Feral pigs in produce fields
One of the unexpected developments in the E. coli outbreak is
the detection for the 0157LH7 strain in the intestines of a feral
or wild pig that was killed near one of the four ranches being
investigated by federal and state health authorities. Investigators
are now beginning to focus on feral pigs as a point source for the
outbreak because of the possibility that they can transport E. coil
from pastures to nearby farmland.
Feral pigs in produce fields
By Paul Rovella, Lombardo and Gilles
One of the unexpected developments in the E. coli outbreak is the detection of the 0157LH7 strain in the intestines of a feral or wild pig that was killed near one of the four ranches being investigated by federal and state health authorities. Investigators are now beginning to focus on feral pigs as a point source for the outbreak because of the possibility that they can transport E. coil from pastures to nearby farmland.
Q: How do feral pigs transport E. coli from a pasture to farmland?
A: Feral pigs, also known as boars, use their snouts to dig through soil in search of food such as leaves, bulbs, roots, insects and earthworms. This activity is known as “rooting” and is a constant source of concern for San Juan Valley growers because of the damage it causes to produce fields. A feral pig may root through a pasture, where it first comes into contact with the bacteria. Days or weeks later, that same feral pig may root through a produce field in search of food, where it introduces bacteria to the crop.
Q: If it can be determined that feral pigs are capable of transporting E. coli, then who is responsible for keeping them out of the produce fields?
A: The answer to this question may be found in the terms of the lease contract. It is a common practice in the agriculture industry for growers to lease large parcels of land from landowners to grow crops. Leasing land is similar to renting an apartment, in that the rental terms are found in a lease contract. However, the contents of an apartment lease and a farm lease vary significantly.
A farm lease should specifically state that either the landlord or the tenant is responsible for protecting the fields and water sources from intrusion by wild animals. This responsibility may be negotiated between the landlord and tenant. Factors to be considered when negotiating such a responsibility are (i) costs, (ii) the ability of the parties to detect wild animals and to respond to such threats, (iii) the proximity of the field to potential wildlife areas and (iv) the duration of the lease. Most farm leases address maintaining the land (such as pest and weed control or laser-leveling the land,) but do not go into significant detail about keeping wild animals off the land. This is likely to change as a response to the E. coli outbreak and the likely federal and state regulations that will be passed as a response to the outbreak. Therefore, landlords and tenants will pay much greater attention to this issue in future leases.
Q: What if the lease does not say who is responsible for protecting fields from wild animals?
A:The answer then depends upon the customs of the industry in addressing these types of matters. In 1998, the Food and Drug Administration created a guide for “Good Agricultural Practices,” which was intended to cut down and eliminate food-borne illness outbreaks. In 2000, the United Fresh Fruit and Vegetable Association created uniform guidelines to ensure that members of the produce industry were following the FDA’s practices. Since wild animals have proven to be effective vehicles for transporting harmful bacteria, the guidelines include techniques to be used by growers to eliminate the presence of wildlife in produce fields. The FDA’s good agricultural practice puts the responsibility on the grower/tenant to protect the field from wild animals.
Q: What are some techniques that growers and landowners may use to keep wildlife out of produce fields?
A: The usual techniques to keep out wildlife include constructing, inspecting and repairing gates and fences around the produce field and water sources. Eight-foot fences are most effective because deer have been known to jump over six-foot structures. However, this height may trigger governmental permit requirements. It will be up to the landlord and tenant to negotiate who is responsible for this cost. If it is a long-term lease, then the tenant will likely be responsible for the cost, since they will be the primary beneficiaries of such fencing. However, if it is a short-term lease (such as two to three years,) then the landlord will likely be responsible for the cost because it would not be economical for the tenant to spend the significant funds required for such fencing when it will only derive benefit over several years. This is a negotiation point between the landlord and tenant. It is likely to become more important in all future leases.
Good agricultural practices also requires growers to be mindful of birds in produce fields. Although it is extremely difficult to keep birds out of fields, some practical measures of protection include placing reflective tape throughout the field and killing weeds, which attract insects. These relatively low-cost measures that will likely be paid for by the tenant.
If you have any questions, please contact Paul Rovella or Patrick Casey at Lombardo & Gilles at 754-2444.
