New York Office535 Fifth Avenue, 4th floor
New York, NY 10017
Office: (212) 427-2049
Fax: (212) 202-6077
Illinois Office301 N. Neil Street, Suite 400
Champaign, IL 61820
Office: (217) 531-2179
Skype: Cari.Rincker
cari@rinckerlaw.com

Food & Agriculture Law

4Cari is a nationally renowned food and agriculture lawyer. Cari is licensed in Illinois, New York, New Jersey, Connecticut and Washington D.C.; however, with the help of a network of lawyers around the country serving as local counsel, Cari has developed a national practice.
Cari aims to work as a general counsel for food and agri-businesses of varying shapes and sizes guiding them through a complex legal system. Cari’s food and agriculture practice is primarily transactional but can also work with litigation that arises with food and agriculture clients on a case-by-case basis.

Who Do We Serve?

Cari works with various segments of the food, fiber and agriculture industries, including:

  • Farmers and ranchers
  • Farm workers
  • Veterinarians
  • Embryologist
  • Food entrepreneurs and food companies
  • Livestock and food photographers
  • Food and agriculture technology companies
  • Agri-businesses
  • Agriculture communicators and professionals
  • Not-for-Profit Organizations
  • Restaurants
  • Food trucks
  • Farmers Markets
  • Community Supported Agriculture organizations
  • Rooftop farms and urban agriculture
  • Community gardens
  • Landlords who own commercial land for food and agriculture production and service
  • Horse trainers and stablemen
  • Farm and ranch families
  • Vineyards
  • Breweries
  • Grocery stores, gas stations and vendor accepting Supplemental Nutrition Assistance Program (“SNAP”) payments

IMG_5783What Do We Do?

Food and agriculture law is difficult to clearly define because it is an industry based practice.  Rincker Law would like to be the “outsourced general counsel” for your food and agriculture business.  Cari and her team can help you with the following types of legal issues:

 

 

  • Animal Law – Including livestock animal cruelty disputes, estate planning issues with farm/ranch companion animals;
  • Business Formations – Forming general partnerships, limited partnerships (including family limited partnerships), limited liability companies (including family limited liability companies), corporations (including S-corps, C-corps, and B-corps), and assisting with sole proprietorships (e.g., filing Certificate of Assumed Names);
  • Business Planning – Drafting buy-sell agreements, helping determine the proper legal structure as the business changes and grows, and assisting clients with the succession of the food or agri-business;
  • Confidentiality Agreements – Drafting, reviewing and negotiating both bi-lateral (two-way) or unilateral (one-way) Non-Disclosure Agreements;
  • Contract Law – Assistance with drafting, reviewing and negotiating a wide range of contracts suitable for the particular food and agri-business (including but not limited to agriculture production contracts, livestock purchase agreements, embryo transfer contracts, bull leases, ram/boar leases, commercial kitchen leases, stocker cattle agreements, custom feeding arrangements, grazing leases);
  • Cottage Food Operation Law – Assisting food entrepreneurs with home-based food processing with legal compliance;
  • iStock_000014734121Medium-(2014_01_23-22_01_17-UTC)Crop Insurance – Assisting farmers with disputes regarding crop insurance reinsured by the Federal Crop Insurance Corporation (“FCIC”) and issued by the U.S. Department of Agriculture (“USDA”) Risk Management Agency (“RMA”);
  • Debt Collection – Assisting food and agriculture clients with pre- and post-judgment debt collection;
  • Employment and Labor Law – Drafting and reviewing employment handbooks and employment/independent contractor agreements, providing counsel on volunteer farm labor and “in kind” compensation, assisting food and agriculture law clients with hiring and firing employees, and providing information to food and agriculture clients on internships/apprenticeships, child labor laws and the Fair Labor Standards Act;
  • Equine Law – Drafting and reviewing a variety of horse leases;
  • Energy Law – Drafting, reviewing and negotiating wind energy leases and solar power purchase agreements;
  • Environmental Law – Providing guidance to Concentrated Animal Feeding Operations and Animal Feeding Operations to the Clean Water Act (“CWA”) and providing counsel on other environmental laws including but not limited to the Clean Air Act (“CAA”), Resource Conservation and Recovery Act (“RCRA”), Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”);
  • Estate Planning – Drafting and providing estate planning guidance for food and agriculture clients using tools such as Last Will and Testament, Living Wills, Health Care Proxies (or Medical Power of Attorneys), Power of Attorney, Revocable Living Trusts (“RLT”);
  • Fotolia_50729016_M-(2014_01_23-22_01_17-UTC)Food Labeling – Reviewing food labels for compliance with state and federal law;
  • Food Law – Providing other types of counsel to food entrepreneurs, food companies and food vendors including but not limited to guidance under the Food Safety Modernization Act, National Organic Program, egg regulation, food safety, Supplemental Nutrition Assistance Program (“SNAP” f/k/a “food stamps”), and permit regulation;
  • Livestock Insurance – Assisting livestock producers with private livestock insurance or federally reinsured livestock insurance administered by RMA;
  • Grant Application – Drafting grant applications at the state and federal level;
  • Intellectual Property Law – Filing copyrights with the U.S. Copyright Office, registering trademarks with the U.S. Patent and Trademark Office (“USPTO”) or at the state law, providing guidance on trade secret law, and assisting clients with infringement;
  • International Law – Assistance with international business transactions concerning food and agriculture and international trade;
  • LandlordTenant Law – Drafting, reviewing and negotiating farm and ranch leases (including grazing leases) and assistance with evictions from commercial leases;
  • Land Use and Zoning – Providing counsel to clients on local zoning regulations, assisting clients with disputes relating to the right-to-farm law, and providing assistance to urban agriculture;
  • Local Food Law – Assisting various segments of the local food industry and clients involved in direct farm marketing such as drafting the Market Rules for farmers’ markets, not-for-profit entity formation, Community Support Agriculture (“CSA”) agreements and providing counsel on volunteer farm labor, “compensated” farm volunteers and “in kind” compensation, providing assistance to community gardens and other forms of urban agriculture (e.g., backyard chickens, apiaries), providing guidance in on-farm poultry slaughter and home-based food processing;
  • Notfor-Profit Law – Providing assistance to food and agriculture not-for-profit organizations;
  • Real Estate Law – Drafting easements, providing assistance with adverse possession law, providing help with farm and ranch real estate purchases and transactions or commercial purchases for other segments of the food and agriculture industry; and,
  • Technology Law – Drafting Terms of Service and Privacy Statements for food and Fotolia_35533232_M-1-(2013_09_22-13_37_42-UTC)agriculture websites and providing guidance on other technology issues such as software license agreements and cyber insurance.
  • Wine and Vineyard Law – Offering guidance under the Federal Alcohol Administration Act and applicable state law, assisting clients in filing the Federal Basic Permit with the Alcohol and Tobacco Tax and Trade Bureau (“TTB”), and assisting different types of facilities comply with applicable state and federal law (including stand alone bonded wineries, alternating proprietor, custom crush, bonded wine cellar).