General Business Agriculture

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Drone Bill Passes Legislature, Heads to Governor

Unmanned aircraft systems - or drones, as they are commonly referred to - have become a hot topic from celebrities to farmers. Recently, AB-1327, a bill, focused on prohibiting certain actions relating to unmanned aircraft...more

Sixth Circuit rules cows can be leased

Can you really lease a cow? - According to the Sixth Circuit, the answer is “yes.” Dairy cattle leasing is an increasingly popular method for producers to add to their herds while conserving capital for other purposes....more

ArbitrationNation’s Third Anniversary Threesome

After 155 posts, can there possibly be more to say? Yes, indeed. Three new opinions from federal courts of appeals demonstrate how new issues keep “cropping” up in arbitration law each week....more

Enhancements to Florida's Solicitation of Funds Law Now Effective

In response to the Tampa Bay Times investigative story, "America's Worst Charities," Florida’s Commissioner of Agriculture Adam Putnam worked with the Florida Legislature to enact material enhancements to Florida's...more

Does Your Alberta-related Deal Trigger Foreign Ownership of Land Regulations?

There is no doubt that the Agricultural and Recreational Land Ownership Act and Foreign Ownership of Land Regulations are a mouthful, but they may not always be top of mind when considering buying or leasing land in Alberta,...more

Of Characterization and Common Sense: Court Holds That Erroneous Interpretation of Allegations of Complaint Doom Counterclaim to...

In In Re Processed Egg Products Antitrust Litigation, No. 2:08-Md.-02002-GP (E.D. Pa., June 10, 2014), the plaintiffs alleged that they purchased eggs from the defendant egg producing cooperatives, and that the plaintiffs had...more

North Carolina Legislative Report

The General Assembly’s Short Session began on Wednesday, May 14, 2014. The MVA Public Affairs Legislative Report on North Carolina will be distributed weekly to keep you up to date on the latest legislative issues facing the...more

Milk Processors Soured After Federal District Court Rules They Must Face Monopsonization Claims at Trial

Nearly five years into a wide-ranging monopsonization suit accusing milk processors of conspiring to depress and fix the prices paid to independent and cooperative milk suppliers, Judge Christina Reiss of the District of...more

Bowman v Monsanto in an Australian context

Most will be aware by now of the recent US Supreme Court decision, Bowman v Monsanto Co.,569 US (2013). One question that remains is what would have been the outcome if like facts had arisen in Australia and were considered...more

U.S. Labor Law and Child Labor in Corporate Supply Chains

Human Rights Watch‘s recent report, Tobacco’s Hidden Children – Hazardous Child Labor in United States Tobacco Farming, seeks to draw attention to the presence of child labor on American tobacco farms and to the significant...more

FDA Draws Criticism With Proposed FSMA Animal Feed Rule And Breweries

FDA's chief food safety inspector, Michael Taylor, recently stated that the agency has "no intention" of preventing breweries from giving spent beer grains to farmers for cattle feed. The FDA's proposed rule would have...more

Combined “Prevention of Shipment” clause replaces Prohibition, Force Majeure and Strikes clauses in standard grain trading...

The Grain and Feed Trade Association ("GAFTA") contracts have traditionally dealt with the consequence of Prohibition, Force Majeure and Strikes by way of independent stand-alone clauses. As of 1 June 2014, a single...more

The Grapes of Wrath Part II - A Return to Horne

In June of last year, the U.S. Supreme Court issued a unanimous opinion in Horne v. Department of Agriculture holding that California raisin handlers could assert a takings claim as an affirmative defense to an enforcement...more

Tax And Business Planning For Farmers To Avoid Higher Taxes And Loss Of Subsidies

The Agricultural Act of 2014 (aka - the 2014 Farm Bill) has been controversial, to say the least. Among its many changes are an $8 billion cut to the “food stamp” program. The Farm Bill also drastically modifies or ends...more

D.C. Circuit To Consider Requirements For Compelled Disclosures

The D.C. Circuit will rehear American Meat Institute v. U.S. Department of Agriculture en banc later this month. This case presents a First Amendment challenge to a rule requiring that meat products be labeled with precise...more

Barnhardt Manufacturing Earns USDA Biobased Product Certification Label

On April 11, 2014, Barnhardt Manufacturing Company (Barnhardt) announced that its HyDri™ Cotton product has earned a U.S. Department of Agriculture (USDA) Certified Biobased Product label under the Department's BioPreferred...more

Real OFAC Policy Changes Toward Iran—OFAC will consider non Ag/Med exports

As a new round of nuclear talks involving American, European, and Iranian leaders commence this week in Vienna it appears that the first-step deal agreed upon in January has already led to significant changes in OFAC’ s...more

Legislative Update Report No. 2014-06 - Mar 31, 2014

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon....more

Foreign Private Investment in Russia? “Nyet!” In Ukraine? “Da!”

The recent developments in Ukraine and Russia’s annexation of Crimea are not only politically significant, but have a real potential to alter global trading relationships for years to come. As events continue to unfold in...more

Agribusiness Alert: The Year in Review: 3 Growing Legal Developments in Agricultural Finance

This Ag Alert identifies three growing legal developments in agricultural finance that emerged in 2013 and what to expect and be aware of in 2014....more

Protecting The Nation’s Food Supply From Terrorist Attacks: FDA Proposes New Rule

In This Issue: - What Is Required - Exemptions - For More Information - Excerpt from What Is Required: Every facility not exempted from this proposed rule must prepare and implement a Food Defense...more

GST: Changes For Going Concern And Farm Land Sales

GST: GOVERNMENT ANNOUNCES "REVERSE CHARGE" RULES FOR THE SALE OF BUSINESSES AND FARM LAND - The GST Act presently provides an exemption for the sale of a "going concern" or for the sale of "farm land". Where the...more

Wisconsin Appellate Court Holds Manure Not a Pollutant

In its recent decision in Wilson Mutual Ins. Co. v. Falk, 2013 Wisc. App. LEXIS 1031 (Wis. App. Dec. 11, 2013), the Court of Appeals for Wisconsin had occasion to consider whether cow manure generated at a dairy farm...more

Oregon Court Limits Agri-tourism at Farm Stands

A land use decision by the Oregon Court of Appeals could impact farm marketing activities across the state, imposing new permitting requirements and forcing changes to business operations. The case, Greenfield v....more

McAfee & Taft AgLINC - Fall 2013: More than just a handshake - Due diligence, purchase contract required for real estate purchases

In western Oklahoma, where this author was born and raised, a handshake is often all that takes place to solidify a deal for the sale or purchase of a piece of land. The need for a purchase contract or anything other than a...more

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