I will be giving a Lawline presentation tomorrow, November 12, 2015 from 3:30 to 4:30pm on New York Farm animal welfare law. The live webcast is tomorrow but the recording will be available via Lawline later. Continuing Legal Education (“CLE”) credit is available. This outline (posted on my JD Supra page) is New York specific but my presentation does talk …
Raw Milk Regulations in New York
With the popularity of farmers markets rising, some consumers are more and more interested in getting food products straight from the farm. One of the products that is becoming more popular with the public is raw milk. Raw milk is milk that has not been pasteurized. Consumers of raw milk are fans of the creamy taste and thicker texture as …
Heading to Tennessee for a Keynote and Panel Discussion on Direct Farm Marketing
I will be taking off next week for Tennessee for the Tennessee College of Law’s Agriculture Law & Policy Symposium, “A Look into the Field: Food and Agriculture Law and Policy” on October 9, 2015 in Knoxville, Tennessee. I am participating in a panel discussion titled “Agri-Tourism, CSA’s and Direct to Consumer Sales” – as I noted previously, you can …
Ask Cari: Can I Copyright that Recipe?
Dear Cari, I am writing a cookbook and developing some of my own recipes. Do I have copyright protection with my recipes? Ann. M. Dear Ann: To answer your question, one must first look at what can be copyrighted. Under the U.S. Copyright Act, 17 U.S.C. § 102, copyright applies only to “original works of authorship fixed in any tangible …
Partnership Agreements for Farmers, Agri-businesses and Food Entrepreneurs
Farmers, agri-businesses and food entrepreneurs are highly encouraged to put the terms of an agreement in writing. Simple partnership agreements are also recommended for agreements to share ownership in one livestock animal, such as a bull, ram, boar, or show animal. Partnership agreements serve several purposes. First, absent a partnership agreement, the New York “default rules” will apply. Second, when …
Hobby Farm Rules
Those who are just beginning a farm operation or food business, those who work off-farm or those who are slowly withdrawing from farming would do well to familiarize themselves with the Internal Revenue Code § 183, “Activities Not Engaged in for Profit,” occasionally referred to as “The Horse Shelter” or “Hobby Loss Rules.” IRC § 183 is designed to prevent …
Choice of Business Entities Blog Series: The Limited Liability Company
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 …
Overview of Farm Leases
I’m speaking tonight at the American Farmland Trust Legal Workshop on farm leases in Westchester County. I posted an updated outline on farm leases here on my JD Supra page. Whether you are a landlord or a tenant, I highly suggest working with a licensed attorney in your state to memorialize the terms of a written farm lease.
Choice of Business Entity Blog Series: The Corporation
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 …
Choice of Business Entities Blog Series: The Limited Partnership
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 …
Choice of Business Entities Blog Series: The General Partnership
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 …
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 …