NALC Resource: Water Law Reading Room

Posted May 22, 2014

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

Water law affects many aspects of agriculture.  Water used in agricultural production can come from surface water (rivers, lakes, streams, and ponds) or from groundwater, such as an aquifer.  The allocation of these resources is determined by state law with little federal intervention.  Legal issues involved with water use in agriculture include quantity issues and quality issues. 

The Water Law Reading Room provides information on major federal statutes and state constitutions.  The Reading Room also includes relevant regulations, a link to the Water Law 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.  

NALC Resource: Finance and Credit Reading Room

Posted April 16, 2014

The National Agricultural Law Center offers a wide range of resources, one of which is the Finance and Credit Reading Room available here.

Agricultural finance and credit is governed by state and federal statutes, regulations, case law, and lending institution requirements.  

The largest sources of capital for agricultural producers are commercial banks, the Farm Credit System, the Farm Service Agency, and insurance companies.  Producers may also obtain credit from individuals, cooperatives, processors, and agricultural machinery and input suppliers.

The Finance and Credit Reading Room provides information on major statutes including Agricultural Credit, 7 U.S.C. §§ 1921-2009aa-13; Farm Credit System, 12 U.S.C. §§ 2001-2279cc; and the Consolidated Farm and Rural Development Act, 7 U.S.C. §§ 5101-5106.

The Reading Room also includes additional statutes, relevant regulations, a link to the Finance and Credit 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.  

NALC Resource: Food Labeling Reading Room

Posted April 7, 2014

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

Food labeling is generally regulated by the U.S. Department of Agriculture (USDA), U.S. Food and Drug Administration (FDA), and the U.S. Federal Trade Commission (FTC).  USDA’s Food Safety and Inspection Service (FSIS) is responsible for ensuring that the nation’s commercial supply of meat, poultry, and egg products is safe and properly labeled.  Other agencies are involved regulating certain labels such as alcohol labels.

Examples of food labeling issues include country of origin labeling, qualified health claims, nutrient content claims, trans fat labeling, allergens, organic labeling, natural labeling, animal production and hormone labeling, irradiated food labeling, and biotech food labeling.  

The Food Labeling Reading Room provides information on major statutes, relevant regulations, links to the case law index for Food Labeling, 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.

NALC Resource: Labor Law Reading Room

Posted March 31, 2014

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

Several state and federal laws have been enacted to protect workers in all industries, including agriculture.  The laws regulate many aspects of labor including wages, working conditions, immigration, and employment opportunities.  The application of these laws to agriculture is often complicated due to special exemptions or exceptions for agricultural employers.

The Migrant and Seasonal Agricultural Worker Protection Act of 1983, 29 U.S.C. §§ 1801-1872, is the primary statute applicable to agricultural workers and establishes wage and working condition requirements and registration of farm labor contractors.  Other major statutes include the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-219; the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678; and the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136-136y.

The Labor Law Reading Room provides information on major statutes, relevant regulations, links to the case law index for Labor Law, 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.

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.

NALC Resource: Pesticides Reading Room

Posted March 14, 2014

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

Pesticides, created to be toxic to specific organisms, have helped bring about the industrialization of agriculture.  Pesticide use and its inherent toxicity require regulation to ensure the safety of the public, the food supply, and the environment.  The U.S. Environmental Protection Agency (EPA) primarily regulates pesticides and also works with state agencies.  

Major statutes include the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. §§ 136-136y, and the Federal Food, Drug, and Cosmetic Act (FFDCA) 21 U.S.C. §§ 301-392.  FIFRA establishes the general system of federal pesticide regulation, while the FFDCA establishes a system to govern pesticides in food and feed.

The Pesticides 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.

NALC Resource: Animal Welfare Reading Room

Posted March 12, 2014

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

Many animal welfare laws are enacted and enforced on the state level.  The Center offers a database for all state laws enacted on farm animal welfare and animal cruelty.

The first federal animal welfare statute was the Animal Welfare Act, 7 U.S.C. §§ 2131-2159, initially passed in 1966 to prevent pets from being stolen for sale to research laboratories and to improve the treatment of research animals. 

Other major federal statutes include the Animal Health and Disease Research Act, 7 U.S.C. §§ 3191-3201; Horse Protection Act, 15 U.S.C. §§ 1821-1831; Humane Slaughter Act, 7 U.S.C. §§ 1901-1906; Lacey Act, 18 U.S.C. §§ 41-47; Migratory Bird Conservation Act, 16 U.S.C. §§ 715-715s; Twenty-Eight Hour Law, 49 U.S.C. § 80502; and the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§ 1331-1340.

The Animal Welfare 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.

NALC Resource: Finance and Credit Reading Room

Posted March 3, 2014

The National Agricultural Law Center offers a wide range of resources, one of which is the Finance and Credit Reading Room available here.

Typically, farmers must borrow large amounts of capital to operate and maintain their farming operations.  As a result, federal and state statutes, regulations, case law, and lending institutions are important aspects that affect agricultural production.

Some major sources of capital for agricultural producers are commercial banks, the Farm Credit System, the Farm Service Agency, or insurance companies. 

The Finance and Credit Reading Room provides information on major statutes, relevant regulations, links to the case law index for Finance and Credit, 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.

NALC Resource: National Organic Program Reading Room

Posted February 12, 2014

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

The Organic Foods Production Act of 1990 was enacted to create “national standards governing the marketing of certain agricultural products as organically produced products,” to assure consumers that “organically produced products meet a consistent standard,” and to facilitate “interstate commerce in fresh and processed food that is organically produced.”  The Agricultural Marketing Service (AMS), an agency within USDA, published a final rule implementing the OFPA and creating the National Organic Program. 

The National Organic Program Reading Room provides information on major statutes, relevant regulations, links to the case law index for the National Organic Program, administrative law decisions, Center research publication, 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.

NALC Resource: Conservation Programs Reading Room

Posted January 24, 2014

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

The U.S. Department of Agriculture, through the Natural Resources Conservation Service (NRCS) and the Farm Service Agency (FSA), currently administers the federal conservation programs.  Conservation programs are voluntary and designed to encourage agricultural producers and landowners to undertake conservation practices on agricultural lands.  Types of conservation programs include “land retirement” and “working lands” programs. 

Major programs include the Conservation Reserve Program, Wetlands Reserve Program, Environmental Quality Incentives Program, and the Conservation Security Program. 

The Conservation Programs Reading Room provides information on major statutes, relevant regulations, a link to the Conservation Programs 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.  

NALC Resource: Disaster Assistance/Crop Insurance Reading Room

Posted January 17, 2014

The National Agricultural Law Center offers a wide range of resources, one of which is the Disaster Assistance/Crop Insurance Reading Room available here.

The federal crop insurance program is a subsidized insurance program that provides financial protection to producers against crop losses caused by natural disasters such as drought or flood.  The crop insurance program is authorized by the Federal Crop Insurance Act (FCIA) “to promote the national welfare by improving the economic stability of agriculture through a sound system of crop insurance and by providing the means for research and experience helpful in the devising and establishing such insurance.”

The Disaster Assistance/Crop Insurance Reading Room provides information on major statutes including the Federal Crop Insurance Act, 7 U.S.C. §§ 1501-1024 and Supplemental Agricultural Disaster Assistance, 7 U.S.C. § 1531.

The Reading Room also includes relevant regulations, a link to the Federal Crop Insurance Program 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.  

NACL Resource: Forestry Reading Room

Posted January 3, 2014

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

The laws relating to forestry include commercial harvesting of timber, environmental issues, international issues, recreational use, and taxation.  The Forestry Reading Room provides information on major statutes including National Forests, 16 U.S.C. §§ 471-546a-5; the Federal Water Pollution and Control Act (Clean Water Act), 33 U.S.C. §§ 12511-1387; the Endangered Species Act, 16 U.S.C. §§ 1531-1544; and many more. 

The Reading Room also includes regulations, a link to the Forestry case law index, 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.  

NALC Resource: Environmental Law Reading Room

Posted December 20, 2013

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

Environmental law is a “body of law dedicated to the protection of the natural environment.”  The reading room offers a variety of resources on the laws which have rapidly developed in recent history and cover a broad range of issues “from pesticide use to erosion control, and from water quality, quantity and use, to particulate contamination of the air we breathe.”

Included are major statutes, such as the National Environmental Policy Act of 1969, the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Federal Water Pollution and Control Act (also known as the Clean Water Act), the Federal Air Pollution and Control Act (also known as the Clean Air Act), and the Federal Insecticide Fungicide and Rodenticide Act (FIFRA).

The reading room also includes regulations, a link to the case law index on environmental law, links to administrative decisions, Center research publications, and many other publications and resources. 

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

NALC Resource: Farm Bills Database

Posted December 9, 2013

The National Agricultural Law Center offers a wide range of resources, one which is the United States Farm Bills database, available here.

This resource includes farm bills from the 2012 Senate (Agricultural Reform, Food, and Jobs Act of 2012) and House (Federal Agricultural Reform and Risk Management (FARRM) Act of 2013) bills to the Soil Conservation and Domestic Allotment Act of 1935.  Information available on bills includes a glossary, full text, and legislative history. 

Other resources on specific farm bills include research articles, congressional resources, and information from the Economic Research Service (ERS).

The database is easy to navigate, with the bills arranged chronologically from the most recent 2012 proposed bills to the earliest farm bill.  These resources are provided by the National Agricultural Law Center as a free service to the public.  

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.

NALC Resource: Crop Insurance Arbitration Guide

Posted November 8, 2013

Crop insurance policies normally require arbitration as the course of action required for a producer who wishes to challenge a claim denial.  While crop insurance is common and widely used, producers may not be familiar with the arbitration requirement or the arbitration process. 

An article, “Crop Insurance Arbitration:  What is Arbitration, When is it Required, and How Does it Work?” by Grant Ballard, attorney with the Banks Law Firm in Little Rock, Arkansas, is a helpful resource.

This article provides information on the arbitration process, the arbitration clause typically found in crop insurance policies, when arbitration is required, appeal of an arbitration award, and state law actions against insurance providers.  

NALC Resource: Center Publications

Posted November 1, 2013

Research publications are a vital part of the National Agricultural Law Center’s mission to conduct objective, timely, and non-partisan research in agricultural and food law issues and to provide that scholarship to the agricultural and food law communities.

The Center Publications resource, available here, is a user-friendly free resource provided by the National Agricultural Law Center.  Research publications are available on a wide variety of topics and are easily accessible through a topical index which is arranged alphabetically. 

This resource also includes presentations on a range of agricultural and food law issues.  Information provided in these articles and presentations is not intended as legal advice nor as a substitute for qualified legal counsel.  

NALC Resource: State Law Clearinghouse

Posted October 22, 2013

The State Law Clearinghouse, available here, is a free resource provided by the National Agricultural Law Center.  

The Clearinghouse is an ongoing project to compile all state statutes that exist in specific topics of agricultural law.  State laws may vary widely from one state to the next, even when the area of law is the same.  This resource allows a researcher to obtain targeted, state-specific information on the issue by providing a complete statutory text along with the date of possible expiration.

Statute compilations posted to date include: Agricultural liens, agritourism, alternative dispute resolution (ADR), animal cruelty, animal identification, biofuels, climate change, farm animal confinement, fence law, recreational use, and right-to-farm.

To use, simply click on a state and a drop down menu will appear with the names of the topics of the statutes that have been assembled for that state.  From there, click on the appropriate state, and a document will open with the applicable information.  If a topic is missing from a state’s drop down menu, laws on that topic have not yet been passed in that state.

NALC Resource: Biotechnology Reading Room

October 11, 2013

What is biotechnology?  A uniformly accepted definition of “biotechnology” does not exist.  In broad terms, it is the use of biological sciences to develop products, conventional plant and animal breeding techniques, conducted since the beginning of civilization.  In popular terminology, it refers to newly-developed scientific methods used to create products by altering the genetic makeup of organisms and producing unique individuals or traits not easily obtained through conventional breeding.  These are often referred to as genetically engineered, transgenic, bioengineered, or genetically modified. 

Biotechnology has been used to create many different products impacting agriculture including herbicide resistant plants, tomatoes that resist bruising, and vitamin enriched rice.  The development of this technology has presented novel legal issues as the law attempts to keep up with scientific advancement. 

The National Agricultural Law Center’s Biotechnology Reading Room, available here, has a variety of resources available including major statutes, regulations, case law, Center publications, and reports from the Congressional Research Service. 

Center Resource: Congressional Research Service Reports

Posted October 2, 2013

The National Agricultural Law Center has many resources available for research and information in the areas of agricultural and food law.  One of the resources the Center provides, is a free, user-friendly online database of agricultural and food law related Congressional Research Service Reports, available here.

The Congressional Research Service (CRS) is the public policy research arm of the U.S. Congress and solely serves Congress as a source of nonpartisan, objective analysis and research on all legislative issues.  New and updated reports will be posted as they are received.  The reports are classified into topics and sub-topics to help specifically pinpoint topics relevant to individual areas of interest.  

Recently added reports will be designated as “updated” or “new” on the main page of the database. 

For more information on CRS reports available through the National Agriculture Law Center, please visit the Center website here.