Wednesday, June 8, 2016

ARC-CO Case Potentially Responsible for Farmer Profit Loss Nationwide


Ray Grabanski serves as the founder of the North Dakota-based Progressive Ag Law, where he provides a range of legal services for farmers and agribusinesses as a licensed attorney. In 2015, Ray Grabanski began leading awareness efforts for discrepancies between promised payments and actual payouts made under a 2014 farm bill and the Agriculture Risk Coverage-County (ARC-CO) federal commodity program.

The United States Department of Agriculture created ARC-CO to serve as an alternative for direct payment programs for farmers. Developed in February 2014, the commodity program provided financial and price support for farmers in the event that they fell short of a benchmark revenue. Payouts by ARC-CO were dependent on product yield and benchmark price, a figure determined through an invasive 15-page survey delivered to farmers before the ARC-CO bill passed in July 2015. According to preliminary investigations and farmer interviews, many farmers failed to complete the survey for two reasons: it asked for intrusive information on private net worth and farmers were uninformed of the survey’s importance at the time.

Problems arose when farmers began seeing the first set of payouts by ARC-CO in October 2015. Due to incomplete data required to determine the benchmark price, farmers received payouts that vastly differed from those in neighboring counties. For instance, farmers in LaMoure County, North Dakota received no compensation for revenues lost while neighboring counties received payments that varied between $20.95 and $80.94 per acre. Furthermore, issues with the ARC-CO problem also affected farmers in other states, including Iowa, Indiana, and Nebraska.

Progressive Ag Law continues to investigate the case and holds regular meetings in North Dakota and other affected states to keep farmers abreast of the investigation’s progress. Farmers are encouraged to attend any meeting at their convenience.

For additional information about the case, visit progressiveaglaw.com/agriculture-risk-coverage-county.

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