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May
17
2013 Ohio Field Crop and Livestock Enterprise Budgets
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May
13
U.S. Supreme Court Protects Monsanto’s Patent Rights in Roundup Ready Bean Case
Court rules that farmer’s replanting of Roundup Ready beans violates federal patent law
Peggy Kirk Hall, Asst. Professor, OSU Extension Agricultural & Resource Law Program
The U.S. Supreme Court today ruled that a farmer’s replanting of harvested Roundup Ready© soybeans violates Monsanto Company’s patent rights. The ruling leaves in place a former court award of $84,456 against farmer Vernon Bowman for planting and harvesting the soybeans, which he had purchased as commodity beans from a local grain elevator or saved from his prior harvests.
Relying on the theory of “patent exhaustion,” Bowman argued that Monsanto’s patent rights exhausted after the first sale of the seed and did not apply to later uses or sales. This exception to patent protection allows a purchaser of a patented good to ...
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This post is a reprint of
a
post by Peggy Hall that originally
appeared at Ohio Agricultural Law Blog.
May
09
Produce Growers: Still Time to Comment on Federal Produce Safety Standards
Catharine Daniels, Attorney, OSU Extension Agricultural & Resource Law Program
As the temperatures start to climb, many producers are gearing up for planting season. If you are a farmer who grows, harvests, packs, or holds fruits and vegetables intended for human consumption, you should be aware of the proposed produce safety standards that were released by FDA on January 16, 2013, as part of the Food Safety Modernization Act. The proposed rule could impact your business later this year. The comment period has been extended: originally all comments were due by May 16, 2013, but now with the extension, you have until September 16, 2013 to submit comments. So, if you have not had a chance to review and comment on the proposed rule, there is still time.
What does the proposed produce safety rule do? The focus of the proposed rule is foodborne illness prevention. The goal is to now focus on preventing a foodborne illne...
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This post is a reprint of
a
post by Peggy Hall that originally
appeared at Ohio Agricultural Law Blog.
May
08
Tax Benefits from Hiring Children in the Family Business
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May
02
Fifth Annual Ohio Agricultural Law Symposium Planned for June
Ohio State University Extension and the Ohio State Bar Association will again partner to host the fifth annual Ohio Agricultural Law Symposium on June 23 and 24, 2013.
The focus of this year’s program is representing Ohio’s farm and agri-business clients. Two nationally respected practitioners will teach for the Symposium. Allen Olson from Albany, Georgia, who has farm clients throughout the southern states, will provide guidance on representing farmers in crop insurance disputes and will also share his outlook on federal farm bill policies. Cari Rincker of Rincker Law Office in New York, NY, whose client base is spread around the country, will speak on protecting the farm client’s business by managing contracts, intellectual property and employment concerns.
The program will also include Ohio legal experts on labor, trucking, food safety and estate and business planning. ...
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This post is a reprint of
a
post by Peggy Hall that originally
appeared at Ohio Agricultural Law Blog.
Apr
30
Congress Delays Requirement for Farm Oil Spill Prevention Plans
SPCC Rule will not be enforced against farms until September of 2013
Peggy Kirk Hall, Asst. Professor, OSU Extension Agricultural & Resource Law Program
Many farms are scrambling to meet the upcoming May 10, 2013, deadline for having an oil spill containment plan (SPCC plan) as required by EPA regulations, but Congress has quietly delayed the U.S. EPA’s ability to enforce the regulation. Amendment 29 to the recently enacted funding bill, H.R. 933, states that the U.S. EPA may not use any of its funds to enforce the SPCC rule against farms for a period of 180 days, until after September 26, 2013.
The purpose of the U.S. EPA’s Spill Prevention Control and Countermeasures (SPCC) program is to help facilities and farms prevent a discharge of oil into navigable waterways. Program regulations affect farm...
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This post is a reprint of
a
post by Peggy Hall that originally
appeared at Ohio Agricultural Law Blog.
Apr
23
Burning Crop Debris is Legal, isn’t it?
Peggy Kirk Hall, Asst. Professor, OSU Extension Agricultural & Resource Law
It’s the time of year when farmers clear fields and fence rows of corn stalks, branches and other debris and use a common management practice–piling the debris and burning it in the field. Because outdoor fires such as this create air emissions and wildfire concerns, Ohio has laws that regulate open burning activities. Burning certain materials at certain times in certain places may violate the open burning laws and cause a health or safety issue. It’s important to know when open burning of crop debris and field residue is permissible, and to take precautions to minimize risk and liability.
There are several areas of law in Ohio that address open burning. The Ohio Environmental Protection Agency (OEPA) oversees regulations on the open burning of materials that may produce harmful air emissions that affect human and enviro...
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This post is a reprint of
a
post by Peggy Hall that originally
appeared at Ohio Agricultural Law Blog.
Apr
18
Farm Fuel Storage Compliance Date Approaching
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Apr
18
A Landowners Guide to Understanding Recommended Pipeline Standards and Construction Specifications
By: Chris Zoller, Extension Educator, ANR, and Peggy Hall, Director, Agricultural & Resource Law, Ohio State University Extension
With the drilling of gas wells comes the need to establish pipelines to move the gas from the point of drilling to the end users. Landowners across Ohio are being asked to sign agreements allowing companies to purchase acreage for pipeline construction. A new fact sheet provides landowners with an overview of items to consider regarding standards and construction specifications related to pipelines. This fact sheet is intended for educational purposes only. We strongly encourage landowners who may be considering negotiating a pipeline easement to consult with an attorney familiar with such negotiations. Download the factsheet by clicking A Landowners Guide to Understanding Recommended Standards and Co...
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Apr
18
Considerations When Evaluating a Pipeline Easement Agreement
By: Chris Zoller, Extension Educator, ANR; Peggy Hall, Director, Agriculture & Resource Law Program; and Mark Landefeld, Extension Educator, ANR
Ownership of a piece of property may best be described as a "bundle of rights." These rights include the right to occupy, use, lease, sell, and develop the land. An easement involves the exchange of one or more of these rights from the landowner to someone who does not own the land. Easements have been used for years to provide governments, utilities, and extractive industries with certain property rights. An easement permits the holder certain rights regarding the land for specified purposes while the ownership of the land remains with the private property owner. The property owner retains ownership of the land and is responsible for any and all taxes due. The easement agreement should be filed with the county recorder where the prop...Read More »
Apr
17
Do You Have a Legal Workforce? The Importance of Form I-9 Compliance
Catharine Daniels, Attorney, OSUE Extension Agricultural & Resource Law Program
With the arrival of spring, many agricultural businesses may be looking to hire additional employees. Before putting those new employees to work, employers should take time to ensure a “legal” workforce. One important step is following the Form I-9 Employment Eligibility Verification process. And with the recent release of a new Form I-9, close attention to Form I-9 compliance is extremely important.
What is the purpose of Form I-9? The form aims to verify the identity and employment of every person hired to perform labor or services in return for wages or for anything of value that is given in exchange for labor or services, including food and lodging.
Why worry about Form I-9? Because correct completion of Form I-9 is both a legal mandate and a legal defense. ...
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This post is a reprint of
a
post by Peggy Hall that originally
appeared at Ohio Agricultural Law Blog.
Mar
27
Using APVs, ATVs and Four-Wheelers on Roadways for Farm Work
Peggy Kirk Hall, Asst. Professor, OSU Extension Agricultural & Resource Law
Spring planting season brings increased agricultural traffic on Ohio’s rural roads, including the use of All-Purpose Vehicles (APVs), All-Terrain Vehicles (ATVs), Gators, Mules and other four-wheeled utility vehicles. Laws on these vehicles have changed in recent years and there is still confusion over the new provisions. Farmers who plan to use an APV, ATV or utility vehicle on the roadway for farm work should take a few minutes to review the applicable laws and ensure compliance. Consider these provisions of Ohio law:
Licensing and registration. A license is not required for a ”utility vehicle,” which is a self-propelled vehicle with a bed designed for transporting materials, such as a Gator or Mule. A 2009 law required registration for APVs and ATVs, defined as ”self-propelled vehicl...Read More »
This post is a reprint of
a
post by Peggy Hall that originally
appeared at Ohio Agricultural Law Blog.
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