Summary
- Senators highlighted urea prices spiking over 40% and farm bankruptcies surging as Strait of Hormuz closure worsened fertilizer affordability crisis.
- Eddie Melton said anhydrous rose 33%, urea 55% and liquid nitrogen 25% since February while corn fell to $4.50 per bushel.
- Sen. Marshall pressed Corey Rosenbusch on 16% Moroccan phosphate duties, arguing farmers paid $7 billion in excess costs over five years.
- Democrats blamed across-the-board tariffs and Iran war for price spikes while Republicans praised administration waivers and domestic production push for relief.
- Committee leaders pushed passing transparency legislation and a Senate farm bill with emergency assistance to sustain producers through 2026 planting season.
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Transcript
Thank you all of you very much for being here today. As we all know, this hearing is about, is being held during what continues to be a very precarious time across America's agriculture economy. I would call that an understatement. i would say it's a generational event while input prices for our producers have been stubbornly high for the past several years this situation has recently become more acute as farm bankruptcies increase fuel prices remain high and interest rates have yet to come down the cost of fertilizer the topic of today's hearing has also gone up and i look forward to hearing from our witnesses about the current state of the fertilizer industry how these high prices directly affect our producers and what potential solutions exist for congress to ensure a stable affordable supply of this uh important crop input again this is a national security issue this isn't a simple problem to address this fertilizer is not a single uniform input nitrogen phosphate potassium commonly referred to as n p and k present a complicated picture of global supply chains that have been affected by the war in Ukraine, trade disputes that have also resulted in countervailing duties, and the recent conflict in the Middle East. Today's hearing is an important opportunity to learn more about how these factors and others directly impact producers' cost. I want to commend the Trump administration for the attentions it's given to high fertilizer prices over the last couple of months the administration has responded by waiving the jones act and refocusing refocusing the fertilizer product expansion program to insure projects funded under this program are up and running as soon as possible in november us department of interior secretary doug bargam also announced the addition of phosphate and potash to the crucial minerals list, which will streamline regulatory hurdles and increase domestic production of these fertilizer inputs. These minerals important, these minerals important to food security, which is national security, were clear, and this was a welcome and much needed change. US Department of Ag- of S- Ag- Agriculture Secretary Rollins has continued to engage with our producers in brought together her colleagues from across the administration to determine what additional steps they can take to provide relief. Several members of this committee have also proposed legislative solutions to address higher fertilizer prices. And I welcome hearing from our witnesses about those proposals, uh, how they may help and what additional act actions Congress and the administration might take to ensure a reliable an accessible affordable supply of fertilizer for hardworking american farmers. With our colleagues in the house successfully passing a bipartisan farm bill two point O I look forward to engaging with the members of this committee on what we learned today to ensure a senate version addresses the urgent needs of agriculture. Congress those are nation's producers in the updated farm bill that will complement the improvements we made in last year in the one big beautiful bill and I'm committed to making that happen. While the proposals and solutions we hear about today may help increase production of fertilizer and bring down prices, in the long term, in the immediate future, Congress must provide additional assistance to supplement what USDA provided with the farmer bridge payments and the assistance for specialty crop uh, farmers' programs. to ensure producers have the working capital capital available to see them through the twenty twenty six uh crop season. i've been working with my friend senator hoven to advocate for this assistance and appreciate president trump's acknowledgement of this need when a larger supplemental funding package is requested before i turn it over to ranking member Klobuchar for opening statement i ask unanimous consent the statements sent to the committee for this hearing be included in the record, including an op-ed written by USDA Secretary Rollins and a statement submitted to the committee by Deputy Secretary Biden. Without objection, so ordered. Again, I thank my colleagues and our witnesses for being here today. And with that, I now turn to Ranking Member Klobuchar for her opening statement.
Thank you very much, uh, Chairman Bozeman, and thank you for holding this important hearing today and for bringing such distinguished witnesses and particularly i would particularly i would mention the farmers who have uh come to washington in the middle of planting season uh to share their perspective so thank you for doing that including a number from minnesota as we hear from our witnesses today um i would say that farmers need policies that encourage new investment reduce supply disruptions and improve transparency in the fertilizer market. We know there are many reasons that fertilizer prices are astronomically high. They were high before the war started, but I will note that there is a direct link uh between recent escalations and this war. In the months since the president started the war with no consultation or authorization from Congress, fertilizer prices uh urea has spiked more than forty percent uh the cost of diesel has hit near record highs in midwest states now why will nearly half of the global urea go through the straits of harmuz thirty percent of ammonia goes through the straits of harmuz yet even before the war farmers were walloped by the presence across the board tariffs an analysis by north dakota state university ok found that iepah tariffs you might not like that ok ok go bison here's what it found ok
boy
it's something to deal with everyday
i know found that iepah tariffs added nearly one billion in cost to critical inputs like fertilizer seed machinery and chemicals from february through october of last year i was at the supreme court argument and as you are well aware the supreme court found the tariffs illegal and last week uh the court of international trade ruled against the president authorities to use a different statue for these authorities for these tariffs and again they're not targeted they're across the board and it is a led to uh part of these problems just last month i was at a family farm in cannon falls minnesota where i met with corn and soybean farmers who are facing escalating causes planting season many of them said stubbornly high fertilizer prices have been an issue for years in a market with little competition some of them were able to lock in before the war not knowing it was gonna happen but others now are even in worse shape beyond the geopolitical challenges there are other reasons uh farmers have just a handful of domestic suppliers to choose from with little transparency about the prices that they ultimately pay In twenty twenty four, just four fertilizer companies accounted for seventy seven percent of U S nit nitrogen fertilizer sales and all domestic potash and phosphate. That's why I partnered with Senator Thune, who's here with us, and farmers in our state to introduce the Fertilizer Price Transparency Act to create a mandatory price reporting structure at USDA, to ensure farmers and co-ops have adequate market information on fertilizer components, especially at times when we see major supply chain shocks. We believe getting this uh information out there would be very helpful. Aside from price transparency, we need to increase domestic fertilizer production and storage. Senator Marshall, who's also with us, and I have introduced the Homegrown Fertilizer Act to do just that, so we can ease our dependence on import. And I know Senator Grassley and others on this committee have introduced other pieces of legislation to address these issues. Acting now will ultimately help stabilize prices and give farmers a certainty they need. But it is going to have to be a combination of things. Ending the tariffs or reducing them or making them much more targeted. Ending this war, finding a way to resolve it so the Straits of Hormuz is open again. and then going at this long-term systemic problem about the lack of competition in this area. Thank you to our witnesses today.
Um, thank you. We'll now introduce our witnesses. We're gonna go to Senator McConnell first to introduce uh our witness from Kentucky.
Thank you, Mr. Chairman. You know how politicians frequently refer to each other as my friend or my good friend. it's usually not true
sometimes
frequently we say that about some of our constituents i've got a prepared text here i'm gonna ask the chairman to put it in the record but i want to tell you about eddie melton we've been literally friends for decades we've worked together on issue after issue after issue for a big part of the forty two years i've been here he's bright as hell and is extremely creative example year or so ago he came to me and said i'm really really concerned as i'm sure we all are about the loss of farmland not only did he say he was concerned about it he had an idea about how to make it less likely to happen which is to give a tax relief proposal for people who bought a farm if they agreed to continue farming for at least ten years. I took that idea and put it in the big beautiful bill. It's law. If Eddie hadn't thought of that, it wouldn't have happened. So I can tell you he's made a difference, not only for Kentucky agriculture, but for agriculture all across the country. And I just want to come by Eddie and thank you for all you've done. Thank you, Mr. Chairman.
Thank you very much. Senator Klobuchar.
Thank you very much, Mr. Chair. Um, It is my pleasure to welcome Andy Green to the committee today. Mister Green is a partner in Center Market Strategies, a bipartisan firm dedicated to keeping markets fair and ensuring a seat at the table for businesses of all sizes. He previously served as the first senior advisor for fair and competitive markets at the USDA during the previous administration where he spearheaded efforts to promote competitive markets across agriculture.
Senator Thun.
Thank you, Mr. Chairman, and and by the way, thank you for shining a light on this uh really important subject. I'm glad we're having this hearing. We need to get to the bottom of uh one of the uh biggest challenges farmers facing these days and that's the cost of inputs and particularly fertilizer. Um, it's my pleasure, Miss Chairman, to introduce to the committee, uh, Trent Kubik. And he is a, um, not only the current President of the South Dakota Corn Growers, but also a, uh, a farmer and a rancher, along with his wife and parents. They farm near Hamel, South Dakota, uh, raise corn, soybeans, alfalfa, and milo, uh, alongside their cow-calf operation. And by the way, for any of you who've been to South Dakota, in that part of South Dakota they also have a very, very abundant pheasant supply. Um, but Trent graduated from South Dakota State University with a degree in agronomy. He and his wife, Shannon, have two sons. Uh, he stays very busy as a certified crop advisor. And, uh, as a volunteer,
Uh-huh.
FF, FFA and four H volunteer, and he's a very active member of his church. And I, I know also that he has a, uh, a person a man of great courage um because he is a a die-hard green bay packer fan in in in viking country um which is uh which is the distinction that we share uh by the way but i am very pleased to have him here today and look forward to hearing a south dakota perspective on this issue so trent welcome thank you mr. chairman
Mr. Rosenbusch, Corey Rosenbusch, serves as the Fertilizer Institute's President and CEO, where he's responsible for leading efforts to advance the fertilizer industry. Before joining TFI, uh, Mr. Rosenbusch served as President and CEO for the Global Cold Chain Alliance, and worked for the Borlaug Institute. Uh, Mr. Rosenbusch holds a degree in International Development. from harvard university and a bachelor of science degree in agriculture education from texas a and m that's a combination and we appreciate you being here very very much uh senator fisher
thank you mr. chairman i am pleased today to introduce mr. joshua wesleyan who is here today as a witness for this committee on a very very important subject Mister Westling is leading the development of Project Meadowlark, a new fertilizer plant in Gothenburg, Nebraska. This facility is projected to produce five hundred, five thousand tons of liquid fertilizer and reach commercial operation, I'm afraid not until twenty twenty nine. But before working on Project Meadowlark, Mister Westling, he led the development and construction of an anhydrous ammonia plant in Geneva, Nebraska, that became one of the few greenfield nitrogen fertilizer facilities built here in this country. Mister Wesleyan, we are so happy to see you here today, and I look forward to your comments. Thank you.
Thank you. Uh, Mister Green, you're recognized.
Thank you, Chairman Bozeman and Ranking Member Klobuchar, for the opportunity to testify this afternoon. We are here because the American farmer is hurting. For more than five years, farmers have endured both price spikes and sustained higher prices, squeezing their margins and affecting their planting choices. It is well known that fertilizer markets are highly concentrated. Indeed, one relatively recent merger created a giant that controls six percent of one type of fertilizer and thirty percent of the market for another. Amazingly, Federal Trade Commission economists took a barely two years after its completion to say everything's fine. That was a mistake. So what are pillars of building fairer, more competitive fertilizer markets? First, enforcement. I'm pleased to see this administration has prioritized investigations in agricultural competition around both agricultural inputs and cattle markets. I hope their efforts yield fruit, and would be pleased if they were building on the groundwork laid out previously, for example, with the Agristats cl- case. High sustained increases in profits should also be cause for antitrust scrutiny, particularly in light of market shocks that are repeating today. To that end, it may be appropriate to reconsider those recent merger mergers that have helped form this highly concentrated sector. Effective enforcement of the law also requires funding and staffing at agencies including USDA. Second, more transparency would be beneficial for a more accountable fertilizer market. Kudos to the bipartisan sponsors of legislation to enhance USDA's role in providing additional transparency, uh, including, uh, in particular S forty-one fifty-two, the Fertilizer Transparency Act of twenty twenty six. Public reporting can, and in some cases, uh, can highlight, and in some cases deter, problematic trends. For example, where there's a disconnect between price and underlying supply and demand. In that way, transparency can lead to beneficial outcomes for farmers, even beyond their use of the information itself. I also commend the legislation for its use of modern dashboards. And the bill appropriately preserves the ability for the data to be used for enforcement purposes. Additionally, regular public company disclosures should be preserved and enhanced, as valuable for both investors and for farmers' risk management. Third, investment is an important tool for enhancing competitive markets. The fertilizer product, uh the fertilizer production was USDA's nine hundred million dollar commitment to support American-made sustainable fertilizer capacity in the face of similarly sharp uh sharply increasing prices and long-term trends towards concentration. Over the course of three years, FPEP invested over seven hundred and seventy-eight million dollars in more than one hundred projects across thirty-nine states. That adds up to an estimated twelve million tons of new production online and more than one thousand five hundred jobs. More than one hundred million dollars remains available to the program and more via the CCC. Funding for USDA's rural cooperative and business services and the agricultural marketing service are important for these types of efforts, and others that benefit more choices for farmers. Fourth, consumers can support pro-competition initiatives incentives upstream for farmers. Clear labels for consumers producers that actually do the hard work of delivering value-added products that consumers want. In fertilizer, opportunities may exist to align America's desire for healthy food and a clean environment with competition and resiliency in fertilizer. Expanding bio-fertilizer and nutrient recycling options for farmers should be part of the equation. Fifth and finally, economic research and academic legal analysis are foundational aspects of building and maintaining effective market competition. Government investment in objective, unbiased research, such as the land-grant university system, helps policymakers identify trends and design interventions to restore market competitiveness. I want to particularly highlight the importance of research into seed resiliency. New varieties can help support more efficient fertilizer choices. To that end, special attention should go to ensuring the maintenance and staffing for the Agricultural Research Service's national plant germplasm system to avoid the loss of irreplaceable genetics, including in corn. In conclusion, more can and should be done on a bipartisan basis to enhance competition in the fertilizer sector so that America's farmers can compete based on hard work, smart investments, and nature's abundance. Thank you very much.
Thank you, uh, Mister Kubik.
Chairman Boesman, Ranking Member Klobuchar, and members of the Senate Agricultural Committee. Thank you for the opportunity to speak here today. My name is Trent Kubik. I'm a farmer from Hamel, South Dakota, and President of the South Dakota Corn Growers Association. I farm in an area of the country where weather varies much more than normal, and more often than not we are threatened by lack of rainfall. Due to this, we try and limit the amount of fertilizer we purchase and apply at the start of the year to determine if we need more while the crop is growing, which in turn does not allow us to early book and or prepay all of our fertilizer needs. In the first few months of this year we were not in a, in a position to book or prepay for any fertilizer, so we expected our costs were gonna be higher than normal as we'd be purchasing closer to peak demand season. But now we are left with costs nearly doubling. This leads me to ask what is causing fertilizer to increase in price? Despite the cost of natural gas in the US being relatively cheaper than any fertilizer producing area in the world, the price of nitrogen fertilizer in the US has continued to rise in concert with prices in with prices in areas with higher costing natural gas. A resulting rise in margins for US manufacturers should, in theory, encourage expansion of production in higher capacity utilization for the industry. Instead, Market Power has allowed manufacturers to maintain higher prices at the expense of the US farmer. In fact, last week a Bloomberg article showed the recent earning reports indicate record profits for fertilizer companies. When my input price goes up, my profit margin shrinks. And I'll be frank, it's unclear to corn farmers in South Dakota how the opposite is possible for the fertilizer industry. What I do, what I do now is, is that profit increase illustrates an industry that does not have that does not have to increase my fertilizer prices, but can do so. In my written testimony, I also included analysis that indicated the use of market power to directly impact fertilizer pricing an analysis conducted in twenty twenty four illustrated the producer price index measuring the change in price of goods sold, both for corn and nitrogen, indicating that nitrogen fertilizer prices nearly precisely tracked increases in corn prices what what is the structure of this marketplace over the past forty years, fewer and fewer fertilizer firms serve the us farmer do in no small part to industry mergers by almost any major measure these are highly concentrated markets in addition large manufacturers appear to have developed and to own distribution networks for instance Nutrien operates the largest director grower distribution network with distribution points and retail locations but unfortunately there is limited publicly available information regarding distributors and and wholesalers it is important to note that vertical integration has not led to the efficiency gains passed on to growers and consumers Instead, our experience is that the integration has resulted in the largest fertilizer companies locking up and leveraging distribution channels, entrenching their dominant position, and extracting excessive profits from farmers and consumers. Market power allows even the simple act of storing these products to be turned against the farmer. For instance, it is my understanding that the fertilizer manufacturers are able to park barges of product and hold on to inventory. In addition, under a scenario where there are only two market participants, the first market participant could set the price for a barge of fertilizer with the second following at that price. It is easy to see how this might occur. We also need the ability of manufacturers to exert pressure downstream on wholesalers and retailers to be mitigated. As I've already mentioned, there's not significant amounts of information available to the public about wholesalers. I have heard credible reports of practices that undoubtedly could affect farmers, such as the delay in availability of fertilizer booked by a retailer, but it is difficult to assess what is really happening Due into the opaque due to the opaque nature of parts of that supply chain. Two key pieces of legislation would be helpful to begin to provide the type of data data needed to assess the use of market output control. The Fertilizer Transparency Act of twenty twenty six would increase the data available to help improve market signals by providing public access to meaningful pricing data and give farmers a tool to help plan for these costs. Ultimately, this legislation will make the market for key farm inputs more transparent and therefore represent a step toward making the market more competitive. It also may help to pr- provide it also might help provide data that would aid analysis of whether market control has been used to limit the supply of fertilizer. We greatly appreciate South Dakota John Senator John Thune and ranking member Klobuchar for introducing this much needed step towards market transparency. In addition, the Fertilizer Research Act authorizes a study on fertilizer competition, trends, and pricing. This bill also increases transparency and and would provide a much needed information to better assess the marketplace, including key data such as sector's capacity utilization rates, And we thank Senate Judiciary Chair Chuck Grassley and Senators Tammy Baldwin for introducing this bill. Simply put, farmers need more competition in this marketplace. We thank the US Department of Ag Deputy Secretary Stephen Baden for his significant interest in this area, and call upon the federal agencies that signed the September twenty twenty-five Memorandum of Understanding to take meaningful steps towards solutions to concentration in this subsector. Federal antitrust laws exist for for precisely this reason, to promote and sustain competition, the lifeblood of our economy. Increased competition for more participants in the in the fertilizer manufacturing space is the only thing that can deliver meaningful and durable price relief. Thank you again for the opportunity to be here and thank you to Chairman Bozeman and Ranking Member Klobuchar for taking up such a critical issue of fertilizer. I look forward to your questions.
Thank you very much uh, Mister Melton.
Chairman Bozeman, Ranking Member Klobuchar, members of the Senate Ag Committee. My name is Eddie Melton and I'm a fifth generation row crop and beef cattle farmer from Webster County, Kentucky. I currently serve as President of Kentucky Farm Bureau. It's an honor to be with you today to speak on behalf of the farmers of Kentucky, as well as the four hundred and seventy thousand Kentucky Farm Bureau member families. My family has been farming in Webster County since nineteen hundred when my great great grandfather purchased our farm. During my lifetime I've helped bring in more than fifty years of crops. We typically raise corn, soybeans, canola, wheat, and beef cattle. My business partner, Patrick Howard, and I made a decision last August to not plant wheat and canola due to the increased fertilizer price. This is the kind of decisions the farmers ac- across the country have had to make. This hearing comes at a critical time, uh, as we assess the current state of the farm economy and the ongoing challenges facing American agriculture. Today's fertilizer price challenges do not begin with the recent conflict in Iran. While global tensions often draw attention to input markets, prices for fertilizer have been elevated for years. Though the current crisis is not new, disruptions in the Strait of Hormuz have beyond a doubt exacerbated the problem. The shipping disruptions contributed to an increase in the price of nitrogen fertilizer. The unpredictability in the region has led to concerns and about availability, not for just this current crop year, but also for next year as well. Since February, we have seen a thirty-three percent rise in anhydrous prices, a fifty-five percent rise in urea prices, and a twenty-five percent increase in liquid nitrogen. All the while, corn prices have declined from seven dollars a bushel in twenty-twenty-two, to approximately four dollars and fifty cents per bushel today. Meanwhile, many farmers are operating with little or no working capital, limiting their ability to manage risk, or invest in future production. In the first quarter of twenty twenty-six, eighty-six farms have already filed for chapter twelve bankruptcy, including twenty-five of those in the southeastern region. Last month, American Farm Bureau Federation conducted a fertilizer availability survey of more than fifty-seven hundred farmers and ranchers nationwide. The results highlight significant challenges in fertilizer access. Affordability challenges are especially acute in the South, with roughly seventy-eight percent of the respondents indicating that they uh were unable to afford all the fertilizer they need. In my home state of Kentucky, just twenty-nine percent of farmers were were reported to be able to pre-book fertilizer with almost seventy-two percent stating that they could not afford all the fertilizer that they needed this growing season. Addressing these challenges requires both immediate and long-term action. In the near term, greater transparency in the fertilizer market and ensuring farmers have access to the fertilizer they need to get through this growing season is essential. We appreciate the efforts of the administration so far, but we continue to call on the President and Congress to do everything in their power to increase availability of fertilizer and ease the price burdens on farmers this growing season. Over the longer term, must strengthen its domestic fertilizer production capacity. We are grateful to the administration, especially Secretary Rollins and the team at USDA for the work on this issue. Expanding domestic production would improve supply reliability and help moderate place volatility over time. These challenges facing agriculture today are the result of sustained economic pressure that is reshaping the farm economy. According to the last USDA census, we lost more than twenty million acres of farmland and almost two hundred thousand farms nationwide. If farm closures and farmland loss and consolidation continue, the long-term structure of American agriculture will begin to change. Ensuring the producers have access to affordable inputs and fair transparent markets is critical, not only for their operations, but for the long-term stability of American agriculture and national food security. For producers operating on thin margins, there is no flexibility to wait for longer-term solutions. That is why near-term support matters. Congress should act now with additional economic assistance to help farmers manage today's cost pressures, prevent further financial strain, and stabilize operations while longer-term fixes are put in place. Chairman Bozeman, Ranking Member Klobuchar, and members of the committee, thank you for the opportunity to speak to you today. as both a farmer and as president of Kentucky Farm Bureau. This committee's work is so important to agriculture and the farm economy to ensure the reliable supply of food, fiber and fuel for generations to come. Thank you.
Thank you, and Mister Rosenbusch.
Thank you, Chairman Bozeman, Ranking Member Klobuchar, members of the committee. The Fertilizer Institute represents manufacturers, importers, wholesellers and retailers who serve America's farmers. There are over five hundred producers of fertilizer globally, and the United States is one of three countries that has more than twenty unique companies producing fertilizer. Half of all the crop yields in the world today are only possible through the use of these crop nutrients. And thank you, farmers, because without farmers there would be no fertilizer industry. Uh, I grew up in a small Texas town where my dad was my FFA advisor, and it was really FFA that broadened my horizons to leave rural America and move to Indonesia, where I spent three years helping smallholder farmers. And it was really that experience that shaped my view on agriculture. Whether you farm in Indonesia or in Iowa, farmers are highly exposed to global markets. And fertilizer is one of those global markets, which is not a single product, but they are typically represented by three macronutrients, nitrogen, phosphate, and potash. each with own with its own unique market dynamics. The United States does have significant production of nitrogen and phosphate. And while we do have some potash production, we import over ninety eight percent. The US only accounts for seven percent of total global fertilizer production, and we are a net importer of fertilizer. Over ninety percent of all fertilizers applied in the world are actually used outside of the United States. We also have one of the world's most sophisticated logistics systems to enable large-scale delivery of fertilizer. That infrastructure helps support strong competition and options for farmers from both domestic and international suppliers to the market. So, please hear this. Fertilizer is a globally traded commodity that is subject to fierce competition in global supply and demand. To understand that supply and demand, We really have to begin with geopolitics, starting with Iran. The closure of the Strait of Hormuz impacted about thirty-four percent of globally traded urea, twenty percent of phosphate, and half of the world's sulfur exports. Iran itself is actually the second largest exporter of urea, with about twelve percent of the market place. Twenty percent of the natural gas is supplied from the region, and natural gas is the feedstock, of course, for all nitrogen fertilizer. But the Strait is really only part of the story. There have been thirty-one ammonia plants in the region that have curtailed production, or have been damaged during the conflict. Another forty-nine plants in India and South Asia were also shuttered due to disruption of their natural gas supply from the region. So even with the Strait opening, reopening, we do not know the extent of the damage to those production facilities. These issues really just exacerbated what was already a very or sorry, tight global supply. China, who is the world's largest producer of fertilizer with about a third of all nitrogen production and forty-three percent of the global phosphate supply, are currently restricting all of their exports. Twenty Russian nitrogen plants have been damaged due to Ukrainian drone strikes, and Russia also has implemented an export ban on their fertilizer, or restriction. So, with At the same time, we're also experiencing strong demand for fertilizer. For example, in India, the world's second largest consumer of fertilizer behind China, their federal government procures their fertilizer. They then heavily subsidize it to keep it, keep prices low for their farmers. Because a significant volume of Ind- of urea was stranded behind the strait, India recently did another urea tender for two point five million metric tons of urea at nearly a thousand dollars per metric ton. We recognize that this is a very challenging and frustrating time for our farmers that are already experiencing very low crop prices. And that's why we'd like to be a partner, to develop solutions. In the interest of time, I'll refer to my written testimony for some of those solutions, but we support policies that bolster domestic supply. Ammonia facilities can take more than five years and cost four to five billion dollars to build, or a decade or more for development of a potash or phosphate mine. We also support transparency. Farmers need a reliable source of data and market information. We have proposed the creation of a crop input economist at USDA that can analyze price information and supply uh supply factors to aid farmers in their decision making. But even with these policy solutions, I wanna be clear that fertilizer is a globally traded commodity. So while we cannot directly influence prices, we can produce productive policies to bolster domestic supply that mitigates geopolitical risks for the American farmer. Thank you.
Thank you, uh, Mister Westling.
Chairman Boseman, Ranking Member Klobuchar, members of the committee, thank you, and Senator Fisher, thank you for the introduction. My name is Joshua Westling. I'm the founder and CEO of Jay Westling and Company, and I am leading the development of Project Metal-Ark, a new domestic fertilizer complex in Gothenburg, Nebraska. I am the only developer of new domestic fertilizer capacity testifying today, and I wanna give you a candid view from the front line. Six years ago, I started working on this project because the fertilizer supply supply problem in our region was getting worse, and nobody was solving it. Nebraska is consistently one of the largest agricultural markets in the United States, with farm cash receipts approaching forty billion dollars annually, and we are one of the largest markets for UAN and ATS in the country, yet local production of nitrogen fertilizer is minimal relative to what we consume. The cost of moving fertilizer to where it is needed and the consequences when it doesn't arrive on time are borne by our farmers. Very often, they are also exposed to supply disruptions, thousands of miles away from their operations. Project Metal-Arc helps change that. Once it reaches commercial operation in two thousand twenty nine, it will produce three hundred and sixty-five thousand tons of UAM per year, a hundred and forty thousand tons of ATS, and fifty-two thousand tons of diesel exhaust fluid. The plant is fully integrated. We produce ammonia as an intermediate, but every pound is converted onsite into products our farmers and truckers actually use. This is the second greenfield nitrogen fertilizer plant I will have developed. When fertilize, when Fortigen came online in two thousand eighteen, it was one of the only three greenfield nitrogen fertilizer plants of meaningful scale built in the United States in over thirty years. Project MetalArk will be the fourth. My team and I have done this before. The total budget for this project is over one billion dollars. We have raised over fifty million in pre-development capital to date, the substantial majority from regional investors, farm aligned partners, and members of our community. These are the people who understand the supply problem most directly, because they live it every season. They have always believed the federal government should have a role in solving this problem but they also recognize the government often acts only in response to crises so they took the initiative I am honored and humbled by their support, I take very seriously the responsibility of delivering what we say we will deliver. When farmers are putting their own capital into restoring domestic fertilizer production, that is essential to our nation's farm and food security, that is rural America trying to tell you something. One challenge unique to fertilizer projects is that so little domestic nitrogen capacity has been built in the United States over the past several decades. Unlike sectors such as power generation or data centers, there are relatively few recent reference projects for institutional investors, lenders, engineers, and contractors to rely upon. As a result, substantially more diligence, engineering work and development capital are required before large scale, private capital can move with confidence. Early stage funding, through any number of mechanisms, is one of the biggest areas of opportunity for any capital deployment program you are pursuing. I support the framework announced on April twenty ninth, by Secretaries Rollins, Luttnick and Burgum, Administrator Zeldin, Director Hassett and others. It is a serious response to a serious problem, and this committee's bipartisan engagement is exactly what this moment requires. If domestic fertilizer production is truly a strategic infrastructure, then we need to finance and permit it like strategic infrastructure. I wanna use my remaining time to highlight three additional steps that would meaningfully strengthen American farm and food security. First, predictability and execution certainty. If domestic fertilizer capacity is truly a strategic priority, then federal timelines must operate with the s- with the urgency that this priority requires. Clear and predictable timelines allow private capital to move faster and strategically important projects to come online sooner. Second, coordination across agencies and programs. Large industrial projects move through multiple federal processes simultaneously. When agencies operate independently, delays compound and timeline stretch unnecessarily. Better coordination would materially accelerate the deployment of private capital into strategically important domestic capacity. Third, urgency. If Congress and the administration believe domestic fertilizer production is critical to American food and national security, then we should act like it. Every year of delay is another planting cycle exposed to fragile supply chains and foreign dependency. Projects like ours are ready to move. The faster strategic federal support becomes real and deployable, the faster new domestic ca- capacity comes online. Three years from now, the measure of success will not be how many frameworks were announced or how many hearings were held. It will be whether new domestic fertilizer capacity actually came online in the United States. This committee has the opportunity to help ensure that projects like ours move fast enough to matter. i'm grateful for your attention to this issue and for the bipartisan seriousness, this committee has brought to the problem. look forward to your questions and thank you.
thank you uh very much we're gonna go to our round of questions and uh i'm gonna allow senator thune to take my place in the order uh we appreciate uh the fact that even though he is the majority leader he is one of our most active members
thank you
he hasn't forgotten his roots
thank you mr. chairman uh and you can you can count on that uh and thank you again for your leadership on this and senator klobuchar for taking on this issue and and let me i'd be remiss if i know this isn't the subject here but uh we need to get e fifteen done and um that solves a couple of important problems one one of one of which one of which is demand for corn in this country at a time when we're losing some of our export markets and secondly increasing the supply of fuel in this country at a time when gas prices are going up. So, as an economic matter, it makes all the sense in the world. So, I I deviate and I understand, and thank you for your indulgence on that subject. But I wanna thank all of our panelists uh for being here today, and uh for sharing your thoughts on the impact of fertilizer prices and supply chains on the ag economy. These high input costs, adverse weather conditions, low commodity prices all impact our our ag economy and it's important that Congress continue its work toward long-term solutions that And I am very proud of what we did last summer in the working families tax cuts to increase reference prices for ARC and PLC, uh, improve crop insurance protection and update disaster programs. But I will say there is, there remains more to be done and all of the members of this committee know that rising input costs have been eating into producers' bottom lines over the last several years, particularly, I would add, the uh price of fertilizer. Uh, the steep increase would uh, the steep increase I should say would shrink or altogether eliminate any growers' profit margins, even during times of strong commodity prices. So it needs to be addressed. Mister Kubik, would you elaborate on how the price you have paid for nitrogen and phosphate fertilizers changed over the last several years and how those changes have impacted your planting decisions over the last few years?
Yeah, thank you. Thank you, Senator, for that question. Um, I did go back and look from from twenty twenty to twenty twenty six, kind of where the trends of fertilizer are. I got a little bit of PTSD from twenty twenty two. i'll be honest and i must have blocked it out of my memory um cause i can't believe we paid that much for fertilizer in twenty twenty two but just for reference uh in twenty twenty my farm paid three hundred and fifty five dollars for a ton of urea by the time twenty twenty two hit that price jumped to eight hundred and thirty dollars little bit of retract in twenty twenty three and twenty twenty four to four and five hundred dollars six hundred dollar range which at the time doesn't take a sharp pencil to to figure out that that's it's not sustainable and and we can't be profitable at those levels Um, and then, when you look at uh, if we look at phosphate, so Map four thirty five a ton in twenty twenty jumped to eleven hundred dollars a ton in twenty twenty two and it stayed consistently high, came off that high of twenty twenty two but stayed in the seven to eight hundred dollar range consistently for the last, four to five years. That has changed, so we applied it, we've we've applied less because of it, and in a actually in twenty twenty five we did not apply any phosphate on our farm, because it just did not make economic sense for us. And we're taking the risk that hopefully in the coming years it'll get cheaper and we can catch up. Um. so we've dealt with this for a long time and then when we have um world events that happen that um completely um completely blow that up and and really exacerbate the the problem um we we feel it so um this has been a long-standing problem for a long time
yeah and and it and it predates current events but nevertheless i mean it's this is contributing but i uh this is something that's going back a long ways and there are some structural things i think here that need to be addressed which is why we have some of these transparency bills could you just very quickly share your experience with uh the recent shortage is in particular the shortage of nitrogen in south dakota
uh i'll be honest senator we have not experienced a shortage of nitrogen yet
ok
um for our for our spring needs of nitrogen fertilizer has been there a lot of this stuff was in place and in country long before the events around the world happened and so um they went up in price significantly the the product that was here so we we do have a product we're starting to get concerned about what do we do in crop as our crop is growing it needs more fertilizer and as we look towards twenty twenty seven it's a real concern
as we know there are small number of manufacturers who have the lion's share of domestic fertilizer production. Um, so I would like to ask this question to Mister Rosenbusch, uh, in the United States, what percentage of sales for potash, i- nitrogen and phosphorus respectively, uh, to US retailers come from manufacturers other than the largest companies?
Thank you, uh, Senator, for that - for that question. um each market is very different so i'll start with potash um potash only about two percent of our domestic manufactured product uh represents the market here uh when you look at nitrogen again it depends on each of the different products uh ammonia we have uh a large percentage of of us domestic producers we have eighteen different companies that make up about eighty percent of that and then when you get to phosphate about sixty percent of our domestic uh manufacturers represent the the market share in the united states the other forty percent is imported product so it depends on each of those and when you think about the total uh market for the united states it's not just the domestic produced product but it's also the imported product that we need to to serve all the farmer's needs
miss chairman my my time has expired but i'm i'm if i can i would like to submit a couple of questions for the record so
Not objection.
Thank you.
Senator Klobuchar.
Thank you very much, uh, Mister Chair. Uh, Mister Kubik, in March, uh, Leader Thune and I introduced, uh, the bill I mentioned that would create a mandatory price reporting system, uh, for price transparency of, uh, fertilizer components. Um, could you talk about how price transparency in the fertilizer market helps farmers like yourself gain insight into the market and can make informed financial decisions and how is it helpful during the current market volatility we find ourselves in
well thank you for that for that question senator and it would be huge you know we just wanna understand this market you know time and time again i found myself saying it my neighbor saying it that that when the price of fertilizer is so high we keep asking ourself why is it so high you know what is what is going on now um it this one little event you know a couple of months ago it was easy to point to but leading up to that nobody knew that answer And so we just want transparency in that for a risk risk mitigation, so we can understand how we we purchase our fertilizer early, when we do it, the trends, everything else, and just and just pull back some layers to see how our fertilizer, our main component, one of our main input components is priced and and priced to us.
Thank you. Uh, Mister Green, you spent some time during the last administration looking at competition challenges in fertilizer and other input markets. Can you talk quickly about some of your findings back then?
well we uh we did a request for information around fertilizer uh i i got your question is focused on fertilizer not we did a lot of different things on seeds on cattle on poultry but on fertilizer we did a request for comments uh and we uh did a summary of that it's uh it it was made available uh and we really found this was in two thousand two two thousand and three so many of the trends you're hearing today were entirely present then uh these have been building up for a number of years but they are small number of choices, high concentration, um uh high prices, prices that follow the price of corn rather than the price of the supply of demand and demand for the actual product itself, or supply and demand for the inputs into fertilizer itself and that really just raises questions, I mean obviously there are some uh reasons why it might uh be in uh in uh connected but the the extent of the connection is really uh uh a focus of concern and so that we made all of that public hundreds of comments uh and would certainly be happy to share that with your office
thank you thank you very much uh mister melton you mentioned the uh the war and um many of our farmers have found themselves stuck with higher costs right before uh uh the planting season or during it actually which was reflected in your farm bureau fertilizer survey fifty eight percent of the respondents reported that their financial situation is worsened this year how are these costs going to affect the next generation of farmers that are trying to get started that maybe don't have the margin or the savings of some of our farmers who have been around a while
that so we've we've probably seen four years of balance sheet deterioration uh we've had four years of of where prices have declined and and basically all of our inputs have gone up but especially fertilizer here, um, it's concerning about the next generation because they probably don't have the balance sheet strength that some of our uh, mature farmers would, I would say. And it is very concerning. Plus, uh, actually talking a young person into getting into agriculture right now is concerning to me because what would make you wanna do this? I mean, when you're looking at - at not being able to make a profit or - or basically not planting the crops that you normally plant, because of fertilizer prices. Uh, we have to do something, uh, to try to stabilize, uh, this market and, and make us more profitable.
OK.
And there's a lot of different things that we can do,
Agreed.
but we have to get farmers back to profitability again.
Agreed. Thank you. Um, quickly, uh, Mister Rosenbusch, um, can you talk more about the unique challenges fertilizer companies are facing with these supply chain disruptions? You mentioned some things internationally. that i didn't even know about and i wanna quickly get to mister wesley so if you could be fast thanks
yeah thank you senator klobuchar i i think i would just summarize it by saying that we are competing as a free market in the united states with a um significant amount of manufactured fertilizer in countries where you have state controlled enterprises i referenced china with almost half of the world's phosphates and when they decide to keep that all for domestic consumption that is what is driving market trends more so than any other factor right now is their uh internal government policies
thank you and mister wesling thanks for being here uh i mentioned senator marshall and i introduced the bill uh to create a grant and loan program at the usda to help domestic fertilizer companies getting at some of the concerns that your previous witness mentioned uh like yours to get into financing what are the challenges in creating a novel fertilizer production facility like Project Metal Lark, nice name by the way.
Thank you, Senator, for the question. So the biggest challenges on projects, they get to a certain scale are the upfront capital requirements. And in this industry in particular, since so few have been built, as I alluded in my testimony, uh there's a real lack of expertise around it. And so, for our, in the case of our project, for example, we'll have spent fifty to a hundred million dollars before we sign some of the major contracts for construction so that upfront capital costs uh um you know bridge to the point where you've got the certainty to be able to execute and give certainty to other investors and lenders i would say is the biggest challenge for sure
thank you very much
uh senator marshall
thank you so much chairman and ranking member for your leadership in in this as well You know, thanks to the working family tax cuts law, crop insurance and reference prices have been taken care of, for the most part. But now input costs are the number one issue, cons- concerning American farmers. In fact, fertilizer costs now account up to forty percent of input costs. That is now the number one issue, these input costs. American farmers are price-takers on both ends, paying monopoly prices for inputs they must buy, then accepting commodity prices they cannot control. with no pricing power on either side, that's not a market, it's it's a trap for the American farmers. I do point out that prices for fertilizer were higher for some eighteen months, when Russia invaded U- Ukraine and those prices came now, but of course now they're up uh significantly. I'll speak to uh to Mister Rosenbush first. Um, as you as you know, one particular company controls sixty-four percent of US phosphate rock mined. and they account for ninety percent of retail sales to farmers. It's being reported that this largest domestic supplier of phosphate is closing plants, which will reduce domestic supplies, while we have a sixteen percent duty on Moroccan imports on phosphate. So I guess the other question I would ask you, what are these countervailing duties protecting? Aren't farmers now getting squeezed from both sides with less domestic supply, and restricted imports.
Yeah, thank you, Senator Marshall, for that uh question and and really a really interesting topic that I think is going to be the hot topic going forward into the future. Um, I can't speak for a specific company's um business decisions uh and as as you are aware, those are companies that are are all TFI members on opposite sides of that case, so we remain neutral when it comes to that specific case.
So I'm not asking you to comment on their plan, but i think you would agree with me that the farmers are getting squeezed on both sides now less domestic supply and restricted imports does the fertilizer institute support free market competition in fertilizer pricing yes or no but if the answer is yes you have to justify the duties that block the world's largest phosphate producer from competing for american's farmers business
there's no question senator that farmers are going through a really difficult economic time and tfi does
we we uh we understand all that we understand there's a shortage of sulfur we need the sulfur to mine the phosphate that's pretty elementary chemistry i'm just mmm gonna ask you directly does the fertilizer institute support or oppose removing the sixteen percent countervailing duties on Moroccan phosphate. The farmers in Kansas deserve an answer.
Senator, I understand how challenging that is for farmers because we have member companies that are both on on both sides of that case we do not take a position on that particular uh case at the ITC right now.
The American farmers paid almost seven billion dollars in excess costs over five years because of that sixteen percent countervailing duty. Does the Fertilizer Institute believe American farmers should pay above market prices to protect a single company's market position?
Uh, Senator, we we are definitely uh, we definitely believe that farmers uh, need access and and TFI member companies are committed to ensuring they have supply, and that that supply is in line with what global markets are. In many cases we have seen that uh, the US market is um, actually traded at a bit of a discount right now, uh, almost a hundred, hundred and fifty dollars cheaper than what Brazil pays for their phosphates. And that commitment that I think the US fertilizer suppliers have is to the farmer, to get uh an affordable and abundant supply of fertilizer.
Mr. Rich, would you agree that the American farmers deserve access to the lowest cost, highest quality fertilizers available, regardless of where it's produced?
Thank you, Senator. We, we a hundred percent agree that fertilizer manufactured and built bolstering domestic supply of fertilizer, it's incredibly important to deliver to US growers the fertilizer they need in order to be profitable.
Yeah. I just wanna reiterate that the number one challenge with American farmer today is input cost, and fertilizers now account for up to forty percent of those input costs. Look, trade exports are up. Uh, trade uh, we exported, we went from two point three to two point eight billion bushels corn last year we're gonna have a twenty percent increase in corn and ethanol exports again this year the problem are the input cost and the fertilizer is the biggest chunk of those that we need to address mmm and i appreciate again the chairman and ranking member for giving us this opportunity to discuss these we've been working on these again since russia invaded ukraine and we need to give the american farmers some relief now getting rid of those countervailing duties would be the quickest most immediate impact that the American farmer could see uh i- in the real world today. Thank you, Mister Chairman.
Thank you, uh, Senator Smith.
Uh, thank you, Mister Chair and Ranking Member, and thanks to all of our panelists today. I wanna actually maybe follow up a little bit on Senator Marshall's questions, because I think he's touching on something that everyone on this committee cares about. Um, so you've got these skyrocketing input costs, and we also have what we know to be really significant market concentration um on the input side we're talking about fertilizer today and i think actually mister kubik you put it really clearly you said basically the fertilizer companies raise their prices because they can um and that's the market power that they have um and you know i was just looking at some data which gets at this and i'm i'm gonna just come to you first mister kubik cause i think this is really interesting now this data is a few years old so it's maybe Prices that were, you know, global markets that were more affected by what's going on in Ukraine. But I would ask everyone, do we are, do we really think it's different now than it was? Um, this is from the Institute of Ag and Trade Policy in Minnesota. So they said that in the twenty one, twenty two time period, the nine largest fertilizer companies made an estimated eighty four billion in profits. Um, in twenty twenty two, major fertilizer companies saw profits increase by somewhere between one hundred and two hundred percent. their in their input costs did not go up by that much. So think about it, Mr. Kubik, their profits are going up between one hundred and two hundred percent. How much do you think the profits of the average farmer in South Dakota was going up during that time period?
Thank you, thank you for that question, Senator, and in bringing light to it. I can tell you personally,
Yeah.
uh, they have not gone up by a hundred or two hundred percent. Um, it's, and that's why we struggle with it.
Yeah.
Um,
Right.
you know, the the cost to we look at I look at my cost of production when I look at marketing, my corn or my soybeans or my cattle, and that's why I determine my my marketing points.
Mm-hmm.
Um, and and that's what we kind of feel taken advantage of. They can look at their cost of production and throw it out the window and just look at a look at a price to set it at.
That's the that's the price that they can charge because as you said, they have the market power. Um, Mosaic's profits in that time period went up a hundred and twenty percent. Nutrients profits went up a hundred and forty-two percent. Um, so, I mean, it's, it's, that, I mean, that looks like excess profit to me. Did you wanna add?
I- if I may, um, and I believe the, there's an article, a copy of the article at all of your desks.
Mm-hmm.
Um, so, I mean, this is, this isn't just, you know, two and three and four years ago, this is like in last week. We've seen similar, similar reports of, of massive profits and that's the thing that, that we feel the, the worst about is, is during this, you know, the last seventy five days, a lot of money was being made, but it wasn't by farmers.
That's that's ex- I always say when I'm talking to Minnesota farmers, there's plenty of money in agriculture, the question is who's getting it? And it's not farmers right now. Now I'm fully in support of the excellent uh transparency laws, the uh bills that have been put forward bipartisan by my colleagues. Um I'm wondering um um Mr. Meltner, Mr. Kubik, anybody wanna comment on do you think that that those transparency laws, if they were in place right now, do you think that that would change the behavior of these companies? Cuz that's what we're talking about. We're talking about the behavior that they have of being able to raise prices so exorbitantly.
Well, thank you, Senator. Um I think we need all the tools in the toolbox that we can use.
Right.
Uh, anything that we can do to help us get back to profitability, I go back to we've seen four years of of decline in in our balance sheets. Mm-hmm. Uh, this can't continue on. You can't keep losing money No. and continue with the things that we're doing. Yeah. So I think we need every tool in the toolbox that we can use. I think tri- uh, pr- transparency in markets will give us one tool there that we can use. Uh, the, what we do right now, and then I talked to my partner, uh, this morning about it, uh, you know, we get a lot of our information from the retailer. Mm-hmm. That's where we get our information on. on our on fertilizer right now i mean there are there are things on the internet you can go look to but actual fertilizer pricing you
to be able to actually see where
you need to you need to go to the we have to go to the retailer right now to see where we can price that fertilizer so i think it would be a good tool in this toolbox
right mister green would you like to comment on this issue that i've raised about um the exorbitant profits that we're seeing i know you work a lot on the question of how we can have fair markets in agriculture to the benefit of the folks that are actually growing things.
Uh, I mean I I wanna agree with my my colleagues here that you you need a lot of tool kits. There's no one tool kit that will uh bring those down. You need when you do have those super normal profits, you need to go back and look at the mergers and look at the other conduct and bring enforcement cases. You have to think about the transparency tool kit. You have to think about the investment tool kit of supporting the new competition,
Mm-hmm.
the new choices, which is what we did in the previous administration. seven hundred seventy million dollars uh of investments.
Right.
Um and and so every single one of those is part of bringing down those supernormal profits which are which are indication of a broken market.
That's exactly right. I I agree with that completely. I know my time is up. Uh, Mr. Chair, um um I think the question is what can we do to change the behavior of companies that are in a position where they can charge such um high prices, and and get such exorbitant profits. I mean in some sectors we look at things i know it be radical but things like a windfall profits tax something to change the behavior so that we can make the market more fair particularly for the folks that are um that are doing the work thank you.
thank you uh senator grassley
before i ask mister kubik the first question i want people to know that there's at least one other senator agrees with the questioning that senator marshall put forward uh in twenty twenty one countervailing duties were first applied to moroccan phosphate um a study published at texas a and m in january found that farmers paid nearly seven billion dollars in additional costs between twenty one and twenty five growing seasons because the countervailing duties uh one company mosaic has eighty percent of the uh market in the united states yet they feel like they need protection from eighteen percent tariffs on morocco uh phosphate coming into this country uh trump has tried to help with uh dollars from the us treasury but what i hear even last week in twelve different counties in iowa that i toured farmers want to get their money from the marketplace not from the us treasury so i think uh this administration ought to get rid of eighteen percent tariff on uh morocco phosphate uh lowering production costs would be as much help as increasing prices for farmers are getting money for the federal treasury now mister kubik uh for many years now farmers have felt that when commodity prices increase input prices are bound to increase with them since twenty twenty Uh even as price of corn has decreased fertilizer prices have remained elevated. Uh we know the talking points of the fertilizer industry uh the cause uh would be the uh Ukraine uh Chinese export controls on fertilizers all contributing to prices farmers are facing and increased prices those are. However farmers have also been uh seen increased consolidation of the fertilizer industry so farmers wanna know exactly why they're paying the price that they have for fertilizers and i think we need more transparency on that so for you mister kupe as a consumer of fertilizer how much insight do you have into the price of the fertilizer you use
yeah thank you for this question senator um and i'll i'll echo what uh eddie said is yeah we get a lot of that from our retailer uh and our retailer gets a lot of that from the from the wholesaler and we're just kind of going off of um you know things we hear in the news and then and then um coming to them that's why we're we're so big on the on the fertilizer transparency the fertilizer research act that you introduced we just need to see more data and see more trends um you know we we like to we like to typically purchase our our fertilizer in the summer prior to the growing season so this summer a lot of farmers will be purchasing fertilizer um in june and july for the next growing season uh but now we have lot of uncertainty is that trend gonna remain the same we just don't have a lot of that that data to look at so we can just see lot more of that even if it's too high and we think it's too high at least we know how and why and and predict a little more what it's gonna do
so your my second question i think you just addressed but more transparency and knowledge and data on fertilizer prices would be very uh beneficial to you
it'd be huge yep as as one as one piece as mentioned before as one piece to the uh the puzzle trying to figure out this market
yeah have uh uh maybe this next question is difficult for you to answer but is there any reason you can think of that the fertilizer industry may not want uh a study to be published by the us department of agriculture
not not one that i can think of and actually i mean heard comments today they're uh very supportive of transparency which was which was nice to hear um that they support that so it sounds like um well you know with their support and our support um hopefully we can get these you know bills across the finish line and start getting and and collecting this data
mister rosenbusch does the fertilizer institute support a report support a report that provides insight to farmers on why they have paid certain prices for fertilizers including factors such as market concentration
Senator Grassley, thank you for that question. Good to see you again. We had some of these conversations a few months ago, when you chaired the committee. And yes, we we do support transparency. We think farmers need more information to understand markets, prices, and we believe that USDA can play a very important role in being able to explain that. I was at a farm on Friday, talking to some growers, about the dynamics, the global dynamics, what was what was creating the price structure we have today. and and they were very appreciative of that but i'm one person and i think the more we can do to invest in providing that market information the better it will be for growers to make those decisions
ok uh my time's up mister chairman i'll put the rest of my questions for answer in writing
thank you senator grassley uh senator loon
thank you mister chairman thank you and the ranking member for calling this hearing um to all the panelists thank you all for being here Last week I had the opportunity to sit down with some farmers and ranchers in southern New Mexico and just ask them what's working, what's not working, um what's happening to your bottom lines. A host of issues they shared with me um increased farm input costs, shortage of farm labor, concern with an aging farming population, loss of expertise at USDA, um someone said that it's hindering their ability to get timely assistance. from the United States Department of Agriculture. Now, many of the issues are larger than one administration. I recognize that. However, some of the issues can be directly attributed to policies advanced by this president and by this administration. President Trump began by implementing sweeping tariffs that have closed off entire markets to American farmers, markets and relationships that we spent decades building driving down prices just as farmers across the country headed to the field to harvest their crops. Now, President Trump then started a war in Iran, I would argue an illegal war, um, without seeking congressional approval. As a result, the Strait of Hormuz is now closed, which has caused fertilizer prices around the world to skyrocket. While all of this was happening, President Trump's Department of Agriculture implemented sweeping reduction in force efforts, um it's hard to find inspectors anymore to go in if you're able to get approval or a stamp to sell your stuff and we can't seem to agree to empower colleges across the country that are ag institutions that when there's not a usda inspector available there should be someone from the state available whether they're gonna look at crop yields or they're gonna look at what's happened with drought for insurance or we're just gonna get a stamp so that they can sell their products i i i really don't understand that now with the loss in institutional knowledge and talent at the agency it creates more of a backlog on top of all the pressures that i was just sharing so mister rosenbusch uh uh a couple well a yes or no question let me just start with this one yes or no in president is president trump's war in iran directly related to the spike in fertilizer prices we've seen since february two thousand and six
senator thank you for that question and we have seen significant impact on the global fertilizer markets because of the events in iran uh there are many many factors right now that are at play on a global scale that are really driving what these markets are whether that be uh what india is doing with their purchasing power right now or what china is doing to restrict exports
i'm not a lawyer but is that a yes
senator i'm
alright if you're not gonna say yes or no i'll just point to page the first bullet on your filed testimony The answer is yes. And you justify it in the first bullet on page ten of your testimony. It's not a gotcha question, it's just you know, what's harder on Congress these days is stipulating to a set of facts. You bring yours, I bring mine, and then we fight about them, and there's no facts. What this, what this war in Iran is doing, the cost of fertilizer is bullshit. Maybe we should just be talking about the kind of fertilizer that comes out of cows and sheep, and Maybe we should be using some more of that in America or figure it out. But you all don't come in here and and and tell me that the people back home are full of shit. I don't understand that, man. The cost is the cost. Implements are more expensive because of tariffs. I'm not gonna ask the Republican witnesses that, cuz then I'm gonna get some academic justification on why it's just my imagination. When I went to put diesel this weekend, I guess it was just by imagination that I was paying over five fifty a gallon. I'm one of the few senators here that probably puts diesel in a truck and a tractor. I have a lot of questions to file, Mister Chairman. Um, I'm sorry I got distracted here. We just want a straight answer, man. Farmers and ranchers across the country are hurting. You know this. Whether it's a Democrat or a Republican, whenever an administration is doing something that's punitive to The folks that we have a responsibility to fight for, let's speak up. I'll call out damn presidents the same way I'm gonna call out a Republican president. I grew up as a South Sustenance farmer. I didn't know we were poor when I was growing up, cuz we always had good food. Got a lamb chop. Fresh chili, tomatoes, apples. Sometimes mommy even made an apple pie. I'm still one of the senators that shakes the milk when I buy it, because we had milk delivered when I was a kid. and it's the way that you got the cream from the top into the rest of the milk. My buddies laugh at me, they say, " What the hell am I doing?" I'm sorry for the vernacular that I'm using, Mister Chairman, but sometimes when you grow up on a little farm and you have to shovel shit in the morning to keep the barns clean, we need to talk that way over here, so we can connect. We can do better here, and I certainly hope that we can get a farm bill, that we can work together, that we don't let basic arithmetic get in the way of what it means, cuz it takes sixty votes to get it done. Let's work together to get things done here, And all that I would ask for the panelists, whether we meet individually or not, let's just be straight with each other, y'all. We don't need to sugarcoat stuff. People are hurting today. Let's recognize that, and then let's agree to find some solutions to make things better. Thank you for the indulgence.
Thank you. Uh, Senator Fischer.
Thank you, Mister Chairman. Uh, Mister Wesleyan, uh, can you take just a minute to discuss the project that you are doing in Gothenburg? and maybe highlight some of the challenges that you face.
Yeah. Thank you, Senator Fischer, for the question. So, um, the project that we're doing is to make a fertilizer type that's utilized in that region or geography uh in the state of Nebraska, born from uh the shortage that exists there and the difficulty of transporting product there over sometimes huge distances. Uh, s- the, in terms of the challenges we've faced, like every large project that's not done by an incumbent or somebody with a big balance sheet it's up.
You know, we're hearing some discussions around uh federal investments, so what types of safeguards do you believe should be put into place to ensure that new infrastructure projects um that happen that they're not gonna be resold which senator mcconnell talked about uh that he was able to work on or or contribute to consolidation which is what i hear from producers i'm sure you do out in the western part of the state too hear from producers they're they're worried about that consolidation and what what it does to price do you have any thoughts on that
i mean i'm senator fisher i'm certainly not an attorney and i won't uh pretend to know how to write bills
Do you worry about regulations? Federal regulations, local regulations. Have you had to deal with any of that?
we sander fish we we have had some regulations that we've had to deal with not indifferent from most projects uh of this scale we've been relatively fortunate in that in in our state uh the folks who are in charge of administering those regulations or enforcing those regulations have all been very reasonable to work with
good
and to the extent at the federal level where we needed them to weigh in uh again blessed by the fact that those folks have all been very reasonable to work with
It's good to hear.
As well.
Thank you. Uh, Mister Rosenbusch, as many of my colleagues have shared fertilizer availability and the prices are at the forefront of every farmer's mind across the country and that includes, uh, my friends in Nebraska. For years the United States has been reliant on foreign fertilizer production to meet that domestic demand. With a lot of talk around the the need to increase that domestic production can you share the current regulatory challenges existing companies face when they tried to onboard a a new fertilizer facility in the us
yeah thanks senator for that question and you know josh did an outstanding job of explaining that in his time
you feel that it's uh pretty good uh to be able to deal with
it it it is really hard to build new capacity in this country um one recent ammonia plant took seven years permit and over twenty five million dollars just to permit it, not even to start construction. We're talking four to five billion dollars of capital. A phosphate mine took over a decade and thirty two million dollars just to permit. And that's all about the uh federal permitting process across multiple agencies. Uh, when you think about actual production itself, once you get into production, uh, the regulatory challenges that add cost to manufacturing, you've got phosphogypsum, which is a by-product
thank you and mister kubik so nice to see you here uh can you take um a minute to discuss the role that precision agriculture has that new technology that's out there and the
uh
increased approval we're seeing in the bio-based products that that they can have in providing additional options to growers to ag producers that are faced with the uncertainty they have now with fertilizer
yeah thank you senator for that for that question this is something i'm very very passionate about um coming yeah coming out of out of college with an agronomy degree and always looking to better ourselves i think that could be said
me too
for all farmers we're all trying to do what's best for land because we want our kids and our grandkids to farm on that land and this fertilizer costs a lot so we can't just throw it on and waste it and kinda hope it got got there right so we're very precisely applying it we're variable rate applying it so parts of the field are getting more than others based on our soil testing to make sure we're doing um everything exactly um exactly like we should the the biological space has definitely garnered a lot of attention um over the past couple of years with the with the increase in and fertilizer i'll i'll be trying a couple of different ones on my farm i have tested multiple different ones on our farm the problem with that unfortunately though senators we live in reality and and they're not enough right now to rely on we still need fertilizer um to to grow our crops and and we're hopeful i dream of a day where i don't need commercial fertilizer anymore that would be the best thing ever but i don't i don't know if my grandkids will experience that but if we can put on less put it on accurately um i think it does good for for both sides
thank you Thank you, Mr. Chairman.
Thank you. Uh, Senator Wernick.
Thank you very much, brother chair. Brother chair, I'm sure you know that the top state for farm bankruptcies last year was your home state of Arkansas. The number two state was Georgia. So we're dealing with this same issue. And I'm sure the chair and I agree that while we like to see our states leading we don't wanna be leading in this way in fact farm bankruptcies increased by forty six percent last year due largely to the president's trade war and i wonder how many more farmers may go bankrupt by the end of this year because of president trump's war in iran war that is raising fertilizer and fuel costs as we all know due to the closure of the strait of her moose which anyone paying attention could have predicted. Mister Roche- Rosenbusch, uh, the president's war in Iran, uh, has further increased fertilizer prices for farmers in the United States. Uh, you're the CEO of the Fertilizer Institute, the trade association representing the companies that provide farmers with fertilizer. Has the White House presented you with a viable plan for bringing down fertilizer prices this year?
senator thank you for that question and we have been very engaged with discussions on capitol hill with the administration on really an all government approach to solutions to help mitigate the impacts of the closure of the street uh what we can do to prioritize domestic supply what we can do to incentivize projects like like joss's to bolster more domestic supply so the supply shocks uh will hurt the farm will not hurt the farmer in the future when we're so reliant on some of these foreign supply sources around the world.
Do you expect fertilizer prices to go down this year?
Senator, I I that's a really interesting question. I don't know that I can comment or or uh legally predict what's gonna happen to the price of fertilizer. But I will tell you that uh we're very concerned about, particularly phosphate, uh with a thousand dollar plus sulfur right now due to the restriction of sulfur coming through the strait. we're now at a point where sulfur costs alone are significantly higher than the cost of phosphate. And so you've seen around the world right now, phosphate mines around the world starting to curtail production because of some of that price impact.
Yeah. Same question for the rest of the panel. Has anyone seen a viable plan from the White House that gives them confidence that fertilizer prices will decrease in the near term? No takers. So, so, fertilizer prices are are increasing. diesel costs have also increased by over two dollars a gallon compared to this time last year and there's no end in sight mister melton you're the president of the kentucky farm bureau so you know farmers in the south uh typically don't pre-purchase their fertilizer and are more subject to price volatility what are you hearing from your members are are they able to afford fertilizer this planting season
So, in Kentucky we got a early start this year and most of the crop has already been, uh, planted this year in Kentucky, Senator. But I can tell you that, uh, and especially on our farm, we did more intensive, um, soil testing and applying fertilizer where we had to without trying to reduce yields. I think that's across the South. I think a lot of people are doing those things, trying to get more creative to where we can try to pencil out a uh with where current prices are for our commodities
so uh uh so people are feeling the affordability pitch obviously right
people are cutting back usage on on fertilizer on their farms yes sir
ok so dealing with the uncertainty as best they can uh this this uncertainty hits farmers at the worst possible time planting season it's not a good time to be dealing with this and um i'm not hearing from anyone here that the white house has that will solve this crisis for farmers. Dialogue is one thing, a plan is another. And at this point, the best-case scenario for farmers is the reopening of the Strait of Hermuz, which was opened before the war started. But even then, the fertilizer market will not bounce back overnight. If it were to open tomorrow, it'll still be dealing with these prices. And so between the war in Iran, spiking fuel and fertilizer prices and illegal trade wars, increasing the cost of equipment and limiting market access, it's no wonder that farmers in Georgia I talked to say that they can't take much more. And we're dealing with this farm foreclosure crisis. As a member of this of this committee, I'll continue to fight for farmers, doing everything I can to end this illegal war and around and unfreeze our fertilizer and fuel markets. Thank you very much. Uh, to the panelists, thank you, Mister Chair.
Thank you. Uh, Senator Hovind.
So, recently had opportunity to um get together with Secretary Rollins as well as our Chairman Sen- uh Senator Bozeman and uh talk about both short-term and long-term efforts to reduce fertilizer prices. One of the ways we're doing that is with precision agriculture. Uh, and as a matter of fact, uh Brian Carroll is here with us today from Grand Farm in the audience, uh along with Greg Taveen. and uh grand farm in uh north cota was recently named as the uh manager for the national proving grounds and the actual first proving ground or test site for ag tech uh ag technology to uh develop precision ag in a way that helps us actually accomplish the same by using less inputs meaning less chemical less fertilizer uh for our crops and uh so that's exactly the kind of work grand farm is doing in conjunction with ars and north dakota state university and nifa funding and that has an impact both in the short term and the long term because basically you get the same result with less fertilizer so i would like to hear from both mister kubiak and mister melton on how that can make a difference for farmers and and what kind of things need to happen so that farmers can utilize that technology both now and in the future starting with you mister kubiak
Well thank you, Senator, for that, for that question. I think in terms of um what can do, a lot of farmers are already using it, um especially in fertilizer application. Many of us get our fertilizer applied by our retailer, and those retailers are using state of the art machines, they're using again, like I said, variable rate technology. And it is all a, all a goal of ours to use, to use less fertilizer or to maximize the efficiency of our, of our fertilizer use, something my farm did last year, where we learned we can lower, with a little bit of rain, we can lower the amount of nitrogen we need to grow a bushel of corn and i think that's that's key i don't know if we're necessarily using on whole a lot less nitrogen we're just more precisely placing it where it needs to be um but but ultimately that is our goal and and a lot of that um equipment and precision technology is in the field today
mr. realton
well thank you senator i think uh research and development is probably one thing and and you brought up uh your university uh i think our university does an outstanding job of doing research on projects like they're talking about uh in your state so i think that we have to continue to do research and development into these technologies and while i'm thankful that i have some younger folks on my farm that can help apply these technologies because some days i have trouble starting a tractor sometimes now but uh but i'm i'm thankful that we do have the research and development from the universities that that and the land grants that can do these projects and work on technologies that can be brought to us to where we can get more efficient into the future.
Yeah well, Mister Melton, you may have a little trouble with some of the new technology, but they like the fact that you're labor and they probably don't have to pay too much for it, uh when uh I'm guessing you volunteer.
I volunteer, no I don't volunteer, but I but uh they uh they do tell me sometimes when I'm there when I'm there, I think some of the jobs I get aren't the most prestigious jobs anymore.
Yeah, it's good you do it. Uh, Mister Westerling, in North Dakota we also have Dakota Gasification Company that now takes coal converts it uh to natural gas and then converts it to uh fertilizers like ammonia and urea how do we get more of that going so we get our fertilizer here at home and we have more competition and lower prices rather than getting it from indonesia or uh russia or someplace where it's high priced and a lot of transportation cost
yeah uh i i think the question was asked earlier about the plan uh from whomever be it the white house or the usda or or whichever agency wants to take it on and maybe i'm just simple but i think the plan in my brain is is uh if the demand is going to be there and it is increase some supply right cause that that that should lower the costs
demand's there
the demand is there and so uh i think some of the ideas that i'd alluded to earlier with incentivizing these projects on the front side of the on the front-end of this process helping bring capital to bring additional certainty certainly when the government leans in everybody else leans in too Uh, those types of things could and should incentivize folks to build more of these projects, no doubt.
And you would agree we need to do more of it.
I absolutely agree we need more of them. And the farmers who've invested in my project do as well.
Yep. Yeah, and we appreciate your project as well in Nebraska, Mister Rosenbusch, what do we do in the short term to get more competition and fertilizer prices down?
Yeah, thank you, Senator. And, uh, it's an excellent question. It's, it's really difficult right now when you've got um you know countries all over the world that are driving up the price by subsidizing and and paying high prices uh i do agree with mister wesley and the administration has done some some things to incentivize bolstering domestic supply and we need that whether it's permitting reform some of the equipment that's required to build plants uh such as his in in nebraska has to be imported and so there's currently tariffs on some of that product or some of those pieces of equipment that have to come in driving up the cost of construction uh and then you know the little things like hours of service um exemptions to make sure that we can get fertilizer delivered uh prioritizing uh fertilizer for domestic supply which uh is also on the back of um delaying some of the plant turnarounds to make sure we're optimizing supply coming out of the existing plants thank you
senator welsh
uh oh thank you very much for this excellent hearing and i just want to the witnesses it's very instructive and i appreciate uh the information you're providing to us we are in a crisis in american agriculture i mean the there is an immense amount of wealth that is being created by the farmers they're just not getting any and let me just illustrate that point by a report from uh our department The average loss for rice is two hundred and twenty an acre, for cotton two O two an acre, uh for uh for oats a hundred fifty nine dollars an acre, for peanuts a hundred thirty one dollars an acre, for sorghum ninety one dollars an acre, for corn eighty seven dollars an acre. I mean this is not sustainable. So doing some of the things that uh Governor Hovind was talking about precision agriculture, things that are within the control of the farmer, they're doing that every single day and figuring out ways to do it. But, if we have this inability to do any control over what the input costs are, and they march up step by step as the prices, as the the price of corn goes up or the price of oats goes up, the farmer is totally at the mercy of a market that is consolidated. Uh, Mister Kubik, you talked about consolidation and I was impressed all of you really, at how long and how specific you are, but that is an issue that we've gotta deal with. You can deal with precision agriculture and try to figure out the best practices, and you've got your own self-ins- your incentive to spend as little as possible. But what about consolidation where it would take some federal action to deal with the impact of consolidation? You see that as a real impact on your pricing, right?
Yeah, thank you for that question, Senator, and one hundred percent, and that's that's one thing i wanted to um incent or emphasize is that this is you know the federal government is the one that has the the ability to go in and look at this we don't as as the south coast corn grower association we don't as you know individual states um i think the federal government has the has the most power
and you see that as beneficial to farmers and it doesn't matter whether they're republican farmers or democratic farmers or independent farmers they like like to do the work they do that's what they're about right
correct and and all we ask for is just to purchase our inputs in a competitive market and right now we alright and what about
And what about transparency? Mister Chairman, why don't we pass the Thune bill? I mean, the transparency seems to be something all of you believe, uh, in including you, Mister Rosenthal. The the transparency is good. Anybody have a problem with us moving out and passing, uh, the Thune-Klobuchar bill? All right, good. I'd like us to do it. And like right away. We've gotta help these guys. Now, on small scare farmers it's really really brutal as well i mean we're seeing consolidation among farmers as well but that's not to drive profit it's because the smaller farmers can't sustain themselves when they're losing this much per acre uh mister you you what do just talk to me about that you know i was on the nitty gritty farm in charlotte vermont eighth generation they've got two kids hoping for the ninth generation and by the way all farmers i know they just love the idea of passing that farm on uh to their kids. Tell me about that issue.
Well the challenges that a lot of farmers and ranchers face, whether it be uh uh farmers in your state or or or far farmers in other places is no matter how big they are, they're still much smaller than the processors and the retailers that are downstream from them. And so their ability to negotiate fair prices is very limited.
Right.
And they're price takers. And in fact, some of the processors themselves are price takers versus the retailers. And so we've got a system where the consumer is paying more, the farmer is getting less, and the folks in the middle are, you know, exp uh uh uh getting the benefits of all the hard work that that are are being done.
Confirmed. Right.
So that's where the focus needs to be.
And and I wanna go back to this, I believe the Iran war is it's this is not me believing it it's incontestable that it's raised prices diesel is way up and that's a big use on the farm uh fertilizer is way up but what i have heard from you is that has intensified what is a preexisting problem with the consolidation the high prices and the really tight margins that our farmers are are facing is that correct i alright
yeah yes absolutely sir
alright well i just i just wanna thank you uh for uh your persistence and advocacy on behalf of the people uh that are close and near and dear to you and rural America is really critical to the well-being of all of America Mister Chairman and I think we have to act this Congress has to act and you know you run a bipartisan committee and everything I've heard from this affects farmers regardless of what their political affiliation uh is. So I hope we move that dune bill and Klobuchar bill and I hope we uh uh do everything we can on consolidation and transparency.
No, I hope we can act with this and several other things and get a farm bill passed.
Thank you. Thank you all.
Uh, Senator Moran.
Chairman, thank you. Um, please know that I join you in your efforts to combine maybe a few things but get a farm bill done, hugely important, another opportunity for us to provide some certainty to our farmers at home. Uh, gentlemen, thank you for your testimony. I've been chairing my own subcommittee, uh, while this has been ongoing, but it's a hugely important issue. I've represented Kansas farmers and producers for a while. Um, I see this as the most challenging time that my farmers in Kansas have faced, since I've been a public official. It's in part due to five years of drought. It's not over yet. Uh, and so we begin the financial circumstances of most farmers. home in very difficult circumstances without the financial capability to weather another storm. And so, um, I'm very interested in in trying to determine if there is a legislative fix to lots of market forces that go on that are bigger than just this one issue. Uh, Mister Rosenbusch, I I read your testimony and noticed and noted that you talked about world fertilizer and fertilizer components. There's a science that goes into understanding fertilizer, which this hearing has helped me better understand. It's not just one component, it's related to so many other items that are necessary. But the closure of the Straits of Hormuz was probably not a circumstance that my farmers predicted, and has a significant result, uh, related is, as I understood your testimony, to the wor oral sulfur supply. and twenty percent of the world's supply of liqui- liquified natural gas. As sulfur is a key component of phosphate production, would it be fair to say that global ph- phosphate ask access has been affected by this closure of the of the straits? That's true? Uh, Mr. Rosenbusch.
Yeah, Senator, thank you for that question. I appreciate your understanding of the complexity of the markets, which is one of the reasons why we support transparency, because it is really difficult to track all of these different commodities in the markets for them. Without a doubt, sulfur is a big issue right now. Uh, you know, we have uh the spot market trading as much as thirteen hundred dollars a metric ton. And a lot of that is getting bought by Chinese for mining. When you look at copper, um, you know, that might be sixteen thousand dollars a metric ton to sell. That is where the free market is going to take a lot of that product. as opposed to into fertilizer production. And so this, this is gonna continue to be a challenging going into the twenty twenty seven crop year. It's a bit of a double-edged sword, in that we need supply. We, we definitely support the idea of bringing more supply to the US farmer. Uh, I was looking at some of the numbers. We have a hundred and eight companies that supply nitrogen to the United States. We have thirty eight companies that supply phosphorus to the United States, sixteen companies that supply potash. And the double-edged sword is, is that you then expose yourself to some of these geopolitical events. And so we need to boast domestic production, but also find opportunities to continue to find reliable global sources.
Well, you know, one of the things go down this path, one of the things that uh, I mean, would be useful I suppose in a, in theory, is a tariff to encourage domestic production. But a tariff also then increases the price of the inputs. And have we seen any increase in domestic production?
Yeah, it's a, it's a, it's a difficult question, Senator. I appreciate you raising, uh, what is a very challenging topic because, uh, long-term when you start to put non-free market, uh, measures in place from a poly- policy perspective, we understand that that's gonna actually have a, uh, worse consequence on supply for the United States. Uh, we saw that just with, uh, Venezuela recently, where we now have opened up that market, But that product is going to go to wherever the farmer is gonna pay the most, which is Brazil right now. So if we artificially impact the US market, we're not gonna be able to attract supply here in the future.
Why are we being out-competed? Why is somebody else more capable of paying the higher price?
Uh, that's a good question, uh, Senator. It's one, because, uh, you have foreign governments that are driving up the the price of that through subsidies. I just heard recently Ethiopia um, is bidding for a very limited supply right now, and India is paying nearly a thousand dollars a metric ton that they subsidized to farmers so there's your floor price that sets the global market price right there.
So, we, when I, while I focused a moment on tariffs, there's also this other distortion of moral markets in which other foreign, which foreign governments are subsidizing their farmers in a way that then disadvantages US farmers.
And that's gonna attract global supply at that particular price. to those foreign suppliers we need as well.
If the straits were open tomorrow, what would happen?
Um, obviously you're gonna see an impact, um, and and we need those vessels that are behind the strait to come. Uh, I think it's going to take a while for that market to work itself out because, uh, as I mentioned in my testimony, forty plants there have been either curtailed because of no uh natural gas, or they were hit by missiles or drones.
Understand. Thank you all very much.
Senator Justice.
Well, you all waited a long time to hear from me, haven't you? Um. You'll find me to be this guy. I'll be the guy that uh, with logic and reason, and I appreciate our chairman like you can't imagine. I appreciate all these great committee, committee members right here and they do a great job, they really do. There's a real, real, real problem here, and I've heard lots and lots and lots of stuff from lots of people here just today. And they say things like, uh, what do we do to get fertilizer prices down? Is the Iranian war killing farmers? Plenty of dollars in ag, but farmers aren't getting those dollars. You know, Trent Kubik says many things, but the one thing absolutely just beams from him is he loves what he's doing. And he doesn't wanna give it up. You know, I started our farming operation in, well, fifty years ago. And we grew it, at one point in time we were the biggest crash grain farmers I think east of the Mississippi River. We were seven or eight times national corn growers, "Tren, I, you know, I know you're in the National Corn Growers and everything from", "but we were seven or eight times National Corn Growers winners". I know a lot about this. I really do know a lot about it. And I'm a business guy. You know, I've got an MBA and I'm a business guy. And I would tell you just this. You have a colossal problem. Because you got a lot, a lot of people here that would really like to help, but I don't know that they will. At the end of the day, you've got frustration, and to be perfectly honest, it's probably gonna get worse. We have to move. And, Mr. Chairman, you know, and I know too, that we have to move. We're losing folks every day. And the tragedy is beyond teetotal belief. You know, I think about Eddie Meltner, and I've known him forever and a day, at least known of him forever and a day. And now I'm getting the opportunity to meet him and everything. And I, and Eddie, I would say to you just this, uh, did you ever know Ken Wells, Doctor Kenneth Wells at the University of Kentucky? Now, Doctor Kenneth Wells came to our operation when I was just a kid. And really, basically, I owe just almost everything i know about agriculture and it's a boat full to kenneth wells you know there's so much goodness in this room it is unfathomable but when you think about you know questions of well does the fertilizer industry really want transparency are you kidding me really do we really believe that Sure, that's easy for us to say. But do we really believe, I mean, what we have here is a monopoly. We do. I mean, if we look back at ag prices, just think just a second about this. In twenty twenty-two, not very far ago, you know, corn prices were seven bucks. Today, at harvest time this past year, they probably drifted significantly into the three dollar and something price. Do you realize that when Harry Truman was the president of this country, corn prices were two dollars and fifty cents. Go back and look. Think about it. How in the world can we possibly, possibly not act? We have got to move now, or we're going to awaken to an agriculture industry that is so different, than we have ever uh could ever think. And it'll be bad, it'll be bad for all of us. We have got to do something right this minute. Now I don't know exactly what all the answers are, but there's all kinds of combinations of lots and lots and lots of things. And it can be done. It can really be done. But absolutely, we've got to move. and move today. You know, from the standpoint of fertilizer prices, it's the most bewildering thing in the world. But just think about this, I'm from a state that abounds in coal as well. Metallurgical coal, it is, it is forevermore just this. You let metallurgical coal go from a hundred dollars a ton at the mine site to two hundred dollars a ton. Instantaneously, freight cost will go from thirty dollars a ton to fifty-three dollars a ton. Then if the price goes from there, from two hundred to three hundred dollars, the freight cost will go from fifty-three to sixty-one dollars a ton. And nothing's changed. Nothing's changed. It's all up to us. It's all up to all of us on this committee. It's all up to us as legislature's to do something. Cuz these people are really hurting. And it's time right now. Mister Chairman, I know how much you love these people. And I plead with you. Some way, somehow, we've gotta solve the riddle. Cuz they're really important. God bless each and every one of you. Thank you.
Um. Thank you, Senator Justice, and very well said. Uh, Senator Schiff.
Thank you, Mr. Chairman. Um, Mr. Green, last week I was lucky enough to engage with some of the agricultural leaders across Ventura County. These uh fresh produce growers shared a bit about their challenges being squeezed by retailers um whether that's not being able to sell into grocery stores because import imported produce is cheaper uh receiving the same cut even when the input prices change or essentially subsidizing the remainder of products sold by retailers. Can you elaborate on how specialty grop uh, excuse me, specialty crop growers suffer when buyers abuse their market power, especially in a consolidated retail market?
Thank you, Senator, um, you've raised a very big challenge, which is there are uh dominant power buyers in the retail space that can exercise their power uh up upstream to the farmer any no matter how i know fabulous the product they are they are raising uh they do not have the opportunity to meaningfully negotiate when there is so few choices of where they can bring their product and when the largest power buyers have the footprint in the market so that if they go someplace else or if they go to usda and say can you please inspect uh instead of giving me you know dinging uh uh dinging me for you know without documentation uh for for not delivering certain amounts or things, or when they change contract terms, you know these are longer term contracts, well if the price goes uh up, uh the longer the power buyer keeps the same low price, if the price goes down, suddenly the farmer has to eat that price drop. Uh same thing around financing terms that are getting longer and longer, the farmer is floating the retail power buyers uh a a no interest rate loan so it's a real uh it's real evidence that uh there are market power problems in the market you refer to there are probably violations of the perishable agricultural commodities uh act as well and it's it's it's the same type of thing we see in other sectors as well of this imbalance of market power that requires usda doj ftc and government to help balance uh those situations
And in in some of those mass retailers, isn't the produce section really the profit driver for most of the store?
I I I don't know that per se, but I think it's one thing that pulls people into the door.
Yeah.
And so when it's pulling people in the door, and it's the most attractive part of the store, uh that's something that's really important. Uh and so making sure that the the the farmer is sharing in the benefits is precisely why there are rules around making sure that volume discounts are available to every retailer, making sure that the price, um, you know, the, when a product comes there's a USDA inspector that can make sure that the farmer is protected, uh, against being dinged without documentation by the retailer, et cetera.
Uh, you mentioned that, uh, some of these practices might violate a certain statute. Can you explain that?
So, the Perishable Agricultural Commodities Act, uh, goes back to nineteen thirty. five i think it prohibits unfair deceptive practices it's similar to the packers and stockyards act it's similar to uh a certain of the federal trade commission act and it basically says if you're if you're doing business you've got to do business in a fair way transparent way uh these are well established principles and uh the usda has enforced it for a very long time i do worry about staffing at the agricultural marketing service and other places um uh but it's a very important statute for the uh efficiency and competitiveness of uh the specially cropped industry.
Any other ideas you can share about how to um equalize even a little the incredible disparity between the market power of these mass retailers and farmers?
You gotta rein in the market power of the retailers. It's one of the reasons why the Robinson Patman Act uh sets uh prohibitions against discriminatory uh predatory and other types of pricing uh uh uh uh uh differences so that you can have a competitive retail sector so that the dominant uh power buyer is not able to be so dominant that the farmer doesn't have a choice if there's a competitive retail market and and a retailer is not playing fairly they can go someplace else and sell their product if you don't take take deal with the concentration of power at the retail level it's gonna flow up to the farmer
uh thank you very much uh thank you mr. chairman
Q uh Senator Schlatt.
I apologize for being late. I had another hearing that we just finished up. Um, sorry gentlemen, and I know you've gone through a lot of this. If you're up, if you're getting me, you're at the very end, so you can rest easy. Um, uh, I have a question, um, I come from Michigan, so specialty crop state, obviously we do have row crops, but specialty crops um are are what we specialize in. And um that tends to be small and medium sized farms. the mega farms of some other states. Um, so I was actually hoping to ask a question to Mr. Melton, and I am having trouble say, there you go. Um, just can you talk about what the the pinch on federal, on fertilizer is really doing, particularly in your state to some of the specialty croppers, you know, the the food and or the fruit and vegetable folks. Um, I feel like they're already on their heels because of all the uncertainty going on in ag generally. um, and they're smaller, but can you talk to me about what you're seeing in Kentucky?
Sure, Senator, thank you. And, you know, we all know what fertilizer is, it's plant food. So I don't care if you're growing specialty crops, if you're growing row crops, if you're growing forage for your livestock animals, uh, fertilizer is an important key to that. And when you bring it down to that level, that is what we all are dealing with right now, so is the cost of those fertilizers. So in our specialty crop markets, uh, it is very it is there it is very much uh noted it is at affecting them on their farms, just like it is all the other aspects of when we're purchasing fertilizer.
Yeah, I just it feels like there are so many variables in in ag right now. I mean, obviously the weather you can't control, but there are all these other factors that are just making it really hard for small and medium sized farmers at least in my state to to keep farming. I mean, I think there's real existential questions going on for folks. Um, and I live on my family farm, I I leased a land out to a soybean farmer and so I I I see those things very um, clearly. Um, and does anyone uh on the panel have a sense, you know, we we have this choke point right now in the Persian Gulf, traffic isn't getting back and forth. Let's say, you know, i- i- the Persian Gulf opened up tomorrow. How long would, do we understand it would be until that fertilizer actually gets through, comes back to the United States, and we can see this market regulating. Do we have, and you know the the oil and gas people say it'll be a year even if the Straits of Hormuz open up today. Does anyone have a sense on fertilizer? I I see, sir, go ahead, please.
I guess that's, I guess that's my question, Senator Slotkin, thank you for the, for the question. Thank you for your knowledge of potash too. You've become the expert of potash,
I'm a big fan of potash.
so we appreciate uh all you do there. Um. Yeah, it's gonna, once the street is open, it would obviously take, you know, a good month for, for those vessels to clear and to get to the market destinations. What is still unclear is what the damage has been to those manufacturing sites, uh, in that region. We estimate there's about forty, uh, plants that have been shuttered or closed down because either they no longer can produce or they were actually damaged because of the conflict so it could be months,
Hmm.
or it could be years,
Um, can we stay on potash for just one second, um, because, um, you know, look, we have discovered potash in Michigan. Um, we're very excited about it. I'm supportive of us mining that potash. Um, it's a, an, and I think, um, uh, what do you see as the challenge of getting that off the ground? And I don't know, again, if there's others who also wanna answer that. Um, we know, um, uh, you know, I'm a, I'm a big believer in permitting reform and making it easier to make. big good economic decisions that affect economic security and national security. I think having access to critical minerals, um, is part of that. Tell me what the constraints and the the the situation is.
Yeah, I I would say that, uh, as you know, we we need our farmers to have as much supply as possible so they can be successful. Permitting is a huge issue, takes decades to get these mines up and running. Capital is a huge challenge as well. When you're talking about billions of dollars of
yeah i'm a big believer i mean again um the answer can be no when you're asking for a permit it just shouldn't take fifteen years to get a yes or no right just get to like decision faster
yep And can you still justify it?
Think that's fair. I I don't wanna um abuse my time, Mister Chairman, but I I see there's other folks on the panel, if it's OK to just finish up.
I just wanna add, Senator, that you also need a competitive market. If you wanna talk about getting new fertilizer, i- if if the market is constrained and is shut and the dominant powers are gonna, uh, ice anybody that enters it by l- out by lowering the price or squeezing them, there's real no incentive to invest. And these, there have been a series of mergers that have, that go back to twenty ten, twenty thirteen, twenty fifteen, twenty eighteen. All of those mergers can be reviewed by the FTC and the Department of Justice. Under a retrospective review, they can all be undone. And the price of fertilizer, even if the Straits of Hormuz open back up, we saw the price of fertilizer in twenty twenty two drop back, but not basically to where it was prior to the Ukraine war. It has stayed high And so the the issue of these long-standing trends towards concentration show that the underlying competitive uh uh uh dynamics in the market really do need to be addressed.
Great, thank you Chairman, you're back.
Well uh thank you, I just got a couple of things, since I gave my time away to Senator Thone. Um We talked a lot about uh transparency today and and access to to more information. Um. I guess the question I'd have from you, uh, uh, Mr. Kubik and, uh, Mr. Melton as producers. Um. What information do you have access to that helps you better understand the input markets? And what additional information would be helpful? You got anything specific that we can actually sink our teeth into?
yeah i think uh thank you senator for that question i think right now again i'd say i'd said before a lot of our information comes to our retailers and the information they're getting um from from their wholesalers
can you understand it
somewhat you know a little bit it's it's hard to fathom how corn price can be here and fertilizer price can be here um even when corn was here fertilizer was here so it's hard to understand it i think the
sometimes it's so complex too that
yeah
there's so much information
yeah i just i just think if we can see you know um ports of uh of where you know fertilizer is coming from for us, Minneapolis, Sioux City, um, NOLA, down in the, down in the Gulf, just to kind of get our, you know, head wrapped around where that, um, where the market's at and then just see the, the margin, you know, built in, see what the, the supply chain is like from, from manufacturer to processor to distributor to retail. Um, like I said, just to help us plan and, and mitigate our risk a little bit more.
Senator, I think it, uh, we know the demand's there. We've talked about that several times today. I think knowing what the supply is that we're dealing with ahead of time uh what's the supply gonna be moving forward because that's what basic economics is, is supply and demand and it sets price but if we don't know what the supply is and we know the demand's there and and the supply changes all the time on us so we had some way to know and predict kind of what the supply is moving forward I think and and we have access to that information I think it helps me as a producer and and i think it would help trent too knowing where that supply is and if we're gonna be able to get it when we need it
uh thank you mister wesley you're in the process of building your new facility in nebraska uh give us a thing like so you're you're experiencing this give us a thing that congress or the administration could do to spur increased domestic fertilizer production what what what would have helped you
well i think the fpet program
yeah
thank thank you for the question senator uh i think the fpet program had some the the construct was good uh and and what it wanted to do in incentivizing uh these types of projects was a good thing and ultimately uh could be distributed in a way that could have a a a big impact on bringing more of these to the market
very good and finally and then we're going to uh give you all a break the uh you know we've seen what military conflict trade disputes all this going on in the world right now we live in a a dangerous world uh and this is for anybody who just wants to jump in what else should we be doing uh to reduce our exposure to foreign disruptions we've seen what blocking the strait has done uh this is national security do we need to consider like we have an oil reserve do we need a uh uh you know some sort of a reserve of fertilizer does anybody got any ideas
well great I I I I wanna underscore the importance of seeds here, where seed resiliency and the seed uh seed bank at the National Plant Germ Plasm System is really a national security resource, so that we have the genetics to be able to adapt to regional varieties. And the research and the access, the Department of Justice filed a re just yesterday a very important statement in a private case around the ability to read um the genetics. And so I think fertilizer has to be thought of in context of these other tools that can keep us nimble, flexible, resilient, and and self-reliant, really, across these markets. Yes, Senator, thank you for that question. We've talked a lot about strategic reserves recently, and uh, fertilizer is very different than oil and gas. Uh, it would be an honor to take you to some of these massive facilities and warehouses where some of these uh products are stored and you'll see the capital and complexity of, of how large these facilities are, but fertilizer itself as well if kept for a long period of time um you know the the quality can deteriorate fast you get clumping. Uh you start to see uh it really kind of form a big old block of block of concrete so it's not something that can be stored for long periods of time. So the answer is let's bolster our domestic supply with projects like Mr. Wesleyan.
Very good.
And I would add to that just simply by saying make the stuff where you use the stuff.
thank you all very much this has really been a good uh a good discussion i think everybody on the panel has learned a great deal as a result of this you can see this committee is very serious and uh really does a just a good job uh we've got a great group of members on both sides that work hard as was mentioned uh uh you know agriculture farmers are not about uh republican farmers or farmers or republican small towns or democrat small towns this is about uh trying to help out and uh trying to to stabilize just a tremendous asset of this country with that again thank you for being here the record will remain open for five business days and we are adjourned
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