The underlying case involves a challenge to the Trump Administration’s efforts to address aspects of the temporary agricultural guest worker program that hurt American farmers, including how the AEWR is determined.

The coalition’s brief urges the court to reject the Plaintiffs’ request, warning that the lawsuit seeks to block DOL’s rule nationwide and force the agency to abandon its existing wage framework in favor of an undefined new approach that could create significant uncertainty for agricultural employers nationwide and disrupt planning for the growing season. Thousands of farmers have already been assigned H-2A wage rates for 2026, calculated operating costs, secured capital to finance their operations, and begun hiring workers under wage rates approved by DOL.

“The Interim Final Rule issued by the Trump Administration in 2025 provided much needed transparency and predictability to a process that had seen GA growers face a 31% wage increase over 3 growing seasons. A market-based wage will help level the playing field for Georgia growers who rely on the H-2A program. The future of this program, and fruit and vegetable production in Georgia, depends on a wage rate that is sustainable for workers and employers,” said Chris Butts, Executive Vice President, GFVGA.

The Administration’s revised H-2A rule and updated AEWR calculation methodology is supported by GFVGA and its coalition partners and reflects recommendations for reform outlined in independent economic research commissioned last year. Conducted by a former member of the White House Council of Economic Advisers, that research found the inflationary wage costs associated with H-2A participation had skyrocketed when compared to other major economic indices. The analysis concluded that using an AEWR that more closely reflects the economics of an agricultural industry that competes in a global market would better protect U.S. workers, support domestic food production, increase Americans’ consumption of domestically grown fruits and vegetables, create jobs, and strengthen rural economic growth.

The amicus brief points out what the coalition believes are two flaws in the Plaintiffs’ request for sweeping, extraordinary relief.  First, the Plaintiffs have not met the legal requirements to establish “standing” to challenge the Department of Labor's rule. The Plaintiffs’ claims rest entirely on speculation, not standing: no worker represented by the Plaintiff can show a real, present injury caused by the AEWR methodology enacted by DOL. Second, on the merits, the amicus argues the challenge fails because DOL acted within its statutory authority, replacing an unworkable system with a lawful, data-driven methodology that balances worker protections with the realities of American agriculture. The Plaintiffs want the AEWR to operate as an escalating one-way ratchet, rather than what the statute requires: a flexible, discretionary tool DOL may adjust to prevent adverse effects.

“The H-2A program plays a vital role in supporting agricultural production across the United States,” says Ray Starling of the NC Chamber, which has led the organization of the national coalition to support the Administration’s reforms. “Employers need a system that provides reliable access to labor, delivers certainty for businesses and workers alike, and supports the production of safe, affordable, and domestically grown food for American families.” 

The H-2A program is a 40-year-old visa program that enables farmers to bring foreign workers into the U.S. on a temporary, seasonal basis to perform agricultural work after the government confirms there are not enough American workers willing and available to fill the job. At the end of the seasonal job with an American farmer, an H-2A worker returns to their home country. 

About the Coalition

The H-2A reform coalition was formed in 2025 to challenge the status quo surrounding how the Adverse Effect Wage Rate (AEWR) is determined and to advocate for a more appropriate methodology. Informed by independent economic research commissioned by the coalition in 2025, the coalition’s coordinated advocacy efforts have consistently emphasized the need for an approach that continues to meet the statute’s requirement to protect the U.S. workforce, while also allowing agricultural employers to remain competitive in local and global markets. 

The 2025 research, A Broken Baseline: The Flawed Economics Behind AEWR Calculations, found that the current AEWR methodology is disconnected from broader economic benchmarks and contributes to higher food prices, increased imports, and economic strain in rural communities, concluding that indexing AEWR to the Employment Cost Index would better protect U.S. workers while supporting domestic food production, job creation, and rural economic growth. 

Following the U.S. Department of Labor’s release of the Interim Final Rule (IFR), the coalition focused its efforts on maximizing engagement during the public comment period. While the IFR was generally viewed favorably by agricultural employers, the coalition played a key role in ensuring broad participation from a diverse set of stakeholders across the agricultural value chain. That work laid the groundwork for the coalition’s continued involvement as the rule faces legal challenge. 

Coalition Members: 

• Agriculture Workforce Management Association

• American Farm Bureau Federation
• AmericanHort
• Baucom’s Nursery
• Georgia Fruit & Vegetable Growers Association
• Grower Shipper Association of Central California
• International Fresh Produce Association
• Metrolina Greenhouses
• Michigan Asparagus Association
• New York Farm Bureau
• North American Blueberry Council
• North Carolina Agribusiness Council
• North Carolina Chamber
• North Carolina Farm Bureau Federation
• North Carolina Growers Association
• North Carolina Sweetpotato Commission
• Northwest Horticultural Council
• National Council of Farmer Cooperatives
• Texas Farm Bureau
• Tobacco Associates
• U.S. Apple Association
• USA Farmers
• Virginia Agricultural Growers Association
• Virginia Farm Bureau
• Washington State Tree Fruit Association
• WAFLA
• Western Growers Association

This development comes at a critical time for Georgia growers who are preparing for this season’s harvest as well as securing H-2A workers for spring of 2026. The reopening of the DOL’s application processing system will help prevent further costly delays, minimize potential labor shortages, and provide much-needed stability for farms across the state. This action by the Trump Administration not only supports Georgia agriculture but also strengthens the broader food supply chain that depends on a reliable flow of farm labor.

GFVGA extends sincere appreciation to the National Council of Agricultural Employers (NCAE) for its leadership and advocacy in addressing this issue. NCAE’s efforts played a vital role in ensuring that the Department of Labor resumed processing H-2A applications, benefiting agricultural employers nationwide. 

Key Changes to AEWRs
Under the new IFR, DOL will base AEWRs on state-level wage data from the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics (OEWS) survey, rather than the previously used USDA Farm Labor Survey. This change aligns wage rates more closely with actual market conditions, moving away from artificially high rates that had placed a strain on Georgia fruit and vegetable growers who have had an AWER increase over 30% the last three years.

The IFR introduces two skill-based wage categories within each occupational classification to account for differences in duties and qualifications, ensuring fair compensation while providing flexibility for employers. Additionally, H-2A employers who provide housing will be eligible for a downward adjustment in their AEWR.

Georgia AEWRs Under the New Rule

For Georgia growers, the new state-based AEWRs are:

• Level 1 Workers (Entry-Level/Less Experienced): $12.27 per hour not including the housing adjustment decrease of $1.75 per hour if housing is provided.
• Level 2 Workers (Experienced/Higher Skilled): $16.22 per hour not including the housing adjustment decrease of $1.75 per hour if housing is provided.

Understanding Level 1 vs. Level 2

• Level 1 (Entry-Level/Less Experienced): Typically includes workers performing standard agricultural tasks with minimal prior experience. This category accounts for the majority of field and livestock positions.
• Level 2 (Experienced/Higher Skilled): Includes workers with specialized skills, greater experience, or responsibilities requiring additional training or certification. Employers may offer higher wages to reflect these qualifications. 

Timing

The rule is expected to be published in the Federal Register tomorrow, barring any slowdowns related to the government shutdown. Once published, the rule becomes effective immediately with comments accepted for a period of 60 days. Growers with existing H-2A contracts will still be subject to the pay rates included in those orders.

GFVGA Leadership Reaction

Chris Butts, Executive Vice President of GFVGA, commented on the changes:

“For years, our members have faced skyrocketing labor costs that threatened the viability of family farms in Georgia. These new wage rules bring much-needed relief and help restore balance to the H-2A program. By aligning wages with real market conditions, our growers can plan for the season with certainty. We applaud the swift action by DOL and DHS to address long-standing concerns. The leadership shown by Secretary Chavez-DeRemer and Secretary Rollins recognizes the importance of leveling the playing field for American producers so that we can continue to provide the safe and healthy fruits and vegetables to keep our country fed.”

These changes mark a major step forward in supporting American agriculture and helping family farms thrive. GFVGA will continue to monitor implementation and provide guidance to members shortly.

ATLANTA, GA – Today, just following the one-year anniversary of Hurricane Helene, Georgia Agriculture Commissioner Tyler J Harper and United States Department of Agriculture Secretary Brooke L. Rollins announced that the State of Georgia will receive approximately $531,236,000 in federal funds for the Hurricane Helene Block Grant Program. The State of Georgia’s Block Grant Program will cover future economic losses, infrastructure losses, and timber losses caused by Hurricane Helene.

“I am incredibly proud to announce the State of Georgia will receive $531,000,000 in federal funding to provide much-needed relief to impacted farmers and producers through Georgia’s Hurricane Helene Block Grant Program,” said Georgia Agriculture Commissioner Tyler J Harper. “This funding is absolutely essential to help our farm families bounce back from Hurricane Helene, and our team invested hundreds of hours into the negotiation process to secure the maximum possible amount of federal funding for our state and our producers. I want to thank Sec. Brooke Rollins and her team at USDA FSA for understanding the urgency of the situation and their strong partnership and collaboration throughout this process, and I look forward to continuing to work with the Trump Administration to deliver real results for Georgia farmers.”

“Farmers and ranchers in Georgia have been hit hard and suffered significant economic losses in 2024. USDA is working closely with the State of Georgia to ensure those impacted have the relief they need,” said USDA Secretary Brooke Rollins. “The Trump Administration has our farmers' backs and will ensure they have the resources they need to continue to produce the safest, most reliable, and most abundant food supply in the world.”

The State of Georgia continues to work with USDA to simultaneously finalize administrative details in the State’s block grant agreement and corresponding work plan. More details about the program and how to apply will be forthcoming.

By: Jennifer Walls

The Georgia Fruit & Vegetable Growers Association(GFVGA) was proud to attend and sponsor lunch at the Joint Agriculture Committee Chairmen’s Ag Issues Summit, held August 21, 2025, at the Georgia National Fairgrounds & Agricenter. The annual event, hosted by Senate Agriculture & Consumer Affairs Committee Chairman Sen. Russ Goodman and House Agriculture & Consumer Affairs Committee Chairman Rep. Robert Dickey, brought together state leaders, agency officials, and agricultural experts to discuss the issues shaping Georgia agriculture.

The Summit featured a full agenda with updates on legislative priorities, trade opportunities, rural development, forestry, research, and the global agricultural market.

Key Takeaways from the Summit

• Update from the Commissioner – Georgia Department of Agriculture
  Commissioner Tyler Harper highlighted recent developments, including disaster relief funding from Hurricane Helene, which provided a total $739 million to Georgia agriculture. He also shared insights from the Department’s June delegation trip to Washington, D.C., and emphasized key federal issues such as the upcoming Farm Bill, EUDR, and the National Farm Security Action Plan. Looking ahead, Commissioner Harper outlined the Department’s legislative priorities for AFY26 and FY27.

• Growing Agribusiness in Georgia - Pat Wilson, Commissioner of the Georgia Department of Economic Development, emphasized the importance of agribusiness in Georgia’s economy. He noted that Georgia generated $53.1 billion in trade, including $5.3 billion in agricultural exports. Rural Georgia has also seen significant investment, with 51,253 new jobs created, 62% of those in manufacturing. Wilson spotlighted the Center of Innovation program, unique to Georgia, including the AgTech Center, which is a co-founder of the UGA Grand Farm.

• Forest Markets and Industry Challenges - Marshall Thomas, President of F&W Forest Services, provided an overview of Georgia’s forestry markets, current challenges, and opportunities facing the state’s forest product sector.

• Updates from UGA College of Agricultural & Environmental Sciences (CAES) - Dean Nick Place reported that CAES continues to strengthen its programs, with a goal to grow enrollment to 2,000 undergraduates and 1,000 graduate students. He noted that CAES will have received $64 million in federal funding this year. Associate Dean of Extension Michael Toews discussed the vital role of UGA Extension and its cooperative programs in supporting farmers and rural communities across the state.

• Global Agriculture Trade Markets - Dr. Jeffery Dorfman, Professor at North Carolina State University, and a former UGA professor, gave an economic outlook for agriculture, noting:

  • U.S. economy is stable, with 2% growth expected in 2025

  • Supply chains are approaching normal

  • Interest rates may decline slowly, but budget pressures remain

  • Farm profitability is expected to be stable, with flat-to-slightly- lower prices, lower diesel costs, and input costs holding steady

He also discussed policy matters such as tariffs, which remain a “wild card,” and the Protect Our Produce Act, highlighting its importance for fruit and vegetable growers.

• Introduction of New FSA Director - Attendees also met Duncan Johnson, the new State Executive Director for USDA’s Farm Service Agency (FSA), who will play an important role in program delivery for Georgia producers.

Moving Forward

The Ag Issues Summit provided valuable insights into the opportunities and challenges facing Georgia agriculture. From disaster recovery and trade to rural development and higher education, the conversations underscored the importance of agriculture to Georgia’s economy and the critical role of strong partnerships at the state and federal levels.

GFVGA will continue to engage with state and national leaders to ensure that fruit and vegetable growers have a voice in the policies that impact their operations.

GFVGA applauds this action that is long overdue. “We have worked for years to gain a better understanding of the AEWR process that has resulted in massive increases, over 30% in three years for Georgia growers, but the process and resulting increases have remained a frustrating mystery” said Chris Butts, Executive Vice President of GFVGA.

“The AEWR increases in Georgia have pushed growers to the brink and have rendered the H-2A program unsustainable. We are grateful to Secretary Rollins and her team at USDA for demonstrating the leadership to bring an end to these unfair wages and to help restore a level playing field for our rural agricultural communities,” said Butts.

This decision comes on the heels of another major development this week in which a court in Louisiana, vacated the Department of Labor’s 20233 Adverse Effect Wate Rate Methodology rule.  The rule, published Feb. 28, 2023, based the H-2A program’s AEWRs on the Occupational Employment and Wage Statistics (OEWS) survey in addition to the Farm Labor Survey (FLS), applying permanent, non-agricultural wage data to seasonal agricultural jobs and subjecting growers to wage increases every six months, according to the National Council of Agricultural Employers.

“The vacating of the rule is great news, and we thank Secretary Chavez-DeRemer for recognizing the unlawful nature of the AEWR rule,” said Michael Marsh, president of the National Council of Agricultural Employers (NCAE). “This decision brings welcome wage relief to some growers who had been subjected to these ‘special’ wage rates for routine tasks done on the farm for generations.”

Please stay tuned for additional announcements and analysis of these quickly moving developments. Be sure to check out the Georgia Ag Labor Relations Forum, September 16-17 in Tifton where you’ll hear directly from the policy makers and experts who are helping shape the future of ag labor. This year’s event is sure to be information packed given these substantial recent developments.

• Expanded Market Access: The EU will eliminate all tariffs on U.S. industrial goods, including agricultural machinery and packaging, to enable Georgia producers to compete more effectively abroad.
• Commodity Protection: The deal shields key exports such as soybeans from retaliatory tariffs and opens new trade pathways for pork and dairy products through streamlined sanitary rules.
• Energy and Investment Commitments: The EU will invest $600 billion in the U.S. and purchase $750 billion in American energy exports by 2028, helping strengthen rural infrastructure and reduce reliance on adversarial sources.
• Reduced Red Tape: The agreement addresses non-tariff barriers that burden small and medium-sized exporters, especially in the agriculture sector
• Tariff Certainty: Steel and aluminum tariffs will remain at 50%, helping support domestic manufacturing and farm equipment access.

• Tariff Reduction: The U.S. will impose a 15% tariff on South Korean goods, down from a proposed 25% while South Korea agrees to eliminate duties on U.S. autos and agricultural goods.
• U.S. Market Access: South Korea will accept more U.S. agricultural products, removing key barriers for Georgia exports.
• Shipbuilding Investment: South Korea will invest $350 billion in the U.S., including $150 billion for shipbuilding projects and existing U.S. commitments that benefit agriculture infrastructure.

"We are grateful to Chairmen Thompson and Boozman and their staffs for advancing these vital investments in specialty crops, which the Specialty Crop Farm Bill Alliance has advocated for since 2023.

"Our message continues to be simple: any Congressional investment in American agriculture must include specialty crops. America’s specialty crop growers face a host of unprecedented challenges similar to those confronting row crop producers. Specialty crops represent nearly a quarter of U.S. crop value and make up more than half of what Americans eat. The family farms that provide Americans with a reliable source of fruits, vegetables, tree nuts, and horticulture, deserve meaningful support from their government. Nothing short of the survival of our domestic industry is at stake.

"The investments included in H.R. 1 are a key piece of the puzzle to enhance the competitiveness of America’s specialty crop growers, but there is still work to be done. Senate rules prohibited the inclusion of many of the innovative policy initiatives that we proposed, such as investing in mechanization and automation, modernizing procurement rules to include more high-value fruits and vegetables, and reforming crop insurance that would provide many of our growers with an affordable and effective safety net for the first time.

"We commend the House and Senate Agriculture Committees for recognizing that our growers domestically produce the safe, nutritious foods that more Americans should be consuming, as well as cultivate the trees, flowers and plants that play a vital role in the nation’s health and wellbeing. We stand ready to work with Congress to enact the remainder of our priorities at the earliest opportunity and look forward to advancing future farm and food policy in the context of comprehensive, bipartisan farm bills." 

The SCFBA is co-chaired by Cathy Burns, CEO of the International Fresh Produce Association; Mike Joyner, President of the Florida Fruit & Vegetable Association; Dave Puglia, President and CEO of Western Growers; and Kam Quarles, CEO of the National Potato Council.

# SCFBA #

The Specialty Crop Farm Bill Alliance is a national coalition of more than 150 organizations representing growers of fruits, vegetables, dried fruit, tree nuts, nursery plants and other products. The Alliance was established to enhance the competitiveness of specialty crop agriculture and improve the health of Americans by broadening the scope of U.S. agricultural public policy. For more information, visit  farmbillalliance.com . 

 

The Georgia Fruit and Vegetable Growers Association (GFVGA) is proud to sponsor two Proficiency Awards each year at the Georgia State FFA Convention, recognizing outstanding achievement in Fruit & Nut Production and Vegetable Production. These awards highlight the dedication, innovation, and leadership of FFA members who are making a real impact in Georgia agriculture.

This year’s Vegetable Production Proficiency Award winner is Drevin Wilkerson of Cook County High School. Drevin’s hard work and passion earned him top honors in the state, and he will now advance to compete at the National FFA Convention in October.

Placing second in the Vegetable Production category was Elijah Ransom of Perry High School, followed by Shanii Armour of Booker T. Washington High School, who placed third. We congratulate all three on their achievements.

In the Fruit & Nut Production Proficiency Award category, Mallory South of Upson-Lee High School was named the state winner. Her outstanding project and leadership in fruit and nut production has earned her the opportunity to represent Georgia on the national stage later this year.

The second-place award in this category went to Ellie Taylor of Berrien County High School, with Karly Mitcham of Newton College & Career Academy placing third. Each of these students demonstrated impressive skill, knowledge, and dedication to fruit and nut production.

GFVGA congratulates all of these young leaders and wishes Drevin and Mallory the best of luck as they move on to the National FFA Convention. 

Backing this request is forthcoming research by Dr. Blake Brown, Hugh C Kiger Professor Emeritus, NC State University, which indicates that the AEWR calculations have deleterious consequences for farmers, consumers, and American workers. This research will be available in mid-June.

Additionally, data reflects that due to higher prices, American consumers are eating less fruits and vegetables, leading to increased healthcare costs because of having a poor balanced diet. Furthermore, the USDA provided data in 2023 that our nation is now a net importer of food. While this contributes to several problems for our country, most alarmingly leaves the U.S. even more vulnerable and exposed when it comes to our national security.

"The sharp increase in AEWR rates is putting North Carolina sweetpotato farms – and the entire state’s agricultural economy – at risk,” said Michelle Grainger, executive director of NCSC. “Sweetpotatoes are a labor-intensive crop and due to skin sensitivity, sweetpotatoes must be hand harvested. As labor costs surge beyond inflation, many growers are facing reduced access to essential workers, threatening a substantial reduction in acres produced, timely harvests and ultimately leading to significant revenue losses. If left unaddressed, this wage pressure could push more farms out of business, weaken our rural communities, and undermine the sustainability of North Carolina's vital produce sector while also further distancing consumers from the producers and their healthy crops that aid in an affordable and nutritionally balanced diet."

The coalition warns that the USDA’s current AEWR methodology contributes to a self-compounding wage inflation cycle, undermining the economic viability of U.S. agriculture. This poses growing risks to national food security, increases American dependence on imported food, and threatens the stability of rural communities across the country.

"The current trajectory of AEWR increases is simply unsustainable for specialty crop growers in Georgia and across the Southeast,” said Chris Butts, executive vice president of GFVGA. “Without immediate legislative reform and greater transparency in how these wage rates are set, we risk losing farms, jobs, and our ability to feed the nation. We must act now to ensure a fair, data-driven wage process that protects both our farmworkers and the future of U.S. agriculture."

Each participating organization is engaging its stakeholders, press contacts, and state congressional delegations to advocate for an accountable, fair, and economically sustainable wage-setting process that promotes the sustainability and future of American agriculture.

The coalition is encouraging organizations and stakeholders who are facing similar undue burdens from rapidly rising AEWR rates to consider sharing their experiences and concerns with local and state representatives. A unified understanding of the impact across agricultural sectors will help inform a more balanced and transparent wage-setting process, one that supports both the fair treatment of farmworkers and the continued viability of U.S. farms. Addressing this issue collaboratively is essential to sustaining rural economies, safeguarding national food security, and ensuring the long-term health of American agriculture.

*The 30 organizations who have formed the coalition are as follows:

1.Alabama Farmers Federation

2.Alabama Fruit and Vegetable Growers Association

3.Alabama Nursery and Landscape Association

4.Blue Ridge Apple Growers Association

5.Georgia Agribusiness Council

6.Georgia Berry Exchange

7.Georgia Farm Bureau

8.Georgia Fruit & Vegetable Growers Association

9.Georgia Green Industry Association

10.Georgia Peach Council

11.Georgia Pecan Growers Association

12.Georgia Watermelon Association

13.International Fresh Produce Association

14.National Council of Agricultural Employers

15.North Carolina Apple Growers Association

16.North Carolina Chamber

17.North Carolina Christmas Tree Association

18.North Carolina Farm Bureau

19.North Carolina Growers Association

20.North Carolina Nursery & Landscape Association

21.North Carolina Strawberry Association

22.North Carolina Sweetpotato Commission

23.North Carolina Tomato Growers Association

24.North Carolina Vegetable Growers Association

25.North Carolina Watermelon Association

26.Michigan Asparagus Association

27.South Carolina Farm Bureau

28.South Carolina Peach Council

29.South Carolina Small Fruit Growers Association

30. Tobacco Growers Association of North Carolina

*Dr. Brown’s work is funded by the NC Chamber & numerous grower organizations.

# # #

About the Georgia Fruit and Vegetable Growers Association

As the state’s number two agricultural cash crop, most Georgia fruits and vegetables are grown for the fresh market to be sold and consumed in other states. The GFVGA provides programs and services to the membership designed to increase production efficiencies, provide educational opportunities, promote new markets, monitor legislation, encourage applied research and improve communications among GFVGA members and industry suppliers.

About the North Carolina Sweetpotato Commission

Founded in 1961 the North Carolina Sweetpotato Commission is a nonprofit corporation made up of over 300 sweetpotato producers, along with the packers and business associates that support them. The NCSC is committed to supporting its growers and increasing sweetpotato consumption through education, promotional activities, research, and honorable horticultural practices among its producers.

Who Can Participate?

MASC covers the following commercially marketed specialty crops grown in the US:

• Fruits (fresh, dried)
• Vegetables (including dry edible beans and peas, mushrooms, and vegetable seed)
• Tree nuts
• Nursery crops, Christmas trees, and floriculture
• Culinary and medicinal herbs and spices
• Honey, hops, maple sap, tea, turfgrass, and grass seed

Common examples of specialty crops can be found on USDA’s Agricultural Marketing Service’s specialty crop definition webpage. 

Eligible producers or legal entities must:

• Have an average adjusted gross income (AGI) of less than $900,000 for tax years 2021, 2022, and 2023, unless the producer or legal entity’s average adjusted gross farm income is at least 75 percent of their average AGI;
• Be in the business of producing a specialty crop at the time of application and be entitled to an ownership share and share in the risk of producing a specialty crop that will be sold in calendar year 2025;
• Be a U.S. citizen, resident alien, partnership, corporation, limited liability company, or other organizational structure organized under state law, Indian Tribe or Tribal Organization, or a foreign person or foreign entity who meets certain eligibility requirements;
• Comply with the provisions of the “Highly Erodible Land and Wetland Conservation” regulations, often called the conservation compliance provisions; and

• Not have a controlled substance violation.

Program Payments

• FSA will issue MASC payments after the end of the application period. If demand for MASC payments exceeds available funding, MASC payments may be prorated, and the payment limitation of $125,000 may be lowered. If additional funding is available after MASC payments are issued, FSA may issue an additional payment.
• For established specialty crop growers, those who certify crop sales in 2023 or 2024, FSA will calculate MASC payments based on the producer’s total specialty crop sales for the calendar year elected by the producer. 
• Payments for new producers will be based on their expected 2025 calendar year sales and must submit FSA-1141 Marketing Assistance for Specialty Crops (MASC) New Producer Expected Sales Worksheet.

How To Apply

Eligible producers or legal entities must submit a complete Form FSA-1140, MASC Application (available soon) to any FSA county office by Jan. 8, 2025. FSA staff at your local USDA Service Center will work with you to file your application. 

MASC applicants, established and new, must also submit the following information to FSA if not already on file at the time of application:

• Form AD-2047, Customer Data Worksheet.
• Form CCC-902, Farm Operating Plan for an individual or legal entity.
• Form CCC-941, Average Adjusted Gross Income (AGI) Certification and Consent to Disclosure of Tax Information. 
• Form FSA-942, Certification of Income from Farming, Ranching and Forestry Operations, if applicable, for the producer and members of entities. 
• A highly erodible land conservation (sometimes referred to as HELC) and wetland conservation certification (Form AD-1026 Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) Certification) for the ERP producer and applicable affiliates.  

FSA may request other documentation to support reported specialty crop sales. 

“Georgia fruit and vegetable growers face the possibility of economic devastation, because there’s not a level playing field with their competitors in South America. We have to produce food here in the United States. Georgia’s No. 1 industry is agriculture. It is the economic powerhouse of our state. It feeds our state, feeds the nation, and it feeds the world,” Ossoff said.

“Our food security is a national security issue. But if we don’t level the playing field for our fruit and vegetable growers here who face so much unfair competition from South America, we risk losing fruit and vegetable production in Georgia and across the country. That’s why we’ve introduced the Protecting Our Produce Act, to level the playing field for farmers in Georgia and fruit and vegetable producers across the country who face this abusive and unfair import competition from South American agriculture.

Bishop added, “The needs of agricultural producers are not republican needs or democratic needs, they’re American needs. Our Georgia growers need help. It’s not a partisan issue at all,” Bishop said. “Agriculture is really regional, and it’s national when it comes to being able to feed the people in our country. We want Americans to be able to produce the food and fiber that we consume every day and then have enough to export. It’s something we’ve got to work together on.”

"As Georgia's No. 1 industry continues on the road to recovery from Hurricane Helene, I'm thankful our partners on all levels, including the GSFIC board, are working with us to provide relief to those who put food on our tables and provide the materials that build our communities," said Governor Brian Kemp. "This measure is the latest we've taken to help them rebuild their livelihoods, but it will not be the last. We'll continue to work with stakeholders on all levels to direct resources and support to the hardworking Georgians devastated by this storm."

Weathered But Strong: Georgia Hurricane Relief Fund

In response to Hurricane Helene, 40+ agriculture industry organizations, led by the Georgia Department of Agriculture, Georgia Farm Bureau, and Georgia Foundation for Agriculture, have joined together to create the Weathered But Strong: Georgia Hurricane Relief Fund. 100% of donations to the fund will go to help impacted Georgia farmers recover from Hurricane Helene. More information is available at www.supportgeorgiafarmers.org.

Produce Food Safety Services (PFSS), a full-service food safety consultation program, created by the Georgia Fruit and Vegetable Growers Association (GFVGA) offers customized food safety plans, documentation, and resources for produce operations of all sizes. Our experienced food safety consultants work to meet the unique needs of growing, packing, shipping and minimal processing operations anywhere in the United States. GFVGA works to keep fees as low as possible but with in-person one-on-one consulting, travel, document development, audit assistance, and follow up, it can add up. All PFSS plans are customized for each client because no two farming operations are the same, and a fill-in-the-blank template is insufficient.

After working with a PFSS food safety specialist, each operation then works with the local FSA office for reimbursement through the Food Safety Certification for Specialty Crops Program (FSCSC). Any produce operation considered a small business or medium sized business (an avg annual monetary value of specialty crops of no more than $1 million) may be eligible to receive assistance for the following expenses offered or managed by PFSS.

Program Details  

FSCSC assists specialty crop operations that incurred eligible on-farm food safety certification and expenses related to obtaining or renewing a food safety. FSCSC covers a percentage of the specialty crop operation’s cost of obtaining or renewing its certification, as well as a portion of related expenses.  

Eligible FSCSC applicants must be a specialty crop operation; meet the definition of a small or medium-size business and have paid eligible expenses related to certification.  

1. A small business has an average annual monetary value of specialty crops sold by the applicant during the three-year period preceding the program year of no more than $500,000. 
2. A medium size business has an average annual monetary value of specialty crops the applicant sold during the three-year period preceding the program year of at least $500,001 but no more than $1,000,000.  

Specialty crop operations can receive the following cost assistance:  

1. Developing a food safety plan for first-time food safety certification.  
2. Maintaining or updating an existing food safety plan.  
3. Food safety certification.  
4. Certification upload fees.  
5. Microbiological testing for products, soil amendments and water.  
6. Training.     

FSCSC payments are calculated separately for each eligible cost category. Details about payment rates and limitations are available at //farmers.gov/food-safety.  

Applying for Assistance  

Interested applicants have until Jan. 31, 2025, to apply for assistance for 2024 eligible expenses. FSA will issue payments as applications are processed and approved. For program year 2025, the application period will be January 1, 2025, through January 31, 2026. FSA will issue 50% of the calculated payment for program year 2025 following application approval, with the remaining amount to be paid after the application deadline. If calculated payments exceed the amount of available funding, payments will be prorated. 

Specialty crop producers can apply by completing the FSA-888-1, Food Safety Certification for Specialty Crops Program (FSCSC) for Program Years 2024 and 2025 application. The application, along with the AD-2047, Customer Data Worksheet and SF-3881, ACH Vendor/Miscellaneous Payment Enrollment Form, if not already on file with FSA, can be submitted to the FSA office at any USDA Service Center nationwide by mail, fax, hand delivery or via electronic means. Alternatively, producers with an eAuthentication account can apply for FSCSC online. Producers interested in creating an eAuthentication account should visit //farmers.gov/sign-in. 

Specialty crop producers can also call 877-508-8364 to speak directly with a FSA employee ready to assist. Visit //farmers.gov/food-safety for additional program details, eligibility information and forms needed to apply. 

More Information  

To learn more about FSA programs, producers can contact their local USDA Service Center. Producers can also prepare maps for acreage reporting as well as manage farm loans and view other farm records data and customer information by logging into their farmers.gov account. Producers without an account can sign up today.  

USDA touches the lives of all Americans each day in so many positive ways. Under the Biden-Harris administration, USDA is transforming America’s food system with a greater focus on more resilient local and regional food production, fairer markets for all producers, ensuring access to safe, healthy and nutritious food in all communities, building new markets and streams of income for farmers and producers using climate smart food and forestry practices, making historic investments in infrastructure and clean energy capabilities in rural America, and committing to equity across the Department by removing systemic barriers and building a workforce more representative of America. To learn more, visit usda.gov. USDA is an equal opportunity provider, employer and lender.

GFVGA is committed to serving produce operations and meeting the needs of its members on all fronts. Food safety is an area that continues to be an area of constant change from the regulatory and customer fronts. PFSS Food Safety Specialists are proven experts in their fields and are a professional food safety resource for any operation. In the past GFVGA has provided discounts through USDA Specialty Crop Block Grants. Now working through USDA’s FSA offices, PFSS can continue to help produce operations by providing customized food safety programs, trainings, audit prep, and onsite consulting while helping relieve some of the financial burden.   

In August, Georgia Senator Jon Ossoff and Representative Sanford Bishop introduced the Protecting our Produce Act, a bicameral bill would establish a five-year pilot program to provide support for certain specialty crop producers — blueberries, squash, bell pepper, cucumber, or asparagus — when a crop’s national average market price (effective price) falls below its five-year average price (reference price), if the difference is caused by imports.

“GFVGA will be in Washington the next two weeks to meet with policy makers and to communicate the need for trade policy that can help level the playing field for Georgia Growers. The growing trade deficit demonstrates the need for a program that supports domestic producers before it’s too late and we become reliant on other countries for our fresh fruits and vegetables” said Chris Butts, GFVGA Executive V.P.

DOL Pushes Forward with Worker Protection Rules in 33 States:

Last month, the U.S. District Court granted GFVGA’s request for a preliminary injunction in our case challenging the Department of Labor’s Worker Protection Rules. The preliminary injunction specifically prohibits DOL from enforcing the Farmworker Protection Rule in the states of Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas, and Virginia, and against Miles Berry Farm and members of the Georgia Fruit and Vegetable Growers Association as of August 26, 2024.

Earlier this week, DOL announced plans to move forward with implementation of the rules in the 33 states not covered by the injunction. GFVGA applauded the earlier decision by DOL to pause the rule nationwide as implementing and operating the H-2A program under different rules dependent on a grower’s location seems problematic at best. Stay tuned for more on this decision. Remember the important take way: GFVGA Members as well as all growers in Georgia are exempt from the new requirements. Click here to follow along with GFVGA and SE Legal Foundation as the case progresses

August 28, 2024 - The Department of Labor’s Office of Foreign Labor Certification Announces Delay in Transition Schedule for Implementing the H-2A Application and Job Order Associated with the 2024 Farmworker Protection Final Rule

The U.S Department of Labor (Department) has published the final rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States” (the “Farmworker Protection Rule”). The Farmworker Protection Rule is effective June 28, 2024. The Department previously announced that it would process clearance orders and associated H-2A applications filed before 7:00 PM Eastern Daylight Time on August 28, 2024, in accordance with 20 CFR part 655, subpart B in effect as of June 27, 2024. The Department explained that its case processing system, the Foreign Labor Application Gateway (“FLAG”), would then be updated to accept applications filed under the Farmworker Protection Rule. In addition, the Department explained that, to better align the implementation of the Farmworker Protection Rule’s revisions to 29 CFR 501.4(a) with parallel revisions in 20 CFR 655.135(h), the Department would begin to enforce the requirements of 29 CFR 501.4(a) as revised by the Farmworker Protection Rule only with respect to conduct or actions occurring on or after August 29, 2024. The Department also previously explained that applications submitted on or after 12:00 AM Eastern Daylight Time on August 29, 2024, would be processed in accordance with the provisions of the Farmworker Protection Rule tied directly to a temporary labor certification.

However, on August 26, 2024, the United States District Court for the Southern District of Georgia issued a preliminary injunction in the case Kansas, et al. vs. U.S. Department of Labor, No. 2:24-cv-00076-LGW-BWC (S.D. Ga., Aug. 26, 2024) (“Kansas”) prohibiting DOL from enforcing the Farmworker Protection Rule in certain states and with respect to certain entities. The preliminary injunction specifically prohibits DOL from enforcing the Farmworker Protection Rule in the states of Georgia, Kansas, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, and Virginia, and against Miles Berry Farm and members of the Georgia Fruit and Vegetable Growers Association as of August 26, 2024. Accordingly, consistent with the Kansas Order, the Department will not be enforcing the Final Rule in these states or with respect to these entities while the Order remains in effect.

The Department is carefully reviewing the Kansas Order and assessing various options to comply with the Order. For now, the Office of Foreign Labor Certification (OFLC) will delay updating its FLAG system to implement revised H-2A job order and application forms associated with the Farmworker Protection Rule, originally scheduled to begin at 7:00 p.m. Eastern Daylight Time on August 28, 2024, until further notice.

As a result of this delay, OFLC will continue to receive and process H-2A job orders and applications in accordance with 20 CFR part 655, subpart B in effect as of the calendar day before the effective date as stated in the Farmworker Protection Rule. OFLC will provide additional public notice regarding a revised transition schedule as soon as possible.

BRUNSWICK, GA (Aug. 26, 2024): In a landmark ruling, a federal court in Georgia found the U.S. Department of Labor’s newly issued rule requiring agricultural employers to allow temporary foreign farmworkers to unionize is unconstitutional and enjoined the DOL from enforcing the unconstitutional rule against all members of Georgia Fruit and Vegetable Growers Association (GFVGA), Miles Berry Farm, and agricultural employers within the 17 states that joined the lawsuit.

During the New Deal, Congress gave some employees the right to form labor unions through the National Labor Relations Act (NLRA), but it explicitly excluded farmworkers from the right to form unions and has continued to do so for nearly 90 years. The DOL ignored this 90-year-old law, and through the challenged rule sought to unilaterally make a new law and create a new right to collective bargaining for foreign farmworkers.

Southeastern Legal Foundation clients, GFVGA and Miles Berry Farm, and a coalition of 17 states led by Kansas filed a federal lawsuit challenging the legality and constitutionality of the DOL’s new rule. Today the federal court ruled in their favor, reminding our federal agencies that they are not Congress.

In enjoining the DOL’s new rule, the federal court explained that the new rule conflicts with the NLRA’s explicit exclusion of farmworkers and is thus “unconstitutional.” The federal court continued, making clear that in issuing the new rule, DOL exceeded its constitutionally afforded authority and reminding the federal agency that it “may assist Congress, but may not become Congress” and that it “cannot make both executive rules and congressional laws.”

Braden Boucek, VP of Litigation at Southeastern Legal Foundation reacted to the ruling: “Today, a federal court correctly halted this Administration’s illegal attempt to hijack Congress’s role in making law through harmful and disruptive rules change to the well-known H-2A worker program. The decision recognizes that no matter how much the White House tries, it cannot simply ignore federal law or rewrite laws all on its own. Separation of powers protects everyone, especially America’s food producers, from an overreaching executive branch.”

Executive Vice President for GFVGA Chris Butts, applauded the injunction on behalf of GFVGA’s members stating, “This decision validates our belief that the latest set of rules proposed by the Department of Labor go far beyond the authority granted by Congress. Pausing these rules will allow the court to weigh the detrimental impacts these rules would have created within the H-2A program that is so critical to our ability to produce fresh fruits and vegetables here in the U.S. Growers nationwide rely on the program but find it increasingly difficult to administer due to the onerous rules and policies that leave U.S. producers at a demonstrable disadvantage to foreign competitors. This decision is welcome news, and we look forward to having our day in court to protect the interests of growers and their families in Georgia and beyond."

###

The “Protecting Our Produce Act” The bicameral bill would establish a five-year pilot program to provide support for certain specialty crop producers — blueberries, squash, bell pepper, cucumber, or asparagus — when a crop’s national average market price (effective price) falls below its five-year average price (reference price), if the difference is caused by imports.

“Georgia family farms are getting buried by unfair crop imports from South and Central America,” Sen. Ossoff said. “That’s why we are introducing this bill — to ensure Georgia’s family farms and rural communities can thrive.”

“Georgia’s farmers thrive when there is fair competition and Congress can do its part to protect them from unfairly priced imports,” said Congressman Bishop. “Not only is this bill important for the financial stability and security of our nation’s farmers, but also to help protect our supply chain and ensure Americans can get affordable, healthy food closer to home.”

“Georgia growers find themselves at a disadvantage because of the increase in imported fruits and vegetables. This program will enhance the competitiveness of Georgia’s growers and help insure we can continue to produce the highest quality fruits and vegetables here at home,” said Sam Watson, owner of Chill C Farms in Moultrie, Georgia, and President of the Georgia Fruit and Vegetable Growers Association (GFVGA). “We appreciate the work of Senator Ossoff and Congressman Bishop on addressing this critical issue.”

Lawsuit Update

On August 2^nd, a federal court in Brunswick Georgia heard oral argument in Georgia Fruit and Vegetable Growers Association’s (GFVGA) and Miles Berry Farm’s lawsuit against the Department of Labor. The case was brought by Southeastern Legal Foundation on behalf of GFVGA and Miles Berry Farm, together with a coalition of seventeen states. GFVGA and Miles Berry Farm challenged the Department of Labor’s new rule that will force farms to allow temporary foreign farm workers to unionize, a right Congress has not even granted to American farm workers.

The Department claims that it has authority to do so under the Immigration Reform and Control Act, even though that congressional statute—which grants temporary H-2A employment visas to migrant farm workers—never so much as mentions the right to form unions. In doing so, the Department of Labor is usurping separation of powers, ignoring congressional intent, and putting the interests of American citizens last. SLF outlined to the court that the rule exceeds the Department of Labor’s authority, and farmers and producers like Miles Berry Farm and the members of GFVGA will suffer significant economic harm if forced to comply with the rule. And since the rule will affect farms across America, plaintiffs have asked the court to halt enforcement of the rule nationwide.

A decision on GFVGA’s motion for preliminary injunction is expected before the proposed new rules are scheduled to take effect later this month.

New Proposed OSHA Heat Rules

More importantly, it provided the GFVGA team and board the opportunity to visit with key congressional members and discuss vital issues like food safety, trade, and labor.

With Farm Bill negotiations underway, there was no shortage of topics to cover with legislators. GFVGA members took advantage of the chance to tell their stories to lawmakers. Georgia growers continue to face tremendous pressure from low priced imports and a 21% increase in the Adverse Effect Wage Rate over the last two years. While in Washington, GFVGA also announced it’s participation in a lawsuit challenging the latest rules for the H-2A program from the US Department of Labor.

 GFVGA President Sam Watson thought that the group made progress on these important issues. “We had some excellent meetings on the Hill where our Congressional members and their staff listened to our appeals for solutions. GFVGA is well respected as a resource in our Georgia congressional offices.  During our meetings we had the opportunity to communicate the association’s position on the ‘seasonal and perishable’ trade issue, discuss import concerns, and address questions from legislators concerning our lawsuit against the U.S. Department of Labor’s new H-2A regulations.”

 IFPA is also bringing new focus to the labor issue and published a new report this week that highlights the dramatic need for reform in the ag labor space. The report also connects the dots between rising imports and US labor issues. “Escalating labor costs, uncertain availability of employees, and lower wages in competitor countries hinder US growers' competitiveness, leading to heightened reliance on imports to meet demand. Higher labor costs raise prices for domestically grown produce. Reduced US production could jeopardize food security and quality.”

"Our message to our Georgia delegation was clear," said GFVGA Executive Vice President Chris Butts. “With the farm bill moving forward, now is the time to take action to level the playing field for American growers. We continue to see our growers face devastating pressure from low priced imports all the while  struggling to comply with increased regulatory burdens and double digit wage increases. We have some great support from members of the Georgia delegation and we look forward to working together to bring some relief to SE producers.”

The onsite visits allowed the RMA team to see real world, on-farm conditions and the daily challenges growers face.

“Our growers face a variety of risks and crop insurance remains an important tool to protect our operations. Fruit and vegetable growers struggle to find crop insurance options that cover our diverse breadth of crops produced here in Georgia. We appreciate Administrator Bunger and Director Lee taking the time to meet with our members on the farm to help growers better understand the various RMA programs available to help protect against these risks”, said Chris Butts, GFVGA Executive Vice President.

GFVGA also continues to work for meaningful changes to better align crop insurance programs with the needs of specialty crop growers. Through our work with the Specialty Crops Farm Bill Alliance we continue to advocate for changes to make insurance more available, affordable and viable for diverse specialty crop growers.