This post is a reprint of
a
post by Peggy Hall that originally
appeared at Ohio Agricultural Law Blog.
Legal Issues
May
22
2013
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 
May
19
2013
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
13
2013
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 resell the “used” good without violating patent rights. The Court unanimously disagreed that patent exhaustion was applicable in Bowman’s case, explaining that the patent exhaustion theory applies to later uses of a good but not to the creation of new and additional goods from a patented good. While Bowman could sell harvested Roundup Ready beans or use them as feed, he could not plant those beans, produce new beans and sell the new beans without violating Monsanto’s patent rights. “That is how “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
2013
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 illness outbreak rather than reacting to one. Foodborne illness outbreaks are a major concern and produce is often associated with such outbreaks. As a producer, you are responsible for ensuring your product is safe. If you fail to do so, you could face liability.
The proposed rule establishes “science-based standards for growing, harvesting, packing and holding produce on domestic and foreign farms.” To address foodborne illness prevention, the proposed rule identifies seven routes of microbial contamination where prevention is key and s...
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This post is a reprint of
a
post by Peggy Hall that originally
appeared at Ohio Agricultural Law Blog.
May
02
2013
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. Leah Curtis from Ohio Farm Bureau and Roxi Liming with Adams, Liming & Hockenberry, LLC in Columbus will use a case study approach to discuss advising farm clients on trucking and labor regulations. Russell Cunningham and Jeff Easterday of Barrett, Easterday, Cunningham & Eselgroth, LLP will present on estate and business planning for farm clients, and advising clients on recent food safety regulations will be presented by our own OSU Extension Agricultural & Resource Law Program. An update from the Ohio Department ...
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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
2013
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 farms that store more than 1,320 gallons of oil or oil products in aboveground containers or more than 42,000 gallons in completely buried containers–those farms are required to develop, maintain and implement an oil spill prevention plan by May 10, 2013.
The recent action by Congress, however, prevents the EPA from enforcing the plan until late September. In the meantime, congressional efforts will focus on revising the SPCC rule as it applies to farm SPCC plans. Senator Inhofe (OK), who sponsored the amendment to delay enforc...
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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
2013
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 environmental health. Ohio also has laws that regulate open burning to minimize the danger of wildfires; these laws may be enforced by the Ohio Department of Natural Resources (ODNR) Division of Forestry or local law officials. Additionally, a local government might have local ordinances that regulate open burning.
In regards to crop debris in farm fields, it is typically permissible for a farmer to burn the debris. However, the law creates duties to conduct the burn responsibly and imposes some conditions on what, where and when to bu...
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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
2013
Farm Fuel Storage Compliance Date Approaching
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Apr
18
2013
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 Construction of Pipeline Standards 2012 2012.
Apr
18
2013
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 property exists. To read more download the pdf of the new factsheet titled Considerations When Evaluating a Pipeline Easement Agreement.
Apr
17
2013
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. Federal law requires every employer to complete an I-9 form upon hiring an employee. Filling out the form is not optional. Even if the employer knows the new employee, knows of the employee or knows the employee’s family–the employer must do a Form I-9 for the employee. Once properly completed, a Form I-9 is the employer’s defense against a potential claim of knowingly employing an unauthorized worker.
How does an employer complete Form I-9? Form I-9 compliance requires completion of three secti...
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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
2013
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 vehicles designed primarily for cross-country travel”–but the law exempted APVs and ATVs used for farming. As long as used primarily for agricultural purposes and the owner qualifies for current agricultural use valuation (CAUV), the APV or ATV does not require registration or a license. If stopped by law enforcement for failure to display registration, the farmer should explain that the vehicle is being used for agricultural purposes and the vehicle owner qualifies for CAUV. Operating on roadways. The local jurisdiction has...Read More »
This post is a reprint of
a
post by Peggy Hall that originally
appeared at Ohio Agricultural Law Blog.
Mar
06
2013
Taking on Food Safety: Ohio’s New Produce Marketing Agreement
Fruit and Vegetable Producers Should Consider New Voluntary Approach to Food Safety Certification
Fruit and vegetable producers of all sizes now have the option of participating in a voluntary food safety certification program in Ohio. The Ohio Produce Marketing Agreement (OPMA) offers producers food safety standards and an opportunity to attain food safety certification through third party inspections. Born from growing concerns about fruit and vegetable contamination outbreaks, the OPMA takes an aggressive yet voluntary approach to addressing food safety risk.
The OPMA is the first “agricultural marketing agreement” developed under a new law in Ohio. The agricultural marketing agreement law allows agricultural commodities to create voluntary marketing programs to expand or improve the market for their commodity. Marketing programs may promote the sale and use of products, develop new uses and markets for products; improve methods of distributing products to consumers or standardize the quality of products for specific uses. To create a voluntary marketing program, the commodity group must obtain the approval of both the Ohio Department of Agriculture and producers within the commodity group. A summary of the agricultural marketing agreement law is available here.
The voluntary advisory board that governs OPMA is preparing the program for final approval, which should occur within the n...
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This post is a reprint of
a
post by Peggy Hall that originally
appeared at Ohio Agricultural Law Blog.
Mar
04
2013
Protecting Interests in a Verbal Farm Lease Situation
A written lease is a valuable tool to use in a farm lease situation, but many farm lease arrangements never progress beyond a conversation and a handshake. A written lease brings certainty to the farming arrangement by laying out important terms such as lease duration, notice of termination, payment provisions and conservation practices. Verbal farm leases are risky; problems can arise with legal enforceability and disputes over rights and obligations. For those dealing with a verbal lease agreement, here are a few strategies for protecting interests in the verbal farm lease situation.
Put the verbal lease in writing. The first recommendation is no surprise; attorneys have long encouraged farmers to use written farmland leases rather than relying on verbal agreements. But many landowners and tenants are uncomfortable using a written lease, for a variety of reasons. Consider the following concerns and recommendations for addressing them:
“We’ve always operated on a verbal agreement and a handshake.” Transitioning from a long-time verbal agreement to a written lease can be awkward and uncomfortable, and the landowner or tenant farmer who wishes to make the change may be uncertain about how to introduce the change. To address an awkward transition, consider using a third party to “intervene” and facilitate the process of converting to a written agreement. Have a farm manager, attorney or accountant explain the reasons for moving to a ...Read More »
This post is a reprint of
a
post by Peggy Hall that originally
appeared at Ohio Agricultural Law Blog.
Jan
28
2013
OSU Extension Offers Shale Development Workshop for Landowners
Informing landowners who are dealing with shale development is the goal of a day-long workshop offered in Mahoning County by OSU Extension. “Shale and You: A Workshop for Landowners” will take place on Saturday, February 23, 2013 at the Mill Creek MetroParks Farm, 7574 Columbiana-Canfield Road, Canfield, Ohio. OSU Extension’s Agricultural and Resource Law Program is sponsoring the workshop with grant assistance from the USDA’s North Central Risk Management Education Center and host support from OSU Extension Mahoning County.
Educators in OSU Extension’s Shale Education Program will provide an update on shale development in Ohio and address the topics of taxation of shale development income, wealth management, pipeline construction, oil and gas leasing issues and water testing. In addition to presentations on each topic, the team will also provide information displays and the opportunity to speak individually with educators. A discussion with a family who recently experienced shale development on their farm will conclude the workshop.
Registration is $15. Materials and refreshments are guaranteed to those who register by February 18. Session and speaker listings, a registration form and other details are available at http://serc.osu.edu/events/shale-and-you-workshop-landowners. For shale development resources, visit the OSU Extension Shale Education Program website at http://shalegas.os...
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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
