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THE DIRT ON POLICY:

What Lawmakers Are Planting in Your Industry

Ashley Thomas, Specialty Crops Director

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ABOUT US

Who We Are

North Carolina Farm Bureau Federation was formed in 1936 as a non-profit general farm organization to serve farmers and provide a unified voice for the interests and needs of the farming community. Today, North Carolina Farm Bureau serves as an advocate for our members at the local, state, national, and international level - providing educational, economic, public affairs, marketing, and various other services to our members. Over the years, North Carolina Farm Bureau Federation has grown into the largest general farm organization in the state with more than 621,000 member families, yet we remain true to our grassroots heritage and steadfast in our mission to advocate

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FARM PROFIBILITY

Keeping family farms in business and farm land in production is tied back to the profitability of the farm.

1.

NC FARM ACT

DISASTER RELIEF

LABOR

REGULATIONS

4.

2.

3.

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2025

NC FARM ACT

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2025 SESSION

  • SB 639: The NC Farm Act of 2025
    • Two controversial provisions: Raw Milk & Failure to Warn
  • Failure to Warn
    • Section 19: creates a legal presumption that pesticide manufacturers meet their duty to warn if their product has an EPA-approved label under FIFRA, making it much harder for plaintiffs to sue for undisclosed risks, requiring them to prove the EPA's scientific basis was flawed and the manufacturer knew it.

Less litigation = more crop protection tools for farmers

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WHAT’S NEXT?

  • NC Farm Act:
    • Passed NC Senate
    • NC House passed a different version of the farm act, SB 401, NC Farm Act of 2025
      • NC Senate voted not to concur on the bill.
      • NC House version did NOT include the crop protection measure that NC Farm Bureau supported.
    • Bill now sits in a conference committee

  • Short session begins April 2026.
  • The 2026 primary election is Tuesday, March 3, 2026.

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DISASTER RELIEF

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YEARS FULL OF DISASTERS

  • 2024 Drought
  • Hurricane Helene
  • Tropical Storm Debbie
  • High Input Cost - Low Prices
  • Market Loss

HELP IS ON THE WAY…??

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FEDERAL PROGRAMS

SUPPLEMENTAL DISASTER RELIEF PROGRAM (SDRP)

  • Over $16 Billion in funding

MARKETING ASSISTANCE FOR SPECIALTY CROPS (MASC)

  • $2.65 billion in total funding

USDA BLOCK GRANT

  • $221.2 Million Grant Agreement

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FARM BRIDGE ASSISTANCE

FARM BRIDGE ASSISTANCE PROGRAM (FBA): $11 Billion

    • Row Crops
    • Payments expected end of February

ASSISTANCE FOR SPECIALTY CROPS FARMS (ASCF): $1 Billion

    • MARCH 13th – Deadline to update acreage reports
    • Payment rates expected end of March
    • PEACHES ARE INCLUDED

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NC AG DISASTER CROP LOSS

AGRICULTURAL DISASTER CROP LOSS PROGRAM

  • NC lawmakers passed a series of bills that provided funding for the Agricultural Disaster Crop Loss Program, with the total allocated for ag disaster relief from all 2024 events.
  • Totaling $478 million
  • Some of the dollars were allocated for Helene-impacted counties
  • NCDA&CS began mailing checks to Ag Disaster Crop Loss program applicants at the end of August.

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LABOR

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LABOR WINS

  • Farm Labor Survey Suspended
  • 2023 Adverse Wage Rate Methodology Rule Vacated
  • Prefer Rate by States over Regional Wage Rates
  • Adjustment for nonwage costs

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CURRENT

  • Rulemaking: Administrative
  • Legislation: Congressional
  • Litigation: Judiciary

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ADMINISTRATIVE CHANGES

  • JUN 23rd: DOL Announces Office of Immigration Policy
  • AUG 25th: DOL Establishes Staggered Entry Flexibility
  • AUG 28th: USDA Discontinues Farm Labor Survey
  • SEP 2nd: DOL Temporarily Halts Labor Certification Fee Collection and Payment System
  • OCT 2nd: USCIS Streamlines H-2A Filing Process

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USDOL INTERIM FINAL RULE

  • Interim Final Rule
    • Published in the Federal Register on October 2nd and became effective immediately.
    • Comments were accepted for 60 days
    • Over 800 comments were submitted.

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AEWR INTERIM FINAL RULE (IFR)

  • FLS Discontinued: How will wages be calculated?
  • Wages derived from the Bureau of Labor Statistics’ Occupational Employment and Wages Statistics (OEWS) data.
  • Two different wage rates per state based on the skill level required for the JOB OFFERED:
    • Skill Level I: Entry Level
    • Skill Level II: Experienced Level
  • Primary Duties Test: employee must perform a job duty for more than 50% of their workdays.

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IFR WAGE ADJUSTEMENTS

  • Each state receives a maximum hourly deduction for H-2A worker wages
    • Housing and Urban Development (HUD): fair market rent for a 4-bedroom house
  • AEWRS and housing adjustments are posted every July
  • NC WAGE ADJUSTMENT: $1.69

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NC 2026 AEWR

  • SKILL LEVEL I: $11.09 (with adjustment)
    • Entry-level/less-experienced jobs
    • Includes workers performing standard ag tasks with minimal prior experience
    • Accounts for majority of field positions
  • SKILL LEVEL II: $14.70 (with adjustment)
    • Experience/higher-skilled
    • Includes workers with specialized skills, greater experience or responsibilities requiring additional training

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AEWR INTERIM FINAL RULE

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AEWR INTERIM FINAL RULE

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NC 2026 AEWR

  • RATES WILL CHANGE IN JULY

Communicate with your H2A Workforce Agent/Provider regarding specific needs for your operation

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AEWR INTERIM FINAL RULE

  • WHAT WE LIKE:
    • Immediate relief for most farms
    • Accounts for nonwage costs
    • Wages by state, rather than region

  • TOPICS FOR CONSIDERATION:
    • No additional yearly consistency
    • No survey is perfect
    • Lowering AEWRS can trigger prevailing or state minimum wages
    • Administrative complexity: How will this be implemented and practiced?

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LEGISLATIVE OPPORTUNITES

  • Border security has been a priority – now urging Congress to prioritize visa reform, including H-2A.
  • “Secure the Border Act” passed the US House last Congress, then stalled in the Senate.
    • Urging them to reintroduce and include visa reform
  • Ag Chairman GT Thompson continues to work on a bill derived from the Committee’s Ag Labor Working Group report recommendations.
  • Introduce legislation that includes IFR positive steps

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LEGISLATIVE OPPORTUNITES

  • Appropriations
    • Riders with unanimous ag support:
      • Two-year AEWR freeze
      • Amend seasonality definitions to allow year-round ag operations.

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2025 IFR RULE LITIGATION

  • United Farm Workers
    • November 21st: filed lawsuit challenging IFR
    • Filed in California federal district court
    • Asked the court to temporarily stay the rule while the lawsuit moves forward
    • February 5th: deadline for parties to complete briefing process

THERE IS NO TIMELINE FOR THE COURT TO ACT

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MAKE AMERICA HEALTHY AGAIN?

WHEN POLICY IS SHAPED BY HOW NATURAL SOMETHING SOUNDS VS. HOW SAFE SOMETHING IS, WE HAVE OFFICIALLY LOST THE PLOT.

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THE MAHA MOVEMENT

  • First MAHA Report: May 22nd
    • Blamed agricultural practices for chronic diseases
    • Specifically named atrazine, glyphosate, and seed oils as culprits
    • DID say that we need to have more fruits & vegetables in our diets
  • Second MAHA Report: September 9th
    • Approach turned to “studying the effect”
    • No mention of specific chemicals
    • Wanted to see improved diets

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THE MAHA MOVEMENT

  • What could this mean for our farmers:
    • Loss of crop protection tools?
    • Reduced yields from organic-only mandates?
    • Increased operating costs?
    • Policy compliance burden?
    • FURTHER market disruptions?

FOOD SECURITY = NATIONAL SECURITY

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DOES BIGGER = BAD?

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Get Connected With Us

(336)-504-0083

www.ncfb.org

ashley.thomas@ncfb.org

5301 Glenwood Avenue

Raleigh, NC 27611

Ashley Thomas

Specialty Crops Director

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COALITIONS: UNIFIED MESSAGE

  • FOIA Request: Multi-state ag labor coalition
  • NC Chamber- A Broken Baseline: The Flawed Economics Behind AEWR Calculations
  • Grow it Here: highlighting ag labor shortages
  • Ag Workforce Coalition: American Farm Bureau & Western Growers Co-Charis

NC Agriculture MUST continue supporting efforts to build consensus through organizations, associations, coalitions and farmers.

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FARM BILL

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FARM BILL

  • Sets the policies and programs that govern agriculture and food production in the US, including support for farm income, conservation, trade, and nutrition assistance
    • Historically, a 5-year bill

  • Last Farm Bill was authorized in 2018
    • Bill expired in November 2023
    • Have been working off yearly extensions since then

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FARM BILL

  • Food Security
  • Jobs
  • Conservation
  • Risk Management
  • Addressing Hunger

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H.R. 1: ONE BIG BEAUTIFUL BILL

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H.R. 1: ONE BIG BEAUTIFUL BILL

  • Reconciliation bill signed into law July 4th, 2025
  • Included a lot of language that we normally have in the Farm Bill (but not everything)
    • Extends key commodity support programs: PLC, ARC, new base acres, payment limits
    • Updates to crop insurance: beginning farmers, SCO eligibility
    • Specialty Crop Research Funding
    • SNAP

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TAXES & BUSINESS

Provisions Benefiting Farmers & Rural Businesses:

    • Permanency of 2017 Individual Tax Code Provisions
    • Estate Tax Relief for Family Farms

Enhanced Business Expensing and Depreciation:

    • Raises Section 179 small business expensing limits to $2.5 million
    • Permanently restores full bonus depreciation for capital investments
    • Clean Fuel Production Credit (Section 45Z)

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SPECIALTY CROPS

  • Increased funding for Specialty Crop Block Grant Program
    • 2025: $85 million
    • 2026: $100 million
  • Extends organic cost share certification program through 2031
  • Boost to Plant Pests & Disease Management and Disaster Prevention Program
    • From $75 million to $90 million in 2026
  • $10 million to reauthorize organic market data collection through 2031
  • $5 million in 2026 to modernize systems for tracking organic imports
  • $5 million for USDA pesticide use survey in 2026

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NUTRITION

  • Nutrition is over 80% of the Farm Bill
  • Reforms:
    • Updated work requirements
    • Modifying utility allowance rules
    • Continued funding for food banks
    • Thrifty Food Plan reevaluation
    • Admin cost-sharing with states
  • Expected savings: $185.9 Billion

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NUTRITION

  • Nutrition is over 72% of the Farm Bill: Expected savings: $185.9 Billion

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NUTRITION

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NEXT STEPS: SKINNY FARM BILL

Will make policy and program changes not included in reconciliation

  • Address Proposition 12 and provisions related to animal health and management
  • Creates standing block grant authority for appropriated disaster funds
  • Precision agriculture cost-shares in conservation programs
  • Improve administration and modernize PL 566 (Small Watershed Program)
  • Require a Specialty Crop Report to increase American competitiveness
  • Reauthorize rural broadband programs
  • Continued funding for research and extension programs
  • Require the USDA to study impact of solar on farmland
  • Regulatory reform based on science and transparency in agriculture
  • Expand crop insurance for specialty crop producers

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LABOR

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H2-A & AEWR

H-2A PROGRAM

  • Federal guest worker visa program that allows U.S. farms to hire temporary foreign agricultural workers when domestic labor is unavailable
  • Jobs are offered to U.S. citizens first. But, there isn’t a candidate pool for labor-intensive jobs
  • Employer must provide housing, transportation, and meet strict labor standards

AEWR (ADVERSE EFFECT WAGE RATE)

  • Minimum hourly wage employers must pay H-2A workers
  • Set annually by the U.S. Department of Labor
  • Intended to protect U.S. workers by preventing downward pressure on wages

BUT HAS IT PROTECTED LOCAL FARMS, JOBS & FOOD?

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NC 2025 AEWR: $16.16

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AEWR STUDY

A Broken Baseline: The Flawed Economics Behind AEWR Calculations

  • Cost of Living instead of Farm Labor Survey? 2022 - $12.48
  • $10.7 billion in additional domestic fruit & vegetable output
  • 91,800 more full-time U.S. jobs in fresh produce
  • $7.6 billion in reduced imports
  • U.S. fresh fruit and vegetable consumption: 359 million pounds higher

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HISTORIC LABOR CHANGES

  • 2023 Adverse Wage Rate Methodology Rule Vacated
  • Farm Labor Survey Suspended
  • Interim Final Rule: revising AEWR methodology

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AEWR STUDY

A Broken Baseline: The Flawed Economics Behind AEWR Calculations

  • Cost of Living instead of AEWR? 2022 - $12.48
  • $10.7 billion in additional domestic fruit & vegetable output
  • 91,800 more full-time U.S. jobs in fresh produce
  • $7.6 billion in reduced imports
  • U.S. fresh fruit and vegetable consumption: 359 million pounds higher

QR CODE: https://ncchamber.com/a-broken-baseline-the-flawed-economics-behind-aewr-calculations/

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FOIA REQUEST

  • NCFB joined a multi-state coalition to file a FOIA request with USDA.
  • Goal? To obtain detailed information on how USDA calculates the Adverse Effect Wage Rate.

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HEAT STRESS

SUMMARY: develop and implement injury and illness plan (HIIPP)

  • Initial heat trigger: 80°F
    • Drinking water: “readily accessible” and “suitably cool”
    • Acclimatization phase-ins, worker communication
  • High heat trigger : 90°F
    • Mandatory breaks: 15 min every 2 hours
    • precautions for observation of symptoms, hazard alert communication

***FOR ALL OUTDOOR AND SOME INDOOR OCCUPATIONS***

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HEAT STRESS