The U.S. Department of Agriculture (“USDA”) Economic Research Service (“ERS”) reports to the Under Secretary of Research, Education and Economics.  ERS is a social science research agency communicating findings via briefings, analyses and major reports for issues relating to agriculture, food, natural resources, and Rural America.  Structurally, it has four divisions:

1.  Food Economics Division (with Branches on Diet, Safety and Health Economics, Food Assistance and Food Markets);

2.  Information Services Division (with Branches on Applications Development, Information Technology Services, Publishing Services, Research Support);

3.  Market and Trade Economics Division (with Branches on Agricultural Policy and Models, Animal Produces and Cost of Production, Crops, Food Security and Development, International Demand and Trade); and,

4.  Resource and Rural Economics Division (with Branches on Agricultural Structure and Productivity, Farm and Rural Business, Farm and Rural Household Well-Being, Production Economics and Technology, and Resource, Environmental and Science Policy).

Specifically, ERS conducts research on animal products (e.g., marketing issues, aquaculture, dairy, eggs, etc.), crops (e.g., corn, cotton, sugar), farm economy (e.g., farm labor, federal tax, land use), farm practices and management (e.g., biotechnology, irrigation), food and nutrition assistance (e.g., SNAP, WIC, food security, child nutrition), food choices and health (e.g., obesity, access to food, food labeling), food markets and prices (e.g., local food movement, food consumption), international markets (e.g., trade policy, global food security), natural resources and environment (e.g., climate change, conservation programs, organic agriculture), and rural economics (e.g., migration, rural poverty).

Here are some conversation starters:

1.  Does everyone have legally operative estate planning documents such as a Last Will and Testament, Power of Attorney, Health Care Proxy, Living Will, and (if appropriate) a Revocable Living Trust?

2.  Are there any changes that need made to the estate planning documents? When is the last time that everyone has had a formal estate planning review?

3.  Where does your family keep their signed original copies of these documents? I suggest that family members exchange scanned versions of these documents and keep either in a binder that is easily accessible or a jumpdrive on your keychain. It is important that family members have the contact information for the attorney(s) who drafted the documents.

4.  Are there any surprises in the Last Will and Testament that need discussed? For example, is the farm or family business going to be left solely to the children who are actively working on the farm?

5. Is your family prepared for the unexpected? Play out scenarios out over the dinner table.  What if Grandpa died?  What if Father and Mother died tomorrow in a car accident?  Who would manage the farm?  Do those people know where the farm records are kept?

6.  Are there any issues that need to be discussed regarding retirement?

I took this photograph at the Dixon Springs Beef Center while completing my Masters and the University of Illinois.

As I mentioned in this article, this outline,and this PowerPoint presentation, there are three types of embryo transfer (“ET”) contracts with livestock.  I developed a questionnaire for clients interested in obtaining a Recipient Agreement with either beef or dairy cattle, the most common type of ET contract.  You can find it here.

I work on a flat fee basis with ET contracts.  I will help develop a contract specific to your operation that you can use with similar transactions.  If you’d like to get started, please complete the Recipient Agreement Questionnaire and send it to my office.  The other types of ET contracts are Breeder Agreements and Flush Agreements.

The U.S. Department of Agriculture (“USDA”) National Institute of Food and Agriculture (“NIFA”)  reports to the Under Secretary of Research, Education and Economics.  NIFA aims to advance knowledge for agriculture, the environment, and human health by funding research, education, and cooperative extension.  This subagency was created by Congress in the 2008 Farm Bill and replaced the former Cooperative State Research, Education and Extension Service.

NIFA’s research is in the area of:

1.  agricultural systems (e.g., farm safety, manure management, organic agriculture, sustainable agriculture);

2.  livestock (e.g., animal breeding, animal well-being, aquaculture, animal health),

3.  biotechnology and genomics (e.g., plant breeding, animal genomics),

4.  economics and community development (e.g., farm financial management, financial security);

5.  education (e.g., 1890 Land Grant Programs including Cornell University, Higher Education Programs, Hispanic Serving Institutions);

6.  families, youth and communities (e.g., Youth Development and 4-H, Urban Protections, Child Care & After-School Programs, Family & Consumer Sciences);

7.  food, nutrition and health (e.g., food safety, health and wellness, obesity, food security);

8.  international (e.g., global engagement);

9.  environment and natural resources (e.g., air quality, ecosystems, forests, soils, water, wildlife and fish);

10.  pest management (e.g., pesticides, pest management);

11.  plants (e.g., horticulture, plant breeding); and

12.  technology and engineering (e.g., precision agriculture).

The CSA Agreement should specify how long the “growing season” will last (e.g., 20 weeks), the products available (e.g., egg share, vegetable share) and whether the subscribers will receive a guaranteed minimum amount of food for that share (e.g., pounds of meat per week, dozen eggs per week).  The following are a few additional issues that should be discussed in the CSA Agreement:

Price/Payment Methods.  Not only does a farm need to decide the price per share, but it needs to determine whether:  (1) it will have a sliding scale based on family income, (2) it will accept a payment plan on a monthly or weekly basis, (3) it will accept payment via credit card, PayPal, and/or Google Checkout, (4) offer “half shares”, (5) it will charge a fee to deliver to the home directly, (6) it will charge a penalty for late payments, and/or (7) accept EBT (must obtain certification to do so).

How a Share is Defined. What quantity of food product should the shareholder reasonable expect?  Is it measured by a box, basket, bag, etc. or a percentage of the harvest?

Subscriber’s Risk with Harvest. The CSA Agreement should note that the subscriber bears the risk of a partial or total crop failure due to drought, flood, insects or other conditions that may reasonably impact production.  Although the CSA Agreement should state that the farmer will use reasonable efforts to generate a successful harvest, the actual quantity will vary according to the myriad of factor that affect a harvest.  Put simple, the agreement should state that the subscriber is sharing these risks.

Subscriber’s Benefit from Successful Harvest. On the flip side, the agreement should state that the subscriber will already reap the benefits of a better than expected harvest season.  From a practical standpoint, some subscribers may not want additional food in this situation.  To prevent waste, the CSA Agreement should address this situation giving the producer discretion on how to handle a surplus, including an option to donate the food to a local food bank or share with the farm workers and their families.

Delivery/Drop-Off Location.  There may be zoning and/or permit issues depending on where a farm wishes to drop-off its food products.  Storage and refrigeration of any egg, meat or processed food products may also be a concern at these drop-off locations.  If a farm wishes to have its subscribers pick-up the food products from the farm, then its insurance policy should properly cover invitees to the premises.  If a farm wishes to deliver the product directly to the subscriber, the specifics as to a time block and address should be memorialized in the CSA Agreement.

Forfeited Products.  To prevent a dispute, the CSA Agreement should note that the food products will be forfeited if they are not picked-up during the allotted time without alternative arrangements being made.  Some CSA Agreements note that forfeited products may be sold or donated (e.g. homeless shelters, food pantries, after-school programs, elder care facilities).

Reuse of Box/Bag.  In some cases, the CSA Agreement should indicate that the subscriber must return the box or bag each week for pick-up.

Communication.  There should be method to communicate to the subscribers in case of an emergency or inclement weather.  This mode of communication should be noted in the CSA Agreement (e.g., email).  Furthermore, many CSA’s have newsletters for its subscribers noting farm news/events helping the consumers feel more connected to the farm.  Subscription to this newsletter can take place directly in the CSA Agreement and/or the farm’s website.

Fresh/Frozen Meat.  If applicable, the CSA Agreement should note whether the meat product will be fresh or frozen.

Volunteer Requirements. Some CSA’s require subscribers to volunteer a certain number of hours during the harvest season (“work shares” or “half work shares”).  Details relating to these requirements should be formally discussed, keeping in mind “in kind” compensation and minimum wage requirements under the Fair Labor Standards Act.

In hopes of building a sense of community, some CSA Agreements improperly use the word “partner”.  It is paramount that farms avoid using the words “partner” or “partnership” in its CSA Agreement and conversations with the subscribers and the CSA Agreement should clearly note that it is not a partnership.  A partnership is specific kind of legal entity where the partners go into business together and split profit – each partner is jointly and severally liable for one another’s actions.  It’s important to be clear that a CSA is not a general partnership.  Along these lines, I also recommend avoiding the words “member” and “shareholder” when possible to avoid implying that the consumer has some type of ownership in the farm.  The word “subscriber” most accurately describes the relationship.

There has been virtually no litigation thus far with CSA’s; however, due to its exponential growth, I anticipate legal disputes will arise in the future.  It’s always prudent to build a written record of a farm’s compliance with the CSA Agreement.  Records should be kept regarding production, delivery of products, the quality of the delivery, food safety controls (including storage, transportation and refrigeration), etc.

The U.S. Department of Agriculture (“USDA”) Agriculture Research Service (“ARS”) reports to the Under Secretary of Research, Education and Economics. This is the USDA’s primary research agency in the areas of (1) Nutrition, Food Safety and Quality, (2) Animal Production and Protection, (3) Natural Resources and Sustainable Agricultural Systems, and (4) Crop Production and Protection.  ARS is currently involved in over 800 research projects, some of which are conducted at Cornell University – New York’s land grant university for agriculture research and education.  ARS also conducts international research programs on food security, biosecurity and international partnerships.

This lien is oftentimes referred to as a “stableman’s lien.”  The keeper of a livery stable or barn who houses horses at a certain monthly rate per stall but does not feed or care for the horses are still entitled to this lien.  See Selner v. Lyons, 110 N.Y.S. 1049 (1908).

This statutory lien does not apply to a livery stable keeper who takes the horse around the country and enters him/her for horse races.  See Armitage v. Mace, 96 N.Y. 538 (1884).  The court must find that there was an express or implied agreement between the owner of the animal and the bailee.  See Cocciolone v. Nastasi, 773 N.Y.S.2d 452 (2nd Dep’t 2004).  This lien also does not apply to a person or herds or pastures animals as an employee of the owner of animals; this lien is only applicable to independent contractors who provide animal related services.  See Dairy Herd Management Corp. v. Goodwin, 534 N.Y.S.2d 590 (3rd Dep’t 1998).

There is no statutory filing requirement for the stableman’s lien in New York and it is not given priority over other liens.

Lien law is state specific. Please contact an attorney licensed in your jurisdiction for assistance with stableman’s liens.

The Food Safety and Inspection Service (“FSIS”) reports to the Under Secretary of Food Safety within the U.S. Department of Agriculture (“USDA”).  FSIS aims to protect public health and well-being by protecting the public from foodborne illness and ensuring the nation’s meat, poultry and egg products are safe for human consumption.  Its authorizing statutes include the Federal Meat Inspection Act (“FMIA”), Poultry Products Inspection Act (“PPIA”), Egg Products Inspection Act (“EPIA”), and Humane Methods of Livestock Slaughter Act of 1978.  FSIS inspects and monitors all meat, poultry and egg products sold in interstate and foreign commerce.  It provides requirements for Hazard Analysis and Critical Control Point (“HACCP”) and Sanitation Standard Operating Procedures (“SSOPs”).  FSIS also conducts food recalls when a food safety issue arises.