What is Agriculture Law?
Agriculture law is a broad, diverse practice area that deals with numerous legal issues related to the agricultural and food industries. At its core, agriculture law governs everything from the right of a landowner to cultivate a certain crop to the actual food safety of a given product once it’s on a store shelf. Given that the agriculture industry affects every single person in this country, nearly every facet of our law serves some purpose in protecting the industry.
Specific areas of agriculture law relate to:
Land use
The most obvious benefit that farmers and other landowners will get from an agriculture law firm will be guidance on land use in Ohio. Laws govern everything from building and construction of facilities, to natural resources, to ensuring compatibility with neighboring farms and public lands.
Environmental regulations
Given the largely rural nature of farming in Ohio, many farmers may not understand how environmental laws affect farms. Nearly everything related to farming can have some sort of effect on the environment, and because of that, there are a variety of laws that must be followed regarding everything from fertilizers to air emissions that might take place on the farm .
Labor laws
Many agriculture businesses exist in the "grey area" when it comes to federal labor laws because they offer housing and transportation for workers, which might keep them in compliance with a wide range of labor laws. But for a number of reasons, many labor laws do not apply to farms – owners should research carefully to determine applicable laws.
Trade policies
Whether it’s an emerging trade deal or an existing policy that could affect the imports and exports of various products, it’s very important that agriculture law firms stay up-to-date on new developments in trade policy. Laws that affect imports and exports can have vast effects on farming, such as if a specific product receives a fee increase.
Agriculture law is a large practice area that has numerous applications for virtually all farms. Finding a firm that stays up-to-date on new rulings and laws is a great way to make sure you can tackle every issue that crosses your path.
Services Provided by Agriculture Law Firms
Key Services Offered by Agriculture Law Firms in the US
Contract drafting and negotiation: Agriculture law firms often assist clients in negotiating and drafting contracts with various parties, including suppliers, vendors, buyers, landowners, laborers, and lenders. These contracts can cover a range of topics, such as lease agreements, purchase agreements, labor contracts, and loan agreements.
Litigation and dispute resolution: When disputes arise between parties involved in the agricultural industry, experienced agriculture litigation attorneys can help resolve the issues in a timely and efficient manner. Whether dealing with a breach of contract, intellectual property dispute, real estate closing, land use or zoning challenge, land conservation, or even negligence, an experienced attorney can help minimize the loss to a farmer or rancher.
Regulatory compliance: Farmers and ranchers in the United States must comply with a wide range of federal, state, and local regulations. Experienced agriculture law firms can advise on compliance with environmental regulations, labor laws, land use and zoning issues, and other legal matters that affect farming operations.
Real estate transactions: Owners of agricultural land, whether it be a purchase, sale, or lease, can benefit from an agriculture law firm’s services in developing or reviewing purchase agreements, financing agreements, lease assent or termination, and property sales and purchases.
Business advice and planning: The landscape of agriculture and rural communities is constantly changing. A specialist, knowledgeable firm can help by providing advice on business structure, financing and succession planning strategy, compliance, government assistance programs, and land and business acquisitions.
Mergers and acquisitions: When businesses are purchased or sold in the agriculture industry, there is often the potential for business restructuring through mergers and acquisitions. Agriculture law firms can help facilitate these transactions and ensure a proper sales structure and execution strategy to result in the best outcome for all parties involved.
Intellectual property management: As with every other industry, agriculture law firms can help businesses protect their intellectual property, which can include patents, trademarks, copyrights, and trade secrets. They can also assist businesses in the development, ownership transfer, registration, and enforcement of intellectual property assets.
Why You Need a Lawyer with Expertise in Agriculture
Each area of the law has its own language, customs and traditions. To effectuate this specific purpose, certain areas of practice call for specialized skills and knowledge. With agriculture law, industry terms and practices are as unique as the individuals who work in them.
When you hire a lawyer, you want someone who is intimately familiar with the type of work your business does. In the case of an agriculture law attorney, they may not only represent a variety of businesses, but also be involved within the industry themselves. Even if they are not, they are likely to be familiar with the sciences and industry practices. The most valuable asset an agriculture law attorney brings to the table is an understanding of the industry at large.
When hiring an attorney, it is advisable to ask the following questions:
•What types of clients do you represent?
•Have you represented clients that are similar to my business? If so, what was the result?
•How long have you been practicing law?
•Do you have experience in other areas related to your industry? Are you a member of an industry organization, such as the American Agricultural Law Association, the Texas Cattleman’s Association, or the National Association of Federal Credit Unions?
•Do you have any experience as a farmer or other agriculture related position?
•Can I get a copy of your resume?
•Do you have any other degrees or designations outside of law school that pertain to my business?
•Are you involved in any agriculture related boards, panels, or committees?
•How many agricultural law cases have you handled during the past year?
•How many of those cases were from businesses like mine?
•What is your success rate for the type of cases that I need help with?
•What is your fee structure?
How to Select an Agriculture Law Firm
When it comes to the law firm that you will choose to represent you and your farming business, there are several criteria you must consider before signing a representation agreement.
Experience: One of the first things you should consider when choosing an agriculture lawyer should be their experience in the field. You want someone who has experience with the specific type of legal issue you need help with. Agricultural law is a specific field of law that requires extensive study and practice in the fields of land use, water rights, intellectual property, environmental, estate planning, taxation, employment, corporate and contract law. Additionally, attorneys who focus on a specific area of law provide value to clients by leveraging their knowledge and relationships developed over years of practice.
Reputation: Visit each attorney’s website to review their experience and contact information. Look at reviews or testimonials of previous clients to help you gauge their overall reputation and ensure you are making the right choice for your needs .
Knowledge of Local and State Laws: California has some of the most extensive and sometimes confusing regulations. The attorney you choose should have extensive knowledge of California’s agricultural laws and have strong contacts with local agencies, including:
• California Department of Food and Agriculture (CDFA)
• California Department of Pesticide Regulation (DPR)
• California Department of Fish and Wildlife
• Animal Health and Food Safety Services
• State Water Resources Control Board (SWRCB)
• Regional Water Quality Control Boards (RWQCB)
• California Department of Water Resources (DWR)
• Animal Care Program
• Product Safety and Emergency Services Program
• Specialty Crop Block Grant Program
• Center for Analytical Chemistry
• California Border Protection Stations
Client Testimonials: Ask the attorney for advice on a specific issue to get a sense of how responsive they are. A good agriculture lawyer should answer promptly and with the level of competence you require.
Some Examples of Important Issues in Agriculture Law
Consider a client who faced a protracted boundary dispute with a neighbor. The agricultural client had a longstanding history of farming the land after acquiring it from a relative. The neighbor had recently purchased an adjacent parcel and demanded that the client remove structures that it had long used and claimed ownership over. After months of unsuccessful mediation with the neighbor, the agricultural law firm stepped in to assess the situation. Thorough review of the parcel map and adjacent property records revealed a prescriptive easement that granted the agricultural client access and use of the disputed structures. Through negotiations, the agricultural law firm was able to bring about a settlement with the neighbor, allowing the client to continue using the property as it had in the past. Another real-world example saw a grain export company in trouble due to a sudden shift in USDA export regulations, which threatened to impede their ability to ship grain abroad. Unable to comply with the new designation requirements, the client faced possible losses that could run into the millions. The agriculture law firm was able to successfully prevent regulatory action against its client, with a clear understanding of the grain export process and the regulatory requirements for that industry. In the end, the agriculture law firm helped the client bring its shipping process into compliance with the new requirements and meet its shipping obligations on time. In a final example, a small family farm found itself at the center of an environmental assessment due to previous environmental conduct. Through the legal knowledge and understanding of agricultural law, the firm was able to alert the local authorities as to the situation, which enabled the client to correct the conduct without facing legal and regulatory action. The client was also able to avoid incurring the significant costs associated with the environmental assessment, thanks to the help of the agriculture law firm.
Looking Ahead: The Future of Agriculture Law
As we look to the future, it is clear that sustainability will remain at the forefront of agricultural law. The push for sustainable practices is being driven by increasing public awareness of climate change, consumer demand for organic and locally-sourced food, and regulatory initiatives aimed at reducing the food system’s environmental footprint. Farmers may face potential legal challenges as they work to reduce greenhouse gas emissions, conserve water and soil, and address animal welfare concerns. Additionally, there may be changes to land use and zoning regulations as more farming operations are located in areas traditionally used for other purposes.
Technological integration is another area to watch in the near future. The application of machine learning, big data, the Internet of Things (IoT) , and other technologies will have a profound impact on agriculture law. For example, drones can be used for crop monitoring and spraying, while IoT devices can provide real-time data on soil moisture and temperature. These technologies raise legal questions surrounding liability, data ownership and privacy, and intellectual property.
Changes in trade law will also be pivotal in shaping the future of agriculture. Both the North American Free Trade Agreement (NAFTA) and the United States-Mexico-Canada Agreement (USMCA) are set to impact agricultural trade with our two largest export markets, Canada and Mexico. Additionally, the recently negotiated United States-Japan Trade Agreement could have implications for U.S. agricultural exports to Japan. Finally, legal issues surrounding hemp production will be an emerging area of agriculture law with the passage of the 2018 Farm Bill.