SAFE AND ABUNDANT FOOD THROUGH SOUND SCIENCE
The Kansas
Spring 2014
AGRIBUSINESS UPDATE
The official publication of the Kansas Agribusiness Retailers Association
Safety, Training, Education Special Report from KARA General Counsel Mark Calendars for Summer Programs ResponsibleAg Update
Spring 2014
THE KANSAS AGRIBUSINESS UPDATE
K S A G R E T A I L E R S . O R G
CONTENTS KARA members visit Statehouse on Legislative Action Day...3 KARA officers travel to Washington, D. C....4 President & CEO Tom R. Tunnell
KARA celebrates Kansas Ag Day...4 And Safety For All...5
Senior VP, Government Affairs Ron Seeber
ResponsibleAg Update...6 EPA reorganizes pesticide registration information on web...7
Senior VP and Chief Financial Officer Stephanie Jensen
OSHA addresses fertilizer safety in letter...7
Vice President and General Counsel Randy Stookey
Safety & security guidelines for storage and transportation of ammonium nitrate at retail facilities...7
Vice President of Event Planning Shari Bennett
Kansas Agricultural Remediation Board (KARB) Reappointments...7 Crop Production Update brings agronomists to Junction City...8
VP of Member Services & External Operations Dana Minihan VP of Marketing & Communications Shahira Stafford
KARA trains 330 at NH3 Workshops...8 Summer training planning underway...8
Senior Director of Internal Operations Lisa Anschutz
Become a CCA...8
Executive Assistant to the President Julie Stueve
Scholarship recipients announced in April...8 Trade Talk...9
The Kansas Agribusiness Update is published quarterly for the members, friends and affiliates of the Kansas Agribusiness Retailers Association.
KARA welcomes new member...9 Update your membership profile...9 Free membership for new retailers...9
Job Opportunities...10
Mail contributions to KARA, Attention: Shahira Stafford, 816 SW Tyler, Topeka, KS 66612. The KARA team welcomes your comments, contributions and suggestions.
Are you taking full advantage of your KARA membership?...11
Annual subscriptions for members can be purchased for $25.00. Š 2014 KARA
Member Spotlight: Jeff Jensby...10
Read this newsletter online at www.ksagretailers.org/printnewsletters. ........................................................................ To follow us on Facebook, search for KARA. For Twitter, visit www.twitter.com/ ksagretailers.
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LEGISLATIVE ACTION DAY
KARA members visit Statehouse on Legislative Action Day On January 24, KARA, in conjunction with the Kansas Grain and Feed Association and the Kansas Cooperative Council, held its Legislative Action Day at the Statehouse. The day started out with a lunch for members at the Topeka Country Club where incoming Secretary of Agriculture Jackie McClaskey and Kansas Water Office Director Tracy Streeter spoke at length to an audience of over 100 members of the three associations on the Governor’s development of a 50 year vision for water policy in Kansas. After the presentations from some of Kansas’ top leaders, KARA staff Ron Seeber and Randy Stookey and KCC President Leslie Kaufman gave a briefing to members on key points they need to update their legislators on regarding the industry. Those items include proper funding of the scales program, taxation policy, common sense immigration reform, trespasser liability, and a proposed bill dealing with spray drift. After the briefing, members headed to the statehouse and met with their elected representatives and senators. After meeting, members returned to the Country Club where they spent time with the governor, numerous legislators and other elected officials. The association staff is very appreciative of our members who set aside work and traveled to our state capitol. Their actions speak volumes to our Legislature and will help the industry promote good policy and avoided proliferation of ill-conceived agendas.
Members listen to Secretary of Agriculture Jackie McClaskey and Kansas Water Office Director Tracy Streeter discuss the Governor’s 50 year water vision during lunch.
Deb Miller and Clark Pearson tour the newly renovated Kansas Capitol Building.
Shane Eck (right) visits with Representative John Ewy.
Governor Sam Brownback makes an appearance and addresses KARA members during the evening reception.
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ADVOCACY
KARA officers travel to Washington, D. C. KARA Chairman Mike Shirley, SFP in Oakley, and Vice Chairman Kevin Brady, Lang Diesel in Benton, along with KARA President Tom Tunnell spent three days in Washington, D. C. meeting with Kansas Congressmen and Senators to inform them about important issues impacting the fertilizer and chemical industry. The KARA group joined several state associations in a coordinated fly-in sponsored by the Agricultural Retailers Association, CropLife America, and The Fertilizer Institute.
KARA celebrates Kansas Ag Day In recognition of the state’s largest industry, Kansas Governor Sam Brownback declared March 23-29 as Kansas Agriculture Week, and KARA was proud to be a sponsor of the celebration. The Kansas Department of Agriculture (KDA), along with help from the agricultural community, Dillon’s Food Stores, and several local food banks, planned a number of activities for Kansas Agriculture Week. One event that was highlighted was the Neighbor to Neighbor statewide food drive, which ran from March 3 to March 25 and raised thousands of meals for Kansas families in need. Another featured event was Kansas Agriculture Day at the Capitol, which took place on Tuesday, March 25 at the Kansas Statehouse, and allowed KARA the opportunity to host a booth and distribute industry information to legislators and Statehouse visitors.
KARA President Tom Tunnell (middle) meets with presidents of national associations - Daren Coppock with ARA and Chris Jahn with TFI.
Issues discussed included: the Clean Water Act, agricultural tax policy, GMO labeling, and the Chemical Facility Anti-terrorism Standard Program. The KARA officers had personal visits with Senators Jerry Moran and Pat Roberts along with Congressmen Kevin Yoder, Mike Pompeo, Tim Huelskamp, and Congresswoman Lynn Jenkins.
Officers from KARA and the Kansas Grain and Feed Association meet with U.S. Senator Pat Roberts during a fly-in to Washington D.C.
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KARA staff hosts a booth in the Statehouse rotunda celebrating Kansas Ag Day and promoting agriculture to legislators.
Governor Brownback launches the statewide Neighbor to Neighbor food drive celebrating Kansas Agriculture Month at Harvester’s in Topeka in early March.
Recently, an association member presented an interesting - if not alarming - question to association staff. The member described a situation where an inspector with a federal agency failed to follow standard operating safety procedures regarding bin entry. Even after the inspector was notified of the safety rule, and was asked to comply, the facility could not gain compliance with the safety standard. What is a facility to do in this situation? As an industry, we are acutely aware of our legal, regulatory, and moral duty to ensure the safety of all persons on-site, at all times. Clearly, we understand that our safety standards and procedures apply to our employees, on-site contract workers, and visitors. We are made especially aware of this standard by the heightened scrutiny placed on our industry under OSHA’s Local Emphasis Program. However, unique circumstances exist during interactions when official state and federal inspection personnel are on-site. The normal flow of daily operations is interrupted, and Operations Managers and Safety Officers find themselves removed from their normal duties to locate and provide records, answer questions, and accompany inspectors around the facility. Through all of this, we can become preoccupied and not fully recognize our duty to ensure the safety of the inspection staff, or assume that they will automatically conduct themselves in a professional and safe manner. So what happens in the rare circumstance when inspection personnel unnecessarily expose themselves to unsafe or hazardous situations in violation of our (and OSHA) safety standards? Are our hands tied so that the inspectors simply have free reign of our facilities? In finding answers to these difficult – but vitally important – questions, I spoke with the Acting Director of DOL/OSHA’s Regional Office in Wichita, and received the following guidance on the proper procedure to handle such situations: 1. Federal agencies are required to promulgate safety standard operating procedures (SOP) for their
INDUSTRY NEWS
And Safety For All By Randy Stookey, KARA General Counsel
employees. (29 CFR, Part 1960.1(g)). 2. When a federal inspector is on-site at a facility, that inspector is required to follow the agency’s inspection SOPs and safety procedures. 3. Federal inspectors are also required to comply with all OSHA industry workplace safety standards. 4. If an inspector’s activities are not consistent with OSHA workplace safety standards, then the facility may expose themselves to both private liability and regulatory enforcement action for any injuries caused by accidents related to that noncompliant, unsafe behavior. 5. In order to protect the facility from liability and regulatory enforcement actions, it is advised that the facility’s safety officer initially notify inspection personnel of its safety SOPs prior to the inspection, make a record of that notice, and accompany the inspection personnel at all times while on-site. 6. If the safety officer observes any unsafe activity by the inspection personnel, the safety officer should immediately notify the inspector of the safety SOP requirement, explain why the action is unsafe and in violation of the safety SOP, and provide the inspector with an alternative action in compliance with the safety SOP. 7. If the inspection personnel refuses to comply with the safety SOP and continues the unsafe activity, the safety officer should request a brief delay in the inspection in order to consult with the inspection personnel’s supervisor. 8. The safety officer, or operations officer, should then immediately contact the inspection personnel’s supervisor to find a resolution to the situation, being prepared to provide the inspection personnel’s supervisor with the following information: the site location, the name of the inspector, the pertinent facts of the safety violation to include the safety standard that was/ or would have been violated, the request that was made to the inspector to alter their activity, and the inspector’s response to that request. 9. If the matter is resolved through contact with the area supervisor, then the safety officer should make an internal memorandum of record detailing: A. the site location and a general description of the site B. the name of the inspector(s)
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INDUSTRY NEWS
C. the date of the incident (or incidents if this has happened on prior occasions) D. a record of the safety briefing, if any, conducted prior to the inspection E. the pertinent facts of the safety violation to include the standard that was/or would have been violated F. the clear directive/request that was made to the inspector to stop the unsafe activity G. the inspector’s specific response to that directive H. the fact that the inspector was provided with an alternative action to complete the inspection in a manner that was consistent with safety standards I. the inspection personnel’s response to the alternative action request J. the name and contact information of the person that the safety officer or operations officer contacted in the inspector’s chain of command following the inspector’s refusal to follow the safety SOP and directive, and K. any other information deemed relevant to the situation. 10. Note: This is a vitally important step in protecting the elevator from future civil suit or regulatory enforcement actions. 11. If the matter is not resolved through contacting the inspection personnel’s supervisor, then the safety officer should contact their area OSHA office or KGFA for further assistance. 12. When the safety officer contacts the area OSHA office or KGFA, he/she should be prepared to provide all of the information above, along with a brief explanation of the response received from the inspector’s supervisor, and why that response did not resolve the situation. 13. Remember that the more facts you can provide to OSHA the better OSHA will be equipped to assist the elevator in resolving the noncompliance.
ResponsibleAg Update Asmark Institute On February 18, 2014 ARA and TFI announced plans to create ResponsibleAg, an independent, not-for-profit organization designed to support fertilizer retailers’ compliance with federal safety and security regulations. Under ResponsibleAg, retail fertilizer dealerships will have access to comprehensive inspections based on federal regulatory requirements. The inspections will be carried out by trained auditors who will have successfully completed an intensive training course based on the objectives of ResponsibleAg. “While the vast majority of fertilizer retail businesses operate safely, securely and in compliance with federal regulations, we are acting out of an abundance of caution and concern for the well-being of workers and communities,” said TFI President Chris Jahn. “ResponsibleAg will verify compliance at more facilities and with greater speed than is currently being done by the multitude of federal agencies that regulate the nation’s fertilizer retailers, so we are choosing to act now rather than waiting for the next government inspection.”
“ResponsibleAg will help ensure existing regulations are conveyed and easily understood by fertilizer retailers,” said ARA President & CEO Daren Coppock. “Retailers want to do the right thing, but overlapping, duplicative or potentially conflicting requirements make compliance a challenge. This program will help retailers by collecting the regulatory requirements into one standard, and offering them tools and information to ensure their facilities conform to all current federal regulations.”
ResponsibleAg will credential auditors who will inspect and verify individual facilities’ level of compliance with applicable federal regulations. Facilities that successfully complete assessments will be recognized for having done so. Any site that does I hope you have found this information helpful. not successfully complete an assessment will be Remember, most inspectors intend to do their job in provided a list of recommended corrective actions. a professional and safe manner. The best approach to Additionally, random quality assurance reviews to resolving any issue with inspection personnel is to verify the assessments will be conducted by third address the issue on the lowest (and most direct) level party auditors. as possible. As always, however, your association staff is here to assist you whenever possible.
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INDUSTRY NEWS
TFI and ARA are each contributing $100,000 in startup capital for the organization, and the Asmark Institute is providing an ongoing contribution that provides for training programs, training facilities and administration of the ResponsibleAg website and database. Once established, ResponsibleAg will be funded by registration fees paid by participating fertilizer storage and handling inventory points and their suppliers. Auditor training costs will be funded by tuition paid by those seeking the ResponsibleAg auditor credential. Membership in TFI, ARA or any other organization is not a requirement for participation.
As requested by OSHA, the Agricultural Retailers Association (ARA) is distributing this information so retailers are informed about the resources OSHA has made available and more fully understand how the agency is addressing ammonium nitrate safety following the West Fertilizer accident. The letter can be found at www.ksagretailers.org.
Safety & security guidelines for storage and transportation of ammonium nitrate at retail facilities The Agricultural Retailers Association (ARA) and The Fertilizer Institute (TFI) recently developed a guidance document on safety and security guidelines “ARA and TFI are committed to ResponsibleAg as a for the storage and transportation of ammonium common sense approach to mitigating the potential nitrate at retail facilities. This guidance document, of another accident like the one in West,” Coppock drafted with much industry input, is a great resource said. “Compliance needs to be the focus rather than a for all members who handle fertilizer grade push for broad new regulations. The effort and ammonium nitrate. The guidance document is resources retailers dedicate to compliance should be available in pdf format to all KARA members upon directed towards achieving the greatest level of safety request. and security possible for employees, first responders and the communities in which our members live and Kansas Agricultural Remediation Board work.” (KARB) Reappointments Last month, Governor Sam Brownback’s office EPA reorganizes pesticide registration announced the reappointment of Laura Pearl, J.B. information on web Pearl Sales & Service of St. Marys, KS and Brian EPA has created a new area on its website that Norton, Syngenta, of Girard, KS to the Kansas contains all of its information on pesticide Agricultural Remediation Board. Congratulations to registration. Pulling from existing material, the new Laura and Brian, and thank you for your continued pesticide registration area is designed to help users service to the agricultural industry and our state. find what they need easily and quickly. EPA’s new pesticide registration site can be found at http://www2.epa.gov/pesticide-registration. Under clearly defined topic headings, visitors will have easy access to information on: pesticide registration, fees and fee waivers, how to register a pesticide, types of registrations under pesticide laws, types of pesticides that can be registered, and registration forms and guidance documents. OSHA addresses fertilizer safety in letter The Occupational Safety and Health Administration (OSHA) issued a letter regarding safe manufacturing, storage, distribution and use of ammonium nitrate.
(l-r) Tom Tunnell, KARA President & CEO; U.S. Congressman Tim Huelskamp; Larry Shivers, SFP and KARB member; Randy Stookey, KARA General Counsel; during a fundraiser for the Congressman on March 20 held at the KARA office.
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TRAINING, EDUCATION
Crop Production Update brings agronomists to Junction City Over 115 agronomists gathered in Junction City on January 8-9 to gain more than just continuing education hours.
The same program, times and speakers will be featured twice- once on July 8-9 and again on July 10-11. It is essential that program attendees pre-register for their preferred day, as registration will be capped at 100 attendees per session.
Attendees were updated on issues ranging from pest Join KARA for this exciting program either on July 8 control to new production methods. A special thanks -9 or 10-11. Registration coming soon. to Kansas State University and Dr. Dorivar Ruiz Diaz Kansas Applicator Institute for coordinating the speakers and topics. KARA encourages you to mark your calendar for the third annual Kansas Applicator Institute. Plan on KARA trains 330 at NH3 Workshops being in Hutchinson at the Kansas State Fairgrounds KARA trained nearly 330 individuals this winter on on August 6-7. Interested in exhibiting? Email the basics of NH3 properties and plant design, regulatory laws and safety essentials. A special thanks dana@kansasag.org for more information. to Gary Cless of Fairbank Equipment, John Ricker Become a CCA and David Klahr of KFSA, Rick Wiedmann of Do you work with producers on their crop Kansas Department of Agriculture and the Kansas production decisions? Are you actively involved in Corporation Commission for their contribution of time and expertise. KARA wishes all members a great agronomic agriculture? Join hundreds of others by becoming a Certified Crop Adviser. application season with safety as the first priority. Certification programs from the American Society of Agronomy and Soil Science Society of America are the benchmark of professionalism. Farmers and employers prefer to work with Certified Crop Advisers (CCA) because CCAs have demonstrated they have the commitment, education, expertise, and experience to make a difference. To learn more, please email dana@kansasag.org.
Gary Cless, Faribank Equipment in Wichita, instructs attendees of the NH3 Workshop in Topeka on February 12.
Summer training planning underway KSU Field Days KSU Field Day is a partnership between KARA and KSU Research and Extension. This partnership yields a successful, two day program that highlights the latest KSU research. Due to growing numbers and KARA and KSU’s commitment to keeping KSU Field Day an interactive program, two KSU Field Day sessions will be offered this year.
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Scholarship recipients announced in April KARA received 38 scholarship applications from students across Kansas hoping to receive one of the association’s $1,500 scholarships for the 2014-2015 school year. The KARA Scholarship Committee will meet on April 21 to choose the winners, and announcements will be made shortly thereafter. Each year, KARA awards $6,500 in scholarships to high school students wanting to pursue an education in Kansas. Five scholarships are offered: one Jim Lee $500 Memorial Scholarship, three KARA $1,500 Scholarships, and one $1,500 Dr. David Whitney Agronomy Scholarship.
MEMBER CORNER
Underwriter $15,000 KFSA
Trade Talk If you have a short business announcement you’d like included in the newsletter, email shahira@kansasag.org.
Effective March 1, Farmers Coop in Nickerson merged with Farmers Union Coop in Sterling. The new company name is Central Prairie Co-op.
Founder $7,000 BASF Helena Chemical Co. Koch Fertilizer, LLC Patron $3,000 Bayer CropScience CHS Inc. CoBank ACB Coffeyville Resources Crop Production Services Dow AgroSciences Heartland Ag, Inc. Lang Diesel Inc. Monsanto SFP Syngenta United Suppliers Wilbur-Ellis Co. Builder $1,500 Allied Environmental Consultants Inc. DuPont Crop Protection FMC Frontier Ag Inc. J.B. Pearl Sales MKC Morrill Elevator Inc. Rosen's Inc. Winfield Solutions LLC
(l-r) Tom Tunnell, KGFA President & CEO; Rich Fisher, retiring General Manager; and Joe Schauf, new General Manager; attend a retirement celebration for Fisher on March 5.
KARA welcomes new member Thanks to the reputation of our membership and industry, KARA continues to grow and provide useful products and services for agribusinesses in Kansas. Please welcome this company to KARA:
AgChoice, Weir, KS Update your membership profile Did you move or take a new job? Have a new phone number or email address? KARA wants to know, and we’ve made it easier than ever to update your membership profile. Visit www.ksagretailers.org and click on Member Directory. From there, enter your login information and make your changes directly online. Forgot your username or password? Email lisa@kansasag.org, and we’ll get it to you. Free membership for new retailers If you are a member of KARA, hopefully you are aware of the value of your membership dues. For those non-member retail companies across the state, we’re offering to pay your dues for one year, so you can see what you’re missing. This is for “retail” members only that have never joined the association.
Spring 2014
Donor $500 AGChoice Central Prairie Co-op Farmers Coop Conway Springs Farmway Coop Inc. Heartland Tank Services Inc. Kansas Coop Council Kugler Company Nachurs Offerle Coop Grain & Supply Co. Palmer Grain Inc. Powercat Seed Treating, LLC Purple Wave Auction Riggins R-Co. LLC. Skyland Grain LLC
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MEMBER SPOTLIGHT
Member Spotlight: Jeff Jensby In each issue of the Agribusiness Update, KARA is featuring a new member. Let’s get to know each other better and share in each other’s industry successes. Thank you to Jeff for answering the call this time; but beware, you may be next! Name: Jeff Jensby Title: Officer/Sales Manager Company: Farmway Coop Inc., Beloit, KS Been in business since: 1910 Farmway Coop was initially organized by delegates of 12 neighborhood Mitchell County Farmers Union organizations in October, 1910 and today serves north central Kansas producers across a 12 county area with the purpose of “Helping Our Owners Succeed.” Company specializes in: Farmway is a full service agronomy, energy and grain company offering crop input seed, crop protection, nutrition and precision agronomy solutions; on-farm delivery and retail premium diesel, gasoline and propane energy; and access to local and global grain markets for north central Kansas producers. Something unique about your company: Farmway Coop is unique in its safety culture, QMS procedure development to insure high quality outcomes, employee engagement, and very strong internal employee training programs. How did you get started in the agribusiness industry: I am a 1986 Kansas State University graduate in Agronomy and Accounting, worked for Cargill’s seed division for 13 years, taught at Southeast Community College’s Ag Program for 11 years, and joined the Cooperative world five years ago in southeast Nebraska with a recent move last year back to Kansas to join Farmway Coop. Where do you consider your “hometown” or where you grew up: I grew up in the Republic County, Kansas on a diversified farming operation and graduated from Belleville High School in 1981. What KARA services are the most valuable to you: The KARA service we most appreciate is the training for our employees that KARA provides on a regular basis. Job Opportunities Palmer Grain seeking a full time Agronomist/Sales Person. This person will be responsible for making fertilizer and pesticide recommendations, soil sampling and providing agronomic advice to patrons. They will call on patrons during the off season and work out of the office during the busy season. They will also be responsible for pricing and inventory management of fertilizer. Agronomy degree required and mechanical sense very helpful. Great pay and full benefit package with bonus for success. Send resume to Palmer Grain, Inc. Box 10, Palmer, KS. 66962. The Farmers Co-operative in Halstead has an opening for a Row Crop Applicator for our Mt. Hope Location. We are looking for a candidate that must be willing to be a team player, self-motivated and have a positive attitude. Would prefer this candidate have experience as a row crop applicator and CDL but willing to train the right individual. We offer excellent insurance/retirement packages as well as Bonus opportunities. Please contact Ryan 316-667-2441 or email resume to: rcarmichael@farcoop.com.
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Are you taking full advantage of your KARA membership? For details on the following benefits, please visit www.ksagretailers.org or call (785) 234-0463. Thanks to KARA’s Underwriting Sponsor, comprehensive hospital and medical, group life, dental, salary continuation, accidental death and property/casualty programs are offered through KFSA at a rate which is considerably less than could be enjoyed by an individual firm. Regulatory compliance can be a timely and expensive part of your business operations. As a member of KARA, you are eligible to take advantage of the Asmark Institute's program and products that will help you navigate the regulatory maze. Does your company need new apparel? Looking for appreciation gift ideas for your customers? Get 10% off Cabela's merchandise and 5% off Cabela's gift cards just for being a KARA member. Turn waiting callers into customers. Spectrio On Hold Messaging is giving KARA members a 25% discount on monthly rates. Promote specials, decrease caller agitation, reduce hang-ups and enhance your company's image for only $75/month. A 30-day trial is also available. KARA and Purple Wave are working together to provide members with the best resource to liquidate your unused assets through an online auction service. Purple Wave will make a donation to KARA every time a member utilizes their services.
Spring 2014
Chairman Mike Shirley SFP, Oakley Vice Chairman Kevin Brady Lang Diesel Inc., Benton Second Vice Chairman Clark Pearson Miller Elevator Inc., Reading Immediate Past Chairman Doug Wright Mid-Kansas Coop, Moundridge Directors Scott Anderson KFSA, Hutchinson Brian Bucl Crop Production Services, Wichita Bill Conrey Koch Fertilizer Co., Wichita Troy Coon Gavilon, Nickerson Roger Cunningham Beachner Grain, Parsons Kevin Dieckmann United Suppliers, Olathe Jon Ingebretson CHS, Overland Park Kirk Kennedy Valley Coop Inc., Atlanta Dustin Kuntz Harveyville Seed, Harveyville Roger Long Rosen's Inc., Great Bend Lance Nelson Farmers Coop Co., Haviland Brian Norton Syngenta, Girard Johnny Schaben Golden Valley Coop, Rozel Larry Shivers SFP, Salina Andy Smarsh Helena Chemical, Garden City Tim Stoehr Wilbur Ellis, Kansas City Steve Taylor Fairbank Equipment Inc., Wichita Kevin Tomka Dow AgroSciences, Overland Park Dave Wilcox Farmway Coop, Beloit Craig Zwick B.Z. Bee, Lyons
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816 SW Tyler Topeka, Kansas 66612
Visit our website for up-to-the-minute association news and information by scanning this QR Code with your smartphone, or going to
MARK YOUR CALENDARS! KSU Field Days
July 8-11, Manhattan
Kansas Applicator Institute August 6-7, Hutchinson
Annual Meeting August 18-19, Manhattan
Kansas Agri Business Expo November 19-20, Wichita
1A Recertification Training November 20, Wichita
CEU Bonus Session December 3, Wichita
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