Although land use and zoning issues can also affect agriculture in rural areas throughout New York state, an urban or suburban farmer should carefully review the zoning code. According to Dean Patricia Salkin at Touro Law Center in the “Counseling the Local Food Movement” webinar with the American Bar Association, there are several zoning mechanisms that can be used to promote small-scale …
Upcoming Presentation at AALA on Veterinary Feed Directive
I will be presenting at the American Agriculture Law Association (“AALA”) Annual Educational Symposium, October 6-8, 2016 in Oklahoma City on the Veterinary Feed Directive. I’m super excited because my presentation will be in the STOCKYARDS on October 6th at 4:00pm. Can we say Cowgirl Lawyer? (I will be wearing cowboy boots…) I will be updating the below presentation that …
Happy 7th Birthday to Rincker Law!
Rincker Law, PLLC is 7 years old! With each anniversary of my law practice, I like to reflect on the previous year. Ruth has been my right hand girl for a few years now but Ravi Cattry joined the team a year ago. It’s been great having these two ladies a part of the firm’s growth over the years. …
Presentation on Common Agriculture Contacts
[slideshare id=64362431&doc=overviewofcommonagriculturecontracts-7-25-16-160725160412] I will be going through the above presentation for a live webcast this Thursday at 3:30pm ET via Lawline. The recording will be available soon after my presentation via Lawline. You can register for the live webcast here. In this presentation, I will be discussing a few of the major contractual issues that affect production agriculture including agriculture production …
Outline Giving Overview Common Agriculture Contracts
You can download my substantive outline discussing a few of the major contractual issues that affect production agriculture on my JD Supra page here. The outline discusses a myriad of contracts issues including: agriculture production contracts, purchase agreements (for land, livestock and farm equipment), leases (for land, livestock and farm equipment), special contracts (e.g., custom feeding arrangements, embryo transfer contracts, …
New York Agriculture Liens: Truckman’s Lien
Under Section 187 of NY Lien Law, every person or entity engaged in “carting or trucking property shall have a lien upon such property and may retain such portion of the property in his possession” to help ensure payment for the truckman or drayman. See NY Lien Law § 187[1]. Possession of the property is required for this lien. Please note that …
New York Agriculture Liens: Lien on Stray Animals
Under NY Town Law § 310, if a person has any strayed horses, cattle, sheep, swine, goats or other livestock animal upon their property which is not adjoined to the livestock owner’s property (in other words, not your immediate neighbor), then that person may have a lien claim against the stray animals. The livestock must have caused property damage and the escape of the …
New York Agriculture Liens: Stableman’s Lien
Under Section 183 of NY Lien Law, any veterinarian who renders treatment to or boards any dog, cat, or other domestic animal or person keeping a livery stable, boarding stable or pasturing animals has a lien over the animal and any equipment kept and stored in conjunction with the animal, such as a “wagon, truck, cart, carriage, vehicle or harness”. Possession of this …
New York Agriculture Liens: Liens for Service of Stallions or Bulls
Under Section 160 of NY Lien Law, the “owner of a stallion or bull shall have a lien on each mare or cow served together with the foal or calf of each mare or cow from such service, for the amount agreed on at the time of service. . .” However, said lien will not be able to be enforced if the owner falsely states the …
New York Agriculture Lien Law: Landlord’s Lien
A landlord’s lien used to be superior to other creditors’ claims; however, in New York, it does not arise automatically because a landlord-tenant relationship is created. Landlords who want to retain title to the products of the land against the tenant’s other creditors must explicitly include a provision to that effect in the lease. Both the landlord and tenant should memorialize their …
New York Agriculture Liens: Background
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 …