Where's the Beef: Are Checkoff Funds Being Used to Violate the First Amendment?

Where's the Beef: Are Checkoff Funds Being Used to Violate the First Amendment?

A lawsuit in Montana grabbed the attention of checkoff boards across the country. R-CALF sued the Montana state beef checkoff council in May, asking a federal court to prohibit the council from spending federal checkoff dollars on advertising unless the state cattle producers paying the fees have agreed to it. A federal magistrate recently issued an opinion agreeing with R-CALF.

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What Do the Controversial New GIPSA Rules Really Say...and Does it Matter?

What Do the Controversial New GIPSA Rules Really Say...and Does it Matter?

New GIPSA rules were announced on Tuesday. There are plenty of opinions out there criticizing and praising the regulations, but what do the new rules really say? And, with the incoming Trump administration, does it matter?

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Federal Court Says Hawaii Counties Can't Ban GMOs or Pesticides

Federal Court Says Hawaii Counties Can't Ban GMOs or Pesticides

The Ninth Circuit Court of Appeals struck down several Hawaii county ordinances limiting or altogether banning the use of pesticides and GMO products. The court held the local laws attempted to legislate an area already comprehensively covered by state or federal law and those local laws were preempted by state and/or federal laws.

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Federal Judge Halts National Implementation of Overtime Rule

Federal Judge Halts National Implementation of Overtime Rule

A federal judge in Texas just issued an injunctive order halting the overtime rule nationwide. Judge Amos Mazzant issued a 20-page order preventing the rule from going into effect on December 1. The court wrote the injunction would preserve the status quo while the court considered the merits of the challenge to the overtime rule.

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What does Trump mean for EPA's Waters of the US Rule?

What does Trump mean for EPA's Waters of the US Rule?

During the presidential campaign, Donald Trump indicated he would gut the EPA and vastly reduce the number and scope of federal regulations. Now that Trump has been elected, what can we expect from his administration on the Waters of the US (WOTUS) rule that is currently in legal limbo? 

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FSMA: Preventive Controls for Human Food

FSMA: Preventive Controls for Human Food

The FSMA puts a new focus on prevention of foodborne illnesses and authorizes new Preventive Controls for facilities that process human food. 

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Dozens of Groups Challenge EPA's New WOTUS Rule

Dozens of Groups Challenge EPA's New WOTUS Rule

Court of Appeals case asking the Court to overturn the EPA's new WOTUS rule. The groups argue the EPA violated the law in the way it promulgated the new WOTUS rule and ask the court to strike the rule in its entirety.

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Food Safety Modernization Act: The Produce Rule

Food Safety Modernization Act: The Produce Rule

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. 

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Tips for Drafting and Negotiating Livestock Production Contracts

Tips for Drafting and Negotiating Livestock Production Contracts

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. 

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Drafting Crop Production Contracts

Drafting Crop Production Contracts

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. 

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Swine Contracts and The Packers and Stockyards Act

Swine Contracts and The Packers and Stockyards Act

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.

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Appealing Wetland Determinations: The Hawkes Decision

Appealing Wetland Determinations: The Hawkes Decision

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.

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Who Does Food Traceability Technology Benefit?

Who Does Food Traceability Technology Benefit?

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?

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Agriculture & Politics

Agriculture & Politics

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.

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Increased Ag Technology and Sustainability

Increased Ag Technology and Sustainability

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.

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New Federal Overtime Rules in Agriculture

New Federal Overtime Rules in Agriculture

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. 

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Pesticide Drift Liability

Pesticide Drift Liability

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. 

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Progressive Employment Discipline Policies

Progressive Employment Discipline Policies

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.

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Sustainability Standards for Vertical Farming

Sustainability Standards for Vertical Farming

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. 

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Contract Considerations in Agricultural Sales Agreements

Contract Considerations in Agricultural Sales Agreements

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.

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