WASHINGTON, D.C. –U.S. Rep. Sam Graves and U.S. Rep. Blaine Luetkemeyer (MO-9) led a successful effort to get language clarifying congressional intent regarding the Agriculture Hours-of-Service (AgHOS) regulations written into the Highway Bill.

The language would clarify that Agriculture Hours of Service exemptions apply to all movements of critical farm supplies: from source to retail, source to farm and retail to farm. The exemption is limited to within a 150 air mile radius from the source of the commodities or the distribution point for the farm supplies.  

“Planting and harvesting a crop is tough enough without having to deal with overbearing federal regulations,” Graves said. “This language will ensure that Missouri farmers have access to the farm supplies they need, whenever they need them. I believe this bill balances the need for quick delivery while not compromising safety.”

Currently, under the AgHOS exemption, FMCSA only allows for the transportation of a single farm supply – anhydrous ammonia – from any distribution point to a local farm retailer or to the ultimate consumer.  While anhydrous ammonia is perhaps the most widely used farm supply to be transported under the AgHOS regulations, many other critical farm supplies have been excluded because of the agency’s interpretation.  This severely hinders the flexibility our farmers need during planting and harvesting seasons. 

“The timely delivery of farm supplies is crucial to the success of Missouri agriculture, so I am pleased that this important provision will be included in the upcoming highway bill,” said Luetkemeyer. “It is imperative that we clarify in existing law that a driver transporting farm supplies from source to retail, source to farm, and retail to farm is included in the agricultural hours of service exemption. Congressional intent demonstrated in previous sessions clearly allows the transportation of all farm supplies from any distribution point to a local farm retailer or to the ultimate consumer. Unfortunately, in 2009, FMCSA began to misinterpret congressional intent.”   

In 2010, Luetkemeyer and Graves were successful in securing a two year waiver for the delivery of anhydrous ammonia. The Highway bill was introduced and referred to the House Transportation Committee today.

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