Farm Purchase Agreements

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Making any type of purchase can be a lengthy process and the purchaser should know what he or she is purchasing before signing the agreement. One important aspect of making a land purchase is the inspection. The purchaser should do a physical inspection of the property as well as a legal inspection. For the physical inspection of the property, the …

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New York Agriculture Districts and Right-to-Farm

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NY Agric. & Mkts § 300 et seq. sets forth agricultural districts in 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 and improvement of its …

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Land Uses with Urban Agriculture

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Although land use and zoning issues can also affect agriculture in rural areas throughout New York state, an urban or suburban farmer should carefully review the zoning code.  According to Dean Patricia Salkin at Touro Law Center in the “Counseling the Local Food Movement” webinar with the American Bar Association, there are several zoning mechanisms that can be used to promote small-scale …

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Counseling the Local Food Movement (Part II)

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I will be presenting to Lawline on Monday, November 18th at 4pm on “Counseling the Local Food Movement.”  It will be Part II of the 2 part series on local food law. In this presentation, I will be covering the Food Safety Modernization Act Exemptions, National Organic Program, Urban/suburban agriculture, land use law, agriculture districts, the Right-to-Farm law, labor law …

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Looking for Some Weekend Reading?

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My book is a pretty quick read.  I did my best to break down complex food and agriculture law concepts for the farmer or food entrepreneur.  You can find it for sale here.  It’s 400 pages of fun to review over the weekend before the holiday rush begins!

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I Wrote a Book! Get Your Copy Hot Off the Press

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Happy Friday!  You can now order “Field Manual:  Legal Guide for New York Farmers and Food Entrepreneurs” on Amazon.com here. I wrote this book along with Pat B. Dillon, the author of the Iowa version of this book.

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Upcoming Lawline Series on Food and Agriculture Law Topics

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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. …

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Overview of New York Right-to-Farm Law

Rincker Law Food & Ag Law, Land Use & Zoning Law 17 Comments

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 …

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Pace Law School’s Environmental Law Summer Program with Food and Agriculture Law

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As I noted in this post, I will be teaching Survey to Food and Agriculture Law this summer from July 1-5, 2013 at Pace University, School of Law. I wanted to give my readers information on the entire environmental law program.  After looking at the entire course schedule, I’m in aw of the great job that my alum has done. …

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My Presentation on Local Food Law at Pace Law School

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I gave the below presentation at Pace Law School last night.  It was great being back at my alma mater.  The recording is available for purchase from Pace Law School’s CLE program.  Jason Foscolo handled the first part of the presentation speaking on direct marketing, food labeling, the Food Safety Modernization Act and raw milk.  I touch upon several other …

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Land Use Tools for Promoting Urban & Suburban Agriculture

Rincker Law Land Use & Zoning Law, Property Law, Uncategorized Leave a Comment

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 …

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New York Office of Community Gardens

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While reading this publication, I was reminded about the New York Office of Community Gardens with the NYS Department of Agriculture & Markets.  Pursuant to NY Ag & Mkts Article 2-C, Section 31-h, the duties of the office are as follows: (1)  identify vacant public land suitable for community gardens; (2)  coordinate interested community groups with appropriate state or local …

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