Although most NY statutory liens are under the NY Lien law, the New York State Commissioner of Agriculture and Markets has a lien interest under Section 25-b of NY Agriculture and Markets Law against licensed milk dealers. This interest arises from the Commissioners role in administering the Milk Producers Security Fund. Milk dealers may, however, provide an alternate form of …
Laws Regulating Air with New York Agriculture
The Federal Clean Air Act (“CAA”) was signed into law in 1970 and Congress enacted the last major amendments in 1990. The CAA charges the EPA with the protection and improvement of the country’s air quality and the ozone layer. The New York Air Pollution Control Act (“APCA”) empowers the NYDEC to administer the federal CAA programs and to adopt …
In Case You Missed It: Food Labeling Webinar
Last May, I had to pleasure to moderate a Continuing Legal Education (“CLE”) webinar for the American Bar Association (“ABA”) General Practice, Solo & Small Firm Division’s (“GP Solo”) Agriculture Law Committee on food labeling issues for farmers, food entrepreneurs and restaurants. If you missed the live webinar, you can purchase the recording here. Furthermore, don’t forget that the GP …
Divorce Paths in New York: Contested vs. Uncontested Divorces
When I have a consultation with a divorce client, I always explain all of their different options. There are two different paths in New York for divorces – contested divorces and uncontested divorces. In contested divorces, court intervention is used. In either path, mediation can be used as a tool to help encourage settlement. Rincker Law, PLLC also does pro …
Laws Regulating Water in New York Agriculture
The Federal Clean Water Act (“CWA”) was enacted in 1972 with the goal of protecting the country’s waterways from pollution. The Environmental Protection Agency (“EPA”) is charged with enforcing the CWA at the federal level. The New York Department of Environmental Conservation (“DEC”) works at the state level to protect New York’s water resources. While states must adhere to the …
Overview of New York Right-to-Farm Law
NY Agric. & Mkts § 300 et seq. sets forth agricultural districts in the State of New York. “The socio-economic vitality of agriculture in this state is essential to the economic stability and growth of many local communities and the state as a whole. It is, therefore, the declared policy of the state to conserve, protect and encourage the development …
Some Thoughts on Cattle Embryo Flush Agreements
Are you a cattle producer who would like to buy or sell an embryo flush? If you follow this blog, you know that I’m a fan of getting these types of agreements in writing. Here are some questions to ask before drafting an embryo flush agreement: 1. Will there be a minimum number of Grade No. 1 embryos that are …
Overview of the Environmental Protection Agency
I’m currently conducting a blog series where each week I give a brief overview of the responsibilities of a government agency regulating our food and agriculture system. I think it’s a helpful reminder for everyone on just how complex our regulatory system really is. It’s a game of Who’s Who for government players in the U.S. food and agriculture economy. …
NY Ag Lien: Truckman’s Lien
Under Section 187 of NY Lien Law, every person or entity engaged in “carting or trucking property shall have a lien upon such property and may retain such portion of the property in his possession” to help ensure payment for the truckman or drayman. See N.Y. Lien Law § 187[1]. Possession of the property is required for this lien. Please …
North Carolina Farm & Food Law CLE – Contracts
I am excited to participate in the North Carolina Farm and Food Law CLE on October 17, 2013 at the North Carolina Bar Center in Cary, North Carolina. I will be giving an “Overview of Common Agriculture Contracts in North Carolina” including agriculture production contacts, custom feeding arrangements, farm leases, farm machinery agreements, and partnership agreements for farms and food …
Overview of the New York State Department of Agriculture and Markets
I’m currently conducting a blog series where each week I give a brief overview of the responsibilities of a government agency regulating our food and agriculture system. I think it’s a helpful reminder for everyone on just how complex our regulatory system really is. It’s a game of Who’s Who for government players in the U.S. food and agriculture economy. …
Reappointed Chair of the ABA GP Solo Agriculture Law Committee
For the third year in a row, I have been appointed as the Chair of the American Bar Association (“ABA”) General Practice Solo & Small Firm Division’s (“GP Solo”) Agriculture Law Committee. We have put on 4 great Continuing Legal Education (“CLE”) webinars over the last two years including: crop/livestock insurance, local food law, labor/employment law, and food labeling. We …