Last Thursday I moderated a fantastic local food law CLE (i.e., “Continuing Legal Education”).  The faculty worked hard putting together substantive materials for the attendees including relevant ancillary materials (such as this, this, and this).  If you missed the live webinar, you can purchase the CLE from the American Bar Association’s (“ABA”) webstore here.

Though the CLE was directed to the lawyer audience, non-lawyers are certainly welcome to purchase the materials at the general public price.  As an aside, I don’t get a penny from the proceeds (a girl can dream).

As a reminder, the faculty presented on the following local food issues:

preference and procurement laws for locally grown food;

federal government programs;

direct marketing (including Community Supported Agriculture (CSA’s), roadside stands and farmers markets);

Food Safety Modernization Act exemptions,

“cottage food operation laws (i.e., home-based kitchens) including value-added products;

land use and zoning concerns with urban agriculture;

food labeling regulations (including the National Organic Program);

“agri-tourism” and “agri-tainment” as it applies to local food;

liability concerns (including strict liability);

liability insurance and choices in coverage; and

raw milk.

The CLE was sponsored by the ABA General Practice, Solo & Small Firm Division’s Agriculture Law Committee and co-sponsored by the ABA Section on Environment, Energy & Resources Agriculture Management Committee and the American Agriculture Law Association (“AALA”).

A special thank you goes out to the faculty members for this CLE who helped make it possible.

Don’t forget that tomorrow I will be moderating a local food law CLE for the American Bar Association (“ABA”) General Practice, Solo & Small Firm (“GP Solo”) Division’s Agriculture Law Committee titled  ”Counseling the Local Food Movement:  What a Practitioner Should Know”  discussing procurement laws for local food, direct farm marketing (farmers markets, CSA’s), Food Safety Modernization Act exemptions, Cottage Food Operation Laws, insurance, premise and product liability, agri-tourism, land use & zoning concerns for urban agriculture (including rooftop gardens, backyard chickens, and beekeeping), food labeling (including the National Organic Program), and raw milk.

Are you a law student?  Check out this amazing discounted rate.

I cannot take credit for this photo. It was taken by Alex Gibson, who now resides in Australia. These were my chickens when I lived at a farmhouse during graduate school at the University of Illinois.

I want to give a brief shout-out on a webinar presented by Elizabeth Rumley from the National Agricultural Law Center on the “Legal Issues in Animal Agriculture: Regulating Living Space.”  I had an opportunity to hear Elizabeth Rumley present during this online agriculture law class last year and she’s one smart cookie (she’ll be presenting again this year).  You can also read my previous post on the topic.

The webinar is on Thursday, May 10th from 12:00 – 1:00pm and costs $50.00.  You can register here.  Make sure to calendar a quick 45 min. lunch break so you can be back at your desk in time for this webinar on the local food movement with the American Bar Association (moderated by yours truly).

Hey law students- great news!  I just found out that the American Bar Association (“ABA”) is awarding law students who need financial assistance a special discounted rate of $25 to attend this upcoming CLE titled “Counseling the Local Food Movement:  What A Practitioner Should Know” scheduled on Thursday, May 10th from 2-4pm ET.  You can register online for the CLE here.  If you cannot attend the CLE, you can preorder the recording.  Questions relating to the discount should be sent to Jennifer Weed at Jennifer.Weed@americanbar.org.  The requests should go directly to Jennifer here.

The faculty members have done a great job ensuring that we will have substantive materials for the attendees and I believe the reference materials will be an excellent reference material.  For those of you who know me or follow this blog know that I’m a very practical person.  This CLE won’t be focusing on heady policy discussions; instead, the CLE will really hone in on the issues that are important to an attorney who is “in the trenches” with a client involved in the local food, urban agriculture, and/or direct marketing to consumers (e.g., farmers markets, CSA’s).  We cannot cover everything in 2 hours but we will certainly be covering quite a bit.

As I noted in this blog, I’m very excited to announce that the American Bar Association’s (“ABA”) General Practice, Solo and Small Firm Division’s Agriculture Law Committee will be hosting a CLE webinar on Thursday, May 10, 2012 titled “Counseling the Local Food Movement:  What a Practitioner Should Know.”  This is a very substantive CLE that will be two hours.  It will run from 2-4pm ET.  Yours truly is the moderator/coordinator for the CLE.

The CLE is geared towards the private practitioner but attorneys, law students, and non-attorneys in other segments of the industry are certainly welcome.  For those of you who know me, I am a very practical person.  I don’t enjoy long heady debates about policy and theory.  This CLE will lay the fundamental groundwork and build to the intermediate level on a myriad of legal issues affecting the local food movement. I want agriculture attorneys to get the “know-how” they need to properly counsel various segments of the industry.  If you are an agriculture attorney or have interest in this area, I believe this will be useful educational webinar.

The faculty for the event include the following:

Dr. Stan Benda -Adjunct Professor at Osgoode Hall Law School and Ryerson University, Business School;

Derrick Braaten – Partner, Baumstark Braaten Law Partners;

Jason Foscolo – Principal, Jason Foscolo LLC;

Prof. Neil Hamilton – Professor and Director of the Agriculture Law Center at Drake University Law School;

Prof. Erin Hawley- Associate Professor at the of Missouri;

Leon Letter- Principal at the Law Offices of Leon J. Letter, PLLC;

Prof. Jesse Richardson, Jr. – Associate Professor at Virginia Tech;

Rich Schell – Of Counsel to Wagner & Schell, LLP; and,

Prof. Patricia Salkin – Associate Dean and Director at the Albany Law School.

The faculty will describe the history and current legal framework affecting the local food industry at the federal, state and local levels.The faculty will broadly discuss a myriad of legal issues affecting “local food” including:

(1) Federal Government Programs including the Women, Infant, and Children (“WIC”) Farmers’ Market Nutrition Program, Supplemental Nutrition Assistance Program (f/k/a “food stamps”), Seniors Farms’ Market Nutrition Program, Know Your Farmer, Know Your Food, Farmers’ Market Promotion Program;

(2) Procurement and Preference Laws including the Federal Procurement Policy Act and state reciprocity laws;

(3) Direct Marketing (e.g., farmers’ markets, roadstands, Community Supported Agriculture (“CSA’s”)) including the sponsorship/administration of farmers’ markets, market rules on producer eligibility and food safety, CSA member agreements, CSA delivery and drop-off issues, and labor issues (e.g., “work shares”);

(4) Food Safety Modernization Act (“FSMA”) compliance and exemptions including inspection of records, retail food establishments, hazard analysis, science-based risk analysis, performance standards;

(5) “Cottage Food Operation Laws” (i.e., “home-based kitchens”) including inspections, licenses, insurance and limitations on (a) the types of food produced, (b) marketing/labeling, (c) distribution, and (d) gross sales;

(6) Food Labeling Regulations including the National Organic Program (“NOP”), Process Verified Program, and Country of Origin Labeling (“COOL”);

(7) Land Use and Zoning Concerns with Urban Agriculture including a discussion on rooftop gardens, backyard chickens and bees;

(8) “Agri-tourism” and “agri-tainment” as it applies to the local food industry;

(9) Liability concerns (e.g., premise and product liability) and prevention;

(10) Liability insurance issues involved in the local food movement and direct marketing including choices in coverage (e.g., Farmer’s Comprehensive Liability Insurance Policy, Products Liability Insurance); and,

(11) Raw milk including its legal status at both the federal and state level and schemes to avoid regulation (e.g., cow shares, pet food).

Other areas of law affecting the local food movement will be discussed briefly. This two-hour CLE will be comprised of approximately 100 minutes of lecture and 20 minutes of Q & A.

The webinar is co-sponsored by the American Agriculture Law Association (“AALA”) and the ABA Section of Environment and Energy’s (“SEER”) Agriculture Management Committee. The cost for members of sponsoring ABA sections and AALA is $125.  You can register online here if you are an ABA member.  If you are not an ABA member, please dial 800.285.2221 and select “2” as the option Monday thru Friday from 8:30am to 6:00pm ET.  The event code is CET2LFM.  If you cannot attend the live webinar, the program will be available on audio CD after the event.

To piggy back on this post announcing that this blog made the ABA Journal Top 100 Blawg List, I thought it would be appropriate to list a few of my favorites.  Here are my top 10 (in no particular order):

1.  Equine Law Blog – Alison Rowe, a fellow agriculture attorney, is an exceptional writer and brilliant equine lawyer in Texas.  I follow her blog regularly and recommend it to anyone involved in the horse industry.

2.  Marler Blog – Bill Marler is the industry expert on food safety issues.

3.  Tax Girl – Tax Girl, whose blog is now found at Forbes.com, is one of my personal favorite.  She’s a sassy legal genius who has a clever way of making tax law (dare I say it) “fun.” (Ya know, one of my favorite law school professors taught Federal Income Tax.  Maybe tax lawyers aren’t so boring after all…).

4. iPhone JD – This blog isn’t just for lawyers — it contains very useful information to anyone running a business from an iPhone.

5.  Corporette –  If you follow my tweets from @CariRincker then you that this blog is my guilty pleasure.  If you are a female looking for advice on business fashion, this is a must.

6.  Wills, Trusts & Estates Prof Blog –  I’m pretty passionate about estate planning for farm families and have always found this blog to be insightful.

7.  Employment and Labor Law Insider - This blog recently rose to the top of my list.  Robin Shea does a nice job blogging on these topics.

8.  3 Geeks and a Law Blog – If you have been following my blog and tweets for a while, you may remember that I like this blog.  It contains valuable information on law practice management (and technology in general).

9.  Koehler Law – Even though this is a food and agriculture law blog, I wanted to go ahead and share this criminal law blog because I have enjoyed it so much over the last few years.  I don’t practice much criminal law so I suppose I live vicariously through Jamison Koehler.  I find this practice area so fascinating.

And for my final selection (drumroll please…..)

10.  My Shingle - I have to admit, this blog has been a longtime favorite of mine… and I got chills when I finally met Carolyn Elefant in person last year in New York City.  A few years ago when I was an associate at a law firm in Wyoming, I was homesick for New York City yet I wanted to be an agriculture attorney (hmmm…..).  I began dreaming about how I could make this a reality.  I did lots of Googling and read a few books.  Somewhere along the way I stumbled across this blog and have been following it ever since.  I specifically remember a blog post that she wrote about how when you go into business for yourself, there is no more glass ceiling.  This blog inspired me and helped give me the vision for my law practice.  I have since told Carolyn all of this and I hope that I can be equally inspiring to someone to follow their dreams.  I am especially grateful for the opportunity to help other entrepreneurs in the food and agriculture industry to help make their dream reality.

As a reminder, the ABA Journal is taking votes thru December 30th.  It only takes a few seconds to register and you can vote for 12 of your favorite Blawgs. Would love yours!

As I noted in this previous post, I am the new Chair of the American Bar Association (“ABA”), General Practice, Solo and Small Firm’s Division, Agriculture Law Committee.  You can join the Committee and the Discussion List here.  I have restructured the subcommittees as follows:

1. Ag ADR: mediation, arbitration

2. Ag Estate/Succession Planning, Family Law, and Taxation: estate planning,succession planning, probate, tax law, pet trusts, prenuptial/postnuptial agreements, divorces, same-sex marriage

3. Ag Environmental Law & Water Law: water, air, hazardous materials, climate change, conservation, pesticides, herbicides, insecticides, fungicides, endangered species, biodiversity, livestock grazing, fertilizers

4. Ag Policy: Farm Bill, legislative/lobbying services, domestic food security/insecurity, rural development, subsidies, federal budget, agriculture education, minorities in agriculture

5. Agri-business Law: agriculture lending/finance, business structures/formations, not-for-profit law, secured transactions, commercial litigation, ag cooperatives, ag sales, ag bankruptcy (Chapter 12)

6. Food/Ag Employment & Labor Law: employment law, wage & hour, child labor law

7. Food/Ag Grant Writing: state and federal level

8. Food/Ag Insurance: crop insurance, livestock insurance, environmental insurance, disaster insurance

9. Food/Ag Intellectual Property: copyrights, trademarks, patents

10. Food/Ag Property & Land Use Law: real estate transactions, eminent domain, easements, grain storage, livestock grazing permits, landlord-tenant law, foreclosure, agri-tourism/agri-tainment, energy law

11. Food Law & Policy: food safety, food labeling, food permits, food product liability, nutrition programs

12. International Food/Ag Law & Policy: international trade, customs, immigration, international business transactions, United Nations, food security/insecurity in lesser developed nations, comparative food/ag law

13. Production Agriculture & Aquaculture: equine law, biotechnology, Right to Farm, livestock animal cruelty, livestock trespass, check-off programs, local agriculture, urban agriculture, organic agriculture, specialty crops, biosecurity, livestock space/confinement, fiber production, leather

As you can see from the above list, the subcommittees touch upon nearly every area of agriculture law.  I am very excited about the future of the Committee.

Please email me at cari@rinckerlaw.com if you are interested in joining (or chairing) any of the above subcommittees.  You must be a paid member of the ABA General Practice, Solo, and Small Firm Division in order to join the Agriculture Law Committee or any of the above subcommittees.

I took this photo at the Texas A & M University Beef Farm near College Station, Texas. (c) 2011

It’s been a busy week.  I have been catching up on my blog feed before heading to the gym.   This is what I found:

This month’s Pennsylvania State Agriculture Law Brief has updates on the G-20 Action Plan, Hydraulic Fracturing, and the White House Rural Council.

I excitedly received a Google+ invite this week from a respected family law colleague (and friend).  Do you think it will “dominate” social networking? Or do you think Google + will be another Google “failure?” (“the wave” never caught on…).  Only time will tell.  I have to say that I’m starting to get a little social media exhaustion …. however, I just put up my Google + profile yesterday and interested to see how it develops/changes social networking.  I’m still trying to figure out the +1 button.  My Google account is cari.rincker@gmail.com (you can GChat me via iChat anytime).

So what do you think about the GIPSA proposed rule?  It was the focus last month during the Senate Ag Committee livestock hearing.

Have you heard about the proposed legislation at the federal level regarding the size of hen cages?  See also this.

Here is some USDA news from the National Sustainable Agriculture Coalition.

I enjoyed listening to this podcast about bankruptcy with farm describing the difference between Chapter 11 and Chapter 12 bankruptcy and this podcast about the effect of the bank failures on the family farm.

Curious why food prices are up?

Does your farm need to purchase workers compensation insurance?

I liked this post:  How Your Horse Business Can Survive an IRS Audit.  Here are some thoughts on organizing your tax records.

This is correct.  The Defense of Marriage Act prevents same-sex married couples from filing jointly on federal tax returns.

I took this photo years ago -- it is ranchland outside of Cheyenne, Wyoming. (c) 2011

Are agriculture land values on the decline?

Are you interested in the Food Safety Modernization Act?

Thinking about getting a Last Will and Testament and/or Revocable Living Trust form online?  I agree with this post.  Hire an attorney.  Don’t take chances.  Your assets are too valuable.

I enjoyed this post regarding why savvy entrepreneurs need legal counsel.  Can’t afford not to.

A gentle reminder why contracts can make you money and help get you a good night’s rest.

I agree – I love my iPhone too.

As an attorney who practices family law, I enjoyed this post regarding the tax implications of voluntary spousal support.

This post is  a nice reminder why a Power of Attorney is important.  Do you have one?

So what is an “Article 10″ proceeding in New York?  It is a petition under the NY Family Court Act for child neglect/abuse.

Finally, I liked this post about why we have zoning ordinances.  Sometimes it’s good to remind ourselves why we have certain regulatory mechanisms put in place.

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.

I am speaking today in Atlantic City at the New Jersey State Bar Association’s (“NJSBA”) Annual Meeting on a couple farm animal law issues.  One of the topics that I will be addressing today includes an overview of state legislation/regulation over the amount of space given to farm animals.

Seven states have had laws sponsored by the Humane Society of the United States (i.e., Florida, Arizona, Oregon, Colorado, California, Maine, and Michigan) whereas nine states have had laws sponsored by the agricultural community (i.e., Georgia, South Carolina, Oklahoma, Ohio, Indiana, Utah, West Virginia, Louisiana, Alabama).  It was an interesting exercise to compare and contrast the existing confinement laws at the state level.

The timeline for these confinement laws is as follows:

2002:

Florida:  This was the first state to propose and pass a livestock confinement law in the United States via a ballot initiative for a constitutional amendment (55% in support).  The law prohibits confining/tethering a “pig during pregnancy” so that she cannot turn around freely.  Exceptions include:  (1) necessary veterinary care, and (2) sows/gilts who are seven days or less before due date (“pre-birthing period”).  Violations of this state law include imprisonment for one year or less and/or a fine no greater than $5,000.00.  The law became effective in November 2008 and to date there have not been any convictions under this law.

2006:

Arizona:  This was the first state to pass a law that covers the confinement of both veal calves and pregnant sows.  It also passed this law via ballot initiative (62% in favor).  The law proscribes confining or tethering veal calves or pregnant sows for “all or a majority of the day” by prohibiting animal from:  (1) lying down and extending limbs or (2) turning around freely.  Exceptions include:  (1) veterinary care, (2) pre-birthing period (7 days before due date), (3) scientific research, (4) transportation, (5) exhibition, and (6) harvest.  The law will go into effect on December 31, 2012.  Violations of this state law include imprisonment for six months or less and/or $2,500 maximum fine ($20,000 maximum fine for an enterprise).

2007:

Oregon:  This was the first legislatively passed statute in the U.S. and it applies to pregnant sows only.  The statute prohibits the confinement of a pregnant pig if the person “confines a pregnant pig for more than 12 hours during any 24-hour period in a manner that prevents the pregnant pig from: (a) Lying down and fully extending its limbs; or (b) turning around freely.”  Exceptions include:  (1) transportation, (2) exhibition, (3) harvesting, (4) scientific research, (5) veterinary care, and (6) pre-birthing period (7 days before due date).  The law doesn’t go into effect until January 1, 2012 and makes it a Class A violation punishable by a fine of $720 or less ($1,440 maximum for an enterprise).

2008:

Colorado:  This law in Colorado covers both veal calves and “confined pregnant” sows.  It makes it unlawful to prevent an animal from standing up, lying down and turning around without touching the sides of the enclosure.  Exceptions include:  (1) scientific research, (2) veterinary care, (3) transportation, (4) exhibition, and (5) harvest.  The effective dates for the law are January 1, 2012 (for veal calves) and January 1, 2018 (for sows).  Penalties include 3-12 mos. imprisonment and/or $250-$1000 fine.  Colorado may also include community service.

California:  Not only does this law apply to pregnant sows and veal calves but it also applies to laying hens (first state to do so).  This law passed by a ballot initiative (“Proposition 2″) with 63% of voters in support.  The law prohibits the prevention of an animal from lying down, standing up and fully extending limbs or turning around freely.  Exceptions include:  (1) scientific research, (2) veterinary care, (3) transportation, (4) exhibitions, (5) harvest, and (6) pre-birthing period (7 days before birth).  The law allows local governing body to adopt/enforce its own animal welfare law/regulations.  The effective date for this law is January 1, 2015.  In 2010, California passed a law that prohibits shelled eggs from being sold for human consumption in California if the farm is not in compliance with California’s animal care standard.  This law will go into effect on January 1, 2015 and imposes maximum imprisonment of 180 days or fine of $1000.  There are currently interstate commerce clause concerned on this particular law that is currently being examined.

2009:

Maine: This law applies to both pregnant sows and veal calves.  It makes it unlawful to prevent an animal from “[l]ying down, standing up and fully extending the animal’s limbs; and [t]urning around freely.” (emphasis added).  Exceptions include:  (1) scientific research, (2) veterinary care, (3) transportation, (4) exhibition, (5) harvest, and (6) pre-birthing period (7 days prior).  The law does not allow for an affirmative defense that the animal was kept in compliance with best management practices.  This law also allows for a local governing body to adopt and enforce its own animal welfare laws.  This law went into effect on January 1, 2011.

Michigan:  Michigan’s law applies to pregnant sows, veal calves, and laying hens and makes it unlawful to prevent the animal from lying down, standing up, and fully extending limbs or turning around freely.  More specifically, laying hens must have access to at least 1 square foot of floor space.  Exceptions include:  (1) scientific research, (2) veterinary care, (3) transportation, (4) exhibitions, (5) harvest, (6) pre-birthing period (7 days before).  Interestingly, a violation is a civil offense in Michigan (vs. criminal offense) allowing the Michigan Department of Agriculture to bring a civil action for injunctive relief.  The effective dates for the statute are October 1, 2012 (for laying hens and sows) and October 1, 2019 (for veal calves).

Oklahoma:  Oklahoma was one of the first states to have a response statute from the agriculture community.  Oklahoma’s law prohibits local governments (i.e., municipalities, counties, or political subdivisions of the state) from enacting/enforcing any “order, ordinance, or regulation concerning the care and handling of livestock within its jurisdiction.”  The law reserves the power for the Oklahoma Department of Agriculture, Food, and Forestry to implement policies for animal handling/care.

South Carolina:  South Carolina’s law also prohibits local governments from enacting “ordinances, orders, or other regulations concerning the care and handling of livestock and poultry. . .” but reserves this right to laws enacted by the General Assembly and regulations promulgated by state agencies.  This law does not apply to land use and zoning regulations or nuisance suits related to agriculture operations (i.e., Right to Farm Act).

Georgia:  This law prohibits local governments from adopting or enforcing any ordinance, rule, regulation, or resolution regulating “animal husbandry practices involved in the production of agricultural or farm products on any private property.”  It effectively reserves this right to the state legislature.  Again, this law does not apply to land use and zoning regulations.

Ohio:  I previously blogged on this topic.  The constitutional amendment creates a “Livestock Care Standards Board” to govern “the care and well-being of livestock and poultry” in Ohio.  The Board is comprised of thirteen members:  (1) Director of the Ohio Department of Agriculture, (2) a food safety expert, (3) two members from Ohio agriculture organizations, (4) a veterinarian, (5) the State Veterinarian, (6) the dean of The Ohio State University College of Food, Agricultural, and Environmental Sciences, (7) two members from Ohio consumer groups,  (8) a member of a county humane society organized under Ohio law, amd (9) three family farms (one appointed by the Governor, one appointed by the House, and one appointed by the Senate).   A unique prohibition– no more than seven board members may be from the same political party.  The Board has the authority to establish standards subject to the authority of the General Assembly.  The law requires that that Board consider agricultural best management practices for care and well-being, biosecurity, disease prevention, animal morbidity/mortality, food safety, and the protection of local/affordable food for Ohio consumers.  The Ohio Department of Agriculture has the authority to oversee and enforce the livestock care standards.  You can find both proposed and effective standards here.

2010:

Alabama:  This state also now prohibits local governments from adopting rules & regulations regulating animal husbandry and reserves this power to the State Veterinarian.

Indiana:  Indiana’s state code allows for the state board of animal health to “establish standards governing the care of livestock and poultry.”  When adopting the standards, the board should consider (1) the health and husbandry of the livestock and poultry, (2) generally accepted farm management practices, (3) generally accepted veterinary standards and practices, and (4) the economic impact on livestock/poultry farmers/sector and consumers.

Utah:  Utah has created an “Agricultural Advisory Board comprised on 14 members representing each of the following” groups:  (1)  Utah Farm Bureau Federation, (2) Utah Farmers Union, (3) Utah Cattlemen’s Association, (4) Utah Wool Growers’ Association, (5) Utah Dairymen’s Association, (6) Utah Pork Producer’s Association, (7) egg and poultry producers, (8) Utah Veterinary Medical Association, (9) Livestock Auction Marketing Association, (10)Utah Association of Conservation Districts, (11) the Utah horse industry, (12) the food processing industry, and (13) a consumer affairs group.  When establishing standards, the Board shall consider food safety, local availability/affordability of food, and acceptable practices for livestock and farm management.  Members of the Board will be appointed by the Commissioner and will hold a four-year term of office.

West Virginia:  In West Virginia, the legislature created a Livestock Care Standards Board comprised of thirteen members from the following groups:  (1)  Commissioner of the West Virginia Department of Agriculture (ex officio non-voting chairperson of the Board), (2) Director of the Animal Health Division (ex officio non-voting), (3) a veterinarian, (4) the Dean of the West Virginia University, College of Agriculture, Natural Resources and Design, (5) a member representing a county humane society that is organized under state law, (6) a food safety expert, (7) two West Virginia consumers, (8) two members representing West Virginia agriculture organizations –one of whom must be a member of the “largest organization in the state” and the other must be a member of a statewide livestock organization, and (9) three people representing family farms — at least two of whom are from a family farm.  Like Ohio, “[n]o more than seven members of the board may be of the same political party. . .”  The West Virginia Department of Agriculture will administer and enforce the standards established by the board.  The Board will have the power to establish standards governing the (a) care and well-being of livestock, (b) maintenance of food safety, (c) encouragement of locally grown food, and (d) protection of West Virginia farms and families.  When establishing standards, the Board will consider:  (a) best management practices, (b) biosecurity, disease prevention and mortality data, (c) food safety practices, and (d) the protection of local, affordable, food  supplies for consumers.

Louisiana:  Louisiana created a Board of Animal Health with the powers to establish standards for the care and well-being of livestock and poultry.  The Board shall consider the following factors:  (1) health and husbandry of livestock/poultry, (2) generally accepted farm management practices, (3) generally accepted veterinary standards and practices, and (4) economics for both livestock/poultry producers and consumers.  Local governments in Louisiana are also prohibited from adopting rules/regulations for animal husbandry reserving this power to the Commissioner of Agriculture.

Whew.  I’m tired.  Long blog post.  If you are still with me, my next question is this –what is next on the horizon?  Will more states adopt the Livestock Board framework?

There are several states with either proposed bills to create farm animal welfare boards or HSUS sponsored legislation to mandate space for farm animals.  The Animal Agriculture Alliance did a nice job with this summary on pending legislation at the state level (last updated in December 2010).  I would also like to note this pending bill on the federal level.

I would also like to encourage my readers to get involved in your state’s policy making.  You lose your right to complain when you sit on the sidelines.  For those of you who are in New York, please review this previous post on changing the law through involvement in New York Farm Bureau.  I also recommend speaking to law makers (or their aids) directly.

If you are seeking counsel on compliance with the confinement laws in your state, please contact an attorney licensed in that jurisdiction.  This post, or any other post on this blog, should not be construed as legal advice and is for informational purposes only.  These statutes impose serious civil/criminal penalties for violations so it is very important that you seek legal counsel regarding compliance with any of the aforementioned laws.