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.

I will be attending the 179th Annual New York State Agriculture Society (“NYSAG”) Meeting & Agriculture Forum in Syracuse, New York on January 6, 2011 at the Holiday Inn.  This year’s theme is “Eat Local/Feed the World – Food Production for the Future.“   It is a timely topic with the momentum of the local food movement in light of a growing world population.   Food security- both in developed and developing countries-  is a strong passion of mine.   The event is cosponsored by the New York State Department of Agriculture and Markets.

I am especially excited to hear the the keynote speaker for the event - Dr. Robert Thompson.  He recently retired from my alum – the University of Illinois at Urbana-Champaign - where he was the Chair of Agriculture Policy and taught Food Policy and Food Production.  Before joining the ag policy team at U of I, Dr. Thompson was the Senior Advisor for Agriculture Trade Policy at the World Bank Group, the Dean of the College of Agriculture at Purdue University, and worked at the U.S. Department of Agriculture.  Dr. Thompson was raised on a dairy farm in Upstate New York.

The panelists for the afternoon include the following:

1.  Dr. Robert Gravani from Cornell University - “Food Safety As It Pertains To Local and Global Food Production;”

2.  David Swenson from Iowa State University - “Economics of Food Production and Potential Future Issues;”

3.  Dr. Jennifer Wilkins from Cornell University - “Nutritional Aspects of Future Food Production;”

4.  Jim Bittner from Singer Farms - “What Does Eat Local/Feed the Word Mean to Local Farmers in New York State?”

This outstanding topic should make for an interesting and though-provoking day.  If you have not done so already, you can register online here.

Today I am getting on an airplane from LGA and heading to Omaha, Nebraska for the American Agriculture Law Association‘s (“AALA”) 31st Annual Agriculture Law Symposium.  I’m always excited to meet other food and agriculture attorneys.  Nebraska is such a great agriculture state.  I haven’t been to Omaha for a few years.

This year’s conference has an excellent line-up:

On Friday, the General Session consists of updates from industry experts discussing developments in commercial law, tax law, agriculture bankruptcy, sustainability, food law, land use law, environmental law, and the Farm Bill. I am particularly excited for the Keynote Address by Former Secretary of Agriculture and Senator Mike Johanns.  On Friday early afternoon there will be breakout sessions in:  1) tax law developments, 2) natural gas, wind and solar energy, 3) federal legal issues regarding livestock production, and 4) food safety.  I can tell that I’m attending the right conference when I wish I could be in four rooms at the same time.  Late afternoon will have breakouts discussing the:  1) Uniform Commercial Code, 2) non-point source developments, 3) wind farms, and 4) antitrust developments.  Again, another excellent slate of issues — all of which are important to the agriculture industry.

Saturday morning’s breakout sessions consist of the following topics:  1)  agriculture liens, 2) climate change, 3) Farm Bill, and 4) Good Agriculture Practices (“GAP”).  Even though Farm Bill policy conversations fascinate me, I think I’m going to attend the session on agriculture liens.  In the early afternoon that day there will be sessions on:  1) crop insurance, 2) agriculture competition for water, 3) nuisance and trespass suits with livestock production, and 4) taxation of natural resources.  I will likely attend the session on crop insurance since it has become a strong interest of mine over the last few years.  The final session of the day has breakout sessions on the following topics:  1) agriculture and forestry land use regulation, 2) sustainability, organic production and energy, 3) animal rights, 4) and social media.  I will probably attend the session on livestock animal welfare – a strong passion of mine.   The day ends with a session by Prof. Jesse Richardson on Conservation Easements.

I will try to post a debrief of the conference like I did last year.  You can follow my tweets live from the conference itself from @CariRincker and @RinckerLaw with the #AALA hashtag.  For those of you who are law students, please consider attending the conference next year.  Though generous donations, AALA is able to help law students with registration costs and travel expenses. If you are interested in joining AALA, you can find the membership form here.

Had a great time last week at the New York Agri-Women reception and agriculture tours in New York City getting to know women involved in the New York agriculture industry.  I know that it is a long drive for most people in Upstate New York to make it down to NYC so I really appreciate the effort from all the ladies who attendend.  I had an opportunity to interview a few of the participants about the event, New York Agri-Women and their agriculture policy concerns.  Shiela Marshman from Oxford, New York had the following responses:

1.  What is your connection to New York agriculture?

[I am a] Professor of Agriculture Business and Chair of the Department of Dairy Management, Agriculture Science and Agriculture Business at Morrisonville State College; My husband and his family operate a 6th generation dairy farm. 

2.  What did you enjoy most about the New York Agri-Women reception and agriculture tour in the greater NYC area?

I enjoyed interacting with the other women.  I am amazed at the depth of women involved in agriculture.

3.  What would you like to see New York Agri-Women accomplish over the next few years?

We have much work to do with our food system.  Consumers are unaware of the risks of imported foods.  The food is not inspected or regulated for pesticides.  We produce the highest quality foods here in the U.S.–a secret we keep from the consumer.

4.  What are some of your biggest agriculture policy concerns at the federal, state, and/or local level?

Similar to question #3 – we need to do more to promote U.S. foods, food safety and nutrition.

As an aside, I had a nice conversation with Shiela about the New York L.E.A.D. (“Leadership, Education and Development”) program.  When I lived in Cheyenne, Wyoming, I was very interested in participating in Wyoming L.E.A.D. after the reccomendation from Kara Brighton, owner of Hageman & Brighton, P.C., a firm that deals extensively with Wyoming water rights issues.  The L.E.A.D. program is offered in several states and seems like an excellent way for folks involved in the agriculture industry to delve into state specific agriculture issues and hone their communication skills to become leaders in agriculture.  This year’s New York L.E.A.D. workshop schedule illustrates the diversity within the New York agriculture industry. 

I am particularly attracted to the fact that L.E.A.D. programs have an agriculture policy component with stops at the state capital and Washington D.C.  Additionally, at the end of the L.E.A.D. program there is an international trip in a foreign country.  Due to my legal consultancy experience with the Food and Agriculture Organization of the United Nations and other international traveling experiences, I am especially passionate about international food and agriculture issues.  It is becoming increasingly clear how connected the world is and how every country needs to play its part in the food security solution.  I am glad to see that the L.E.A.D. program shines light on agriculture production issues in other countries.    

I encourage you to look into your state’s L.E.A.D. program if you have not done so already.  This years’s New York L.E.A.D. Class looks like a great crew.  If you are interested in New York L.E.A.D., applications for the 2011 Class will be available next January.

Last week I recieved this tweet from @NateJaeger, the Director of the Beef, Equine, and Hay & Forage Commodities at the Alabama Farmers Federation: 

Hey @CariRincker why haven’t you told us about this b4 http://www.nationalaglawcenter.org.  It’s awesome.

I responded to @NateJaeger indicating that the National Agricultural Law Center was a fantastic resource for people and agribusinesses in nearly every segment of the food and agriculture industry. 

In 1987, Congress created the National Agricultural Law Center at the University of Arkansas, School of Law.   It is funded by federal monies through the U.S. Department of Agriculture (“USDA”) Agriculture Research Service‘s (“ARS”) National Agricultural Library.  If you haven’t visited the National Agricultural Law Center’s website yet then I encourage you to do so.  It has a myriad of helpful information in its ”reading rooms” on a wide variety of topics including: agriculture leases, agritourism, animal feeding operations (“AFOs”), animal identification, animal welfare, aquaculture, biosecurity, business organizations, checkoff programs, Clean Water Act, cooperatives, Country of Origin Labeling (“COOL”), disaster assistance/crop insurance, estate planning, finance and credit, food safety, international agriculture law and organizations, international agriculture trade, labor, organic labeling, nutrition, packers and stockyards, pesticides, renewable energy, secured transactions, urban agriculture, and water law. 

You can also follow the Natioinal Agriculture Law Center on Twitter @NatAgLaw.

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?