October 31, 2016

Food Safety Modernization Act: The Produce Rule

October 31, 2016/ Brianna J. Schroeder

After years of legislative wrangling, rule-making, and extensive public feedback, the US Food and Drug Administration is finally implementing the Food Safety Modernization Act (FSMA). The FSMA authorizes new regulations for farmers who grow certain kinds of fresh produce and for certain facilities that process food. The Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption (known more commonly as the “Produce Rule”) can have an enormous effect on farmers.

October 14, 2016

Tips for Drafting and Negotiating Livestock Production Contracts

October 14, 2016/ Brianna J. Schroeder

Today's livestock farming frequently involves negotiating production contracts between owners and growers. These agreements should include dates, prices, standards, and statutorily required language, if applicable. Owners and growers can better their negotiating position by educating themselves about the provisions typically included in such a contract.

October 05, 2016

Drafting Crop Production Contracts

October 05, 2016/ Brianna J. Schroeder

One of the most common agricultural agreements is the crop production contract. Each agreement will be different based on the parties, land, and risk allocation, but there are some common elements to include in any production contract.

September 28, 2016

Swine Contracts and The Packers and Stockyards Act

September 28, 2016/ Brianna J. Schroeder

The Packers and Stockyards Act is intended to ensure fair trade practices and competitive markets for livestock, meat, and poultry. It imposes requirements on swine growers and on the contracts between integrators and growers.

September 08, 2016

Appealing Wetland Determinations: The Hawkes Decision

September 08, 2016/ Brianna J. Schroeder

Many farmers have been there: a state or federal governmental body says that you have protected wetlands on your property. You can't farm that land. You can't take down the tree line dividing your field. Damage or fill in that wetland and you could be subject to criminal and civil penalties. So what is a farmer to do if he thinks the government is wrong, and his land is not a wetland? The Supreme Court's recent Hawkes decision provides guidance.

August 30, 2016

Who Does Food Traceability Technology Benefit?

August 30, 2016/ Brianna J. Schroeder

Hundreds of established and start-up companies are working on using big data and technology to trace food from farm to table. Who benefits from this boom? The question of who benefits from food traceability is related to the question of who is responsible for food safety. Is it the farmer? The processor? The packager? The transportation company? The retailer? The consumer? All of the above?

August 24, 2016

Agriculture & Politics

August 24, 2016/ Brianna J. Schroeder

This is NOT a blog post about what presidential candidate deserves your vote. This IS a blog post that explains where the presidential candidates stand on issues related to agriculture.

August 22, 2016

Increased Ag Technology and Sustainability

August 22, 2016/ Brianna J. Schroeder

Technology is already on on the farm, but during the next decade, farmers will likely embrace ag tech like never before. Sustainability will increasingly drive technology use.

August 15, 2016

New Federal Overtime Rules in Agriculture

August 15, 2016/ Brianna J. Schroeder

The Obama administration announced new overtime rules effective December 1, 2016. In the past, farmers generally have assumed they did not need to worry about overtime rules because of the federal agriculture exemption. This still holds true for the most part, but farms and businesses should understand how the agriculture exemption works and what the new overtime rules mean for a farm.

July 15, 2016

Pesticide Drift Liability

July 15, 2016/ Brianna J. Schroeder

Pesticide drift is the unintentional application of pesticide or herbicide. Pesticide drift can become a problem if the pesticide contacts an area or crop susceptible to the particular substance being used. There are several steps a farmer can take to prevent pesticide drift, and steps to be taken after pesticide drift allegedly already has occurred.

June 21, 2016

Progressive Employment Discipline Policies

June 21, 2016/ Brianna J. Schroeder

Progressive discipline attempts to address and correct an employee’s work performance by providing feedback through a series of increasingly formal steps. Large and small employers can use this method to increase employee productivity and minimize legal exposure for wrongful termination.

June 03, 2016

Sustainability Standards for Vertical Farming

June 03, 2016/ Brianna J. Schroeder

The Association for Vertical Farming is preparing sustainability standards for urban and vertical farming. Vertical farming presents an attractive option for growing certain vegetables, tomatoes, and herbs on less ground with less water. I think of vertical farming like skyscrapers in a big city--building up instead of out. Vertical farming can provide an intensive growing method in urban areas, offering higher yields and moving the food closer to the people who consume it.

May 31, 2016

Contract Considerations in Agricultural Sales Agreements

May 31, 2016/ Brianna J. Schroeder

Sales agreements are everywhere. We enter into them to purchase just about everything. There are online agreements to click through, prefilled generic forms to sign, and custom agreements put together specifically for the sale at hand. Some purchases are made according to “adhesion contracts”—either the buyer signs the form contract offered by the seller, or she doesn’t make the purchase. Some agreements are still made on a handshake basis, despite the pitfalls accompanying an oral contract. In any agreement, both parties—buyer and seller—should enter the contract with their eyes wide open. Signing a contract without reading it can lead to major consequences down the road.

May 26, 2016

Gene Editing Regulation in the EU

May 26, 2016/ Brianna J. Schroeder

Gene editing (GE) is a game-changer for those in science, agriculture, or really for anyone who eats food. Heat, disease, and drought resistant cattle, corn, pigs, and barley are already in the works. They are a way forward for farmers trying to feed our growing population in a changing climate. Right now the EU is struggling to decide how to regulate GE organisms--by reviewing the product, or by asking questions about the creation of the product. I think the EU--and the US--should follow Canada's lead and should regulate GE organisms based on the actual product.

May 24, 2016

Commercial Urban Agriculture

May 24, 2016/ Brianna J. Schroeder

Large produce growers are bringing the farm indoors. Companies are using vertical farming, LED-lighting, and high-tech data collection systems to grow food in greenhouses, in office buildings, and even in paintball arenas. This is one of the next big things in agriculture and it can help answer two questions: (1) How are we going to feed a growing population, expected to increase to 9 or 10 billion by 2050? (2) How can agricultural companies satisfy consumers’ demand for affordable locally-grown produce?

April 26, 2016

Legal Issues Facing Midwestern Hops Farmers

April 26, 2016/ Brianna J. Schroeder

Craft beers are more popular today than ever before. The demand for hops is high, but most production occurs in the Pacific Northwest. Due to rising prices and a focus on local ingredients, Midwestern farmers are trying their hand at growing hops. Starting a hops farm here in the Midwest has big potential payoffs, but the costs can be significant. Farmers should make plans for the hardware, labor, and legal requirements to enter this growing agricultural market.

April 08, 2016

Agricultural Employment Tips

April 08, 2016/ Brianna J. Schroeder

We are seeing a changing workforce in today's agriculture. More women have ownership roles in our farms and processing companies. Farms and agribusinesses should be aware of the employment laws that apply to them and should actively manage their workforce to maximize potential and minimize legal liability.

April 01, 2016

Indiana Wineries and Agritourism

April 01, 2016/ Brianna J. Schroeder

he federal government (specifically the Alcohol and Tobacco Tax and Trade Bureau or "TTB") has designated 2,000,000 acres in southern Indiana as a viticultural area, to be called the "Indiana Uplands." The soil, climate, and topography in this designated area are conducive for growing great wine grapes.

March 31, 2016

Cage Free Eggs: a Market-Driven Phenomenon

March 31, 2016/ Brianna J. Schroeder

A stroll down the egg aisle at any grocery store blasts the eyes with seemingly endless options. Cage free! Vegetarian fed! Free range! Brown eggs! Pasture grown! Organic! What's a consumer to do? This post examines what cage free means.

March 23, 2016

Agricultural Technology in Cuba

March 23, 2016/ Brianna J. Schroeder

The recent normalization of relations between the US and Cuba presents tech opportunities for US companies ready to export products, services, and know how.

Apr 26, 2024

Updated Core Principles for Ag Data (2024)

Ten years ago American Farm Bureau published the Privacy and Security Principles for Farm Data. In 2024, these “Core Principles” for use of ag data have been updated.

Apr 16, 2024

Another Government Flooding Takings Case!

On April 16, 2024, the U.S. Supreme Court ruled that property owners could pursue their federal inverse condemnation claims against the State of Texas through the existing state law.

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