Our last fertilizer and pesticide recertification class in Tuesday March 5 from 1-5 pm. at the Ramser 4H Center.
OSU Extension Field Specialist Bruce Clevenger teaching computerized farm recordkeeping workshop at the Ramser 4H Center.
If you have questions regarding computerized farm recordkeeping, contact the OSU Extension office – 740-397-0401.
Last week’s snow was a reminder that we’re still in the middle of winter in Ohio, with more cold weather yet to come. Winter weather is a challenge for those who handle manure, and it’s equally challenging to know the laws for applying manure on frozen and snow covered ground. Those laws vary according to several important factors: whether ground is frozen or snow covered, whether a farm is operating under a permit, and the geographical location of the land application. Here’s a summary of the different winter application rules and standards in effect this winter.
What is frozen ground? Ohio’s rules don’t define the term frozen ground, but generally, ground is considered frozen if you cannot inject manure into it or cannot conduct tillage within 24 hours to incorporate the manure into the soil.
Farms with Permits. Farms with permits from the Ohio Department of Agriculture (ODA) or Ohio EPA operate under different rules than other manure applications in Ohio, and they cannot apply manure in the winter unless it is an extreme emergency. Movement to other suitable storage is usually the selected alternative. Several commercial manure applicators have established manure storage ponds in recent years to help address this issue. Continue reading
The U.S. Department of Labor (“DOL”) has introduced a new independent contractor rule, aiming to provide clarity and guidance for both employers and workers. The classification of workers as employees or independent contractors has become increasingly complex in recent years, resembling an endless carousel ride for many businesses, particularly those in the agricultural sector that frequently hire part-time and seasonal help. The DOL’s new rule, published under the Fair Labor Standards Act of 1938 (“FLSA”), seeks to put an end to this perpetual uncertainty surrounding worker classification once and for all.
Background
The FLSA establishes federal standards for overtime pay, minimum wage, and child labor. Ohio law explicitly aligns its interpretation of the term “employee” with that of the FLSA for wage and hour purposes. For the FLSA to apply to an agricultural employer, an employment relationship must be established. This entails determining whether a worker is classified as an employee or an independent contractor.
However, the FLSA itself is silent on how to exactly distinguish an independent contractor from an employee. So, for years the DOL relied on the court system to develop the standard for determining whether a worker should be classified as an employee or an independent contractor. The court system developed an “economic realities test” to help determine whether an employment relationship exists with a worker. The economic realities test is a totality of the circumstances test – which means all factors should be weighed evenly – and relies on six factors. These factors are:
For decades courts and the DOL have applied these factors, or a similar variation of them, to help define employee and independent contractor under the FLSA. However, courts across the country have applied the factors inconsistently and have given certain factors different degrees of weight.
We know the evolution of resistance in waterhemp populations happens faster than new herbicides are discovered, so the recent report of dicamba resistant waterhemp in Iowa by Bayer was not unexpected. Corteva has now reported the discovery of a suspected 2,4-D resistant waterhemp population in Iowa. These reports emphasize the need to use herbicides wisely and diversify weed management tactics beyond herbicides, especially as more farmers rely on herbicide group (HG) 4-based postemergence weed control in both corn and soybean.
In late January 2024, Corteva reported the discovery of a suspected 2,4-D resistant waterhemp population in 2022 in Wright County, Iowa. A Corteva employee collected two samples of waterhemp seed, one from plants in the field and one from plants growing in the ditch adjacent to the field. While greenhouse testing with seed collected from plants in the field did not confirm resistance, plants grown from the ditch population are suspected to be 2,4-D resistant. The communication reported that the ditch had a multi-year history of 2,4-D application to manage broadleaf weeds. Corteva will continue evaluation of the populations in the greenhouse and the field. If resistance is confirmed in this population, it will become at least the fourth report of 2,4-D resistance in waterhemp, joining prior reports from Nebraska in 2009 (Bernards et al. 2012), Illinois in 2016 (Evans et al. 2019), and Missouri in 2018 (Shergill et al. 2018).
Iowa State University screened populations of waterhemp against several herbicides in 2019 at their 1X rates (Table 1). On average, waterhemp exhibited 17% survival to 2,4-D, 5% survival to dicamba, and 4% survival to glufosinate (Hamberg et al. 2023). We are rapidly losing herbicide options for postemergence control of waterhemp.
Now is the time to evaluate how to improve weed management in fields. While herbicides will remain the primary tactic to manage weeds, farmers can implement several best management practices to slow herbicide resistance evolution and improve control of weeds like waterhemp.
Brownfield’s Weekly Commodity update featuring former OSU Extension Ag Economist Ben Brown.
This Week’s Topics:
This week Will and Ben track falling crop prices and where they might be headed.
Market recap (Changes on week as of Monday’s close):
Weekly Highlights
Call Marion County Extension to register 740-914-3030
As we enter the 2024 crop season, it’s time for an update on economic and legal information that affects Ohio farmland leasing. Join our Farm Office team members on March 1, 2024 from 10 a.m. until noon for a special edition of our Farm Office Live webinars. In the Ohio Farmland Leasing Update, we’ll share the latest information on these leasing topics:
Our speakers for the webinar include:
There is no cost to attend the Ohio Farmland Leasing Update, but registration is necessary unless you’re already registered for our Farm Office Live webinars. To register, visit go.osu.edu/register4fol.
A federal court decision last week vacated the registrations of dicamba products XtendiMax, Engenia, and Tavium for over-the-top applications on soybean and cotton crops, making the use of the products unlawful (see our February 12, 2024 blog post). The decision raised immediate questions about whether the U.S. EPA would exercise its authority to allow producers and retailers to use “existing stocks” of dicamba products they had already purchased. Yesterday, the U.S. EPA answered those questions by issuing an Existing Stocks Order that allows the sale and use of existing stocks of the products that were packaged, labeled, and released for shipment prior to the federal court decision on February 6, 2024. For Ohio, the EPA’s order allows the sale and distribution of existing stocks until May 31, 2024 and the use of existing stocks until June 30, 2024.
Here is the EPA’s order: