House Ag Committee Continues Focus on Farm Economy- Holds Fifth Hearing

A news release yesterday from the House Agriculture Committee indicated that, “Today, Rep. Glenn ‘GT’ Thompson (R-PA), Chairman of the House Agriculture Committee’s Subcommittee on Conservation and Forestry, held a hearing to highlight the impacts of environmental regulation and voluntary conservation solutions. This is the fifth hearing in the Focus on the Farm Economy series [note that a summary of the first four hearings can be found here, here, here and here], where each of the six subcommittees are tasked with examining the growing pressure in rural America from the perspective of the subcommittee. Members heard from two panels of witnesses, including farmers and ranchers who are utilizing voluntary, incentive-based programs to protect and preserve our natural resources, while also maintaining profitable production on their land.

“‘Today, we are once again reminded that locally-led, voluntary conservation practices work. Through assistance and incentive-based programs provided in the Farm Bill, our nation’s farmers and ranchers are voluntarily reducing soil erosion, increasing wetlands, improving water quality, and preserving farmland and wildlife habitats. However, some government agencies continue to implement over burdensome regulatory requirements, which create financial obstacles for our producers. It is important we continue to support common-sense legislation and voluntary practices that enable farmers and ranchers to continue preserving the health and vitality of our natural resources,’ said Subcommittee Chairman Thompson.”

Richard R. Ebert, the President of the Pennsylvania Farm Bureau, explained at yesterday’s hearing that, “Because farmers are likely to regularly experience volatile and unpredictable commodity prices, it is critically important for individual farm businesses to control their operation costs, especially when sharp drops in prices for their products occur. But farmers can’t be effective in managing costs unless they are very certain of what those costs are likely to be for both the short-term and a more long-term span of several years.

“Compliance with the legal obligations associated with commercial business operations is becoming a significant aspect of farmers’ management of costs. Often, actions by government to increase regulatory standards have the effect of increasing a business’ costs of operation. Some businesses have the economic ability to pass the additional costs of increased regulatory standards onto their customers merely by increasing the prices of their products. Increasing their prices doesn’t impact the marketability or consumer demand for their products. Individual farm businesses, however, do not the power in the market to increase prices. The farm business will have to employ some other means – usually reduce or control some other area of cost – to offset any increased costs resulting from more stringent regulatory standards.”

And Kate English, a partner in English Family Partnership in Fort Myers, FL noted at yesterday’s hearing that, “The cost of compliance continues to rise due to the volume and complexity of information required to obtain and maintain compliance with a permit at all levels of government – local, state and federal. Land activities such as leveling, clearing or routine water management that used to be allowed, either without a permit or with a minimal permit that denoted the activity on the land, now require more complex technical information and the fulfillment of ongoing reporting. Permit applications that initially could be completed by the farmer in a few hours now require many months of preparation and expert assistance from legal and engineering professionals to navigate the agencies’ review of the application, which can take more than a year. These changes have exponentially increased the cost of farming and the costs are not prorated to the size of the farm, disproportionately impacting small and mid-sized farms.”

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U.S. Supreme Court Shields “People Search” Companies from Class-Action Lawsuits Arising from Minor Mistakes

David G. Savage reported in today’s Los Angeles Times that, “The Supreme Court on Monday shielded online databanks and ‘people search’ companies from class-action lawsuits arising from the posting of minor mistakes.

“The justices in a 6-2 ruling set aside, for now, a class-action suit against Spokeo Inc., a Pasadena-based provider of online personal profiles that are based on publicly available data.

“The company was sued by Thomas Robins, who was surprised to see his Spokeo profile describe him as married, with children, affluent, in his 50s and holding a graduate degree. None of this was correct, he said.”

Mr. Savage explained that, “The Spokeo case raised alarms for online providers of information, including Facebook and Google, because of the possibility of class-action lawsuits. If the claim by Robins had been upheld, he could have served as the lead plaintiff representing a huge class of people who could make the same claim. The other online giants feared a wave of mass lawsuits based on alleged errors.”

“The decision does not end the case. It will now go back to the lower courts where the lawyers for Robins can try to show that the errors in his profile hurt or damaged him personally,” the L.A. Times article added.

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Lackluster Farm Economy Could Impact Lenders

Reuters writer P.J. Huffstutter reported today that, “Leading U.S. agricultural lenders, including some commercial banks and the Farm Credit System (FCS), could be impacted by the souring farm economy, in part because growth in their loan portfolios in recent years has been heavily rooted in farmland appreciation, a report released on Tuesday by Fitch Ratings said.

“But while such institutions could see the quality of some of their assets deteriorate, the relative strength of the current Farm Credit System and a less volatile interest rate should ease any adverse impact on lenders, Bain Rumohr, director of Fitch Ratings, told Reuters.”

The article explained that, “While there are some parallels between this farm downturn and the agricultural crisis of the 1980s, the differences are significant enough that the result on the U.S. lending sector should be more benign, the report said.

“As a result, Fitch doesn’t expect the sector’s worsening conditions to affect the ratings of FCS or the individual banks in the system.”

Ms. Huffstutter added that, “Economic erosion continued to squeeze Midwest farmers’ capital expenditures and pressure farmland values and cash rents in the first quarter of 2016, according to quarterly reports on the agricultural economy released last week by the Federal Reserve Banks in St. Louis, Kansas City and Chicago. Repayment rates for non-real estate farm loans also continued to sour.”

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Change in Crowdfunding Rules for Some Start-Ups

Stacy Cowley reported on the front page of the business section in Sunday’s New York Times that, “If you’ve always dreamed of being Mr. Wonderful from ‘Shark Tank,’ now is your chance.

“Starting Monday, new rules will permit anyone, not just the moneyed, to risk $2,000 a year or more investing in small companies in exchange for a stake in the business. Companies can raise up to $1 million a year this way.

“This change, years in the making, represents an enormous shift, one that essentially permits anyone to become a venture capitalist — with all the attendant risks of losing one’s shirt on a company that fails. Until now, only accredited investors, meaning those with an annual income of at least $200,000 or a net worth of at least $1 million, have been permitted to take equity stakes in most private companies. The wealthy ‘sharks’ of the ABC reality television series got to risk their money, while the rest of us watched the action from the couch.”

The Times article noted that, “It is also an opportunity for start-ups and other small businesses, which can raise money with fairly few regulatory burdens. For instance, small companies seeking less than $500,000 and most first-time issuers will not need to provide audited financial statements, just unaudited ones.

“‘For the first time, ordinary Americans will be able to go online and invest in entrepreneurs that they believe in,’ President Obama said when he signed the bill into law that set these changes in motion.”

Recall that The Wall Street Journal also reported on the rule changes last week.

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Ohio Looks to Minimize AgriTourism Lawsuits

AP writer John Seewer reported recently that, “Farmers who run pumpkin patches, corn mazes and petting zoos say they can’t always stop an aggressive goat from chomping down on a visitor’s hand or prevent someone from stumbling in a field.

“That’s why Ohio lawmakers have signed off on legislation shielding farmers with agritourism businesses from being sued when accidents happen.

“Supporters of the measure expected to become law once it’s signed by the governor say it’s an acknowledgement that running a business that brings people onto a working farm poses risks not found in most places.”

The AP article indicated that, “The number of U.S. farms reporting income from agritourism grew by about 40 percent from 2007 to 2012, according to the latest Census of Agriculture.

“About half of all states now put limits on liability for agritourism operations, with most being added within the last few years, according to information compiled by the National Agricultural Law Center.”

Mr. Seewer pointed out that, “Ohio’s proposal, like others in most states, does not protect farmers from all lawsuits — only inherent risks such as horse kicking or biting a visitor. A farmer who’s aware of a potentially dangerous situation, such as a dilapidated barn that injures someone, could still face trouble.

“Ohio Farm Bureau Federation lobbyist Brandon Kern said the hope is giving farmers some liability protection will make it easier to get insurance and keep those costs down.”

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Japan Looks to Farm Start-Ups

Paolo Bosonin and Kosaku Narioka reported yesterday at The Wall Street Journal Online that, “A few years ago, rice grower Senichi Makino had a beefy business idea. He wanted to use brown rice to cook up a concoction that mimicked the taste and texture of meat.

“The problem was persuading local banks to lend him the money for a factory. In Japan, banks still prefer to lend against hard assets like land, not just a bright idea, and in a place like Sabae–a quiet countryside town in central Japan–it’s hard to find a venture capitalist.

“Mr. Makino found his savior in a fund led by a national agricultural bank and the Japanese government. It pitched in enough capital to give banks confidence to lend his new company about $4 million.”

The Journal writers explained that, “Behind the fund that backed Mr. Makino is an effort in Japan to counter unprecedented challenges to agriculture. The looming Trans-Pacific Partnership agreement among Japan, the U.S. and 10 other countries could bring in less-expensive foreign produce. Budget pressures are limiting the government’s ability to keep up longstanding generous support for farmers. And aging farm communities need new ideas to keep young people from moving to cities.

“The fund helped Mr. Makino set up a startup called Maisen Fine Food Co. In February, his factory started production and sales began in March. Mr. Makino’s companies now have about 30 employees in total and control most of the supply chain, from planting and harvesting the rice in Sabae to marketing the products in Tokyo.”

The Journal article added that, “Altogether, government-backed funds in the areas of agriculture, forestry and fisheries have invested in about 90 ventures since the program started three years ago.”

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Federal Reserve Reports- Farmland Values- and Cash Rents- Decline

Wall Street Journal writer Jesse Newman reported last week that, “Real farmland values in parts of the Midwest fell at their fastest clip in almost 30 years during the first quarter, according to a regional Federal Reserve report on Thursday.

“Falling crop prices have weighed on land values from Kansas to Indiana over the past two years as farm income declined and investors who had piled into the asset at the start of the decade retrenched.

“Three regional Federal Reserve banks all reported year-over-year declines in farmland values in their districts and said the drops would continue, though their forecasts were based on surveys taken before the recent rally in corn and soybean prices.”

Ms. Newman explained that, “The St. Louis Fed region that includes parts of the U.S. agricultural heartland in Illinois, Indiana and Missouri reported the steepest decline, with the average price of ‘quality’ farmland falling 6.4% in the quarter, the biggest decline since its survey began in 2012 [see related graph below].

“The Chicago Fed said prices for similar land in its district fell 4% from a year ago, the seventh successive quarterly decline. Adjusted for inflation, prices in an area that includes parts of Illinois, Indiana, Iowa, Michigan and Wisconsin fell 5%, the biggest quarterly drop since 1987.

“Declines in the Kansas City Fed’s district, which includes Kansas and Nebraska, were less pronounced, but the bank said prices for nonirrigated cropland fell 4% in the quarter [see related graph below].”

The Journal article added that, “The drop in land values has been accompanied by deteriorating credit conditions, with more loans taken out to cover farm operations even as repayment rates fell on existing debt.”

Christopher Doering reported in Saturday’s Des Moines Register that, “Iowa was among the hardest hit states. Farmland prices as of April 1 dropped 5 percent compared with a year earlier, bringing the string of year-over-year declines in Iowa’s farmland to 10 quarters. During the first three months of 2016, land prices in Iowa declined 1 percent.

“The decline is forecast to continue. David Oppedahl, senior business economist at the Chicago Fed, said nearly two-thirds of the 200 agricultural bankers surveyed expect values to drop in the second quarter, with the rest predicting them to remain stable.”

Cash Rents

With respect to cash rents (see additional background here and here), the St. Louis Fed noted that, “Table 2 indicates that cash rents for quality farmland and ranchland or pastureland also fell in the first quarter of 2016 compared with a year earlier. After falling by 9.5 percent in the fourth quarter of 2015, cash rents on quality farmland fell by an additional 7.5 percent in the first quarter (relative to a year earlier).”

The Chicago District noted that, “In 2016, the index of inflation-adjusted farmland cash rental rates was down more than the index of inflation- adjusted agricultural land values (see chart 2). Indeed, 2016’s real cash rental rates were 13 percent below their level in 1981, whereas real farmland values were still 38 percent above their 1981 level. Given the decrease in cash rental rates was larger than that in farmland values, the spread between their respective indexes widened for the seventh year in a row. This widening gap reflected relatively stronger demand to own farmland than to lease it, as land values did not fall as much as the earnings potential of farmland (represented by cash rental rates). Greater uncertainty about the profitability of crop production likely held down bids by farmers to rent farmland on a cash basis; there were reports of some farms coming up for lease again this year after initial rental arrangements fell through. Not surprisingly, the declines in crop prices of recent years seemed to lower farmers’ expectations for turning a profit on leased acres in 2016.”

And the Kansas City Fed stated that, “Although most costs associated with agricultural production have held firm, cash rents declined for all farmland types. After remaining positive through most of 2015, ranchland cash rents dropped in the first quarter, declining 10 percent from a year earlier (Chart 9).”

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Crowdsourcing for Ideas

Constance Gutske reported in yesterday’s New York Times that, “Some of the best business ideas are inspired by others, or so the wisdom of the crowd goes. That is leading more entrepreneurs to tap into other people’s brains — rather than just their pocketbooks — to test new products, set pricing and bring ideas to market faster.”

The article noted that, “While well-established crowdfunding sites like Kickstarter and Indiegogo dip into people’s pockets, crowdsourcing taps into their brains. Experts say that turning to the masses can even yield sharper answers than other methods.

“‘Crowdsourcing has replaced focus groups,’ said Chris Hicken, president of UserTesting, a company based in Mountain View, Calif., that specializes in sifting through the ideas of crowds on behalf of online businesses. ‘It’s faster and a lot cheaper. Innovation is going so fast that we need faster answers.’

“UserTesting, for instance, helped Speek, a conference calling service, adjust its web design to make it more understandable. As a result, registrations jumped 60 percent, according to Speek.”

The Times article added that, “Other online retailers are turning to crowds for the final say on which products to develop.

“Josh Gustin, co-founder of the online men’s wear store Gustin in San Francisco, put his own twist on crowdsourcing. He was searching for a better way to sell his handmade wares, which include jeans from denim woven on vintage shuttle looms. Three years ago, he hit on a new idea partly inspired by Kickstarter: asking customers to financially back the apparel they like.”

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Proposed Senate Bill Would Put Ban on Packer Ownership of Livestock

A news release this week from Iowa GOP Senator Chuck Grassley stated that, “[Sen. Grassley] has introduced legislation to ban packer ownership of livestock after seeing continued consolidation within the livestock industry.

“‘An effective and efficient marketplace is one where packers that control all harvest capacity of the industry do not also own a majority of the animals to be processed,’ Grassley said. ‘The fact of the matter is that the market continues to become less competitive. It’s time to see if ending packer ownership of livestock will reverse that trend.’

“Over the last several years, we’ve seen large companies joining forces to create new business giants in every sector of the economy, including agriculture. Tyson has purchased Hillshire Brands and JBS purchased Cargill pork. Smithfield, by far the largest pork producer in the world, was sold to the Chinese. And, in the beef industry, packing plants have closed in West Texas and Denison, Iowa which further concentrated power in that industry.”

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Bill in Hawaii Could Provide Tax Breaks to Farmers to Offset the Cost of Getting Certified as Organic by the USDA

Associated Press writer Cathy Bussewitz reported earlier this week that, “On a farm tucked under a lush Hawaii mountainside, Sean Anderson tends passion fruit, kale and salad greens — using only what nature provides.

“He creates his own compost and fertilizers and doesn’t use chemicals. But he’s not certified as an organic farmer because the cost is too high.”

The AP article pointed out that, “That could change after Hawaii became the first state to pass legislation providing tax breaks to farmers to offset the cost of getting certified as organic by the U.S. Department of Agriculture. Gov. David Ige has not yet decided whether he will sign it into law, a spokeswoman said.”

Ms. Bussewitz added that, “A federal program offers organic farmers help covering up to 75 percent of certification costs, for maximum of $750. A bill in the Minnesota Legislature would provide grants of up to $750 to farmers in financial need for organic certification costs. It will be part of negotiations as lawmakers weigh how to spend a budget surplus.

“In Hawaii, the legislation would give farmers up to $50,000 in tax credits for qualifying expenses, which include application fees, inspection costs and equipment or supplies needed to produce organic products. The state would be able to give $2 million in tax breaks per year.

“The cost of getting certified varies widely, ranging from a few hundred to several thousand dollars, according to the USDA. Anderson estimates it would cost him $1,000 to $1,500 per year to get and maintain certification for his 3-acre farm, he said.”

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