Did you know? North Carolina farmers grow many crops that require a lot of labor, including tobacco, sweetpotatoes, Christmas trees, fruits, vegetables, and more! For years, farmers couldn’t find enough help from people in the United States. So, since 1986, they’ve had to increasingly rely on a special visa program called H-2A.

But things have been getting tricky. While our farms have changed a lot since 1986, Congress’ visa rules have not, and regulation has made it harder for farmers to get the help they need. And now, things are getting even tougher. New rules are making it even harder for farmers to keep going. For example:

1. 1. 1. The minimum wage for H-2A workers, also known as the Adverse Effective Wage Rate (AEWR), went up from $9.87 in 2014 to $15.81 in 2024.
      2. Farmers now have less flexibility for important things like staggered start dates and joint employment.
      3. The way the government calculates the AEWR for H-2A workers has become more complicated, which could raise costs and legal exposure.
      4. New worker protections were created to address unusual situations but can sometimes harm farmer’s rights.

We need a strong labor program.  These new rules and limited action of Congress could devastate Our Legacy, Our Livelihood, and Our Ag Future.

ECONOMIC IMPACT: Labor drives NC’s Agriculture Industry. An ineffective program could:

1. 1. 1. Cost the NC ag economy $3.4 million for every 1% increase in labor costs by the government
      2. Cause more than 17,000 farmworkers to lose their jobs.

CULTURAL HERITAGE: Labor supports NC’s ag culture. An ineffective program chips away NC’s legacy.

1. 1. 1. NC’s culturally significant crops like tobacco, sweetpotatoes, and cucumbers need a strong labor system.
      2. Excessive regulations threaten to undermine farmers’ ability to sustain farms by making labor unaffordable.

FARMERS’ RIGHTS: NC farmers deserve a seat at the table. Labor regulation does not represent their interests.

1. 1. 1. New rules were made without including farmers, and they go too far.

Complexity and uncertainty restrict farmers’ ability to make informed decisions for their future.

Did you know? North Carolina is the top tobacco producer in the U.S. Tobacco still brings over $1 billion and 7,470 jobs to NC’s economy. For years, hardworking NC farmers have kept their farms running, even as smoking rates drop to the lowest our country has ever seen.

Despite anti-smoking campaigns and reduced-risk products successfully reducing smoking, the Food and Drug Administration wants to ban menthol cigarettes.

Menthol cigarettes make up 36% of the market, which could mean 50 million pounds of NC tobacco. That is a lot to NC farmers! But there’s another problem: places with menthol bans see more illegal cigarettes. We don’t always know where this illegal tobacco or menthol comes from, creating a potentially dangerous situation for consumers. A menthol ban could have many unintended consequences – for the economy and public health.

Tobacco is too important to NC’s Ag Future. A menthol ban has the potential to devastate Our Legacy & Our Livelihood.

ECONOMIC IMPACT:  Tobacco drives NC’s Agriculture Industry. A menthol ban could cost NC tobacco farmers $X:

CULTURAL HERITAGE: NC is the #1 producer of tobacco in the United States, and a menthol ban chips away NC’s agriculture legacy. Tobacco’s longstanding heritage marks NC’s rural identity: farms, warehouses, festivals, and street names.

FARMERS’ RIGHTS: Tobacco farmers deserve the right to earn a living. A menthol ban diminishes farmer’s ability to participate in programs like the H-2A visa program for other labor-intensive crops.

For years, North Carolina farmers have joined voluntary conservation programs to protect two of their most valuable resources: land and water.

Farmers aren’t the only ones who care about water. The government does too. In 1972, the Clean Water Act gave the Environmental Protection Agency (EPA) the job of protecting “navigable waters of the United States” (WOTUS). But here’s the problem: no one agrees on what WOTUS means, leaving the interpretation up to regulators.

In 2022, the Biden Administration asked EPA to change the Navigable Waters Rule. The change was so broad it covered almost anywhere water could flow, including farmland. Think about it: if the definition of land keeps changing, would you want to buy it? What if you had to spend a lot on permits just to farm? Would you worry about fines and lawsuits if you didn’t understand the rules? Those are the questions many farmers are asking.

Now there is a lawsuit between EPA and 27 states. Unfortunately, this means that rules could change again. Until Congress agrees on a definition, the fear of change will continue.

ECONOMIC IMPACT:  NC’s Ag Economy needs land and water to survive.

1. 1. 1. Water rights impact land values. Farmers can’t afford to buy land they can’t farm.
      2. Permitting can cost thousands of dollars. Farmers can’t afford to spend money and then wait for approvals to farm.

CULTURAL HERITAGE:  NC’s land and water is already vulnerable to development.

1. 1. 1. 1,197,300 acres of farmland are expected to be lost between 2016-2040.
      2. 62% of the loss could be from NC’s best farmland.

FARMERS’ RIGHTS:  NC farmers should not have to sue the government to farm.

1. 1. 1. Farmers need a clear and concrete definition that doesn’t change.

Without support from Congress, regulators will continue to have the power to limit farmers’ rights.

Let’s talk about the elephant in the room: pesticides. They often get a bad rap as we’ve all become more eco-conscious. But did you know that thanks to modern technology, pesticide use in North Carolina has gone down since 1992? Meanwhile, our productivity has gone up.

The Environmental Protection Agency (EPA) regulates all pesticides under a law called FIFRA. Before farmers can use a pesticide, it must pass the FIFRA registration process. In the 70s, Congress passed the Endangered Species Act, which told the EPA that all FIFRA actions must include an endangered species review. But the EPA never did this and got sued.

Last year, a judge told the EPA to create a one-size-fits-all policy for new FIFRA actions. In the first round, the EPA proposed an Herbicide Strategy, but it’s complicated, expensive, and often affects areas of agriculture unnecessarily.

If this plan is enacted, farmers face risks like reduced land, costly mitigation tools, loss of rented land, and increasing herbicide-resistance in pests. This is especially frustrating since many farmers already participate in voluntary conservation programs to protect endangered species.

Our ag future depends on protecting the environment. But North Carolina farmers can’t afford what’s proposed. They can’t afford to lose the chemicals either.

We need balance to protect Our Legacy and Our Livelihood.

ECONOMIC IMPACT:  Pesticides support growers’ ability to increase productivity. Proposed mitigations could harm NC’s agriculture economy.

1. 1. 1. Proposed erosion mitigations are expensive. Mid-range estimates are $500/point – that is $3,000-$4500 per field for herbicides needing 6-9 points.
      2. Buffers for spray drift are proposed to be 100-500 feet. A 100-foot buffer on a 50-acre square field cuts farmed land by 25%.

CULTURAL HERITAGE:  NC’s ag heritage relies on progress. Without pesticides our heritage is threatened.

1. 1. 1. 40% of farmland in NC is rented – what happens if landowners do not make changes?
      2. Complex regulations could take EPA resources away from getting new products farmers need.

FARMERS’ RIGHTS:  NC farmers deserve the right to understand the rules. Without clarity, they are exposed to tremendous risk.

1. 1. 1. Lawsuits and regulations threaten 95% of pesticides farmers need.
      2. Farmers that have existing conservation plans should be recognized.

Did you know North Carolina is the top tobacco producer in the U.S.? Tobacco still brings over $1 billion and 7,470 jobs to NC’s economy. For years, hardworking NC farmers have kept their farms running, even as smoking rates drop to the lowest our country has ever seen.

But the Food and Drug Administration isn’t satisfied. They want to cut nicotine in cigarettes by 98%! Sounds impossible, right? That’s because it is. Tobacco plants can’t just change how they grow, and the FDA isn’t supposed to dictate farming methods.

NC farmers grow the best tobacco in the world, but a strict nicotine standard could hurt their ability to keep going, not just with tobacco but with other crops too.

Tobacco will always be important to NC’s ag future. A nicotine standard has the potential to devastate Our Legacy & Our Livelihood.

ECONOMIC IMPACT:  Tobacco drives NC’s agriculture industry. A nicotine standard could cost:

1. 1. 1. NC Economy – $1 billion
      2. NC Tobacco Farms – $527 million
      3. Ag Support Industries – $66.5 million

CULTURAL HERITAGE:  Tobacco defines NC’s culture. A nicotine standard chips away NC’s legacy as the #1 producer of tobacco in the United States. Tobacco’s longstanding heritage marks our rural identity: farms, warehouses, festivals, and street names.

FARMERS’ RIGHTS:  Tobacco farmers deserve the right to earn a living. A nicotine standard:

1. 1. 1. Goes too far by trying to control how tobacco is grown.
      2. Cannot be achieved on farms.
      3. Could harm NC farmers’ ability to export tobacco.
      4. Could create a black market for cigarettes made with unknown and unsafe tobacco.