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|Mending Your Fence: Business Procedures to Protect the Farm and Your Family|
William H. Franks, Jeffrey R. Wonacott; Smith Haughey Rice & Roegge, P.C.;
December 12, 2014, previously published on November 12, 2014There are a variety of reasons that you may choose or have chosen to operate your farming business through a legal entity (generally a corporation or limited liability company (LLC)). One of the most important benefits from operating your business through a legal entity is the limited liability...
|Horses, Hops, and the Hobby Loss Rules|
Timothy M. White; Smith Haughey Rice & Roegge, P.C.;
December 12, 2014, previously published on November 12, 2014If you take a drive through northern Michigan you are likely to come across at least a few horse farms. Increasingly, you may also spy large trellises draped with hops, and it seems as though anyone with more than an acre lot is planting a few grape vines these days. Sometimes, these horse and...
|Substantive Review of NOP Appeals and the Resolution of Appeals|
Gene Summerlin; Husch Blackwell LLP;
December 8, 2014, previously published on November 25, 2014In our last post, we discussed the procedural requirements necessary to pursue an appeal of an adverse action taken by the NOP, a State organic program, or an organic certification agency.
|Use a Trust and an LLC to Plan Ahead for the Family Farm|
Christine H. DeMarea; Husch Blackwell LLP;
December 8, 2014, previously published on November 11, 2014Many farm clients falsely believe that because they have a trust they do not need to establish a limited liability company (“LLC”). This is simply not true. The purpose for using an LLC is very different than using a trust. In practice, a family farm should have both.
|Co-Packing: An Alternate Route to the Organic Marketplace|
Marnie A. Jensen; Husch Blackwell LLP;
December 8, 2014, previously published on November 9, 2014The USDA organic regulations state that the term “organic” can only be used on the label of a product that is produced or handled by a certified operation (again, the usual exceptions apply). Getting this organic certification, though, can be a tedious, costly, and burdensome endeavor...
|Agricultural Cooperative Antitrust Litigation Continues to Mushroom|
Don T. Hibner; Sheppard, Mullin, Richter & Hampton LLP;
November 28, 2014, previously published on November 3, 2014Pennsylvania District Court certifies five year ruling for interlocutory appeal, that mushroom cooperative is not immune from antitrust claims based upon “advice of counsel” argument. In Re Mushroom Direct Purchaser Antitrust Litigation, Case No. 2:06-cv-00620, (E.D. Pa. October 17,...
|ALJ Bullock Grants Motion To Terminate Investigation In Certain Light Reflectors And Components (337-TA-924)|
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
November 27, 2014, previously published on November 23, 2014On November 20, 2014, Chief ALJ Charles E. Bullock issued Order No. 12 in Certain Light Reflectors And Components, And Packaging, and Related Advertising Thereof (Inv. No. 337-TA-924).
|Have Passport? (Organic Product) Will Travel|
Marnie A. Jensen; Husch Blackwell LLP;
November 12, 2014, previously published on October 29, 2014In order to legally sell, label, or represent a product as “organic” in the United States, the product must comply with the USDA National Organic Program regulations (the “NOP”). In practice, this means that the production or handling operation must be certified by an...
|Do You Really Want to Know What’s in Your Food? Connecticut Requires Labeling for Genetically Modified Foods|
Eric W. F. Niederer; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 8, 2014, previously published on March 3, 2014Connecticut, the first state to pass a law that requires labeling for genetically engineered foods, is being joined by states with similar labeling requirements, but no labeling mandates. Despite the reluctance of some states to enact these labeling regulations, it appears that the trend is moving...
|Minnesota Jury Rules in Favor of Dairy Farmers|
Sutherland Asbill Brennan LLP;
November 4, 2014, previously published on October 29, 2014A jury has awarded the owners of a family farm near Pine River, Minnesota damages based on claims against a local electric cooperative. The family claimed that stray voltage caused issues with its dairy cows.