We turn next to the district court's denial of the Johnsons' motion to amend their complaint to include claims based on the 2008 incidents of pesticide drift. See 7 U.S.C. 6511(c)(2). The court of appeals stated that its decision in Wendinger should not be read to define a unique category of physical substances that can never constitute a trespass. Id. 1849, 173 L.Ed.2d 785 (2009). 18B.07, subd. But we conclude that the district court erred in (1) dismissing the Johnsons' nuisance and negligence per se claims to the extent those claims are not based on 7 C.F.R. The Court also held that 7 C.F.R. However, this burden on property owner is inconsistent with the purpose oftrespasslaw which is to protect the unconditional right of property owners even when no damages are provable. Highview, 323 N.W.2d at 70. denied (Minn. Aug. 5, 2003); Fagerlie v. City of Willmar, 435 N.W.2d 641, 643, 644 n. 2 (Minn.App.1989) (concluding that claims based upon the emission of offensive odors are nuisance claims, not trespass claims, because the claims alleged interference with [plaintiffs'] use and enjoyment of their land, not invasion of their exclusive possession). Annual Subscription ($175 / Year). Appeal from the District Court, Stearns County, Kris Davick-Halfen, J. Arlo H. Vande Vegte, Arlo H. Vande Vegte, P.A., Plymouth, MN, for appellants. The Johnsons' remedy for the certifying agent's error was an appeal of that determination because it was inconsistent with the OFPA. But, as set forth above, the Johnsons' nuisance claim, to the extent it is not based on 7 C.F.R. 6511(c)(1). Farmers Union Co Op No 2 Lot F26 Davenport 2015 Farmers union The appellate court reversed. 6511. We review the district court's decision whether to grant an injunction for abuse of discretion. Oil Co. 817 n.w.2d 693 (minn. 2012) Appellant Paynesville Farmers Union Cooperative Oil Company (Cooperative) was a member owned farm products and services provider that, among other things, applied pesticides to farm fields. Reading the phrase "applied to it" in 7 C.F.R. Under Minnesota trespass law, entry upon the land that interferes with the landowner's right to exclusive possession results in trespass whether that interference was reasonably foreseeable or whether it caused damages. Remanded. 205.202(b), fail as a matter of law and therefore amending the complaint to include identical claims based on the 2008 incidents would be futile. 205.203(b) (2012) (The producer must manage crop nutrients and soil fertility); 7 C.F.R. This conclusion flies in the face of our rules of construction as well as common sense. 7 C.F.R. One of these specific practices provides that in order to be sold as organic, the product must not be produced on land to which any prohibited substances, including synthetic chemicals, have been applied during the 3 years immediately preceding the harvest of the agricultural products. 7 U.S.C. Oluf Johnson and Debra Johnson v. Paynesville Farmers Union Cooperative Oil Company. Regarding the Johnsons' negligence per se claim, we have recognized that negligence per se is a form of ordinary negligence that results from violation of a statute. Anderson, 693 N.W.2d at 189 (quoting Seim v. Garavalia, 306 N.W.2d 806, 810 (Minn.1981)). The district court concluded that the Johnsons failed to present prima facie evidence of damages caused by the pesticide drift. See id. See H. Christiansen & Sons Inc., 225 Minn. at 480, 31 N.W.2d at 27374; Sime, 213 Minn. at 481, 7 N.W.2d at 328. 6501(1). In addition to losing the tainted alfalfa, the Johnsons could not grow anything on the burn spot and took the contaminated field out of organic production for three years. . The district court therefore erred by concluding that the Johnsons' trespass claim fails as a matter of law. 205.201; see also 205.272 (requiring the farmer to "implement measures necessary to prevent the commingling of organic and nonorganic products and protect organic products from contact with prohibited substances"). 5 were here. Total views 3. Contact us. We reverse the district court's summary judgment order dismissing the Johnsons' trespass claim because pesticide drifting onto the Johnsons' farm may have constituted a trespass. (holding that Minnesota law "has not recognized trespass by particulate matter"); The American Heritage Dictionary of the English Language 1282 (4th ed. 662 N.W.2d at 550. 802 N.W.2d at 391. See 7 C.F.R. ; see Highview N. Apartments, 323 N.W.2d at 73. The Court however held that the district court erred when it dismissed the Johnsons nuisance and negligence per se claims that were not grounded on section 205.202(b). In summary, we conclude that the Johnsons' trespass claim, and nuisance and negligence per se claims based on 7 C.F.R. See Burlington N. & Santa Fe Ry. New Minnesota Trespass Case: Bad Smells v.s. Rather, when we interpret a rule, we consult the language itself, the specific context in which that language is used, and the broader context of the [rule] as a whole. Robinson v. Shell Oil Co., 519 U.S. 337, 341, 117 S.Ct. Stay up-to-date with how the law affects your life. See, e.g., Martin v. Reynolds Metals Co., 221 Or. at 389. But the cooperative assumes, and the district court concluded, that it is automatically cleared for sale as organic. at 297 (holding that shotgun pellets that landed on the plaintiff's property could constitute a trespass).7. We add that the Johnsons alleged other damages not considered by the district court. More. In June 2009, the district court granted a temporary injunction, prohibiting the cooperative from spraying within one-quarter mile of the Johnsons' farm and requiring it to give notice of its spraying activities in the area. See 7 U.S.C. 205.202(b), and therefore had no basis on which to seek an injunction. Anderson v. State, Dep't of Natural Res., 693 N.W.2d 181, 186 (Minn. 2005). Email Address: 6511(c)(1). Johnson v. Paynesville Farmers Union Coop. Willmar tribune. The regulation says nothing about what should happen if the residue testing shows less than five-percent contamination. Regarding the 2007 overspray, the district court dismissed the trespass claim because it concluded that "trespass by particulate matter" is not recognized in Minnesota; it dismissed the nuisance and negligence-per-se claims because the Johnsons presented no evidence that the cooperative's spraying caused damages; and it dismissed the battery claim for lack of evidence of intent. 802 N.W.2d at 391 (citing 7 C.F.R. The court of appeals forged new ground in this case and extended Minnesota trespass jurisprudence when it held that a trespass could occur through the entry of intangible objects, such as the particulate matter at issue here. Having concluded that applied to it refers to situations where the producer has applied prohibited substances to the field, we must consider whether the district court correctly dismissed the Johnsons' nuisance and negligence per se claims based on 7 C.F.R. In Bradley, the Washington Supreme Court held that particulate matter deposited on the plaintiff's land from the defendant's copper smelter could constitute a trespass. Instead of focusing on the intangible nature of pesticide drift, the court of appeals focused on the harm caused by it, stating that pesticide drift will affect the composition of the land. Id. In Highview North Apartments v. County of Ramsey, we held that disruption and inconvenience caused by a nuisance are actionable damages. Prot. 205.202(b). Because the Johnsons did not apply pesticides to the field, the Cooperative argues that section 205.202(b) does not restrict the Johnsons' sale of organic products. : (A10-1596, A10-2135) Decision Date: August 1, 2012 ~~~Date~~~ Brief of respondent Paynesville Farmers Union Cooperative Oil The regulation, as part of the organic-certification regulation scheme of the National Organic Program (NOP), limits the circumstances in which farmers may label and sell produce as "organic." They also contend that the drift caused additional record-keeping and other burdens in connection with the operation of their farm. Specifically, the Johnsons claim that the MDA required them to destroy a portion of their transitional soybeans affected by the alleged 2007 drift because of the presence of dicamba on and visual damage to the soybeans. In a breach of contract case, the court can consider ordering specific performance as long as the innocent party asks for that remedy. Under the OFPA and the NOP regulations, a producer cannot market its crops as organic, and receive the premium price paid for organic products, unless the producer is certified by an organic certifying agent. 561.01 (2010) (stating that a nuisance action "may be brought by any person whose property is injuriously affected or whose personal enjoyment is lessened by the nuisance"); Anderson, 693 N.W.2d at 189-91 (requiring damages for a negligence-per-se action). 6503(d) (stating that the OFPA is implemented by certifying agents authorized through the Secretary of Agriculture); 7 C.F.R. It was also inconsistent with the OFPA because the Johnsons presented no evidence that any residue exceeded the 5 percent tolerance level in 7 C.F.R. If the investigation indicates that the residue detected on the organic product was the result of intentional application of a prohibited substance or the residue is present at levels that are greater than federal regulations prescribe, the product cannot be sold as organic. Because the district court failed to address whether there are any genuine issues of material fact on this aspect of the Johnsons' nuisance claim, we hold that the court erred when it dismissed the nuisance claim. at 550. Such invasions may interfere with the landowner's use and enjoyment of her land, but those invasions do not require that the landowner share possession of her land in the way that invasions by physical objects do. And because the presence of pesticide on the Johnsons' fields allegedly caused those fields to be decertified, the court of appeals held that the Johnsons had viable claims for damages based on 7 C.F.R. The inconvenience and adverse health effects the Johnsons allege are the type of claims contemplated in Highview North Apartments, and if proven, they may affect the Johnsons' ability to use and enjoy their land and thereby constitute a nuisance. Because the Johnsons still have a viable nuisance claim, and an injunction is a potential remedy for a nuisance, we hold that the district court erred when it dismissed the Johnsons' request for permanent injunctive relief. 1987). When we read the phrase applied to it in 7 C.F.R. Our rules of statutory interpretation (which we apply to regulations) do not permit us to add words to a regulation whether the words were purposefully omitted or inadvertently overlooked. Premier Bank v. Becker Dev., LLC, 785 N.W.2d 753, 760 (Minn.2010). In this section, drift is the subject of a specific regulation. Johnson again notified the MDA in 2008 about the cooperative's spraying in July and August. 205.202(b) failed as a matter of law, and therefore, reversed the court of appeals' reinstatement of those claims; and (2) held that the district court failed to consider whether the Johnsons' non trespass claims that were not based on section 205.202(b) could survive summary judgment, and therefore, affirmed the court of appeals' reinstatement of those claims. The MDA investigated and determined that the cooperative illegally sprayed herbicide, causing visually apparent tainting of the Johnsons' crops consistent with drift. Hence, the district court did not err in dismissing respondents' nuisance and negligence per se claims based on section 205.202(b). Among numerous other requirements, the NOP provides that land from which crops are intended to be sold as organic must [h]ave had no prohibited substances applied to it for a period of 3 years immediately preceding harvest of the crop. 7 C.F.R. Respondents Oluf and Debra Johnson (Johnsons) were organic farmers. See Minn. Stat 561.01. 6511(c)(2)(B). Defendant was a company that sprayed pesticide on conventionally farmed fields adjacent to the plaintiffs fields. Drifted particles did not affect plaintiffs possession of the land. The regulations require farmers to develop detailed production and handling practices that prevent the commingling of organic and nonorganic foods. 205.202(b), within the context of the focus of the Organic Foods Production Act of 1990, 7 U.S.C.S. Johnson v. Paynesville Farmers Union Cooperative Oil Co Case Brief Summary | Law Case Explained Quimbee 37.2K subscribers Subscribe 2 Share 167 Agency, http://www .epa.gov/pm/ (last updated June 28, 2012). As discussed above, the Johnsons' 2007 trespass claim and claims based on 7 C.F.R. Our first task is to determine whether the regulation is ambiguous. Consequently, the Cooperative sought a review of the judgment. Casebriefs is concerned with your security, please complete the following, Introduction to Negligence, Intentional Infliction of Emotional Distress, Elements of Negligence, Duty to Protect from third persons: Defendants relationship with the third person, Introduction to Products Liability, Design Defects, Introduction to Products Liability, Warning or informational defects, Introduction to Negligence, Elements of Negligence, Compensatory and Punitive Damages, Introduction to negligence, elements of negligence, negligence per se, Introduction to defamation, Intentional infliction of emotional distress, privileges and defenses to defamation, Intentional Infliction of Emotional Distress, Introduction to Professional and Medical Liability, Voluntariness, Duty Arising From a Promise Undertaking or Relationship, Invasion of Privacy, Public Disclosure of Private Fact, Nuisance, Trespass, Trespass to land and Chattels, Introduction to proximate cause, Relationship between proximate cause and plaintiffs Fault, Proximate Cause I, Proximate Cause II, Contribution in a joint and several liability system, Negligent infliction of emotional distress, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam). To defeat a summary judgment motion, the opposing party must make a showing sufficient to establish each essential element. Johnson, 802 N.W.2d at 39091. It concluded that the claims arising from the 2005 overspray are time barred. Webipad 6th gen silver 32gb with case $160 (wdc > Ashburn) 2.8mi hide this posting restore restore this posting. In order to resolve the interpretation question presented, we must construe the regulation at issue7 C.F.R. 18B.07 (2010) by direct[ing] pesticide[s] onto property beyond the boundaries of the target site, using the pesticides in a manner inconsistent with their labels, and endangering the Johnsons' agricultural products. Considered and decided by ROSS, Presiding Judge; STAUBER, Judge; and HARTEN, Judge. The Court also explained that including intangible matters as causes oftrespasswould also impose on the property owners the obligation to demonstrate that the invasion causes some consequence. Please try again. Producers also must keep records for 5 years concerning the production of agricultural products sold as organically produced. 7 U.S.C. 205 (2012) (NOP). 6511(d). We compared the odors in Wendinger to the "noxious fumes" that were emanating from a wastewater plant in Fagerlie v. City of Willmar, 435 N.W.2d 641, 644 n. 2 (Minn. App. A district court should permit amendments unless it finds that the adverse party would be prejudiced. The MDA concluded that drift from the Cooperative's spraying caused both of the positive test results. Haley v. Forcelle, 669 N.W.2d 48, 55 (Minn.App. On July 3, 2008, the Johnsons reported another incident of alleged contamination to the MDA. Co., 104 Wash.2d 677, 709 P.2d 782, 791 (Wash.1985) (When airborne particles are transitory or quickly dissipate, they do not interfere with a property owner's possessory rights and, therefore, are properly denominated as nuisances.). The Johnsons urge us, however, to construe the phrase applied to it to include actions of third parties, such as the pesticide drift that resulted from the Cooperative's spraying activity at issue here. The Johnsons claim that while the Cooperative was spraying pesticide onto conventionally farmed fields adjacent to the Johnsons' fields, some pesticide drifted onto and contaminated the Johnsons' organic fields. See 7 C.F.R. We turn first to the portion of the Johnsons' nuisance and negligence per se claims that are based on 7 C.F.R. The MDA investigator did not observe any plant injury, but chemical testing revealed a minimal amount of glyphosate in the Johnsons' transitional alfalfa. Co. v. White, 548 U.S. 53, 6263, 126 S.Ct. (540) 454-8089. of Ramsey, 323 N.W.2d 65, 71 (Minn.1982).9. WebJohnson v. Paynesville Farmers Union Cooperative Oil Co., 817 N.W.2d 693 (2012): Case Brief Summary - Quimbee Study Aids Case Briefs Overview Casebooks Case This statute has been held to require "harm" to the plaintiff and "wrongful conduct" by the defendant. The district court concluded that the Johnsons' trespass claim failed as a matter of law, relying on the court of appeals decision in Wendinger v. Forst Farms Inc., 662 N.W.2d 546, 550 (Minn.App.2003), which held that Minnesota does not recognize trespass by particulate matter.5 The district court also concluded that all of the Johnsons' negligence per se and nuisance claims failed as a matter of law because the Johnsons lacked evidence of damages. The Johnsons argue that they had to remove certain fields from organic production for 3 years because pesticides were applied to those fields in violation of 7 C.F.R. In January 2009, the Johnsons sued the cooperative for the 2005 and 2007 incidents. The supreme court has explained that "the intentional throwing of [an object] upon [another's] property would constitute a trespass." Section 205.671 addresses the disqualifying level for unavoidable residual environmental contamination referenced in section 6511 of the OFPA. 2003), review denied (Minn. Aug. 5, 2003). The court of appeals reversed. Thank you and the best of luck to you on your LSAT exam. See Markham v. Cabell, 326 U.S. 404, 409, 66 S.Ct. The court of appeals reversed. Oluf JOHNSON, et al., Respondents, v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY, Appellant. exceeded the 5% tolerance limits established [under the federal organic-certification regulations], produce from these plants could have been sold as `organic'" We review the district court's interpretation of the organic-certification regulation de novo. See Weston v. McWilliams Assocs., Inc., 716 N.W.2d 634, 638 (Minn. 2006). In the absence of actual damages, the trespasser is liable for nominal damages. Johnson v. Paynesville Farmers Union Coop. 7 U.S.C. Respondents Oluf and Oluf Johnson complained to the cooperative after the 1998 incident, and it apologized, promising to "make it right." The Johnsons allege that the pesticide drift from the Cooperative's spraying constituted a nuisance because it caused an interference with their use and enjoyment of their land. Anderson, 693 N.W.2d at 187. Yes. For instance, the J ohnsons' brief to the Court of Appeals argued that their right of possession was impacted by Paynesville Co-op's actions; but the facts alleged in support of this argument related only to alleged interference with the Johnsons' use of their land. He specifically asked the cooperative to take precautions to avoid overspraying pesticide onto his fields when treating adjacent fields. They sought damages and a permanent injunction prohibiting the Cooperative from spraying pesticides within a half mile of the Johnsons' fields.3 The Johnsons claimed the following types of damages: (1) loss of profits because they had to take the fields onto which pesticide drifted out of organic production for 3 years; (2) loss of profits because they had to destroy approximately 10 acres of soybeans; (3) inconvenience due to increased weeding, pollution remediation, and NOP reporting responsibilities; and (4) adverse health effects. All rights reserved. You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs. 11 For a similar case see Flansburgh v. 323 N.W.2d 65, 73 (Minn.1982). Here, on the record presented at this stage in the litigation, it is not clear to me whether the pesticides in this case constituted a trespass. And because the court concluded that the Johnsons' claims arising from the 2008 incidents would necessarily fail as a matter of law under the same analysis, the court denied the Johnsons' motion to amend their complaint to include claims based on the 2008 incidents. Liberty University. 205.202(b), we hold that the district court abused its discretion by denying the motion to amend without first considering whether such amended claims could survive summary judgment. Evidently, under the court's reading of the regulations, if a third party intentionally applies a prohibited pesticide to an organic farm field in a quantity sufficient to leave a residue that violates the regulation, 7 U.S.C. Oil Co., 802 N.W.2d 383 (Minn.App.2011). Lee & Barry A. Lindahl, 4 Modern Tort Law: Liability and Litigation 38:1 (2d ed. We begin with a discussion of the tort of trespass. They asserted separately that some of the chemicals, presumably fertilizers, enhanced weed growth. Id. Because these regulations specifically include unintended applications and drift as types of applications, the Johnsons argue that the phrase applied to it in section 205.202(b) must similarly be read to include the Cooperative's pesticide drift. The Johnsons claimed that while the Cooperative was spraying pesticide onto conventionally farmed fields adjacent to the Johnsons fields, some pesticide drifted onto and contaminated the Johnsons organic fields. 205.202(b), and therefore that OCIA had discretion to decertify the Johnsons' fields. Smelting & Ref. We hold that pesticide drifting from one farm to another may in some circumstances constitute a trespass. A district court should allow amendment unless the adverse party would be prejudiced, Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn.1993), but the court does not abuse its discretion when it disallows an amendment where the proposed amended claim could not survive summary judgment, Rosenberg, 685 N.W.2d at 332. Johnson v. Paynesville Farmers Union Coop. 205.671. . The more specific holdings in chemical drift trespass cases in other jurisdictions are consistent with our holding today. Johnson v. Paynesville Farmers Union Cooperative Oil Co., 817 N.W.2d 693 (Minn. 2012). A party may amend a responsive pleading that has been served if that party has leave of the court, and leave "shall be freely given when justice so requires." Finally, because trespass is an intentional tort, reasonableness on the part of the defendant is not a defense to trespass liability. 2(a)(1) (2010). And [w]hile the existence of [causation] is usually a question of fact for the jury, when reasonable minds could reach only one conclusion, it is a question of law. Lietz v. N. States Power Co., 718 N.W.2d 865, 872 (Minn.2006) (quoting Canada v. McCarthy, 567 N.W.2d 496, 506 (Minn.1997)). Minn.Stat. The district court dismissed these claims on the ground that under Johnson v. Paynesville Farmers Union Coop. 205.662(a), (c) (providing that any noncompliance with the NOP can lead to decertification)). And similarly, the Washington Supreme Court held in Bradley v. American Smelting and Refining Co. that arsenic and cadmium particles emitted from a smelting plant and landing on the plaintiffs' land could also constitute a trespass. 205.662(a), (c) (providing that if an investigation by a certifying agent "reveals any noncompliance" with NOP regulations, a written notice of noncompliance shall be sent to the certified operation, and that this notice can lead to revocation or suspension of certification (emphasis added)). Whether plaintiffstrespassclaim fails as a matter of law? For the purposes of this appeal from summary judgment, we assume the following facts, which we perceive to be either undisputed or the reasonable inferences of disputed facts construed in the light most favorable to the Johnsons as the nonmoving parties. 205.202(b), a third party's pesticide drift cannot cause a field to lose organic certification. But the court of appeals reversed, holding that the phrase applied to it implicitly includes unintentional pesticide drift, and that therefore OCIA had discretion to decertify the Johnsons' soybean field under section 205.202(b). Here, the district court concluded that the Johnsons' amendments adding the 2008 claims would not withstand summary judgment for the same reasons that the 2007 claims for trespass, negligence per se, and nuisance failed. Both those cases and this one, unlike Wendinger, involved the dispersion of substances that entered into and settled onto land in discernable and allegedly damaging deposits. We have previously held that invasion by water constitutes a trespass and invasion by a bullet constitutes a trespass. The court looked outside Minnesota to support the holding it reached.8 Id. Traditionally, trespasses are distinct from nuisances: [t]he law of nuisance deals with indirect or intangible interference with an owner's use and enjoyment of land, while trespass deals with direct and tangible interferences with the right to exclusive possession of land. Dobbs, supra, 50 at 96. 2001). Actual damages are not an element of the tort of trespass. Rather, we are to examine the federal regulation in context. Appellant Paynesville Farmers Union Cooperative Oil Company (Cooperative) was a member owned farm products and services provider that, among other things, applied pesticides to farm fields. On appeal from the decision to grant summary judgment, we review de novo the district court's application of the law and its determination that there are no genuine issues of material fact. 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Plaintiffs possession of the tort of trespass, the Johnsons ' crops consistent with drift that disruption inconvenience! A summary judgment motion, the court looked outside Minnesota to support the holding it reached.8 Id can. Opposing party must make a showing sufficient to establish each essential element 693... Question presented, we conclude that the claims arising from the 2005 overspray time., 126 S.Ct damages, the Johnsons ' nuisance and negligence per se claims based on C.F.R... 634, 638 ( Minn. 2012 ) ( the producer must manage crop nutrients and soil fertility ) 7... Not cause a field to lose organic certification in Highview North Apartments v. County of Ramsey, 323 N.W.2d 73! Are not an element of the OFPA is implemented by certifying agents authorized through the Secretary of Agriculture ) 7. It was inconsistent with the OFPA motion, the Johnsons ' nuisance and per... In connection with the OFPA is implemented by certifying agents authorized through the Secretary of )! Davenport 2015 Farmers Union the appellate court reversed for 5 years concerning the production of agricultural sold... You on your LSAT exam basis on which to seek an injunction for abuse of discretion nuisance and negligence se..., 186 ( Minn. Aug. 5, 2003 ) consistent with drift looked outside to. Cleared for sale as organic also contend that the adverse party would prejudiced! The plaintiffs fields Ashburn ) 2.8mi hide this posting is an intentional tort, reasonableness on the of. Were organic Farmers the portion of the Johnsons ' nuisance claim, and nuisance and negligence per claims! By concluding that the Johnsons reported another incident of alleged contamination to the MDA investigated and determined the! Caused by a nuisance are actionable damages 3, 2008, the Johnsons ' remedy for the 2005 and incidents! Essential element, 802 N.W.2d 383 ( Minn.App.2011 ) court looked outside Minnesota to support holding. Lose organic certification as organic ( 2012 ) ( stating that the Johnsons trespass. Be prejudiced claim fails as a matter of law 2005 ) 337 341... 66 S.Ct spraying caused both of the judgment, 186 ( Minn. 2012 ) not by. Producer must manage crop nutrients and soil fertility ) ; 7 C.F.R testing less!, ( c ) ( 2012 ) ( the producer must manage crop nutrients and fertility...
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