Written by: Don Clifton, DEFB Executive Director
I feel confident saying that Delaware Farm Bureau has stepped forward in pursuing our stated mission – to promote and protect Delaware agriculture through education and advocacy to ensure a quality of life for farmers and their families and their consumers. The DEFB board of directors has made decisions which will enhance the value of being a Farm Bureau member. Collectively we have accomplished quite a lot in the last two years. We have more to do.
One of the areas of which I feel most proud is our advocacy in the Delaware General Assembly on behalf of farmers and the broader community. Of the hundreds of bills filed during the two years of the 152nd General Assembly, the following are just a few that DEFB was involved with. DEFB was active in drafting legislation for introduction, supporting bills that were consistent with DEFB policy, advocating revisions in bills, or outright opposition to bills that were inconsistent with DEFB policy and our interests. We worked with legislators of both parties and both chambers throughout the process.
The following illustrates the various ways DEFB is engaged with the General Assembly.
A bill drafted by DEFB:
Crop Insurance Assistance: HB 87: This Act establishes the Delaware Agricultural Production Assistance Program, providing a subsidy of up to 30%, capped at $10.00 per acre, on eligible producers’ multi-peril crop insurance, whole farm, or other qualifying revenue protection premiums. The Delaware Department of Agriculture (DDA) will work with the Federal Crop Insurance Corporation of the USDA Risk Management Agency (RMA) to administer the Program. $2 million was authorized for the first year of the Program. The Program is now established in Delaware Code and is subject to annual appropriations through the budget process. Governor Carney signed this bill on July 25, 2024. As of this writing DDA is working to establish an agreement with RMA for the Program’s administration.
DEFB action: DEFB drafted this legislation, provided expert testimony at the House and Senate Ag Committee hearings, and communicated with all 62 members of the General Assembly to ensure passage. This bill passed both chambers with zero “no” votes.
Bills strongly supported by DEFB:
Dairy Margin Coverage: HB 392: The United States Department of Agriculture runs a voluntary program (Dairy Margin Coverage) that provides risk management coverage to dairy producers. The a program payment to participating dairy farmers is generated based on the difference between the national milk price and the average feed cost. This Act enables the Delaware Department of Agriculture, subject to the availability of funding, to reimburse eligible dairy operators in the state for the cost of the premium to enroll in the USDA program. Governor Carney signed this bill on July 25, 2024.
DEFB action: DEFB supported this bill through expert testimony at the House and Senate Ag Committee hearings and staying in communication with all 62 members of the General Assembly through passage. This bill passed both chambers with zero “no” votes.
Consumer Choice / Dairy – Sale of Raw Milk: SB 273: This Act, also known as “The Consumer Choice Milk Act,” legalizes selling and distributing unpasteurized or “raw” milk and its products directly from dairy producers to consumers in Delaware. It removes outdated definitions of “Delaware fresh milk” and “northeastern fresh milk,” retaining only the definition of “fresh milk.” The Act provides economic opportunities for Delaware dairy producers in response to growing consumer demand, allowing for potentially higher profits. It establishes a raw milk permit system regulated by the Department of Agriculture, permitting sales only by licensed producers or their supervised employees directly to consumers. The Department of Agriculture, in coordination with the Department of Health and Social Services, will create regulations for the program. The Governor signed this bill on September 26, 2024.
DEFB action: DEFB helped facilitate the introduction and passage of this bill by consulting with the proponents and sponsors, providing opportunities to present and discuss the efficacy of the bill, and communicating with all 62 members of the General Assembly. DEFB also provided testimony at the House and Senate Ag Committee hearings. The results were a 14-5 approval in the Senate, coupled with a 39-2 House approval. A similar bill was defeated about ten years ago.
Other bills DEFB supported
Sunday Game Bird Hunting: HB 271: This bill allows hunting game birds on Sunday simply by striking the language prohibiting such hunting. Governor Carney signed HB 271 on May 30, 2024.
DEFB action: DEFB testified in support at both the House and Senate Natural Resources / Environment hearings emphasizing the need for additional opportunities to harvest Canada Geese and Snow Geese which damage farmers’ crops. This bill passed both chambers with zero “no” votes.
Bills requiring DEFB attention:
Animals (barking dog bill): HB 124: This Act removes animal noise disturbances from the Noise Control and Abatement Chapter in Title 7 and clarifies the enforcement authority of the Office of Animal Welfare and Department of Agriculture, with police assistance as needed. It introduces restrictions on barking dogs, prohibiting continuous barking for 15 minutes or intermittent barking for 30 minutes while exempting specific situations (e.g., trespassing) and locations (e.g., shelters, vet offices). DEFB supported and pushed for Senate Amendment 2, which exempts guard dogs. Governor Carney signed HB 271 on October 9, 2024.
DEFB action: DEFB insisted on an amendment (SA1) which added livestock guarding to the list of activities a dog may be engaged in that does not constitute a violation of this Act. The final version of the bill passed the House 38-2 and the Senate 13-8.
Climate Action Plan: HB 99: The Delaware Climate Change Solutions Act of 2023 establishes greenhouse gas emissions reduction targets to address climate change, building on the 2021 Climate Action Plan. It mandates regular updates to the plan, creates Climate Change Officers in key departments to aid DNREC, requires state agencies to consider climate change in their processes, and calls for a biennial Implementation Report on progress toward these targets. Governor Carney signed this bill on August 3, 2023.
DEFB action: HB 99 was a bill in the 152nd General Assembly following up on results during the 151st on a bill SB 305 in June 2022. DEFB had opposed SB 305 after it had passed the Senate. The bill did not pass the House Natural Resources at that time. DEFB and other business allies had testified in opposition.
The proponents regrouped in preparation of the 152nd General Assembly modifying the language sufficiently, with input from DEFB, and introduced it as HB 99. DEFB did not support or oppose the bill. The bill passed the House 27-13 and the Senate 15-5.
The following are all bills introduced during the 152nd General Assembly that DEFB opposed for various reasons.
Environmental Rights: HB 220 (The Green Amendment): This proposed amendment to the Delaware Constitution aims to conserve and protect the state’s natural resources—water, air, soil, flora, fauna, ecosystems, and climate. It establishes an inherent right for all Delawareans to a clean and healthy environment and designates the state and its branches as trustees of these resources. By adopting this amendment, Delaware would align with other states with similar constitutional provisions for their citizens’ environmental rights. This bill moved out of the House Administration Committee on 6/14/2023.
DEFB action: DEFB adamantly opposed this bill. The Green Amendment was part of a nationwide effort in state legislatures to institute such language in each state’s constitution establishing citizen’s environmental “rights”. A few states already have such provisions. DEFB research on the legal ramifications of such constitutional language led to the conclusion that a very likely outcome would be a torrent of litigation against agricultural industries and sectors, even potentially against individual farmers. DEFB advised the proponents that the amendment would likely not have the intended effect, but delay progress on environmental improvement because of court actions.
DEFB testified in opposition to the bill at the House Administration Committee hearing. Although the bill was released from committee, it never saw House floor action. DEFB had counseled with House opponents, and it became evident that the bill did not have the required votes (2/3 on constitutional amendments).
Natural Resources (DNREC fee bill): HB 249: This Act would have updated various statutory fees and established or modified specific permit and licensing fees charged by the Department of Natural Resources and Environmental Control. The bill was introduced late in June 2023. A hearing was never held on this bill and no floor action took place.
DEFB action: DEFB opposed this bill because of certain outrageous fees that would affect agriculture, among other reasons. These included a per gallon fee on irrigation water and higher fees on above ground storage tanks. DEFB discussed its points of opposition with the bill sponsor. The bill died.
Riparian Buffers: HB 246: This Act would have established minimum riparian buffer requirements for unincorporated areas and municipalities. It specified buffer areas of 300 feet from tidal waters, 300 feet from nontidal freshwater bodies, and 50 feet from non-blueline streams and drainage ditches. The Act allowed for public education on compliance. The bill was introduced in June 2023.
DEFB action: This bill revisited many of the debates of years ago between environmental activists and the agricultural community. DEFB visited with the bill sponsors between sessions and outlined its flaws and related the history of similar efforts. The sponsors chose not to run the bill.
Freshwater Wetlands: SB 290: This Bill would have established a State nontidal wetlands program while maintaining the existing State tidal wetlands program under Chapter 66 of Title 7. Previously, nontidal wetlands were only regulated by the U.S. Army Corps of Engineers and the federal Clean Water Act (CWA). The new program aimed to provide local protection that is more efficient and responsive than the federal program, addressing gaps in federal jurisdiction and reducing uncertainty. The bill also includes technical revisions for consistency with existing language in 7 Del. C. Ch. 60.
DEFB action: DEFB received advance notice of this bill and expressed opposition to the sponsor. Once the bill was filed and a hearing scheduled, DEFB alerted and mobilized the Legislative Committee. Several members testified at the Senate hearing and DEFB submitted written comments in opposition. The sponsor withdrew the bill and promised an inclusive process to draft a new bill. This process is ongoing.
Comments About Delaware Farm Bureau’s Advocacy in the General Assembly
House Agriculture Committee Chairman Representative Bill Carson (28th district)
“As Chair of the Agriculture Committee, I’d say I am satisfied with what we accomplished during the 152nd General Assembly tenure. With HB 87, we were able to re-establish the Delaware Agricultural Production Assistance Program for our farmers. We had a huge win for our dairy farmers with the passage of SB 273 which allows for the sale of raw milk. Hopefully, this will bring things around for our already struggling dairy farmers.
With the help of the Delaware Farm Bureau, we hope to address the issues for our farmers with the recent reassessments and other concerns during the 153rd General Assembly.”
Note: Rep. Carson was the primary House sponsor of HB 87
Senate Ag Committee chairman Russ Huxtable (6th district)
“As a freshman senator from Sussex, I was thrilled to be put on the Senate agriculture committee and even more honored to serve as its chair.
“Delaware Farm Bureau reached out to me before I was even sworn in to discuss ag priorities and how we should work together. We collaborated on several initiatives, most notably the Ag Production Assistance bill (HB87) which will help a lot of farmers manage their risk at less cost.”(Sen. Huxtable was primary Senate sponsor.)
“As Chair, I am committed to ensuring that our farmers have a seat at the table when we talk about the future we want for our state.”
Representative Jesse Vanderwende (35th district)
As an active farmer and Sussex County Farm Bureau member, 35th District Representative Jesse Vanderwende feels that Delaware agriculture benefitted more from the 152nd General Assembly than at any time during his three terms in the House. “Delaware Farm Bureau was instrumental in our success. The Dairy Risk Management Coverage bill (HB392) and the Milk Choice bill (SB273) allowing Delaware consumers to purchase safely produced Delaware “raw milk” were good steps in support of our dairy farmers. In addition, Farm Bureau is a watchdog on proposed bills that would be potentially damaging to agriculture.”
The Knutsens
Kent County Farm Bureau members and dairy farmers Greg and Stephanie Knutsen spearheaded the effort which resulted in SB273 “The Consumer Choice Milk Act”. The Knutsens had learned that there were Delaware consumers of unpasteurized or “raw” milk that had to travel out of state to obtain the milk they chose for their families to drink. This was because Delaware law did not allow the sale of unpasteurized milk in the state. Previous attempts to change Delaware code to allow unpasteurized milk sales had failed, but the Knutsens were undeterred. In their view this was a consumer choice issue as well as a potential opportunity unfairly disallowed to Delaware family dairy farms.
Stephanie presented the case for revisiting the issue to the three county Farm Bureau boards of directors and at the three county Farm Bureau legislative breakfasts in March 2024. All three breakfasts were well attended by legislators and FB members. Stephanie was very persuasive. She said later, “ I learned the value of face-to-face interaction with the senators and representatives. Some of them came up to talk after breakfast and showed real interest. Then later when I had the opportunity to be a witness for the bill in Legislative Hall, it was clear that those conversations paid off.”
“I will also say it became clear that the work by the Farm Bureau to build relationships with the members of the General Assembly was critical. I think we may have previously underestimated the power and influence of the Delaware Farm Bureau, especially when we work together.”
Senator Eric Buckson (16th district)
Senator Eric Buckson, primary sponsor of SB273, worked with the Knutsens, DEFB, and other partners to secure passage of bill. “As a newly elected senator in my first term, I was very appreciative of the support and guidance provided by the Farm Bureau. I especially appreciated their leadership in helping me craft the raw milk legislation. I believe that, ultimately, this was a bill about providing safe consumer choice and opportunity for family farms. I was gratified that, once the case was made, a solid bipartisan majority of my Senate colleagues and the House of Representatives agreed. This was a bill that couldn’t be passed ten years ago. This year, together we got it done.”
Senator Kyra Hoffner (14th district)
Another participant who found the Farm Bureau legislative breakfasts useful is Senator Kyra Hoffner. “I am very supportive of agriculture to begin with, but the discussion we can have at one of these breakfasts provides a lot more background information which is useful to me when I discuss bills with other senators. The General Assembly has made significant strides in supporting our farming community. The communication we have with Delaware Farm Bureau is essential.”
