California recently passed a new law (AB 1042) adding restrictions on the sale and use of pesticide-treated seed in the State. Beginning January 1, 2026, seeds treated with a pesticide cannot be sold, delivered, or used in the state unless the pesticide is registered with California’s agencies. The law also requires the state Director of Pesticide Regulation to prohibit treated seed containing a pesticide that meets certain criteria (dangerous, non-beneficial, etc.).
Starting on January 1, 2025, growers will also be required to submit reports to county agricultural commissioners when treated seeds are planted. These grower reports will be compiled into annual reports for publication, indicating:
- Pounds of pesticides applied as seed treatment
- Counties of application
- Cumulative acres planted with treated seed, separated by crop type, active ingredient, and county of application.
This sort of detailed reporting is the first of its kind in the U.S. Although treated seeds are largely unregulated at the federal level, individual states are increasingly taking an interest in legislation aimed at monitoring and limiting pesticide-treated seed.
Save Our Bourbon – Plant an Oak
At least some environmental issues may transcend politics and conservation naysayers – life without bourbon. While concerns about deforestation, pollution, and climate change may be shrugged off as fake news, environmental buffoonery, or just the cost of doing business, those concerns tend to get much more “real” if it means the end of the Old Fashioned. This bleak future hasn’t arrived, but a steady decline in oak forests, particularly white oaks, is beginning to cause some angst amongst the folks who make our beloved American beverage. And at least a few drinkers as well. As Barbara Hurt, Executive Director of DendriFund, said, “No one cares about regeneration until you tell them it will impact their bourbon.”
Without oak trees, there will be no bourbon. By law, the whiskey must be aged in charred new oak barrels. Many other spirits and wines are stored and aged in oak barrels. Unfortunately, oaks have been on the decline for many years, with some reports indicating that 31% of the known oak species are threatened with extinction. According to the White Oak Initiative, 75% of white oak trees in the U.S. are mature but are not being replaced by younger trees at a sustainable pace – in other words, we will run out in the not-too-distant future. A future without bourbon has even caught the attention of Congress – Sen. Mitch McConnell (R-Ky.) and Sen. Mark Warner (D-Va.) have introduced bipartisan legislation called the White Oak Resilience Act of 2024 (S. 5289). The bill calls for the establishment of the White Oak Restoration Initiative Coalition, a voluntary collaborative group of public, state, private, and nongovernmental organizations, to coordinate restoration efforts and make policy recommendations.
Why should the decline of white oaks matter to agriculture? For one, corn, wheat, rye, and barley are the primary ingredients in whiskey and it just makes sense to ensure the future spirits market for those grains. Maybe it’s worth farmers examining some practices that would be beneficial to long-term health of woodlands and soils (dare I say it, regenerative agriculture) such as those suggested by Dendrifund, a wood, water, and grain ecosystem initiative supported by Brown-Forman, the maker of Woodford Reserve and Jack Daniels. It might also require taking a closer look at some herbicide usage that impacts woodlands (especially white oaks). Otherwise we may have to settle for an endless wave of green apple, chocolate, bacon, espresso, sriracha, cotton candy, fried rice, buffalo dung-flavored vodka martinis.
Cape Law’s Bit ‘O Trivia
ANSWER TO LAST WEEK’S QUESTION: Congratulations to Friend of the Firm, Linda Smith, for the correct answer to last week’s question, What is the best-selling item at McDonalds? French Fries. McDonald’s is generally considered to be the world’s largest purchaser of potatoes (and likely the largest purchaser of beef and one of the largest chicken buyers).
THIS WEEK’S QUESTION:
The Alcohol and Tobacco Tax and Trade Bureau sets out legal definitions for the various types and classes of distilled spirits in America, such as corn whiskey, bourbon, rye, gin, brandy, tequila, applejack, and so-on. Aside from the requirement that it be stored in charred new oak barrels, what is the minimum proof at which a whiskey must be bottled to meet the legal definition of bourbon?
Don’t be shy! Reply to us if you think you know the answer!
We will draw a name from the correct answers (within 5 days of posting) for a chance to win a fabulous prize. If you’re modest about your trivia savvy, we’ll promise to keep you anonymous. Every now and then we try to even out the winnings so everyone gets a chance.
