In June 2015, the Food & Drug Administration (“FDA”) promulgated the second Veterinary Feed Directive (“VFD”) affecting livestock producers that use medicated feed and water. The final rule became effective in October 2015 transitioning Over-the-Counter (“OTC”) drugs to be VFD through January 1, 2017. This requires veterinarians to have a Veterinary-Client-Patient Relationship (“VCPR”) and use a VFD to prescribe the …
Farm Machinery Purchase Agreements
Buying farm machinery is a long term purchase and there are multiple ways to go about obtaining the equipment: 1. Outright Sale: An outright sale occurs when the ownership is transferred to the buyer and the seller is paid in full at one time. 2. Installment Sale: The buyer obtains immediate possession and use of machinery, but seller obtains payment …
Upcoming Lawline Presentation on Veterinary Feed Directive
[slideshare id=67083532&doc=overviewoftheveterinaryfeeddirective-161012174759] This presentation was created for the upcoming Lawline.com presentation titled “Lawyer’s Guide to the Veterinary Feed Directive.” The Lawline presentation will be on November 3, 2016 at 3:30pm ET. It is a more expanded presentation from the one that I gave a few weeks ago in Oklahoma City, OK at the American Agriculture Law Association (“AALA”) Annual Meeting. …
Emotional Support Animals and the Americans with Disabilities Act
Animals can be domesticated pets, but they can also provide emotional support to their owners. An emotional support animal (“ESA”) is used to provide a therapeutic benefit to an individual with a mental or psychiatric disability. The difference between an emotional support animal and a service animal is that the service animal usually performs a task that helps a person …
Upcoming Veterinary Feed Directive Presentation at Lawline
Happy Columbus Day! I’m back from Oklahoma from the American Agriculture Law Association (“AALA”) Annual Educational Symposium. Hopefully you followed along with my tweets from the conference with a #AALA16 hashtag. If you missed my presentation on the Veterinary Feed Directive (“VFD”) last week in Oklahoma then I have good news for you. I will be giving a webinar on …
Custom Feeding Arrangement Agreements
A custom feeding contract is between a livestock owner and a livestock feeder with market animals. The following information should be included in the contract: 1. Identification of Livestock: This includes type, weight, sex, and breed/color of the livestock. 2. Feeding and Nutrition: The contract should specifically detail the feeding regimen, including the type of feed, feeding schedule, access to …
Oklahoma Bound this Week- Hear Me Speak in a Feedyard!
Exciting week ahead! I will be heading to Oklahoma City, OK this week for the American Agriculture Law Association (“AALA”) Annual Agriculture Law Educational Symposium. I will be presenting this Thursday in the feedyard on the Veterinary Feed Directive (I think I should wear cowgirl boots, right? Like a true cowgirl lawyer…). If you’re at AALA, I’m looking forward to seeing …
So What About Those Farm Pictures? The Legal Side of Farm Photography
I wrote an article recently on the legal side of farm photography, which can be accessed from my JD Supra page here. The article gives a brief overview of the law of photography and the need for a model release and/or property release in some circumstances. Happy reading! Share this Article
Livestock Leases
Leasing livestock, rather than buying it, can be a better option for many farmers depending on the situation. Leases are available for different types of livestock and the agreement should include the following clauses: 1. Description of Animals: The lease should include how many of the livestock are being leased and descriptions of the animals, including any special identifying features. …
Lawline Presentation: Overview of Common Agriculture Contacts
<iframe width=”560″ height=”315″ src=”https://www.youtube.com/embed/aYx8HfACKKg” frameborder=”0″ allowfullscreen></iframe> Here is the video of the presentation that I gave to Lawline this past summer on an Overview of Common Agriculture Contracts. You can download the slides and the presentation materials that go along with this presentation and get Continuing Legal Education (“CLE”) credits (for you lawyers out there) via Lawline here. This …
Overview of Agriculture Production Contracts
An agriculture production contract is an agreement where a producer agrees to raise a commodity in a manner established by the contractor and to deliver the commodity to the contractor while the contractor agrees to pay the producer in return. A commodity can include livestock, raw milk, and crops. Livestock may include beef cattle, dairy cattle, sheep, and swine, while …
Overview of the Veterinary Feed Directive
The below presentation was prepared for the upcoming American Agriculture Law Association (“AALA”) Annual Educational Symposium to be held in Oklahoma City, OK. This presentation will be given in the stockyards on October 6, 2016. It first lays the background of the Veterinary Feed Directive (“VFD”) and then delves into the requirements of various stakeholders including (1) veterinarians, (2) livestock producers, …