Andrew Smith Senior Assistant Director Governmental Relations

More and more farmers are selling directly to consumers these days. It’s a good thing to buy local, especially to support your local farmer, but with that comes the responsibility of knowing how that transaction could be affected by any taxation through the Virginia Retail Sales and Use tax. Just because the transaction isn’t taking place in a conventional market place doesn’t mean it’s not a taxable sale. There are circumstances where no sales tax should be charged, in occasional sales, or those that qualify at a farmer’s market or a roadside stand (§ 58.1-1707), but in general farmers should know what the law is and when they need to register as a business with the Virginia Department of Taxation, as well as know when to collect the sales and use tax.

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The Department of Transportation (DOT) has placed a 90-day delay on the implementation of electronic logging devices (ELD) for agriculture commodities.

The announcement was made by DOT’s Federal Motor Carrier Safety Administration (FMCSA) at a briefing on Nov. 20.  FMCSA still plans to move forward with the ELD rule on Dec. 18, 2017.  The 90-day waiver for agriculture commodities will begin on Dec. 18 in an effort for FMCSA to evaluate issues revolving around the hours of service requirements.  The primary concern for agriculture has come from livestock haulers.

What are ELD’s?

ELDs are a record keeping device synchronized to a truck engine that logs information digitally.  In real-time an ELD records data such as time spent on the road, miles driven, location and engine hours.

Who will this impact?

Most farmers should be exempt from the ELD mandate because they can claim covered farm vehicle (CFV) status.  For those who cannot claim CFV status they will be able to take advantage of the 90-day waiver. DOT will be publishing additional guidance and official notice of the waiver in early December.

Are we still accepting comments?

Farm Bureau has developed sample comments that members can utilize in responding to DOT’s request for comment in response to our original petition.  The comment period will be closing on November 30^th.  Members wishing to submit comments on the petition can utilize the following link: https://www.fb.org/advocacy/eld/

USDA announced that it will invest $207 million in loans and grants for broadband expansion projects in 13 states. The awards are financed through USDA’s Telecommunications Program.

A total of nine grants were awarded in Minnesota, Oklahoma, Tennessee, Virginia, Washington and West Virginia to expand broadband in rural areas. Additionally, 10 loans were issued in Illinois, Iowa, Kansas, South Dakota, Tennessee, Utah, Virginia, and Wisconsin. According to USDA, these loans will provide new or improved broadband access for more than 71,000 residents and businesses in 74 counties.

This link provides a summary of the projects that were awarded the loans and grants.

Send your comments to the Federal Motor Carrier Safety Administration to exempt livestock drivers from the Electronic Logging Device (ELD) requirement to record the driver’s hours-of-service.

The exemption from ELDs for livestock haulers – defined as “livestock, poultry, aquaculture and insect producers, processors and transporters” – is necessary because:

Livestock haulers are not, and will not be, prepared to meet the compliance due date.

The welfare and safety of the animals in transit, together with the safety of other drivers, are the industry’s top priorities.

Granting a waiver will allow for long-standing livestock transportation safety and training programs to be adjusted and provide the necessary time for training on the use of ELDs.

The American Farm Bureau is seeking an exemption for all livestock haulers from ELD requirements. Send you comments today!

The deadline for you to submit comments is November 30, 2017!

Click here to send your comments: https://www.fb.org/advocacy/eld/

U.S. Secretary of Agriculture Sonny Perdue today announced the launch of U.S. Department of Agriculture (USDA) resources to provide comprehensive and timely support to veterans interested in opportunities in agriculture, agribusiness, and in rural America. The resources include a new website and a USDA-wide AgLearn curriculum to allow all employees to understand the unique opportunities offered to our nation’s veterans.

“From the beginning of this Administration, USDA has focused on how to best serve our veterans,” said Secretary Perdue. “These men and women of the United States military have kept America free and deserve the utmost respect. Across the country, these veterans are beginning to fill roles that preserve rural communities while providing for their livelihood. Through these resources, USDA is committed to helping veterans in agricultural areas so we can strengthen the American economy and provide assistance for those who have served. Veterans and agriculture are just a great fit.”

USDA supports veterans in the areas of the “three Es” – employment, education, and entrepreneurship, and pulls together programs from the Department’s 17 agencies that veterans may use. Watch this video or view below to learn more about USDA’s new veterans resources.

Veterans who are interested in learning more about opportunities through USDA can visit www.usda.gov/veterans or visit their local USDA Service Center.

The Virginia Department of Agriculture and Consumer Services announced that the USDA’s National Agricultural Statistics Service (NASS) released the November Crop Production report today, showing an increase in a projected record yield for soybeans, and increases for corn and peanuts from October. Cotton is holding steady, with forecast production still up 90 percent from 2016.
“Yield forecasts improved when compared with a month ago,” said Herman Ellison, Virginia state statistician. “Prospects for corn, soybeans and peanuts all increased based on Nov. 1, conditions. Harvest progress went well during the month of October and is wrapping up.”

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The U.S. Department of Agriculture’s National Agricultural Statistics Service (NASS) is encouraging producers to respond to two upcoming surveys – the December Agricultural Survey and the County Agricultural Production Survey – that are critical to row crop producers around the country.  The results of the surveys help determine the structure of the 2017 farm payment and risk management programs administered by USDA’s Farm Service Agency and Risk Management Agency.

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The sixth annual Virginia Farm to Table Conference will be held Dec. 6 and 7 at Blue Ridge Community College’s Plecker Workforce Center in Augusta County.

The conference is an opportunity for learning, networking and community-building among producers, buyers, restaurateurs, food entrepreneurs, community and agricultural development officials, nutrition and dining service directors, dietitians, policymakers, educators, farm-to-school advocates, technical service providers and food system stakeholders.

Keynote speakers include Diane Imrie, registered dietitian and director of nutrition services at the University of Vermont Medical Center; Anne and Jack Lazor, founders of Butterworks Farm, an organic and grass-fed dairy operation in Westfield, Vt.; and Shorlette Ammons, outreach coordinator for the Center for Environmental Farming Systems at N.C. State University.

In addition to the speakers, there will be concurrent sessions where producers and practitioners share their local and regional expertise on topics such as sustaining farms, families and communities; soil health and water quality; organic grain production; market readiness; hospitality and service; and improving food equity and access.

Registration and conference details are available at conference.virginiafarmtotable.org. Registration is $40 per day until Nov. 30 and $60 per day afterward.

The House Ways and Means Committee has released its tax reform plan, the Tax Reform and Jobs Act.   This is the first major tax package since the 1980s and this legislation is expected to move quickly through Congress.  A lot of work remains to enact the bill into law. 

It includes the following provisions important to farmers:

Reduced Business Tax Rates
Immediate Expensing of Business Investments
Continuation of Cash Accounting
Continuation of Section 1031 Like Kind Exchanges
Estate Tax Relief

NOW is the time to tell your legislators we need common sense tax reform to ensure these items remain in the final bill.  

The federal tax code should be simple, transparent, revenue-neutral and fair to farmers, and it should recognize farmers’ unique financial challenges. The Tax Reform and Jobs Act is a step in the right direction.

Click here to Take Action: https://www.fb.org/advocacy/tax-reform-and-jobs-act

Farm Bureau Applauds House Tax Reform Plan.

Click here to learn more about Agriculture and Tax Reform.

The State Fair of Virginia’s 2017 attendance was nearly 250,000, the second-highest since the fair moved to The Meadow Event Park in 2009.

“Our carnival and food gross sales were both records for the State Fair,” explained Marlene Pierson-Jolliffe, the fair’s vice president of operations. “Our new layouts were a success, and it was a very smooth operational fair.”

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