The scope of the revised Uniform Commercial Code (“UCC”) Article 9 is newly expanded to cover the perfection, priority, and enforcement of nonpossessory “Agricultural Liens” in the farm products of those borrowers involved in farming operations. The definition of “agricultural liens” is different than the broader and more general category of “secured interest”. UCC Article 9 does not supersede any existing statutory …
Cost for Obtaining a Wine License or Permit
Anyone who intends to produce or blend wine must obtain a Federal Basic Permit from the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) and a permit in accordance with NY’s ABC law. The TTB Permit is referred to as the “Application for Basic Permit Under the Federal Alcohol Administration Act” and may be found here. The New York application …
How to Make a Freedom of Information Act Request- Part 6
This is Part 6 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Make sure to read the previous 5 blog posts to get the full picture! Step 6: Review FOIA Request After the agency has received your fees, it will process your request. The agency may send you a written “initial determination” …
How to Make a Freedom of Information Act Request – Part 5
This is Part 5 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Please stay tuned for the other blogs for the full picture! Step 5: Pay Fees There is no initial fee to file a FOIA request; however, federal agencies are allowed to request “reasonable standard charges for document search, duplication, …
How to Make a Freedom of Information Act Request – Part 4
This is Part 4 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Please stay tuned for the other blogs for the full picture! Step 4: Wait for Government Response Federal governmental agencies are required to respond to FOIA requests within twenty business days, excluding weekends and holidays, beginning from receipt of …
Transcript from Keynote Presentation and Direct Farm Marketing Roundtable
Last fall, I had the pleasure of giving the Keynote address at the University of Tennessee College of Law’s Agriculture Law & Policy Symposium. My presentation from my “National Agriculture Law Update” is found here. I was also on a roundtable discussing direct farm marketing. The presentation materials are found here. Recently, the Tennessee Journal of Law and Policy published …
How to Make a Freedom of Information Act Request- Part 3
This is Part 3 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Please stay tuned for the other blogs for the full picture! Step 3: Draft and Mail Your Written FOIA Request Letter You cannot make a FOIA request to a federal agency over the telephone. All FOIA requests must be …
Alleged Violation of Supplemental Nutrition Assistance Program (SNAP)? Overview of a “Charge Letter”
Retailers who accept SNAP benefits, also known as food stamps, are subject to random inspections by undercover United State Department of Agriculture (“USDA”) inspectors. The undercover inspectors check to see if retailers are selling unauthorized items or if the retailer is involved in trafficking, which is the exchange of money for food stamps. In the event that the undercover investigator …
How to Make a Freedom of Information Act Request- Part 2
This is Part 2 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Please stay tuned for the other blogs for the full picture! Step 2: Choose The Government Agency or Agencies To Request Documents On either the federal or state level, there is not one central office that manages all …
How to Make a Freedom of Information Act Request – Part 1
This is Part 1 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Please stay tuned for the other blogs for the full picture! Step 1: Decide If It Is Necessary To File a FOIA Request Not all agency records require a written FOIA request. In 1996, Congress passed the Electronic Freedom of Information …
Overview of FOIA for Food and Agriculture Businesses in New York
You may find a time when you want to see the documents available to the public about yourself or your food or agriculture operation. There are two main federal statutes that guide the process of obtaining information from the federal government: (i) Freedom of Information Act (“FOIA”) and (ii) Privacy Act (“PA”). In New York, requests can be made to …
Alleged Violation of Supplemental Nutrition Assistance Program (SNAP)? Seeking a Civil Monetary Penalty in Lieu of Permanent Disqualification
Accepting SNAP benefits allows a retailer to provide staple foods to members of the community who would be otherwise unable to afford basics. Being licensed to accept SNAP benefits also comes with the responsibility of ensuring that all SNAP regulations are followed. This includes ensuring that employees do not allow customers to use SNAP benefits for unauthorized items, such as …