From AmericanHort:
We have finally received the agricultural commodity definition ruling from FMCSA, and the news is good. The interim final rule states that “ the Agency considers plants, including sod, flowers, ornamentals, seedlings, shrubs, live trees, and Christmas trees, within the scope of the definition” (Pages 20-21). So there should be no gray area when growers utilize the Ag exemption for hours of service.
A link to the IFR can be found here: Agricultural Commodity IFR. This rule will go into effect 15 days after it is published in the Federal Register.
More from AmericanHort:
COLUMBUS, OH – (November 20, 2020) – AmericanHort released the following statement after the Department of Transportation issued an Interim Final Rule announcing that horticulture is specifically included in the definition of agricultural commodity as it pertains to transportation:
“We are very pleased with the clarification of the agricultural commodity definition,” said Tal Coley, Director of Government Affairs. “Plants are highly perishable products in transit. Officials at FMCSA, with assistance from USDA, got this right and should be commended. This is a sound government measure that will provide clarity to commercial drivers in our industry and enforcement officers alike. We would also like to thank Rep. Austin Scott and Rep. Kurt Schrader on their bipartisan efforts to elevate this issue in Congress.”
Amending the agricultural commodity definition for transportation has been a key legislative priority for AmericanHort, as it was uncertain in the original definition as to which industries were specifically included. In turn, this created confusion around certain elements of Hours of Service regulations. The agency now states that it considers sod, flowers, ornamentals, seedlings, shrubs, live trees, and Christmas trees, within the scope of the definition.