Texas Agriculture March 3, 2017 : Page 9

Protecting farmers’ rights By Jessica Domel Multimedia Editor Any farmer who has been hit by a grain bin closure or warehouse bankruptcy knows it can be devas-tating to your bottom line. That’s one reason Texas Farm Bureau (TFB) is working on potential legis-lation in Austin to protect farmers’ rights to their crop. “We are working with all the var-ious stakeholders to weigh in and participate in drafting a single bill. We are under a tight deadline, but it’s important that we carefully vet everyone’s concerns. Once the bill is filed, we can continue to pursue any necessary changes and make those further in the process,” Marissa Patton, TFB associate legislative director, said. From Farm Bureau’s perspective, the legislation should do at least two things for Texas farmers. “One, we want farmers who have their crop in open storage to have the ability to obtain ag liens,” Pat-ton said. “Currently, ag liens are re-stricted to farmers who have their grain contracted to be purchased.” The second, according to Patton, is the ability for farmers to obtain a lien when their grain is stored in licensed and bonded warehous-es. Currently, licensed and bonded warehouses do not allow liens. “We’ve seen various instances and situations that have happened in the past when farmers have been a part of warehouse failures or bankruptcies where they have seen a portion of the liquidated grain be-ing used to pay for the administra-tive cost of the bankruptcy,” Patton said. In the case of the Dorchester Grain failure, money from the sale of the grain was used to pay trust-ees. “None of that should have ever gone toward the trustees because it was the farmers’ property,” Pat-TFB places priority on potential ag lien legislation ton said. “It’s hard to understand needing a lien on something that you already own. There should nev-er be an instance in which anyone has a superior security interest in a farmer’s crop other than the farmer, until payment is received. ” TFB wants farmers who have not yet been paid for a crop they grew and harvested but is out of their possession to have a priority secu-rity interest in their crop until pay-ment is received. This would apply to crops under contract, crops held in storage and crops held in licensed and bonded facilities. “Our main goal with this ag lien legislation is to allow a farmer to obtain additional financial protec-tion on their own crop until pay-ment. It’s only fair. This helps to ensure their lenders and employees are paid as well,” Patton said. Some have raised concerns about farmers having a first lien on their crop potentially causing facilities to have difficulties getting financed. “We are working with the lend-ers to the facilities who are con-cerned about their lien position on company-owned grain protection. As long as the farmer has been paid, we agree that the facility or their bank is the rightful owner of that crop,” Patton said. “Allowing farmers more tools to protect their financial posi-tion in their own crop should not re-sult in passed down costs from the facilities unless the facilities or their banks are claiming a security inter-est in something that isn’t theirs to begin with,” Patton said. A bill has not yet been filed on the issue. “We are giving this issue the due attention it deserves, but are care-ful of the unintended consequences potentially at stake. This is a tough issue, which is why the stakeholder drafting process is critical and we are grateful to everyone participating,” Patton said. Ag commissioner approves new measure for wild pig control Texas farmers and ranchers are losing ground to wild pigs. A new measure recently approved by Texas Agriculture Commissioner Sid Mill-er looks to change that. Miller recently announced a rule change in the Texas Administrative Code (TAC) that classifies a warfa-rin-based hog lure as a state-limited-use pesticide. The pesticide, “Kaput Feral Hog Lure,” is the first toxicant to be listed specifically for management of wild pig populations. “Texas Farm Bureau is still re-viewing this change and will moni-tor any impacts that it might have, but Texas farmers and ranchers des-perately need another tool to help in the battle against the destructive wild pig population,” Gene Richard-son, Commodity and Regulatory Ac-tivities director, said. “The damage to farmers’ and ranchers’ crops, live-stock and equipment has continued to grow at an alarming rate.” The regulato-ry status under the rule change will ensure safe handling and ap-plication of this product. Ric hardson suggests farm-ers and ranchers check with TDA for a complete understanding of the require-ments to use warfarin. “A restricted-use pesticide license is required and you may have to complete a training course with your county agent,” he said. Under the labeled use, landown-ers will be required to use an ap-same toxicant used to control rat populations. There are currently an estimated one million wild pigs in the Lone Star State, causing about $52 million in damage to Texas land and agricultur-al enterprises, according to the Texas A&M AgriLife Extension Service. Wild pigs continue to be a nui-sance for landowners in both rural and urban settings. They are known for uprooting crops and pastures, along with entire city parks and landscapes. Their continued move-ment calls for high precautions when traveling on highways or county roads. They have also contributed to loss of wetland habitation, water source contamination and soil erosion due to extensive rooting behavior around water sources. M ARCH 3 , 2017 proved bait feeder. Bait food will be laced with warfarin, which is the 9

Ag Commissioner Approves New Measure for Wild Pig Control

Texas farmers and ranchers are losing ground to wild pigs. A new measure recently approved by Texas Agriculture Commissioner Sid Miller looks to change that.

Miller recently announced a rule change in the Texas Administrative Code (TAC) that classifies a warfarin-based hog lure as a state-limited-use pesticide.

The pesticide, “Kaput Feral Hog Lure,” is the first toxicant to be listed specifically for management of wild pig populations.

“Texas Farm Bureau is still reviewing this change and will monitor any impacts that it might have, but Texas farmers and ranchers desperately need another tool to help in the battle against the destructive wild pig population,” Gene Richardson, Commodity and Regulatory Activities director, said. “The damage to farmers’ and ranchers’ crops, livestock and equipment has continued to grow at an alarming rate.”

The regulatory status under the rule change will ensure safe handling and application of this product.

Richardson suggests farmers and ranchers check with TDA for a complete understanding of the requirements to use warfarin.

“A restricted-use pesticide license is required and you may have to complete a training course with your county agent,” he said.

Under the labeled use, landowners will be required to use an approved bait feeder. Bait food will be laced with warfarin, which is the same toxicant used to control rat populations.

There are currently an estimated one million wild pigs in the Lone Star State, causing about $52 million in damage to Texas land and agricultural enterprises, according to the Texas A&M AgriLife Extension Service.

Wild pigs continue to be a nuisance for landowners in both rural and urban settings. They are known for uprooting crops and pastures, along with entire city parks and landscapes. Their continued movement calls for high precautions when traveling on highways or county roads.

They have also contributed to loss of wetland habitation, water source contamination and soil erosion due to extensive rooting behavior around water sources.

Read the full article at http://texasagriculture.texasfarmbureau.org/article/Ag+Commissioner+Approves+New+Measure+for+Wild+Pig+Control/2723117/388436/article.html.

Protecting Farmers’ Rights

Jessica Domel

TFB places priority on potential ag lien legislation

Any farmer who has been hit by a grain bin closure or warehouse bankruptcy knows it can be devastating to your bottom line. That’s one reason Texas Farm Bureau (TFB) is working on potential legislation in Austin to protect farmers’ rights to their crop.

“We are working with all the various stakeholders to weigh in and participate in drafting a single bill. We are under a tight deadline, but it’s important that we carefully vet everyone’s concerns. Once the bill is filed, we can continue to pursue any necessary changes and make those further in the process,” Marissa Patton, TFB associate legislative director, said.

From Farm Bureau’s perspective, the legislation should do at least two things for Texas farmers.

“One, we want farmers who have their crop in open storage to have the ability to obtain ag liens,” Patton said. “Currently, ag liens are restricted to farmers who have their grain contracted to be purchased.”

The second, according to Patton, is the ability for farmers to obtain a lien when their grain is stored in licensed and bonded warehouses. Currently, licensed and bonded warehouses do not allow liens.

“We’ve seen various instances and situations that have happened in the past when farmers have been a part of warehouse failures or bankruptcies where they have seen a portion of the liquidated grain being used to pay for the administrative cost of the bankruptcy,” Patton said.

In the case of the Dorchester Grain failure, money from the sale of the grain was used to pay trustees.

“None of that should have ever gone toward the trustees because it was the farmers’ property,” Patton said. “It’s hard to understand needing a lien on something that you already own. There should never be an instance in which anyone has a superior security interest in a farmer’s crop other than the farmer, until payment is received. ”

TFB wants farmers who have not yet been paid for a crop they grew and harvested but is out of their possession to have a priority security interest in their crop until payment is received. This would apply to crops under contract, crops held in storage and crops held in licensed and bonded facilities.

Our main goal with this ag lien legislation is to allow a farmer to obtain additional financial protection on their own crop until payment. It’s only fair. This helps to ensure their lenders and employees are paid as well,” Patton said.

Some have raised concerns about farmers having a first lien on their crop potentially causing facilities to have difficulties getting financed.

“We are working with the lenders to the facilities who are concerned about their lien position on company-owned grain protection. As long as the farmer has been paid, we agree that the facility or their bank is the rightful owner of that crop,” Patton said. “Allowing farmers more tools to protect their financial position in their own crop should not result in passed down costs from the facilities unless the facilities or their banks are claiming a security interest in something that isn’t theirs to begin with,” Patton said.

A bill has not yet been filed on the issue.

“We are giving this issue the due attention it deserves, but are careful of the unintended consequences potentially at stake. This is a tough issue, which is why the stakeholder drafting process is critical and we are grateful to everyone participating,” Patton said.

Read the full article at http://texasagriculture.texasfarmbureau.org/article/Protecting+Farmers%E2%80%99+Rights/2723121/388436/article.html.

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