OSU Navigation Bar

The Ohio State University

Ohio Ag Manager

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” ...
Read More »
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 ...
Read More »
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 ...
Read More »

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...
Read More »

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...
Read More »
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. ...
Read More »

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...
Read More »

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...
Read More »

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...
Read More »
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...
Read More »

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.  ...
Read More »

This post is a reprint of a post by Peggy Hall that originally appeared at Ohio Agricultural Law Blog.
Apr
11

2013 Ohio Enterprise Budgets

By: Barry Ward, OSU Extension, Leader, Production Business Management, 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” that can be used as a starting point for producers in their budgeting process. Newly updated Enterprise Budgets ...
Read More »
Apr
11

Farm Management Decision Tools to Assist With Lease Planning

by: Barry Ward, Leader, Production Business Management, Department of Agricultural Environmental and Development Economics, Ohio State University Extension, Leader, Production Business Management There are a variety of tools available to assist you as a farm manager or landowner in the task of developing a flexible cash lease or crop share lease. These tools have been developed through Ohio State University Extension and the Department of Agricultural Environmental and Development Economics at the Ohio State University. These tools are downloadable Excel spreadsheets that can be used to evaluate changes to lease amounts depending on changing lease parameters. These tools are available online at: http://aede.osu.edu/programs-and-research/osu-farm-management/decision-tools The following are descriptions of the each tools.   Flexible Cash Lease Calculator - Cash Lease with a Bonus Approach This flexible cash lease tool ...
Read More »
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.

Information presented above and where trade names are used, they are supplied with the understanding that no discrimination is intended and no endorsement by Ohio State University Extension is implied.

Ohio State University Extension embraces human diversity and is committed to ensuring that all research and related educational programs are available to clientele on a nondiscriminatory basis without regard to race, color, religion, sex, age, national origin, sexual orientation, gender identity or expression, disability, or veteran status. This statement is in accordance with United States Civil Rights Laws and the USDA.

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