12
JUST WHEN YOU THOUGHT IT COULDN’T GET ANY SILLIER…IT DOES by Brad Mitchell, Director of Government Relations OPEN APPLICATION PERIOD FOR ENERGY & ENVIRONMENTAL GRANTS MDAR will be accepting applications from agricultural operations who wish to participate in the Department’s energy and environmental programs for Fiscal Year 2014. Interested operations are encouraged to review the applications on each programs webpage. If interested in applying applications will need to be submitted by program deadlines with any supporting materials. Agricultural Environmental Enhancement Program (AEEP) e purpose of AEEP is to support agricultural operations that are looking to install conservation practices that prevent direct impacts on water quality, ensure efficient use of water, as well as address impacts on air quality. By providing reimbursement directly to agricultural operations that implement eligible projects that prevent, reduce or eliminate environmental impacts, the program achieves its purpose and goals of minimizing environmental impacts from these operations for the benefit of the Commonwealth. AEEP is a competitive, re-imbursement grant program that funds materials and labor up to $25,000 or 85% of project costs. All projects must be completed by June 30, 2014. e deadline for applications is April 30, 2013. AEEP grant applications are available at www.mass.gov/eea/agencies/agr/ about/divisions/aeep.html. Ag-Energy Grant e purpose of the MDAR’s Ag- Energy Grant is to assist agricultural operations in an effort to improve energy efficiency and to facilitate adoption of alternative clean energy technologies in order that they can become more sustainable and the Commonwealth can maximize the environmental and economic benefits from these technologies. Reimbursement grants of up to $25,000 will be awarded on a competitive basis. All projects must be completed by June 30, 2014. e deadline for applications is May 3, 2013. Ag-Energy Grant applications are available at www.mass.gov/eea/ agencies/agr/about/divisions/ag- energy.html MASSACHUSETTS FARM BUREAU FEDERATION e Voice of Agriculture The Official Newspaper of the Massachusetts Farm Bureau Federation© Vol. 21 Issue 3 April 2013 1.866.548.MFBF News & Views OUR MISSION: TO PROTECT THE RIGHTS, ENCOURAGE THE GROWTH AND BE OF SERVICE TO OUR MEMBERS IN THE BEST INTEREST OF AGRICULTURE POSTAL CUSTOMER PRSRT STD US Postage PAID Permit #1 N. Haverhill, NH Massachusetts Farm Bureau 249 Lakeside Ave Marlborough, MA 01752 MORE OF THE SAME… We’re at the beginning of a new legislative session and animal rights advocates are once again pushing legislation designed to get headlines and increase donations, over that which actually provides meaningful protection of animals. And it is getting very, very silly. HSUS and friends are back again with bills (Senate and House versions) which would ban veal and gestation crates. e MSPCA sent a letter to Massachusetts legislators urging support for these bills and speaking of the “thousands” of animals suffering in veal crates and sow gestation crates. What they neglected to mention was that none of these animals are in Massachusetts. Veal crates and gestation crates haven’t been used in MA for some time and will never be used again (these practices favor large farms which operate on an economy of scale.) And, these groups are ramping up their PR machines as well. Casey Affleck (brother of actor Ben Affleck) even made an appearance at the State House to support these bills. Just how relevant these bills are to the reality of MA agriculture is evident when you look at where the supporters are from. e sponsors of the HSUS bills, Representative Lewis and Senator Hedlund, hail from the agricultural hubs of Winchester and Weymouth respectively. Meanwhile, Casey Affleck apparently acquired his vast knowledge of Massachusetts agriculture in the rolling fields of Cambridge, MA. While the bills themselves are silly, the impact they could have on farmers could be extremely negative. Most farmers in MA sell directly to the public and have been working for years to build customer trust – a cornerstone of the Buy Local movement. Passage of these bills would send a strong message to consumers that there is a problem on MA farms. AND NOW FOR SOMETHING COMPLETELY DIFFERENT… Not to be outdone by his urban compatriots, Senator Montigny from New Bedford has filed a bill which would allow any private citizen to sue anyone they believe is treating animals inhumanely. is would mean that your neighbor (or even a passerby) could sue a farmer (or hunter, pet owner, etc.) for whatever they consider to be animal cruelty. When I was working for the state, I used to get a lot of calls from citizens complaining about things like, “A cow has been left all alone in a field to give birth. e farmer needs to take it to a vet,” or what about “poor Highland cattle left out in the snow.” If this bill passes, Joe Citizen would be able to do a lot more than just complain. ey’d also be able to sue the farmer for these things. Aside from empowering the misguided, the bill would create the opportunity for endless nuisance suits. Do you have a difficult neighbor who is upset that you run your tractor at 7 am? See Just when you thought it couldn’t get any siller page 5... A s I write this, we are just cleaning up from another snow storm with temperatures much colder than nor- mal. Meeting season will be over soon and we will start another grow- ing season. One of the great things about agriculture is the annual rebirth of our farms. We get a fresh start, just like the Red Sox, and we wonder how things will look in October. I want to congratulate Terri Lawton from Norfolk County for successfully completing the AFBF Partners in Agricultural Leadership Program. I attended her graduation in Phoenix. Terri has learned much in this program designed to enhance leadership skills of mem- bers from the AFBF Young Farmers & Ranchers Pro- gram. Look for an article from her in this newsletter. During February, I spent the better part of two weeks in Washington, DC. e first week was to receive new AFBF board member orientation, attend my first board meeting, and continue long range planning for AFBF as the organization approaches its 100th anniversary. e connection between many state farm bureaus, insur- ance companies, and the federal health care plans are negatively impacting membership growth. We spent lots of time talking about how to prioritize programs within AFBF to continue to be effective but to also live within our means. e second week was to attend meet- ings of the IR-4 Program which works on minor crop pest management with EPA, USDA, the Universities, and pesticide (organic and conventional) manufacturers. ere are lots of conversations in DC about the budget, who gets cut, how much, and what to do about the future. On the Farm Bill side, we are see- ing continued erosion of agriculture dollars in fa- vor of food and nutrition dollars. Continuing resolu- tions combined with selective cutting of high-profile items seem to be the way things will go for a while. I attended a breakfast in DC with Senator Marco Rubio sponsored by CA and FL Farm Bureaus and the Florida Fruit and Vegetable Growers Association. It was a good meeting and it is clear that both FL (Rubio) and CA (Feinstein) are the key players on the agricultural side of immigration reform. Everyone seems to be on board with allowing existing illegals to stay here with tempo- rary working cards and a way for them to eventually get green cards while they stay in their current jobs. e tricky part is what to do about the need for replacement workers from outside the U.S. as these workers gradually get green cards and establish a pathway to citizenship. Many do not like the H-2a program but there is not much agreement on how to either improve or replace it. I continue to work on comments related to the pro- posed FDA food safety regulations. I met with the New England Ag Commissioners at the Harvest New Eng- land meeting in Sturbridge and they are committed to writing a joint document. We will also work to get as many commodity groups, farm bureaus, etc. to write letters. Finally, it will be important for individual grow- ers to weigh in. Sometime in April, we will have bullet points created and instructions on how to comment. As always, I appreciate your thoughts and criti- cisms. I am looking for thoughts on how to improve and fund our land preservation ef- forts. Contact me at any time if you want to talk. Rich Bonanno, President [email protected] 978-361-5650 PRESIDENT’S CORNER by Richard Bonanno, Ph.D

April 2013 MFBF News & Views

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Page 1: April 2013 MFBF News & Views

JUST WHEN YOU THOUGHT IT COULDN’T GET ANY SILLIER…IT DOES by Brad Mitchell, Director of Government Relations

OPEN APPLICATION PERIOD FOR ENERGY & ENVIRONMENTAL GRANTSMDAR will be accepting applications from agricultural operations who wish to participate in the Department’s energy and environmental programs for Fiscal Year 2014. Interested operations are encouraged to review the applications on each programs webpage. If interested in applying applications will need to be submitted by program deadlines with any supporting materials.

Agricultural Environmental Enhancement Program (AEEP)

Th e purpose of AEEP is to support agricultural operations that are looking to install conservation practices that prevent direct impacts on water quality, ensure effi cient use of water, as well as address impacts on air quality. By providing reimbursement directly to agricultural operations that implement eligible projects that prevent, reduce or eliminate environmental impacts, the program achieves its purpose and goals of minimizing environmental impacts from these operations for the benefi t of the Commonwealth.

AEEP is a competitive, re-imbursement grant program that funds materials and labor up to $25,000 or 85% of project costs. All projects must be completed by June 30, 2014. Th e deadline for applications is April 30, 2013. AEEP grant applications are available at www.mass.gov/eea/agencies/agr/about/divisions/aeep.html.

Ag-Energy Grant

Th e purpose of the MDAR’s Ag-Energy Grant is to assist agricultural operations in an eff ort to improve energy effi ciency and to facilitate adoption of alternative clean energy technologies in order that they can become more sustainable and the Commonwealth can maximize the environmental and economic benefi ts from these technologies.

Reimbursement grants of up to $25,000 will be awarded on a competitive basis. All projects must be completed by June 30, 2014. Th e deadline for applications is May 3, 2013. Ag-Energy Grant applications are available at www.mass.gov/eea/agencies/agr/about/divisions/ag-energy.html

MASSACHUSETTSFARM BUREAU FEDERATION

� e Voice of Agriculture

The O� cial Newspaper of the Massachusetts Farm Bureau Federation© Vol. 21 Issue 3 April 2013 1.866.548.MFBF

News & Views

OUR MISSION:TO PROTECT THE RIGHTS,

ENCOURAGE THE GROWTH AND BE OF SERVICE TO OUR MEMBERS IN

THE BEST INTEREST OF AGRICULTURE

POSTAL CUSTOMER

PRSRT STD

US PostagePAIDPermit #1

N. Haverhill, NH

Massachusetts Farm Bureau249 Lakeside AveMarlborough, MA 01752

MORE OF THE SAME…

We’re at the beginning of a new legislative session and animal rights advocates are once again pushing legislation designed to get headlines and increase donations, over that which actually provides meaningful protection of animals. And it is getting very, very silly.

HSUS and friends are back again with bills (Senate and House versions) which would ban veal and gestation crates. Th e MSPCA sent a letter to Massachusetts legislators urging support for these bills and speaking of the “thousands” of animals suff ering in veal crates and sow gestation crates. What they neglected to mention was that none of these animals are in Massachusetts. Veal crates and gestation crates haven’t been used in MA for some time and will never be used again (these practices favor large farms which operate on an economy of scale.) And, these groups are ramping up their PR machines as well. Casey Affl eck (brother of actor Ben Affl eck) even made an appearance at the State House to support these bills.

Just how relevant these bills are to the reality of MA agriculture is evident when you look at where the supporters are from. Th e sponsors of the HSUS bills, Representative Lewis and Senator Hedlund, hail from the agricultural hubs of Winchester and Weymouth respectively. Meanwhile, Casey Affl eck apparently acquired his vast knowledge of Massachusetts agriculture in the rolling fi elds of Cambridge, MA.

While the bills themselves are silly, the impact they could

have on farmers could be extremely negative. Most farmers in MA sell directly to the public and have been working for years to build customer trust – a cornerstone of the Buy Local movement. Passage of these bills would send a strong message to consumers that there is a problem on MA farms.

AND NOW FOR SOMETHING COMPLETELY DIFFERENT…

Not to be outdone by his urban compatriots, Senator Montigny from New Bedford has fi led a bill which would allow any private citizen to sue anyone they believe is treating animals inhumanely. Th is would mean that your neighbor (or even a passerby) could sue a farmer (or hunter, pet owner, etc.) for whatever they consider to be animal cruelty.

When I was working for the state, I used to get a lot of calls from citizens complaining about things like, “A cow has been left all alone in a fi eld to give birth. Th e farmer needs to take it to a vet,” or what about “poor Highland cattle left out in the snow.” If this bill passes, Joe Citizen would be able to do a lot more than just complain. Th ey’d also be able to sue the farmer for these things.

Aside from empowering the misguided, the bill would create the opportunity for endless nuisance suits. Do you have a diffi cult neighbor who is upset that you run your tractor at 7 am?

See Just when you thought it couldn’t get any siller page 5...

As I write this, we are just cleaning

up from another snow storm with temperatures much colder than nor-mal. Meeting season will be over soon and we will start another grow-ing season. One of the

great things about agriculture is the annual rebirth of our farms. We get a fresh start, just like the Red Sox, and we wonder how things will look in October.

I want to congratulate Terri Lawton from Norfolk County for successfully completing the AFBF Partners in Agricultural Leadership Program. I attended her graduation in Phoenix. Terri has learned much in this program designed to enhance leadership skills of mem-bers from the AFBF Young Farmers & Ranchers Pro-gram. Look for an article from her in this newsletter.During February, I spent the better part of two weeks in Washington, DC. Th e fi rst week was to receive new AFBF board member orientation, attend my fi rst board meeting, and continue long range planning for AFBF as the organization approaches its 100th anniversary. Th e connection between many state farm bureaus, insur-ance companies, and the federal health care plans are negatively impacting membership growth. We spent lots of time talking about how to prioritize programs within AFBF to continue to be eff ective but to also live within our means. Th e second week was to attend meet-ings of the IR-4 Program which works on minor crop pest management with EPA, USDA, the Universities, and pesticide (organic and conventional) manufacturers.

Th ere are lots of conversations in DC about the budget, who gets cut, how much, and what to do about the future. On the Farm Bill side, we are see-ing continued erosion of agriculture dollars in fa-

vor of food and nutrition dollars. Continuing resolu-tions combined with selective cutting of high-profi le items seem to be the way things will go for a while.

I attended a breakfast in DC with Senator Marco Rubio sponsored by CA and FL Farm Bureaus and the Florida Fruit and Vegetable Growers Association. It was a good meeting and it is clear that both FL (Rubio) and CA (Feinstein) are the key players on the agricultural side of immigration reform. Everyone seems to be on board with allowing existing illegals to stay here with tempo-rary working cards and a way for them to eventually get green cards while they stay in their current jobs. Th e tricky part is what to do about the need for replacement workers from outside the U.S. as these workers gradually get green cards and establish a pathway to citizenship. Many do not like the H-2a program but there is not much agreement on how to either improve or replace it.

I continue to work on comments related to the pro-posed FDA food safety regulations. I met with the New England Ag Commissioners at the Harvest New Eng-land meeting in Sturbridge and they are committed to writing a joint document. We will also work to get as many commodity groups, farm bureaus, etc. to write letters. Finally, it will be important for individual grow-ers to weigh in. Sometime in April, we will have bullet points created and instructions on how to comment.

As always, I appreciate your thoughts and criti-cisms. I am looking for thoughts on how to improve and fund our land preservation ef-forts. Contact me at any time if you want to talk.

Rich Bonanno, President [email protected] 978-361-5650

PRESIDENT’S CORNER by Richard Bonanno, Ph.D

Page 2: April 2013 MFBF News & Views

2 NEWS & VIEWS April 2013

‘TIS THE SEASON: FARM EQUIPMENT MAINTENANCE AND SAFETYAs spring planting nears, it’s important to make sure your farm equipment is in top working condition. Having a breakdown can be costly in two important ways: the bill for replacing the broken part(s) and the time lost in the field. There are certain precautions a farmer can take before, during and after the season to keep equipment in optimum working condition, such as conducting a pre-season maintenance review or taking equipment to a local dealer for inspection.Performing regular maintenance will not always prevent breakdowns in the field, but by following these suggestions, you can make them less likely.• Read the operator’s manual.• Conduct maintenance properly.• Keep electrical connections dry and free of debris.• Do not overestimate the operating capacity of your equipment.• Replace worn parts before they become broken parts.• Store equipment in appropriate shelters.• Do not let an untrained person operate the equipment.• Do not ignore warning signals that say something is wrong.• Try not to operate machinery in less than optimal weather conditions,

which can put a real strain on the equipment.

It’s also critical to complete maintenance in a safe manner. Remember the following:• Avoid improper lifting.• Keep all tools in good working condition.• Take extra precaution when making hydraulic system repairs. Use paper or

cardboard, not a hand, to find a leak.

• Use the right tool for the right job.• Make sure all equipment is turned off and stabilized and that chocks are

placed under the wheels to prevent rolling.• Never climb under a vehicle or piece of equipment on a jack unless it is

properly secured with blocks or jackstands.• Pay extra attention to heavy or sharp objects. They’re essential to farming

operations but can cause serious bodily harm.• Make sure all tools have proper safety shields.• Keep the work area clean, and practice safe habits when working.• Wear protective clothing and safety gear.• Train family members and workers to pratice safe work habits.• Educate novices helping with repairs and maintenance prior to their

participation.

And remember, don’t hurry. Most accidents happen when people rush and don’t think through what they’re about to do. Take the time to consider safety and you could reduce your risk of loss or injury. Go to www.farmfamily.com and look at our loss control section for more information on implementing risk management and safety in the workplace.

(The information contained in this article has been obtained from sources believed to be reliable. The information is general in nature and may not apply to all circumstances. Farm Family, its affiliates, agents and employees do not guarantee the accuracy or completeness of the information provided and assumes no liability, expressed or implied, in connection therewith.)

ALL NEW!!! MFBF YF&R STATE COMPETITIONSExcellence in Agriculture Award

The Massachusetts Farm Bureau Young Farmers & Ranchers Excellence in Agriculture Award program is an opportunity for individuals or couples between the ages of 18-35 that are involved in agriculture or agribusiness but do not get their entire income from the industry. It is a chance to be recognized while actively contributing and growing through involvement in their county and State Farm Bureau. Participants will be judged on their involvement in agriculture, leadership ability, involvement and participation in Farm Bureau and other organizations (i.e., civic, service and community).

Agriculture Achievement Award

The Massachusetts Farm Bureau Young Farmers & Ranchers Agriculture Achievement Award will recognize outstanding young producers between the ages of 18-35 for their efforts in production agriculture, leadership ability, and involvement and participation in their county and State Farm Bureau and other organizations. This is a great opportunity for individuals or couples to be recognized for their involvement in production agriculture with a majority of their income coming from the industry and subject to normal production risks.

Contact your County Farm Bureau for an application form! Nominations from the county will be presented to MFBF. County applicants will go on to compete at the MFBF Annual Meeting in the winter of 2013. State winners will go on to represent Massachusetts Farm Bureau at the American Farm Bureau Federation Annual Meeting being held in San Antonio, Texas in January 2014, cost of hotel and airfare included. Winners at the national level have walked away with new tractors, pick-up trucks, chainsaws, cash and more!

For further information, contact the Young Farmer & Rancher Coordinator at the MFBF office. [email protected] or your County YF&R Representative.

County YF&R Reps:

Berkshire-OPENBristol-OPENCape & Islands-OPENEssex-Christoper [email protected] L’[email protected] [email protected] Jaime [email protected] [email protected] [email protected] [email protected] [email protected]

Jamie CruzYF&R ChairMassachusetts Farm Bureau [email protected]/MAFarmBureauYoungFarmers

YOU CAN MAKE A DIFFERENCE ON THE KEY ISSUES FACING AGRICULTURE To help find a solution to agriculture’s key issues in 2013, the first step is to educate the decision-makers by sharing your story. Unfortunately, many members of Congress do not fully understand the issues facing agriculture. Before engagement can influence lawmakers, we must provide them with the impact these issues have on you, your community and the district. Your story will assist AFBF efforts to educate lawmakers and their staff. This is where you can make a difference. AFBF is seeking your input on three pressing issues:• Why the Farm Bill matters and how it benefits and impacts your farms and your communities• The need for a legal agricultural workforce and the challenges of current guest worker programs, focusing on the importance of a new agricultural labor

program• Impacts of federal regulatory rulemaking on farms and ranches

Your stories will put a real face on the issues and help to educate lawmakers. Your messages will help Farm Bureau lobbying efforts. Your contact information will be kept confidential.

To tell your story visit: http://www.fbactinsider.org/share-your-story

Page 3: April 2013 MFBF News & Views

April 2013 NEWS & VIEWS 3

Looking back on the past two years of training in AFBF’s Partners in Agricultural Leadership program, I realize that these learning modules helped me become much more effective.

The most important thing I learned about in PAL was myself. I learned how to use my strengths to advocate for farmers. I learned what my biggest challenges are and how to work through them.

Most of the training focused on advocacy with legislators and with the public. Sometimes working with other groups can help us be more effective with legislators. And we learned how to analyze situations and determine where

collaboration might be the best solution. Some groups are great to ally with, others would be more difficult to work with.

I’ve had lots of life changes in the past two years too. Although I’ve stepped back from directly managing the dairy, while I’m working on various projects, like writing a book about farming, helping beginning farmers run more profitable farms and working to raise capital which I plan to use to help protect farmland in Massachusetts. Because of my interest in making farmland available to young and beginning farmers, I’m excited about President Bonanno’s interest in working on Farm Bureau’s farmland preservation program.

I look forward to putting the skills I’ve learned in the AFBF’s Partners in Agricultural Leadership program to work for Massachusetts Farm Bureau. I think our member-driven program can continue to grow and represent Massachusetts farmers. I’m grateful to be part of this organization and excited to put my skills to work for Massachusetts Agriculture.

Terri Lawton

TERRI LAWTON’S FIRSTHAND AFBF PAL EXPERIENCE

Page 4: April 2013 MFBF News & Views

MASSACHUSETTS

FARM BUREAU FEDERATION, INC.

Toll Free-1.866.548.MFBF

President A. Richard Bonanno, PhD

Vice-president Edward Davidian

Treasurer Mark Amato

Immediate Past President Alex P. Dowse

DIRECTORS:

Berkshire—Andy Schmidt Bristol—Frederick Vadnais, Jr.

Cape Cod & Islands— Kim Knieriem

Essex—Peter Gibney Franklin—Nathan L’Etoile Hampden—Leon Ripley

Hampshire—Alan Everett Middlesex—Ricahard Bourgault

Norfolk—Rudolph Medeiros Plymouth—Jack Angley Worcester—Jon Nourse

Budget Committee

Charles Proctor Wayne Smith Robert Parrish

Directors-at-Large Charles McNamara

Jim Larkin

Women’s Committee Joyce Ripley

Young Farmer Committee Jamie Cruz

MFBF Staff:

Douglas P. Gillespie Executive Director

John Conners Communication & Technology

Brad Mitchell

Director of Government Relations

Kent Lage Director of Forestry Programs

Cheryl Lekstrom Director of Member Relations

Joan Monaco-Office Manager

Liz Smith

Susan Cornelia

Kelley Garufi

4 NEWS & VIEWS April 2013

Your county Farm Bureau is hard at work building an organization that represents you and protects the business environment in which you operate. Farm Bureau’s agricultural and rural advocacy is one of the most important reasons to be a member. Our mission is implemented every day at the county, state, and national level. Farm Bureau is the steady organized presence with a plan and has been taking action as directed by its members since 1915. We are the steady noise level that’s been representing the local voice of the agricultural majority for over 90 years. We have the infrastructure to take care of business while maintaining the dignity and respect of all involved. It’s just the right way to do things.

As a Farm Bureau member, you get $20 every time someone you referred signs up as a Regular ($180), Gold ($300), Associate ($60) or Allied ($100) member. You also help your county Farm Bureau earn points towards The Farm Bureau Trophy. So think about who you do business with and if Farm Bureau programs and services could be of benefit to them and then, just ASK them to join.

I’m glad you are a member and hope you are too!

MEMBERSHIP DRIVE

MFBF members save 20% off published rates at almost 5,000 Choice Hotels worldwide!. Call 800.258.2847 and mention your Massachusetts Farm Bureau ID or go to choicehotels.com and enter your Massachusetts Farm Bureau ID to make your reservation.

CHOICE HOTEL MEMBER NUMBER

Join us for the UMass Equine Field Day on April 20 at the UMass Hadley Farm!

The UMass Equine Field Day will be the first of its kind at the UMass equine facility. Workshops will include sessions on reproduction, barefoot trimming, colt starting, trailering, show prep, pasture management, becoming a riding instructor and more!

Pre-registration by April 15 is encouraged and registration fees are $25 for adults, $15 for students and 4-H members.

Contact Mallory Ottariano for more information: [email protected] (413) 545-5221

UMASS EQUINE FIELD DAY - APRIL 20

Choice Hotels® Savings Card

ChoiceHotels.com

choicehotels.com • 800.258.2847

Only authorized association members may book using the Choice Hotels® Signifi cant Organization Savings program. The rate ID# may not

be distributed externally. Members may be required to show proof of a­ liation with the organization at the time of check-in. 12-130/02/12

MA Farm Bureau - ID# 00209640

You are a Farm Bureau member because we’ve got the information you need to stay competitive and viable. If you have horses and an indoor riding arena, you’re probably concerned about how much it costs to keep the lights on. Did you know that you can apply for a Farm Energy Discount and save yourself 10% on your electricity and natural gas bills? It’s not a new program, but it is the result of the wisdom of our Farm Bureau members that this program became available. Our sister organization, the Massachusetts Department of Agricultural Resources is the state agency that is responsible for determining and certifying eligibility for the Farm Energy Discount Program.

Visit http://www.mass.gov/eea/agencies/agr/land-use/farm-energy-discount-program.html to read about the program and print an application. You’ll have to prove you are principally and substantially engaged in the business of agriculture production or farming for an ultimate commercial purpose.

FARM ENERGY DISCOUNT PROGRAM

We are pleased to report that the first e-newsletter edition of FBNews has been sent and the FBNews website is now up and running, which will allow the e-newsletter to work in conjunction with the website and make it a formal part of AFBF’s social media outreach. To sign up for AFBF’s email newsletter, visit: http://fbnews.fb.org

Cargill’s animal nutrition business today announced a voluntary recall of certain brands of its ruminant mineral products because they were deficient in vitamins A, D and E. The affected products were manufactured at Cargill’s facilities in McPherson, Kansas, and Montgomery City, Missouri, between Dec. 7, 2012, and Feb. 27, 2013. The absence of added vitamins in these products was due to an oversight in Cargill’s manufacturing process that has been remedied. No adverse health effects related to these products have been reported to date.

This recall is limited to only those products and lot code ranges listed below. The affected product was sold in 50 pounds bags and the lot code can be found printed on the product tag that is attached to the bag. No other Cargill Animal Nutrition products are affected by this recall. Affected products are:

7144 Cattle Grazers All Purpose Mineral 522349 to 523058 55103 Right Now Emerald

523024 to 523058 and 613030 to 613058 and 2MK3024-2MK305855104 Right Now Onyx 522342 to 523058 and 612356 to 61305892111 Nutrena® NutreBeef Stocker Summer Mineral 522342 to 52305892113 Nutrena® NutreBeef Stocker Wheat Mineral 522342 to 52305892428 Nutrena® NutreBeef Breeding Herd Mineral 522342 to 52305880678 Nutrena ® NutreBeef Cattle - Winter Mineral 522349 to 523058

Customers should return remaining products to their local distributor for a full refund. For more information, including complete product codes, sub-codes, and photos of products involved, go to www.cargill.com/feed/news/mineral-recall/index.htm or call toll free 1-866-420-5425, 8 a.m. to 4:30 p.m. CT, M-F.

CARGILL’S ANIMAL NUTRITION VOLUNTARY RECALL

Page 5: April 2013 MFBF News & Views

April 2013 NEWS & VIEWS 5

This will give them a means by which to harass you by filing frivolous lawsuits alleging you’re mistreating your livestock. Will the lawsuits be successful if you’re not guilty of mistreating animals? Probably not. Will it cost you time, money and harm your reputation with customers and other neighbors in the process of proving this? Most definitely.

Aside from the obvious problems of this bill, there is no need for it. State law already provides private humane organizations with special state police powers to enforce humane laws. MSPCA and Animal Rescue League officers carry badges, guns and have arrest powers. So it’s not like we don’t already have motivated and objective folks out there enforcing cruelty statutes -although I would argue their support of the HSUS bills DOES raise questions as to MSPCA’s objectivity.

Time to fight back…

Now as silly as these bills seem, they could actually pass. While the majority of legislators on Beacon Hill want to do the right thing, most know little about agriculture. HSUS and MSPCA have a vast network of lobbyists and supporters reaching out to them with misleading information about the need for, and the value of these bills. Farmers need to reach out to them as well and let them know these bills would not help a single animal in our state, and would serve only to harm farmers and damage consumer

confidence. We also need to let them know that we’ve filed an alternative bill which would actually help animals – and farmers.

MFBF has filed a bill which would create a Livestock Care and Standards Board at the Department of Agricultural Resources. This board could create guidance or regulations around any practice or activity relating to the humane treatment of livestock. The board would consist of veterinarians, state humane groups, farmers, and relevant state agencies.

What can you do? A lot:• Call and email your legislator about these issues. • Visit them at the State House or their district offices.• Invite them to your farm.• Attend legislative events like Ag Day at the State House and county

breakfasts and dinners.• Talk to your customers. Educate them and ask them to call their

legislators. Let them know that MSPCA and HSUS are NOT acting in the best interest of farm animals or family farms.

• LET THEM KNOW THE TRUTH ABOUT THESE BILLS.

If you have questions or need help with any of this, contact Brad at [email protected], or call 508.481.4766.

...JUST WHEN YOU THOUGHT IT COULDN’T GET ANY SILLIER…IT DOES CONTINUED FROM PAGE 1

The Good

HB 753 – An Act to promote the care and well-being of livestock. Sponsored by Rep. Kulik• Creates a board at DAR consisting of veterinarians, MA humane groups,

farmers and state agencies.• Board can create regulations or guidance on ANY humane issue relative

to the keeping of livestock.

The Bad

SB 1626 and HB 1456 – An Act to prevent farm animal cruelty. Sponsored by Senator Hedlund and Rep. Lewis.• Bans specific practices that do not exist in MA and never will.• Undermines the credibility of MA farmers with the general public.

The Ugly

SB 767 - An Act relative to a private cause of action to prevent the cruel and inhumane treatment of animals• Allows individuals to sue farmers, hunters, pet owners for what they

consider to be animal cruelty.• Opens the gates for hundreds, if not thousands, of misguided and

nuisance lawsuits which will cost farmers time, money and hurt their reputations.

•they file their returns and pay the full amount of tax due by March 1. Under the guidance to be issued, farmers or fishermen who will miss the March 1 deadline will not subject to the penalty if they file and pay by April 15, 2013. A taxpayer qualifies as a farmer or fisherman for the tax-year 2012 if at least two-thirds gross income was from farming or fishing in either 2011 or 2012.

“Rise and Shovel”

Now is time to tackle a few more chores before the lawn needs mowing:• Post an Equine Liability sign on the barn – (available from Farm Bureau for $21, or $28.50 (non-member))• Sign up for a Horse Farm of Distinction inspection. For just $25 members use this program to have bragging rights in their marketing materials as well

as to get useful information from our experienced judges. ($15 for renewing stables)• Get listed, get known for $29 in our Farm Bureau Horse Directory. This directory travels the state with our four Farm Bureau displays and is actively

distributed throughout the year by Fabulous Farm Bureau Volunteers. It travels further when picked up at the Massachusetts Equine Affaire each November.

• Remember that you get a 10% discount for services at Tufts Large Animal Hospital if you are a member in good standing. Don’t wait for a colic surgery to remember to renew on time (June 30)!

• Sign up for legislative alerts. This is how the equine liability law and sign were created. This is how MFBF gained specific changes and broader definitions of agriculture and farming in agriculture law that includes equine activities. This is how exemptions from personal property taxes and animal and farm equipment excise tax opt out options became available. This is how we created low interest loans for agriculture, farm energy discount programs, and improved valuations and lower penalties for land in Chapter 61A. The process works: we listen, we take action, but we can’t do it without you and your friends! Every now and again, you’re going to have to email or call your state and federal representatives to let them know how you feel on a bill we support. Don’t worry, we’ll help you figure out who represents you and how to get the conversation started.

• Get involved. Have a good idea or a concern? MFBF has an Equine Committee that makes recommendations to the MFBF Board of Directors. This is how MFBF Policy is developed and directs the activities of the state staff. Each of the eleven county Farm Bureaus appoint one committee member and one alternate. Together this committee represents all breeds, disciplines and equine activities that go on in this state. Contact our office to find out who your representative is and let them know what’s on your mind.

• Get an insurance review. Make sure those “out buildings” have enough coverage and that you are insured for all the activities that are unique to equines on and off your property.

• Learn more about Chapter 61 laws, costs, and restrictions and if they are right for you and protecting important natural resources in your community. The 2006 Chapter 61 changes allow for horseback riding and horse boarding on a minimum of five acres in a substantially natural, wild, open, pastured, managed forest or landscaped condition, or used for an approved recreational purpose. Chapter 61B property taxes are based on the property’s use for open space or recreation, around 75% of what the Chapter 59 tax assessment would be, based on the fair market value of the property.

FARM BUREAU BENEFITS TO THE EQUINE COMMUNITY

FARM TO SCHOOL GRANT PROGRAM Agriculture Deputy Secretary Kathleen Merrigan today announced the release of a request for applications (RFA) for the latest round of USDA's Farm to School grants. These grants help eligible schools improve the health and wellbeing of their students and connect with local agricultural producers.

"USDA's Farm to School grants connect schools with their local farmers, ranchers and food businesses, providing new economic opportunities to food producers and bringing healthy, local offerings into school cafeterias," said Merrigan. "USDA continues to make improvements to the nutrition of food offered in schools, and investing in farm to school programs is yet another important opportunity to encourage our nation's kids to make lifelong healthy eating choices."

This year, three different kinds of grants will be available. Planning grants are intended for schools just getting started on farm to school activities, while implementation grants are available for schools seeking to augment or expand existing efforts. Additionally, eligible non-profit entities, Indian tribal organizations, state and local agencies, and agriculture producers or groups of producers may apply for support service grants in order to conduct trainings, create complementary curriculum, or further develop supply chains, among other activities. Proposals are due at midnight EST, April 24, 2013.

The Farm to School Grant Program is part of the Healthy, Hunger-Free Kids Act, which authorized and funded USDA to assist eligible entities, through grants and technical assistance, in implementing farm to school programs that improve access to local foods in eligible schools. The Act provides $5 million annually to support grants, technical assistance, and the federal administrative costs related to USDA's Farm to School Program. In this funding cycle, USDA anticipates awarding up to $5 million in grants.

Page 6: April 2013 MFBF News & Views

UMASS AG LEARNING CENTER DONATION UPDATEHave you considered donating to The Massachusetts Farm Bureau Federation (MFBF) partnership with the University of Massachusetts-Amherst in support of the Agricultural Learning Center?

With a total contribution of $500,000, paid over three years, the Center’s cornerstone building will be named “Massachusetts Farm Bureau Federation Hall.” MFBF has the goal well withinour reach, with current pledges now exceeding $300,000. The Agricultural Learning Center at UMass Amherst will serve as a hands-on “living”

laboratory for students and the general public who are interested in food, farming, landscape, and other enterprises relying on natural resources. The Center will have areas dedicated to livestock and horses, fruits and vegetables, cranberries, turf and nursery crops and so much more; and will offer training in both traditional farming methods

and new innovations developed through ongoing agricultural research. Situated within easy walking distance of the heart of campus, the Agricultural Learning Center will provide students with an interactive experience in agriculture. It will also make the scientific and educational resources of the university available to a larger community, drawing visitors from across the Northeast to workshops, courses, demonstrations and conferences at a state-of-the art Center. The Agricultural Learning Center is destined to become the focal point for agriculture in the region!

With YOUR support, and upon passing structural approval, the fully renovated, historic 19th Century historic horse barn will be relocated to its new location on 25 acres abutting the UMass Amherst campus, and be renovated to serve in its new capacity as a learning laboratory. Just as it once was a showcase for Mass Aggie, the barn, “Massachusetts Farm Bureau Federation Hall,” will be the heart of the Center. As more and more people are rediscovering the importance of local and sustainable agriculture, and as more students are becoming interested in farming, the time is right to establish the Agricultural Learning Center to address the needs of students, farmers,

and citizens. Please join the Massachusetts Farm Bureau Federation and give generously to fund the creation of the Center, which will benefit agricultural education, outreach and research. All donors will receive permanent recognition inside the building. Consider joining MFBF President A. Richard Bonanno, PhD, and Vice President Edward Davidian, and their families, in pledging to become a member of “The President’s Circle” (details are provided on the pledge form included in this issue), or giving at a level appropriate for you and your business.

To make your contribution to the Campaign for the Future of Massachusetts Agriculture, in support of the Agricultural Learning Center’s Massachusetts Farm Bureau Federation Hall, please complete the pledge form and mail to the specified address.

Thank you for your generosity!

FARM CREDIT EAST REPORTS FINANCIAL RESULTS AND COMMITMENT TO INVEST IN FUTURE OF NORTHEAST AGRICULTUREFarm Credit East reported 2012 financial results today and indicated its commitment to continue to invest in Northeast agriculture. “With strong earnings and capital levels, we are well positioned to meet the credit and financial services needs of our current members as well as the next generation,” said Bill Lipinski, CEO of Farm Credit East. “We continue to see real growth opportunities in agriculture as consumers seek to buy local and food processors locate facilities in our region.”

Net income for the farmer-owned cooperative lender increased 8% to $109.5 million. Farm Credit East’s loan portfolio grew to $4.69 billion and total capital increased to $842 million. Farm Credit East is the leading lender to farmers in the Northeast providing over 60% of the credit to farm businesses. Overall interest rates have been at historically low levels and Farm Credit East has maintained very competitive rates for its customers and paid patronage dividends from earnings.

Farm Credit East Board Chairman Andy Gilbert commented, “We are very pleased with our results this year. While some parts of Northeast agriculture faced difficult challenges in 2012 resulting from poor weather conditions or the weak housing market, we continue to work closely with our farmer members and were able to pay $40 million in patronage to farmers, commercial fishermen and forest products operations.”

The $40 million patronage payment paid to members earlier this year is an increase of $4.5 million from the association’s 2012 distribution of $35.5 million. In addition to last year’s patronage payment, Farm Credit East redeemed $34.8 million of allocated stockholder equity, totaling $70.3 million returned to customer-members in 2012. The Allocated Retained Surplus redemption resulted from the successful merger to form Farm Credit East in January 2010.

6 NEWS & VIEWS April 2013

Gifts may be made at any level and may be an outright donation or a pledge for a period of up to three years. For information about different ways to give, contact Thomas Hastings, a Farm Bureau member and Director of Development at UMass Amherst’s College of Natural Sciences (413-577-4295 or email [email protected]. For more information about the campaign by Massachusetts Farm Bureau Federation, contact Edward Davidian (508-868-7841 or email [email protected]). For further information about the Agricultural Learning Center, contact Stephen J. Herbert, Associate Dean and Director of UMass Center for Agriculture (413-545-2890 or email [email protected]).

My/our gift to UMass Amherst Agricultural Learning Center iso As a Benefactor, with a gift of $____________o President’s Circle (Pledge at least $1,000 per year for three years)o A one-time gift of $_________________o A multi-year gift of $________________ per year for _________ years with the first payment made by the date of __________________, 20____. Please remind me/us of this pledge: _____Annually _____Quarterly I/we plan to make this gift in the form of: _____Check _____Securities _____Other (please specify) _________________________________________________________

PLEASE MAKE CHECKS PAYABLE TO UMASS AMHERSTOr use your _____VISA _____MasterCard _____Discover _____American ExpressAccount Number:____________________________________ Expiration Date:_________________Security Code:___________________ Signature:_____________________________________

o My gift will be matched! Many employers will match charitable contributions. If your employer does, ask for a matching gift form and enclose it with your payment.

Please complete for each donor:

How You Wish To Be Listed In Recognition: _____________________________________________

Name: (First, Middle, Last):___________________________________________________________

Address: (Street, City, State, Zip)_______________________________________________________

Name: (First, Middle, Last):___________________________________________________________

Address: (Street, City, State, Zip)_______________________________________________________

Please mail your pledge or payment to:College of Natural Sciences715 Lederle TowerUniversity of Massachusetts Amherst710 North Pleasant StreetAmherst, MA 01003

(All gifts will be acknowledged directly by Massachusetts Farm Bureau Federation.)

PLEDGE CARD-JOIN MA FARM BUREAU AND UMASS AMHERST

Page 7: April 2013 MFBF News & Views

April 2013 NEWS & VIEWS 7

SPOTTED WING DROSOPHILA SURVEYWe are asking for information about raspberry growers experiences with spotted wing drosophila (SWD) to help support requests to the US Environmental Protection Agency for expanded insecticide labeling to control SWD. This information will also be valuable to provide background information for grants supporting research to guide management recommendations. All information collected will be summarized; individual growers will not be identified, and information will remain confidential. Please complete the survey only once. Thank you for your assistance in collecting this information. Once it is completed, the results of the survey will be shared with all interested respondents.

If you grow raspberries, please take the survey at:https://www.surveymonkey.com/s/GTF36QL

Page 8: April 2013 MFBF News & Views

HORSE FARM OF DISTINCTION 2014The Massachusetts Farm Bureau Federation’s “Horse Farm of Distinction” program was established to recognize and present to the public those Massachusetts horse farmers who set high standards and achieve a level of excellence in overall horse health, farm management, and compliance with public safety.

Farm Bureau intends that the “Horse Farm of Distinction” program be known as a prestigious award and that those who achieve it are granted recognition by their community and their state. It is our intent that the promotion enhances the positive image and visibility of the Massachusetts horse industry.

Qualified equine professionals evaluate horse farms participating in the program and it is our intention that participants will find these evaluations beneficial to their operation.

The program has been developed, and is overseen by the Equine Advisory Committee of the Massachusetts Farm Bureau Federation.

Program Overview:

Awards are based on a number of criteria within the categories of horse health, farm management, and public standards compliance. The suitability of the farm for the breed or type of activity conducted will be considered when scoring each farm. Farms are judged annually and the award may be promoted by the recipient or used in farm advertising for the duration of the award year, provided farmers who apply for the award agree to answer questions and grant access sufficient to allow judges to score the farm. Applicants must understand that scheduling for judges’ visits must be a shared responsibility between all parties. Recipients will receive a distinctive sign that should be mounted for public display throughout the year of the program. The words “Massachusetts Farm Bureau Federation” appear in the advertising or promotion.

Program Rules:

Applicants must be Regular (not Associate) members in good standing with the Massachusetts Farm Bureau Federation at the time of judging.Awards will be presented at a ceremony to take place at the annual meeting of the Massachusetts Farm Bureau Federation, and are valid for the succeeding calendar year.Applicants must have at least five years of involvement in the Massachusetts horse industry.Horse Farm of Distinction signs shall remain the property of the Massachusetts Farm Bureau Federation and may be reclaimed at any time that Farm Bureau determines that the farm fails to maintain the standards of the program.There shall be a non-refundable annual application fee of $25 for first-time applicants, and $15 for renewing applicants. Fees cover the cost of administering the program. No farm will be judged unless fees are paid.

The sign shall not be displayed at or moved to other premises.

Judges’ evaluation sheets will remain the property of Massachusetts Farm Bureau Federation.

The Judge’s decision is final.

Judging Criteria:

Each Farm will be judged upon the following criteria with the perfect score being 100%. Any farm scoring at 85% or higher will be considered a “Horse Farm of Distinction” and recipient of the award. Two judges evaluate new applicants.

Horse Health Management (possible 40 points)• General Appearance of Horses• Evidence of Equine Health Program• Farm Management (possible 50 points)• Overall Condition of Farm and Facilities• Control of Pests and Vermin• Condition of Stalls• Condition of Turnouts, Pastures, Riding

Surfaces and Fencing• Condition of Tack and Equipment• Emergency Removal/Evacuation Procedure• Equine and Human First Aid

• Fire Protection/Prevention• Manure Management Program• Public Standards and Compliance (possible 10

points)• Licensing (as applicable)

.............................................................................Massachusetts Farm Bureau Federation®

2014 Horse Farm of Distinction— APPLICATION—

I hereby apply for the Massachusetts Farm Bureau Federation’s “Horse Farm of Distinction” program, to have my horse farm evaluated in accordance with the rules of the program contained herein. I understand that the judges will contact me to schedule their visits with short notice sometime between June and August. The award is granted for the year beginning January 1, 2014.

My application fee is enclosed, $25 if I am a new applicant; $15 if I have been a previous recipient.

Farm Name:____________________________Name: ________________________________Farm Address: ______________________________________________________________________Mailing Address: _____________________________________________________________________Phone:_________________________________FARM BUREAU MEMBERSHIP NUMBER #______________________________________Required, must include FB# to apply

_______________________________________Signature of Owner/Operator

Deadline for applications is May 31, 2013Make checks payable to: MFBF, and mail to: 249 Lakeside Avenue, Marlboro, MA 01752

$25 New Applicant ________$15 Renewing Applicant ______

8 NEWS & VIEWS April 2013

CAMPAIGN FOR AN EQUINE ECONOMIC IMPACT & LAND USE STUDYCompleting an Equine Economic Impact & Land Use Study has been talked about in the industry for the last 25 years. The Massachusetts Farm Bureau Federation Equine Committee stepped up to the plate to coordinate this much needed study. We are pleased to announce that the fundraising efforts are going well. We are half way there! Join with these fine people and organizations to contribute to the study.

Thank you for your donation:

UPHA Chapter 14, MA Horsemen’s Council, Wildstar Farm, Laine Raia - The Ponderaia, Polly Kornblith & Michael Newman, MA Morgan Horse Assn., Ed & Nancy Chute, Jim Knieriem, Melanie A. Burke, Leslie B. Spencer, The Piazza Family, Gary Saccocia, Sr., Chrislar Farm, Gray Craig Farm, Thomas & Barbara Hastings, Essex County Co-Operative Farming Assoc., Norma & P. Sean Gibney, Lloyd Family, Taylor & Lloyd Inc., Western New England Professional Horsemans Association, Middle-ton Farm Supply, James P. Walsh, Hanover Hunt & Riding Club, North Shore Equine, PC, Sarah & Bruce Tomkins, Anne Bonazoli, Robert Haigh, Jennifer Sullivan, Jane Hewitt, Plymouth County Farm Bureau, Bay State Trail Riders Association, Inc., Whit Acres Farm, Andrea C. Ross, Marianne Folan, Indian Meadow Farm LLC, Middlesex County Farm Bureau, Essex County Farm Bureau, Littleton/Lancaster Agway, Farm Credit East, Eastern States Exposition.

See donation form to the right...

A one-time gift of $______________

Contact me by email and/or phone ______________________________ _______________________________

PLEASE MAKE CHECKS PAYABLE TO: Farm Bureau Agricultural Preservation Corporation (A recognized 501 (c) (3) charitable foundation) Please complete for each donor, How You Wish To Be Listed In Recognition:

Name: (First, Middle, Last): ____________ _________________________________

Address: (Street, City, State, Zip): _________________________________ _________________________________

Additional Name: (First, Middle, Last): __________________________________

Address: (Street, City, State, Zip): __________________________________

Please mail your pledge or payment to:

Farm Bureau Agricultural Preservation Corporation 249 Lakeside Avenue Marlborough, MA 01752

All gifts will be acknowledged directly by the Massachusetts Farm Bureau Federation. If we don’t meet the campaign goal, then all donations will be returned.

Page 9: April 2013 MFBF News & Views

April 2013 NEWS & VIEWS 9

SURFACE WATERS: REASONABLE USE STANDARD VERSUS COMMON ENEMY APPROACHIn a recent Appeals Court decision, Graziano vs. Riley (Feb. 14, 2013), after a jury-waived trial, a Superior Court judge found that the defendants had erected a stone and earthen berm that blocked the path of a deeded drainage easement serving the plaintiffs’ property, but that the berm’s continued existence for more than forty years barred the plaintiffs from relying on the rights granted by the easement. The judge nonetheless ordered the defendants to remove the berm, based on his conclusion that its presence constitutes a continuing nuisance. Because the defendants erected the berm before the doctrinal change to Massachusetts common-law riparian rights discussed in Tucker v. Badoian, 376 Mass. 907 (1978), its erection did not constitute a nuisance under then applicable law. The Appeals Court disagreed and reversed the decision concerning the plaintiff’s nuisance claim. The plaintiffs purchased their property on July 13, 2004. Abutting the plaintiffs’ property to the rear, and down gradient, is property owned by the defendant who initially purchased her property with her husband on May 20, 1966; the couple built a home on the property that year and have resided there from that time to the present. The residence on the plaintiffs’ property was already in existence at the time the defendants purchased their property. Both properties slope downward in an easterly direction toward the road, and then to the Atlantic Ocean. Accordingly, surface water naturally flows from west to east across both properties, from the plaintiffs’ to the defendants’ property. A 1953 subdivision plan showed a drainage easement that begans on the westerly side of a roadway opposite the plaintiffs’ property, and then rans under the road and across the plaintiffs’ property onto the defendants’ property. Thereafter, an easement continues across another road and ultimately to the ocean. Around the time the defendants built their home, they constructed an earthen berm, topped by stones, along the boundary line between their property and the property now owned by the plaintiffs. The berm blocked the natural downslope flow of drainage across the defendants’ property and, additionally, blocked its flow through the deeded drainage easement area. Shortly after moving into their home in 2004, the plaintiffs observed that when the water table was high, there was a ponding of water on the back, or easterly, side of their property, abutting the defendants’ property. In an effort to devise a solution to the ponding problem, the plaintiffs retained an engineering firm in 2006. At or about the same time, the town initiated its own effort to improve the drainage in the area of the parties’ properties. The town obtained easements from various affected property owners, but did not successfully complete negotiations with the defendants for an easement across their property. The plan devised by the plaintiffs’ engineer had been reviewed by the town’s Conservation Commission and met its satisfaction, but the Commission would not approve the plan until it provided a connection to the newly designed town drainage system. Drainage across the defendants’ property was necessary for implementation of the proposed drainage system.

After negotiations between the town and the defendants failed to produce an easement across the defendants’ property, the plaintiffs commenced an

action in the Superior Court seeking relief under various theories, and both parties appealed from the resulting judgments. The trial judge correctly recognized that the defendants’ placement of the berm across the drainage easement was wholly incompatible with the plaintiffs’ use of the easement, so that its presence for more than twenty years barred the plaintiffs from asserting any rights to use the easement for drainage. Hence, the plaintiffs’ claims for trespass and for interference with a drainage easement were appropriately dismissed. The trial judge also correctly recognized that he lacked authority to compel the defendants to grant an easement across their property. The Superior Court judge erred, however, in concluding that the berm constitutes a continuing nuisance, warranting an equitable order compelling its removal. At the time the defendants constructed the berm, Massachusetts followed the so-called “common enemy’ approach to surface water problems. Under the then applicable law, “one landowner [was] free to stop surface water from entering his land despite harm to his neighbor.” In addition, such landowner could “with impunity grade and improve his land for a lawful purpose even though he thereby diverts surface water onto his neighbor’s land.” Accordingly, though construction of the berm interfered with the rights of the plaintiffs’ predecessors in interest under the drainage easement (an infraction against which the limitations period has long since expired), it did not constitute a common-law nuisance. In Tucker v. Badoian, six Justices of the Supreme Judicial Court joined in a concurring opinion announcing an intention to change Massachusetts law on riparian rights, to adopt the more flexible “reasonable use” standard for application in future cases. The “reasonable use standard provides each possessor is legally privileged to make a reasonable use of his land, even though the flow of surface waters is altered thereby and causes some harm to others, but incurs liability when this harmful interference with the flow of surface waters is unreasonable. However, the opinion specifically and pointedly stated that “the new standard should be reserved for prospective application, that is, for conduct occurring hereafter,” based on concern that conduct preceding the opinion had relied on settled law of long standing. Indeed, there are doubtless many artificial structures, berms, or other modifications to natural grades throughout the Commonwealth that were put in place before 1978 that would be vulnerable to orders for removal, were they viewed as a continuing nuisance under the more recent reasonable use standard. In concluding that the berm constituted an actionable continuing nuisance, the trial judge applied the reasonable use standard. However, the berm was fully completed and in place in 1966, more than ten years before adoption of that standard. There was no indication in the record that the defendants altered or expanded the berm in any manner after 1978. The Appeals Court reversed the judgment compelling removal of the berm.

Francis A. Di LunaPartner-Murtha Cullina LLP

[email protected]

$500 GREGORY L. FINN SCHOLARSHIPThe Gregory Finn Scholarship was established in loving memory of a good friend to agriculture. Gregory L. Finn was Massachusetts Farm Bureau Information & Public Relations Director, a religious and devoted family man, who died of a heart attack in 1983 at the age of 55.

This scholarship is being awarded in Greg’s memory to foster an understanding and perhaps help to close the gap between the farm community and suburban Massachusetts.

APPLICATION REQUIREMENTS

Applicant must be a child or legal dependent of a regular member in good standing of the Massachusetts Farm Bureau Federation.

Applicant must be at least in their junior year of college when the scholarship is awarded. Applicant must be majoring in communications, journalism, music or an agriculturally related field.

Application must be submitted to “The Greg Finn Scholarship Fund” by August 31st (unless deadline is extended by the Women’s Committee) of the scholarship year. Application must be accompanied by a sealed official copy of the applicant’s college transcript; and a 250 word statement on why the applicant has chosen this particular field of study and projected career goals.

Mail Application to: Gregory Finn Scholarship Fund Massachusetts Farm Bureau Federation 249 Lakeside Avenue Marlborough, MA 01752

GREGORY FINN SCHOLARSHIP APPLICATION

_________________________________________APPLICANT’S FULL NAME

_________________________________________ADDRESS (_______)__________________________PHONE NUMBER

___________________________________________FARM BUREAU MEMBER NAME & RELATIONSHIP

___________________________________FARM BUREAU MEMBER NUMBER

______________________________________________NAME OF 4 YEAR INSTITUTION CURRENTLY ATTENDING AND LEVEL OF STUDY(JUNIOR/SENIOR/GRADUATE/OTHER)

MAJOR AREA OF STUDY:___________________________________

AGRICULTURAL BACKGROUND AND INTERESTS: _____________________________________ EXTRA-CURRICULAR ACTIVITIES: ____________________________________________________________________________________

Page 10: April 2013 MFBF News & Views

10 NEWS & VIEWS April 2013

The PVGrows Loan Fund has announced a new partnership with the Fair Food Network. Pioneer Valley farm and food businesses applying for loans from the PVGrows Loan Fund are now eligible for business assistance funds. Selected entrepreneurs will be paired with a business assistance partner for a period of up to three months. The cost of business assistance services will be subsidized up to $10,000, with business sharing a portion of the total cost of the assistance. “This is an exciting development for local farm and food businesses who might be considering financing an expansion, but who don’t have the time or money to do the planning required” says Sam Stegeman, Coordinator of PVGrows.

BackgroundThe new funds are a result of increased collaboration among local food advocates through Pioneer Valley Grows (PVGrows), a professional network of 500 people dedicated to creating a healthy food system in the three counties. Since 2008, PVGrows members have been investigating how local lenders and investors can meet the financing needs of the rapidly-expanding local farm and food sector. PVGrows hosts its own $750,000 loan fund, and is currently developing a larger fund, which may offer needed alternatives- such as royalty financing and equity investments- to traditional loans. “It is great to see how the financing options have been expanding in recent years, because it gives farm and food entrepreneurs the ability to shop around for the best match,” says Michael Abbate, Chief Operating Officer of Common Capital in Holyoke. “What has been missing, however, is the ability to provide the in-depth assistance businesses need so they can develop a plan to grow and utilize the capital sources.” What Kinds of Business Assistance Are Available?One type of business assistance PVGrows now offers is help putting together a financing package suited to the unique needs of a local food business. An example is the recent decision by Greenfield-based Real Pickles to invite community members to invest in the company’s transition to a worker-owned cooperative. “When we decided we would transition Real Pickles to a worker co-op, we faced an unusual financing challenge requiring a creative solution. Thanks to the expertise at PVGrows and their willingness to engage with us to thoroughly evaluate our options, PVGrows played an instrumental role in our decision to launch an innovative community investment campaign that only a handful of small businesses around the country have tried before.” says Dan Rosenberg, co-owner of Real Pickles. Other types of technical assistance the fund could provide include business planning, marketing, business

communications, financial management training, process improvement (food processing and/or health and safety, etc.), entrepreneur networking, and more. Applying for New Business Assistance Funds

Examples of businesses that might be a good match for the business assistance include:• Existing food businesses exploring the opportunities and challenges of

sourcing more from local farms.• Expansion of food businesses already sourcing from local farms.• Expansion of individual farms or other businesses engaged in aggregation,

storage, distribution, processing, marketing, information technology, or other means of supporting local food system viability.

Business assistance is available to selected enterprises applying for financing from the PVGrows Loan Fund. Applicants begin the process by filling out a simple inquiry form on the PVGrows website. More about the Business Assistance Services.

The PVGrows Loan FundThe $750,000 PVGrows Loan Fund was established in 2009 by nine Pioneer Valley organizations dedicated to improving the local food system. These include four lenders (Common Capital, Franklin County Community Development Corporation, Equity Trust, and Cooperative Fund of New England); two foundations (Solidago Foundation, and Lydia B. Stokes Foundation); two non-profits (New England Small Farm Institute and Community Involved in Sustaining Agriculture (CISA)); and the Massachusetts Department of Agricultural Resources. Loans of up to $250,000 are available for all types of local farm and food businesses. The Fund is particularly interested in projects that fill gaps in the infrastructure of the local food system and that expand the market for Pioneer Valley agricultural products. More about the PVGrows Loan Fund. The PVGrows NetworkIn addition to the Loan Fund, PVGrows coordinates a professional network of people dedicated to creating a healthy food system in the Pioneer Valley. PVGrows hosts forums twice a year to provide networking and learning opportunities for the 500 members of the network.

NEW FUNDS AVAILABLE TO PIONEER VALLEY FARM AND FOOD BUSINESSES

Page 11: April 2013 MFBF News & Views

Valuable discounts, now at your fingertips. Same great membership privileges. Exclusive, members-only access to high quality brands, products and benefits• VIP discounts on top-of-the-line cars, trucks and farm-equipment, cutting-edge services and business solutions• Simple, one-stop shopping saves members time and money.• Membership just got even better

www.fbadvantage.com

CLASSIFIEDS

SERVICE

MEMBER TO MEMBER MARKETPLACEIsland Alpaca Company, www.islandalpaca.com, 10% discount to MA Farm Bureau Members off current retail prices for alpaca goods in the farm store (except spinning equipment). Martha’s Vineyard, 508-693-5554.

Roberts Brothers Lumber, 1450 Spruce Corner Road, Ashfield MA 01330, 10% savings on current Lumber Price Sheet, excluding delivery, planning and any other services.

Dowse Orchards, 98 North Main Street, Sherborn, MA 01770, 10% savings on farm produce. 508-653-2639, www.dowseorchards.com.

Twin City Eye Care, 867 Merriam Ave., Leominster, MA 01453, 978-537-6045, www.twincityeyecare.com. 20% discount on lenses and frames.

SALEFOR SALE: Irrigation System Ford Propane 2800SP, 4” suction complete. Pots – 5 pints, small & large mum pans, 1 gallons. 6 Ton Trailer 4’ slope 14’ over-deck, 66” nose. Call Bill 508-636-6535.

FOR SALE: Westford – Hay 1st cutting $6/bale at the barn. Over 10 cords of split seasoned hardwood. Call 978-692-8881.

FOR SALE: North Attleborough farm for sale. 108+/- acres half pasture and half woodland. Call 508- 699-4335.

FOR SALE: Hereford Calves for Sale: 9-10 months old, hand raised and tame, both Steers and Heifers, for your feed lot or pasture 617-840-2074.

FOR SALE: 2 Burros. Mother and Son. Must go as pair. 35” tall, very loveable. $850. Call 978-635-0409.

FOR SALE: Hay – 1st and 2nd cut – no dust guaranteed. Wholesale and retail. We deliver and unload. Work cell 774-259-6960 or office 508-252-9029. Skip & Tish at Homestead Farms.

FOR SALE: Tires. Great prices, all sizes, tire repairs, road service, calcium chloride service. Hoey Tire, Worcester. Call 508-755-6666, www.hoeytire.com

FOR SALE: Hay 1st and 2nd cutting. 4’ X 5’ round and small square bales. Conway Farm’s Lakeville, MA. 508-821-0149.

FOR SALE: Bagged Shavings. Kiln-dried pine shavings, in clear plastic or paper bags, made in USA. Trailer loads, 1,000 plus free storage 30 days on our trailer. Worcester County to Cape Cod. Priced according to location. Call Jack at 781-589-8534.

FOR SALE: 2 Bred Jersey Heifers Due in May. Call Dan Arguimau (781) 784-5705.

SERVICE: Tractor Rescue. Have an old tractor that needs some help. Call 978-758-9239.

SERVING THE FARMERS IN MASS: Helping farmers keep what they make. Experienced in dairy, beef, fruit & vegetable farming; experienced with APR, retirement planning, estate planning & taxation, tax free exchanges. Donald E. Graves, CPA, LLC, Masters Degree in Taxation & Financial Planning, Bentley College, 377 Main Street, Suite 1, Greenfield, MA 01301-3332, 1-800-286-6036, [email protected]

FARM MAINTENANCE: All types arena work, construction & renewal. Paddock areas built, fencing new & repairs, hydrant work, & brush work. CRF Maintenance Services. www.cringfarm.com 508-234-9824.

PASTURES: Let our expertise in pasture construction and design provide you with pastoral views, solutions for your equestrian needs and elimination of boarding fees. Reclaim your woodlands into pastures. Increase your property value. Call Woodridge Farm, Lincoln, MA. 781-259-0251.

REAL ESTATE APPRAISER: for farm/forestry property. Reports provided for estate planning/tax returns, APR/CR or buying/selling. William King 508-867-2600 or [email protected].

WANTED

April 2013 NEWS & VIEWS 11

WANTED: FARMERS/LANDOWNERS: MAKE MONEY With On-site Solar. We build and operate it for 20 years. Need 10 or more acres open and unobstructed, southerly exposure, out-of-sight of neighbors. For details call Paul Marin at 860-614-6306.

WANTED: In Search of Ag Land to Purchase in Worcester or Middlesex or Norfolk Counties. Preferably with an APR or eligible for one. Must have established reasonably well drained fields and some woodland (preferably including mature sugar maples). Minimum of 25 + or – acres (more preferred if affordable). Soils, topo and local zoning conducive to constructing a barn, shop and home. Please call 802-228-8672 or email [email protected] OWE – 2 months = $75.60

WANTED: Do you own a Model H Farmall? I am trying to locate 2 tractors purchased new by farmer Bill (Hazen) Davis, North Sudbury Mass. One 1940 serial #FBH 18277 and the other – 1943 serial #FBH144626. Tractors came from Montgomery, Inc. a dealership in Ayer, Mass. Tractors left farm sometime mid 50’s. I would really appreciate hearing from anyone that may have these tractors or information that may help my search. Call (Troy) 978-857-6960 or email [email protected] Thanks.

INTRODUCING THE NEW FARM BUREAU MEMBER ADVANTAGE

Page 12: April 2013 MFBF News & Views

12 NEWS & VIEWS April 2013