By Tom Bressner, CONTENTS WABA Execu ve Director

5 Recrui ng Wisconsin College Graduates for Your Business Gree ngs once again from WABA! Well, all three of our WABA Scholarship Program Golf Ou ngs 7 Agri Business Prepares for the Fall Harvest while Candidates Prepare for an Elec on are now in the past and football has returned. That must mean that another harvest season is 8 November Ballot Lets Voters Decide: right around the corner. Based on what I have Opportunity to Ensure Transporta on Dollars Are Used For Transporta on seen during my travels, crop condi ons are all over the board this year. I certainly hope the cold weather decides 9 Purdue University Issues 2013 Summary of to make a late entry this year so some of the “not so mature” north- Entrapments in the United States ern crops have a chance to make it. Where ever you are, we off er 12 The New Farm Bill Aff ects All of Us That wishes for a safe and boun ful harvest. Work in the Agricultural Industry 14 Grain Local Emphasis Program Summary As you have learned from previous opening ar cles I have wri en in and Recap these quarterly magazines, your associa on doesn’t sit quietly in one spot for very long. We stay busy and work hard to promote the best 18 August Crop Produc on interests of our members. I write this ar cle today to let you know 20 Studies on Water Toxin Focus on Farms a few of the things that we are up to, and some of the things we are doing to serve your needs. If you have any ques ons or comments, 22 WABA Scholarship Program for 2014-15 your input is always welcome. Please let us know. 24 “INVEST AN ACRE” for your Local Food Bank Grain Elevators: We Need Your Help * Annual WABA Membership Renewals were sent out to the mem- 25 Fast Facts About Agriculture bership during the last week of July and the fi rst two weeks of August. Renewals have been coming back in the offi ce at a nice pace 26 A Dozen Reasons Why Agribusiness ever since, keeping Denise busy. For those of you who have already Companies Seek Federal Trademark Registra ons returned you 2014-15 WABA Membership Renewal, thank you so much. We appreciate your support, your loyalty, and the confi dence 29 Safety Day 2014 Recap you have in your associa on. If you have not yet returned your 31 Fer lizer Report membership renewal, please consider doing so soon. Each and ev- ery member is important to us, and we hope you will plan on staying 35 Report from Wisconsin Pest Bulle n a WABA member for years to come. 36 WABA Motorcycle Tour * Planning for the 2015 Wisconsin Crop Management Conference 37 WABA Grain Grading School and Agri-Industry Showcase is well underway. WABA and UW- 38 WABA Trap Shoot Extension hosted a planning mee ng with associa on members on 39 Golf at Skyline Golf Course August 4th to develop breakout session topics and pick speakers to present on these topics. Joan has been working closely with the Alli- 40 Golf at Christmas Mountain ant Energy Center on menus, room layouts and scheduling. She also 42 Golf at The Oaks Golf Course s ll has room for more exhibitors on the trade show fl oor. We also 46 ‘Mega-drought’ Expected this Century have most of our keynote speakers confi rmed for the fi rst day of the conference. Confi rmed so far are: Leroy Butler - Former Green Bay 48 2015 Exhibitor Contract Packer and member of the Packers Hall of Fame, Maria Sanchez - Sr. 49 Adver sing Rate Sheet Marke ng Director for the Panama Canal, and Alison Wedig, 2014-15 50 Ac on Ads President of the Wisconsin FFA. (Con nued on Page 4) Volume 3, Issue 3. Fall 2014        ! !   #    

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President

Erik Huschi - Badger State Ethanol, Monroe Vice President 2801 International Lane Suite 105 Steve Hanvold - AgVentures LLC, Marathon Madison, WI 53704 Treasurer Phone: 608-223-1111 Fax: 608-223-1147 Sco Firlus, Allied Coopera ve, Adams

[email protected] Secretary www.wiagribusiness.org Kathy Dummer - Buck Country Grain, Arcadia Directors Our Mission Jon Accola - Premier Coopera ve, Mineral Point The mission of the Wisconsin Bruce Andersen, Bio-Gro Inc., Cedar Grove Agri-Business Association Tim Bauer, Deer Creek Seed, Ashland is to represent, provide pro- Mike Christenson, Countryside Coopera ve, Durand grams and services, educate, Doug Cropp, Landmark Services Coopera ve, Co age Grove train, manage regulatory and Thomas Hoff man - Central Wisconsin Coopera ve, Stra ord legislative affairs, and to be Timothy Hoyt - Monsanto, Arlington a strong unifying voice for Joey Kennicker - Greg’s Feed & Seed, Inc., South Wayne Guy Mathias - AG Systems, Inc., DeForest the agribusiness industries of Marc Powell - Hanna Ag, LLC, Verona Wisconsin. Advisors Advertisers Shawn Conley - UW Dept. of Agronomy, Madison A & L Great Lakes Laboratories, Inc. David Crass - Michael Best & Friedrich LLP, Madison Advanced Biological Marketing Ma Ruark - UW Dept. of Soil Science, Madison Agra Liners, LLC Ag Systems, Inc. Agrium US, Inc. Staff CHS CoBank Tom Bressner - Execu ve Director Contree Sprayer & Equipment Co. Jim Nolte - Safety Director CP Feeds Denise Poindexter - Director of Member Services Doyle Equipment Mfg. Co. Inc. Joan Viney - Director of Member Communica ons Edgewell Ag Products, LLC FEI-East Fertilizer Dealer Supply Great Salt Lake Minerals Mayville Limestone, Inc. Michael Best & Friedrich LLP Monsanto Follow us on SCS BT Squared, Inc Skinner Tank Co.. facebook and Twi er Syngenta United Suppliers Weigh-Rite Scale Co.

Wisconsin Agri-Business News Quarterly - Vol. 3 Issue 3 3 (Con nued from Page 1)

* Two of the associa ons’ Scholarship Program Nearly 50 grain industry employees were trained dur- Golf Ou ngs were held during the month of August. ing the two days of classes. Thank you once again to The fi rst was held in Black River Falls at Skyline Golf WABA Member, Mike Wang of the Milwaukee Inspec- Course on August 6th. The second was at Christmas on Service for instruc ng the classes. Mountain near the Wisconsin Dells on August 21. Our third ou ng was held on September 4th at The *Jim Nolte, our WABA Safety Program Director con- Oaks Golf Course near Co age Grove. Of all the golf nues to spend most of his me out in the country ou ngs your associa on has held over the years, this working with Safety Program members to keep up was the fi rst one we can remember where the fi eld with their safety training and safety program de- was booked full with a maximum 144 golfers for the velopment. We just picked up a new member to day. We also had a great me in Wisconsin Rapids at the Safety Program this past week. If you have not The Heart of Wisconsin Gun Club on July 31st for the looked into the program, give Jim a call and learn WABA Scholarship Program Trap Shoot. more. * WABA con nues to be ac vely involved in mee ng * We also par cipated in an interes ng webinar with our regulators. We were involved in a WisDOT during the middle of August that was put on by the Transporta on Summit in Appleton early in August. Agricultural Retailers Associa on on Fer lizer Con- Our main points of concern are funding for rural trac ng and Fer lizer Trade Rules. If you are inter- roads and railroad car issues. We were in mee ngs ested in seeing a model fer lizer contract or model with DATCP concerning feed tonnage repor ng and trade rules for fer lizer, just let us know. issues with the Agricultural Producers Security Fund. * In early September, Tom was back in Washington * On September 2nd, your associa on was once DC on our semi-annual Washington Fly-In to meet again in the offi ce of Senator Jerry Petrowski discuss- with and discuss issues, that are important to WABA ing poten al amendments to the Implements of Hus- members, with the offi ces of both Senators and all bandry legisla on. We con nue to work on issues we eight Representa ves from Wisconsin. Thanks to the have with the legisla on, especially issues concerning Na onal Grain and Feed Associa on, other mee ngs permi ng. were held with Senator (MI) Chair of the Senate Agriculture Commi ee, Senator Ron * With another grain drying season in the not-to- Wyden (OR) Chair of the Senate Finance Commi ee, distant future, WABA has been working with the Representa ve Bill Shuster (PA) Chair of the House Wisconsin Propane Gas Associa on, Coopera ve Transporta on Commi ee, Senator Chuck Grassley Network, Growmark, and the Wisconsin Corn Grow- (IA), Representa ve Mike Conaway (TX) poten al ers Associa on to keep everyone alert to the pro- next Chair of the House Agriculture Commi ee, Tim pane shortages we had last year and will most likely Massad - Chairman of the Commodity Futures Trad- have again this year. A press conference was held on ing Commission, and Michael Moore - former Direc- September 9th to alert the farm press. We know that tor General of the World Trade Organiza on, former most WABA members that sell and deliver propane Prime Minister of New Zealand, and current Ambas- have taken a very pro-ac ve posi on this year as sador to the US. WABA works “Capitol Hill” hard, well, trying to keep the supply issues to a minimum. and does the best we can to tell our views on issues that are very important to Wisconsin agriculture and * On August 20th, WABA worked in conjunc on with agribusiness. the Department of Transporta on to host an exclu- sive webinar for WABA members on the new Imple- As always, thank you so much for being a member of ments of Husbandry Regula ons. If you or some WABA. A er two months of being buried in mee ngs of your staff were not able to sit in on the webinar, and other events, I will be hi ng the road again in or you would like to simple view it again, we have the coming days to make more membership visits. I posted the link on our website (www.wiagribusiness. look forward to seeing you soon. org). The webinar can be viewed any me between now and the end of September. Sincerely, Tom * Our annual grain grading schools were once again a success. This year, the schools were held on August 25th and 26th at the Kalahari Resort in the Dells.

4 Recruiting Wisconsin College Graduates for Your Business

Four Year Schools That Are Part of the By Tom Bressner University of Wisconsin System Wisconsin Agri-Business Assoc. The en re UW System has established a completely centralized system to give employers access to over 160,000 students from 13 diff erent campuses includ- ing: UW-Eau Claire, UW-Green Bay, UW-La Crosse, UW-Madison (other than CALS), UW-Milwaukee, UW-Oshkosh, UW-Parkside, UW-Pla eville, UW-River It seems like one of the most challenging responsibili- Falls, UW-Stevens Point, UW-Stout, UW-Superior, es of agribusiness managers these days is recrui ng and UW-Whitewater. This centralized system allows good people. In fact, as I travel the state, mee ng you to post jobs and internships to all UW System with WABA members at their places of business, I am schools, or allows you to make a single request and o en asked if I know of any good candidates avail- receive resume referrals from mul ple campuses. able to fi ll open posi ons within their agribusiness The web address for this centralized system is: www. company. jobs4wigrads.com In an eff ort to help WABA members in knowing how If you want to talk directly to one of the other three to fi nd college students majoring in areas of interest (UW-Madison CALS is already men oned above) ma- to our members, WABA has recently held discussions jor agriculture and agronomy schools in the UW Sys- with many of the college career services departments tem, I encourage you to call the following contacts: at schools located in Wisconsin. Following is infor- ma on that should be very helpful to you in fi nding UW-Pla eville - contact Heide Bredeson, Career recent or soon-to-be college graduates to fi ll impor- Consultant at 608-342-1183, extension 5093, or at tant posi ons within your company. bredesonh@uwpla .edu. UW-Madison College of Agricultural & Life UW-River Falls - contact Melissa Wilson, Director of Sciences Career Services at 715-425-3572 or at melissa.wil- [email protected]. The UW-Madison College of Agricultural & Life Sci- ences (CALS), uses an internet based system diff erent UW-Stevens Point - contact the Career Services de- than most of the rest of the UW-Madison depart- partment at 715-346-3226. ments and other colleges across the State of Wiscon- sin. If you are interested in one or more of the un- Wisconsin Technical Colleges dergraduates and graduate students at CALS, you can use their online “BuckyNet” system to post job open- The en re Wisconsin Technical College System can ings or internships, to a end a career fair, or to have also be accessed through one centralized website as access to resumes. CALS at UW-Madison currently well. The web address is: www.wisconsintechcon- has 4,500 undergraduate and graduate students nect.com. This centralized website will give employ- available in 19 academic departments including Food ers access to post job openings and internships and Science, Agronomy/Hor culture/Plant Pathology, Bi- to access resumes from all 16 schools included in the ology/Biochemistry/Microbiology, Ag. Business Man- Wisconsin Technical College System. If you want to agement, Environmental Sciences, Gene cs, Animal contact one of the technical schools directly, their and Dairy Sciences, Biological Systems Engineering, contact informa on is as follows: and many more. You can do any of this by going to: www.cals.wisc.edu/industry-community. Your best Blackhawk Technical College (Janesville) personal contact in working with UW-Madison CALS 608-757-6329 / is Megan O’Rourke. Megan is the Associate Director [email protected] of Career Services for CALS. Her phone number and email address is as follows: 608-262-3460 and (Con nued on Page 6) [email protected]

Wisconsin Agri-Business News Quarterly - Vol. 3 Issue 3 5 (Con nued from Page 5) Northcentral Technical College (Wausau) 715-675-3331 / [email protected] Chippewa Valley Technical College (Eau Claire) Northeast Wisconsin Technical College (Green Bay) 715-833-6341 / [email protected] 920-498-5528 / [email protected]

Fox Valley Technical College (Appleton) Southwest Wisconsin Technical College (Fennimore) 920-735-5627 / [email protected] 608-822-2333 / careerconnec [email protected]

Gateway Technical College (Racine) Waukesha County Technical College (Pewaukee) 262-619-6566 / [email protected] 262-695-7811 / [email protected]

Lakeshore Technical College (Cleveland) Western Technical College (La Crosse) 888-468-6582 / [email protected] 608-785-9440 / [email protected] Madison Area Technical College (Madison) Wisconsin Indianhead Technical College (Shell Lake) 608-246-6401 / [email protected] 800-243-9482 / [email protected] Mid-State Technical College (Wisconsin Rapids) Breakout Session at the WCMC 715-422-5389 / [email protected] WABA will also be hos ng a breakout session at the Milwaukee Area Technical College (Milwaukee) upcoming Wisconsin Crop Management Conference 414-297-6244 / [email protected] in January that will contain a panel discussion on “Recrui ng Good People for Your Agribusiness”. The Moraine Park Technical College (Fond du Lac) panel will include: Jim Fleming from Rich Connell 920-924-3205 / employmentservices@morainepark. Agri-Search, Mark Wascheck from Ag 1 Source, and edu Megan O’Rourke from UW-Madison CALS. The break- out session is scheduled during the Agribusiness Nicolet Area Technical College (Rhinelander) Management Session at 10:00 on Thursday, January 715-365-4565 / [email protected] 15th. We hope you can a end. Agri Business Prepares for the Fall Harvest while Candidates Prepare for an Election

Wisconsin voters will be inundated by two state-wide By Shawn Pfaff campaigns this fall. First-term Republican Governor Pfaff Public Aff airs, LLC Sco Walker is in a very close race with his Democrat- ic opponent Mary Burke who is former Commerce Secretary and Trek Bicycle execu ve. Walker, who is facing state-wide voters for a third me in just four years, is the only Governor in the country to ever suc- cessfully survive a recall elec on. Wisconsin voters will also choose who will be our state’s next A orney General. In that race, two rela vely unknown candi- dates – Democrat Susan Happ, the Jeff erson County Fall unoffi cially begins the day a er Labor Day. Kids District A orney, is facing Republican Brad Schimel, are back in school, the Pack is back, days become the Waukesha County District A orney. shorter and the weather changes. In your world, once fall “unoffi cially” begins, it means you become Recent polls from Marque e University have shown even busier preparing for the upcoming harvest. that the gubernatorial race is “the ul mate horse race” with the last two polls showing Burke leading The same can be said in poli cs. A er Labor Day, the Walker with likely voters. One of the reasons that offi cial campaign season begins. The general elec- Burke is leading is that nearly 50 percent of Wiscon- on is only two months away. The campaigns are no sinites think our state’s economy is lagging behind longer about the retail poli cking of serving eggs at other states. In the A orney’s General race, Happ dairy breakfasts, marching down streets at commu- leads Schimel by almost ten points at this point, how- nity parades and ea ng exo c foods at county fairs. ever, more than 75 percent of voters do not know Campaigns pick up their intensity through constant enough about either of them yet. television and radio ads. Candidates hold press conferences to lay out their policy statements. They This fall while working hard helping Wisconsin reap contrast with each other in formal debates, and begin the economic benefi ts of another important harvest, the ever-important job of ge ng their supporters please try to fi nd some me to sort through the radio engaged, energized and informed to vote. and television ads and focus on the fall’s other main event – the elec on - to fi nd out more about where In Wisconsin, we are no stranger to harvests and the candidates stand on issues important to agricul- elec ons in the fall. Our $61 billion agriculture econ- ture before you vote. omy is dependent on us, in agri business, being able to get the crops harvested and distributed in a mely A er all, your decision this fall could help impact the manner. At the same me, our state government is strength of next fall’s harvest. dependent on the fall elec ons to help us determine what direc on our state will take in regard to tax, Shawn Pfaff is the President of Pfaff Public Aff airs, LLC regulatory, environmental and educa onal policy. a government and public rela ons fi rm that repre- sents the Wisconsin Agri-Business Associa on in the State Capitol.

Wisconsin Agri-Business News Quarterly - Vol. 3 Issue 3 7 November Ballot Lets Voters Decide: Opportunity to Ensure Transportation Dollars Are Used For Transportation

The ques on on the Wisconsin November 4th ballot will read: By Tom Bressner Wisconsin Agri-Business Assoc. QuesƟ on 1: CreaƟ on of a TransportaƟ on Fund. Shall sec on 9 (2) of ar cle IV and sec on 11 of ar- cle VIII of the cons tu on be created to require that revenues generated by use of the state transporta on system be deposited into a transporta on fund ad- ministered by a department of transporta on for the On November 4th, Wisconsinites will head to the exclusive purpose of funding Wisconsin’s transporta- polls to express their preference for a candidate for on systems and to prohibit any transfers or lapses governor and any number of other poli cal offi ces. from this fund? They will also be asked to weigh in on cons tu onally protec ng the transporta on fund. This is a way to A winning YES vote will do nothing more than require ensure transporta on user fees - primarily the gas tax that gas tax and registra on fee dollars remain in the and vehicle registra on fee - are used solely for the transporta on fund to be used to pay for the trans- upkeep of the transporta on system. porta on system the public relies on every day. It is not o en the legislature give Wisconsin voters For ques ons or further explana on of this important the opportunity to weigh in directly on a public policy cons tu onal ini a ve, go to: issue. But that is exactly what the legislature did VoteYesforTransporta on.com when it passed fi rst and second considera on of the proposed cons tu onal amendment to protect the transporta on fund. Smart, Simple Why did the legislature do this? It likely had some- thing to do with public opinion about past uses of transporta on revenue, and bad prac ce of backfi ll- ing the siphoned-off revenue with bonding and inef- &217$,10(17 fec ve legisla ve prohibi ons. Solutions. But isn’t a cons tu onal amendment a li le ex- treme? Couldn’t the legislature simply prohibit the use of transporta on revenues for other purposes /HWRXUH[SHUWVKHOS\RXZLWK or just keep its hands off the cash? Experience has v,QYHVWLJDWLRQDQGUHPHGLDWLRQSULRU shown that state laws to safeguard user fees don’t WRFRQVWUXFWLRQ work. Wisconsin, in fact, has statutory language v%XONIHUWLOL]HUFRQWDLQPHQW limi ng the use of transporta on user fee revenue to v0L[ORDGSDGV transporta on purposes. However, that did not pre- vent the diversion of approximately $1.4 billion over v&RPSOHWHHQFORVHGSHVWLFLGHEXLOGLQJV the be er part of a decade. Simply stated, anything v7XUQNH\FRQVWUXFWLRQPDQDJHPHQW enacted by the legislature and the governor can also be undone or overlooked now or in the future. That is why most states, including our neighbors Min- nesota, , Michigan and Ohio, have some cons - tu onal language direc ng the use of transporta on &RQWDFW7RP&XOS user fees for transporta on purposes and why Wis- WFXOS#VFVHQJLQHHUVFRP consin will not be the only state to have such an item ZZZEWVTXDUHGFRP on its November 2014 ballot. Maryland voters will also be asked to consider cons tu onal protec on for their state’s transporta on fund. 8 Purdue University Issues 2013 Summary of Grain Entrapments in the United States

By Professor Bill Field possibly refl ec ng the increased corn produc on in Purdue University the South.

In 2013, there were no fewer than 33 grain entrap- In 2013, there were 32 cases where the exemp on ment cases, 14 falls, 12 equipment entanglements status of the facility was known. Of those, 23 (70%) (including augers), and 4 ons. Grain entrap- occurred on farms or other loca ons currently ex- ments accounted for 49% of the documented cases. empt from the OSHA Grain Handling Facili es Stan- For incident types with more than one case, asphyxi- dards (29 CFR 1910.272), with the balance of 8 (27%) a ons cons tuted the most dangerous with a report- taking place at non-exempt commercial grain facili- ed 100% fatality rate, while grain entrapments ranked es. This is in strong contrast to 2012 when 35% oc- second with a 43% fatality rate. Again, it is believed curred on exempt farms, 45% at commercial facili es that incidents involving being overcome by exposure and the rest were unknown. to toxic environments are under-reported. All documented vic- ms were male. Also, The 33 grain entrapment there were no cases cases represent a 65% involving a youth increase in entrapments under the age of 20. from 2012 when 20 en- Overall, a specifi c age trapments were record- was known for 13 of ed. The previous three the 33 vic ms in 2013, years (2009, 2010, and with the oldest vic- 2011) experienced 44, m being 72, and the 59, and 32 documented youngest 23 years old. cases respec vely. The The average age was fi ve-year average con n- 49 years old, and the ues at a rela vely high median age 50. level of 37.6, slightly below the peak of 40.6 During 2013, the in 2011. primary medium of entrapment, when Between 1994 and 2002, iden fi ed, was corn the fi ve-year average (16 incidents, 48%). decreased from a then-record of 32.0 recorded en- were the trapments per year (1994) to 22.8 in 2002 (the lowest second most common grain with six incidents (18%). since 1987). Since 2002, however, the fi ve-year aver- Over the past thirty years corn has been involved in age has increased steadily back to an average of 30.8 approximately 45% of the grain-related entrapments incidents per year in 2008, 34.2 in 2009, and 39.0 in where the medium was known. If further inquiry 2010, and peaking in 2011 with 40.2 cases. were conducted on the unknown cases, it is believed the por on involving corn would be higher. Other In 2013, the states with the most documented grain bulk materials documented in entrapments included entrapments, fatal and non-fatal, were Illinois (5) and processed feed, rice, wheat, and pinto beans. North Carolina (5). All of the North Carolina cases involved one incident. There were three cases each In 2013, the ra o of fatal to non-fatal cases con nued for , Maryland, and Ohio, and two cases each its decline with 39% of the entrapments resul ng in for Georgia, Iowa, Michigan, and Wisconsin. Overall, death. This is in comparison to 1964-2008, during entrapments were documented in 15 states in 2013. which 73% of documented entrapments resulted in It is important to note that in 2013, a third of grain a fatality. Also, in 2008-2012, the percentages of in- entrapment cases occurred outside the Corn Belt, cidents resul ng in death were 51%, 48%, 54%, 38% and 40% respec vely. (Con nued on Page 10)

Wisconsin Agri-Business News Quarterly - Vol. 3 Issue 3 9 (Con nued from Page 9) cases, but the topic has received li le a en on in the Overall, the decrease in the percentage of fatal cases current discussion related to the overall problem. is believed to be due to 1) an increased emphasis on safer confi ned space entry procedures, 2) an in- The cases involving those under the age of 21 ac- creased emphasis on fi rst responder training on grain counts for more than one out of every fi ve, but entrapment extrica on, and 3) an increased public this popula on s ll takes a second place to training awareness of issues related to grain entrapment and emergency fi rst responders and developing more greater willingness to report non-fatal cases. eff ec ve rescue strategies. If preven on eff orts are to be eff ec ve, the alloca on of resources should be As in past years, it should be noted that this summary evidence-based and targeted so they will have the does not refl ect all grain-related entrapments, fatal most long-term impact. or non-fatal that have occurred. Currently over two- thirds of grain storage capacity in the U.S. is found on For addi onal informa on on this report, contact farms that are exempt from the current OSHA report- Professor Bill Field at 765-494-1191 or ing requirement standards. fi [email protected]. Observa ons As noted by on-going media coverage, the level of interest regarding agricultural confi ned spaces, es- pecially grain entrapments has remained high. There con nues to be development of new preven on resources, enhanced access to training opportuni es and the American Society of Agricultural and Biologi- cal Engineers (ASABE) is dra ing engineering stan- dards designed to make grain storage structures safer to work around. This ongoing a en on was further intensifi ed when OSHA began to explore their regulatory op ons to conduct enforcement inspec ons on facili es that have been tradi onally exempt from having to comply with the relevant standards. This eff ort was immediately met with cri cism from na onal farm or- ganiza ons and legisla ve responses from members of Congress. Other factors that have contributed to the public at- ten on being given to these incidents have been the high media profi le given to OSHA fi nes for viola ng exis ng workplace safety and health regula ons at grain storage opera ons, and the large se lements and awards resul ng from civil li ga on from injuries and deaths at these facili es. The message is becom- ing very clear that future incidents have the poten al to be very costly to those who fail to comply with recognized or required workplace safety and health prac ces. One of the most signifi cant outcomes from an ex- panded surveillance eff ort to document injuries and fatali es associated with agricultural confi ned spaces could be a be er pla orm from which to develop and implement more eff ec ve and targeted preven on strategies. For example, falls around these spaces in www.unitedsuppliers.com 2013 account for no less than 21% of all documented Follow us on Facebook and Twitter

10

The New Farm Bill Affects All of Us That Work in the Agricultural Industry

• When determining payments by commodity, the By Pat Sturz new farm bill will make payments based on the producer’s base acres. However, farmers can elect to update their base acres to refl ect the The new farm bill aff ects all of us that work in the actual average planted acres during 2009 – 2013. agricultural industry. It is important for us to have at least a working knowledge on how it will aff ect the • Producers may want to make this elec on if producers along with those that serve producers. they believe that it will increase their payments. Below is some general informa on about the new Payments will be based upon 85 percent of base programs. acres for both ARC and PLC county coverage and 65 percent for individual farm acres. Farmers may • Beginning with the 2014 crop year — which starts choose between ARC and PLC for each crop, un- September 1 for corn and growers — a less they pick individual farm ARC, which requires farmer will need to elect between Agricultural all crops to be enrolled in ARC. Risk Coverage (ARC) or Price Loss Coverage (PLC). • The old farm bill had a $40,000 limita on on • ARC is a revenue-based loss coverage that will most direct payments. Under the new farm bill, kick in once the actual revenue for the crop year this limita on has been increased to $125,000 is less than 86 percent of the targeted revenue. for each producer. If the producer is married, Targeted revenue is based on a fi ve-year Olympic the limit is increased to $250,000 (assuming the average (i.e., the average not including the high- spouse is enrolled in the program). est and lowest values) mes the Olympic average yield. Payment is limited to 10 percent of targeted • The old farm bill contained both a farm AGI limi- revenue. ta on ($750,000) and a non-farm AGI limita on (or as much as $1 million). The new bill eliminates • PLC is based strictly on price. Once the average the dis nc on between farm and non-farm and commodity marke ng year price falls below a has one overall limita on of $900,000. “reference” price, then a payment will be made based on the diff erence mes the “payment • There is a new dairy margin protec on program yield” for that crop. Farmers can elect to update for dairy farmers. This margin protec on program their yields to the average of the 2008 – 2012 is similar to crop insurance. Those who elect to crop years. par cipate will receive a payment if the average margin (average all-milk price less average feed • Reference prices for major crops are: cost) drops below certain levels during a two Corn — $3.70 per bushel month period. The margin levels available range Wheat — $5.50 per bushel from $4 to $8 in 50 cent increments. There is no Soybeans — $8.40 per bushel charge for the $4 level and smaller producers will have lower premiums. • Payments will be made a er October 1 of the following year. For example, any payments for the • Payments will be based on elected coverage 2014 crop year will not occur un l a er October levels (ranging from 25 percent to 90 percent of 1, 2015. Therefore, most farmers will not receive produc on history) mes the diff erence between any governmental payments during calendar year the actual and elected dairy margin (assuming 2014. actual is less than elected). • Farmers are required to make a one- me elec- • The produc on history is considered the highest on: either ARC or PLC. Those who do not make amount of produc on during 2011 – 2013. This an elec on will receive no payment for the 2014 history will be updated for changes in average crop and will be locked into PLC through the 2018 U.S. milk produc on. There is no limit on the pay- crop year. Enrollment in this program will most ments that a dairy farmer will receive. likely occur some me a er the 2014 crop year actually begins — there is no defi ni ve date yet. We hope these answers help you get a general un- derstanding of the new farm plan. 12 Get ready to grow more. Biological Enhancements for Corn and Soybeans

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Leslie Ptak, Compliance Assistance jurisdic on that is randomly sorted with a certain Specialist, Madison OSHA Offi ce number selected for inspec on. Other triggers of inspec ons were complaints, referrals, and some fatali es. The randomized list was important as in- spectors found that some of these sites had not been The local emphasis program on grain handling facili- inspected in years or even ever. es is entering its fourth year, so we thought it would be a good idea to look at its impact on the industry. Defi nite trends were noted, especially in which OSHA has four tools to address safety and health in hazards were cited. When we look at the viola ons the workplace: inspec ons, outreach, whistleblower cited over the course of the LEP, Region V’s inspec- protec ons and safety and health sta s cs. All four on results align almost exactly with Wisconsin’s. The have contributed to what we feel is the success of two most cited hazards were machine guarding and the LEP. 1910.272, Grain Handling Facili es. When we extract one year of informa on for all of Region V, October The emphasis on grain handling facili es began in 1, 2012 to August 23, 2013, there is more variety in 2010 when David Michaels, PhD, MPH, Assistant what inspectors found. Viola ons included, among Secretary of Labor for OSHA, sent le ers to every other topics, 1910.272, fall hazards, electrical hazards establishment in the industry, reminding them of and cau on signs. their obliga ons under OSHA’s requirements. He was concerned because the number of grain entrapments na onwide had been increasing year a er year, and culminated in a July 2010 tragedy in Mt. Carroll, Il- linois. Two teenagers were suff ocated while working in a corn bin and a third was trapped up to his neck for six hours before he was rescued. Na onally, there were a total of 57 entrapments that year, 31 fatal and 26 nonfatal incidents. OSHA made a commitment to address the hazards that caused these incidents and the LEP was born. As fi ve of the Corn Belt states are in Region V¹, the region was a natural fi t for an em- phasis program on the grain handling industry. Since June of 2011 when the LEP inspec ons began, Region V has conducted almost 500 inspec ons in Il- linois, Ohio and Wisconsin. Wisconsin has conducted just over 100 inspec ons. The vast majority were ini ated from a programmed list, which is a lis ng of grain handling establishments in each area offi ce

(Con nued on Page 15)

14 (Con nued from Page 14)

Over the course of the LEP, the average penalty for these viola ons was $3,538 (Wisconsin) and $3,000 (all of Region V.) Classifi ca ons of the viola ons was “serious” more than half of the me in Wisconsin, but 71% of the me for Region V. A serious viola- on indicates that the viola on could have caused a serious injury to an employee; penal es are assessed for each one. There were a signifi cant number of viola ons classifi ed as “other” for both Wisconsin and Region V. “Other” viola ons are not associated with poten al injuries, but OSHA does require that they be corrected; penal es are not o en assessed for them. The high number of “other” viola ons is probably due to employers not having their programs Of course the strength of grain handling facility safety in place exactly as OSHA wants. These can some mes and health eff orts are not measured solely by the be considered paperwork viola ons. Most interest- number of annual entrapments. There are other ingly, the number of repeat and willful viola ons was hazards at these facili es besides fl owing grain. An- really low. This may be due to the limited number of ecdotal evidence, also known as feedback from OSHA follow-up inspec ons, which is where these viola- compliance staff , indicates that lots of good things ons are typically noted, and the large number of are being found when inspec ng these facili es. Well inspec ons conducted at establishments that had thought out safety and health programs and innova- never been visited by OSHA. ons for entry when using sweep augers are now common fi ndings. Here are some of the common Grain hazards documented by Wisconsin OSHA com- pliance offi cers during the LEP inspec ons.

Has the LEP been eff ec ve? We have good news and not so good news to report. Regionally, the number of grain handling facility fatali es has decreased dra- ma cally since the start of the LEP. A er experiencing at least 18 fatali es annually from 2006 to 2010, the Regional total dropped to just one in 2011, and no fa- tali es occurred in 2012. So, what is the not so good news? Na onally, a er decreases in entrapments in 2011 and 2012, there has been a signifi cant increase to 33 entrapments (13 fatali es) in 2013. In Region V, there were two grain handling fatali es in 2013, and one of these was in Wisconsin.

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(Con nued on Page _____) Wisconsin Agri-Business News Quarterly - Vol. 3 Issue 3 15 (Con nued from Page 15)

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16 (Con nued from Page 16)

OSHA feels that the LEP has had a posi ve impact on At this me the LEP for 2014 is being evaluated and the safety and health condi ons of the industry. Does decisions made about the program con nuing into this mean the LEP is going away? That is doub ul, 2015. We fully expect that it will. There may be especially since Wisconsin experienced the two en- changes in the direc ve from the standpoint of what trapments last year, and the numbers na onally are OSHA inspectors look for; however the core topics of increasing. The Wisconsin area offi ces are delighted interest will remain. Inspec ons will focus on the six with their alliance with the Wisconsin Agri-Business major hazard areas of engulfment, falls, auger entan- Associa on and feel that we have had a strong work- glement, struck by, combus ble dust explosions and ing rela onship with Tom Bressner, Jim Nolte, Joan electrocu on. Par al inspec ons will be expanded if Viney and Denise Poindexter almost since the day we other serious hazards are observed. signed the agreement. ¹Region V consists of Illinois, Indiana, Michigan, Min- The OSHA compliance assistance specialists (also nesota, Ohio and Wisconsin. Federal OSHA has juris- known as the non-enforcement OSHA staff ) in each dic on over Illinois, Ohio and Wisconsin and these area offi ce have been conduc ng all sorts of outreach states were part of the local emphasis program. on the LEP since before the inspec ons began. We and Indiana are Corn Belt states, but their have branched out into outreach for family farms and state plan programs have jurisdic on over them. young people and work with the emergency response They were not part of the Region V LEP. community in Wisconsin. Our Whistleblower Inves- gator, who inves gates alleged viola ons of work- ers’ OSHA rights, says that his department does not track whistleblower complaints by industry; however, anecdotally, he recalls worker complaints from this industry. Take his recollec on for what it is worth, but an increase in employee awareness of their rights is a posi ve outcome of an LEP.

Wisconsin Agri-Business News Quarterly - Vol. 3 Issue 3 17 United States Department of Agriculture Na onal Agricultural Sta s cs Service

August Crop Produc on All crop forecasts in this report are based on August Wisconsin corn produc on is forecast at 491 million 1 condi ons and do not refl ect weather eff ects since bushels according to the USDA Na onal Agricultural that me. The next produc on forecasts, based on Sta s cs Service Crop Produc on report. Based condi ons as of September 1, will be released on on condi ons as of August 1, yields are expected September 11. to average 156 bushels per acre, an increase of 10 bushels per acre from last year. Corn planted acreage United states corn produc on is forecast at 14.0 bil- is es mated at 4.20 million acres. An es mated 3.15 lion bushels, up 1 percent from 2013. Based on con- million of the acres planted will be harvested for di ons as of August 1, yields are expected to average grain, a 3 percent increase from 2013. 167.4 bushels per acre, up 8.6 bushels from 2013. If realized, this will be the highest yield and produc- Soybean produc on is forecast at 76.5 million bush- on on record for the United States. Area harvested els, a 30 percent increase from the previous year. for grain is forecast at 83.8 million acres, unchanged The August 1 forecast yield is 43 bushels per acre, from the June forecast but down 4 percent from up 5.0 bushels from 2013. Soybean planted acreage 2013. is es mated at 1.80 million acres with 1.78 million acres to be harvested. Na onally, soybean produc on is forecast at a record 3.82 billion bushels, up 16 percent from last year. Winter wheat produc on is forecast at 17.2 million Based on August 1 condi ons, yields are expected to bushels, up 12 percent from 2013. Yields are expect- average a record high 45.4 bushels per acre, up 2.1 ed to average 66 bushels per acre, down 1 bushel bushels from last year. Area for harvest in the United from July but up 8 bushels from last year. States is forecast at a record 84.1 million acres, un- changed from June but up 11 percent from last year. Oat produc on is forecast at 8.82 million bushels. The expected yield is 63 bushels per acre, down 2 Winter wheat produc on for the U.S. is forecast at bushels from 2013. 1.40 billion bushels, up 2 percent from the July 1 forecast but down 9 percent from 2013. Based on Wisconsin hay yield for alfalfa and alfalfa mixtures August 1 condi ons, the United States yield is fore- is expected to be 3.60 tons per acre with a total cast at 43.1 bushels per acre, up 0.9 bushel from last produc on of 4.14 million tons, an increase of 45 month but down 4.3 bushels from last year. The area percent from the previous year. The projected yield expected to be harvested for grain or seed totals 32.4 for other hay is 1.70 tons per acre, with produc on million acres, unchanged from last month but up es mated at 765,000 tons, a decrease of 15 percent slightly from last year. from 2013. (Con nued on Page 19)

18 (Con nued from Page 18)

Area Harvested, Yield, and Production Summary, Wisconsin and United States, 2013 and Forecasted August 1, 2014 ForHarvest Yieldperacre Production Crop 2013 2014 2013 2014 2013 2014  1,000acres  1,000 WISCONSIN       Corn(Bu) 3,050 3,150 146.0 156.0 445,300 491,400 DryEdibleBeans1 5.4 7.6 1,810 2,020 98 154 Hay,Alfalfa(Ton) 1,100 1,150 2.60 3.60 2,860 4,140 Hay,Other(Ton) 500 450 1.80 1.70 900 765 Oats(Bu) 105 140 65.0 63.0 6,825 8,820 Soybeans(Bu) 1,550 1,780 38.0 43.0 58,900 76,540 Wheat,Winter(Bu) 265 260 58.0 66.0 15,370 17,160 UNITEDSTATES       Corn(Bu) 87,668 83,839 158.8 167.4 13,925,147 14,031,915 DryEdibleBeans1 1,311.3 1,609.9 1,867 1,784 24,486 28,714 Hay,Alfalfa(Ton) 17,763 18,190 3.24 3.50 57,581 63,634 Hay,Other(Ton) 40,494 39,456 1.94 1.96 78,365 77,197 Oats(Bu) 1,030 1,153 64.0 67.0 65,879 77,267 Soybeans(Bu) 75,869 84,058 43.3 45.4 3,288,833 3,815,679 Wheat,Winter(Bu) 32,402 32,419 47.4 43.1 1,534,253 1,396,742 1Yieldinlb;productionincwt.

U.S. Corn Supply and Use

2013Ͳ2014 2014Ͳ20151 CORN 2012Ͳ2013 (Est.) Projections

 millionbushels BeginningStocks 989 821 1,181 Production 10,780 13,925 14,032 Imports 160 35 30 Supply,total 11,929 14,781 15,243 Feed&Residual 4,325 5,175 5,250 Food,Seed&Industrial 6,053 6,505 6,460 Domestic,total 10,378 11,680 11,710 Exports 730 1,920 1,725 Use,total 11,108 13,600 13,435 EndingStocks,total 821 1,181 1,808 Avg.farmprice($/bu) 6.89 4.40Ͳ4.50 3.55Ͳ4.25 1Preliminary

U.S. Soybean Supply and Use

2013Ͳ2014 2014Ͳ20151 SOYBEANS 2012Ͳ2013 (Est.) Projections

 millionbushels BeginningStocks 169 141 140 Production 3,034 3,289 3,816 Imports 41 80 15 Supply,total 3,243 3,509 3,971 Crushings 1,689 1,725 1,755 Exports 1,317 1,640 1,675 Seed 89 99 92 Residual 8 Ͳ94 19 Use,total 3,103 3,369 3,541 Endingstocks 141 140 430 Avg.farmprice($/bu) 14.40 13.00 9.35Ͳ11.35 1Preliminary

Wisconsin Agri-Business News Quarterly - Vol. 3 Issue 3 19 Studies on Water Toxin Focus on Farms

From Fox News That’s mainly because half the phosphorus in the lake comes down the Scien sts and farmers Maumee River, which agree that phospho- drains 3 million acres rus from agriculture of farmland before runoff is feeding the fl owing through To- blue-green algae ledo and into the lake blooms on Lake Erie - not far from where linked to a toxin found last week’s algae in the drinking water bloom overwhelmed of 400,000 people in Toledo’s water intake. Ohio and southeastern Michigan last week. THE UNKNOWNS Ohio’s poli cal leaders are calling for more While it’s now widely studies to fi nd out accepted that much why the blooms are of the phosphorus is increasing and how to control them. A number of en- coming from farmland, what’s much more diffi cult to vironmental groups say it’s me for strict regula ons pin down is exactly where and why. on the agriculture industry. There’s an assump on that farmers are simply over- But how much of a role do the farms play? Research- fer lizing their fi elds. Soil tests have shown that ers already know some of the answers, yet there are about 30 percent of fi elds have more phosphorus s ll many unknowns. than they need. Cu ng down on fer lizing that land would help with the problem. THE SOURCES But industry sales fi gures also show that farmers are The debate over the algae blooms that produce the using much less fer lizer because of advanced tech- toxins found in Toledo’s water starts with what is nology that allows them to apply it just where it’s causing them. needed. The amount of phosphorus fer lizer sold in Ohio in 2011 was less than half that sold in the mid- Scien sts say climate change has brought on more 1990s. heavy spring rains that are washing fer lizers off farm fi elds and lawns and causing sewer overfl ows in cit- Another assump on is that the main source of phos- ies. All of those combine to dump more phosphorus phorus is the manure produced by large livestock in the rivers and streams that fl ow into the lake. opera ons and megadairies, which have increased drama cally over the past two decades along with At the same me, scien sts believe invasive zebra the algae blooms. mussels in Lake Erie have disrupted the food chain so much that it has helped the algae fl ourish. But there’s not enough monitoring right now to know if those megafarms are the culprit, researchers say. Then there is the ques on of where all the phos- “Without soil tests it’s totally impossible to deter- phorus is coming from. It’s found in farm fer lizers, mine,” said Jeff Reu er, head of the Ohio Sea Grant livestock manure and raw sewage. research lab. The Ohio Phosphorus Task Force - a group in Ohio Less than 20 percent of all the agriculture-related represen ng the agriculture industry, environmental phosphorus in western Lake Erie comes from live- researchers and state regulators - concluded nearly stock manure while 80 percent is from commercial two years ago that agriculture was the leading source fer lizer, according to the U.S. Department of Agricul- of the phosphorus. Some researchers say it’s as much ture’s Natural Resource Conserva on Service. as two-thirds from agriculture. (Con nued on Page 21)

20 (Con nued from Page 20) pellets on the fi elds and plan ng cover crops such as What isn’t known is how many of those livestock legumes to help soil absorb the phosphorus. farms are contribu ng to the phosphorus problem by spreading manure onto frozen and snow-covered One other area being closely looked at is whether a fi elds in the winter, allowing the phosphorus to wash move in the 1980s to reduce soil erosion by encour- away and end up in the lake. aging farmers not to heavily plow their fi elds has contributed to fer lizer runoff . The USDA recommends against pu ng manure on frozen ground. “The extent of how o en that hap- While researchers say these are all good ideas, it’s pens is a great unknown,” said Steve Davis, a water- not clear how eff ec ve they will be. shed specialist in Ohio with the Natural Resource Conserva on Service. “It’s certainly one of the fi rst “That’s where the ques ons s ll remain. What’s go- things that should stop.” ing to work?” said Laura Johnston, a research scien- st at the Na onal Center for Water Quality Research THE SOLUTIONS at Heidelberg University in Ohio. The only way to reduce phosphorus in the lake is to control runoff from all sources - farms, sewage systems and leaking sep c tanks. Agriculture leaders within Ohio say they are commi ed to doing that and much research is underway to see what works best. The farm industry is heavily promo ng the idea of us- ing the right amount of fer lizer at the right me and place. Ohio’s biggest and most infl uen al agriculture groups also are pu ng money into research on how to keep phosphorus on the fi elds. Among the prac ces they are looking at are injec ng fer lizer into the ground rather than spreading it in

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Commi ee for fi nal approval. Recipients of all WABA The Wisconsin Agri-Business Associa on believes in scholarships are recognized at the Wisconsin Crop the future of Wisconsin agriculture and its unlim- Management Conference at the Alliant Energy Center ited poten al. One major reason for this is because in Madison in January. of the outstanding young people we have entering our industry. To show support to our youth and our In addi on, four $1,000 scholarships are given to FFA future, WABA is very proud to invest $19,000 in col- students through WABA dona ons to the Wisconsin lege scholarships this year. Scholarship dona ons will FFA Founda on. Recipient selec ons are made by FFA be given to worthy agriculture student at each of the staff and representa ves of those businesses provid- following colleges: ing the scholarships. WABA fi lls one spot on that selec on commi ee that helps to choose all of the UW-Madison $2,500, UW-Pla eville $2,500, UW-Riv- scholarship recipients. WABA scholarship recipients er Falls $2,500, UW-Stevens Point $2,500, Chippewa through the Wisconsin FFA Founda on are also recog- Valley Technical College $1,000, Fox Valley Techni- nized at the Wisconsin Crop Management Conference cal College $1,000, Northcentral Technical College at the Alliant Energy Center in Madison in January. $1,000, Southwest WI Technical College $1,000, and Western WI Technical College $1,000. The selec on Funds for the WABA Scholarship Program are raised process for these recipients is conducted within each in various ways including: three golf ou ngs, a trap of the schools, by designated staff that know the shoot, a bowling tournament, and a silent auc on. student’s worthiness and need. Some of the schools Each year, the WABA membership is very eager to may decide to present the en re amount in the form support the scholarship program. So the total WABA of one scholarship. Others may decide to divide it scholarship off ering for 2014-15 is $19,000. We are into two or more scholarships. Their top candidate’s very excited about the future of Wisconsin Agricul- resumes are submi ed to the WABA Scholarship ture, and we are proud to invest in our future through this outstanding scholarship program. Staying relevant in today’s marketplace means working with a cooperative whose business is being relevant.

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©2014 CHS Inc. “INVEST AN ACRE” for your Local Food Bank Grain Elevators: We Need Your Help

By Tom Bressner Wisconsin Agri-Business Associa on

For several months now, food banks in Wisconsin have been meet- ing with farm groups all across the state promo ng their “Invest an Acre” program. It is their goal to get as many farmers from around the state to make dona ons to their local food banks by inves ng a small por- on – anywhere from a few bushels up to an acre or more – of their crop sales. What we need now is for grain elevators across the state to par cipate in the program by accep ng crops donated by farmers, and forwarding on the proceeds from those crops to Feeding America. As we all know, American farmers are the root of our na on. They are the most produc ve and effi cient in the world. However, food insecurity is s ll an everyday reality for many people in this country. In fact, one in six Americans struggle with hunger on a daily basis. That is almost 49 million people, with 16 million of them being children. Rural America is no excep on as nearly 15 percent of rural households are food insecure. Nearly 170,000 of our friends and neighbors in rural Wisconsin struggle with this prob- lem. One-hundred percent of the grain proceeds will go to benefi t local food banks, or one of their qualifi ed agencies/programs. And to make the program even more eff ec ve, for every dollar a farmer donates to the program, Monsanto will match the dona on with another dollar of their own. As a result, on average, every bushel of corn donated can help secure up to 18 meals, and every bushel of soybeans donated can help secure up to 40 meals. Grain Elevators - please consider helping with this program. When a farmer tells you he is par cipat- ing in the Invest an Acre Program and gives you his dona on form, you can help out by accep ng his donated grain and forwarding the proceeds on to Feeding America. For more informa on and ques- ons concerning the Invest an Acre Program, feel free to contact Keith Michalski at 866-273-8626 or [email protected].

24 Fast Facts About Agriculture

By The American Farm Bureau Federa on • 2.2 million farms dot America’s rural landscape. • One in three U.S. farm acres is planted for export. About 97 percent of U.S. farms are operated by • 31 percent of U.S. gross farm income comes di- families – individuals, family partnerships or fam- rectly from exports. ily corpora ons • About 23 percent of raw U.S. farm products are • Farm and ranch families comprise just 2 percent exported each year. of the U.S. popula on. • Farmers and ranchers receive only 16 cents out • More than 21 million American workers (15 per- of every dollar spent on food at home and away cent of the total U.S. workforce) produce, process from home. The rest goes for costs beyond the and sell the na on’s food and fi ber. farm gate: wages and materials for produc on, • Today’s farmers produce 262 percent more food processing, marke ng, transporta on and distri- with 2 percent fewer inputs (labor, seeds, feed, bu on. In 1980, farmers and ranchers received 31 fer lizer, etc.), compared with 1950. cents. • In 2010, $115 billion worth of American agricul- • Americans enjoy a food supply that abundant, tural products were exported around the world. aff ordable overall and among the world’s safest, The United States sells more food and fi ber to thanks in large part to the effi ciency and produc- world markets than we import, crea ng a posi ve vity of America’s farm and ranch families. agricultural trade balance. A Dozen Reasons Why Agribusiness Companies Seek Federal Trademark Registrations

By: David Crass Tim Engling 3. Only federal registra on permits use of the Jeff Peterson circled “R” symbol, ®, adding a professional appearance and showing that a mark is impor- tant enough to protect, enhancing your brand. Agribusiness has many common threads through- Without federal registra on, only “TM” may be out a diverse group of interests -- crop producers, used, which is merely an asser on that the user livestock and meat producers, dairy farmers, poultry believes it has trademark rights. companies, mber producers, tobacco growers, food 4. Construc ve no ce, whereby the public is manufacturers and related suppliers and service deemed no fi ed and aware that the trademark providers. For all, a good reputa on and quality are is in use, begins the date the mark is federally key components that they all aspire to. Well-regarded registered. Construc ve no ce may hinder par es goods and services may relate to agrichemicals, from challenging your registered mark by limi ng breeding, feeding, farming, distribu on, machinery, excuses. processing, biofuels, seed supply and many other 5. With actual knowledge, compe tors may avoid areas. adop ng confl ic ng marks. When adop ng their own marks, compe tors should search federal A trademark is that word, name, phrase, symbol, records or internet search engines to avoid select- logo or design that sets your goods or services apart ing confusingly similar marks or otherwise would and dis nguishes you from all the rest. The “loud adopt a new mark at their peril with inferior and proud” protec on of goodwill being built in your rights. mark serves many valuable purposes. 6. A registra on will block registra on of confus- ingly similar marks. The Trademark Offi ce should Trademarks are a way of a rac ng customers and reject confusingly similar marks from later regis- building consumer goodwill, wherein your custom- tra on, protec ng your image. ers will iden fy quality goods and services to provide 7. Federal law allows for incontestability – the repeat business. Registering a trademark helps pre- highest status of trademark protec on. A er fi ve vent others from using confusingly similar marks to years of registra on with proper condi ons, no cash in on your hard-earned, strong reputa on and one can assert prior use, nor can the registra on customer loyalty, to minimize improperly taking away be challenged on numerous other grounds. sales. From guarding goodwill built in your products 8. Registra on permits jurisdic on in U.S. federal or services to being collateral for a loan, registered court, where a judge may grant injunc ons, trademarks can provide las ng strength for your award damages for infringement and – in some agribusiness company that provides either products cases – recovery of legal fees and defendant’s or services. profi ts. 9. A federal registra on is presumed valid in legal The trademark process and ul mate registra on have proceedings with other eviden ary benefi ts. It numerous important benefi ts: provides evidence of ownership and the owner’s exclusive right to use the mark on registered 1. A registra on is an asset that delineates the goods and services. It helps prevail in trademark rights in a trademark by recording and securing disputes. exclusive rights to the registrant. A federal reg- 10. Beyond federal court, a registra on recorded with istra on can be licensed or sold as property, and U.S. Customs may protect you by preven ng the assignments, liens, and security interests can be importa on of infringing or counterfeit goods. federally recorded. Customs can seize counterfeit goods, impose 2. The registra on process reduces risk for use- fi nes and detain imported goods that infringe. based or intent-to-use applica ons in two stages: 11. A federal trademark registra on can also serve as fi rst with USPTO examina on at about four a basis for obtaining priority and registra ons in months a er fi ling and second a er allowance foreign countries. with publica on for public opposi on. There is less risk in using a registered mark than one with untested and limited common law rights. (Con nued on Page 27)

26 (Con nued from Page 26)

12. Finally, the cost is reasonable for these ben- efi ts. Typically, the cost for preparing and fi ling a federal trademark applica on in one class is about $1200, and trouble-free prosecu on through registra on is about half that amount. The value of registering a worthy trademark usually exceeds the cost. Obtaining trademark protec on can be more robust in agribusiness. All aspects of produc on, service, distribu on and sales have products and services that you may want to diff eren ate from others. Protec ng the goodwill built in such goods and services will help with recogni on of quality and result in con nuing business. A trademark registra on will prevent others from trading off the goodwill built in your name and reputa on, but more importantly dis nguish your hard work to become a success. For example, certain commodi zed products may be indis nguishable without further eff ort. Such products can be eff ec vely diff eren ated from simi- lar products through brand associa on enhanced with trademark registra ons. The associa on of quality and trust with a par cular brand is valuable. Think of all the enduring brands that are well-rec- ognized in agribusiness! Federal trademark registra ons add value to all agribusiness companies that provide either prod- ucts or services. Proper care of trademark resourc- es can help ensure the long-term sustainability of your business. Thus, all agribusiness companies should register their trademarks to secure these durable and valuable benefi ts. For more informa on on how to select, protect, reg- ister or enforce your trademarks, contact the author MAYVILLE LIMESTONE, INC. Tim Engling of Michael Best at tjengling@michael- PO Box 25 Mayville, WI 53050-0025 best.com or 312-596-5839 or my colleague Jeff Peter- (920) 387-5700 (800) 236-4512 son at [email protected] in Madison. FAX (920) 387-5723 TJE © 2014

(Bagged Products) (Bulk Products) Coarse Barnlime 60-69 Aglime Feeding Lime 80-89 Aglime Garden/Lawn Lime 90-99 Aglime Limestone Products for Agriculture

Wisconsin Agri-Business News Quarterly - Vol. 3 Issue 3 27

Safety Day 2014 Recap

By Jim Nolte, been undertaken which has now led to OSHA’s new WABA Safety Director policy regarding sweep auger use. The 10 steps or principles that employer’s now need to follow which would allow an employee to be inside the bin with an Safety Day 2014 saw several chang- opera ng sweep auger were covered in detail. es. First, Safety Day was not a part of the WABA conven on; it was Next, David Fairfi eld, Vice President of Feed Services THE main event. Second, Safety for NGFA spoke on the status of the Food Safety Day was held in June rather than Moderniza on Act (FSMA). The presenta on provid- February meaning par cipants did not have to brave ed par cipants with a history and update on the sta- the cold, snow or ice covered roads or the threat of tus of FSMA and the poten al impact it may have on a blizzard (remember Safety Day 2010?). Third, even companies, customers and the industry as a whole. though Safety Day was s ll held in the Dells, this year’s event was held Kelly Bubolz, Compliance Assistance Special- at the Wilderness Territory Confer- ist from the Appleton OSHA offi ce discussed ence Center instead of the Kalahari. OSHA’s new Fall Protec on Emphasis Program. I am pleased to say that Safety Day Compliance Offi cers will now be taking a closer 2014 was another success. For those look at stairs, working pla orms, handrails, of you who were unable to a end, wall and fl oor holes and openings as well as please consider a ending next years’ portable and fi xed ladders. Most, if not all of event. Many of the a endees passed these items are found at all grain, feed, seed along favorable comments throughout and agronomy facili es and will be looked at the day and found the presenta ons during all Grain Emphasis inspec ons OSHA informa ve and the speakers enter- conducts. Kelly showed various examples of taining. items that did not comply with OSHA stan- dards and examples that were in compliance. The day started off with a presenta- on from Pat Ostrenga, a re red Barbara Hernandez, President of OSHA employee and Chuck Palmer, a BCH OnPoint provided the a endees partner in the Milwaukee offi ce of Mi- with insight and strategies on how to chael Best & Friedrich LLP on how to develop a Crisis Management Plan handle an OSHA inspec on. This was for organiza ons. Her presenta on a unique presenta on as both Pat and Chuck addressed key persons in the orga- performed a “Mock” OSHA inspec on at a niza on that need to be on the crisis grain and feed facility prior to Safety Day and management team and issues to pointed out specifi c hazards OSHA is look- address when developing your plan. ing for during their Grain Inspec ons. The Eff ec ve methods and strategies were presenta on was done as a role play with also discussed on how to handle and Pat being the OSHA Inspector and Chuck engage the media when a nega ve playing the role of the employer. Numer- news event occurs to ensure a posi- ous ps, sugges ons and recommenda ons ve outcome. were played out for the audience to help them be er understand their rights dur- Lastly, Patrick Harel, Regional Sales ing an inspec on and how to eff ec vely manage the Manager for Capital Safety discussed the ABCD’s of inspec on process. fall protec on with the group. Discussion ensued on such issues as anchor points, body gear, connectors Jim Nolte presented OSHA’s new sweep auger en- and descent/rescue equipment and how these sys- forcement policy to the group. The history of OSHA’s tems work together. He also eff ec vely demonstrat- involvement with sweep augers and their policy that ed how people cannot react quickly enough when a no one was allowed inside a bin with an opera ng fall occurs and stressed the importance of selec ng sweep auger was covered as well as eff orts that have (Con nued on Page 30)

Wisconsin Agri-Business News Quarterly - Vol. 3 Issue 3 29 (Con nued from Page 29) and purchasing equipment that properly fi ts each individual. A er the presenta on Patrick performed some equipment demonstra ons from his truck to illustrate the forces that are exerted on a person’s body when a fall occurs and how the use of select equipment can signifi cantly reduce these forces. The demonstra on was a hit with all par cipants. As you can see, there was a lot of great informa on presented throughout the day. Safety Day is also an excellent opportunity for par cipants to network with one another to share safety concerns and is- sues they face on a daily basis and ge ng ideas and sugges ons from others who have had success in dealing with similar issues. Thank you to those who a ended Safety Day. Without your support it would be impossible to con nue off ering these important and valuable educa onal sessions. If you weren’t able to a end Safety Day this year, please watch for announcements in the future for Safety Day 2015 and give serious considera on on a ending. We would love to see you there.

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34 Report from Wisconsin Pest Bulletin

Krista Hamilton, DATCP Entomologist treatments of green vines with a late blight-specifi c CORN ROOTWORM - The statewide beetle survey fungicide on a fi ve- to seven-day schedule should was completed earlier this week. Review of the data be maintained. Potato tubers remain suscep ble to indicates that counts are generally lower than last infec on even when very li le foliage is present. year across much of Wisconsin, with the excep on of the southwest and west-central districts. The 2014 WESTERN BEAN CUTWORM - The annual survey doc- state average of 0.4 beetle per plant represents a umented the lowest moth count in the last decade. slight decline from 0.5 per plant in 2013. Results of The state cumula ve count was 502 moths in 103 the survey are summarized in the CORN sec on. traps, or an average of fi ve per trap. This compares to 663 moths in 2013 (fi ve per trap) and a survey record EUROPEAN CORN BORER - Egg deposi on is expected of 10,807 moths in 2010 (79 per trap). Predictably, to con nue for another two weeks. The treatment larval infesta ons in corn have also been scarce this window for second genera on larvae has closed season. near Beloit, Madison, La Crosse and Sullivan, and remains open only a few more days in the southeast FALL PESTS - The fall invasion of Wisconsin’s resident and central districts. Final inspec ons for egg masses nuisance pest insects can be expected next month. and small larvae should be conducted before 2,100 Boxelder bugs, mul colored Asian lady beetles, west- degree days (modifi ed base 50°F) are reached. ern conifer seedbugs and, poten ally, brown marmo- rated s nk bugs are likely to aggregate on the sides of SOYBEAN APHID - Densi es have increased to eco- homes and buildings in September and early October nomic levels in some fi elds this month. According to as they migrate indoors for the winter. Mechanical surveys conducted from August 21-27, approximately exclusion by sealing cracks around windows, doors, 20% of soybean sites sampled in Calumet, Dane, siding and other openings is advised to prevent these Dodge, Green, Fond du Lac, Lafaye e, Manitowoc, insects from entering residences. Exterior applica- Richland and Sauk coun es contained above-thresh- ons of insec cides may off er temporary control of old popula ons of 250-770 aphids per plant. The infesta ons when completely sealing the exterior is average was 132 aphids per plant. Many fi elds are diffi cult or impossible. Applica ons should consist approaching R5.5-R6, the growth stages at which no of a synthe c pyrethroid applied by a licensed pest yield benefi t is gained by insec cide treatment. Late- control operator by early October, prior to insect ag- season control is probably uneconomical for most grega on. Under no circumstance should chemical soybeans at this point. insec cides be used indoors. CORN EARWORM - The fi rst signifi cant migra on of 2014 was noted from August 21-27 in Dane, Dodge, Green Lake and Fond du Lac coun es where 2,748 moths were registered in six pheromone traps. The weekly high count was 878 moths per trap near Mayville in Dodge County. This late- season fl ight ensures that the risk of egg laying and damage to sweet corn will persist well into September. LATE BLIGHT - Con nued develop- ment on tomato and potato has been reported, including two new cases of the disease on potato in Adams and Waushara coun es. Protec ve

Wisconsin Agri-Business News Quarterly - Vol. 3 Issue 3 35 WABA Motorcycle Tour

This year’s ride was dedicated to Dennis Nicolai, a long me motorcycle enthusiast, and original charter mem- ber of the motorcycle commi ee. The tour le the Dells and took back roads to Sparta where they had a tour to learn about the Wisconsin sand mining industry. They le Sparta and rode through the Bangor cemetery honking their horns to let Dennis know that they haven’t forgot how much fun they had with him on past rides. They then arrived at the West Salem Answer Plot, where they buried a stone maker with an inscrip on from the Agricultural industry in his memory at the entrance of the plot. From there they rode through West Salem honking their horns at the offi ce where he worked and took back roads to the river crossing at Lansing, Iowa. Then on to McGregor, IA for those that stayed overnight. It was a memorable ride...

36 WABA Grain Grading School

Mike Wang of the Milwaukee Inspec on Service is our course instructor. The classes include in-depth train- ing on grading both corn and soybeans. It is designed to provide each a endee with individual a en on and hands on grain grading experience.

Wisconsin Agri-Business News Quarterly - Vol. 3 Issue 3 37 Trap Shooting at Heart of Wisconsin Gun Club, Wisconsin Rapids

Top Gun was Clint Thompson, Ag Systems

38 Golf at Skyline Golf Course, Black River Falls

First Place: Bayer Crop Science Team, Jereme Resech, Tom Gearing, Ron Wyss, John Meyer Second Place: CHS Hedging, Chris Steinhoff , Randy Bina, David Rappa, Randy Olson Third Place: FEI-East, Jackson Rohde, Gery Steinmetz, Todd Readel, Josh Schulner

Wisconsin Agri-Business News Quarterly - Vol. 3 Issue 3 39 Golf at Christmas Mountain, Wisconsin Dells

First Place: Allen Supply Company, Jason Allen, Ryan Syse, Al Zirk Bob Klink Second Place: CHS, Brian Rudlund, LeRoy Peterson, Steve LaChey, Dave Rappa Third Place: Rosens Team 2, Tom Ballinger, Steve Leahy, Kurt Hintz

(Con nued on Page 41)

40 (Con nued from Page 40)

Wisconsin Agri-Business News Quarterly - Vol. 3 Issue 3 41 Golf at The Oaks, Cottage Grove

First Place: The Andersons; Sco Smith, Sco Steinke, Jeff Masephol, Mike Wilson Note: Not all players are pictured here Second Place: Duff y Grain; Pat Duff y, Craig Oelke, Erik due to download diffi cul es, our Huschi apologies Third Place: St. Nazianz Milling; Tom Lefeber, Kathy Lefeber, Dan Hale, Kurt Kress

42 Wisconsin Agri-Business News Quarterly - Vol. 3 Issue 3 43 Thank you to our 2014 Golf Sponsors

Premier Sponsors: Gold Sponsors: Gi Sponsors: Ag Systems, Inc. Allied Coopera ve Buck Country Grain Agrium US, Inc. Rosen’s Inc. M3 Insurance BASF Corpora on CHS Silver Sponsors: FEI-East The Andersons AgVentures LLC WinField Koch Ag & Energy Solu ons Mayville Limestone, Inc. Volm Companies White Commercial Corp.

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By Cornell University

Due to global warming, scien sts say, the chances In computer models, while California, Arizona and of the southwestern United States experiencing a New Mexico will likely face drought, the researchers decade long drought is at least 50 percent, and the show the chances for drought in parts of Washington, chances of a “megadrought” – one that lasts over 30 Montana and Idaho may decrease. years – ranges from 20 to 50 percent over the next Beyond the United States, century. southern Africa, Australia and the Amazon basin are The study by Cornell Univer- also vulnerable to the pos- sity, University of Arizona sibility of a megadrought. and U.S. Geological Survey With increases in tempera- researchers will be pub- tures, drought severity will lished in a forthcoming is- likely worsen, “implying sue of the American Meteo- that our results should be rological Society’s Journal of viewed as conserva ve,” Climate. the study reports. “For the southwestern “These results help us take U.S., I’m not op mis c the long view of future about avoiding real mega- drought risk in the South- droughts,” said Toby Ault, west – and the picture is Cornell assistant professor of earth and atmospheric not pre y. We hope this opens up new discussions sciences and lead author of the paper. “As we add about how to best use and conserve the precious greenhouse gases into the atmosphere – and we water that we have,” said Julia Cole, UA professor of haven’t put the brakes on stopping this – we are geosciences and of atmospheric sciences. weigh ng the dice for megadrought condi ons.” The study, “Assessing the Risk of Persistent Drought As of mid-August, most of California sits in a D4 “ex- Using Climate Model Simula ons and Paleoclimate cep onal drought,” which is in the most severe cat- Data,” was also co-authored by Julia E. Cole, David egory. Oregon, Arizona, New Mexico, Oklahoma and M. Meko and Jonathan T. Overpeck of University of Texas also loiter between moderate and excep onal Arizona; and Gregory T. Pederson of the U.S. Geologi- drought. Ault says climatologists don’t know whether cal Survey. the severe western and southwestern drought will con nue, but he said, “With ongoing climate change, The Na onal Science Founda on, Na onal Center this is a glimpse of things to come. It’s a preview of for Atmospheric Research, the U.S. Geological Survey our future.” and the Na onal Oceanic and Atmospheric Adminis- tra on funded the research. Ault said that the West and Southwest must look for mi ga on strategies to cope with looming long- drought scenarios. “This will be worse than anything seen during the last 2,000 years and would pose unprecedented challenges to water resources in the region,” he said.

46 ®

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See your local dealer. Grower price may vary. Roundup Rewards® applies to Roundup® branded and other agricultural herbicides specified by Monsanto. Program details referenced in this WI Agri-Business Newspublication Quarterly are subject - Volume to change and 9. should Issue be verified 1. Summer by visiting RoundupRewards.com2012 or checking with your local Monsanto dealer. Page 23 ALWAYS READ AND FOLLOW PESTICIDE LABEL DIRECTIONS. Roundup PowerMAX® and Roundup Rewards® are registered trademarks of Monsanto Technology LLC. ©2010 Monsanto Company. WISCONSIN AGRI-BUSINESS ASSOCIATION

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48 Wisconsin Agri-Business News Quarterly Advertising Rate Sheet WABA - 2801 Interna onal Lane, Suite 105 - Madison, WI 53704 - (608) 223-1111

Type of Advertisement Number of Quarterly Editions for Ad Placement Submission Deadlines One Two Three Four Submit Block Advertisements Edition Editions Editions Editions Issue by Full 7.5" W x Color $380 $740 $1,100 $1,460 Spring March 1 Page 9.75" HB&W $260 $500 $740 $980 Summer June 1 Half 7.5" W x Color $240 $460 $680 $900 Fall Sept. 1 Page 4.75" HB&W $180 $340 $500 $660 Winter Dec. 1 Quarter 3.5" W x Color $170 $320 $470 $620 Page 4.75" HB&W $140 $260 $380 $500 Article submissions and photos should be emailed Eighth 3.5" W x Color $135 $250 $365 $480 directly to WABA by the dates Page 2" H B&W $120 $220 $320 $420 listed above for Action Ads One Two Three Four consideration.

(listed in magazine & on website) Edition Editions Editions Editions Please send to: Up to 75 words $30 $45 $55 $65 [email protected] 75 to 100 words $40 $55 $65 $75 100 to 200 words $50 $65 $75 $85 Banner Ad (640 pixels x 115 pixels) $100 $150 $195 $240 Please complete the following advertisement placement form and return with your remittance to WABA, 2801 International Lane, Suite 105, Madison, WI 53704. You may also fax the form if paying with a credit card to (608) 223-1147. Advertisements should be sent as attachments to [email protected], if you have questions regarding placement or formatting of advertisements,ments, please call (608) 223-1111.

WABA News Quarterly Advertisement Placement Form ‘ Name ______Company ______Company Address ______

Phone ______Fax ______Email ______

Check Ad Size: Number of Editions: Color or B/W: ______Full Page (7.5”W x 9.75”H) ______One ______Color ______Half Page (7.5”W x 4.75”H) ______Two ______Black & White ______Quarter Page (3.5”W x 4.75”H) ______Three ______Eighth Page (3.5”W x 2”H) ______Four ______Action Ads ______words

Total Remittance: ______Payment Option: I have enclosed a check Please bill my credit card Credit Card Information: Master Card Visa Card Number ______Expiration Date: ______Cardholder Signature ______Action Ads

Grain Dryer For Sale 1996 Superb Model SE750C: 7400 hours, natural gas, 3 phase, 480 volts. Drys 500 bushel per hour, con nuous fl ow with 10 points moisture removal. Everything works great, replaced with a new larger dryer. $20,000 or best off er. Call Brian at 1-800-261-2289. Maribel Grain Co., Maribel, WI. Employment A south central Minnesota grain inspec on company is seeking a detailed and process oriented Agency Manager to join their team. The individual will focus on regulatory procedures, eff ec ve management, supervising skills, targe ng quality assurance, developing and maintain a strong working rela onship with industry professionals, clients and staff . Job DescripƟ on An agency manager oversees the opera onal ac vity of an offi cial inspec on agency. The specifi c role of the agency manager varies - the general ac vi es for this posi on includes: manage the regulatory procedures, mange opera onal labor / revenue cost, staff management, and client rela ons. ResponsibiliƟ es An Agency Manager ensures that the corpora on’s internal controls, policies and procedures adhere to applicable regula- tory guidelines and industry prac ces. An Agency Manager also ensures that employees comply with top management’s recommenda ons and human resourc- es policies when performing du es and making decisions. Rou nely performs internal audits of all business opera ons in an eff ort to ensure that all regula ons and procedures are being followed Required Skills Regulatory knowledge and experience Eff ec ve management and supervising skills Excellent communica on skills (wri en and verbal) EducaƟ onal / Experience Requirements In addi on to substan al professional experience, a prospec ve Agency Manager must possess at least a four-year de- gree within a business-related fi eld of study and/or has two or more years’ experience and working knowledge. CompensaƟ on Compe ve compensa on and benefi t package will be determined by experience, skill and educa on. Contact Email: [email protected] Employment DIRECTOR OF AGRONOMY: Allied Coopera ve has posi oned itself to be the leading agronomy provider in the Midwest. Allied is seeking a Director of Agronomy to oversee the six agronomy loca ons throughout the state of Wisconsin. Represen ng over 60% of our coopera ve’s net income and looking for con nued growth, Allied’s Director of Agronomy will possess a vision for the future of our growers and the ability to manage a diversely populated team over a large geo- graphic area. For details please visit www.allied.coop. Employment Accoun ng Manager / Controller posi on available at a growing, interna onal agriculture company. We are looking for solid candidate with 5-7 years experience. This posi on will oversee all loca ons and accounts of the company. Qualifi ed candidates please send your resume to agbusinessposi [email protected]. Employment Rich Connell AGRI-SEARCH, Inc. is your source for agricultural staffi ng and career opportuni es. We are a job placement fi rm specializing in all facets of the agriculture industry. We recruit, screen, interview, background check, and recom- mend qualifi ed candidates for posi ons within agribusiness. Posi ons range from execu ve management to entry level. We are a client-centered company that has built our business on providing quality services in a professional and con- fi den al manner. You can learn more about Rich Connell AGRI-SEARCH at www.agri-search.com or by calling 217-543- 2505. 

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You’ve only got so much time to make the most of your acres. Fortunately, there’s the new Case IH Patriot® 4440 sprayer. Agronomically designed for optimum weight distribution and a lighter footprint, these sprayers give you earlier access to wet fi elds - and with minimal soil compaction. And with a robust suspension and technologies like the AIM Command® spray system and AutoBoom® height control. You can count on a consistent, accurate application regardless of weather or fi eld conditions. Along with new features including a powerful, more effi cient SCR-only engine, updated styling and improved lighting, the Patriot 4440 sprayer is our most complete sprayer yet. Maximize your yield potential by visiting your Case IH dealer or going to caseih.com/patriot-sprayer.

AG SYSTEMS, INC. 4180 Reardon Road DeForest, WI 53532 1-800-523-2350 www.agsystemsonline.com