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 …
Divorce Paths in New York: Contested vs. Uncontested Divorces
When I have a consultation with a divorce client, I always explain all of their different options. There are two different paths in New York for divorces – contested divorces and uncontested divorces. In contested divorces, court intervention is used. In either path, mediation can be used as a tool to help encourage settlement. Rincker Law, PLLC also does pro …
Laws Regulating Water in New York Agriculture
The Federal Clean Water Act (“CWA”) was enacted in 1972 with the goal of protecting the country’s waterways from pollution. The Environmental Protection Agency (“EPA”) is charged with enforcing the CWA at the federal level. The New York Department of Environmental Conservation (“DEC”) works at the state level to protect New York’s water resources. While states must adhere to the …
NY Ag Lien: Truckman’s Lien
Under Section 187 of NY Lien Law, every person or entity engaged in “carting or trucking property shall have a lien upon such property and may retain such portion of the property in his possession” to help ensure payment for the truckman or drayman. See N.Y. Lien Law § 187[1]. Possession of the property is required for this lien. Please …
Overview of the New York State Department of Agriculture and Markets
I’m currently conducting a blog series where each week I give a brief 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 really is. It’s a game of Who’s Who for government players in the U.S. food and agriculture economy. …
NY Ag Liens: Lien on Stray Animals
Under NY Town Law § 310, if a person has any strayed horses, cattle, sheep, swine, goats or other livestock animal upon their property which is not adjoined to the livestock owner’s property (in other words, not your immediate neighbor), then that person may have a lien claim against the stray animals. The livestock must have caused property damage and …
Happy Fourth Year Anniversary to this Blog (and my law practice)
I hope my readers had a great Fourth of July. I just got back from the Berkshires. You can see some of my pictures on Instagram. Back to business.. I had a great first, second, and third anniversary for this blog, but I have to say – Year 4 has been the best. Thank you for support from my blog …
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 Operating Agreements for Limited Liability Companies
If you have decided to form a Limited Liability Company (“LLC”) or Family Limited Liability Company (“FLLC”), you should strongly consider creating an Operating Agreement. In New York, the Operating Agreement must be executed within 90 days of forming your LLC. Farms and food entrepreneurs are discouraged from using an online form as the Operating Agreement should be tailored to …
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 …
New York Sanitation Requirements for Direct Marketing of Food Products
New York State Department of Agriculture & Markets (“NYSDAM”) has sanitation requirements for the direct marketing of food products. Pursuant to Article 17, NYSDAM regulates the food sanitary conditions of “retail food stores.” Said “retail food stores” do not include roadside stands, on-farm outlets, and farmers’ markets. Even though farmers participating in these methods are still subject to inspection, if …