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Documents on Agricultural Law, Energy, Agriculture
 

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HTMLHorses, Hops, and the Hobby Loss Rules
Timothy M. White; Smith Haughey Rice & Roegge, P.C.;
Legal Alert/Article
December 12, 2014, previously published on November 12, 2014
If 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...

 

HTMLMending Your Fence: Business Procedures to Protect the Farm and Your Family
William H. Franks, Jeffrey R. Wonacott; Smith Haughey Rice & Roegge, P.C.;
Legal Alert/Article
December 12, 2014, previously published on November 12, 2014
There 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...

 

HTMLUse a Trust and an LLC to Plan Ahead for the Family Farm
Christine H. DeMarea; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 11, 2014
Many 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.

 

HTMLSubstantive Review of NOP Appeals and the Resolution of Appeals
Gene Summerlin; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 25, 2014
In 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.

 

HTMLCo-Packing: An Alternate Route to the Organic Marketplace
Marnie A. Jensen; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 9, 2014
The 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...

 

HTMLAgricultural Cooperative Antitrust Litigation Continues to Mushroom
Don T. Hibner; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 28, 2014, previously published on November 3, 2014
Pennsylvania 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,...

 

HTMLHave Passport? (Organic Product) Will Travel
Marnie A. Jensen; Husch Blackwell LLP;
Legal Alert/Article
November 12, 2014, previously published on October 29, 2014
In 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...

 

HTMLMinnesota Jury Rules in Favor of Dairy Farmers
Sutherland Asbill Brennan LLP;
Legal Alert/Article
November 4, 2014, previously published on October 29, 2014
A 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.

 

HTMLBest Practices Agricultural Businesses Should Follow When Creating or Revising an Employee Handbook
Melissa J. Jackson; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
November 2, 2014, previously published on October 15, 2014
An employee handbook is one of the most important tools employers in the agricultural industry have at their disposal to communicate with employees about important workplace issues. It also can serve as an excellent defense to claims. Having a handbook signals to employees that the business regards...

 

HTMLSteer Clear of Employment Law Issues During Harvest Season
Karl W. Butterer; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
November 2, 2014, previously published on October 15, 2014
Harvest time is often the busiest time of the season for Michigan’s farms, orchards, vineyards and other agricultural operations. It’s also peak employment season, requiring new workers and resources to keep up with the demands of the harvest, the proclivities of nature, and the nuances...

 


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