Image provided by: University of Oregon Libraries; Eugene, OR
About Capital press. (Salem, OR) 19??-current | View Entire Issue (Oct. 26, 2018)
14 CapitalPress.com October 26, 2018 Thurston County Conservation District supervisors claim rights violated Lawsuit filed as hearing date approaches By DON JENKINS Capital Press Two farmers claim their constitutional rights are being violated and say they are unde- cided about whether to attend a hearing that could lead to their dismissal as Thurston County Conservation District supervi- sors. Eric Johnson and Richard Mankamyer are invited to ap- pear before the Washington State Conservation Commis- sion on Dec. 7 in Lacey to answer to allegations they’ve damaged the district’s finances and reputation. Johnson and Mankamyer deny any wrong- doing and are suing the state commission, alleging the hear- ing will be too informal to get at the truth. In sepa- rate interviews Monday, Johnson and Mankamyer said they want Eric Johnson their accusers to testify un- der oath and be cross-exam- ined. “That’s what Ameri- ca is suppose to be about,” Mankamyer Richard said. Mankamyer The state commission set the meeting after a staff investigation concluded John- son and Mankamyer have sowed dissension, mistreated district employees and violat- ed district policies. The state commission has the power to remove conservation district supervisors for neglect of duty or malfeasance. Oregon ‘cottage food’ law showing benefits By GEORGE PLAVEN Capital Press A new study based on dozens of inter- views at farmers’ markets across Oregon finds the state’s Farm Direct Marketing Law, which took effect in 2012, is work- ing as advocates hoped, providing new revenue streams for small farms while reducing food waste. The law sought to clarify licensing and food safety requirements for di- rect-to-consumer sales at venues such as farmers’ markets and farm stands. In Or- egon, about 12 percent of farms engage in direct-to-consumer marketing — more than double the national rate — with $53 million in sales from an estimated 4,252 farms in 2015, according to the USDA. Part of the law establishes provisions for “cottage foods,” or homemade val- ue-added products such as jellies, canned fruit, pickled vegetables and relishes, using farm-grown produce. Under the rules, farmers can sell these goods di- rect-to-consumer without a food proces- sor’s license so long as they meet certain labeling requirements and sales don’t ex- ceed $20,000 per year. Every state except Hawaii and New Jersey has some sort of cottage food laws on the books. Opponents argue that re- duced regulatory scrutiny may lead to unsanitary practices that increase food- borne illnesses, though researchers with Oregon State University found no food- borne illness linked to the Farm Direct Marketing Law after its first five years. Rather, the study, published Sept. 12 in the Journal of Agriculture, Food Systems and Community Development, concluded the law has seemingly accom- plished exactly what it was designed to do, and “we expect more farmers will take advantage of this opportunity.” The study was funded in part by a grant from the USDA National Institute for Food and Agriculture, and led by Lauren Gwin, associate director of the Center for Small Farms & Community Food Systems at OSU. Researchers visited 20 farmers’ mar- kets during the 2016 season, interview- ing 18 farmers and 24 market managers about the Farm Direct Marketing Law. The top two benefits they mentioned were creating new, supplemental in- come streams and using excess produce to make valuable products such as salsa and preserves, turning potential waste into profit. One Southern Oregon farmer inter- viewed for the study said the law was “a huge boon to our farm,” providing an ad- ditional $10,000 per year in sales — not enough to afford the flat infrastructure cost it would take to have a facility, “but you know a small amount like $10,000 really helps out our farm for the year.” Other benefits discussed in the study include the ability for farmers to provide more healthful food choices in isolated, rural communities, and increasing food security in those areas. As one market manager said, “Every product that can be created in a community and sold at the market or a farmstand or CSA is one more thing that can actually be bought there, in rural communities that lack gro- cery stores.” When asked how to improve the Farm Direct Marketing Law, farmers mentioned a few barriers, mostly around improving public awareness and educa- tion about the rules. Others suggested expanding the cottage food exemption to include more products, or increasing the sales cap, and while researchers ac- knowledged more than half of states with cottage food laws have no limit on sales, “the political feasibility of this in Ore- gon is uncertain, due to ongoing concern about foodborne illness.” In one complaint, Johnson, the board’s chairman, is ac- cused of missing an important meeting that led to the district losing out on collecting prop- erty assessments this year. Johnson blames the district’s staff for missed deadlines. The district, with Johnson and Mankamyer’s support, has applied to the county com- missioners to restore the fees this year and collect about $577,000 next year. Johnson and Mankamyer attribute complaints against them to their questioning of staff members about district fi- nances. The state commission orig- inally planned to meet with Johnson and Mankamyer in October, but the meeting was pushed back at their request, the commission’s policy director, Ron Shultz, said. Johnson and Mankamyer will have a chance to speak and answer questions from the commission, but there will be no other witnesses or public comment, Shultz said. Shultz declined to comment on Johnson’s and Mankamyer’s lawsuit. The suit was originally filed in Thurston County Supe- rior Court, but may be moved to federal district court because it alleges their civil rights are being violated. The lawsuit argues that the two are entitled to a hearing under the state’s Administrative Procedure Act, which allows for witnesses and cross-exam- ination. “We want to be able to face our accusers,” Johnson said. The conservation commis- sion opted for a quicker and presumably less expensive resolution. Still, the conser- vation commission has put in a $300,000 budget request to cover the cost of investigating Johnson and Mankamyer and holding a hearing on their re- moval. The case will involve three lawyers from the attorney gen- eral’s office, a court reporter and a hearing examiner to con- duct the meeting, according to records submitted to the gover- nor’s budget office. The hearing on removing Johnson and Mankamyer is set for 8:30 a.m. Friday, Dec. 7, at the Department of Ecology headquarters auditorium, 300 Desmond Drive SW, Lacey. The hearing will be open to the public. In a related matter, the state commission is withholding $90,000 from the Thurston County Conservation District. The state commission says the district has failed to comply with the state’s public records and public meetings acts, failed to approve meeting minutes to keep the public informed and not shown “diligence in complying” with laws related to matters such as contracts, training, policies and labor laws, UI celebrates new Sandpoint Organic Agriculture Center Orchard features many heirloom apple varieties By MATTHEW WEAVER Capital Press SANDPOINT, Idaho — A new University of Idaho center devoted to organic agriculture is a “gem” within the UI’s statewide network, the agricultural dean says. The university held an open house Oct. 23 at the Sandpoint Organic Agriculture Center. The center is the first in the UI system to focus on or- ganic farming. Michael Parrella, dean of UI’s College of Agricultural and Life Sciences, said the center will address organic ag- riculture, bring back “the wonder and variety” of heirloom apples and ed- ucate students and offer outreach to the commu- nity. “Overnight, the Sand- point organic agricultur- al center became a gem in our college’s state- wide network when we took possession of this property on Aug. 1,” Par- rella said. The center has 640 apple, pear, cherry and plum trees and 1,000 Matthew Weaver/Capital Press The University of Idaho’s new Sandpoint Organic Agricul- ture Center is a first for UI. Matthew Weaver/Capital Press Michael Parrella, dean of the University of Idaho’s College of Agricultural and Life Sciences, holds up a jug of apple cider in the cooler of the new organic agriculture center Oct. 23 in Sandpoint, Idaho. feet of raspberry canes, said orchard operations manager Kyle Nagy. The property is 66 acres. A dormitory will house 36 students. Dennis Pence, who donated the Sandpoint Orchard land and build- ings, said the center pro- vides the university with a bigger presence in the Sandpoint area. The orchard grows 68 varieties of apples, most of them heirloom variet- ies. “I read that there was once in colonial times 2,000 varieties of apples grown in what is now the U.S.,” Pence said. “And a little over 100 years ago, there were 300 va- rieties of apples grown in the U.S. What hap- pened?” Pence began planting heirloom varieties to see what would happen. “I’m starting to look around and all this or- ganic agriculture, there’s a lot of things you could learn from this,” he said, recalling the germination of the idea for the new center. Pence said Parrella welcomed his ideas for the space, and he credit- ed it to Parrella’s Ph.D., in entomology. Pence and Parrella both cited recent concerns over a study that indicated a 75 percent decline in insects in parts of Germany. “That is something Michael understood be- cause he is a bug guy. If you’re an entomologist, you know what’s going on,” Pence said. “Some- thing is going on that’s really not healthy.” The center will re- search more sustainable approaches to farming, Pence said. “You have a facility that will be full of energy, intelligence and caring about the kinds of foods we all need for our health, welfare and (to) sustain our society,” Pence said. National forest logging on upward track, official says Federal forest policies discussed during recent timber industry tour By MATEUSZ PERKOWSKI Capital Press The volume of timber cut from Northwest national forests is in- creasing due to collaborative plan- ning and growing state involvement in logging projects, according to an Oregon forest supervisor. For example, the Willamette National Forest — Oregon’s fore- most timber producer and a regular top contender nationally — aims to generate 100 million board-feet in 2020, up from about 75 million to 80 million board-feet in 2018, said Tracy Beck, the forest’s supervisor. Last year, 66 million board-feet were harvested from the forest, ac- cording to federal statistics. Contrary to the common belief that federal logging projects are being tied up in litigation, lawsuits have only been a filed against a handful of the hundreds of projects in the area, Beck said at a recent timber industry tour in Corvallis, Ore. “We’re winning most of those cases,” he said. “I really feel like collaboration has helped keep us out of court.” Collaboratives are groups, such as nonprofits, that help steer the federal government’s thinking on logging and thinning projects and build agreement among the timber industry, environmental groups and others. Another recent tool that’s expect- Mateusz Perkowski/Capital Press Stephen Fitzgerald, director of OSU’s College of Forestry research forests, discusses forest treatments during an Oct. 19 tour in Corvallis. ed to increase timber volume from national forests is the “good neigh- bor” authority granted by Congress in 2014 that allows state govern- ments to carry out projects on federal land. While such logging projects are still subject to federal environmen- tal laws, states have more flexibility with contracting rules and are able to carry out projects more effective- ly, said Mike Cloughesy, forestry director of the Oregon Forest Re- sources Institute, which organized the tour. Federal contracting regulations are more complicated and have set wages for certain jobs — such as road crews — whereas state regula- tions allow for more cost-efficiency, he said. Earlier this year, Oregon lawmak- ers approved $500,000 for the Ore- gon Department of Forestry to assist with the planning and implemen- tation of projects under the “good neighbor” authority. As ODF increases its capacity to manage such projects, the Willa- mette National Forest hopes to even- tually reach about 120 million board- feet in timber volume, said Beck, the forest’s supervisor. The forest is estimated to produce about 1 billion board-feet a year in new timber. At roughly 650 million board- feet of timber harvested in 2018, the Forest Service region that includes Oregon and Washington this year achieved its highest volume in two decades, he said. “The future looks bright,” Beck said. The OFRI tour, held on Oct. 19, included a visit to new mass timber buildings under construction on Ore- gon State University’s campus using cross laminated timber and mass ply- wood, which are pre-fabricated pan- els that allow for the efficient assem- bly of multi-story wooden structures. The group of about 50 lawmak- ers, government officials and in- dustry representatives also walked through long-term research plots at OSU’s McDonald-Dunn Forest that analyzed different harvest and refor- estation methods. The university harvests about 7 million to 9 million board-feet a year from 15,000 acres that include the McDonald-Dunn and surrounding forests, said Stephen Fitzgerald, di- rector of research forests for OSU’s College of Forestry. Managing the forestland presents unique challenges due to the high volume of tourists and the proximity to residential homes, which can lead to controversies and compromises over forest management, he said. “You get the full range of emo- tions, from ‘Well, it’s your proper- ty’ to ‘I’m going to sue you,’” said Fitzgerald. The commission invited the district to a Sept. 20 meet- ing in Richland to explain how it would meet the ac- countability standards. John- son said he had less than two weeks notice about the meet- ing and there wasn’t time for the board to meet and agree on a response. He said Mon- day that he also was busy that day taking his son to college. Shultz said Thurston County was the only one of the state’s 45 conservation districts to lose out on the annual allocation from the state commission. The money could be restored if the district corrects the shortcomings, he said. Johnson and Mankamyer said the Thurston County dis- trict is already in compliance. Their lawsuit names Shultz, conservation com- mission Executive Director Mark Clark and eight com- missioners. Idaho courses set for Produce Safety Rule compliance By BRAD CARLSON Capital Press The Idaho State Depart- ment of Agriculture and Uni- versity of Idaho Extension are slated to host three Produce Safety Alliance courses to pre- pare fresh-pro- duce growers to meet re- quirements Pamm Juker under the U.S. Food and Drug Administration’s Food Safety Modernization Act Produce Safety Rule. Idaho on-farm inspections will start in 2019. Designated representatives of covered farms — those meeting an annual revenue minimum — must complete FDA-approved training. The state Department of Agricul- ture and UI said the Produce Safety Alliance Grower Train- ing Curriculum currently is the only FDA-approved pro- gram. Sessions are scheduled from 8 a.m. to 5 p.m. Nov. 14 at University of Idaho Ex- tension, Twin Falls County Office, 630 Addison Ave. W., Suite 1600, Twin Falls; from 8 a.m. to 5 p.m. Nov. 19 at UI Extension, 1904 E. Chica- go St., Caldwell; and from 10 a.m. to 6 p.m. Dec. 7 at Payette Public Library, 24 S. 10th St., Payette. Cost is $25. Funding sources include an FDA grant. The Produce Safety Rule establishes science-based min- imum standards for growing, harvesting, packing and hold- ing produce generally con- sumed raw. The rule covers farms with more than $25,000 in annual produce sales. The Idaho Legislature this year au- thorized ISDA to enforce the federal rule and conduct on- farm inspections. Pamm Juker, FSMA ad- ministrator for ISDA, said the inspections will be announced and scheduled. For the largest farms, they will start in 2019, she said. Meanwhile, ISDA this fall has been conducting voluntary, non-regulatory, on-farm readi- ness reviews. She said these reviews aim to prepare farmers for regulatory inspection and help them “align what they are doing with the requirements of the rule, implement produce safety practices and provide an opportunity to meet the Idaho regulatory team.” Readiness reviews can be scheduled through ISDA at 208-332-8500. So far, Juker said, some produce growers have ex- pressed confusion between the required regulatory inspection and third-party audits. “They are not the same,” she said. “There is a difference, and sometimes farmers think: ‘I am having an audit, so I don’t need a produce safety in- spection.’ That is not the case.” The produce safety inspection is a regulatory requirement, in contrast to the third-party audit that is generally required by a buyer such as a grocery retail- er, she said.