The scope of the revised Uniform Commercial Code (“UCC”) Article 9 is newly expanded to cover the perfection, priority, and enforcement of nonpossessory “Agricultural Liens” in the farm products of those borrowers involved in farming operations. The definition of “agricultural liens” is different than the broader and more general category of “secured interest”. UCC Article 9 does not supersede any existing statutory …
How to Make a Freedom of Information Act Request- Part 6
This is Part 6 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Make sure to read the previous 5 blog posts to get the full picture! Step 6: Review FOIA Request After the agency has received your fees, it will process your request. The agency may send you a written “initial determination” …
How to Make a Freedom of Information Act Request – Part 5
This is Part 5 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Please stay tuned for the other blogs for the full picture! Step 5: Pay Fees There is no initial fee to file a FOIA request; however, federal agencies are allowed to request “reasonable standard charges for document search, duplication, …
How to Make a Freedom of Information Act Request – Part 4
This is Part 4 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Please stay tuned for the other blogs for the full picture! Step 4: Wait for Government Response Federal governmental agencies are required to respond to FOIA requests within twenty business days, excluding weekends and holidays, beginning from receipt of …
How New York State Regulates Wine Law
The wine industry is regulated by the federal government and the individual states. State wine law can vary drastically from state to state. Each state has its own unique set of laws governing winemaking. In New York, the Alcoholic Beverage Control Act (“ABC”) governs licenses and regulations within New York State (“NYS”). The New York State Liquor Authority is the …
My Wine & Vineyard Law Presentation
[slideshare id=54880203&doc=nbiwinepresentation11-8-15-151108170827-lva1-app6891] Really enjoyed presenting on wine law last month via the National Business Institute (NBI). For those of you who are looking for holiday gift ideas for yours truly, I love wine. Red wine, white wine, sparkling wine, sake. I don’t discriminate. The above presentation focuses on permits and licenses. It also discusses the governmental players, the types of wineries, …
Video Lecture on Protecting the Food & Agribusiness with NDA’s, Contract Management and Intellectual Property
I gave a presentation a few weeks ago for Lawline titled “Protecting the Agribusiness: Managing Contracts, Trademarks and Non-Disclosure Agreements.” The video and slideshare presentation are posted below but if you are an attorney I suggest getting Continuing Legal Education credit directly from Lawline by registering here. Lawline Presentation: Protecting the Agribusiness- Managing Contracts, Trademarks and Non-Disclosure Agreements from Cari Rincker
Choice of Business Entity Blog Series: The “D/B/A”
I am oftentimes asked about the best choice of business entity for a farm/ranch, agri-business or food entrepreneur. There is no one-size fits all answer to that question as each type of business entity offers different strengths and weaknesses. It is important to pick the right business entity for your specific type of enterprise – the answer to that question may …
Partnerships – A Common Entity Choice for Food and Agriculture Operations
At one point or another, most food and agriculture operations form a partnership with another person or entity. Perhaps it is a partnership on a single head of livestock (e.g., stallion, bull, boar, show heifer) or perhaps it is a more long-term partnership where profits and losses will be shared among family members or multiple people and entities. Partnerships can happen …
Watch the Video Lecture: Counseling Food Movement Part 1
As I noted in this post, I enjoyed presenting at Lawline last month on counseling the local food movement. There’s so much to talk about so I’m giving Part II of the presentation on November 18, 2013. In Part I of the presentation, I talk about direct farm marketing, cottage food operation law, liability and insurance. It runs for about …
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 …
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