DOCSLIB.ORG

Agricultural Law Update the Official Newsletter of The

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Agricultural Law Update the Official Newsletter of The Agricultural Law Update The Official Newsletter of the _____________________________________________________________________________ Volume 29, Number 2 Fall 2017 __________________________________________________________________________________________________ Inside This Issue Justin Newell Hesser, THE BATTLE OVER “AG-GAG” LAWS CONTINUES, WITH CHALLENGERS HAVING SUCCESS Todd J. Janzen, WILL SHARING AG DATA LEAD TO ANTI-TRUST VIOLATIONS? Drew Kershen, GMO FOOD – MANDATORY LABELING IN THE UNITED STATES Joe Willis, INTRODUCING THE UNIVERSITY OF ARIZONA NATURAL RESOURCE USER’S LAW AND POLICY CENTER Drew Kershen, AGRICULTURAL LAW BIBLIOGRAPHY – 2ND QUARTER 2017 __________________________________________________________________________________________________ __________________________________________________________________________________________________ THE BATTLE OVER “AG-GAG” LAWS CONTINUES by Justin Newell Heesser* __________________________________________________________________________________________________ Challengers of so called “ag-gag” operation interference.”3 The law made it Legal Defense Fund v. Herbert referred to laws obtained two victories from the a crime to obtain “access to an these different types of conduct as the courts this summer. In July, the federal agricultural operation under false district court in Utah declared that state’s pretenses” or to record images or sound statute unconstitutional because it violated from the operation under certain operation with the intent to record an the First Amendment.1 Then in circumstances.4 The Court in Animal image of, or sound from, the agricultural September, the Tenth Circuit dealt a blow operation; (ii) knows, at the time that the person accepts employment at the to Wyoming’s statute when it held that the 3 UTAH CODE ANN. § 76-6-112 agricultural operation, that the owner of “collection of resource data constitutes the (LexisNexis 2017). the agricultural operation prohibits the 2 protected creation of speech.” 4 UTAH CODE ANN. § 76-6-112(2) employee from recording an image of, or provides as follows: A person is guilty of sound from, the agricultural operation; Utah agricultural operation interference if the and (iii) while employed at, and while Utah’s “ag-gag” statute passed in person: present on, the agricultural operation, 2012 created a crime for “agricultural (a) without consent from the owner records an image of, or sound from, the of the agricultural operation, or the agricultural operation; or owner's agent, knowingly or intentionally (c) without consent from the owner 1 Animal Legal Def. Fund v. Herbert, No. records an image of, or sound from, the of the operation or the owner's agent, 2:13-cv-00679-RJS, 2017 U.S. Dist. Lexis agricultural operation by leaving a knowingly or intentionally records an 105331 (D. Utah July 7, 2017). recording device on the agricultural image of, or sound from, an agricultural 2 W. Watersheds Project v. Michael (W. operation; operation while the person is committing Watersheds II), No. 16-8083, 2017 U.S. (b) obtains access to an agricultural criminal trespass, as described in App. Lexis 17279 (10th. Cir. Sept. 7, operation under false pretenses; (i) applies Section 76-6-206, on the agricultural 2017). for employment at an agricultural operation. AG LAW UDPATE – FALL 2017 Page 1 lying provision and the recording exposing abuses at agricultural portion of the statute that made it provisions.5 facilities. The State has not argued this unlawful to cross private land to access The Court’s decision analyzed in as a government interest motivating adjacent or proximate land to collect detail whether the lying and recording the Act. And had it done so, it is not resource data prohibited them from prohibited in the law were protected clear whether that interest could be engaging in protected speech on public 14 speech under the First Amendment. sufficiently compelling to withstand property. The Court agreed stating the Because the act’s “false pretenses” strict scrutiny. But that question is for “fact one aspect of the challenged statutes 10 language could apply to “a host of trivial, another day. concerns private property does not defeat 15 harmless misrepresentations” the Court Wyoming the need for First Amendment strutiny.” concluded that at least some of the lies At issue in Western Watersheds The Court determined only that the statute covered by the law were protected Project v. Michael were statutes that at issue regulated protected speech—the speech.6 The Court also followed several created criminal and civil liability for first part of a three-part first amendment decisions from other district courts and individuals who trespassed upon private challenge—remanding to the district court circuits to determine that the act of property to collect research data or to determine the level of scrutiny to be recording is protected speech.7 crossed private property to collect applied and whether the statute survives 16 11 that scrutiny. After concluding that Utah’s law was research data on public lands. These Conclusion subject to First Amendment scrutiny, the laws had broad application and did not 12 The decisions in these two cases Court had little problem determining it just apply to the agriculture industry. followed Judge B. Lynn Winmill’s was a content-based restriction subject to The district court in July 2016 dismissed decision from August 2015 declaring strict scrutiny.8 Finally, the Court the plaintiffs’ challenge to this law, Idaho’s statute unconstitutional.17 The fate determined that the statute did not pass concluding individuals do not have a First of the Idaho statute is still pending in an strict scrutiny because of the health and Amendment right to engage in speech on 13 appeal to the Ninth Circuit, in what will safety interests given by the state were the private property of others. likely be the next decision addressing ag- “entirely speculative” and did not The plaintiffs in Western Watersheds gag laws. These cases are likely to pave constitute a compelling state interest.9 appealed part of district court’s ruling to the way for plaintiffs’ challenges to the Tenth Circuit. Plaintiff’s argued the Although the Utah statute was found similar laws in other states. unconstitutional, the court noted that it was not deciding one of the key issues in * Justin Newell Hesser is an attorney with Dray, the debate regarding ag-gag laws. The Dyekman, Reed & Healey, P.C. in Cheyenne, WY. Court recognized that the “complex policy Justin devotes his practice to helping agricultural questions” never materialized in the case businesses and families with their legal needs. He based on the interests asserted by the grew up on a ranch in Western Nebraska and applies state, and later noted: this knowledge on the ranch and in his legal practice. In his transactional practice, Justin negotiates oil What the Act appears perfectly and gas leases and surface use agreements; drafts tailored toward is preventing agreements and conducts due diligence for real estate undercover investigators from transactions, assists in curing mineral title defects, and prepares estate plans. Justin also helps families through trust administration or probate, including 5 Animal Legal Def. Fund, 2017 U.S. Dist. litigation involving fiduciary duties. Lexis 105331, at *9. 6 Id. at *20–21. Justin received his JD from the 7 Id. at *28–32. 10 Id. at 43. The State of Utah did not file Univ. or Wyoming with honors and 8 Id. at *35–39. an appeal of the district court’s summary is licensed in WY and NE. 9 Id. at *39-43. The state provided the judgment decision. Contact Justin at (307) 634-8891 following four government interests in 11 WYO. STAT. ANN. § 6-3-414; 40-27-101 or [email protected]. support of the law: “(1) the Act protects (2017). animals from diseases brought into the 12 For a discussion of the history of “ag- 14 facility by workers; (2) it protects animals gag” laws and four categories they fit W. Watersheds Project, 2017 U.S. App. from injury resulting from unqualified or within, see Jacob Coleman, ALDF v. Lexis 17279, at *8. 15 inattentive workers; (3) it protects Otter: What does it mean for other States, Id. at *9. 16 workers from exposure to zoonotic 13 J. Food L. & Pol’y 198, 201–06 Id. at *16. 17 diseases; and (4) it protects workers from (Spring 2017). Animal Legal Def. Fund v. Otter, injury resulting from unqualified or 13 W. Watersheds Project v. Michael, 196 118 F. Supp. 3d 1195 (D. Idaho inattentive workers.” Id. at *40. F. Supp. 3d 1231, 1248 (D. Wyo. 2016). 2015). AG LAW UDPATE – FALL 2017 Page 2 __________________________________________________________________________________________________ WILL SHARING AG-DATA LEAD TO ANTI-TRUST VIOLATIONS? by Todd J. Janzen* ________________________________________________________________________________________________________________________ The use of cloud-based ag-data companies that have violated the Sherman agreed on a minimum price for fertilizer, software platforms is on the rise by Antitrust Act by sharing data and then it would be a clear case of price collusion. farmers, livestock producers, and using that information to raise prices. For By using ag-data pricing information ranchers. Nearly every company that sells, example, in US v. Container Corp. unknowingly entered by their farmers the markets, or buys goods from farmers, has shipping companies agreed to exchange result is the same. This could, therefore, developed a platform to capture price data among themselves, and
Load more

Recommended publications
  • PRINCIPLES of AGRICULTURAL LAW by Roger A
    PRINCIPLES OF AGRICULTURAL LAW by Roger A. McEowen, J.D Kansas Farm Bureau Professor of Agricultural Law and Taxation Washburn University School of Law Member of the Iowa, Kansas and Nebraska Bar Associations and licensed to practice in Nebraska. Spring 2017 Edition MCEOWEN, P.L.C. Copyright © 1997, 1998, 1999, 2000, 2001, 2002, 2003 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016,2017 by McEowen, P.L.C. __________ All Rights Reserved Printed in U.S.A. ISBN 978-0-692-71048-7 MCEOWEN, P.L.C. 1105 S.E. Michael Dr. Ankeny, Iowa 50021 1-515-963-7914 e-mail: [email protected] ii IN MEMORIAM This book is dedicated To the Memory of my parents H.D. (Mac) McEowen 7/19/18 - 1/26/77 and Nedra R. McEowen 5/31/18 - 8/9/09 iii ACKNOWLEDGMENT I wish to acknowledge publicly the help that I have received, in researching and writing this text. I am especially grateful to my research assistants who assisted me in researching the topical areas for certain parts of the book. Ali Javahery, a 1996 graduate of Washburn University School of Law, Topeka, KS, and currently an intern at the Attorney General's Office in Los Angeles, CA, and David Hansen, a 1997 graduate of Washburn were very helpful in researching current statutory and case law and proofing the text for typological errors. I am also grateful to Paul Wright, an attorney in private practice, Dublin, Ohio; L. Leon Geyer, a professor in the Department of Agriculture and Life Sciences at Virginia Tech University; Margaret R.
    [Show full text]
  • Texas Recreational Use Statute, Agritourism Act, and Farm Animal Liability Act
    LANDOWNER LIABILITY PROTECTIONS: Texas Recreational Use Statute, Agritourism Act, and Farm Animal Liability Act TIFFANY DOWELL LASHMET Texas A&M Agrilife Extension 6500 Amarillo Blvd. West Amarillo, TX 79106 (806)677-5668 [email protected] http://agrilife.org/texasaglaw State Bar of Texas 10th ANNUAL JOHN HUFFAKER AGRICULTURAL LAW COURSE May 26-27, 2016 Lubbock CHAPTER 3 Tiffany Dowell Lashmet Texas A&M Agrilife Extension 6500 Amarillo Blvd. West Amarillo, TX 79106 (806)677-5668 [email protected] http://agrilife.org/texasaglaw Tiffany Dowell Lashmet is an Assistant Professor & Extension Specialist in Agricultural Law with Texas A&M Agrilife Extension. Lashmet focuses her work on legal issues impacting farmers and ranchers, including water law, oil and gas law, eminent domain, right to farm litigation, leasing, farm protection statutes, and landowner liability. Prior to joining Texas A&M in 2013, Lashmet was in private practice at a civil litigation firm in Albuquerque, New Mexico. Lashmet grew up on her family’s farm and ranch in northeastern New Mexico. She attended Oklahoma State University, graduating summa cum laude with a Bachelor of Science in Agribusiness Farm and Ranch Management. She then attended the University of New Mexico School of Law where she graduated summa cum laude and first in her class with her Juris Doctorate. She is licensed to practice in New Mexico and Texas. Landowner Liability Protections: Texas Recreational Use Statute, Agritourism Act, and Farm Animal Liability Act Chapter 3 TABLE OF CONTENTS I. INTRODUCTION
    [Show full text]
  • The North Dakota Agricultural Mediation Service
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by UND Scholarly Commons (University of North Dakota) North Dakota Law Review Volume 70 Number 2 Article 8 1994 The North Dakota Agricultural Mediation Service Roger L. Johnson Follow this and additional works at: https://commons.und.edu/ndlr Part of the Law Commons Recommended Citation Johnson, Roger L. (1994) "The North Dakota Agricultural Mediation Service," North Dakota Law Review: Vol. 70 : No. 2 , Article 8. Available at: https://commons.und.edu/ndlr/vol70/iss2/8 This Article is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact [email protected]. THE NORTH DAKOTA AGRICULTURAL MEDIATION SERVICE L. ROGER JOHNSON* I. INTRODUCTION The North Dakota Agricultural Mediation Service (AMS) was borne out of the farm financial crisis of the early and mid-1980s.' This period was characterized by a leveling off and lowering of government support prices for farm commodities, record high real interest rates for farm bor- rowers, 2 narrowed and frequently negative debt servicing ability for highly leveraged farmers,3 and rapidly declining farm real estate values.4 Highly leveraged and younger farmers were generally the early vic- tims of this traumatic period.5 Lower profit margins resulted in smaller contributions (often negative) to their financial net worth, and declining asset values rapidly converted remaining equity in the farm business to large negative values.
    [Show full text]
  • Pesticides and the Law, PPP-36
    PPP-36 PPURDUEURDUE PPESTICIDEESTICIDE PPROGRAMSROGRAMS Purdue University Cooperative Extension Service PESTICIDES AND THE LAW A GUIDE TO THE LEGAL SYSTEM Fred Whitford, Coordinator, Purdue Pesticide Programs Michael Olexa, Agricultural Law Specialist, University of Florida Michael Thornburg, Agricultural and Environmental Specialist, Purdue University David A. Gunter, Attorney, Cromer and Eaglesfield John Ward, Chief, Pesticide Programs Section, U.S. Environmental Protection Agency Larry LeJuene, Assistant Pesticide Director, Louisiana Department of Agriculture and Forestry Gerald Harrison, Professor of Agricultural Economics, Purdue University Joe Becovitz, Pesticide Program Specialist, Office of the Indiana State Chemist Edited by Arlene Blessing, Purdue Pesticide Programs TABLE OF CONTENTS PAGE Responsibility and Liability Focused on the Pesticide User ........................................................... 3 Recognition, Correction, and Prevention ....................................................................................... 4 Inspection, Investigation, and Reporting ....................................................................................... 5 Civil Liability ................................................................................................................................... 8 Citizen Lawsuit .............................................................................................................................. 11 Labels and Applicator Certification Set Standards of Conduct .....................................................
    [Show full text]
  • National Agricultural Law Center Agricultural Law Bibliography
    National Agricultural Law Center University of Arkansas ∙ System Division of Agriculture [email protected] ∙ (479-575-7647) ∙ www.NationalAgLawCenter.org Agricultural Law Bibliography Updates by Drew L. Kershen Second Quarter 2017 Administrative Law Denny, Worosz & Wilson, The Importance of Governance Levels in Alternative Food Networks: The Case of Red Meat Inspection Rules, 81 RURAL SOCIOLOGY 601-634 2016 Note, Encouraging Climate Adaptation through Reform of Federal Crop Insurance Subsidies, 91 N.Y.U. L. REV. 1684-1718 2016 Student Article, Farmers Plead the Fifth: Is the Plea against the Mandate to Reverve Raisins in Home v. Department of Agriculture Legitimate?, 36 J. NATIONAL ASSOCIATION ADMINISTRATIVE LAW JUDGES 602-637 2016 Biotechnology Glas & Carmeliet, The European Court to Rule on Milestone in European GMO Legislation: The Legal Classification of Mutagenesis in Plant Breeding, 16 BIO-SCIENCE L. REV. 91-104 2017 Menon & Jha, National Biosafety System for Regulating Agricultural Biotechnology in India, 14 INTERNATIONAL J. BIOTECHNOLOGY 151-169 2016 Saravanan, The Biotechnology Regulatory Authority of India Bill 2013 – A Threat to the Safety of India’s Food and Farming, 35 BIOTECHNOLOGY L. REP. 269-289 2016 Sax, Biotechnology and Consumer Decision-Making, 47 SETON HALL L. REV. 433-486 2017 Sax, Contours of GMO Regulation and Labeling, 19 SMU SCIENCE & TECHNOLOGY L. REV. 413- 418 2016 Smyth, Genetically modified crops, regulatory delays, and international trade, 6(2) FOOD & ENERGY SECURITY 78-86 2017 Energy Issues Kesan, Yang & Peres, An Empirical Study of the Impact of the Renewable Fuel Standard (RFS) on the Production of Fuel Ethanol in the U.S., 2017 UTAH L.
    [Show full text]
  • The Study of Agricultural Law in the United States: Education, Organization and Practice
    University of Arkansas School of Law [email protected] $ (479) 575-7646 An Agricultural Law Research Article The Study of Agricultural Law in the United States: Education, Organization and Practice by Neil D. Hamilton Originally published in the ARKANSAS LAW REVIEW 43 ARK. L.REV. 503 (1990) www.NationalAgLawCenter.org The Study of Agricultural Law in the United States: Education, Organization and Practice Neil 0. Hamilton * I. INTRODUCTION: DEFINING THE STUDY OF AGRICULTURAL lAW A significant event in the development of the law and legal studies in the United States in the 1980s was the growth and recognition of what is known as agricultural law. Most lawyers react to this label by asking, "what is agricultural law?" Simply stated, it is the study of the law's effects upon the ability of the agricultural sector of the economy to pro­ duce and market food and fiber. The relationship between law and agriculture can be seen more clearly in the types of issues generally encompassed within the study of agricultural law. These include the following: Federal commodity programs for price supports and production controls, which in the mid 1980s represented over twenty billion dollars in annual ex­ penditures; tax, business, and estate planning for the over two million farms and ranches in the United States, each of which is organized as a separate business; sales and leases of the one billion acres of land classified as agricultural in the United States of which over three hundred million acres are under active annual cultivation, half in some
    [Show full text]
  • An Agricultural Law Research Article Strict Liability and UCC Warranties
    University of Arkansas System Division of Agriculture [email protected] | (479) 575-7646 An Agricultural Law Research Article Strict Liability and UCC Warranties Down on the Farm by Rosemary F. Sheehan Originally published in SOUTH DAKOTA LAW REVIEW 21 S. D. L. REV. 669 (1976) www.NationalAgLawCenter.org STRICT LIABILITY AND UCC WARRANTIES DOWN ON THE FARM Uniform Commercial Code farm product liability is well established, but strict liability is being applied with increasing frequency. Due to agricultural variables, either theory presents proof problems regarding causation, de­ fects, and damages. In addition, there is a serious question whether the uee provides the exclusive remedy for eco­ nomic loss. The author addresses these questions and assesses relevant South Dakota case law. INTRODUCTION Feedlots and croplands provide fertile ground for the growth of product liability. Products used in agriculture and the care and feeding of animals are expensive, highly technical and potentially harmful. Farmers must rely on the representations of the manu­ facturers and retailers concerning the safety and effectiveness of the products they use in their work. Too often these products let them down. The farmer commonly uses alternative theories-negligence, breach of warranty and strict liability-to recover for injury or losses caused by defective products.! This comment will discuss the relative merits of warranty and strict liability as remedies for personal injury, property damage and economic loss caused by defective goods sold to farmers and feeders. Before strict liability becomes a complete remedy for all these types of losses, the courts will have to deal with the question of whether the Uniform Com­ mercial Code (UCC) alone should govern economic loss.
    [Show full text]
  • A Reconsideration of Agricultural Law: a Call for the Law of Food, Farming, and Sustainability
    William & Mary Environmental Law and Policy Review Volume 34 (2009-2010) Issue 3 Article 5 April 2010 A Reconsideration of Agricultural Law: A Call for the Law of Food, Farming, and Sustainability Susan A. Schneider Follow this and additional works at: https://scholarship.law.wm.edu/wmelpr Part of the Food and Drug Law Commons Repository Citation Susan A. Schneider, A Reconsideration of Agricultural Law: A Call for the Law of Food, Farming, and Sustainability, 34 Wm. & Mary Envtl. L. & Pol'y Rev. 935 (2010), https://scholarship.law.wm.edu/wmelpr/vol34/iss3/5 Copyright c 2010 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmelpr A RECONSIDERATION OF AGRICULTURAL LAW: A CALL FOR THE LAW OF FOOD, FARMING, AND SUSTAINABILITY SUSAN A. SCHNEIDER* Agricultural law can be defined as the study of the network of laws and policies that apply to the production, marketing, and sale of agricultural products, i.e., the food we eat, the natural fibers we wear, and increasingly, the bio-fuels that run our vehicles.1 American agricultural policy has evolved from its early focus on agricultural development and expansion to its current focus on economic and political support for the agricultural sector.2 Agricultural law as a dis- cipline has tracked this policy, with agricultural law scholars debating the origins and the validity of the special treatment of agriculture under the law. This article reviews these debates and calls for a reconsideration of agricultural law and policy to address the unique aspects of agricultural production, the fragility of the environment, and the fundamental need for healthy food.
    [Show full text]
  • The Landowner's Guide to Sustainable Farm Leasing Edward Cox Drake University
    Leopold Center Pubs and Papers Leopold Center for Sustainable Agriculture 8-2010 The Landowner's Guide to Sustainable Farm Leasing Edward Cox Drake University Follow this and additional works at: http://lib.dr.iastate.edu/leopold_pubspapers Part of the Agriculture Commons, and the Agriculture Law Commons Recommended Citation Cox, Edward, "The Landowner's Guide to Sustainable Farm Leasing" (2010). Leopold Center Pubs and Papers. 70. http://lib.dr.iastate.edu/leopold_pubspapers/70 This Report is brought to you for free and open access by the Leopold Center for Sustainable Agriculture at Iowa State University Digital Repository. It has been accepted for inclusion in Leopold Center Pubs and Papers by an authorized administrator of Iowa State University Digital Repository. For more information, please contact [email protected]. The Landowner's Guide to Sustainable Farm Leasing Abstract This guide, prepared with support from the Leopold Center, introduces landowners and tenants to sustainable lease agreements. Disciplines Agriculture | Agriculture Law This report is available at Iowa State University Digital Repository: http://lib.dr.iastate.edu/leopold_pubspapers/70 DRAKE UNIVERSITY AGRICULTURAL LAW CENTER The Landowner’s Guide to Sustainable Farm Leasing BY EDWARD COX Prepared with support from The Leopold Center for Sustainable Agriculture at Iowa State University Disclaimer The information in this Guide is intended for use as educational material to assist landowners, Prepared by: farmers, and their advisors in understanding various laws, regulations, and lease provisions. The Meghann E. Jarchow and Matt Liebman Department of Agronomy,Guide Iowais not State intended, University and should not be used, as a substitute or replacement for individual legal advice.
    [Show full text]
  • An Agricultural Law Research Article Helping Farmers and Saving
    University of Arkansas System Division of Agriculture [email protected] $ (479) 575-7646 An Agricultural Law Research Article Helping Farmers and Saving Farmland by Gerald Torres Originally published in the 37 OKLAHOMA LAW REVIEW 37 OKLA. L.R. 31 (1984) www.NationalAgLawCenter.org HELPING FARMERS AND SAVING FARMLAND GERALD TORRES* The Problem Each week the United States loses 35,000 acres of agricultural land ro other uses. I The United States Soil Conservation Service has estimated [hat between 1965 and 1975 approximately one million acres of Class 1 to Class III soils, those best suited for agriculture, were urbanized each year. 2 The loss of farmland to urban uses is permanent and cumulative. This loss raises the cost of farming and increases food costs [0 consumers as it becomes necessary to bring marginal land into production. 3 Marginal land, by definition, is land less well suited to agricultural uses; thus its use necessitates a greater investment to develop [han does prime farmland. 4 Much of the country's prime agricultural land is located near urban centers. 5 The loss of prime agricultural land to other uses is usually "iymptomatic of urban sprawl or poorly regulated urban development. The type of development normally associated with urban sprawl not only reduces farmland and increases the costs of farming and farm products, it also usually increases municipal costs 6 and reduces the ur­ ban amenities associated with "green belts" close to population centers. Conserving agricultural land close to urban centers makes sense. It makes planning sense, it makes environmental sense, and it makes economic sense.
    [Show full text]
  • Drake University Agricultural Law Center the State and Local Food Policy Project January 2005
    Food Policy Council Questions and Answers What is a Food Policy Council? Food Policy Councils (FPC's) are comprised of stakeholders from various segments of a local food system. Councils are typically sanctioned through government action such as an Executive Order, Public Act, or Joint Resolution however, many Councils have formed through grassroots effort and operate without an official convening document. FPC's are innovative collaborations between citizens and government officials which give voice to the concerns and interests of many who have long been under-served or un-represented by agricultural institutions. The primary goal of many Food Policy Councils is to examine the operation of a local food system and provide ideas and recommendations for improvement through public policy changes. What is a "food policy"? A food policy is any decision made by a government agency, business, or organization which effects how food is produced, processed, distributed, purchased and protected. This includes the types of foods consumers have access to, information available pertaining to place of origin, and the rules and regulations which influence many aspects of farming. Examples of food policies include: • A decision by school officials whether to purchase foods raised by local farmers; • Regulations for selling raw milk to consumers; • The eligibility standards that allow low-income residents to participate in food assistance programs; • The regulatory health and safety requirements for food based business; • Food ingredient labeling; • The percentage of a food ingredient which qualifies a food product as being "organic". Why create a Food Policy Council? There are many reasons why state or local governments may want to create a Council.
    [Show full text]
  • The National Agricultural Law Center the Nation’S Leading Source for Agricultural and Food Law Research & Information Nationalaglawcenter.Org | [email protected]
    The National Agricultural Law Center The nation’s leading source for agricultural and food law research & information NationalAgLawCenter.org | [email protected] Recent Agritourism Litigation in the United States This material is based upon work supported by the Peggy Kirk Hall* National Agricultural Associate Professor, Ohio State University Extension Library, Agricultural Research Service, U.S. Ellen Essman Department of Agriculture Sr. Research Associate, Ohio State University Extension There has been significant growth in agritourism entrepreneurship in recent years.1 “Agritourism,” also referred to as “agricultural tourism,” and “agritainment,” refers to visiting a working farm or an agricultural, horticultural or agribusiness operation to enjoy the rural setting, be educated, or be involved in special activities. 2 Examples of agritourism activities include corn mazes, hay rides and tours, horseback riding, petting zoos, you-pick operations, farm stays, educational classes, wineries, farm markets, hunting, nature and recreational activities, and wedding and event centers. With the growth of agritourism, however, comes legal issues for agritourism operators. The National Agricultural Law Center has focused on helping agritourism operators understand legal issues and manage agritourism legal liability risk. To continue our work in this area, we sought to identify litigation across the United States related to agritourism operations. What types of agritourism lawsuits are arising, and how are they resolved? This report summarizes our findings of recent court cases involving agritourism operations, and also highlights legal incidents that occurred but did not produce litigation. We can classify our findings on agritourism litigation into two major categories: land use and personal injury. Somewhat surprisingly, there are more cases in the land use category than in the personal injury category.
    [Show full text]