In states without a pet shop lemon law, consumers must result to relief under the Uniform Commercial Code (“UCC”), which regulates the sale of “goods”. Since pets are more than “goods”, the UCC does not provide as much protection to the consumer for pets as the state specific pet shop lemon laws do. In Illinois, the Pet Shop Lemon Law …
Overview of the Veterinary Feed Directive
The below presentation was prepared for the upcoming American Agriculture Law Association (“AALA”) Annual Educational Symposium to be held in Oklahoma City, OK. This presentation will be given in the stockyards on October 6, 2016. It first lays the background of the Veterinary Feed Directive (“VFD”) and then delves into the requirements of various stakeholders including (1) veterinarians, (2) livestock producers, …
Licenses, Degrees, and Professional Practices/Businesses in NY Divorce Actions
New York uniquely classifies a spouse’s enhanced earning capacity (a professional degree or license) or professional practice or business as an asset for equitable distribution purposes. In order for enhanced earning capacity or interest in a business or professional practice to be considered during equitable distribution, it must be “marital property.” For example, a license or degree is marital property …
New York Farm Animal Welfare Law
I have updated my New York Farm Animal Welfare Law Outline and you can view it now on JD Supra. I highly recommend that livestock producers in New York have a general understanding of these statutes. I highly recommend that every single farm in the state of New York have a good working relationship an attorney, veterinarian and Cornell University …
Reminder About Working With A Veterinarian
I was reading the November/December 2011 Issue of the New York Beef Producer from the New York Beef Producers’ Association today. Ron Kuck, a New York Dairy/Livestock Extension Educator with Cornell had a nice article on page 28 regarding the importance of working with your herd veterinarian. Kuck suggests working with a veterinarian to develop a “health management strategy and …
Already Married? What You Need To Know About Post-Nuptial Agreements
In some states, such a New York, couples are allowed to enter into an agreement after a marriage or civil union called a post-nuptial agreement discussing things such as, but not restricted to, the division of property (real property, personal property such as livestock, cash assets), child support, spousal maintenance, and a restriction on relocation (e.g., spouse cannot relocate out …
Spring Cleaning: Animal Handling Procedures in Employee Handbooks
I have written blogs/articles and have spoken on livestock animal cruelty law in New York and my various recommendations for building a defense. Among them, I recommend that livestock producers have an employee handbook in place that enumerates recommended animal handling procedures and regularly train employees on those procedures. An employee handbook is not a contract but is instead a general …