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May
24
Crop Insurance and Prevented Planting
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May
24
Making the ACRE/DCP Election
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May
23
What is Driving Farmland Value?
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May
23
Midwest Land Values Strong in First Quarter of 2013 Interest Rates Remain Low
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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
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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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