Tey include but are not limited to: • Te USDA’s inclusion of sod in its Agricultural Census • Te USDA’s definition of sod in the U.S. Farm Bill as a horticultural commodity within the agriculture sector as part of the Food, Conservation, and Energy Act of 2008
• Te USDA’s definition of sod in Specialty Crops found in Title 7, Chapter 38 “Distribution and Marketing of Agricultural Products”
• Te Environmental Protection Agency’s (EPA) recognition of turfgrass sod as an agricultural plant under Worker Protection Standard 40 CFR 170.3
impact other agricultural crops. Similarly, once harvested for sale, it is also subject to perishing in transport as are many other agricultural commodities.
• Te FMCSA’s recognition of sod farmers’ eligibility for farmer waivers under 49 CFR 383.3 – Commercial Driver’s License Standards, Requirements, and Penalties
• Sod’s recognition as an agricultural commodity by U.S. state departments of agriculture
• Sod’s classification as an agricultural commodity with regard to Social Security (FICA) taxes, Federal Income Tax Witholding, Federal Unemployment Tax, Federal Wage-Hour Laws, the Migrant and Seasonal Worker Protections Act, Occupational Safety and Health Act (OSHA), and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Furthermore, turfgrass sod, much like many other agricultural commodities is planted and harvested annually, it is cultivated and managed with similar techniques and equipment as other crops, and it is subject to the same impacts of weather including rainfall, drought, temperature, etc. It is subject to weed infestations, insect pests, and plant disease factors that
On November 6, 2018, TPI’s Policy and Public Relations Consultant Jonathan Moore arranged a meeting with TPI and FMCSA officials at the USDOT headquarters in Washington, DC. We discussed this recent, more strict interpretation of agricultural commodities as defined in 49 CFR 395.2 and how it would impact sod producers, and perhaps even seed producers, throughout the United States. Te FMCSA officials stated that this is an important issue to them and laid out the path for TPI to submit a request for exemption under the provisions in 49 CFR 381 – Waivers, Exemptions, and Pilot Programs, specifically 381.310, which TPI has submitted. FMCSA officials did not guarantee any outcome of this submission but were very helpful in their comments and were open to our request for exemption.
TPI will also be on the lookout for any future public notifications by the FMCSA in regard to any Advanced Notices of Proposed Rule-Making (ANPRM) that may address the 49 CFR 395.2 definition of agricultural commodities. Tere are many agricultural commodities outside of non-processed food, feed, fiber, or livestock, and sod is not the only commodity being affected by this recent interpretation. As a result, other commodity groups also have an interest in this issue and are working on behalf of their constituents. One example is American Hort who represents greenhouse and nursery growers, and TPI has been in communication with them as well as the American Farm Bureau Federation.
U.S. TPI members using their own trucks are likely to have seen recent changes enacted by the Federal Motor Carrier Safety Administration that impact how they transport their natural grass sod. Photo courtesy of Jasperson Sod Farm
In addition to working with the FMCSA and USDA, TPI has visited with congressional and senate staff to seek legislative relief. Specifically, we are seeking support for a bill introduced into the U.S. House of Representatives by Rep. Austin Scott (R-GA). Tis bill, H.R. 7004 titled the “Agricultural Trucking Relief Act of 2018” was introduced into the House of Representatives on September 28, 2018, and referred to the House Committee on Transportation and Infrastructure. Rep. Scott, who serves on the Agriculture Committee, introduced the bill in response to the needs of the agricultural industry in Georgia, and TPI is currently seeking support from lawmakers.
14 TPI Turf News January/February 2019
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