As some of my readers might recall, I am on the Committee on Animal Law (”CAL”) for the New York State Bar Association (”NYSBA”). The webcast from the CAL annual meeting is now available online free for Members.   If an attorney would like to recieve MCLE credit, NYSBA members can pay $75 and nonmembers can pay $125.  There are also materials available for download online from the conference. 

The presentation covers “Hot Topics in Animal Law” including issues concerning wildlife, estate planning, dog breed specific ordinances, and custody issues in a divorce.  I was unable to attend this meeting last January because I was stuck in Court that day (ironically for a dog replevin case).  I watched the presentation tonight in its entirety and found it to be very informative.   

Over the last six months, I have been blogging a lot about livestock animal welfare issues.  Last month, I wrote this blog that contained a checklist for New York livestock producers when they are confronted by a peace officer that wants to investigate their property for animal abuse.  Today I posted this article on JD Supra that describes in more detail what New York livestock owners should and should not do when a non-police officer comes to investigate for livestock animal abuse.  In this article, I stressed how important it is for farm families to sit down and discuss “a plan” before they are confronted with a search by either a police or non-police officer and memorialize this plan in an employee handbook.  Livestock operations should talk to farm employees and family members involved in the operation on an annual basis. 

Notably, this article is New York specific; however, the livestock producers all over the country should seek legal counsel on this issue specific to the livestock animal laws in their state.  Several states, like New York, allow duly incorporated animal societies to obtain warrants to search and seize livestock.  It is important for livestock producers to understand livestock animal welfare laws in their state and develop a “plan” according to these laws with their local attorney. 

Yesterday, I noted how much I enjoyed this article in January’s SimTalk.  I also recommend reading Marty Ropp’s article titled “Winning At Any Cost?” in the Register published this month.  In this article, Marty mentioned the abuses that take place in the show livestock industry.  Specifically, he stated that “the use of illegal drugs on livestock, inhumane practices such as cosmetic surgeries and the injection of air or other substances under the skin of livestock need to stop.”  Of course Marty notes (and I agree), that the livestock people that participate in these types of unethical (and sometimes illegal) practices are few and far between. However, it would be naive to believe that there are not livestock showmen (and women) that use cosmetic surguries and illegal drugs on their animals. 

I grew up around the show cattle industry.  I admit that I have boxes and boxes of trophies, platters and ribbons from my family’s show success.  Sure- it was fun to win but what is interesting is that my memories of showing cattle throughout my youth have very little to do with winning XYZ show.  I remember getting up at 3:30am with my family so we could be the first people on the washrack at State Fair.  I remember my mom teasing my heifer’s tail (that just aged me– yes, I was showing way back in the day when we still put the tails in teased balls) while my dad was doing touch-up clipping.  My grandpa was there helping me change my heifer’s show halter while my grandma was taking a bunch of pictures of my brother and I in our Wrangler jeans and Justin boots.  I remember having water fights at the county fairs, playing euchre and spades on the showbox, and meeting lifelong friends.  These are my memories– not the fact that won a certain show on a particular day.  I say this to you parents out there who want to give your children the best and want them to win at all cost, even if it means cosmetic surguries or using illegal drugs.   No– give them your time and your energy.  That is what they will remember. 

And for you showman out there, I have always felt that the show industry should represent the commercial industry as a whole.  I believe that behind every great show steer is a great cow.  And behind that great cow is a great bull.  And those superior genetics should be infused into the commercial industry to produce high quality, more efficient livestock for harvest.  It does not help the agriculture industry gain anything postive when show livestock are manipulated surgically or given illegal drugs.  Real success in this great livestock business is becoming savy with cards that you have in your hand.  Hone in on the proper genetics.  Seek advise from nutritional experts.  Spend the time in labor that it takes to have a successful show animal.  Don’t cross that ethical line that will not only hurt your family’s reputation, but will also hurt the industry as a whole. 

Finally, over the last 9 months I have recieved a lot of questions about livestock animal welfare laws.  I am shocked at the amount of authority that many states give non-police officers to search and seize livestock that are being abused.  Duly incorpated animal societies in several states, including New York, can obtain warrants to come on livestock operations and investigate animal abuse.  Everytime I turn around, I am reading another article talking about the negatives of modern agriculture.  We need the agriculture industry to act in concert against this movement and these types of animal abuses that take place in the show industry cannot be tolerated.  Not only is livestock abuse a crime in most states but the agriculture industry has to restore confidence again to the American consumer.  Anybody who participates in these types of activies is extremely short-sighted.

I love the show industry.  I believe that heaven will have the Denver stockyards, the beautiful green sawdust from Louisville, the smell of final bloom, and fuzzy black show steers.  But let’s not get so caught up in winning the belt buckle that we forget to see the forest for the trees. 

For those of you that know me personally, you know that I am a big supporter of the Simmental cattle industry.  It’s the breed of cattle that my family raises and grew to love the breed throughout my childhood.  I also spent some time in Bozeman, Montana interning at the association’s headquarters.  Last night, I was catching up on reading the latest SimTalk and the Register and there were two articles that I particularly enjoyed that I wanted to share. 

I especially loved the article by Dr. Val Farmer in the January 2010 SimTalk titled “Seven Ways to Make Dad’s Retirement Easy –Er –Easier.”  Estate and sucession planning has become a new passion of mine over the last few years and I believe it is critical for farm and ranch families to address this issue head-on.  In fact, just yesterday I ordered a fancy little Estate binder from Blumberg for my parents because I want to make sure they have all their legal documents in order so I can easily access whatever I need.  In Dr. Farmer’s article, he doesn’t really go into estate planning issues; instead, he addresses more of the succession issue with farm management.  As more children “leave the farm,” we have a problem that younger generations are not prepared and/or interested in taking over the farm or ranch.  Estate and succession planning go hand-in-hand for agriculture operations and both are equally important. 

Dr. Farmer lists the following 7 ways to make this transition go more smoothly:

1.  Volunteer to take over — He notes that the younger generation shouldn’t be afraid to take on management responsibilities, particularly when parents are on vacation or attending an agriculture meeting/convention.

2.  Enlist Mom’s help –Dr. Farmer feels that farm and ranch mothers can play a big role on getting the couple out to community functions or weekly two-steppin’ classes at the local dancehall.  He notes that it is important for farm parents to be involved in these types of activities well before they reach 65.

3.  Work toward open and democratic decision-making — Dr. Farmer admits that “Dad” might be set in his ways and might not like giving up control of the livestock operation; therefore, it is important to have open lines of communication and keep the decision-making process democratic.

4.  Be prepared to take over — Dr. Farmer notes that unless the younger generation takes initiative and demonstrates ability, the parents will never see him/her ready to take over the farm or ranch.  He notes how important it is for the sons and daughters to show initiative wherever they can even if it is in a niche area such as marketing, website design, or machinery repair.

5.  The next generation can also develop interest away from the farm — Dr. Farmer realizes the importance for the younger generation to get involved in the community and agriculture organizations.  

6.  Be tactful - Too often conflict gets in the way of open lines of communication and emphasized how important it is for farm families to discuss disagreements.

7.  Believe in yourself - Finally, Dr. Farmer stressed the importance for the younger generation to believe in his/her ability to take over the farm or ranch.

These are issues that I have started talking to my own parents about as they are transitioning to retirement age and I am confronted with the reality that at some point in the future my brother and I will need to be adequately prepared to take over my family’s Simmental operation.  The dynamics of farm families are quite interesting and no two situations are the same.  Make 2010 the year that you sit down as a family and discuss whether the children and/or grandchildren are interested taking over the farm or ranch and how the family can help make that transition smoothly.

What is the second article that I enjoyed reading last night in the Simmental Register?  Check back in tomorrow.

I make no secret on this blog my love for the cattle industry and activity with the National Cattlemen’s Beef Association’s (”NCBA”) Young Producers’ Council.  I will continue to serve as YPC’s Public Relations Chair for 2010.  Please let me know if you are interested in joining the Public Relations Team as I would like to have a conference call next month.  My vision for the Committee is to help get YPC members out into their local media (e.g., newspapers, magazines, radio stations, new stations) and provide the necessary media & policy training to do so.  Additionally, I would like for the Task Force to continue efforts in social media including the Cattle Call blog, Facebook, Twitter, LinkedIn, and YouTube.

Recently Katie Couric’s CBS special on antibiotic use on livestock has the agriculture industry (particularly the National Pork Producers Council) once again defending its practices to American consumers.  The National Cattlemen’s Beef Association (”NCBA”) sent Dr. Michael Apley, a veterinary clinical pharmacologist from Kansas State University to Washington to visit with Congress about the use of antibiotics in the beef industry and visit with Rep. Louise Slaughter (D-NY) and Rep. Leonard Bosell (D-IA) about the house bill (H.R.1549 ) to ban the use of antibiotics in livestock.

I have had clients of mine here in New York City ask me about antibiotic use and where I buy my meat.  I respond by saying that I have no problem eating meat from animals who were given antibiotics.  I believe that it is perfectly safe and I feel comfortable feeding my family the same thing.  We have the safest food industry in the world — and this is partly due to the fact that our Food and Drug Administration (”FDA”) is putting up safeguards to ensure that antibiotic use on livestock is safe for the American consumer.  I tell my clients that I have no issues with the organic industry and if it makes them feel safer to buy locally raised, organic meat then that is great.  It will cost more and won’t be as convenient but it’s completely fine to support the organic industry.  I believe that the agriculture industry needs to continue to provide these options to consumers. 

As for where I buy my meat?  The Gristedes on 89th and Lexington.  We’ve been through a lot together.  That grocery store got me through law school and the bar exam.  It’s only a block away from me and the grocery delivery guys know me personally (I’m still a small-town girl at heart). 

In all seriousness, I believe that meat is safe no matter where you buy it or who produced it or how large of an operation it was produced on.  We have very stringent food safety regulations in this country.  I think it is wonderful if people want to shop at Whole Foods (I’m a fan myself), attend their local farmer’s market, or purchase organic meat directly from a local livestock producer.  But none of these purchases are more or less safe than the meat I buy at my local Gristedes.

I came across numerous blogs on both sides of the issue.  I was going to post some links here but have decided against it.  I think it is important for people to look at the issue as a whole and really delve into the facts themselves.  Don’t take a journalist’s view at face value.  Ask these questions before deciding where you stand on this issue: 

- Is antibiotic use scientifically correlated to any human health problem?  How heavily has this issue been researched?

- What is the FDA currently doing to regulate antibiotic use with livestock?

- How expensive are antibiotics? 

- What frequency do livestock producers currently use antibiotics? 

- Can livestock producers get as much antibiotics as they need or is a prescription needed from a licensed veterinarian?

- What financial hardship does antibiotic overuse create for livestock producers?

- How prevelant will disease be if livestock producers cannot use antibiotics?  How will this affect our food supply?

- What education is available to livestock producers to make sure they understand how to properly administer antibiotics?  Are livestock producers participating in these educational opportunities?

So what did you find out?  What are the real facts behind antibiotic use in the livestock industry?

This past week I was asked this very question and it made me think about the connection between urban development and our children who grew up in production agriculture who later leave the farm only to get a job in a metropolitan area.  In this blog, I mentioned that this issue is creating a problem for agriculture estate and succession planning as some farmers and ranchers do not have children trained and/or interested in taking over the agriculture operation.  As my parents age and I am 1000 miles away, I cannot help but think about this succession issue with my own family’s cattle operation. 

As I write this blog from the most densely concentrated city in the United States, I believe that cities should be built up instead of out and our farmland should be preserved as much as possible.  I realize that I am someone ”who left the farm to move to the city,” but as an agriculture attorney I still feel very deeply connected to the farm and hope to one day be more intimately involved in production agriculture (for myself and my children).  I do not believe that urban development is the reason why I have chosen to hang my hat in NYC instead of Shelbyville, Illinois but I do understand how urban development is affecting our rural economies and making it increasingly difficult for younger generations to stay on the farm or ranch.  (This is part of the reason why I support the current efforts to bring broadband to rural areas). 

If you study the results from the Census of Agriculture from the U.S. Department of Agriculture (”USDA”) National Agriculture Statistics Service (”NASS”) (@USDA_NASS), the number of livestock operations and acres in production have continued to decrease.  I encourage you to look at the statistics for your county from the 2007 report. 

Statistically, there are less and less full-time agriculture producers and increased pressures to depend on off-farm income.  I grew-up this type of operation.  Throughout my childhood, my parents both worked full-time and came home each night to do chores.  I respect the work ethic, devotion, and love for the agriculture business to maintain this type of schedule over a lifetime; however, it does make it difficult for children on these operations to feel that it is possible to go back to the farm and help it grow large enough to financially support them full-time.  Furthermore, urban development and the subdivision of land is making farmland significantly more expensive.  This puts up a financial hurdle for younger generations who wish to go back to the family farm.

I recently asked my “ag tweeps” on Twitter whether urban development was making it hard for our kids to stay on the farm.  Here is what they had to say:

@KennedyNick - “Yes.  It has created a buffet of jobs that make it easier to make a living.  Why go back to the farm and work those hours.”

@DatilCowman - “Not only has [urban] development affected [our] children’s ability [to leave the farm] but also their desire . . . .”  This longhorn rancher in New Mexico believes there’s not enough money in farming right now and there is too much subdivision.

@cornwuff - “There was no room to grow in my urbanized area that my hometown had become[; therefore,] I did not return to the farm.”

@AzHunderPony -  “I think urban development has trashed farm life’s sound traditions for our youth.”

@CowgirlOasis remembers when her grandmother wrote to the county government regarding the development of a road in 1936 across her land.  “[J]ust lost more in 2008 due to expansion.”  This Arizona cowgirl continued to note that the philosophy in her county is that “if land is undeveloped then it’s a candidate.”

@DayAngus - “Yes, urban development in IL is swallowing up the best farmland.  Next generation cannot afford the outrageous price of land.”

If you are interested in this topic, I encourage you to read the thorough report published in 2001 by the USDA’s Economic Research Service (”ERS”) titled “Development at the Urban Fringe and Beyond:  Impacts on Agriculture and Urban Land.”  I was shocked to learn that between 1960 and 1990, urban expansion claimed more than 1 million acres per year; yet, as the article points out, urban sprawl is not viewed as a major threat to agriculture.  This article gives an excellent overview of the types of urban growth, the costs of urban growth (e.g., infrastructure, transportation, taxes, environmental changes, impacts on open space and sense of community), and consequences on farming.  It also gives a brief summary of “smart growth,” which is a land use and zoning tool used in urban and suburban communities, and discusses the role of the federal government to help slow urban development. 

So what do you think?  Is urban development making it too difficult for our children to stay in production agriculture?

If you remember last fall in this blog, I highlighed various livestock animal cruelty laws in New York.  Like this Long Island horse breeder, many livestock producers in New York are wondering if they will be next.  It is important for livestock producers in New York to understand that duly incorporated animal societies (principally the New York Society Preventing Animal Cruelty (”SPCA”)) are able to obtain warrants from a magistrate judge upon showing reasonable cause that farm animals have failed to recieve care and handling (e.g., necessary food, water, shelter and veterinary care).  As “peace officers” these people can legally search and seize livestock on your property. 

Livestock producers are recommended to do the following if somebody identifying themself as an animal control officer shows up asking to look around your property:

1.  Ask to look at the warrant;

2.  Take time to read the warrant;

3.  Pay special attention to the scope of the warrant (i.e., is the warrant for allegely abused dogs in your backyard or chickens in your barn);

4.  Ask for identification;

5.  Take notes during the investigation (e.g., time, date, duration, where the peace officer visited, whether there was a video camera, condition of livestock, identification of livestock seized, whether there was property damage); and

6.  Call your local sheriff if the peace officer does not have a warrant and refuses to leave (or is investigating outside the scope of the warrant).

Finally, contact an attorney you know and trust.  Every livestock producer should know an attorney that they can call when put in this situation.  Criminal farm animal cruelty charges can be very serious and should not be taken lightly.

Last week on #AgChat on Twitter, @RinckerLaw posed this question to the “ag tweeps” during the forum discusssing animal care issues.  You can read what folks on Twitter had to say on this question here.  @CowNutritionist and @rosehartshuh both liked what Ohio did last fall with the creation of the Ohio Livestock Care Standards Board.  @Amsjost believes that every farm should go through a government inspection (@CapitalPress agreed that this would be interesting) while @AgriBlogger believes there are already too many laws in place governing farm animal welfare.  @theSDCowgirl believes that farm animal welfare is best regulated at the state level while @chicknafoxhole didn’t believe that legislators understand farm animal care.  @KMRivard believes there should be species specific regulations on farm animal care for each state.

You can read the full archived discussion here on this question (click here for the complete archived discussion on farm animal care).  So what you do think?  What are some changes in farm animal care laws that should take place at the federal and/or state level?  Should we all follow in Ohio’s footsteps?  In some states, is there a better answer? 

I have been asked to be a panelist to speak on agriculture law and policy issues at the Sigma Alpha/Alpha Gamma Rho Leadership Seminar in Philadelphia, Pennsylvania on February 20th from 1:15 to 2:45 pm at the Holiday Inn - Historic District Hotel located at 400 Arch Street.  I’m really excited about this event for a few reasons. 

First of all, I haven’t spent much time in Philly since I interned at the Philadelphia District Attorney’s Office after my first year of law school.  Philly is a great city and I particularly love the area near City Hall.  I remember going to a Phillies baseball game and spending a lot of time around the University of Pennsylvania.  I really enjoyed my time there and I particularly loved getting some exposure to criminal law.  I’m going to make sure to get a Philly cheese steak sandwhich while I’m in town at either Pat’s or Geno’s in South Philly.

Second, I am excited to participate in this leadership seminar with the most renown agriculture sorority and fraterity in the country.  Sigma Alpha and Alpha Gamma Rho (”AGR”), a sorority and fraternity respectively, do some wonderful work promoting agriculture at the college level.  I never joined a sorority in undergrad because:  1) my livestock judging team became my own family in college, and 2) Texas A & M University didn’t have a strong Greek presence.  However, because of my graduate experience at the University of Illinois, I know that sororities and fraternities are a big part of the undergraduate experience at many universities throughout the country.  My brother was an AGR member at Southern Illinois University in Carbondale, Illinois and he still feels a strong sense of brotherhood with his fraternity.  

Third (and most importantly), I am looking forward to talking about agriculture law and policy issues to young leaders in agriculture.  The panel will be speaking on the following issues:

1) urbanization vs. production agriculture land use;

2) animal agriculture and public relations;

3) runoff and groundwater concerns;

4) impact of carbon reduction policies on farmers;

5) renewable fuels; and

 6) impact of education funding cuts to agriculture education.

I am looking forward to participating.  If you have questions about the event you can contact Jessica Andersen at jessica.j.andersen@gmail.com.