It’s hard to believe that the legislative session has already surpassed what, in normal years at least, could be considered the halfway point.  At this time, bills must pass out of their chamber of origin in time for crossover (March 12 was the deadline for most bills but those requiring an appropriation or financing have until March 19) in order to remain on the table for this year’s session.  

           Rural Vermont’s policy team has been busy these first few months of the session, advocating and organizing around our core issues.  Some of the bills we have been closely tracking include: H. 218, a bill that would expand raw milk community sales;  H. 420, a miscellaneous ag bill that includes a clause to repeal the sunset of on-farm slaughter; S. 102, the food residuals on farms bill, and; S.25, the miscellaneous cannabis regulation bill.   You can read more about these bills and other legislative updates here. 

           While RV’s policy team has been concentrating on key strategic priorities, there are several other bills in the food and agriculture arena that have been gaining traction.  Many of these bills have benefitted from the advocacy of our friends at Action Circles and their clients.  This spring, our Operations Director, Emma Paradis, is a Legislative Intern with Action Circles and has been helping to monitor these other bills of note.  Here are a few highlights:

•  H. 315, An Act Related to COVID-19 Relief - This bill, which is being used as a vehicle to expedite funding for purposes related to COVID relief or that would benefit from receiving money sooner than later, passed out of the House February 26th. The bill passed by the House included $3M in one-time funding for Working Lands Program and $1.367M for the the Vermont Food Bank’s Farmers to Families Food Box Program so that it could continue through February.  Other appropriations included support for housing, businesses, and new Americans, refugees and immigrants, grants to Reach Up participants, and money for school indoor air quality.  The bill passed out of the Senate Appropriations Committee on Tuesday, where several changes were made, including $10M in grants for businesses who have not yet received federal COVID assistance.  The committee’s version of the bill allocates $500K of the $3M appropriated to Working Lands to address the slaughterhouse bottleneck issue through grants for slaughter, meat processing and training proposals. They are also including funding to get a new payment for ecosystem services program up and running.  While the House bill only included CRF (covid relief funds) and general funds, the Senate Appropriations Committee is planning to use ESSER (Elementary and Secondary School Emergency Relief) funds as well that are now available to fund initiatives such as summer meals, after school programs and other educational programs.  The bill also includes a provision to utilize American Rescue Plan dollars where permitted once they are made available.  

•  S. 100, “Farm Fresh School Meals for All” bill - This bill would require all schools to provide breakfast and lunch to all students free of charge, implement a grant program to incentivise schools to purchase local food, and fully fund the Farm to School and Early Childhood Grant Program. The is sponsored by the Senate Agriculture Committee and is currently in Senate Appropriations.  If passed, in addition to supporting food security and addressing the stigma attached to the free lunch program, this bill would also benefit Vermont farmers by growing the institutional market. Action Circles has been a lead advocate for this bill as it impacts two of their clients directly and you can read a VTDigger article about the bill here.

• H. 434, an act related to establishing the Agricultural Innovation Board - This bill would replace the Pesticide Advisory Council with the Agricultural Innovation Board, tasked making recommendations to the Legislature and Governor about the prioritizing and coordinating implementation of recommendations from groups such as the Soil Health and PES working group and the Vermont Climate Council.  They would also make recommendations about reducing the use of pesticides and synthetic fertilizers.  The bill was voted out of House Appropriations on Tuesday and is sponsored by the House Ag Committee. 

• H. 89, an act relating to limiting liability for agritourism -  This bill that has passed out of the House and is currently in Senate Judiciary Committee would limit the liability of providers of agritourism if a participant is injured from risks inherent to the activity.  

• H. 171, an act relating to the governance and financing of Vermont’s child care system - This bill focuses on making much needed investments in Vermont’s childcare system.  In the long term, this bill sets the goal that no family participating in the Child Care Financial Assistance Program (CCFAP) shall pay more than 10% of their income towards childcare by 2023, and by 2026, no family shall spend more than 10% of their income on childcare.  It includes a $5.529M appropriation for FY22 to achieve this, with a note of intent to meet or exceed this additional amount each year until these goals are met.  In the short term, this bill expands the lower eligibility limit for CCFAP with no co-pays from families at 100% FPL to 150% FPL, and expands subsidies to those making up to 350% FPL.  There are additional provisions that invest in childcare providers and the Bright Futures Information System (BFIS), create an advisory committee to advise on the BFIS project (including seats for parents and other relevant stakeholders), and require reports on the cost and financing of expanding childcare assistance. The bill passed out of House Human Services on March 9 and is currently in Appropriations. While childcare has been voiced as a priority this session, it is unclear whether this bill will make it out of the House in time for crossover.

Just before the crossover deadline, the House Cmte on Agriculture unanimously voted H.218, the bill that would expand raw milk sales to farmstands and CSAs in Vermont for tier two producers, out of committee. On 3/17/21, the bill passed second reading on the House Floor. On 3/18/21, an ill-informed and detrimental amendment was proposed by Reps Rosenquist and Honga, but thankfully was defeated 81-15 on the House Floor. The bill was passed out of the House on third and final reading on 3/19/21. The bill now goes to the Senate Ag Cmte. The current version of the bill is available here.

YOU did this! Not all members of the Cmte were inclined to work on this bill before hundreds of farmers and customers contacted them about its importance and signed onto letters of support. A detrimental amendment was proposed and you again raised your voices on behalf on the raw milk community and squashed a proposal that would have been directly harmful, not to mention impossible, for producers. THANK YOU.

Thank you for the leadership and wisdom of the raw milk farmers and CSA and farmstand owners that took time away from the farm to provide compelling testimony on this issue, and thank you to all of the farmer leaders who guide this work everyday.

Rep. Heather Surprenant has been an amazing advocate for this bill. Please consider thanking her for her leadership, as well as the other members of the House Ag Cmte, who voted unanimously against the amendment on the House Floor. We thank all of the committee members for their work on this bill. 

What’s in the bill:

• Tier two raw milk producers would be able to sell raw milk at other farm’s farmstands and CSAs within the state of Vermont (the 30 mile limit was removed)

• The requirement to verbally inform each customer of the need to refrigerate milk is removed

• The CSA or Farmstand selling the milk will maintain the required transaction records and customer contact records required by existing law. Farmstand and CSA owners will transfer this information to the raw milk producer within one week. 

• Milk must remain below 40 degree Fahrenheit at all times 

• The milk producer must notify VAAFM of any CSA or farmstand locations their milk is being sold. These locations will be subject to inspection by VAAFM. 

• The farm producing the milk and the farm selling the milk must have a conversation and mutual understanding about shared liability of this product

• The farmstand or CSA where milk is sold must display the 8.5x11 warning sign: “Unpasteurized (Raw) Milk. Keep Refrigerated. Consuming raw unpasteurized milk may cause illness, particularly in children, seniors, persons with weakened immune systems, and pregnant women.”

• All labeling and other requirements of the law remain the same

• The cmte added language to the statute to clarify the existing requirement that rabies vaccines, tuberculosis, and brucellosis tests must be conducted by a licensed veterinarian

• If successful, these changes would go into effect July 1, 2021

Questions? Contact mollie@ruralvermont.or

We continue to work with a group of farmers and grazing experts to advocate on this issue, and to understand how animal welfare complaints are responded to in VT.  We have brought in more farmers to testify in Committee, have attended and provided public comment at the Livestock Care and Standards Advisory Council, and have met with the State Veterinarian - Kristin Haas.  There is resistance to the language we have offered, but there is an interest in making sure the concerns we have brought to the table are addressed.  We are currently seeking clarity on interpretation of legal language to understand how to appropriately move forward.

As a reminder, NOFA VT and Rural VT are working with farmers, grazing professionals, and others to offer amendments to, and testimony on, Act 116 – Adequate Shelter for Livestock.  This law requires livestock to have access to shelter or shade at all times, and last year the exemption for “any accepted housing or grazing practices for any livestock industry” was removed, and the definition for adequate shelter was refined.  Our organizations and a number of farmers and grazing professionals who testified to the House Agriculture Committee on multiple occasions now feel strongly that:

1. Access to shelter and shade at all times for all livestock is not necessarily an indicator of animal welfare or abuse. 

2. Current language in Act 116 disproportionately impacts the grazing community (in particular farmers practicing Adaptive Multi-Paddock Grazing - AMP Grazing) and farms which happen to be more in the public eye. 

3. Current language in Act 116 conflicts with Current Use laws when it comes to integrating agricultural land in Current Use with forestry land in Current Use in order to provide access to shade for livestock. 

4. It is important to have language in the law that accurately reflects conditions of animal abuse and mistreatment, and which accounts for progressive livestock and land management methods.  It is critical to have people who are professionally trained in diversified livestock management, and in assessing livestock condition and welfare, responding to reports of abuse and neglect in order to make an accurate and informed assessment of the situation.  In lieu of this, the Agency of Agriculture is required by law to be consulted prior to any enforcement action, to "provide guidance to the law enforcement community", and "the Agency's Animal Health Section personnel are available to assist humane and law enforcement agents for purposes of determining if a situation represents an acceptable husbandry practice (VAAFM website, https://agriculture.vermont.gov/animal-health/animal-welfare)."

We are offering these proposed amendments which are based on the National Organic Program Standards (NOPs).  This language changes the requirement for shade / shelter to be based on “inclement weather” which may threaten animal welfare (extremes of heat, cold, etc.) – as opposed to the current language requiring access to shade / shelter at all times regardless of environmental conditions.

As the implementation of Act 164, Vermont’s Taxation and Regulation of Cannabis Law, continues to be approximately 2 months behind schedule - Rural Vermont and our coalition have been quite active in the legislature over these past two weeks prior to cross-over providing testimony in support of our proposed amendments to Act 164. 

Members of our coalition from the Vermont Growers’ Association, the Vermont Racial Justice Alliance, NOFA VT, and Trace VT were present and presenting in the Sen. Judiciary, Sen. Government Operations, and Sen. Agriculture Committees.  We have been working with Senators Sears and White (Chairs of the Senate Judiciary and Senate Government Operations Committees respectively) to consider our agricultural proposals to S.25, an Act Relating to Miscellaneous Cannabis Regulatory Procedures.  Our coalition partner the VT Racial Justice Alliance has a bill in the House, H.414 - An Act Relating to Cannabis Social Equity Programs (which comprehensively includes the coalition’s racial equity proposals) - and has also been working to bring language from that bill into S.25.  Our original intention was to have all of our proposals in one bill - however, we have been unable to achieve that to this point, and continue to work towards this outcome.

It has been a primary goal of our coalition to be given time in an agricultural committee, and we were briefly given that opportunity last week in Senate Agriculture - thanks to the support of the Senate Judiciary and Senate Government Operations Committees which felt that our proposals were in the domain of the Agricultural Committee.  However, after providing testimony which multiple committee members supported based upon its “merit” - we left with the messages that it was too late in the process, and too politically unfeasible to include any of our suggestions.  They also felt that some of our goals could be addressed through the CCB rulemaking process - which we expressed concerns about. 

We are disappointed by the inaction of the Senate Agriculture Committee, and the very limited time which has been devoted to agricultural understanding, equity, and access in shaping this law. By the end of the week, we will know if our advocacy has affected any substantive change in S.25 which will be carried through to the House after Cross-Over. We understand that given this law is in its infancy, it will continue to be actively reformed legislatively and through rulemaking for years to come.  We will continue to work legislatively - and in the eventual rulemaking process - to address racial equity, economic equity, and agricultural access in VT’s cannabis regulations. 

What can you do?

-        Voice your support for cannabis being regulated as an agricultural product and the amendments to S.25 and Act 164 being proposed by the coalition of Rural Vermont, The Vermont Racial Justice Alliance, NOFA VT, the Vermont Growers Association, and Trace VT by contacting your representative and members of the House and Senate Agriculture and House Ways and Means Committees. 

-        Consider providing public comment in the Rulemaking Process which will be undertaken by the Cannabis Control Board (potentially this late Summer or Fall)

-        Continue to monitor this issue and be in touch about your ideas and concerns!

Rural Vermont joined 22 organizations requesting a formal Legislative Review of the Organics Management Hierarchy and the Source Separation provision of the URL, and the Agency’s current implementation of these sections. Read the letter here. Interested in this issue? Contact caroline[@]ruralvermont.org

NFFC summary of Legislative happenings in D.C.

• There has been a flurry of activity in Congress over the past week to advance another COVID-19 relief bill, through budget reconciliation, as the economy continues to face stiff headwinds. Top line funding allocations for the food and agriculture sector include:

  • $3.6 billion for general food supply chain management, such as purchasing and distributing commodities (including produce, meat, dairy, and seafood)

  • An extension of a 15 percent boost in Supplemental Nutrition Assistance Program (SNAP) benefits through the end of September.

  • $1 billion in funding for institutions that provide technical assistance to farmers of color.       

  • $100 million to help small-scale meat processors cover the cost of overtime inspection.

Of particular note, the package includes the Emergency Relief for Farmers of Color Act, introduced by Senators Warnock, Booker, Luján and Chairwoman Stabenow, which offers FSA debt relief to farmers of color who have historically faced discrimination in USDA’s loan programs. We at NFFC support Emergency Relief for Farmers of Color Act and continue to push Congress to extend this much needed debt relief assistance to all small-scale producers with FSA debt through the Relief for America’s Small Farmers Act in the next round of COVID 19 relief legislation.

• On February 8th Senators Booker, Warren, Gillibrand, Smith, Warnock, and Leahy reintroduced the Justice for Black Farmers Act for the current Congressional session. NFFC continues to support this landmark bill, which includes provisions that our members and staff advocated last year, including land access mechanisms for Black farmers, protections for heirs property owners, a mandate to USDA to study and publicly disclose corporate land investment trends, and reforms to the livestock sector to support farmers rights and market competition.

• On Thursday 4th, Sen. Klobuchar, with Senators Blumenthal, Booker, Markey, and Schatz introduced the Competition and Antitrust Law Enforcement Reform Act. While not specific to agriculture and the food system, the bill has been widely heralded as strengthening anti-trust law to support competitive markets.

NOFA VT and Rural VT are working with farmers, grazing professionals, and others to offer amendments to, and testimony on, Act 116 – Adequate Shelter for Livestock.  This bill was amended last year to require livestock to have access to shelter or shade at all times, and removed the exemption for “any accepted housing or grazing practices for any livestock industry” (leaving the exemption for dairy in place).  Our organizations and a number of farmers and grazing professionals who testified to the House Agriculture committee on February 2nd, and who have been corresponding about this law, feel strongly that:

1. Access to shelter and shade at all times for all livestock is not necessarily an indicator of animal welfare or abuse.  

2. Current language in Act 116 disproportionately impacts the grazing community (in particular farmers practicing Adaptive Multi-Paddock Grazing - AMP Grazing) and farms which happen to be more in the public eye.  

3. Current language in Act 116 conflicts with Current Use laws when it comes to integrating agricultural land in Current Use with forestry land in Current Use in order to provide access to shade for livestock.  

4. It is important to have language in the law that accurately reflects conditions of animal abuse and mistreatment, and which accounts for progressive livestock and land management methods.  It is critical to have people who are professionally trained in diversified livestock management, and in assessing livestock condition and welfare, responding to reports of abuse and neglect in order to make an accurate and informed assessment of the situation.  In lieu of this, the Agency of Agriculture is required by law to be consulted prior to any enforcement action, to "provide guidance to the law enforcement community", and "the Agency's Animal Health Section personnel are available to assist humane and law enforcement agents for purposes of determining if a situation represents an acceptable husbandry practice (VAAFM website, https://agriculture.vermont.gov/animal-health/animal-welfare)."

We are offering these proposed amendments which are based on the National Organic Program Standards (NOPs).  This language essentially changes the requirement for shade / shelter to be based on “inclement weather” which may threaten animal welfare (extremes of heat, cold, etc.) – as opposed to the current language requiring access to shade / shelter at all times regardless of environmental conditions.

If you are a livestock farmer and would like to provide feedback on the current law and /or our suggested amendment, please be in touch with Graham (graham@ruralvermont.org).

We continue to work with our coalition to introduce amendments addressing racial equity, criminal justice reform, economic equity, and agricultural access into Act 164.  As we do so, we are also mindful of the requirement for municipalities to “opt-in” to allowing cannabis retail establishments in their boundaries via town meeting or another warned meeting.  As we see towns move forward with resolutions, our coalition partner VT Growers’ Association has made this helpful “opt-in guide” to help folks understand that process more.

In Rural Vermont’s introductory presentations to both the House and Senate Ag Committees this January, we reminded committee members that they never took testimony on this legislation despite this being a fundamentally agricultural issue - providing no appropriate place or opportunity for farmers or cultivators (and their advocates) to testify.  We requested that they take testimony from the agricultural community on this issue.  We also brought up that despite cannabis meeting all definitions of an “agricultural product” under the RAPs, despite it being principally produced on the farm, and despite the fact that hemp and crops for alcohol, biofuels, and more are not only considered agricultural - but some of them have their own Briefs in the VT Agriculture Strategic Plan (recently released) - cannabis in VT law is not considered an agricultural crop or product.  We also brought up some of the consequences of this for farmers – in particular those whose land is in current use, or in agricultural easements who will not be allowed to grow cannabis on that land (other than an extremely marginal allowance for some land in current use).  

We remain saddened and frustrated with the lack of willingness of representatives across the legislature to even allow time for our community to speak for, and represent, itself on this issue from an agricultural access and economic equity perspective.  We are hopeful that legislation advanced by our coalition partner the VT Racial Justice Alliance and Justice For All will gain more traction among representatives in relationship to our racial equity concerns and suggestions.

It appears as though the process to name a Cannabis Control Board, and all that follows (rulemaking, Advisory Board naming / seating, etc.) is behind by approximately 6 weeks.

If you own a piece of equipment, you should be able to fix it. This seems like a fairly obvious and uncontroversial idea, right? And yet, more and more, farmers are unable to make basic repairs to  farm equipment they own because manufacturers refuse to provide the parts, tools, and documentation necessary to do so. Fair repair is a major issue in the agricultural community—farmers struggle to repair newer tractors with modern electronic equipment and are forced to rely on dealerships to make these costly (and often time-consuming) repairs.

That’s why Rural Vermont, VPIRG and others are proud to be part of the Right-to-Repair movement and in support of bill H.58 that would require agricultural equipment manufacturers to provide, on fair and reasonable terms, the documentation, parts, and tools necessary to repair their equipment. This would give farmers more repair options--by either allowing them to fix certain issues themselves or make use of local independent repair providers.

2021 promises to be a big year for the Right-to-Repair movement. There is currently fair repair legislation pending in 14 states. We have a chance to make some real progress in Vermont, if we can enact this legislation. But we also know the large equipment manufacturers are going to fight this tooth-and-nail. 

Lawmakers need to hear from farmers directly on this issue. Stories directly from Vermont farmers will help push back on the large manufacturers’ scare tactics and misinformation. If you’re a farmer or know somebody that has dealt with issues around the repair of agricultural equipment, please share your story with us and contact caroline@ruralvermont.org.

So if you’ve got an experience you’re willing to share, please let us know!

The  “miscellaneous” agricultural bill traditionally facilitates a series of technical corrections that the Agency of Agriculture, Food and Markets brings to the lawmakers’ attention in each session (here is the misc ag bill draft). 

We celebrate that in 2021, Section 1 proposes to repeal the on-farm slaughter sunset. This “sunset” means that without a legislative act, the on-farm slaughter law would automatically cease to exist in July 2023 - right after this legislative biennium. Shall the proposed legislation to repeal the sunset pass into law, the on-farm slaughter law will continue to exist indefinitely. This will allow Rural Vermont to organize for the new policy priorities related to improving the on-farm slaughter law as indicated by the ongoing survey (click here and take the survey). Contact caroline@ruralvermont.org if you want to stay up to date on the developments of the on-farm slaughter campaign. 

Among other smaller changes, of further importance is the proposed expansion of the PES and Soil Health working group into 2023; as well as the continuation of the states hemp pilot program throughout the year. The pilot program was previously set to expire in 2020, but states are federally now allowed to operate a pilot program in 2021. The PES and Soil Health working group was created through Act 83 (2019): “to recommend financial incentives designed to encourage farmers in Vermont to implement agricultural practices that exceed the requirements of 6 V.S.A. chapter 215 and that improve soil health, enhance crop resilience, increase carbon storage and stormwater storage capacity, and reduce agricultural runoff to waters.” The group was renamed and reauthorized last year with Act 129 (2020) and AAFM aims to reconvene the working group early in March. 

Secretary Tebbetts advocates to designate a significant percentage of the 3.6M proposed by the Governor to be spent on the Working Lands Enterprise Board on meat processing. The funds would still be subject to the competitive application process but the agency is expecting many applications to be targeting the meat processing bottleneck. Read more here:

State money could help farmers by increasing meat-processing capacity - VTDigger

Rural Vermont appreciates VAAFM prioritizing the devastating meat processing bottleneck and supporting emerging initiatives. Tebbetts mentioned in testimony the development of slaughterhouses in Windham, Alburgh, Westford, and Putney; as well as a poultry processing facility in Charlotte and new custom processors coming up in Enosburg and Royalton.

The House Appropriations Committee Chair, Rep. Mary Hooper, said in response “I am just concerned that we not crowd out some of the traditional smaller scale possibilities that are really transformational for those producers who are trying to step up. I don’t want to lose sight of them as we focus on this particular need.”

Good news for on-farm slaughter: VAAFM proposes to repeal the July 2023 sunset of the on-farm slaughter law - in recognition of the continued importance of on-farm slaughter for livestock producers! Section 1 of the 2021 "miscellaneous ag bill," the housekeeping bill of the agency of ag, is devoted to securing the institution of on-farm slaughter. The repeal would allow the on-farm slaughter law to exist long-term. 

Take Rural Vermont's on-farm slaughter survey to help set policy priorities for improving the on-farm slaughter law: On Farm Slaughter & Butchery (google.com

Rural Vermont is working with a farmer leadership group to make improvements to existing raw milk legislation and regulation.

H.218, a bill that would expand raw milk community sales, was recently introduced. The bill broadly defines farmstand and CSA in the raw milk statute and allows the sale of raw milk through those venues. The outline of the changes are as follows:

• Farms following tier two requirements shall be able to sell raw milk at other farm’s farmstands and CSAs within 30 miles point to point of the farm where it was produced. 

• The word "verbal" has been removed from the requirement to inform each customer of the need to refrigerate milk

• Requirements for recording sales and customer information remain the same and can be managed as determined by the raw milk farmer and the CSA manager/farmstand owner. 

• Milk must remain at or below 40 degree Fahrenheit at all times 

• The farmstand or CSA where milk is sold must display the 8.5x11 warning sign: “Unpasteurized (Raw) Milk. Keep Refrigerated. Consuming raw unpasteurized milk may cause illness, particularly in children, seniors, persons with weakened immune systems, and pregnant women.”

• All labeling and other requirements of the law remain the same

• If successful, these changes would go into effect July 1, 2021

If this bill is successful, would it help your farm business? Are you interested in telling your story to the VT legislature? We want to hear from you! Email mollie@ruralvermont.org

We'd like to share links to the newly available VT Agricultural Strategic Plan and to it's presentation to the legislature this coming Thursday. This plan reflects the direct work of countless organizations within and without agriculture - including Rural Vermont. Some specific Briefs which we lead authored or contributed to include: Healthcare, Childcare, Agroforestry, and Alternative Farmland Ownership.

Download the plan here: https://www.vtfarmtoplate.com/plan/

Presentation to the Legislature Thursday, February 11   9 am-12 noon

You can “sit-in” on the live Presentation to the Legislature from Senate Ag’s YouTube channel:  https://www.youtube.com/channel/UC3ogCBBT6D13zAYmsLI0Oiw/featured

(In case of a change in venue, try viewing on House Ag’s YouTube channel: https://www.youtube.com/channel/UC1eOZHCQZ8Rle7h2apvghFg/featured)

As you likely know, this legislative session is being held almost entirely virtually. Trying to realize our mission through mostly online communications rattles our deep desire to always ground relationships eye to eye with feet on the ground. As farmers get more accustomed to online marketing strategies and zoom meetings, we cope with the “new norm” of a virtual legislative session. One advantage of the new online format is the ability to follow legislative activity live on YouTube and view recordings at any time.

Links to the agriculture committees:

• Find the House Agriculture and Forestry Committee agenda here.
  and follow or review their activity on YouTube.

• Find the Senate Committee on Agriculture agenda here.
  and follow or review their activity on YouTube.

Tune in and watch Rural Vermont at work!

Watch staff Graham and Caroline introduce Rural Vermont’s policy priorities:

• to the House Agriculture and Forestry Committee here (1/13), and

• to the Senate Committee on Agriculture here (1/14, starting 1 hr 2 min into the video)

Learn more about the legislation around on-farm composting of food residuals, and hear farmer testimony - here (1/21). 

There will be a new round of Coronavirus Food Assistance Program (CFAP) payments, but it will look different from CFAP 1 & 2. For dairy, certain producers would be eligible for increased payments under the Dairy Margin Coverage (DMC) program, with some allowance for increasing coverage levels. There are some small formula modifications for specialty crop producers, but it is still unclear how Vermont producers will fare. There is also a small payment per head on beef. Please keep an eye out for more details and sign-up info from your FSA office.

Also, the bill provided an additional $400 million for a dairy donation program, plus an additional $1.5 billion to allow USDA to purchase food products and donate it to food banks (the Farmers to Families program).

There were some positive changes to the Paycheck Protection Program (PPP). Farmers who did not get a first PPP can apply, and there is an improved formula that uses gross rather than net income (especially good for sole proprietors). If you already received a PPP, you can also recalculate your loan amount based on the new formula. And if you already received a PPP, you can apply for a “Second Draw” loan, but you must show a 25% revenue reduction from a period in 2019 to 2020. There were other big improvements as well: loan forgiveness has been simplified, and you can now deduct expenses covered by PPP on your taxes. Please contact your lender for more details – the program opened on January 11. This summary is also helpful if you want more details.

A few changes on SBA’s EIDL program:

·       Businesses in designated low-income communities that received an EIDL loan can get a grant equal to the difference of what they received and $10,000. You can search your address in the map here. 

·       Eligible Businesses in low-income communities that did not get EIDL loans/Advance grants because funds had run out can now get $10,000.

·       Also, if you previously received both an EIDL Advance grant and a PPP loan, you had to deduct the advance from your PPP forgiveness amount. You now no longer have to deduct that amount from forgiveness.

·       More details forthcoming from SBA on when this will go into effect.

For farmers or staff who lost work due to coronavirus impacts, pandemic unemployment assistance (PUA) was extended for an additional 11 weeks (until benefit week-ending March 13), with 11 weeks of an additional $300/week payment. 

A few other funding updates:

Notice for USDA Rural Development’s (RD) Value Added Producer Grant (VAPG) is now open for businesses to apply. Vermont businesses did very well in the last year – Ten awards were granted averaging $200,000 each. Applications will be accepted through March 22, 2021. Information on the program and application materials are available on the VAPG page of RD’s website. For more information on the VAPG program, contact Elijah Massey at the Vermont office: elijah.massey@usda.gov.

The federally-funded Specialty Crop Block Grant program, administered by the Vermont Agency of Agriculture, is also now open. Details can be found here. 

Thank you to the supporters of our Coalition and an equitable and just cannabis marketplace for standing by us in our advocacy! Though we were not successful in stopping S.54, our concerns have been acknowledged by many policymakers, as well as the Governor in his signing statement.  We are ready to continue organizing and advocating over the coming months to achieve greater equity and justice in the tax and regulate structure and process being implemented in VT. We know we have your support, and hope that the support promised by our State leaders and policymakers for our concerns and proposals greet us at the Statehouse come January.

What you need to know:

S.54 is now Act 164! 

The new law was enacted on October 7th, 2020, and implementation begins with a Nominating Committee followed by the formation of the Cannabis Control Board (CCB).

• The Nominating Committee is created for the purpose of “assessing the qualifications of applicants for appointment to the Cannabis Control Board.” The Committee consists of 7 members: 3 appointed by the Executive Branch, 2 appointed by the House, and 2 appointed by the Senate, with members serving 2-year terms.

• The Cannabis Control Board (CCB) will be an unelected 3 member Board with little accountability - has substantial authority over the rulemaking process. It will be critical to engage in shaping this Board, its rulemaking process, and its outcomes. Let us know by filling out this form if you want to testify to the legislature or CCB, if you have a story you’d like us to share with these entities on your behalf, if you’d like to be a candidate for the Nominating Committee or Cannabis Control Board, or if you’d like to help in other ways!

The Coalition has created a guide to the key terms and the timeline of milestones leading into the 2021 legislative session and rulemaking. Learn more by following the link below!

WHAT CAN YOU DO TO AFFECT RACIAL, ECONOMIC, AND AGRICULTURAL EQUITY AND JUSTICE IN ACT 164?

Do you want to serve on the CCB Nominating Committee?
Do you want to serve on the CCB?
Do you want to testify to the legislature about amending the legislation or the CCB as part of the rule-making process?

On October 29, 2020 our coalition sent the following letter to the Governor and key legislators seeking to delay and help shape the implementation processes of Act 164:

Dear Governor’s Office and members of the House and Senate,

Please extend the appointment process for the Cannabis Control Board (CCB) Nominating Committee for two to three additional weeks.  The following concerns are provided to support this request:

1. Policy implementation timelines are unrealistic, given the significant, long-term implications for Vermont's regulated cannabis marketplace;

2. Insufficient public engagement and notification of the CCB Nominating Committee appointment process;

3. Stakeholder organizations have not had sufficient time to interpret, translate and communicate policy to constituents;

4. Constituents are largely unaware of policy framework and have had little opportunity to participate in the process; and 

5. Constituents and stakeholder organizations' focus and attention are consumed in an unprecedented election cycle.

We believe that this extension will increase transparency and expand opportunities for citizens to meaningfully engage with the implementation of Act 164 (2020), the Act Relating to the Regulation of Cannabis.   We are also confident that this extension, along with the input of impacted communities, will help to ensure that the outcome of the nominating and appointment processes will be more reflective of racial and economic equity, and agricultural access and inclusion. 

Throughout the last number of months - and for some of us, over the past few years - we have worked to influence Act 164 to ensure just, inclusive, equitable policy. Throughout this process, many policymakers and lobbyists insisted that they were in support of the improvements our different organizations proposed - however, they preferred to support the current legislation without our amendments, and suggested that once the bill was passed, they would work with us in support of our proposals.  This summer, our coalition of racial justice and agricultural organizations decided to openly oppose this bill based on our experiences of lack of inclusion in the process, and our desire for a greater degree of economic and racial equity, criminal justice reform and repair,  the successful transition of current legacy market businesses, and agricultural access in the foundation of this legislation.  In Governor Scott’s signing statement allowing the legislation to become law, he also emphasized the importance of returning to this legislation in order to achieve the outcomes for which we are  advocating..  He specifically cited process and representation concerns, racial equity and repair deficiencies (including citing the Illinois legislation which our coalition partner, the Racial Justice Alliance, proposed), as well as the “inequitable playing field both for our smaller minority and women-owned business applicants, and other small Vermont growers and entrepreneurs.”  He concluded his statement by saying, “the Legislature has much more work to do to ensure equity in this new policy”.  

As we move forward into the coming legislative session, and the nominating processes prior to the session, we hope to find our organizations, the communities we represent, and our advocacy welcomed at the Statehouse.  We hope to find willing partners in the lobbyists and policymakers who spoke of their support for our efforts and willingness to partner with us once the original legislation passed; as well as the Office of the Governor.  This partnership starts now with the appointment process for the CCB Nominating Committee.  Please extend the deadline for appointments to the CCB Nominating Committee to ensure that this process is both transparent and inclusive. 

Our coalition is currently working on proposed legislative language and our platform to amend this legislation and affect the CCB rulemaking process.  We look forward to working with you in the interest of making this legislation more representative of, and equitable for, the people living in Vermont who have been harmed by cannabis criminalization and who hope to participate in this industry going forward.

Thank you for the significant time and energy you have committed to your work representing the people of Vermont in such unprecedented times. Though we are not always in agreement on particular issues we certainly share respect and solidarity in our genuine commitment to our work, and to the people we represent. We are available immediately to discuss these matters to increase transparency and expand opportunities for citizens to meaningfully engage with the implementation of Act 164 (2020).

Sincerely, 

Justice For All
Vermont Racial Justice Alliance
NOFA-VT
Rural Vermont
Trace
Vermont Growers Association

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About the Coalition: We are a coalition of Vermont organizations and businesses representing the diverse communities across the state – from the local BIPOC, agriculture, and environmental communities, law, and criminal justice, to the hemp and cannabis communities – that have come together to forge an inclusive, just, and equitable cannabis platform for Vermont.

The Vermont Agency of Agriculture, Food & Markets (VAAFM) recognizes the severe impact and disruption on our meat supply chain due to COVID-19.  VAAFM is currently reviewing all possible near-term options for producers to meet the increased consumer demand for local meats.  Simultaneously, we are working on long-term fixes to bolster existing inspected slaughter and processing infrastructure to ensure resiliency in our meat industry.  We realize, however, that will not remedy current un-met demand or limited processing capacity available in the state.

The Agency recognizes the demand for local meat has created the marketing opportunity for many local meat producers to consider expanding operations and yet the difficulty in accessing local or regional slaughter and further processing capacity has made business growth difficult.  Vermont’s meat industry is not alone in facing both increased consumer demand and limited processing capacity.

If you as a meat producer want to sell packaged meat products, you must have it processed at a state or federally inspected slaughter establishment.  If there are no Vermont scheduling options available within your desired timeframe, we encourage you to reach out to regional facilities.  You can find a directory of regional slaughter and processing establishments at USDA’s Food Safety and Inspection Service website. 

If you are selling live animals, the on-farm personal use exemption allows for a customer to purchase a live animal from you and slaughter it on-farm where it was purchased.  The producer cannot help with slaughter.  Requirements, limitation, and additional details regarding “On Farm” Personal Use Exemption can be found on VAAFM’s website.  Additionally, a producer could operate a custom slaughter establishment, allowing the producer to provide slaughter and/or processing services to buyers of live animals.  For more questions about custom slaughter possibilities, please contact Julie Boisvert, VAAFM’s Meat Inspection Section Chief, at Julie.Boisvert@vermont.gov.

Finally, we want to ensure that you are aware of VAAFM’s Vermont COVID-19 Agriculture Assistance Program (VCAAP).  Your business may be eligible to apply for assistance to cover lost revenue and/or other COIVD-19 related expenses that have caused economic harm to your business.  Specifically, if you have incurred additional feeding or care costs as a result of not being able to obtain a timely slaughter date for your animals, have increased processing costs due to traveling further to a different facility for processing, or anticipate feeding additional livestock through the winter, these may be eligible costs associated with the VCAAP Agriculture and Working Lands Assistance Application. Please visit VAAFM’s website for more information or call our office with questions at 802-828-2430 #9.

Thank you for your hard work and support of Vermont agriculture.

Anson Tebbetts
Secretary
Vermont Agency of Agriculture, Food & Markets
802.828.5667
agriculture.vermont.gov

As part of the final budget bill adopted before the 2020 Legislature adjourned at the end of September (Act 154 – see page 137), important changes were made to the COVID Ag Relief funding program (VCAAP). These changes address problems that Rural Vermont, NOFA-VT, and other allied organizations identified in testimony to the Senate and House Ag Committees.

Below are the key changes you need to know about along with additional information Rural Vermont has gathered by direct communication with staff at VAAFM.

Key Changes to the VCAAP Program:

1. The deadline for applications for all the COVID Ag Relief Funding Programs has been extended to November 15, 2020. NOTE: The VCAAP online application is currently unavailable while the legislative changes are being made. It is expected to be back online by the end of Oct – watch for a press release from VAAFM.

2. Eligible applicants with a net business profit between March 1 and August 1, 2020 are not disqualified from the Agriculture & Working Lands Grant Program.

3. Eligible sole proprietors are no longer disqualified from the Agriculture & Working Lands Grant Program because they did not file a W-2 form for themselves or an employee in the 2018 or 2019 taxable year.

4. A business may now apply for more than one State grant funded by federal Coronavirus Relief Funds, but not for the same purpose as another grant or to cover the same losses or costs.

5. The Vermont Agency of Agriculture expects to establish a VCAAP Farmers’ Market Assistance Application for farmers’ markets that do not qualify for the current program because their annual gross sales are less than $10,000. The maximum award for this new program will be $2,000.

6. The Vermont Agency of Agriculture will establish a VCAAP Farm to School Assistance Application for eligible schools and child-care providers. The maximum Farm to School Assistance award will be $10,000.

Additional, continuously updated, information about the REVISED VCAAP application process is available on the VAAFM website. In addition, the Vermont Housing and Conservation Board’s (VHCB) Farm Viability Program is providing technical assistance to farms and farm businesses seeking to apply for COVID Ag Relief Funding Programs. You can contact them through their website or by calling Mariah Noth at 802-828-1098.

This week, Governor Phil Scott allowed S. 54 to pass into law without his signature, despite acknowledging that there is still work to do to make this policy equitable. Thank you to all who supported us in engaging with this taboo and politically divisive issue and for supporting economic equity, agricultural access, repairing past harms done, and ending the criminalization of a plant explicitly founded in racism.

We look forward to continuing our advocacy for justice and equality in the emerging cannabis market and to doing so in conjunction with the over 100 farms, organizations, and businesses who have recently expressed their desire to do the same by signing on in support of our work and all other advocates who care to join. We hope that we can count on the Governor's Office and Legislature to support all of us in this work.

On Friday September 25th, the virtual gavel brought to conclusion what will no doubt go down in VT history is one of the most challenging legislation sessions – EVER!

As most of you may recall, on Friday March 13th, in response to the Governor’s emergency order in response to the COVID-19 health emergency, the entire legislature, all the staff and all the lobbyists and advocates were abruptly ejected from the State House. Thus, began a period of intense adaptation to carrying out the state’s business (which was primarily focused on responding to the pandemic) “virtually” through a combination of Zoom meetings and YouTube livestreams and recordings of those meetings. It was difficult but thanks to some incredible work by the state’s IT and legislative committee staff the work continued. It was particularly challenging to carry out Rural Vermont’s style of grassroots advocacy in the new virtual environment and much was lost in terms of direct democracy. 

However, on balance, some good things happened:

1. With help from NOFA-VT and other agricultural groups, we were able to successfully advocate for Vermont’s diverse non-dairy farms to gain access to some of the millions of dollars allocated to the state by the federal government in Coronavirus Relief Funds. Click here for important updated info on this funding program – including an extension of the application deadline to Nov. 15th.

2. In collaboration with Migrant Justice and other allies, Rural Vermont supported an initiative to provide funding for Vermont residents who were left out of the federal economic stimulus payments because of their immigration status. This program will deliver parity payments ($1200 per adult and $500 per child) to Vermont’s immigrants.

3. The Payment for Ecosystems Services and Soil Health Working Group (new name) received authorization to continue its work.

4. The legislature authorized the VAAFM to continue the 2014 Hemp Pilot Program and established a Hemp Seed quality control and labeling program.

5. The Agency of Agriculture was essentially level funded for the 2021 budget year so many of its critical programs for farmers will be able to continue including support for Farm-to-School and other local food programs. 

On the “down” side:

1. The legislature passed a cannabis tax & regulate bill that Rural Vermont and many other organizations did not support. There is still a chance that the Governor will veto this bill.

2. Due to the pandemic and its accompanying limitation on what the legislature could address during the session, we had to pause our coalition effort to pass further changes to Vermont’s regulation of pesticides and on-farm composting of food residuals.

At this time, we are still waiting for the Governor to take action on the bills that were passed in the final days of the session. Stay tuned for updates.