TOLSTOY FARM, DAMAGED BY FLOODS, IS REACHING OUT FOR HELP

Diane (Tolstoy Farmer and long-time manager of the Spokane Farmers' Market) stands in the deep gully that used to be the main driveway to the community

Diane (Tolstoy Farmer and long-time manager of the Spokane Farmers’ Market) stands in the deep gully that used to be the main driveway to the community

Tolstoy Farm, founded in 1963, is an intentional community situated in a scenic canyon near Davenport, WA. It’s the oldest, still extant, non-religious intentional community in the U.S. About 30 folks reside on the communally-owned land. It is also home to a 5-acre organic market farm known to some as Eden Gardens and to others as Tolstoy Farms. The farm, which has existed for most of the community’s 50-year history, is a collectively-managed organic produce farm growing a vast diversity of crops. It is the anchor organic produce vendor at the thriving Spokane Farmers’ Market (a market that farmers from Tolstoy were instrumental in establishing in 1998). Tolstoy Farms operates a coveted CSA program for about 60 customers (and still have shares available for 2014). CSA customers and farmers’ market regulars know how dedicated the Tolstoy farmers are to organic ethics and methods. They know they will always get the finest quality produce and knowledgeable, friendly service from the Tolstoy farmers.

This year, however, is going to be one of the most difficult in the history of Tolstoy Farm. Earlier this year, on Feb. 12th and February 26th, both the community of residents and the farm at Tolstoy suffered severe damage from two back-to-back major floods. Caused by a “perfect storm” combination of hard, frozen ground (not allowing run-off to soak in), warm temperatures with rapid snow melt and a record 24 hour rain event, creeks overflowed, houses were flooded, water lines washed away and four community bridges were destroyed. On top of that, the main driveway to the community was gouged out by flood waters to a depth of four feet in places making it impassable. Most devastating of all, one of the creeks that used to supply water to several houses and irrigation to the farm was rerouted by the flood. It now disappears into the ground leaving those houses without their water supply and causing the farm to purchase and install 800 additional feet of expensive, four-inch aluminum irrigation pipe in order to access the above-ground portion of the creek so that farming can commence.

I live and farm at Tolstoy, but my homestead is half-way up the canyon side so I was spared damage from the floods. I’m reaching out on behalf of my fellow communitarians who could really use some support.

Tolstoy Farm has touched the lives of thousands of people over the years whether they were visitors to the community who came away with a fresh perspective of how society could be organized in more egalitarian manner or if they were customers at the farmers’ market stand in Spokane.

Now, Tolstoy Farm needs some help from the greater community to bounce back from the hit they took earlier this year with the floods. Please visit their web page and find out how you can contribute, either by joining a work party or contributing financially. This is a time to join together to support a community in need. Please visit the Tolstoy Farm Flood Recovery Fund page at:

http://www.tolstoyfarms.org/flood-recovery

There is a PayPal button on this page to make donating fast and easy.

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New Law in Washington State Expands Farm Internship Pilot Program

A new law in Washington State, Establishing a Farm Internship Program (FIP), introduced as bill SB 5123 to the Washington State legislature in 2013, was signed into law by Governor Jay Inslee on March 28, 2014.

The law, which by all practical matters extends and expands a pilot program that had been in existence in Skagit and San Juan counties during 2010 and 2011, sets up a new, three-year pilot program to allow small farms in sixteen WA counties to take on interns, paid or unpaid. These interns will perform farm work, benefit from a structured educational program approved by the Washington State Dept. of Labor and Industries and administered by the farmer and receive Workers’ Compensation coverage with premiums paid by the farm. The new version revives the former pilot program, refines it, and extends it to King, Whatcom, Kitsap, Pierce, Jefferson, Spokane, Yakima, Chelan, Grant, Island, Snohomish, Kittitas, Lincoln, and Thurston counties (the full text of the new law can be viewed HERE).

The new pilot program has an effective date of June 12, 2014. The Employment Standards Program of Labor & Industries is currently in the process of building an implementation plan. A new Industrial Relations Agent (IRA) will be hired to assist with program implementation. The target hire date for the IRA is June 1, 2014.

Once the IRA is hired, s/he will begin reviewing and updating internship program forms, letters, etc., with an anticipated completion date of June 15, 2014. A stakeholder contact list is expected to be developed by June 1, 2014, and beginning the week of June 16, draft materials will be sent out for stakeholder review. L&I will be working with stakeholders and farm organizations to coordinate the outreach efforts.

Tisa Soeteber will be the Employment Standards point of contact for the pilot program. Her information is provided below. Please contact Tisa directly with any requests, questions, etc.

Tisa Soeteber
Industrial Relations Agent
(360) 902-4537
zepq235@LNI.wa.gov

The small farm economy in Washington is experiencing growth and with that comes a higher demand for trained farmworkers, many of whom will go on to become farm managers and farm owners. The Farm Internship Pilot Program will expand opportunities for on-the-job training for beginning farmers and farmworkers. The new law requires that the farms provide an educational component for farm interns in order to qualify for enrollment in the program. The educational component requirement is relatively simple for the small farm to comply with. The bill stipulates that each participating small farm “provides a curriculum of learning modules and supervised participation in farm work activities designed to teach farm interns about farming practices and farm enterprises[,] is based on the bona fide curriculum of an educational or vocational institution and is reasonably designed to provide the intern with vocational knowledge and skills about farming practices and enterprises.” Such curricula are available on-line and can be modified by each farm to fit its circumstances. It is also likely that that some agencies and organizations will make curricula that are specially tailored to FIP available to participating farmers. The bill calls for farm organizations and agencies such as WSU Extension, Tilth Producers of Washington, the Farm Bureau and others to offer assistance to participating small farms in fulfilling this and other aspects of their farm internship offerings.

An official assessment of the first pilot project was submitted to the legislature in 2011. Although participation in the program was low (six farms participating, nine interns enrolled), the report concluded “both the farms and interns are reporting high levels of satisfaction with this project. Their desire is to continue providing internships that are “sanctioned” instead of questionably legal [“flying under the radar”]. The farms and interns especially value the availability of worker’s compensation for interns available through the FIP project. Farmers have reported that the quantity and quality of the educational component of their internships has increased as a result of participating in the project. All of the enrolled farmers said that they would recommend the program to other farmers. Interns have reported high praise for the educational component of their internships.”

Traditionally, many small farms have relied on “informal employment” of interns or apprentices. Whether such arrangements are legal or not depends on the interpretation of unpaid internship criteria published by the WA Department of Labor & Industries (L& I) which are, in turn, based on the U. S. Department of Labor Fair Labor Standards Act (http://www.lni.wa.gov/WorkplaceRights/files/UnpaidInternshipsFactSheet.pdf).

The bill does not prohibit interns from being paid, that is left up to each farm to work out, but farms would not bound by minimum wage laws in regards to farm interns. The Interns would sign an agreement with the farm that establishes compensation, if any. Payment can be made in the form of stipends, room and board, combination of same, etc. Even if the intern is un-paid, the bill makes sure it is not simply free labor. The internship will need to be an educational experience based upon an approved curriculum. The intern will be receiving value in exchange for the time put in on the farm and the farmer will incur cost in fulfilling the educational and reporting obligations of the program as well as paying Workers’ Compensation insurance premiums to the state.

As the number of jobs on small farms grows the potential for farms to run afoul of labor laws increases. A farm’s viability comes under threat if it becomes embroiled in costly and time-consuming compliance and enforcement disputes with L& I. A small farm lacks sustainability if it allows risky employment practices and unnecessary exposure to legal entanglements to weaken its “economic viability”, which is one of the pillars of “sustainable agriculture.”

Another pillar of sustainable agriculture is “social responsibility.” One of the conditions that gave rise to a social responsibility aspect in sustainable agriculture was the long history of worker exploitation in agriculture. While it is true that many informal employment arrangements on small farms are on friendly terms, the protection that legal workers enjoy in terms of on-the-job injuries or financial security does not exist.

Under the new law, an intern on a small farm is not allowed to remain an intern indefinitely; that not only violates the tenant that unpaid interns cannot displace wage-earning workers (L & I criteria), but it disrespects decades of hard-fought, worker-led struggles to impose minimum wage protections upon labor exploiters of the past. Minimum wage laws exist to protect the rights of workers to receive fair compensation.*

Part of creating a revitalized, sustainable local food system, besides improving training for farmers and farmworkers, is increasing their security and stability by regularizing under-paid and un-paid internships – a tradition that dates back ages. The Farm Internship Pilot Program is an experimental step in that direction. Let’s encourage farmers to utilize its provisions so that we can assess its workability and possibly create a permanent, state-wide farm internship program.

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* There are three exemptions to the state minimum wage for agricultural workers. They only apply if all three of the following requirements are met: 1. Workers are employed as hand-harvest laborers who are paid piece rate; and 2. They commute daily from their permanent residence to the farm; and 3. They were employed in agriculture less than 13 weeks during the preceding calendar year. (Source: http://agr.wa.gov/Marketing/SmallFarm/DOCS/5-LaborOnTheFarm.pdf)

OUR LAND: A Symposium on Farmland Access in the 21st Century – April 26-27 (Berkeley, CA)

Access to farmland for the next generation of farmers looks like it’s lining up to be the most pivotal issue facing agriculture today. Consider this question: “How can young farmers, almost universally cash-poor and yet who have such energy and vision for a re-invented, sustainable and localized food and farm system in the U.S. even get started when land costs are rising, the resource base of arable land is shrinking and start-up costs are steep?” This upcoming symposium has the promise of being a gathering where some real, practical and paradigm-shifting solutions to questions like this will be identified and described.

I say this because of who is behind the organizing effort, namely, The Schumacher Center for a New Economics which is the organizational and philosophical heir of the E. F. Schumacher Society that was based in Great Barrington, MA.

E.F Schumacher was the visionary economist who wrote the book “Small is Beautiful: A Study of Economics As If People Mattered ” way back in 1973 because he saw the train wreck coming and had the economics chops to describe an alternative track. Sadly, not enough people heeded his warning or embraced his proposals. But some folks did. The E.F. Schumacher Society was instrumental in not only developing the concepts for local currencies, community land trusts, and micro-lending programs, they assisted communities to implement them.

Now, in its new incarnation as the Schumacher Center for New Economics, you can bet the concepts and proposals that will be discussed at this symposium will be the ones to manifest in your community. Since most of us won’t be able to attend, they will be uploading podcasts of the proceedings (see below).

We are talking nothing less than land reform right here in the good ol’ U.S. of A.

Pay attention and act!

Chrys

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Agrarian Trust, a program of the Schumacher Center for New Economics, is pleased to announce the schedule for our 2014 Symposium:

OUR LAND: a Symposium on Farmland Access in the 21st Century.

April 26 + 27, Berkeley CA

Wheeler Hall (UC Berkeley) and the David Brower Center

In the next 20 years, an estimated 400 million acres of farmland will change hands as 70% of current farmland owners retire. Meanwhile, entering farmers struggle to compete with non-farming landowners for access to prime farmland, particularly in peri-urban areas. This dilemma of farmland succession is shared by Greyhairs and Greenhorns alike, who all hope for a more sustainable and resilient farming future.

We will examine this imminent inflection point from historical, ecological and political economy perspectives, and address both practical and philosophical approaches to transition. With both national and international speakers joining to reflect on this topic, we expect a full room and a lively convening of stakeholders.

Please join us on April 26 + 27 for a conversation about farmland access and transition.

This event is presented in partnership with Chelsea Green Publishing, The David Brower Center, Berkeley Food Institute, California FarmLink and Roots of Change.

All lectures will be recorded as podcasts for farmers and others who cannot make it in person. To get the lectures please join our email list.

Please read up on the event details and reserve your ticket today at: www.agrariantrust.org/symposium.

Thank you for sharing this announcement widely.

Sincerely,

Severine v T Fleming, Managing Co-Founder, Agrarian Trust

Kristen Loria, Events Coordinator, Agrarian Trust