OOIDA: Add feed ingredients to qualifying ag commodities

The Owner-Operator Independent Drivers Association supports the FMCSA’s recent decision to clarify the definitions of “agricultural commodity,” “livestock” and “nonprocessed food” in the hours-of-service regulations. Now, OOIDA would like to see the agency take it a step further.

In formal comments filed on Thursday, Dec. 17, OOIDA asked FMCSA to consider adding feed ingredients to the list of qualifying agricultural commodities.

“Feed ingredients are an integral part of the agricultural and livestock supply chains,” OOIDA wrote. “Processors and distributors rely on these ingredients for their products. However, given the unpredictable nature of the feed ingredient formula/production process, drivers can often experience lengthy delays at these facilities. In order to maximize efficiency and clarity for drivers, feed ingredients should also be covered in the definitions.”

FMCSA’s interim final rule, which went into effect on Dec. 9, intends to provide truckers hauling agricultural loads a better understanding of which loads qualify for hours-of-service exemptions.

Drivers transporting agricultural commodities, including livestock, from the source of the commodities to a location within 150 air-miles of the source, during harvest and planting seasons, are exempt from the hours-of-service requirements. In addition, the hours-of-service requirement for a 30-minute rest break does not apply to drivers transporting livestock in interstate commerce while the livestock are on the commercial motor vehicle.

As part of the clarification, “any agricultural commodity” includes horticultural products at risk of perishing or degrading in quality during transport. That includes plants, sod, flowers, shrubs, ornamentals, seedlings, live trees, and Christmas trees.

The “livestock” definition now will include insects and all other living animals cultivated, grown, or raised for commercial purposes, including aquatic animals.

“Nonprocessed foods” include fresh fruits, vegetables and cereal and oilseed crops that have been minimally processed by cleaning, cooling, trimming, cutting, chopping, shucking, bagging, or packaging to facilitate transport by commercial motor vehicle.

According to FMCSA, the changes were prompted by indications that the current definitions were difficult to understand and enforced inconsistently.

OOIDA lauded the changes.

“These clarifications will assist commercial motor vehicle drivers who transport such commodities, growers or distributors of these commodities, and enforcement personnel,” the Association wrote. “Under current regulations, drivers transporting agricultural commodities, including livestock, from the source of the commodities to a location within 150 air-miles of the source, during harvest and planting seasons as defined by each state, are exempt from hours-of-service requirements. We believe the updated definitions better explain which commodities are covered without jeopardizing highway safety.” LL