Several farm groups, led by the International Fresh Produce Association, filed a lawsuit Tuesday evening against the Department of Labor’s H-2A rule finalized in April.
The rule specifies that employers cannot retaliate against any H-2A visa-holder who has engaged in labor-organizing activities. The lawsuit filed by IFPA and nine co-plaintiffs argues that this illegally gives temporary agriculture workers collective bargaining rights, restricts the First Amendment rights of farmer employers and created onerous burdens for state governments and employers.
In the lawsuit, which was filed in the Southern District of Mississippi, plaintiffs request a permanent injunction of the rule. A case brought by 17 state attorneys general similarly requested an injunction of the rule. In August a court found the rule unconstitutional but declined to issue a nationwide injunction. Instead, the court enjoined enforcement of the rule in the 17 states.
IFPA CEO Cathy Burns said in a statement that without certainty in the H-2A program, it is more difficult for the fresh produce industry to grow and harvest the products consumers want and expect throughout the year.
“DOL is exacerbating an already enormously challenging labor crisis for growers and agriculture employers across the country,” Burns said. “IFPA has challenged the DOL’s damaging regulation at every stage of the rulemaking process, and this lawsuit is the next step in our work to protect the fresh produce industry.”
Co-plaintiffs include the American Farm Bureau Federation, AmericanHort, U.S. Chamber of Commerce, Florida Fruit & Vegetable Association, Mississippi Farm Bureau Federation, Stone County Farm Bureau, North American Blueberry Council, Texas International Produce Association and the state of Mississippi.
Phosphate production infrastructure in Hurricane Milton’s path
Phosphate production facilities that produce about 61,500 tons daily are in the direct line of Hurricane Milton in central Florida, according to Josh Linville, vice president of fertilizer at StoneX.
“They built these facilities to withstand storms, but they can only control what they build,” he told Agri-Pulse. “What they can't control is things like the electrical grid, like water supplies, like the workers being able to make it to work. Those are the tangents that really start to affect them on a longer-term scale.”
The storm comes at a time when fertilizer year 2024 ended with “very low” inventory levels, he said. Widespread fall phosphate application is less than 30 days away.
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“This is a direct shot. This literally does not get much worse than what they're forecasting,” Linville said
Nearly 10 million pounds of meat and poultry products recalled over listeria
Oklahoma-based BrucePac has recalled nearly 10 million pounds of ready-to-eat meat and poultry products after some items tested positive for listeria.
USDA’s Food Safety and Inspection Service announced the recall Wednesday and listed it as a “high class” health risk. The contamination was found after routine finished product testing by FSIS revealed listeria. Further investigations identified the company’s ready-to-eat chicken as the source of the contaminant.
The recalled items were produced from June 19 to Oct. 8 and shipped to other establishments and distributors nationwide. Products were then sent to restaurants and other institutions.
So far there have been no reports of illness associated with the products.
August pork exports higher than a year ago, while beef exports fall
Pork exports in August were up 6% over a year ago but were still the second-lowest month in 2024, the U.S. Meat Export Federation said.
Export value increased 8% to $702.9 million from last August, USMEF said. In addition to strong results in Mexico, “exports trended higher to Central and South America, the Caribbean and the ASEAN region. August shipments to Malaysia were record-large, while exports to Colombia achieved a value record.”
From January through August, pork exports were a bit less than 2 million metric tons, an increase of 4% from a year ago, and value rose 7% to $5.68 billion. “Pork export value was on a record pace through August, and USMEF projects both export volume and value will reach record highs in 2024,” USMEF said.
Although beef exports increased to Mexico, Taiwan and the Middle East, they were lower overall. At 102,682 metric tons, exports were down 6% vs. August 2023 — their lowest since January, USMEF said. Beef export value shrank 4% to $845.9 million.
Peterson: Farm bill possible by December, but work needs to start now
Former House Ag Committee Chair Collin Peterson, D-Minn., believes a December farm bill is possible. But it will require the House and Senate Ag committees to begin working to iron out some of their differences, like pay-for, before November elections.
Peterson said he’s “optimistic” the farm bill could still be passed in December, especially since he’s heard staff in both chambers intend to begin meeting to discuss paths forward on the bill. But, he added, “the stars would have to line up and they have to get started now."
Take note: Peterson said Hurricane Helene, as well as droughts in Texas and the Southwest, may prompt a push for an ad hoc disaster program, particularly by lawmakers who aren’t currently on the committee. This, he said, could complicate farm bill efforts because “a lot of the members are not going to understand why they can’t be done together."
Final word: “Tim was a steadfast leader who dedicated his life to serving the people of South Dakota with integrity and compassion. He fought tirelessly for rural America and leaves a legacy that will have a lasting impact for years to come.” – Sen. John Thune, R-S.D. on the passing of Tim Johnson. See our story here.
