July 19, 2021
Dear CFVGA Member,
As the 2021 Colorado General Assembly considered SB21-087 during the 2021 session, CFVGA worked within an ag coalition and also hired Axiom Politics to advocate for growers. While the bill will bring monumental changes to growers, we were successful in getting much of the language moved out of the law and into a rulemaking process where growers and ag workers will have an opportunity to weigh in on the specific rules and regulations for the new law's provisions on items such as overtime pay, breaks, hand-weeding and service provider access.
The below notice went out last week as part of CFVGA's weekly Scoop, but because of the importance of this issue and the tight timeline, we thought it important to send you an email dedicated just to the below notice. We also want to make sure everyone understands that these are distinct meetings with different purposes as rulemaking progresses. It is important to have someone from your farm or company sign up for all three meetings. If you have workers who would be good speakers, feel free to ask them to testify. There also ris a link to provide written comment.
We want to make sure all aspects of the hand weeding/hand thinning issue are presented/discussed during the first hearing next Thursday, July 22. To this end, if you want to testify, please plan to be on a CFVGA preparatory Zoom meeting, Tuesday, July 20 at 9am. To get the link for this meeting, please email CFVGA or call 303.594.3827. If you are unable to attend the Tuesday meeting, please do NOT let this discourage you from participating in Thursday's meeting. The purpose of the Tuesday meeting is the ensure all bases are covered.
Finally, CFVGA is activating a text messaging service to deliver vital messages to growers during the growing season when we know you may not be able to consistently read your emails. PLEASE ensure we have your cell/mobile number by logging into our member management system. Make sure you cell phone number is in the mobile number space, even if you already recorded it as your "preferred number." Alternatively, you can email or text your name and cell number to CFVGA (info above paragraph).
To help rulemaking participants understand what the law currently does and does not allow and what items we have an opportunity to influence through the rulemaking process, CFVGA has prepared a preparatory document. This document also may stimulate thought on solutions you might propose within your testimony. Use the green button at the bottom of this email to link to the 2-page PDF.
Marilyn Bay Drake
CFVGA Executive Director
CDA Begins Rulemaking Process for Agricultural Worker Variance for Hand Weeding, First Stakeholder Meeting July 22
The passage of SB21-087, the Agricultural Workers’ Rights bill, requires the Colorado Department of Labor and Employment (CDLE) to set up new rules and regulations for workers in the ag industry. Additionally, the law requires the Colorado Department of Agriculture (CDA) to promulgate the specific rules related to the allowance of hand weeding and hand thinning crops by workers.
CDA’s responsibility is to first establish a procedure for agricultural employers to seek a certificate of variance to allow for more than occasional or intermittent hand weeding of agricultural or horticultural products. Next, CDA must promulgate a rule to establish an allowance on limitations of hand weeding and hand thinning for an agricultural employer actively engaged in the transition to certified organic agriculture. These rules must be proposed by Oct. 31, 2021 and promulgated by Jan 31, 2022.
CDA will hold three virtual meetings to gather feedback and input from stakeholders to develop the rules required by SB21-087. Public input and participation are encouraged. Those who cannot attend the three distinct meetings are encouraged to submit their feedback online using the link below.
SB 21-087 Stakeholder Meetings
Meeting 1: Thursday, July 22, 9:00-10:30 a.m. MST (Register)
Purpose: to discuss the bill and draft a basic outline of the rule
Meeting 2: Thursday, August 12, 9:00-10:30 a.m. MST (Register)
Purpose: To review draft of the rule and provide feedback
Meeting 3: Thursday, August 26, 9:00-10:30 a.m. MST (Register)
Purpose: Review near final version of the rule
Unable to attend these meetings? Provide your input online:
Members of the public can submit their general feedback through this online form.
The information gathered through this form will inform the first draft of the rule. Other feedback forms will be created to give specific feedback once the rule has been drafted.
