Exciting news! I will be teaching a 1 credit summer course at Pace Law School, my alum, that will give a cursory overview of the laws regulating the U.S. food and agriculture system. The class will touch on the various practice areas affecting production agriculture and food entrepreneurs including farm programs, disaster assistance, environmental law, financing, right-to-farm, employment/labor law, livestock …
Picking the Right Management for Your Limited Liability Company
So you’ve decided to form a limited liability company — congrats on your new business venture. After filing the Articles of Organization with the Department of State and complying with any publication requirement, the next step is to draft the LLC’s operating agreement. In doing so, you must decide whether you want your limited liability company to be member-managed or …
Ask Cari: Is Rental Income from a Farm Lease Self-Employment Taxable for Social Security Purposes?
I was recently posed this question from a farmer close to retirement concerned about social security. He has been farming his whole life and would like to shift into a landlord role. In way of background, you must have a certain number of credits under the social security system before receiving social security based eligible quarters. A farmer may have …
Legal Assistance Network for the Hispanic and Women Farmers and Ranchers Claims Process
As I noted in this previous post, I have been trained to represent claimants for theUSDA Hispanic and Women Farmers and Ranchers Claims Resolution Process. Those who are eligible must file no later than March 25, 2013. For those of you who may be eligible, you can find a list of the attorneys (including myself) in the Legal Assistance Network who …
In 2013, Improve the “Default” Estate Plan for your Family Farm
I make no secret on this blog about my passion for farm estate and succession planning. It is oftentimes pushed aside to be dealt with later. I wanted to note that I was interviewed by Farm Journal in this article regarding the improvement of the “default” estate planning for the family farm. I suggest that my readers look into the …
Save the Date: Farm Employment/Labor Law Webinar on Feb. 20th
I will be moderating a webinar titled “Overview of Employment and Labor Law for Farms and Ranches” on Wednesday, February 20, 2013 from 2:00- 4:00 ET for the American Bar Association’s General Practice, Solo & Small Firm Division’s Agriculture Law Committee. Other faculty include Rachel Armstrong (Farm Commons), Kimbery Clarke (Varum LLP), Edward Cox (Drake University Agriculture Law Center), Karen Eichman …
What’s the Skinny on Limited Partnerships?
As I noted in this post, a limited partnership is choice of entity that could be utilized by a farm or agri-business. With limited partnerships, there are two classes of partners: (1) general partners and (2) limited partners. This differs from a general partnership in several ways. The general partners are really the ones “running the show” by controlling most …
Trained to Represent Claimants in the USDA Hispanic and Women Farmers and Ranchers Claims Resolution Process
I recently completed the training thru the National Agriculture Law Center (“NALC”) to represent claimants for the USDA Hispanic and Women Farmers and Ranchers Claims Resolution Process. If you are a female or hispanic farmer or rancher who believe the U.S. Department of Agriculture improperly denied you farm loan benefits between 1981 and 2000, you may be eligible for a …
New York Sanitation Requirements for Direct Marketing of Food Products
New York State Department of Agriculture & Markets (“NYSDAM”) has sanitation requirements for the direct marketing of food products. Pursuant to Article 17, NYSDAM regulates the food sanitary conditions of “retail food stores.” Said “retail food stores” do not include roadside stands, on-farm outlets, and farmers’ markets. Even though farmers participating in these methods are still subject to inspection, if …
My Presentation for Morrisville State College Equine and Dairy Students
I had a wonderful opportunity this week to speak to equine and dairy science students at Morrisville State College via Skype on a select legal issues affecting the New York livestock industry. I spoke about New York lien law, livestock animal cruelty law and business organizations. I have included the presentation below. [slideshare id=15486068&doc=nylivestocklaw2-121204102537-phpapp01] New York Agri-Women had its first …
On-Farm Poultry Slaughter Guide for the New York Farmer
I want to commend the Cornell Small Farms Program for its publication titled “On-Farm Poultry Slaughter Guidelines” (available on its resources page). I reviewed the guide in its entirety in preparation for the local food CLE that was scheduled at Pace Law School in October (rescheduled for March 13th due to Hurricane Sandy). I recommend the guide to any farmer …