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 …
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 …
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 …
Ag Torts 101: So What Exactly Is A “Tort?”
I’m starting a new blog series where I will work through different torts that affect farmers, ranchers, and agribusinesses. I think it is important for livestock producers, farmers, and business people involved in this great industry to be cognizant of the main areas of law that affect their everyday life. I will try to make the tort lessons bite size …
Prof. Cupp’s Animal Law Article Wins AALA Scholarship Award
The American Agriculture Law Association (“AALA”) announced that Prof. Richard L. Cupp from Pepperdine University, School of Law won its 2009 Professional Scholarship Award. His article titled Moving Beyond Animal Rights: A Legal/Contractualist Critique and can be downloaded online here from the San Diego Law Review. Prof. Cupp’s article critiques the analogy made by some animal rights theorists between granting …
What is the Biggest Legal Issue Affecting the Agriculture Industry?
In 140 characters or less, the following people on Twitter answered that question as follows: 1. @PoppyDavis from Washington D.C. – “4 produce: FoodSafety regs that conflict w/ environmental regs & make farmers responsible 4 what happens in process & transit.” 2. @nycUlla from New York City and Delhi, New York – “I would say consolidation (anti-trust).” 3. @craig_leach from …
Results from NYSBA Animal Law Student Writing Competition
This past year, I was appointed on the Committee on Animals and the Law for the New York State Bar Association (“NYSBA”). As part of my Committee responsibilities, I am on the sub-committee for the student writing competition. The sub-committee is Chaired by Jessica Sonenshein from Proskauer Rose LLP and Vice-Chaired by Liam Castro from Koehler & Isaacs LLP. Only …