Blueberry Growers Hit By Freeze Should Do This Now

A massive winter storm — accentuated by a serious Arctic blast — blanketed much of the country this past weekend. The impact was felt far and wide by millions. Numerous areas in the South, including down into Florida, experienced record-breaking low temperatures, too. How cold was it and how far did it spread? Well, Cuba had its first freeze on record!

Unfortunately, numerous produce growers across the Southeast U.S. were forced to work overtime to protect their crops from the cold. But even with all the cold protection methods deployed, Mother Nature still has a way to humble even the best prepared farmers.

Now that the super frigid air has retreated back north, growers are assessing crop damages. Among those reeling amid the post-freeze punch are blueberry growers. With that, the North American Blueberry Council (NABC) is offering support and advice for affected producers.

According to NABC, here’s what you can do now:

Growers impacted by the ongoing winter storm are urged to take immediate action to protect their eligibility for federal assistance programs and to understand available flexibilities and obligations under the H-2A program.

It is critical that growers:
• Take clear photos and videos of damage as it occurs.
• Contact their crop insurance agent immediately and continue working with them as the storm progresses to quantify losses.
• Contact their local FSA office right away to begin the application process for the Tree Assistance Program and/or Emergency Conservation Program.

Crop Insurance

If you have crop insurance or Noninsured Crop Disaster Assistance Program (NAP) coverage, report losses to your crop insurance agent or local Farm Service Agency (FSA) office within 72 hours of discovering damage and follow up in writing within 15 days.

Key USDA Assistance Programs

• Tree Assistance Program (TAP) – for damaged or destroyed bushes.
• Emergency Conservation Program (ECP) – for land recovery and restoration.

Producers should document all losses (photos, videos, written records) and contact their local USDA Service Center as soon as possible.

H-2A Considerations

Growers participating in the H-2A program should be aware that the regulations (20 CFR § 655.122(o)) allow an employer to be relieved of H-2A obligations when fulfillment becomes impossible due to reasons beyond the employer’s control. Severe weather events are typically evaluated by DOL under this contract impossibility standard.

If DOL determines that a contract impossibility applies, the H-2A contract may be terminated as of the date work became impossible. In these cases, the three-fourths guarantee applies only to the period during which the contract was active.

Employers are still required to either make reasonable efforts to transfer the worker to another certified H-2A employer, or if no transfer is available, cover the cost of return transportation and subsistence to the worker’s home country.

Growers are strongly encouraged to document storm impacts, retain all communications and consult with their H-2A agent or legal counsel as soon as possible to ensure compliance and timely notification to DOL.

What the North American Blueberry Council is Doing

NABC will be meeting with USDA in the coming days to ensure the department implements all available flexibilities within existing programs, so growers receive timely and adequate assistance.

NABC also is actively communicating with members of Congress to ensure the full scope of losses is understood and intensifying our advocacy for Congress to deliver additional economic assistance through a supplemental aid package this spring.

We are hearing directly from our members and seeing devastating impacts across affected regions, and we are communicating those impacts – and the urgency of action – to both USDA and Congress.

The Florida Blueberry Growers Association will be hosting a Post Storm Recovery Webinar on Feb. 10 via Zoom. Among the topics being discussed are: post-freeze disease issues (e.g., Botrytis); update on possible disaster recovery funding; and crop insurance considerations. Click here for more information about he webinar.