Produce – Page 10

Kroger sues FTC claiming the administrative proceeding against merger unconstitutional

On August 19, Kroger filed a motion for preliminary injunction against the Federal Trade Commission (FTC) in the U.S. District Court, Southern District of Ohio, seeking to block the reviewing of its proposed $25 billion merger with Albertson’s Companies, Inc.

The company argues that by proceeding in its administrative tribunal, in addition to the separate action in federal court, the FTC is violating Constitutional protections.

“The merger between Kroger and Albertson’s is squarely focused on ensuring we bring customers lower prices starting day one while securing the future of good-paying union jobs,” said Rodney McMullen, Kroger Chairman and CEO. “We stand prepared to defend this merger in the upcoming trial in federal court – the appropriate venue for this matter to be heard – and we are asking the Court to halt what amounts to an unlawful proceeding before the FTC’s own in-house tribunal.”

The motion details how the FTC’s administrative proceeding against the merger violates the Constitution in two areas:

First, the FTC violates Article II of the Constitution because the Administrative Law Judge presiding over the administrative proceeding is not removable by the President of the United States. This principle was recognized and applied by the Supreme Court in Free Enterprise Fund v. Public Company Accounting Oversight Board (2010).
Second, the FTC violates Article III of the Constitution by seeking to adjudicate Kroger’s private rights to contract with another private party administratively through the Executive Branch rather than in the independent Judicial Branch. This standard was reinforced this past term by the Supreme Court in SEC v. Jarkesy (2024).

The lawsuit filed in Cincinnati comes a week before the company is scheduled to face a trial where the FTC has asked a federal judge in Portland, Oregon, to temporarily block the merger while its in-house judges review the deal.

In a release, Kroger said that the FTC has sought to split its challenge to the merger into two separate tribunals in an inappropriate attempt to receive multiple opportunities to litigate the same issues.

“Despite forcing Kroger to participate in this unconstitutional administrative proceeding, the FTC has also filed a motion in the federal court proceedings seeking to block the merger for the duration of its administrative proceeding – which will likely take several years to resolve,” the release said.

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Daybreak Aug. 19: Democrats look to reach rural voters

President Joe Biden will address the Democratic National Convention tonight to help kick off what the Democrats hope will be an important step toward retaining control of the White House – and both chambers of Congress.

The convention is being held in Chicago for the first time since 1996. Former candidate Hillary Clinton and ex-Presidents Barack Obama and Bill Clinton also are expected to speak, according to news reports, with Obama to appear Tuesday.

Take note: During the DNC, several issue-specific caucuses will be holding meetings through Thursday, including the Rural Council, the Environmental & Climate Crisis Council, and the Labor Council.

Kylie Oversen, the Democratic National Committee’s Rural Council Chair, says Kentucky Gov. Andy Beshear is scheduled to appear Tuesday along with his lieutenant governor, Jacqueline Coleman, and Ag Secretary Tom Vilsack is slated to appear Thursday.

Oversen, a former state legislator from North Dakota, says the council is hoping to organize “rural tours” involving surrogates from the campaign in battleground states and beyond “as much as we have the capacity to do so.”

By the way: A group called the Rural Urban Bridge Initiative will provide training to DNC attendees on the “rural urban divide” and “why Democrats have lost millions of rural and working class voters.” There also will be a session on strategies and tools for reaching rural voters.According to the Pew Research Center, former President Trump increased his share of the rural vote from 59% in 2016 to 65% in 2020.

Former Walz colleague says he’ll appeal to rural voters

Former Wisconsin Democratic Rep. Ron Kind tells Agri-Pulse he thinks vice presidential candidate Tim Walz can help Democrats win back some rural voters. “I think people in rural communities can relate to him and his background, and he certainly works harder to get into those areas and listen to them,” Kind said of the Minnesota governor.

Meanwhile: Kip Tom, who’s leading fundraising efforts for the Farmers and Ranchers for Trump 47 Coalition, is especially concerned about what a Harris administration would mean for tax policy. He worries farmers will see higher capital gains taxes on farm assets and a reduced estate tax exemption.

New analyses estimate impact of key Harris, Trump proposals

Former President Donald Trump’s proposal to impose a 10% base tariff on all imports and a 60% tariff on goods from China would cost the average U.S. household $1,800 in 2025, a cut in income of about 1.8%. That’s according to an analysis by the Tax Policy Center of the Urban Institute and Brookings Institution.

The impact would be considerably higher going up the income scale. Households in the top 20% would lose $6,480 in income on average next year, according to the analysis.

A separate analysis of Vice President Kamala Harris’ latest economic proposals estimates they would increase the federal deficit by $1.7 trillion over 10 years. That’s taking into account a $250 billion reduction in pharmaceutical spending under one of her plan’s proposals, according to the Committee for a Responsible Federal Budget.

Keep in mind: The analysis doesn’t try to account for the impact of Harris’ plan for restricting food price increases. Other proposals she’s made in recent weeks, such as exempting tips from taxes, also aren’t included in the analysis.

Harris said her first-ever ban on food price gouging would come with penalties for “opportunistic companies that exploit crises and break the rules,” while supporting smaller food businesses. Her plan would “secure new authority” to allow the Federal Trade Commission and state attorneys general to investigate and penalize companies found to be increasing prices unfairly.

By the way: On Sunday, GOP vice presidential candidate JD Vance ripped into Harris’ proposal on Fox News. “Giving Kamala Harris control over inflation policy … is like giving Jeffrey Epstein control over human trafficking policy,” he said.

Perdue recalls products after metal wire found in some items

Perdue Foods LLC has recalled about 167,000 pounds of frozen, ready-to-eat chicken products over possible metal contamination. So far there have been no reports of adverse effects after eating the products.

The contamination was identified after Perdue received complaints about metal wire in the products. The recall applies to various frozen, ready-to-eat chicken tenders and nuggets.

The recalled items were produced in March, but USDA’s Food Safety and Inspection Service says it’s concerned the products may still be in consumers’ freezers. FSIS urges consumers to throw these items away or return them to their place of purchase.

USDA declines to ban checkoffs’ animal testing

USDA has denied a petition submitted by People for the Ethical Treatment of Animals to ban six checkoff programs from using any funding for experiments on animals. Agency officials say in a letter that checkoff programs “have the discretion to implement animal welfare testing protocols, including prohibiting animal testing.”

The letter says a USDA mandate prohibiting animal testing, however, “does not fall under the [the checkoffs’] authorizing statutes nor [the Agricultural Marketing Service’s] oversight responsibilities.”

Take note: The National Mango Board and the Hass Avocado Board have individually adopted animal testing policies, according to PETA. The petition sought animal testing rules for the National Watermelon Promotion Board, the Mushroom Council, the United Sorghum Checkoff Program, the United Soybean Board, the U.S. Highbush Blueberry Council and the Washington Red Raspberry Commission.

Final word: A Washington Post/ABC News poll released Sunday found Kamala Harris with 49% support compared to Donald Trump’s 45%. Including third-party candidates, Harris comes in at 47%, Trump at 45% and Robert F. Kennedy Jr. at 5%. The Post said the head-to-head lead for Harris is not statistically significant.

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FSA nears Conservation Reserve Program enrollment cap

The Conservation Reserve Program is nearing its cap of 27 million acres as USDA’s Farm Service Agency accepts offers for more than 2.2 million acres in the latest grassland, general and continuous signups.

In a press release, the agency said Monday it has accepted 1.44 million acres in the grassland signup in 2024, bringing total acres enrolled in that program to 10 million.

Producers with acreage enrolled under the grassland signup can still graze and cut hay from the land, but the payment rate is lower than for the general and continuous signups.

According to a notice provided to FSA county offices, landowners applied to enroll more than 3 million acres through the grassland signup. The national average annual payment for the land that was accepted will be $16.63 per acre.

Nebraska had the largest amount of land accepted under the grassland signup at 237,853 acres, followed by Colorado at 218,145.

The FSA notice notes that the agency’s authority to conduct a CRP signup expires Sept. 30 unless extended by Congress. The 2018 farm bill was extended for a year last fall.

Some 200,000 acres were accepted in the general CRP signup this year, bringing total enrollment in that program to 7.9 million acres.

More than 565,000 acres have been enrolled under the continuous signup so far this year. Enrollment can continue throughout the year. Some 8.5 million acres are currently enrolled under the continuous signup, according to the release.

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Peruvian pitahaya exports reach $1M

Pitahaya, also known as dragon fruit, achieved an important milestone in Peru this year, reaching its first million dollars (FOB) in exports, consolidating itself as a promising crop with great export potential for the Andean country.

To learn more about the industry’s rapid expansion, FreshFruitPortal.com spoke with Fluctuante’s CEO and commercial director, David Sandoval, who said that “it’s a milestone for us to reach the first million dollars in exports. The product is growing and Peru is taking an important role in the industry with momentum.”

“We are seeing that pitahaya is emerging as people are investing in new crops. Some companies are producing and exporting pitahaya since in the pandemic, many withdrew from their pension funds and are now investing in agriculture,” he said.

Guido Álvarez Dávila, an agronomist from Inversiones flor del cáliz SCRL, and a producer and exporter of pitahaya, also spoke on the promising outlook for the industry, indicating that he sees Peru “with a great potential in the cultivation of pitahaya and will become the main exporter of red pitahaya in Latin America.”

Exports

Despite the positive results from growing the fruit on Peruvian soil, Sandoval said they had “strong, but still small” exports in 2023 and 2024.

Currently, the company leading pitahaya exports from Peru is Camposol, which grew by 160% compared to the previous year: “Last year, Camposol made the first commercial shipment; 2020, 2021 and 2022 were for testing to see how long the fruit lasted in transit and if it arrived well.”

Sandoval explained that the first commercial shipment was sent to the Netherlands and that almost all exports this year have been via air. “We are still not exporting by sea,” he indicated.

Achieving the first million dollars in exports has been a joint effort from producers, mainly located in La Libertad since Camposol has 60% of pitahaya exports. Then there are Lima, Ica, Piura, and Lambayeque, regions with good export potential in the coming years.

Markets

Regarding the destination markets for Peruvian pitahaya, David Sandoval explained that the Netherlands represents practically 75% of exports. This is followed by Spain and France, which together account for a total of 90% of exports.

“We can say that we are now focused on exporting to Europe and I hope that the efforts made by the sector can be diversified and we can even send to the United States and Asia, as we do with other products,” said Sandoval.

Challenges

Álvarez Dávila explained that the problem from Peru is in terms of protocols, “because there is no planning certified by SENASA, for the phytosanitary sites that are very important, so that they can carry out the certifications.”

He pointed out that “the protocols that had to be made with the United States, and which we have been promoting for two years, have not yet been fulfilled. In the case of Europe, we already have protocols but we are still waiting for China.”

He also specified that, so far, Peru does not have a certified pitahaya nursery. “They are in the process,” he said.

Another problem is that Peru currently has many varieties, “and if we need a large shipment, we will not ask to comply with small and medium producers, and large entrepreneurs are making varieties that are commercial”.

Projections

Achieving revenues of US$1 million in one year is indicative of a good future. Fluctuante’s CEO said pitahaya is supported by the growing demand that exists in the international market.

“There is volume in Peru that is still not being exported, because trees are still growing,” he said.

“I hope that the pitahaya market can mature to such an extent that it becomes as relevant as mango or aims to mimic markets like blueberry, grape, or perhaps avocado. We see it as being in the category of non-traditional products,” he said.

Based on the crop’s projections, Sandoval warns that the industry should learn from lessons of other crops, “such as, for example, having an organized supply and having production and export throughout the months so that price is not affected.”

Guido Alvarez said the industry should apply good agricultural practices to obtain sanitary filters. “In Peru, the biggest crops are being grown in the desert and I see a lot of potential in the Madre Dios area. Also, it is close to the Port of Chancay, which can be a boost for the region.”

“It is a long-term project because you have to do things well and not in a hurry,” said Alvarez.

Sandoval concluded by saying “I see potential for pitahaya because there are companies that are betting heavily on it and there are already purchase commitments abroad, mainly in Europe. We have to take great care of the quality of the product because in this way we build customer and consumer loyalty.”

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Dems’ platform touts Biden administration record

Democratic delegates approved a wide-ranging platform Monday night that largely embraces environmental and other policies of the current administration — not surprising, given that the platform was written before President Joe Biden stepped aside in favor of Vice President Kamala Harris.

The 91-page platform details the Biden administration’s implementation of the Inflation Reduction Act, including a program to compensate farmers and forest landowners who have faced discrimination by USDA.

“Over $2 billion has already been distributed to more than 40,000 people,” the platform says. “The Agriculture Department estimates that Black and underserved farmers have benefited most.”

The platform also continues to stand by Biden’s goal of net-zero greenhouse gas emissions by 2050 and net-zero methane emissions by 2030.

Biden “has taken more environmental actions than any president before him,” the platform says, specifically citing a ban on the insecticide chlorpyrifos. EPA banned use of the chemical in 2022, but a federal appeals court overturned the decision. The agency is expected to allow continued use on 11 crops.

In the platform, which is nonbinding, Democrats say, “We’ll reward Americans across the country who engage in voluntary conservation on private lands, and we’ll work with landowners to protect endangered species and our economy by restoring habitats and enhancing biodiversity, and continuing to protect lands and waters as National Monuments.”

The platform continues to commit to preservation of 30% of U.S. land and water by 2030.

The Democratic platform contains four paragraphs specifically on agriculture, saying that “American farmers are the backbone of our country” but that — in an echo of Ag Secretary Tom Vilsack’s “whiteboard” speech — “over the years … Big Agriculture moved in, telling too many small farms that the surest path to success was to get big or get out. As a result, we lost over 400,000 farms in America in the last 40 years, and rural communities have paid a steep price.”

In addition, “The Inflation Reduction Act is helping farmers and ranchers adopt climate-smart practices, boosting farm incomes and connecting them to new markets. The [Biden] administration has also supported independent meat and poultry processing, reducing producers’ reliance on big companies to buy their product; and it’s working to make livestock and poultry markets fairer and more transparent.”

The document also says Democrats “are working to improve workers’ safety at meat processing facilities, and we will continue to enforce and advance labor and environmental rules [by], for example, promoting organizing rights and requiring overtime pay, and boosting protections against harmful pesticides and extreme heat.”

The Democratic platform also includes a proposal on tax policy that would risk a fight with many ag groups.

“We’ll eliminate the ‘stepped-up basis’ loophole for the wealthiest Americans, so they can’t avoid paying taxes on their wealth by passing it down to heirs,” the platform says. The only time it mentions the estate tax is to criticize Republican plans to eliminate it entirely.

Stepped-up basis means that the capital gain on an inherited asset is calculated from the date that the original owner died, rather than when he or she acquired the property. Under current law, heirs don’t owe taxes until the assets are sold.

Biden proposed in 2021 to tax capital gains at death but the idea never got anywhere in a Democratic-controlled Congress.

The estate tax exemption was doubled by the Tax Cuts and Jobs Act in 2017 and is now $13.6 million per person; the doubling of the exemption is scheduled to expire at the end of next year along with a number of other TCJA provisions important to agriculture.

The only specific reference in the much shorter GOP platform to agriculture comes in a section on protecting “American Workers, Farmers, and Industries from unfair Foreign Competition.”

“We commit to rebalancing Trade, securing Strategic Independence, and revitalizing Manufacturing,” the platform says. “We will prioritize Domestic Production, and ensure National Independence in essential goods and services. Together, we will build a Strong, Self-reliant, and Prosperous America,” the GOP document says.

For more news, go to www.Agri-Pulse.com

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EPA finalizes ESA herbicide strategy, says it’s easier to implement

EPA’s final herbicide strategy, designed to protect more than 900 species listed as threatened or endangered, includes more options for growers and reduces the burden on applicators compared to the draft released last year, the agency said Tuesday.

EPA identified a handful of mitigation measures that, when used on a field by themselves, “would result in runoff/erosion exposures that would not likely have a potential for population-level impacts” to listed species. They are: systems with permanent berms; tailwater return systems, and subsurface tile drains, with controlled drainage structures.

The strategy also says “growers/applicators that work with a runoff/erosion specialist or participate in a conservation program would likely achieve higher-than-average mitigation measure efficacy and benefits of mitigation tracking.”

“The strategy also reduces the level of mitigation needed for applicators who have already implemented measures identified in the strategy to reduce pesticide movement from treated fields into habitats through pesticide spray drift and runoff from a field,” EPA said in a news release. “The measures include cover crops, conservation tillage, windbreaks, and adjuvants.”

For now, the strategy “does not impose any requirements or restrictions on pesticide use,” the agency said in its release. “EPA will use the strategy to inform mitigations for new active ingredient registrations and registration review of conventional herbicides. EPA understands that the spray drift and runoff mitigation from the strategy can be complicated for some pesticide users to adopt for the first time.”

Deputy Assistant Administrator for Pesticide Programs Jake Li said said that finalizing the first major strategy for endangered species “is a historic step in EPA meeting its Endangered Species Act (ESA) obligations. By identifying protections earlier in the pesticide review process, we are far more efficiently protecting listed species from the millions of pounds of herbicides applied each year and reducing burdensome uncertainty for the farmers that use them.”

Since it released a draft herbicide strategy a little more than a year ago, EPA said it worked to make it “easier to understand and incorporate[e] up-to-date data and refined analyses” as well as increase flexibility to implement mitigation measures.

The agency also said it had reduced the “amount of additional mitigation that may be needed when users either have already adopted accepted practices to reduce pesticide runoff or apply herbicides in an area where runoff potential is lower.”

The agency has struggled for years to meet its obligations under the ESA, which requires that EPA evaluate the impact of crop protection chemicals on federally listed species. Numerous courts have criticized EPA for failing to fulfill its requirements.

EPA agreed to prepare the herbicide strategy, along with a similar draft strategy for insecticides, as part of a settlement with the Center for Biological Diversity.

For more news, go to www.Agri-Pulse.com.

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New Jersey cranberry production stays strong

New Jersey cranberry growers are forecasting 580,000 (100 lbs.) barrels to be produced in 2024, according to the USDA’s National Agricultural Statistics Service, New Jersey Field Office.

If realized, the projections would match 2023’s production volumes, following a slight 3% upward trend from 2022’s numbers.

The Garden State’s production comes from a productive area of approximately 2,900 acres. Yields are at around 200 barrels per acre.

In Wisconsin, the largest growing state, production was 5.01 million barrels in 2023, up 4% from the previous year. Production in Massachusetts, at 1.97 million barrels, was down 13% last year. Oregon producers harvested 550 thousand barrels, up from 417 thousand barrels in 2022.

Related articles: Cranberries benefit exercise performance

Total domestic cranberry production for the 2023 season totaled 8.11 million barrels, up 1% from the 2022 crop year.

The New Jersey Pinelands are among the few places where cranberries grow naturally. Cranberries grow on vines that are very close to the ground. They need sandy, acidic soil which has a high water table. This wet area is called a bog.

In New Jersey, cranberry farming began in 1835 in a bog near Burrs’ Mills in Burlington County. Many other bogs were soon constructed wherever there was a good water source. Some of New Jersey’s first cranberry farms are still operated by descendants of the original owners.

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Daybreak Aug. 20: DNC kicks off; platform affirms Biden agen

The Democratic National Convention heads into its second day today in Chicago. Former President Barack Obama will headline the evening’s slate of speakers.

Monday evening, the delegates approved a 91-page platform that affirms key Biden administration policies, including the president’s goal of net-zero greenhouse gas emissions by 2050.

By the way: The platform also calls for eliminating stepped-up basis, calling it a “loophole for the wealthiest Americans.” Farm groups argue stepped-up basis is critical for keeping family farming operations together.

Harris thanks Biden in surprise appearance at DNC

The convention Monday night featured a surprise appearance from Vice President Kamala Harris. She was welcomed with cheers and delivered a few short remarks, thanking Joe Biden for his “historic leadership.”“We are forever grateful to you,” she said, before telling the crowd, “We all have so much more in common than what separates us.”Delegates during President Joe Biden’s address Monday night at the Democratic National Convention.

By the way: House Ag Committee member Jasmine Crockett, D-Texas, got in a reference to the farm bill in a speech Monday night. She blamed Trump’s “MAGA” supporters in Congress for blocking border security measures, aid to Ukraine, and “even the farm bill.”The farm bill has never been put on the House floor and only received four Democratic votes in committee.

Immigration advocate: Take the deportation pledge seriously

The U.S. should offer visas to immigrants who plan to work in essential food supply chain jobs, an advocate for immigrants said at a DNC event Monday.

Andrea Flores, vice president for immigration policy and campaigns at fwd.us, and other representatives from the group, also emphasized the need to create pathways for immigrants to obtain legal status.

“The public wants border security and border control,” Flores said. “They also want policies that protect undocumented immigrants and that give immigrants better legal pathways to come to the U.S.”

She called the convention “an unprecedented moment … where immigration has actually risen to a major issue in a presidential election,” noting the issue was not as important to voters from 2008 to 2020.

Deportation? Flores also said Americans need to “take seriously” former President Donald Trump’s pledge to deport undocumented immigrants, although any plan to do so would likely take some time to implement.

Trudeau pushed to head off rail strike

U.S. farm groups are appealing to Canadian Prime Minister Justin Trudeau to head off a railroad strike that could disrupt grain shipping this fall.“

A lockout or strike would lead to shutdowns or slowdowns of rail-dependent facilities resulting in harmful consequences for Canadian and American agricultural producers, the agricultural industry, and both domestic and global food security,” says a letter signed by the National Grain and Feed Association, the Agriculture Transportation Coalition and other groups.

The letter goes on to say that a “strike would be particularly severe on bulk commodity exporters in both Canada and the United States as trucking is not a viable option for many agricultural shippers due to their high-volume needs and the long distances for many of the movements.”

A strike could begin as soon as this week, if the Canadian National and Canadian Pacific Kansas City railways can’t reach an agreement with their unions.

Lawmakers push ‘strategic initiative’ for bird flu

A bipartisan group of lawmakers is pushing USDA to create a strategic initiative for avian influenza similar to what the department has done in the past for deadly E. coli bacteria.

Such a unit within the Animal and Plant Health Inspection Service could coordinate research on issues such as vaccines, as well as advanced biosecurity measures and wild bird deterrents, according to a letter the lawmakers sent to Agriculture Secretary Tom Vilsack.

“Unprecedented times require action, and establishing an initiative that brings the brightest minds together to discover effective methods to combat HPAI will be essential to eventually eradicate this disease and protect our farmers,” says the letter led by Rep. Randy Feenstra, R-Iowa, and Jim Costa, D-Calif.

In a statement to Agri-Pulse, a spokesman for the department outlined the steps that have been taken to address the latest outbreak in cattle and birds. “USDA has forged many strategic partnerships across our own agencies, with other federal and state partners, and with researchers all over the country. These collaborative efforts have allowed us to protect farmworkers and farmers, the health and welfare of livestock animals, and reaffirmed the safety of the food supply,” the statement says.

Milk, dairy leaders appeal to agencies on dietary guidelines

Leaders of milk and dairy organizations are concerned that the advisory committee for the Dietary Guidelines for Americans isn’t exercising proper transparency in drafting its 2025-2030 recommendations.

The president and CEO of both the International Dairy Foods Association and the National Milk Producers Federation have written to USDA and the Department of Health and Human Services to express their concerns with the guidelines process.

Specifically, the two worry the current process lacks transparency in why certain scientific studies are included to inform conclusion statements.

Additionally, the organizations are concerned with the apparent emphasis on food pattern modeling, which they wrote cannot track the long-term health benefits and costs of various foods.

On dairy issues, the groups are concerned that DGAC appears to be focusing on plant-based, dairy alternatives that are “not nutritionally equivalent.”

The authors of the letter, Michael Dykes of IDFA and Gregg Doud of NMPF, urged against guidelines that result in the avoidance of dairy. The DGAC is set to hold a final meeting in September before submitting its recommendations. However, HHS and USDA have the final word on the guidelines.

Final word: “I think no matter what happens, there’s going to be people in both parties that are going to want to make sure that we don’t upset the reasonable expectations of farmers and ranchers about their ability to pass their farm and ranch to the next generation.” – Senate Ag Committee member Michael Bennet, D-Colo., when asked by Agri-Pulse about his party’s proposal to eliminate stepped-up basis.

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Appeals court blocks rail rate dispute rule in defeat for shippers

A federal appeals court on Tuesday vacated a Surface Transportation Board rule that enables the agency to more quickly resolve rate disputes by deciding based on either the shipper’s or railroad’s final offer.

A three-member panel of the 8th U.S. Circuit Court of Appeals determined the regulatory agency lacks statutory authority to implement the “final offer rate review system” intended to allow for the speedier handling of small-scale disputes after the agency’s rule was challenged by Union Pacific and the Association of American Railroads. A similar method is used for wage disputes in Major League Baseball.

Five shipper groups — the American Chemistry Council, the Corn Refiners Association, the National Grain and Feed Association, the National Industrial Transportation League and the Fertilizer Institute — had intervened in defense of the rule.

The system puts the STB’s role as an umpire into the hands of one of the parties involved in the dispute by having the board choose between one of only two prescribed maximum reasonable rates presented, Chief Judge Lavenski Smith wrote in the opinion.

To demonstrate his point, Smith laid out a hypothetical: If a rail carrier charges a rate of $100 and the board concludes that amount is unreasonable, it must determine what a reasonable amount would be in that situation. Meanwhile, the shipper’s final offer is $2. Using its own analysis, the board could have hypothetically concluded that $98 is instead a reasonable rate. But under the final offer rate review system, it would need to choose between one of the two options presented: $100 or $2.

“Thus, it is one of the parties—not the Board—that prescribes the maximum rate, contrary to the plain language of the statute,” Smith wrote.

For more news, go to www.agri-pulse.com.

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US scientists are working to automate blackberry harvesting

Blackberries’ delicate nature makes the harvesting process a tedious one, but Mississippi State University (MSU) scientists are working in conjunction with other universities across the country to create a robot that can pick the fruit.

MSU Assistant Professor Xin Zhang, of the Department of Agricultural and Biological Engineering, is working with a team to develop the machine, a blackberry detection and localization system, the “eyes” and “brain” of a robotic harvester system powered by an innovative, artificial intelligence-driven deep learning approach.

The MSU team is developing the localization and detection system, as partners in Georgia Tech work on a soft touch robotic arm and gripper and a bipedal mobile platform to work hand-in-glove with the MSU-trained system. University of Arkansas scientists are focused on post-harvesting fruit analysis.

The gripper is reported by Mississippi State to be equipped with sensors modeled after tiny fingertips, to grab and pick the berry without squeezing and damaging it.

The perception system is powered by a vision-based object detection model that identifies and locates objects of interest YOLOv8 (You Only Look Once, version 8). The technology is “powerful enough to support robots, surveillance systems, and self-driving cars.”

During tests, the university says the best-performing model was “94% accurate in identifying ripe berries, 91% for ripening berries, and 88% for unripe berries. It also detected impressively high-resolution images in real-time, clocking 21.5 milliseconds per image.”

The $1 million multi-institutional research is funded by the USDA National Institute of Food and Agriculture National Robotics Initiative in collaboration with the National Science Foundation.

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