I recently reviewed this article from the Harvard Food Law and Policy Clinic titled “Cottage Food Laws in the United States.” I think the authors did a nice job summarizing the trends throughout the country. I used this article as recommended reading for the undergraduate food law class that I’m teaching at New York University (“NYU”). Cottage food operation law …
Upcoming CLE on Renewable Energy Law for the Agriculture Industry
As I noted in this post, I will be moderating a CLE for the American Bar Association (“ABA”) General Practice, Solo & Small Firm (“GP Solo”) Agriculture Law Committee on “Renewable Energy Law for the Agriculture Industry” on Thursday, October 10, 2013 at 1pm ET. We’ll be discussing solar power purchase agreements, solar lease agreements, wind lease agreements, transmission and …
Some NY Ag Liens You Might Not Have Thought About…
Did you know that New York has the following liens that may affect the food and agriculture industry? Railway Corporation Lien on Transported Animals for a railway corporation incurring expenses in caring for transported animals under N.Y. Agric. & Mkts § 359. Artisan’s Lien for a person who makes, repairs or performs work for an article of personal property under …
Revisiting Your Right to Information in New York
You may find a time when you want to see the documents available to the public about yourself or your food/agriculture operation. There are two main federal statutes that guide the process of obtaining information from the federal government: (i) Freedom of Information Act (“FOIA”) and (ii) Privacy Act (“PA”). In New York, requests can be made to state administrative …
Save the Date: Renewable Energy Law for the Agriculture Community
Many farms and ranches throughout the country are capitalizing on available renewable energy options. I will be moderating a Continuing Legal Education (“CLE”) webinar on October 10, 2013 at 1pm ET for the American Bar Association, General Practice, Solo & Small Firm Division’s Agriculture Law Committee on renewable energy law. The CLE will discuss a myriad renewable energy law issues …
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. …
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 …