Last winter, I wrote this article which noted that Canada and Mexico both filed complaints with the World Trade Organization (“WTO”) against the United States. Canada and Mexico asserted that our Country-of-Origin Labeling (“COOL”) law violates the international standards of the WTO. Our North American Free Trade Agreement (“NAFTA”) partners have experienced a significant decline in agriculture revenues due to …
Transporting New York Livestock for More Than 28 Hours Without Rest
It is a crime in New York to transport animals for more than 28 consecutive hours without 5 hours of rest along with available food and water. See N.Y. Agric. & Mkts Law § 359. If the owner or person in charge of the shipment provides written consent, then the livestock can be transported no more than 36 consecutive hours. …
Outline Available of Farm Animal Cruelty Laws in New York
I will be a panelist tomorrow at the New York Farm Bureau animal welfare conference in Albany, New York discussing animal cruelty laws that affect New York livestock producers. In preparation for the event, I developed an outline that will be distributed at the conference. My outline is available online here. For those of you who cannot make it, the …
Ag Torts 101: Duty and Standard of Care
As noted in this previous blog, the common law elements of negligence are: 1) duty, 2) breach, 3) causation, and 4) damages. The most important element is duty. So when does one owe a legal duty to another? If there is a duty then what standard of care applies? The general rule is that a person or business owes a …
Connecticut Farm Link Program
Pursuant to Pub. Act No. 07-4, the Connecticut Department of Agriculture established a Farm Link program “to establish a database of farmers and agriculture land owners who intend to sell their farm operations or agricultural land.” The database is maintained by the Connecticut Department of Agriculture and is available online here. The goal of the program is to help keep …
Horse Transportation Requirements in New York
Pursuant to N.Y. Agric. & Mkts Law § 359-a, there are specific requirements in New York for transporting horses. These requirements are New York specific. If you are interested in the requirements in your state, you should contact a local attorney. Pursuant to section 359-a(1), “[e]very vehicle utilized for the transportation of more than six horses shall meet the following …
Reminder: New York Farm Bureau’s Animal Welfare Conference this Thursday
I wanted to remind all my blog readers about New York Farm Bureau‘s animal welfare conference this Thursday, October 15th, at the Clarion Hotel in Albany, New York. A myriad of livestock animal welfare issues will be discussed. I will be a panelist for the day speaking about livestock animal cruelty laws in New York with Richard McNally, a former …
Bull Fighting To Be Left in Mexico
A few years ago, I was visiting a friend of mine in San Diego and we decided to attend a bull fight in Tijuana, Mexico. It was certainly an experience to say the least. I tried to appreciate the event from a cultural standpoint but as an animal lover, it was difficult to watch the bull fight. It reminded me …
Connecticut State Budget Hurts Ag Programs
On October 1st, agriculture programs in Connecticut experienced increases in registration fees and budget decreases for various agriculture programs. Agriculture registration fees in particular significantly increased. Fees under $150 doubled while fees between $150 and $1000 increased by 25%. Previous fees over $1000 experienced a $250 increase. It is unfortunate in the current state of the economy that Connecticut implemented …
Legalese: “Mens Rea”
We’ve heard the term in reference to crimes but what does it mean? Put simply – mens rea refers to criminal intent and is Latin for “guilty mind.” It is rooted in the Latin phrase actus non facit reum nisi mens sit rea which means “the act does not make a person guilty unless the mind be also guilty.” There …
Beef Cattle Blogs To Follow
As I mentioned in this previous blog, National Cattlemen’s Beef Association’s (“NCBA”) Young Producers’ Council (“YPC”) start a new blog “Cattle Call” that can be found here. There has been a lot of hype and chatter about the new blog– I’m very excited to read the viewpoints on these young leaders in the beef industry. There has been an increase …
Ag Torts 101: The Common Law Elements of Negligence
Sorry that it’s been awhile since I have revisited this blog series. I look forward to going through the common torts applicable in the agriculture industry. As I stated in this previous blog, I will first delve into the common law elements of negligence. The term “common law” refers to law determined through judicial decisions, instead of legislatures. Though there …