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Ohio Ag Manager

May
24

Crop Insurance and Prevented Planting

Source: RMA News Release (Springfield, Illinois) Heavy rainfall, floods and cool temperatures across the Midwest have slowed planting this spring. For crop insurance, the final planting date for corn in Ohio is June 5. The final planting date for soybeans is June 20. Here are some basic guidelines if you are unable to plant because of an insurable cause of loss by the final planting date. You may: • Plant during the 25 day late planting period. There is a one percent reduction per day of your yield guarantee. • Not plant a crop and receive a prevented planting payment. • After the late planting period ends, plant the acreage to another crop and receive a reduced prevented planting payment. The most important thing you can do if you are unable to plant the crop by the final planting date is contact your crop insurance agent to review your policy and options before you make a decision. To qualify for a prevented...
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May
24

Making the ACRE/DCP Election

Source: Chris Bruynis, Assistant Professor, OSU Extension, Ross County I have been telling farmers all spring to wait to make the ACRE/DCP Election until late May and gather information about the crop condition and price outlook. Well that time is approaching. On 5/15/13 the harvest market price for corn, soybeans, and wheat were $5.64, $13.38, and $7.05 respectively. Yield estimates continue to be lowered due to the weather and delayed planting across Ohio. Using trend yields (see table below) and harvest market prices for 2013, ACRE should not make a payment in 2013 unless yield and/or average market price for the 2013 crop year changes significantly. However, the premium to enroll in ACRE is relatively small (>$4.00/acre), and one might still consider enrolling to mitigate risk of lower market prices during the upcoming market year (harvest to harvest). If anyone wants to discuss this issue further, I can be reached at 740-702-...
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May
23

What is Driving Farmland Value?

By: Barry Ward, OSU Extension, Leader, Production Business Management, Department of Agricultural, Environmental, and Development Economics Farmland values continue to increase by large amounts each year and have reached record levels in most states in the Midwest measured by both non-inflation adjusted (nominal) and inflation adjusted (real) values. Landowners, potential buyers, economists and many others have been evaluating this land boom and have been trying to evaluate whether the bull market is close to being over and if so, how much of a price correction, if any, will occur. Some in the business have been predicting the demise of this land bull market for the last two years. Alas, not yet. The Chicago Federal Reserve District reported that the year-over-year increase in farmland values (April 1, 2012 through April 1, 2013) within its district was 15%. Now that isn’t to say that a large northern hemisphere crop with accompan...
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May
23

Midwest Land Values Strong in First Quarter of 2013 Interest Rates Remain Low

By: Barry Ward, OSU Extension, Leader, Production Business Management, Department of Agricultural, Environmental, and Development Economics Farmland values continue to increase by large amounts each year and have reached record levels in most states in the Midwest measured by both non-inflation adjusted (nominal) and inflation adjusted (real) values. The Chicago Federal Reserve District reported that the year-over-year increase in value (nominal value) of “good” farmland (April 1, 2012 through April 1, 2013) within its district was 15%. Adjoining eastern corn-belt states Indiana and Michigan were included in this survey and showed yearly increases of 15% and 24%, respectively. Quarterly increases in the value of “good” farmland (January 1 – April 1, 2013) for these two states were 4% and 12%, respectively. District cash rental rates are up 11% over 2012. According to this survey, Indiana cash rental rates are up 11%in 20...
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May
22

Agricultural Activities in Ohio can be Exempt from Local Zoning

Peggy Kirk Hall, Asst.  Professor, OSU Extension Agricultural & Resource Law Program Spring brings an increase in agricultural land use activity and with it comes a surge of inquiries about Ohio’s agricultural zoning laws.  Here at OSU, we repeatedly hear a common question from … Continue reading
This post is a reprint of a post by Peggy Hall that originally appeared at Ohio Agricultural Law Blog.
May
19

Legally Selling Your Baked Goods at a Farmer’s Market

Catharine Daniels, Attorney, OSU Extension Agricultural & Resource Law Program Soon, farmer’s markets all over Ohio will be full of vendors selling a variety of products–from fresh fruits and vegetables to home baked goods. For vendors selling  home baked goods, it can be … Continue reading
This post is a reprint of a post by Peggy Hall that originally appeared at Ohio Agricultural Law Blog.
May
17

2013 Ohio Field Crop and Livestock Enterprise Budgets

Barry Ward, OSU Extension, Leader, Production Business Management, Department of Agricultural, Environmental, and Development Economics & Greg Reinhart, Undergraduate Student Intern, OSU Department of Agricultural, Environmental and Development Economics Budgeting helps guide you through your decision making process as you attempt to commit resources to the most profitable enterprises on the farm. Crops or Livestock? Corn, Soybeans, Wheat, Hay? We can begin to answer these questions with well thought out budgets that include all revenue and costs. Without some form of budgeting and some method to track your enterprises’ progress you’ll have difficulty determining your most profitable enterprise(s) and if you’ve met your goals for the farm. Budgeting is often described as “penciling it out” before committing resources to a plan. Ohio State University Extension has had a long history of developing “Enterprise Budgets” ...
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May
17

Western Ohio Cropland Values and Cash Rents 2012-13

Source: Barry Ward, OSU Extension, Leader, Production Business Management, Department of Agricultural, Environmental, and Development Economics Ohio cropland varies significantly in its production capabilities and cropland values and cash rents vary widely throughout the state. Generally speaking, western Ohio cropland values and cash rents differ substantially from eastern Ohio cropland values and cash rents. This is due to a number of factors including land productivity and potential crop return, the variability of those crop returns, field size, field shape, drainage, population, ease of access, market access, local market price, potential for wildlife damage, and competition for rented cropland in a region. This article highlights the summary of data collected for western Ohio cropland values and cash rents. Ohio cropland values and cash rental rates are projected to increase in 2013. According to the Ohio Cropland Values and ...
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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

by: Larry Gearhardt, OSU Income Tax School Director With the end of the school year, many students will be heading home for the summer. The additional help on the farm will be welcomed. Most times the help is free. After all, you provide free room and board, right? But there may be tax advantages, at least from a family perspective, if you “hire” your children to work in the family business. INCOME SHIFTING: Regardless of how a business is organized, its owners may be able to shift some of their high-taxed income into tax-free or low-taxed income by employing their children. For the children’s wages to be deductible, the work done by the children must be legitimate and the wage must be reasonable for the work. The standard deduction for an individual is $6,100 in 2013. This means that your child can earn up to $6,100 before he/she incurs any tax liability. The amount that you pay your child reduces the parent’s income whi...
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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

By: Amanda Douridas, Extension Educator On May 10, 2013 farms must have prepared and implemented their Spill Prevention, Control and Countermeasure (SPCC) Plans if they fall under regulation by the EPA. Farms with 1,320 gallons above ground storage or 42,000 gallons below ground storage of oil or oil products meet the requirements to have a SPCC. This includes all containers 55 gallons or greater. The implementation date was delayed from its original date in the fall of 2011. Two basic requirements need to be met to comply. The first is having sufficient secondary containment for storage and transfer areas to contain any spillage. The containment area is designed to prevent discharge until cleanup can occur and is usually designed to hold 110 percent of the largest container or tank in the area. The second requirement is to prepare and implement a written SPCC plan that covers all of the steps the farm has taken to prevent dischar...
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Keith L. Smith, Ph.D., Associate Vice President for Agricultural Administration and Director, Ohio State University Extension TDD No. 800-589-8292 ( Ohio only) or 614-292-1868