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 …
Confidentiality Agreements for Your Farm or Agri-Business
I recently wrote an article on confidentiality agreements for the agriculture community. It can be found on my JD Supra page here. I understand that Non-Disclosure Agreements (“NDA’s”) lack the “excitement factor” but a misappropriate of confidential information can have deleterious effects on a farm or agri-business. I encourage my readers to gain a cursory understanding in confidentiality agreements and …
Questions Farmers Should Ask When Reading Farmers’ Market Rules
As noted in my last post, I have enjoyed reading Prof. Neil Hamilton’s publication titled “Farmers’ Markets: Rules, Regulations and Opportunities.” He includes a nice list of questions for farmers/vendors to ask themselves when reviewing the Market Rules for a particular farmers’ market which include: (1) Who sponsors the farmers’ market? (2) How long as the farmers’ market been established? …
Legal Issues Pertaining to Farmers Markets and its “Market Rules”
I had a chance recently to review Prof. Neil Hamilton’s publication titled “Farmers’ Markets: Rules, Regulations and Opportunities.” Though it was drafted nearly a decade ago, he does a nice job highlighting legal issues relevant to todays’ farmers markets. As Prof. Hamilton states, it’s important for the farmer to clearly understand the “Market Rules” (or “Statement of Rules”) for each …
Local Food Law CLE at Pace Law School Rescheduled for Spring
The Continuing Legal Education (“CLE”) seminar at Pace Law School giving a “Survey of Local Food Law” in New York has been rescheduled for Wednesday, March 13, 2013. It was originally scheduled for October 29th — the day Hurricane Sandy decided to pay a visit to the East Coast. I hope that you will plan to attend the adjourned spring …
Land Use Tools for Promoting Urban & Suburban Agriculture
According to Dean Patricia Salkin in American Bar Association’s “Counseling the Local Food Movement” (May 2012), the following zoning tools can be used to promote small-scale agriculture production within city limits: Comprehensive Plans. This is the over-arching plan upon which land use regulations are adopted. It is important that the comprehensive plan itself emphasize the importance of small-scale commercial agriculture …
Succession Planning for the Family Farm
A few months ago, Feedstuffs magazine published an interesting article by Rod Smith discussing the obstacles that young farmers face. It reminded me of the importance of succession planning for the family farm. “More than a third of U.S. farmers are 65 years old or older, according to the U.S. Department of Agriculture” — a statistic that many of us …
I Need Your Votes in the Best of the Barns Competition for “Best Livestock Lawyer”
It’s that time of year again when I asked my beloved readers to take a moment and show their support. Ranch House Designs, Inc. is having its annual Best of the Barns Competition and I have been nominated as the “Best Livestock Lawyer” (Question 18). Voting closes on the 30th of the month (one vote per email address). Last year …