Advocacy Must Engage the Congregation

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Bob Stallman
AFBF President

Throughout the years, we’ve counted on your voice to help us educate our state and national legislators on issues that greatly affect the agricultural community. Thanks to your letters, phone calls and visits, we’ve greatly influenced the way our legislators view agriculture. You are the most powerful resource we have in educating legislators about Virginia farmers.

But for Virginia Farm Bureau members,educating our leaders abou important ag issues takes a back seat in the spring and summer months–and for very good reason. Here’s a nice reminder from Bob Stallman, American Farm Bureau Federation president, and the importance of advocacy and reaching out to those outside of our industry.

Advocacy Must Engage the Congregation

by Bob Stallman, American Farm Bureau Federation President

Farm Bureau’s brand of advocacy has been a key part of my entire adult life. I first got involved with the organization when I was relatively young and was having problems with the state of Texas over water rights on my farm. I traveled to a committee hearing in Austin—the first time I’d been to a hearing and the first time I’d been to the state capitol—and met Farm Bureau representatives testifying on behalf of landowners’ water rights. I realized then and there that they were advocating for me and my rights.

When I got home, I took a deliberate step to become involved in my home county Farm Bureau in Colorado County, Texas. I saw first-hand that farmers and ranchers have to be the ones to stand up for agriculture to influence decisions that affect us, otherwise plenty of other people would be more than happy to make those decisions for us. Now, I can’t imagine my life if that hearing in Austin had never happened.

Since those early days at the Colorado County Farm Bureau, I’ve been blessed to travel our great nation, and the world on behalf of Farm Bureau members. From the formality of congressional hearings on Capitol Hill, to the international flavor of world trade negotiations, I still feel most comfortable and at home when I’m headed down a country highway to a friendly, local school cafeteria for a county Farm Bureau meeting. The grassroots level is where all true agricultural advocacy begins.

As I hear the voices and soak in the energy from these grassroots Farm Bureau meetings, it gives me a personal connection to the issues I deal with. Most of the time what they have to say is good, some of the time it’s not. That’s the beauty of Farm Bureau, there’s always room for healthy debate. But in all of my travels, I have never met a farmer without something to say, or more importantly, not willing to get involved to help further our grassroots process. It’s this commitment of our grassroots members who play an active role in U.S. agriculture policymaking that makes Farm Bureau one of the most successful advocacy organizations in this nation.

As Farm Bureau members, it is ingrained in us to be actively involved and to fight for what we believe in and for what we think will better our profession and our country. We are not ones to rest on our laurels while others do the work. We are also not the types to make a lot of noise about an issue and stop there. Farm Bureau members roll up their sleeves and get their hands dirty when it comes to matters that are close to our hearts.

They talk to their neighbors and other members of their community. And they share their personal stories through many platforms, traditional and new.

This, to me, is what advocacy is all about.

But, it doesn’t stop there. The future of upholding agriculture lies in farmers and ranchers being able to communicate in an even deeper and more meaningful way with consumers. We are being asked to fully take in the consumer point of view. We are being asked to answer questions in a meaningful and responsive way. Times are changing. Consumers have not only grown more interested—but have greater influence—in the type of food they consume and how it is produced.

Unfortunately, without the cultivation of deeper connections with consumers, many are apt to view farmers as the unfortunate puppets of Big Ag, because that is pretty much the scope of the emotionally charged messages they read and hear from those planting seeds of doubt about today’s agriculture. It truly is time for a consumer intervention, but one that makes significant and meaningful connections through the qualities of shared values, mutual respect and common ground. The two-way conversation needs to become a connection built on a foundation of understanding and ideals.

I’ve learned many things in my agriculture career. For instance, it never rains when you need it to and there will always be more taxes. More importantly, I’ve learned that farmers and ranchers are the best advocates for their land, their animals and the food they produce. But to be our best advocates, we have to stop preaching to the choir and engage the congregation. It may not be easy and it may not always be comfortable, but it is the best way to ensure the future of those who follow in our chosen profession of agriculture.

Federal Issues Update: EPA Updates to Air Quality Standards and Regulations of Greenhouse Gases Concern Farmers

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The Environmental Protection Agency recently proposed updates to its national air quality standards for both coarse and fine particulate matter. EPA proposed no changes to its standards for coarse particles, which include dust commonly generated by typical farming practices and driving on unpaved rural roads.

“Although we’re pleased with EPA’s decision not to propose changes to its standards for coarse dust particles at this time, there’s much more to this story,” said AFBF President Bob Stallman. “We remain concerned that the final rule EPA will publish later this year could look very different from the initial proposal.”

EPA is expected to publish a final rule on its National Ambient Air Quality Standards in December. The Clean Air Act requires EPA to review ambient air quality standards every five years.

“America’s food producers – farmers and ranchers – need stability and certainty regarding government regulations, which is why Farm Bureau supports the Farm Dust Regulation Prevention Act,” said Stallman.

The Farm Dust Regulation Prevention Act, which would exempt agriculture from EPA regulations, was passed by the House but has not been brought up for consideration in the Senate.


In other air quality news, AFBF told a House subcommittee today that many of America’s farmers and ranchers will face economic challenges due to the EPA’s plan to regulate greenhouse gases.

Carl Shaffer, president of the Pennsylvania Farm Bureau, testified on behalf of AFBF before the House Energy and Commerce Subcommittee on Energy and Power.

“Costs incurred by utilities, refiners, manufacturers and other large emitters to comply with GHG regulatory requirements will be passed on to the consumers of those products, including farmers and ranchers,” Shaffer said. “The end result is that our nation’s farmers and ranchers will be forced to contend with higher input costs to grow food, fiber and renewable fuels.”

Shaffer said farmers will face another economic hit when regulations are fully phased in under EPA’s “tailoring” approach which will apply to farms and ranches that emit, or have the potential to emit, more than 100 tons of greenhouse gases per year. Those farms and ranches will be required to apply for and obtain a Title V operating permit. Based on EPA’s numbers, Shaffer said just the expense of obtaining permits would cost agriculture more than $866 million.

In his testimony, Shaffer expressed Farm Bureau’s support for the House-passed Energy Tax Prevention Act of 2011, which prevents EPA from regulating greenhouse gases. Farm Bureau opposes the regulation of greenhouse gases by EPA under the Clean Air Act.

New Legislation Provides Grants to Beekeepers

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On March 30, 2012, Governor McDonnell signed into law legislation from the 2012 session of the Virginia General Assembly that created the Beehive Grant Fund. Grants from the fund, which will be administered by the Virginia Department of Agriculture and Consumer Services (VDACS), will be available after January 1, 2013.

The fund will provide up to $125,000 in grants for Fiscal Year 2012-2013 and another $125,000 for FY 2013-2014. Beekeepers can get $200 per hive with a maximum of $2,400 per individual in grants. The grant program is official on July 1, 2012, however a beekeeper cannot apply for the grants until January 1, 2013. One of the reasons for this is a beehive would not have enough time to get established and last through the winter if it was started in July.

Registration procedures and the general requirements to qualify for the grant will be published later in the year and will be distributed to interested stakeholders, including the various local beekeeper associations. Interested beekeepers may add their name to the notification list now by e-mailing VABees@vdacs.virginia.gov to be included in all future mailings.

Beekeepers will find information on VDACS’ apiary inspections, the Virginia Pollinator program and more at vdacs.virginia.gov/plant&pest/apiary.shtml. For additional information, contact Keith Tignor at the Virginia Department of Agriculture and Consumer Services, 804.786.3515 or keith.tignor@vdacs.virginia.gov.

Virginia Farm Bureau News Lead: Extension ‘on the rebound,’ farmers told

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This story appeared in the June 7th edition of News Leads, the week’s top ag stories sent out by the VFB Communications Department to media across the state.

The director of Virginia Cooperative Extension said that agency is steadily rebuilding its presence in county offices across Virginia after staffing cuts in recent years.

“I think we’re on the rebound, and good things are starting to happen,” Dr. Edwin Jones, an associate dean at Virginia Tech’s College of Agriculture and Life Sciences, told the Virginia Farm Bureau Federation board of directors at their May 24 meeting.

Farm Bureau has for some time maintained that localities in Virginia need at minimum one agriculture Extension agent, one 4-H agent and one administrative employee. The 2012 Virginia General Assembly appropriated an additional $500,000 for Extension funding for each of the fiscal years in the biennium, for a total of $1 million.

“It was good to hear that vacant Extension positions are being filled,” said VFBF President Wayne F. Pryor. “Having someone local who can address questions ranging from crop and livestock production to business planning to natural resource management is critical to maintaining a sustainable food production system in Virginia.”

Last July, Extension had 179 agents statewide. Jones said 68 agents have been hired since January, though not all are filling new positions. “We’ll be filling about another 10 with recent appropriations from the General Assembly,” he said.

Current staffing is nearly 220 agents—at least 90 agricultural and natural resources agents and at least 90 4-H agents. The others are family and consumer sciences agents.

“I’m thinking if we get around 230, we’ll have a pretty solid base,” Jones said. “I think the pressure will be off many of those who are trying to do more than they can do.”

Through its local offices and specialized agents, Extension brings the resources of Virginia’s land-grant universities—Virginia Tech and Virginia State University—to consumers and farmers alike. Extension staff deliver programs through a network of 106 local, county and city offices, six 4-H educational centers and 12 Agricultural Research and Extension Centers.

In some counties, Jones noted, more than one ANR agent is needed, and when working with youth programs, “it’s really hard (for one agent) to do 4-H on a multi-county basis.” The FCS agents tend to serve four or five counties each, working with programs related to nutrition, parenting and family finances, among other topics.

Extension is funded through the cooperative efforts of local, state and federal governments. It’s a unique system, Jones said. “If we wanted to create it today, it wouldn’t happen.”
 
On average, he said Extension covers two-thirds of an agent’s salary, and the other third is paid by the locality or localities that agent serves. In most instances, he said, counties share the cost of an agent position, “and in some cases the county bears the entire cost of the agent.”

Uranium hearings scheduled for summer/fall

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Andrew Smith
Senior Assistant Director
Governmental Relations

Lifting the 30-year moratorium on uranium mining in Virginia continues to be a hot topic with the citizens of the Commonwealth.

Early this year, Governor Bob McDonnell established the  Uranium Working group to provide a scientific policy analysis to help assess whether the moratorium on uranium mining in the Commonwealth should be lifted, and if so, how best to do so.

Part of responsibility of this work group is to hold public hearings to provide updates and to listen to input from the public. The first of these planned hearings will be June, 18 2012, at 6 p.m. when the Virginia Coal and Energy Commission – Uranium Mining Subcommittee meet at Chatham High School, 100 Cavalier Circle, Chatham.

Interested members are encouraged to attend this meeting to learn more about the study, or provide input. The planned subject matter for this meeting is “Mine Permitting, Environmental Impact Analysis & Environmental Monitoring of Mine Sites, Disposal of Mine Waste, Mine Site Reclamation.“

Other hearings are planned for August, October and November. We will post that information as soon as it becomes available.

To follow the progress of the work group or to find additional information on uranium mining in Virginia go to the Uranium Work Group’s Website. For additional information contact me, Andrew Smith, at andrew.smith@vafb.com.

Antibiotics in animal feed: Point/Counterpoint article needs farmers’ comments

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Sam Gardner, president of Gardner Heifers Inc. in Bedford County and a Virginia Farm Bureau Young Farmer, was recently asked to submit an essay to the Roanoke Times on antibiotic use in agriculture for a point/counterpoint article on their “Roundtable” blog.

In his essay, Gardner explains that the use of antibiotics is crucial to his operation. He states, “My family and I work continually to improve animal care because it’s the right thing to do, and because our business prospects are only as good as the foods we ultimately produce. When antibiotics are used on our farm, they ensure the health and well-being of our animals. We follow safety protocols to ensure that all animals that leave our farm will produce food that is safe for my family and your family to enjoy at the dinner table.”

An opposing essay is written by Susan Vaughn Grooters, the director of research and education for STOP Foodborne Illness. She argues that antibiotic use in animal feed increases the number of antibiotic-resistant foodborne illnesses. “Consumers are shocked to learn that the same antibiotics used to treat their children are being fed to animals, not for infection treatment, but for outdated reasons like growth promotion when no evidence of disease is present for ‘prevention,'” she states. “Mothers don’t use antibiotics to treat their children in place of hygienic practices or for prevention purposes; neither should farmers.”

Please visit the blog here: http://blogs.roanoke.com/roundtable/2012/06/antibiotics-in-animal-feed-pointcounterpoint/ and comment on the misconceptions of antibiotic use in agriculture animals and why they are an important tool farmers use to help ensure the health and well-being of their animals. We need more viewpoints from farmers on this article!

Contributors’ rebuttals will be published June 10.

Agricultural Depredation Order for Resident Canada Geese offered again in Virginia for 2012

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The Virginia Department of Game and Inland Fisheries (VDGIF) and the Wildlife Services Program of the U.S. Department of Agriculture (USDA) are working together to offer Virginia farmers an additional tool to manage problems caused by Resident Canada geese. This tool is an Agricultural Depredation Order.

The Agricultural Depredation Order was proposed in the Environmental Impact Statement on Resident Canada geese published by the U.S. Fish and Wildlife Service in September 2006.

The Agricultural Depredation Order was offered for the first time in Virginia in 2009. This Depredation Order authorizes landowners, operators, and tenants actively engaged in commercial agriculture to use certain lethal methods to control Resident Canada geese on lands that they personally control where geese are damaging agricultural crops.

The Agricultural Depredation Order is a bit different than the Nest and Egg Order in that it is administered by the state agencies and state authorization is required to conduct this control. There is no federal website registration or federal permit, but a state permit is required. The permit is free and agricultural producers can apply for the permit by calling the U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services, P.O. Box 130, Moseley, VA 23120 Phone: (804) 739-7739 FAX: (804) 739-7738. The authorization process will provide a quick turn-around for permits and should make the process more user friendly for landowners and managers.

Activities allowed under this permit include the lethal take of Canada geese from May 1 through August 31, and the destruction of Canada goose nests and eggs between March 1 and June 30. All management actions must occur on the property controlled/managed by the applicant. Geese may not be taken using hunting methods such as decoys and calls. Permit holders must keep a log of their control activities and must submit a report by September 30 of each year detailing the number of birds taken. A copy of the Permit Application, detailing the terms and conditions of the permit, and an Annual Report Form can be obtained from the USDA at the address/number above.

Past efforts have shown that Canada goose depredation control is most effective when a combination of management techniques is used in an integrated approach. These techniques include hunting seasons (special early and regular Resident Canada goose seasons with liberal bag limits), nest and egg destruction, non-lethal treatment methods like hazing and harassment, habitat management and lethal alternatives when needed.

For additional information about Resident Canada geese and other waterfowl populations in Virginia, visit the waterfowl section on the Department’s Web site (http://www.dgif.virginia.gov/wildlife/waterfowl/).

Virginia Farm Bureau News Lead: Easing of Chinese ban on Virginia logs good news for exporters

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This story will appear in the May 31st edition of News Leads, the week’s top ag stories sent out by the VFB Communications Department to media across the state.

China has agreed to re-open its market to exports of Virginia logs, turning around an outstanding barrier to trade between the two countries.

Bans by the Chinese government on poultry and logs from Virginia have proven to be ongoing challenges for the state’s agriculture, forestry and shipping sectors.

“China is our second largest agricultural trade partner and the ban was negatively impacting both Virginia’s exporters and our valued customers in China,” said Gov. Bob McDonnell when he announced a six-month pilot project to re-open the Chinese market to Virginia’s hardwood and softwood log exporters. “My administration will continue working with all involved parties to see that this pilot program is successful and eventually leads to full open market access.”

In April 2011, China banned log exports from Virginia and South Carolina after insects were found in some shipments.

Under the terms of the pilot project, Virginia logs will be allowed to re-enter China beginning June 1 via designated ports and with enhanced pest treatment and testing protocols.

J.J. Keever, Virginia Port Authority senior deputy executive director for external affairs, estimated that the ban was stopping the export of 4,000 to 5,000 shipping containers a month from Virginia during logging season.

“Around 80 percent of forestland in the Commonwealth is privately owned; re-opening the Chinese market is great news for these forestland owners. This will again increase the shipment of their timber grown right here in Virginia. “said Andrew Smith, Senior Assistant Director of Governmental Relations for the Virginia Farm Bureau Federation.

Virginia agricultural and forestry exports totaled $2.24 billion in 2010, which is that state’s second-highest amount ever. Exports of some Virginia commodities increased in 2011 including pork, poultry, soybeans and wood products.

At the end of 2011, Virginia’s secretary of agriculture and forestry Todd Haymore said the record-high exports were good news but the Chinese ban on logs and poultry was an ongoing trade barrier.

Ag Secretary Vilsack Visits Virginia Farm Bureau to Announce New and Expanded Access to Credit for Farmers

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Vilsack attends roundtable at
Virginia Farm Bureau

Agriculture Secretary Tom Vilsack visited the Virginia Farm Bureau building yesterday to announce that the U.S. Department of Agriculture has made substantial, year-over-year gains in expanding credit opportunities for farmers and ranchers across the United States. The increase in farm and operating loans has helped improve farmer and rancher productivity, launched new start-up operations, and ensured opportunities in agriculture for many more Americans. With expanded access to credit, USDA is helping a new generation of farmers sustain and build upon what is now the most productive period in history for American agriculture. To that end, Vilsack announced the Department is seeking comments on a new microloan program to help small and family operations progress through their start-up years with needed resources, while building capacity, increasing equity, and eventually graduating to commercial credit.

“Over the past three years, we have expanded farm and operating loans to Americans from all backgrounds to help raise a new crop of producers across the country,” said Vilsack. “As we expand options in agriculture, we’re seeing a new vibrancy across the countryside as younger people—many of whom are now involved in local and regional production—pursue livelihoods in farming, raising food for local consumption. By leveraging USDA’s lending programs for beginning farmers and ranchers and smaller producers, we’re helping to rebuild and revitalize our rural communities.”

In the past three years, USDA has provided 103,000 loans to family farmers totaling $14.6 billion, and under Secretary Vilsack’s leadership, the department is expanding the availability of farm credit with a special focus on beginning farmers and ranchers, as well as socially disadvantaged producers:

•Since 2008, the number of loans to beginning farmers and ranchers has climbed from 11,000 to 15,000. More than 40 percent of USDA’s farm loans now go to beginning farmers;

•Over 50 percent of the loans went to beginning and socially disadvantaged farmers and ranchers. USDA has increased lending to socially-disadvantaged producers by nearly 50 percent since 2008.

•The total value of loans in persistent-poverty counties is 60 percent higher today than in 2010.

USDA farm loans can be used to purchase land, livestock, equipment, feed, seed, and supplies, or to construct buildings or make farm improvements. For beginning farmers and ranchers, USDA provides affordable credit, including loans under the Beginning Farmer and Rancher Program and Youth Loans. In addition, USDA provides grants under the Beginning Farmer and Rancher Development Program. The establishment of a coordinating office for USDA beginning farmer programs has supported education and training for more than 15,000 beginning farmers and ranchers.

As part of ongoing efforts to streamline and modernize its service to American agriculture, Vilsack announced today that USDA is also seeking comments on a proposal to improve its Operating Loan Program to better meet the needs of small farmers with a new microloan program. Under the microloan proposal, producers who need a loan for less than $35,000 may apply using simplified and streamlined procedures. The program will cut the required paperwork in half and simplify the process to obtain a loan. The goal of the microloan program is to better meet the credit needs of small farm operations while making more effective use of FSA resources. Small farmers often rely on credit cards or personal loans, which carry high interest rates and have less flexible payment schedules, to finance their operations. The improvements aim to offer a more efficient processing time for smaller loans, adding flexibility to some of the eligibility requirements and reducing the application requirements.

The proposed rule may be viewed at https://www.federalregister.gov/articles/2012/05/25/2012-12685/microloan-operating-loans or through the FSA home page at http://www.fsa.usda.gov/. Comments should be submitted no later than July 23, 2012 by either of the following methods:

Federal eRulemaking Portal: http://www.regulations.gov/. Follow the online instructions for submitting comments.

Mail: Director, Loan Making Division (LMD), FSA, USDA, 1400 Independence Avenue, SW, Stop 0522, Washington, DC 20250-0522.

Following is a breakdown of the loans to socially-disadvantaged producers in fiscal years (FY) 1999, 2008 and 2011, respectively:

FY99 Direct Loans
Loans 4,005
Volume $296 million

FY08 Direct Loans
Loans 4,281
Volume $379.4 million

FY11 Direct Loans
Loans 5,901
Volume $565.4 million

Overall Socially Disadvantaged Producer Loan Portfolio*
Individuals 15,906 16,910 18,114
Dollars $1.53 billion $1.97 billion $2.35 billion
(*guaranteed and direct)

Through USDA’s Strike Force Initiative, the department is helping to relieve persistent poverty in high poverty counties by accelerating assistance and improving participation in and access to our programs and services. Since Strike Force began, Farm Service Agency (FSA) loans have helped hundreds of minority producers in high-poverty counties in states with large populations of minority farmers and ranchers. Already in 2012, USDA has made 513 direct loans totaling nearly $45 million to producers in Strike Force counties—a 60-percent increase over the same period last year. Of the total, 74 percent of the loans have gone to beginning and socially disadvantaged producers. More information about the loans to Strike Force counties can be found below.

Following is a breakdown of the loans to producers in the Strike Force states in FY 2011 and 2012:

FY11 FY12

Arkansas
Number of Direct Loans 59 97
Direct Loan Amount in Dollars $4,426,410 $9,113,450
Number of Guaranteed Loans 48 57
Guaranteed Loan Amount in Dollars $17,085,250 $22,261,980

Colorado
Number of Direct Loans 70 97
Direct Loan Amount in Dollars $5,257,995 $8,474,330
Number of Guaranteed Loans 34 20
Guaranteed Loan Amount in Dollars $10,507,304 $8,192,600

Georgia
Number of Direct Loans 126 175
Direct Loan Amount in Dollars $13,517,331 $18,533,690
Number of Guaranteed Loans 68 53
Guaranteed Loan Amount in Dollars $25,631,623 $19,035,270

Mississippi
Number of Direct Loans 68 97
Direct Loan Amount in Dollars $3,330,945 $6,106,360
Number of Guaranteed Loans 16 20
Guaranteed Loan Amount in Dollars $7,049,638 $7,125,000

Nevada
Number of Direct Loans 28 41
Direct Loan Amount in Dollars $1,637,300 $1,874,760
Number of Guaranteed Loans 7 1
Guaranteed Loan Amount in Dollars $2,869,000 $80,000

New Mexico
Number of Direct Loans 0 6
Direct Loan Amount in Dollars $0 $755,000
Number of Guaranteed Loans 0 0
Guaranteed Loan Amount in Dollars $0 $0

Know the laws: Beware of scrap metal theft

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With the current sale price of metals so high there are both opportunities and pitfalls that are approaching the agricultural community. While farmers can find scrap metal on their land to take to recycling centers to earn a little extra income, there is also a rampant increase in the amount of scrap metal theft. Farmers need to be extra careful about suspicious activity near old barns and equipment, especially if there is copper lying around.

Scrap metal theft is up 81% nationwide since 2008. Virginia has laws on the books meant to protect both legitimate scrap metal sellers and scrap metal recyclers. Metal recyclers as defined by the state Code are required to collect certain information from any seller of regulated metals and keep records of such information for not less than five years.

Required information that must be collected includes:

• A record of the seller’s identification information from a driver’s license or other government‐issued current photographic identification that includes the seller’s full name, current address, date of birth, and social security or other recognized identification number

• The time and date of the transaction

• The license plate number of the seller’s vehicle

• A description of the items received from the seller

If the seller is a person who is not an authorized scrap seller or the authorized agent and employee of an authorized scrap seller, documentation, such as a bill of sale, receipt, letter of authorization or similar evidence, establishing that the person lawfully possesses the proprietary articles to be sold

• If the seller is not an authorized scrap seller and has no documentation showing lawful possession, the scrap metal processor must document a diligent inquiry into whether the seller has a legal right to sell the property. After purchasing this property, the scrap metal processor must:

o Submit a report to law enforcement by close of business the following day

o Include in the report a description of the article

o Include in the report a copy of the seller’s identifying information.

o Hold the proprietary article for 15 days after the purchase.

Upon request, law enforcement who presents credentials may inspect during regular business hours and at the normal business location any records required by law.

Reports to law enforcement

Upon requested by law enforcement, a scrap metal processor must furnish a report of all purchases of nonferrous scrap, metal articles, and proprietary articles, excluding aluminum cans and interior household items. Each report must:

• Be submitted on the next business day following the date of a purchase

• Include the seller’s name, date of birth, identification number, address, height, and weight and the license plate number of any motor vehicle in which the goods or things were delivered

• Be submitted in the proper format

Virginia law not apply to the purchase, sale or disposal of any material that is used in the provision of health care by any professional who is licensed, certified or registered to practice by a board within the Department of Health Professions.