The goal of the Federal Endangered Species Act (“ESA”) of 1973 is to create conservation programs and incentive systems to safeguard the nation’s fish, wildlife, and plants. The U.S. Fish and Wildlife Service (“USFWS”) is tasked with overseeing ESA regulations. New York’s various laws and regulations related to water pollution, waste management, and pesticides are tailored to protect wildlife, aquatic …
Book Release Party at Rincker Law
I’ll be hosting a book release party on September 30, 2013 from 4:30 to 7:30pm at my law office. If you’re interested in attending, please RSVP here or shoot me an email. You can now buy your own copy of the book on Amazon.com. I will be going on a “book tour” soon throughout New York State. If you would …
Legal Structure of Farmers’ Markets
Kudos to Erin Kee and Jason Foscolo for co-authoring this substantive article on the the choices of entities for farmers’ markets. I’m teaching the undergraduate food law course at New York University this semester. Today, I am lecturing on direct farm marketing and local food law. Erin and Jason’s article was included in the “recommended reading” for today’s lecture. I …
Ask Cari: What are the Common Mistakes Farmers Make When Creating Their Estate Plans
I was asked this question by a farm journalist. My response is below. Mistake #1: Believing that having a Last Will and Testament is an “estate plan.” Many people think that “estate planning” is really just hiring a lawyer to draft a Last Will and Testament; however, it’s more complicated than that. A good estate planning attorney will have you …
Upcoming Lawline Series on Food and Agriculture Law Topics
I’m very excited to announce that I will be putting on a three part food and agriculture law series with Lawline. These will be the first food and agriculture law presentations on Lawline. It is FREE to come to the live recording of the lecture. The recording will later be available on lawline.com, along with some other great law lectures. …
Laws Regulating Solid & Hazardous Waste in New York
The Federal Resource Conservation and Recovery Act (“RCRA”) was enacted in 1976 to protect citizens from hazardous waste by controlling the manner in which waste is disposed. The New York Solid and Hazardous Waste Management Law is the state counterpart to the RCRA, designed to safeguard the public while encouraging the conservation of energy and natural resources. Both state and …
NY Lien Law: New York State Milk and Agricultural Products Security Trust Funds
Although most NY statutory liens are under the NY Lien law, the New York State Commissioner of Agriculture and Markets has a lien interest under Section 25-b of NY Agriculture and Markets Law against licensed milk dealers. This interest arises from the Commissioners role in administering the Milk Producers Security Fund. Milk dealers may, however, provide an alternate form of …
Laws Regulating Air with New York Agriculture
The Federal Clean Air Act (“CAA”) was signed into law in 1970 and Congress enacted the last major amendments in 1990. The CAA charges the EPA with the protection and improvement of the country’s air quality and the ozone layer. The New York Air Pollution Control Act (“APCA”) empowers the NYDEC to administer the federal CAA programs and to adopt …
In Case You Missed It: Food Labeling Webinar
Last May, I had to pleasure to moderate a Continuing Legal Education (“CLE”) webinar for the American Bar Association (“ABA”) General Practice, Solo & Small Firm Division’s (“GP Solo”) Agriculture Law Committee on food labeling issues for farmers, food entrepreneurs and restaurants. If you missed the live webinar, you can purchase the recording here. Furthermore, don’t forget that the GP …
Laws Regulating Water in New York Agriculture
The Federal Clean Water Act (“CWA”) was enacted in 1972 with the goal of protecting the country’s waterways from pollution. The Environmental Protection Agency (“EPA”) is charged with enforcing the CWA at the federal level. The New York Department of Environmental Conservation (“DEC”) works at the state level to protect New York’s water resources. While states must adhere to the …
Overview of New York Right-to-Farm Law
NY Agric. & Mkts § 300 et seq. sets forth agricultural districts in the State of New York. “The socio-economic vitality of agriculture in this state is essential to the economic stability and growth of many local communities and the state as a whole. It is, therefore, the declared policy of the state to conserve, protect and encourage the development …