to face courses. We’re further apart and class sizes may be a bit smaller, but we’re still committed to giving students out-in-the-field experiences whenever possible. continued on page 28>>

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<<continued from page 27

Q A

How has Covid-19 affected your student recruiting efforts?

We recently conducted a recruiting event for our agriculture animal science and pre-vet program. It was a virtual, zoom recruiting event. We have spoken to a large number of high schools and spent an hour with students across the state about our programs, interspersed with conversations with our faculty and videos. So the way we reach prospective students has certainly changed. We still provide on-campus tours but we’re adapting to a whole new way of recruiting digitally and through social media.

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Q A

Is there anything you’d like to leave your friends and supporters with?

I’m really optimistic about the trajectory of this college. Now that we’ve merged forestry and agriculture, those two programs support each other strongly. We’re the only institution that offers that unique combination. This provides UAM a really good synergism. I look forward to watching where the college will go in the future. *

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Ag LawUPDATE Harrison M. Pittman is director of the National Agricultural Law Center, which is part of the University of Arkansas System Division of Agriculture. The Center serves as the nation’s leading source of agricultural and food law research and information and deals with legal issues around the country that impact agriculture at the state and federal levels.

by Harrison Pittman state to have changed its cutoff date (May 25) through rulemaking. This is a major change in the federal-state relationship under the Federal Insecticide, Fungicide, and Rodenticide Act and is an area also likely to face legal challenges and at least some political pushback.

A

s we approach the end of an unusual and eventful year, the National Agricultural Law Center has been hosting a variety of webinars examining the legal issues that will impact the agriculture industry after Election Day and moving into 2021 (for a complete lineup, visit www. nationalaglawcenter.org). In this column, I offer a breakdown of some the issues emerging as we head toward the holidays. Dicamba Registration In late October 2020, the Environmental Protection Agency issued much-anticipated approval of three dicamba-based herbicides for over-the-top use on dicamba-tolerant soybeans and cotton for 2021 through 2025 crop years. Specifically, the approval includes Bayer’s XtendiMax with VaporGrip Technology (“XtendiMax”), BASF Corporation’s Engenia Herbicide (“Engenia”), and Syngenta’s Tavium Plus VaporGrip Technology (“Tavium”). This 5-year label contains new restrictions, including a national cut-off date of June 30 for soybeans and July 30 for cotton; that an EPA-approved pHbuffering agent be tank-mixed with dicamba prior to all applications; 32

and that a downwind buffer of 240 feet in most instances (increase in buffer size in areas where species listed as endangered are located). Legal challenges are likely. In fact, the American Soybean Association and Plains Cotton Growers have brought an action challenging the buffer requirements and the national cutoff dates. The Center for Food Safety – the same plaintiff that brought the previous legal challenge to dicamba before the 9th Circuit Court of Appeals – issued a press release soon after the label was issued that stated its intentions to do so again. This is an area the National Agricultural Law Center will continue to monitor closely in the weeks and months ahead. For the latest legal updates on dicamba, be sure to check our website in the future. Dicamba and States Additionally, as part of the dicamba label issuance process, EPA changed its longstanding policy regarding states’ ability to change the cutoff date for all pesticides and herbicides. Under the new interpretation, a state must now enact a new law or conduct rulemaking to change the cutoff date. Currently, it appears that Arkansas is the only Arkansas Agriculture

2020 Elections The 2020 elections yielded some noteworthy outcomes for agriculture. First, House Agriculture Committee Chair Colin Peterson was defeated in his bid for another term. This opens up a competition for new leadership on the House Agriculture Committee. Rep. Jim Costa (D-Calif.), Rep. David Scott (D-Ga.), and Rep. Marcia Fudge (D-Ohio) are currently among the three most likely to become Chairman of the House Agriculture Committee. On the Senate side, it will be January before we know the outcome. Results from the Senate race in Alaska, as well as the Senate runoff races in Georgia ,will determine which party controls the Senate. For Arkansas, the difference in those races is all but certain to be the deciding factor in how far Senator John Boozman ascends in Senate Ag Committee leadership – either as Chairman of the Committee or Ranking Member, both prestigious roles. With the 2018 Farm Bill set to expire in 2022, the stakes are high for the agricultural industry in Arkansas and beyond. For the latest update post-election, the National Agricultural Law Center is hosting a webinar on Jan. 13, 2021 titled “Looking Ahead: Impact of the 2020 Elections on Ag Law and Policy,” presented by Hunt Shipman, Principal & Director, Cornerstone Government Affairs. |

ARKANSAS FARM BUREAU • FALL 2020


Ag Trade: Focus on U.S. Rice to China In late October, Archer Daniels Midland (ADM) exported to China the first commercial shipment of U.S. rice. Given that Arkansas produces more than half the nation’s rice crop, this is a landmark development with considerable potential in a marketplace in which citizens consume more rice is less than a month than Arkansas produces annually. This delivery of U.S. rice into China was the culmination of more than a decade of concerted effort by the rice industry, principally including USA Rice, at the national and state levels. It bears noting that the rice shipped into China was actually produced in California. Nevertheless, the shipment demonstrates that significant regulatory and logistical challenges were overcome that could

pave the way for a steady flow of shipments in the future. Beef Checkoff Litigation involving the national beef checkoff continues. The outcome of these cases have strong implications for qualified state beef councils (QSBCs) around the country. In addition to the ongoing litigation in the Ninth Circuit Court of Appeals, which initially targeted the Montana Beef Council and that seeks to modify the flow of assessment funds to many states’ qualified state beef councils, a new lawsuit has been filed. In September 2020, the Ranchers-Cattlemen Action Legal Fund (R-Calf.) filed a new lawsuit in a different jurisdiction that is a direct outgrowth of the above-mentioned litigation.

Specifically, R-Calf. brought an action against USDA arguing that USDA violated the Administrative Procedures Act when the USDA entered into memorandums of understanding (MOUs) with several states’ qualified state beef councils. This comes after the U.S. District Court for the District of Montana ruled in favor of the Beef Checkoff program, finding that the program, while operating under an MOU, did not violate the first amendment as R-Calf. had argued. The MOUs provide direct oversight of QSBCs by the USDA Agricultural Marketing Service and provide a mechanism for “decertification” of QSBS – i.e., the QSBC no longer exists so that the full dollar-perhead assessment would remit directly and only to the Cattlemen’s Beef Board. *

New year. New tactics. |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||

Join us in January and February as we hear from Division of Agriculture agronomists and economists as well as our experts in irrigation, new technology, weed, insect and disease management.

Jan. 12: Corn Jan. 14: Rice Jan. 21: Cotton Jan. 26: Peanuts

Jan. 28: Marketing, New Technologies, and Irrigation Feb 2: Soybean

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All webinars will begin at 1:00 p.m.

|||||||||| || || || || || |

Online Production MeetingS:

For full agendas or registration:

bit.ly/WinterMeetings2021

The University of Arkansas System Division of Agriculture offers all its Extension and Research programs and services without regard to race, color, sex, gender identity, sexual orientation, national origin, religion, age, disability, marital or veteran status, genetic information, or any other legally protected status, and is an Affirmative Action/Equal Opportunity Employer.

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