Although most CSA’s do not have a written contract, I highly suggest that farms have a simple CSA Agreement signed by the subscribers. Not only does it help secure payment terms, but the CSA Agreement should mitigate potential liability in the case of a food safety issue arising from the mishandling or misuse of the food product. It doesn’t have …
NY Ag/Equine Lien: Lien of Bailee of Animals
Under Section 183 of NY Lien Law, any veterinarian who renders the treatment 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”. …
Some Thoughts on Bull Leases
Here are some terms to think about in your bull lease between the bull owner (the lessor) and cattlemen who will be leasing the bull (the lessee): Term: The term of the breeding season should be listed (e.g., March 1 to June 30, July 1 to September 1). Number of Bulls: Note the number of bulls leased from the lessor …
Overview of USDA’s Rural Development Agency
I’m currently conducting a blog series where each week I give an overview of the responsibilities of a government agency regulating our food and agriculture system. I think it’s a helpful reminder for everyone on just how complex our regulatory system is. It’s a game of Who’s Who for government players in the U.S. food and agriculture economy. RD is …
Speaking at the Ohio Agriculture Law Symposium
I’m super excited to be heading back to the Midwest in June – I will be presenting at the Ohio Agriculture Law Symposium June 23-24, 2013 at Cherry Valley Lodge in Newark, Ohio. On Sunday, June 23, 2013, I will be discussing “Strategies for Developing and Retaining Farm and Agri-Business Clients” along with the great Allen Olson from the Law …
Register for the Upcoming Food Labeling CLE to Help Counsel Farmers, Food Entrepreneurs and Restaurants
I’m super excited about an upcoming Continuing Legal Education (“CLE”) webinar that I will be moderating for the American Bar Association (“ABA”) General Practice, Solo & Small Firm Division’s (“GPSolo”) Agriculture Law Committee next month on food labeling law for farmers, food entrepreneurs and restaurants. We will be covering a lot of information in this 2 hour webinar and hope …
Contract Management for the Food or Agri-Business
I have been working on a contract management spreadsheet for a agri-business client of mine over the last month or so. I think this is a healthy exercise for all food and agri-businesses, no matter the size. It’s a nice way to understand who the company has contracts with, including Non-Disclosure/ Confidentiality Agreements with (potential) customers or employees/independent contractors. When …
Drafting Embryo Transfer Contracts for Livestock Producers
I will be speaking at the Texas Bar CLE Agriculture Law Conference on May 23-24, 2013 at Texas Tech University, School of Law on drafting embryo transfer contracts for livestock producers. I will also (very briefly) touch on artificial insemination, ultrasound, suggested sales terms from livestock breed associations, cloning, and a few other cutting edge topics affecting the seedstock 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 …
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 …
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? …