Lawmakers want to make poultry companies responsible for chicken manure in Maryland

Posted February 4, 2016

The Baltimore Sun reports that some Maryland lawmakers want to make large poultry processors responsible for the manure generated by their chickens on contract farms.

The bill, known as the Poultry Litter Requirement Act, would hold poultry companies responsible for the manure from their birds and require them to remove excess manure from their contracted farms.

Large chicken companies provide food and medication for the birds they own, but chickens are raised at contracted farms. Once the contract growers return the birds to the chicken companies, they are left with manure and bedding material they can use as fertilizer or sell.

Environmentalists contend these practices place an undue burden on farmers. Per the Star Democrat, farmers on the Eastern Shore of Maryland historically use poultry manure as fertilizer for crops, which results in excess phosphorus saturating farm lands and leeching into and running off into Chesapeake Bay waters. This contributes heavily to the estuary’s pollution problems. 

House sponsor Clarence Lam told the Star Democrat that he wanted to make sure the cleanup burden isn’t placed on small chicken growers, as “they’re often the ones being squeezed by the large integrators.”

Spokesperson Julie DeYoung of Perdue Farms, one of the state’s largest poultry integrators, told the Star Democrat,“Through our Perdue AgriRecycle organic fertilizer facility, for nearly 15 years we have been the only poultry company in the Chesapeake Bay region that provides an environmentally responsible alternative to land application. Those who claim we are putting the responsibility for poultry litter on our farmers are choosing to ignore this fact.”

The bill is backed by some Democrats in the General Assembly, but will likely be opposed by the poultry industry, which, according to the Baltimore Sun, has a powerful voice in Annapolis.  Poultry is the largest agricultural industry on the Eastern Shore, and a large part of Maryland’s economy. 

Additional info on the bill may be found here.

(photo courtesy pixabay.com)

Schumer Seeks Crop Insurance for Barley Farmers

Posted January 13, 2015

Senator Chuck Schumer is establishing an insurance program benefiting Capital region farmers growing malt barley for craft beer and distilling industry, according to a Daily Journal article available here. ABC News10 also published an article available here and WKBW here.

Malt barley is essential to the growth of the craft beer industry.

Currently, there is no federal insurance for malt barley in New York, making it difficult for craft brewers, because they will be required by law to source 90 percent of ingredients from local farms and malt houses, according to News 10.

“All you need is some bad weather, hail or early frost or it can be some international condition. All of a sudden another country jumps a huge amount of product on the market. And you’re stuck. So farmers more than just about anyone need insurance,” said Schumer.

Schumer will discuss the issue late Monday morning at the Albany Distilling Company.

For more information on crop insurance programs, please visit the National Agricultural Law Center’s website here.

Michigan Governor Abolished Local Food Systems Council

Posted December 16, 2014

Michigan Governor Rick Snyder abolished a council that supported local food systems and agricultural diversity, according to an Inquisitr article available here.

Governor Jennifer Granholm established the Michigan Food Policy Council in 2005 hoping it would help citizens “cultivate a healthy, safe food supply, especially for low-income and urban households.”

The Council’s goal was to “bring together a diverse group of stakeholders” in order to improve Michigan’s food environment.”

“I appreciate the council’s work and am confident that this reorganization will build on its accomplishments to further protect and strengthen our state,” said Snyder.

Some local food advocates are unsure why Snyder abolished the Council.

For more information on local food systems, please visit the National Agricultural Law Center’s website here.

Wisconsin Supreme Court Denied Raw Milk Case

Posted December 16, 2014

Vernon Hershberger, Sauk County dairy farmer, will not appear in front of Wisconsin Supreme Court for his 2013 conviction for selling raw milk, according to a Wisconsin Ag Connection article available here. Wisconsin Radio Network also published an article here and NBC TMJ4 here.

After a raid on his property in 2010, Hershberger was found guilty of violating a state hold order placed on his milk products.

He asked the court to review his case arguing that he “operates a private buying club that’s not subject to the same rules as a farmer,” according to TMJ4.

Hershberger also argued that he was not allowed to present evidence for his case and an unedited copy of the holding order was kept out of evidence, according to Wisconsin Radio Network.

The Justices did not give a reason as to why they rejected the appeal.

For more information on food safety, please visit the National Agricultural Law Center’s website here.

Russia's Import Ban Helps Local Farms

Posted November 25, 2014

Russia’s ban on western imports of food products has strengthened local, organic farms, according to The New York Times article available here. The Daily Meal also published an article available here and teleSUR here.

Major Russian grocery chains sought out Boris Akimov, the founder of Russia’s farm-to-table movement, desperately seeking immediate supplies.

Akimov and the other 100 farmers associated with LavkaLavka, the organic farm cooperative, produce nowhere near the amounts requested.

“The main thing which the sanctions have already changed is in people’s minds — in government, in business and on the streets, they have started to think more about where their food comes from,” said Mr. Akimov. “If the sanctions give a chance to develop local farmers, to develop sustainable agriculture, it is very good. But I am not sure it will happen.”

Russin citizens have been hit the hardest by the ban with food prices increasing dramatically for consumers and many farmers were left with a surplus of crops, according to The Daily Meal.

Without cheese import from Europe, food producers have been making their own Parmesan, Mozzarella cheese, and Serrano ham, according to teleSUR.

Last month, Prime Minister Dmitri A. Medvedev released a “road map” for agriculture in the country encouraging people to consider local farming.

  

“The aim of our efforts is to increase our own agricultural produce and to reduce Russia’s dependence on food imports,” said Dmitri. However, the map was mostly showed upcoming spaces to watch out for.

Prices for meat and poultry have risen more than 18 percent through October, and dairy products rose by over 15 percent, according to The New York Times.

“Russia cannot provide itself with dairy products, fish, vegetables and other types of food,” said Mikhail Anshakov, the head of the Society for the Protection of Consumer Rights, which calls for food sanctions to be rescinded. “Self-imposed sanctions under these circumstances were madness.”

According to a poll taken at the end of September, 59 percent of Russians believed the sanctions would work to Russia's economic advantage, however; consumers are worried the agriculture sector is not able to produce enough food for the country, according to teleSUR.

For more information on local food systems, please visit the National Agricultural Law Center’s website here.

New Bill Benefits NY Craft Beverage Producers

Posted June 19, 2014

Governor Andrew Cuomo announced a bill to reduce restrictions for craft beverage producers in New York, according to an article on Dan’s Papers by Kristen Fedor available here. Riverhead News-Review also published an article available here, Shanken News Daily here, and Auburn Pub here.

The proposed legislation includes several provisions to benefit the craft beverage industry, including an easier permit process and reformed marketing restrictions.

The new bill is a result of conversations from last April’s Wine, Beer and Cider Summit.

The bill eliminates the need for a permit to offer pint tastings or sell growlers on site. The bill also increases the production cap for small producers, but it is unclear by how much, according to Riverhead News-Review.

Local brewers are praising the bill.

“Ideally, these end up creating less paperwork and lowering licensing fees,” said Greg Martin, co-owner of Riverhead’s Long Ireland Beer Company. “It’s definitely helping.”

Since 2011, New York’s number of microbreweries has increased from 40 to 100, the number of farm distilleries has increased from 10 to 42, and the number of farm wineries has increased from 195 to 289, according to Shanken News Daily.

The legislation will go into effect 30 days after it is signed into law, which is expected to happen Thursday during the 2014 legislative session, according to Auburn Pub.

For more information on local food systems, please visit the National Agricultural Law Center’s website here.

Tulsa Reconsiders Ordinance Amendment for Food Truck Owners

Posted May 23, 2014

An ordinance amendment which could affect the distance that food trucks would have to operate from restaurants is in consideration, according to an article by Jarrel Wade, World Staff Writer, available here. Charlotte recently proposed a similar ordinance that can be found on the Ag and Food Law blog here.  

City staff recommended the proposed increase, from 150 feet to 300 feet, which was criticized by some food truck owners. The ordinance would give authorities the ability to issue warnings or tickets to food trucks that park within the regulated distance of a bricks-and-mortar restaurant, and is intended to protect restaurant owners, who have property taxes, from mobile vendors.

Councilor Blake Ewing, owner of three downtown restaurants and sponsor of the amendment, said food truck owners criticized the proposed amendment as a conflict of interest for Ewing.  Food truck owners argued the increased distance would exclude them from high-density restaurant areas.

“I pulled the ordinance, and we’re setting up a public meeting to discuss the issue before we even attempt to take any action on it,” Ewing said.

Ewing said he supports food trucks, and that he is even in the process of creating his own food truck. The proposal was established with the help of food truck owner, Josh Lynch, and is intended to clarify and update the rules for vendors and prevent food trucks from parking directly outside a restaurant.

Ewing said a town-hall style meeting would be organized to meet with food truck vendors so that more input can be collected before changes are made to the ordinance.

For more information on local food systems, please visit the National Agricultural Law Center’s website here.

MI Agriculture Commission Approves Changes to Right to Farm Protection

Posted May 1, 2014

The Michigan Commission of Agriculture and Rural Development voted, in a special session, to adopt changes that make all farm livestock operations, regardless of size, subject to the rules, according to an article by MLive available here.

The Right to Farm Act “was created in 1981 to protect commercial farms at a time when city people were moving into rural areas and then complaining about conditions typical to farming, according to the Michigan Department of Agriculture and Rural Development.”  The law protects farmers from nuisance lawsuits “as long as the operation is conforming to Generally Accepted Agricultural and Management Practices” determined by the state. 

The new rule gives local governments more authority to ban or regulate raising farm animals in residential areas, according to an article by Michigan Radio available here.  Farmers with livestock in areas that are “primarily residential” may not claim protection under the Right to Farm Act.

“I believe we have over 100 communities in Michigan who have ordinances on the books against chickens and bees and other things, and they will be able to continue to move forward with those,” says Jamie Clover Adams, the director of the state Department of Agriculture and Rural Development.

Adams and commission members say they expect to adjust the regulation as time goes on.   They “say the city of Detroit is in the process of adopting a livestock ordinance that could serve as a model in some cases.”

Some, however, say the rule change will hurt small farms.  “They don’t want us little guys feeding ourselves.  They want us to go all to the big farms,” said Kim White.  “They want to do away with small farms and I believe that is what’s motivating it.”

For more information on Right to Farm laws and for a compilation of states’ Right to Farm statutes, please visit the National Agricultural Law Center’s website here.

Charlotte Food Truck Owners Criticize Proposed Ordinance

Posted April 25, 2014

Food truck vendors in Charlotte, North Carolina are voicing their concerns over a proposed city ordinance that they say would hurt their industry, according to an article by the Charlotte Observer available here.  WBTV also reported on the story here.

The proposed zoning ordinance would prevent food trucks from operating within 100 feet of a restaurant, nightclub or bar, and would be more heavily restricted in residential areas.  The proposed ordinance also includes new permitting requirements intended to ease restrictions for vendors.

“I don’t think they’re intentionally trying to harm food trucks by any stretch of the imagination,” said David Stuck, who co-founded the Tin Kitchen, a food truck and catering company.  “But I do think they don’t understand what it is we do.”

Planning Manager Katrina Young says the proposed draft is not permanent and is meant to open a dialogue.  Young also said the planning department will have a final recommendation for the City Council in late summer at the earliest. 

For more information on local food systems, please visit the National Agricultural Law Center’s website here.

NALC Resource: Local Food Systems Reading Room

Posted March 20, 2014

The National Agricultural Law Center offers a wide range of resources, one of which is the Local Food Systems Reading Room available here.

The term “local food system” refers to the interconnected processes related to food production, processing, consuming, and disposing of that food.  Local food sales are often direct sales between the producer and consumer.  Common direct sales methods include: farmers’ markets, farm stands, pick your own operations and community supported agriculture (CSAs).  Producers may also sell directly to restaurants or other institutions.

Typical legal issues concerning local food systems include general liability concerns, premises liability, the sale of milk, and labor issues.

The Local Food Systems Reading Room provides information on major statutes, relevant regulations, links to the case law index, administrative law decisions, Center research publications, relevant Congressional Research Service reports, and many other resources. 

These resources are provided by the National Agricultural Law Center as a free service to the public.

USDA Announces New Efforts to Help Small and Mid-Sized Farmers

Posted March 18, 2014

Agriculture Secretary Tom Vilsack recently announced new and expanded efforts to connect small- and mid-sized farmers and ranchers with USDA resources, according to a USDA News Release available here.

“The recent Census of Agriculture shows that there is tremendous growth potential for small and mid-sized producers in the American agricultural landscape,” said Vilsack.  “USDA is taking a hard look at our existing resources to ensure that they work for producers of all sizes.  We’ve adjusted policies, strengthened programs and intensified outreach to meet the needs of small and mid-sized producers.”

New efforts announced include: 

Access to capital, including changes to the Farm Storage and Facility Loan (FSFL) Program to help fruit and vegetable producers access the program for cold storage and related equipment; funding for producers under the microloan program; and funding for hoop houses.

Risk management, including developing a whole farm insurance policy for highly-diversified producers.

Locating market opportunities, including new coordinators to connect producers with the Farm to School program.

Food safety, including launching pilot programs in five states to help small and mid-sized farmers achieve Good Agricultural Practices (GAP) certification.

Educational resource and outreach efforts, including a “Learning Guide Series” specifically for small and mid-sized farmers and “Small Scale Solutions for Your Farm” for small livestock and fruit and vegetable producers.

Expansion or modifications for certain programs through the 2014 Farm Bill, including the Beginning Farmer and Rancher Development Program, Value-Added Producer Grant Program, and the Farmers Market and Local food Promotion Program.

Additional information on USDA’s Small and Mid-Sized Farmer Resources is available here.

The National Agricultural Law Center offers more information on agricultural finance and credit, risk management, food safety, local food systems, and the 2014 Farm Bill.

Webinar: Legal Issues with Adding Value to Farm Products

Posted March 12, 2014

Farm Commons will offer a webinar on Monday, March 17, 2014 at 6 p.m. CDT on the legal issues involved in adding value to farm products. 

While starting a processing operation, improving packaging, and developing new products are all ways to make a farm more profitable, producers need to be aware of important legal issues.  Employment law, tort liability, state and federal regulations and tax issues change when a farm begins to process a product.  The webinar will discuss what activities cottage food laws do and do not protect. 

Registration information for the webinar is available here.

Information on other webinars offered by Farm Commons is available here.

For more information on local food systems and food safety, please visit the National Agricultural Law Center’s website here and here.

CA Bill would Create Office of Farm to Fork

Posted February 27, 2014

California Assembly Speaker John A. Perez introduced a bill that would create the “Office of Farm to Fork” within the California Department of Food and Agriculture, according to an article by the Sacramento Bee available here.

AB 2413, available here, would create the office to “promote healthy food access, especially in underserved communities, and seek collaborations between public health agencies, farmers and other parties.”

According to Will Shuck, communications director for Speaker Perez, the bill is not aimed at local restaurants or local farm to fork initiatives, but “geared toward broader food access and building healthy communities.”  Shuck said, “It’s as much about health and low-carbon footprints, and the broader farm-to-fork movement…It’s about people who have very few (food) choices.”

AB 2413 is similar to AB 38, introduced by Perez in 2012.

For more information on local food systems, please visit the National Agricultural Law Center’s website here.

Group Urges Congress for a New Approach to Food and Agricultural Policy

Posted February 7, 2014

Co-chairs of AGree, a food and agricultural policy group, are urging Congress to try a new approach to food and agricultural policy, according to a Roll Call article available here.

Drafting, negotiating, and passing the 2014 farm bill was a long, tense process.  While the bill includes several important achievements, AGree says it could have done more – “Food and agriculture systems in the United States and around the world face fundamental long-term challenges posed by resource scarcity, population growth, climate change, invasive pests, pathogens and diseases, rising consumer incomes in low-and middle-income countries, and shifts in relative economic power.”

AGree suggests “transformative restructuring” for food and agricultural policy with a Food, Farming and Healthy Environment Act which would contain “innovative and cost-effective solutions to tomorrow’s challenges.”  The Act would incorporate nutrition and food; environmental management and farming and ranching; local food systems and international trade; research and information systems; urban and rural interests; and certainty for workers with the importance of a skilled labor force.”

AGree will announce more specific recommendations in the coming months.

For more information on farm bills, please visit the National Agricultural Law Center’s website here.

Maine Bill Would Create Local Food Hubs

Posted February 5, 2014

A Maine bill would support the expansion of “food hubs,” where small-scale farmers can store, cut or clean their products to ease the distribution process to larger markets, according to an Associated Press article available here.

LD 1431, entitled “An Act To Support School Nutrition and Expand the Local Foods Economy,” is available here.  The Agriculture, Conservation and Forestry Committee is scheduled to consider the bill on Thursday afternoon.

The bill would provide grants and create a $6 million bond issue to develop more food hubs, which allow small producers to get their products to larger markets like schools and grocery stores.  It would also fund programs to train school food service workers “on the preparation and procurement of Maine-grown foods.”

Lawmakers, however, are divided on the merit of the bill, according to an Associated Press article available here.

Republican lawmakers said that Maine cannot afford to fund the expansion.  “The only way we’re going to get this money is to take away from revenue sharing, local towns and everywhere else because we’re headed into a very big shortfall in the upcoming year,” said Rep. Jeffrey Timberlake, a Republican from Turner.

Supporters say the bill will benefit the state by providing more Maine students access to fresher, healthier vegetables and promoting small businesses and the local economy. 

Sen. Chris Johnson, sponsor of the bill, said he is considering an agricultural bond that would support food hubs in a comprehensive bond package.  Other supporters cite studies showing that “dollars spent through food hubs boost local economies much more than dollars spent on imported food,” according to the Conservation Law Foundation here.  According to the study, “every $100 spent on local food has the potential to generate an additional $63 in the local economy.”

For more information on local food systems, please visit the National Agricultural Law Center’s website here.

Survey Shows Farm to School Legislation is on Rise

Posted January 9, 2014

An updated National Farm to School Network (NFSN) survey shows in 2012 and 2013, twenty states passed farm to school related legislation and seventeen other states introduced legislation, according to an article by PRWEB available here. 

The State Farm to School Legislative Survey 2002-2013, available here, was prepared by researchers at Vermont Law School’s Center for Agriculture and Food Systems.  The survey provides a summary of each farm to school related bill proposed since 2002.  The survey also provides charts categorizing bills by type and showing themes and differences in state approaches.

Farm to school “is the practice of sourcing local food for schools or preschools, as well as providing agriculture, health and nutrition education opportunities.  Interactive, hands-on experiences are integral to farm to school programs and may include school gardens, farm field trips and cooking lessons.”

Helen Dombalis, policy and strategic partnership director for NFSN said, “What we see in the legislation is increasing dynamism and synergy between state governments and local food movements, connecting education and agriculture sectors in mutually beneficial partnerships while improving the quality of food available to our children.”

For more information on local food systems, please visit the National Agricultural Law Center’s website here.

USDA Announces Grants to Help Schools Buy Local Food

Posted November 25, 2013

USDA announced grants for 71 projects over 42 states and the District of Columbia to connect school cafeterias with local farmers and ranchers through is Farm to School program, according to the USDA news release available here.  Farm Futures reported on the story here.

The selected projects will serve over 13,000 schools and 2.8 million students, almost 45 percent of which live in rural communities. 

Secretary of Agriculture, Tom Vilsack, said, “In rural and urban communities across the country, Farm to School programs teach students where food comes from, while providing healthy foods that are grown locally on farms and ranches across the nation… These programs also create new market opportunities for local farmers and ranchers interested in partnering with nearby school districts – and by helping to create an even more diverse and thriving agriculture sector, Farm to School efforts hold potential to create new jobs in rural areas.”

A complete list of FY14 Farm to School grant recipients is available here.

The results of the Farm to School Census for the 2011-2012 school year show that, during that time period, school districts purchased and served over $350 million in local food, with most of the participating schools planning to purchase more local foods in the future. 

For more information on local food systems, please visit the National Agricultural Law Center’s website here.

Lawsuit Challenges MN “Cottage Foods” Restrictions

Posted November 25, 2013

A Minnesota business owner recently filed a lawsuit challenging the state’s “cottage foods” law, according to a KSTP News article available here.  KAAL TV also reported on the story here.

Under the law, Minn. Stat. § 28.A.15 (2013), Jane Astramecki may sell her baked goods at a farmers market or a community event with gross receipts of $5,000 or less per year without a license.

A “Cottage Food Production Operation” typically means that a person “uses his or her own kitchen facility to produce food items that are not potentially hazardous, including bakery products, jams, jellies, candy, dry mixes, spices and some sauces.”

The laws regulating “cottage foods” vary from state to state.  An interactive map of state “cottage foods” laws is available here.  A regulatory guidance for Best Practices for Cottage Foods is available here.

For more information on local food systems, please visit the National Agricultural Law Center’s website here.

Raw Milk Producer Sues Oregon Ag Dept. Over Advertising Ban

Posted November 22, 2013

An Oregon dairy owner recently filed a lawsuit in federal court against the state Department of Agriculture, challenging its ban on advertising the sale of raw milk, according to a Capital Press article available here.

Christine Anderson, owner of Cast Iron Farms, filed a lawsuit on November 19 in U.S. District Court in Portland, seeking to invalidate the advertising ban, arguing that the law violates her free speech rights and is unconstitutionally vague. 

Oregon law, ORS § 621.116, does not allow retail raw milk sales, but provides an exception, ORS § 621.012, for “farmers with a limited number of animals to sell unpasteurized milk directly to consumers on-site,” according an article by the Oregonian available here.  In addition, the law bans any advertising including website postings, fliers, and emails. 

“Raw milk is legal to sell but you can’t talk about it,” Anderson said.  “I work really hard, and I do a good job as a producer.  I want to be able to talk about it.  I would like to go about my small business without a lot of fear that what I’m doing can be construed as breaking the law.”

Bruce Pokarney, Oregon Department of Agriculture spokesman, said that agriculture officials did not enact the law but are responsible for enforcing it.  Pokarney also said that raw milk was not a department priority, “We haven’t gone out an looked for anybody who’s advertising raw milk…But if we become aware of it…we’ll respond to somebody’s complaint.”

For more information on raw milk and local food systems, please visit the National Agricultural Law Center’s website here.

SC Direct Marketing Guide Now Available

Posted November 13, 2013

A direct marketing guide for South Carolina is now available through the National Agricultural Law Center here.  State-specific direct marketing guides for several states are also available here.

Local food is a growing area of interest.  Consumers seek out local producers for many reasons including supporting local communities and stewardship of the land, learning more about where their food comes from, and making connections with the people who grow their food. 

Running a successful direct farm business, however, can be difficult due to complex laws and regulations.  These direct marketing guides intend to bring clarity to some of the rules and provide guidance on where and how to get the correct information.

After an overview of the federal and state regulatory system, the guides discuss issues important to farming operations including the structure of an agricultural business, marketing plans for the business, taxation concerns and labor and employment issues.  Then, they discuss the regulation of certain specific products including dairy, eggs, fish and other aquatics, produce, grains and cereals, honey and maple syrup, meat and poultry and organic marketing.  The guides also contain an extensive glossary of terms relevant to legal and production concerns.

For more information on local food systems, please visit the National Agricultural Law Center's website here.