If you haven’t done so already, I suggest reviewing the “Livestock & Liability” article by Lauren P. Caggiano (@lcagg on Twitter) on pages 32-34 in this issue of the Feedlot magazine.  In this article, I recommend that cattle feedyard operators seek counsel on environmental laws and perhaps hire a Concentrated Animal Feeding Operation (“CAFO”) consultant to devise a plan to ensure compliance with federal, state and local laws.  Additionally, I suggest keeping written records of animal handling techniques and education and be especially vigilent on hiring practices.  Furthermore, I also recommend that cattle feedlots should have an updated employee handbook and consider implementing a policy to deal with the usage of smartphones with video capabilities.  I also noted a few excellent resources in the article including the National Agriculture Law Center and the U.S. Department of Agriculture’s (“USDA”)  National Agriculture Library.

I found this great image at TwoEyeBalls.com. You can purchase a print by emailing emily@twoeyeballs.com.

This weekend I discovered that the National Agriculture Law Center has a helpful state-by-state analysis of animal cruelty laws in the United States.  Even though there are several federal statutes that regulate this issue, animal cruelty statutes vary significantly from state-to-state.  It is interesting to pull up the statutes in various states and run a comparison.

Though the National Agriculture Law Center works hard to make sure that the its resources are updated, before relying on the information posted in its Reading Room you are encouraged to speak to an attorney licensed in your jurisdiction.  The law is ever-changing, particularly in the area of livestock animal cruelty law.  There likely is a proposed bill in your state right now on this issue as you read this blog.  Or, a judge in your state might be issuing a decision today that changes the law in your state.  Look at the website.  Use it as a resource.  But it cannot replace the guidance given by a licensed attorney who stays abreast of changes in animal cruelty law.

I took this photo of a buffalo herd while roadtripping through South Dakota with my dog, Taylor. Beautiful countryside. (c) 2011

Seems like just yesterday I was driving across South Dakota with my dog Taylor before starting Rincker Law, PLLC and this blog.  It’s been a great ride so far.  Big thank you to my friends, family, colleagues, contract attorneys/legal assistants, clients and blog readers for all your support.

It’s been a busy year indeed.  Over the last year, I am very thankful to have been honored as a Distinguished Alumni of Lake Land College (“LLC”) (read about my experience at LLC here), selected for the American Cattlewomen (“ANCW”) National Beef Speakers Bureau (“NBSB”), elected President of New York Agri-Women (“NYAW”), elected as the Secretary/Treasurer of the National Cattlemen’s Beef Association (“NCBA”) Young Producer’s Council (“YPC”), and profiled in the ABA Journal.  My work on the YPC social media guides has caught industry attention (we are currently working on a LinkedIn Guide for cattle producers).

I have had a busy spring with speaking engagements including the New Jersey State Bar Association (“NJSBA”) Annual Meeting, New York Farm Bureau (“NYFB” Animal Welfare Symposium, and NYFB Young Farmers & Ranchers (YF&R) Leadership Conference.  Additionally, I am also in the middle of a family/matrimonial law seminar series for mental health professionals.  I hope to have webinars available for the agriculture industry this fall/winter.

On the technology front, I have become an Apple-using attorney (“MacLawyer”) now using an iMac, iPhone, iPad (great for the courtroom), and Macbook Pro.  Even though I have found a few glitches in my system transfer, I have been very happy with my Apple products and customer service.  I have also entered the world of Skype.  I gave it the college try on my first video blog (hopefully more to come) and have been experimenting with WebEx in the animal & agriculture production law & policy course that I am currently enrolled in.  I am considering using WebEx for a platform with clients, Ag Book Club chats, and webinars.

And- I almost forgot- within the last year I became NCBA Beef Quality Assurance (“BQA”) certified.

In case you missed it, here are a few of my favorite blogs over the last year:

1.  I recently wrote an article on embryo transfer contracts for the livestock industry.  I feel very strongly that the agriculture industry needs a shift in business culture putting agreements in writing.  Embryo transfers/flushes are no exception.

2.  Does your sale abide by the “suggested sale terms” from your livestock breed association?  Make sure there is a meeting of the minds and put the terms of the agreement in writing.  As a caveat, pay attention to silent “suggested sale terms” (e.g., semen’s ability to freeze) that may be material.

3.  When is the last time you had fence maintenance on your farm?  This blog delves into a livestock owner’s potential liability with highway accidents.

4.  This post gives an overview of state laws relating to livestock space.  So what is next?

5.  Some folks really enjoyed this post regarding the role of a buyer’s attorney in a real estate closing.

6.  One of my personal favorites – this post memorializes why I think prenuptial agreements are romantic.

7.  I highly suggest seeking counsel before entering into a wind lease.

8.  Dr. Temple Grandin is on a short list of women that I look up to most in the livestock business.

9.  When is the last time you updated your employee handbook?

10.  Are you trying to decide what business structure is best for you?  Read this previous post first.

11. Are you considering getting divorced in New York?  Here is an overview of the new “no fault” divorce law.

12.  Why I am proud to be a member of the agriculture industry.

13.  Knock, knock.  ”Who’s there … and do you have a warrant?”  How New York livestock producers should handle visits from non-police officers.

14.  We are half-way through the 2011 tax year.  Have you thought about charitable deductions?

15.  So what do you think is the most important issue affecting the agriculture industry?

16.  I feel very passionate about succession/estate planning for farm/ranch families.  So when is the last time you had *that* conversation?

17.  Don’t just be thankful on Thanksgiving.  Why are you thankful?

18.  How to find the right attorney for you (Part I and Part II).

19.  Don’t just complain.  You can help change the law.

Thank you to for your loyal readership!  Seems like just yesterday I was celebrating my one-year blogging anniversary.  Looking forward to a fantastic year three.

This photograph was taken at an American Junior Simmental Association Regional Classic.

Over the next few months I will be participating in an online animals and agriculture production law and policy course for attorneys coordinated by Prof. Drew Kershen from the University of Oklahoma, College of Law.  Prof. Linda Chezem, Elizabeth Rumley, Esq. & Rusty Rumley, Esq. will be co-teachers for the course.  The weekly course will discuss important animal agriculture law/policy issues including animal welfare/cruelty, animals used for scientific research, veterinary care, animal slaughter/harvest, U.S. Department of Agriculture (“USDA”) National Organic Program, livestock identification, food labeling, use of antimicrobials, food safety, land use and zoning concerns such as livestock sitting statutes, international trade, and the USDA Grain, Inspection, Packers, and Stockyards Administration (“GIPSA”) proposed regulations.

I am very excited for the course and I know it will be worth-while.  I hope to post information on this blog applicable to my readers so please stay tuned.  If you are an attorney and interested in participating in the course in the future please contact Prof. Drew Kershen at dkershen@ou.edu.

Animal Factory by David Kirby has been sitting on my Manhattan bookshelf for a few weeks.  The weather is so nice in New York City now that I am yearning for some time in Central Park with a book.  As the title suggests, the book is about “factory farming” and Concentrated Animal Feeding Operations (“CAFO’s”).  As I have noted previously on this blog, I think it is important for folks involved in the agriculture industry to read the literature that consumers read so that we might all learn to effectively communicate to them about our food, fiber, and biofuel systems.

For those of you who are also interested in reading the book and would like to have a conversation via Skype, please email me at cari@rinckerlaw.com.

I took this picture during graduate school at the University of Illinois Beef Research Farm

I have previously noted on this blog my admiration for Dr. Temple Grandin as an animal scientist.  She truly is an extraordinary woman and has done so much for the livestock industry.  Last night, I was reading National Cattlemen’s Beef Association‘s (“NCBA”)Beef Issues Quarterly for Fall 2010 and on Page 23 there is a great interview with Dr. Temple Grandin.  I posted a few excerpts below that complement some of my previous posts/articles.

Dr. Jason Ahola:  Dr. Grandin, you’ve worked with the beef cattle industry on animal care and handling for years.  Can you tell me mroe about the changes you’ve seen over time?

Dr. Grandin:  Since I started out in the 70′s, I’ve seen a lot of improvements. * * * You see it in things like low-stress handling workshops; you didn’t have that before.  There’s a lot more awareness today.  The good sector of the industry- the people who are doing a good job-has expanded. * * * I feel very strongly about the industry’s communication with the public.  People in agriculture haven’t done a good job of communicating what they do.  I think ranchers need to be putting videos up on the Web of just the normal chores out on the ranch. * * *

I have previously raved of my love for social media on this blog (both as an attorney and agriculture woman) and how important “agvocacy” is both on- and off-line (but see this post regarding balancing technology and tradition).  In the last few years, we (the agriculture industry) keep hear how consumers want to “hear our story” — so much so that some of us are tired of hearing about how we need to “tell our story.”  But it is so important for the future of the agriculture industry.  When I have conversations with urban consumers in New York City do not like to buy meat products from “factory farms” I ask them what could be done to change their impression of the meat industry.  Time and time again I hear “I want to hear the story of the cattle producer who brings in his calf in the middle of the blizzard” or “I want to meet the sheep producers that care for their lambs on Christmas morning” or even “I want to understand that the animals are chickens being taken care of properly.”

I took this picture in the Sandhills of Nebraska while interning with the American Simmental Association

Not only can social media add transparency of your farm/ranch but it also helps generate a positive public image.  Livestock producers need to pay attention both to their brand/public image but also to their relationship with the consumer.  It can be one of the several necessary defensive moves against livestock animal cruelty charges.  For those of you who are just getting started with social media, I have posted the NCBA Young Producer Council (“YPC”) social media guides in this previous post.

Dr. Jason Ahola:  Based on your work and the changes you’ve seen, do you think animal welfare is a priority for cattle farmers and ranchers?

Dr. Grandin:  * * * I think we have to look at everything that we do and say, “If I brought my New York wedding guests out, what would they think?”  I can take people to our big packing plants here in Colorado and have them watch cattle going up the chute, and they say, “Wow, I just can’t believe they’re going so calmly up the chute.  This isn’t so bad.” * * * Simple changes to facilities . . . can make a huge difference.

I recently spoke to a group of livestock producers on livestock animal cruelty law in New York.  One of the recommendations that I gave to those folks were to walk/drive around their farm and make note of all the “broken windows.”  ”Broken windows” are the things that you see all the time but never notice.  I first heard this term from my pastor when I lived in Wyoming.  If a lay person from the public would come to your farm today, what would they see?  Are there any “broken windows” on your farm/ranch that need fixed to make sure you are putting your livestock operation with the best foot forward?  Are you participating in voluntary animal welfare programs and bragging about this involvement online?  Pay attention to public perception.  Make sure you are doing the “simple changes” to your facilities that make a big difference.

Dr. Jason Ahola:  Obviously you’ve seen the main concern for farmers and ranchers is proper care and welfare for animals.  I think the average farmer or rancher with a hundred head is also facing tough economic times.  What do you recommend for those folks as the single most important thing they should be doing to make a difference for animal care when working cattle?

Dr. Grandin:  Calm down.  You’ve got to calm down.  There are a lot of low-stress handling techniques but you can’t learn any of that stuff if you don’t calm down.  And then you’ve got to make sure that in the squeeze chute and coming out of the squeeze chute you’ve got non-slip flooring, because animals panic and fall down when they slip. * * * There are places for fancy things.  Large feedyards and large ranches where you have a lot of employee turnover is a place for fancy facilities.  But a small ranch can really make do with rudimentary facilities, especially if you calm down. * * *

What I love about this answer from Dr. Grandin is that #1 thing that cattle handlers can do from an animal welfare standpoint is to “calm down” and pay attention to their demeanor when working livestock.  This doesn’t cost a thing- maybe just a little more time for being calm and patient when cattle aren’t behaving the way they should.  Even so, I still recommend that livestock producers work with an extension specialist to make sure they are using the proper equipment and facilities to lower stress.  However, I love that Grandin points out that “calming down” is the most important animal handling technique.

For those of you who are NCBA members, I encourage you to read her full interview in your Beef Issues Quarterly.  She’s one brilliant woman with common sense and a heart for the livestock industry.  I was able to meet her for the first time last year at a book-signing in New York City.  She was a little confused how a cattle girl ended up in the Big City…

I have written blogs/articles and have spoken on livestock animal cruelty law in New York and my various recommendations for building a defense.  Among them, I recommend that livestock producers have an employee handbook in place that enumerates recommended animal handling procedures and regularly train employees on those procedures.  An employee handbook is not a contract but is instead a general guide to policies for that farm.

What animal handling guidelines should you use?  That depends on the laws of your state the specific needs of your organization.  You can use voluntary animal welfare programs as a starting point.  For example, I recently completed the Beef Quality Assurance program which included some recommended handling techniques for vaccinations and transportation.  For those of you who are cattle producers in New York, have you explored the New York State Cattle Health Assurance Program(“NYSCHAP”)?  I wrote a brief post on NYSCHAP here.

So when is the last time you updated your employee handbook?  Does it have enumerated animal handling procedures? I recommend working with your veterinarian, extension specialist and/or your attorney to make sure the employee handbook contains guidelines compliant with state and federal law.

I’m very excited for a busy winter with agriculture conferences and events.  I love being a New Yorker and living in NYC but it is always nice to get a break from the hustle and bustle and be around others that share my passions and interests.  Here are a few agriculture events coming up that I will be attending:

1.  I’m looking forward to the New York Beef Producers’ Association (“NYBPA”) annual meeting in Syracuse, New York this Friday and Saturday.  You can review the full agenda here and you can find the registration form here.  The animal science part of my brain is looking forward to the Feeder Conference on Friday, January 21st and the Winter Management Program on Saturday, January 22nd.  I will also be attending the annual meeting for the New York Simmental Association (“NYSA”) on Saturday at 3:30pm.

2.  The New York State Bar Association (“NYSBA”) Agriculture and Rural Issues Committee will have a teleconference on Tuesday, January 25.  I am looking forward to getting more involved with this committee.  If you are an attorney in New York practicing (or considering practicing) agriculture law, or if you are a law student who is considering this practice area, then I highly recommend becoming active on the NYSBA Agriculture and Rural Issues Committee.

3.  Even though the event is broader than agriculture law, I will be attending the Annual Meeting of the NYSBA Committee on Animals and the Law (“CAL”) at the New York Hilton on Wednesday, January 26, 2011.  The theme of the event is “Ethical Considerations and Legal Determinations in the Practice of Animal Law.”  You can view a brochure of the event here.  There is cross-over between agriculture law and animal law, especially with the criminal prosecution of livestock animal cruelty and property disputes with livestock animals (e.g., replevin cases).  I am glad that I am able to bring a unique viewpoint to the committee.  I have also enjoyed handing matters concerning companion animals for folks who live in greater New York City (e.g., landlord-tenant disputes, estate planning, ownership disputes).  It is an interesting and growing practice area, especially in New York.

4.  I also hope to attend the annual meeting for the NYSBA Food, Drug, and Cosmetic Law and Family Law Sections on Thursday, January 27th at the New York Hilton.  My practice heavily crosses over to both of these practice areas.  I work on food permits via the New York State Department of Agriculture & Markets.  I am also considering attending the Annual Meeting for the Dispute Resolution Section since I am a strong supporter of Alternative Dispute Resolution (“ADR”) including mediation and arbitration.  For those of you who live in New York, I encourage you to visit my previous blog on the New York State Agriculture Mediation Program (“NYSAMP”), which is free for agriculture families.  Mediation is an excellent way to try to reach a settlement prior or during litigation.

5.  I will be flying back home to Illinois on Friday, January 28th in time for my father’s retirement party at Lake Land College.  You can find the details of the event here.  I feel very blessed to have such an amazing role model in my life.  I can only hope to be as strong of a leader in the agriculture industry as my father has been.  I hope that his previous students and their families will make a showing that day.  I obtained my Associate of Science in Agriculture from Lake Land College and will strongly support success of the Division of Agriculture Science after my father retires this summer as division chair.

6.  From Illinois I am hopping on a plane and heading west to Denver, Colorado!  I was selected to participate on the National Beef Speakers Bureau for the American National Cattlewomen (“ANCW”).  I will participate in a three-day training session to prepare me to speak to consumers about issues affecting the beef cattle industry.  On Tuesday, February 1, I will be attending the Annual Meeting for ANCW and participating in the Animal Welfare Committee.  From February 2 thru February 4, I will be attending the National Cattlemen’s Beef Association (“NCBA”) Annual Convention and Trade Show.  I wasn’t able to attend last year so I am particularly excited about attending this winter.  I am voting member on the Agriculture Policy Committee and Tax and Credit Committee for NYBPA.  The Young Producer’s Council (“YPC”) business meeting will be at 2pm on Thursday, February 3.  I have been the Chair of the Public Relations Task Force for YPC over the last year and my position will be up for grabs.  Feel free to contact me if you are interested in running for the PR Chair.  I’m very excited to announce the the PR Task Force will have Twitter, Facebook, and Blog How-To guides available for the Convention.  Really hope that I am able to squeeze in some time for the mountains and wide-open spaces while I’m there.

7.  On the home front, the New York Farm Show will be held in Syracuse, New York from February 24-26.  I hope to attend on February 25th.

8.  Afterwards, I am heading to the First Annual Meeting of New York Agri-Women on February 26 at Morrisville State College. The organization’s leadership board did a fantastic job planning the event.  I am really looking forward to an amazing day talking about the issues that affect New York agriculture producers and business owners.  Information on registration is coming soon.

9.  As I noted in this post, the following Monday, February 28th, I will be in Albany for the New York Farm Bureau‘s (“NYFB”) “Taste of New York” Legislative Reception for NYBPA.  I am working with Bonnie Bargstedt on organizing the booth so if you are a member of NYBPA please contact me if you are interesting in volunteering.  I hope to stay for Lobby Days on March 1st before heading back to New York City.

10.  I will be heading back to Syracuse, New York for the NYFB Young Farmer & Rancher (“YF&R”) Annual Leadership Conference on March 11-12, 2011.  The theme for the event is “Tradition and Technology.”

11.  Finally, there will be a Long Island New York Agri-Women Meet-up on Wednesday, March 23, 2011 at Laurel Lake Vineyards.  The event is being organized by Vicki Gruber, Esq.  She can be contacted at 516/845.8088 or vgruber@vsgpc.com for more information.

Wow.  Needless to say, the next three months will be pretty busy.  I’m very happy that I have such great contract attorneys and paralegals to keep things moving while I am out of the office.  I should be tweeting away at the various agriculture events so if you cannot make it then follow-me at @CariRincker and or @RinckerLaw.

I was reviewing the November Update from the New York State Bar Association (“NYSBA”) Committee on Animals and the Law today and thought there were a few posts that I wanted to mention.

1.  This article illustrates some cases in New York that would fall under felony animal cruelty (a.k.a. “Buster’s Law”).

2.  Though I do not recommend that people use online forms for legal documents without consulting an attorney, LegalZoom now offers a Pet Protection Agreement with the Last Will and Testament. I do some estate planning myself and am implementing questions about companion animals on my estate planning questionnaire.

3.  The Utah State Law Library posted information regarding Nolo’s legal guide for dog owners.  I am currently working on some dog law articles for dog owners in both urban and rural areas.

This is a picture of my golden retriever, Taylor, who I love dearly.  She’s at home in Illinois right now enjoying being a cow dog.  She can play basketball with the best of them.

As I noted in this blog a few months ago, I am currently completing the Beef Quality Assurance (“BQA”) training through the New York Beef Industry Council, Inc. Last weekend, I have reviewed the Producer Certification Manual for the Mid-Atlantic region (which includes Pennsylvania, New York, Maryland, Virginia, West Virginia, Maine, New Jersey and Vermont).  After reviewing the materials, I took the Beef Quality Assurance Training Test and I am still awaiting the final verdict.  Before I am certified, I also need to submit the Veterinarian/Client/Patient Relationship Validation Form and complete the chute-side training.

Overall, I think this is an important program for all beef producers to complete.  The manual gives an excellent overview of the following topics:

1.  The Importance of BQA- including the history of BQA and the industry’s quality challenges pursuant to the National Beef Quality Audits;

2.  Vaccine and Drug Practices – including an overview of injection sites and techniques for administering subcutaneous (SQ) and intramuscular (IM) injections in the neck region, needle use and handling, drug management and residue, drug classifications, extra-label use of drugs, and managing implants;

3.  Livestock Feeds and the Feed Supply- including a discussion regarding purchased feeds, feed storage and handling pesticide and petroleum-based products, and the Ruminant Feed Ban regulation from the Food and Drug Administration (“FDA”);

4.  Impact of Management Practices on Carcass Quality- including lessons on improving quality and consistency via genetics and animal handling techniques, the reduction of excessive external fat, reducing pre-harvest stress to eliminate the frequency of dark cutters, and feedlot management;

5.  Quality Assurance of Market Cows and Bulls- including herd culling, quality control, strategies for marketing cull cows and bulls, and condemnation prevention;

6.  Cattle Care:  Handling and Facilities- including notes on cattle handling techniques, bovine behavior and psychology, cattle handling facilities and equipment to reduce stress, and procedures to increase safety while working cattle;

7.  Transportation- including discussions on transportation guidelines, driver attitude, animal handling, transit precautions, equipment conditions, and potential biosecurity issues during travel;

8.  Biosecurity- including an overview of disease sources and how to reduce biosecurity risk;

9.  Non-Ambulatory Cattle- including a brief discussion on euthanasia and animal disposal;

10.  Cattle Identification- including a nice overview of the different types of cattle identification and its importance; and,

11.  Records- including the suggested requirement that production records be kept for a period of 36 mos. (3 years).

The manual also includes beneficial checklists for the (i) Stocker/Backgrounder/Feedlot, (ii) Market Cow Producer, and (ii) Cow-Calf Producer.  The back of the manual also includes example record forms to be regularly kept by the producer and a drug withdrawal time chart for dairy and beef cattle.

So why would an agriculture attorney go through the BQA program? A few reasons.  First, I am a beef producer.  I am a co-owner of Rincker Cattle Co., a SimAngus operation in Illinois.  When I was younger, I remember giving IM shots in the round muscle.  Producer education about injection-site defects have encouraged beef producers to use sounder handling techniques.  I want to implement these types of techniques in my own operation.

Second, I am passionate about the beef industry.  Not only to I want this industry to be economically viable in years to come but I want U.S. cattle producers to continue producing quality beef products for the American public.  After studying the statistics from the 2000 National Beef Quality Audit, it is obvious that the BQA guidelines will increase profit margin while improving product consistency.

Third, I’m a New Yorker.  I live in a metropolitan area where few people understand animal agriculture.  I continually hear criticism about modern agriculture practices – and the forefront of the complaints is with drugs and antibiotics.  Some consumers are concerned about the safety of their meat products and programs like BQA can help put the public at ease.

Finally, as an agriculture attorney I do advise cattle producers to participate in the BQA certification program.  Not only can it serve as a proactive step to deter (and defend) livestock animal cruelty charges, but it is also wise to include some of the Best Management Practices (“BMPs”) in the livestock operation’s employee handbook.  Cattle owners should regularly train its employees with proper animal handling techniques.

It is important to note here that simply complying with the BQA Guidelines does not mean that you are not breaking the law in your state.  The BQA Manual is silent on state specific animal care laws that may affect your operation.  For example, the manual did not note the 28-Hour Law or any other state specific livestock animal cruelty law.  Thus, it is recommended that cattle producers seek the counsel of an attorney licensed in their jurisdiction to answer any specific animal welfare concerns.