News & Analysis as of

Farms

Using the Right Entity is Key to Successful Agribusiness

by Ruder Ware on

Are you using the right business entity for your farm or other agribusiness? I have worked with too many clients who have paid additional tax dollars or have been unable to achieve their succession planning goals due to their...more

Who gets the money when crops are sold? The answer is not as straight forward as you may think

by Hellmuth & Johnson PLLC on

With three straight years of depressed economic conditions in the agricultural marketplace, many farmers are really feeling the strain. When farmers feel the strain for long periods of time, eventually their bank, their...more

New EPA air emissions reporting requirements start Nov. 15

by Varnum LLP on

Beginning Nov. 15, many livestock farms releasing hazardous substances to the air from animal waste are required to begin reporting air emissions. In 2008, the EPA finalized a rule exempting almost all livestock farms from...more

Amendments to Chapter 12 make it easier for a family farmer to reorganize

by Thompson Coburn LLP on

In a rare bipartisan moment, Congress overwhelmingly passed and the President signed into law on October 25 the Family Farmer Bankruptcy Clarification Act of 2017. This legislation makes it easier for family farmers to...more

Food & Beverage Litigation Update | November 2017

NOSB Votes to Continue Allowing Hydroponics - The National Organic Standards Board (NOSB) has reportedly voted to continue allowing food grown in water-based nutrient solutions to be labeled “organic,” rejecting a...more

Client Alert: CAFOs: Protect Against Future Liability; Make Continuous Release Report on November 15

On November 15, the ruling of the U.S. Court of Appeals for the D.C. Circuit that invalidated the U.S. EPA’s rule exempting hog, chicken, dairy cow and other concentrated animal feeding operations (CAFOs) from reporting air...more

How commodities haulers can keep on truckin’ through the agricultural downturn

by Hellmuth & Johnson PLLC on

With three straight years of depressed economic conditions in the agricultural marketplace, many farmers are really feeling the strain. When farmers feel the strain for long periods of time, eventually their service providers...more

Food & Beverage Litigation Update | October 2017 #4

by Shook, Hardy & Bacon L.L.P. on

Furans in Baby Food May Pose Health Risk, EFSA Reports - The European Food Safety Authority (EFSA) has issued an assessment of the risks of furans and related compounds 2- and 3-methylfurans, concluding that they pose a...more

Bankruptcy Court Holds That “Economic Waste” Doctrine, As Adopted In Wisconsin, Prevented Owner From Recovering Costs To Repair...

by Pepper Hamilton LLP on

WTE-S&S AG Enters., LLC v. GHD, Inc., 2017 Bankr. LEXIS 2343 (Bankr. N. D. Ill. August 18, 2017) - This breach of contract dispute arises out of a contract to design and build a cow-manure digester on a farm in Wisconsin. ...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

A federal jury in Brooklyn has found former HSBC Holdings exec Mark Johnson guilty on 9 counts of front-running that grew out of the DOJ’s investigation into forex manipulation at HSBC....more

The Governor’s Housing Package - Affordable Housing Production in California Gets a Boost from Sacramento

by Best Best & Krieger LLP on

A package of 15 new housing bills will have far-reaching implications for every city in California. Collectively, these new laws are meant to significantly boost affordable housing production by removing local land use...more

Majority in favour of improving fairness in EU food supply chain

by Hogan Lovells on

Initial responses to the European Commission’s public consultation on how to make the EU food supply chain fairer suggest that, bar retailers, the majority of significant stakeholders (including Member States, farmer groups,...more

5 New Laws: California Governor Approves Employee-Friendly Laws

The 2017 California Legislature adjourned on September 15, 2017, and resulted in more than 700 bills being sent to Governor Jerry Brown’s desk for approval. Although the deadline for the Governor to sign new bills into law...more

Improvements To Housing Of Farm Animals Must Be Science-Based, Sustainable, And Performed In A Cost-Effective Manner

by Fox Rothschild LLP on

On October 12, 2017 Nestlé USA announced that by 2024 they would “strive to source all of the broiler chickens we use as ingredients for our U.S. food portfolio from sources meeting a higher standard of animal welfare,...more

Food, Dietary Supplement & Cosmetics Update | Vol. IV, Issue 6

by Jones Day on

TOP NEWS - FDA Proposes New Compliance Dates for the Water Provisions of the Produce Safety Final Rule - On September 13, 2017, the Food and Drug Administration issued a proposed rule to extend, for covered produce...more

Tax Law Uncertainty Should Not Delay Farming Business Succession Planning

by Downey Brand LLP on

President Trump promised and will pursue tax reform, but Congress must agree to any proposal. For the most part, a majority vote in both houses would allow tax reform for about a decade, and at least sixty Senate votes would...more

Navigating Florida Property Coverage Waters After Hurricane Irma

by Carlton Fields on

As the waters recede from Hurricane Irma, there are many issues for property insurers to consider as they adjust claims in Florida, including unique issues raised by assignment of benefits, Florida law on concurrent...more

Adjusting Claims in Florida Following Hurricane Irma

by Carlton Fields on

As the waters recede from Hurricane Irma, property insurers have many issues to consider as they adjust claims in Florida. This alert discusses a few of those issues. Claims Reporting - The Florida Office of Insurance...more

Food & Beverage Litigation Update | September 2017 #3

FDA Announces Final FSMA Produce Safety Rule - The U.S. Food and Drug Administration (FDA) has announced that the produce safety rule of the Food Safety and Modernization Act of 2010 (FSMA) is now final, establishing...more

South Carolina Conservation Easements for Farm and Forestry Property

by McNair Law Firm, P.A. on

There are 12.9 million acres of commercial forestland in South Carolina. More than half of the forestland is family-owned, and 82% of private owners live on the land. The state also has about 25,000 farms, which encompass 4.9...more

ECJ sides with farmers on genetically modified crops

by Hogan Lovells on

The European Court of Justice has held that Member States may not adopt emergency measures prohibiting genetically modified food and feed (GMOs) unless there is clear evidence that a particular GMO presents a serious risk to...more

National Milk Producers Federation Working to Improve Labor Challenges

by Varnum LLP on

USAgNet.com recently reported that National Milk Producers Federation (NMPF) President and CEO Jim Mulhern praised the work of Rep. Dan Newhouse (R-WA) for offering an amendment to the U.S. Department of Homeland Security’s...more

California Environmental Law and Policy Update - August 2017 #3

by Allen Matkins on

Environmental and Policy Focus - California attorney general sues EPA over records on administrator - Washington Post - Aug 11 - California’s Attorney General Xavier Becerra sued the U.S. Environmental Protection...more

New Cases Provide Mixed Messages to Conservation Easement Donors

Fifth Circuit encourages flexibility for conservation easement deductions in Bosque Mountain Ranch, while Tax Court makes it difficult for farmers in Rutkoske. Two important conservation easement opinions were handed down...more

Food & Beverage Litigation Update | August 2017

Sen. Charles Schumer (D-N.Y.) has sent a letter to Scott Gottlieb, commissioner of the U.S. Food and Drug Administration (FDA), calling for an investigation into the use of phthalates in food and fast-food packaging. Citing a...more

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