Recently the Farmers’ Rights Act (SB 761) was reintroduced in the Maryland state senate. Last year, I provided an overview of this legislation, and much of what I wrote then still applies to the reintroduced legislation. As I wrote last year, this legislation could impact Maryland agriculture if enacted, changing how livestock production contracts are handled in the state. To view last year’s post, see Let's Look at the Farmers’ Rights Act.Read More
Hogan Introduces Phosphorus Initiative. On February 23, 2015 Governor Hogan introduced his 2015 Phosphorus Initiative. The Phosphorus Initiative uses the November 2014 PMT proposal as a starting point and makes four changes to the regulations. The proposal shifts the seven-year implementation schedule to one year later, effective 2016, with full implementation in 2022. The Governor has also promised to evaluate key elements that need to be in place, including: markets to relocate additional amounts of manure; adequate infrastructure to handle and transport manure; and alternative uses and new technologies to begin to provide new outlets and markets for animal manures. Upon adoption of the regulations, fields with a soil Fertility Index Value(FIV) of 500 or greater will be banned from receiving additional phosphorus until the PMT is fully implemented, currently scheduled for 2022. The Phosphorus Initiative also includes more research into soil quality and on-farm economics. http://mda.maryland.gov/Pages/PMT.aspx
House Bill Seeks To Repeal Sales & Use Tax Exemption for Farmers. House Bill 928, introduced by Del. Jay Walker and scheduled for a hearing on March 3rd seeks to repeal the sales and use tax exemption that exists in current law for the purchase of inputs for farm operations. If passed the bill would require farmers to pay sales tax on items such as livestock, feed, seed, fuel, equipment, vehicles, etc. The current exemption is in place because farmers like other businesses that build or manufacture a product for consumer consumption, have always been exempt from taxation during the input and production process.
Farmers Rights Act. The Maryland General Assembly is currently considering legislation that could change livestock production contracts are developed in Maryland. We published a current review of the legislation http://www.aglaw.umd.edu/blog/lets-look-at-the-farmers-rights-act. Take a moment to review the law and determine how it could impact your operation if you are utilizing production contracts.
New ALEI Education Videos Now Available. The ALEI website (umaglaw.org) now has a videos page with some helpful legal education videos on topics such as leasing, contracting, regulations and Beware of Dog sign. Check out these valuable resources and keep an eye out for future videos.
This post should not constitute legal advice or lobbying for or against this piece of legislation. The purpose of this post is to review the possible implications of proposed legislation.
Recently, the Maryland General Assembly’s House of Delegates and Senate both introduced legislation entitled Farmers’ Rights Act (HB 1019 & SB 532). If enacted,how would the legislation potentially impact Maryland agriculture? Let’s take a look at it today and see.
The Farmers’ Rights Act (the Act) would require the use of a regulated livestock production contract in agriculture. A livestock production contract, for those unfamiliar with the term, is when a producer agrees to feed and care for livestock owned by a contractor in return for money. The Act is similar to one enacted in Minnesota in 1999 and a proposed model law called the “Producer Protection Act” (PPA) which captured features of Minnesota’s law and other states’ laws regulating production contracts.Read More