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Note: This website is intended to provide general information about legal issues, crop insurance, farm policy, and other risk management issues and should not be construed as providing legal advice. It should not be cited or relied upon as legal authority. For advice about how the issues discussed here might apply to your individual situation, you should consult an attorney.
Welcome to the Maryland Risk Management Education Blog, provided by the University of Maryland Department of Agricultural and Resource Economics. This blog provides readers with information on risk management issues important to Maryland agriculture, upcoming events, and new materials that may interest readers.
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Avoiding a Forced Farm Sale
Photo Credit Edwin Remsberg The article is not a substitute for legal advice. See here for the site’s reposting policy. Recently I got a call from a farmer who owns a farm with a sibling and the sibling had filed a legal proceeding to force a sale of the farm. The farmer was understandably upset and confused as to how a farm he co-owned could be sold without his permission. Adding to the confusion was the legal terminology used to describe the relief sought - "a sale in lieu
Sarah Everhart
Mar 22, 20223 min read
Proposed Maryland Legislation Would Regulate Delta-8 Products
Image of hemp growing in a field by UK College of Agriculture, Food & Environment The article is not a substitute for legal advice. See here for the site’s reposting policy. Maryland is one of many states currently looking at regulating products containing delta-8 tetrahydrocannabinol (THC). This cannabinoid is one of over 100 cannabinoids found in the cannabis plant. Before the General Assembly, Senate Bill 788 (SB0788) would move products containing delta-8 to mirror exi
Paul Goeringer
Mar 9, 20223 min read
UME Family Communications and Estate Planning Webinar To Be Held Mar. 17
Two people talking at a table. Image by Edwin Remsberg See here for the site’s reposting policy. College Park, Md. -- Estate planning for farms is a difficult subject to navigate -- families must create a plan of succession for the business, understand the legalities of property inheritance, all while dealing with the emotional toll of having difficult conversations with their loved ones. University of Maryland Extension specialists have joined forces to create a workshop th
Paul Goeringer
Mar 8, 20222 min read
Prepare for Spring Planting, Attend Upcoming Soil Amendments Workshop
The Maryland Food Safety Network is hosting a single-day Soil Amendments Workshop for best practices for using BSAAOs.
Sarah Everhart
Mar 1, 20222 min read
Get A Handle On Farm Taxes At UMES Extension and ALEI’s Ag Tax Workshop
Photo by Edwin Remsberg This article is not a substitute for legal advice. See here for the site’s reposting policy. Want to better understand agricultural tax issues associated with managing a farm operation? Consider attending UMES Extension’s upcoming Agribusiness and Tax Considerations Workshop. UMES Extension and ALEI are presenting this in-person workshop March 3-4 to help farmers better understand agricultural tax issues associated with managing a farming operation wh
Nicole Cook
Feb 22, 20221 min read
When Estate Planning Goes Wrong: Why Might a Receivership Be Required?
Combine Harvesting in Nebraska by Tim Vrtiska The article is not a substitute for legal advice. See here for the site’s reposting policy. Today I want to highlight what can go wrong when an estate plan is not adequately developed. Unfortunately, the process of developing an estate plan that works for the family often requires that family members communicate freely on goals and other sensitive topics. At times disputes might arise, especially when we see property
Paul Goeringer
Feb 15, 20223 min read
Tell Us What You Think About Worker Training and Food Safety
Photo Credit Edwin Remsberg This article is not a substitute for legal advice. See here for the site’s reposting policy. This time of year the ALEI legal specialists and our colleagues from the University of Maryland Extension are busy both providing education and seeking input from our farmer stakeholders about future educational resources. This post will feature two surveys currently being circulated to the farm community to garner information and feedback on farmworker tr
Sarah Everhart
Feb 8, 20222 min read
CATCH THESE INFORMATIVE ONLINE EVENTS FROM THE WHITE HOUSE AND THE USDA
Getty Images/Deagreez This article is not a substitute for legal advice. See here for the site’s reposting policy. It’s February. It’s cold, dark and snowy. What better time to curl up in front of your computer and learn more about resources that might help you find funding to protect your forested land, help you grow your farm market, help bring broadband to your rural community and to your farm business, or help you learn more about technological innovations in climate mi
Nicole Cook
Feb 1, 20222 min read
Sequestering Carbon: What To Think About With Carbon Contracts
Cover crop planting on the Eastern Shore by Edwin Remsberg The article is not a substitute for legal advice. See here for the site’s reposting policy. Carbon contracts are becoming a topic again for many agricultural producers around the country. As we will discuss, there are several legal considerations when deciding if such an agreement fits your needs. At the same time, please keep in mind that this is a developing area with several unknowns regarding how th
Paul Goeringer
Jan 25, 20224 min read
Sign Up for Farmers Market Manager & Vendor Workshops
Separate sessions will be offered for market managers and for farmer vendors, to provide best practices in food safety and in marketing.
Sarah Everhart
Jan 18, 20222 min read
FDA PROPOSES CHANGES TO PRODUCE SAFETY RULE AGRICULTURAL WATER REQUIREMENTS
Image Description Image by Edwin Remsberg. A vibrant assortment of colorful peppers and fresh okra displayed in baskets at a farmers' market. This article is not a substitute for legal advice. See here for the site’s reposting policy. On December 6, 2021, the Food & Drug Administration (FDA) published a new proposed rule that revises the pre-harvest agricultural water requirements for covered produce (other than sprouts) (Subpart E of the Produce Safety Rule (PSR)). This is
Nicole Cook
Jan 11, 20225 min read
North Carolina Court Rejects Challenges to Changes Made to State Right-to-Farm Law
Image of piglets in hog operation by United Soybean Board The article is not a substitute for legal advice. See here for the site’s reposting policy. The end of 2021 saw development on the right-to-farm law front. The Court of Appeals of North Carolina recently rejected arguments that amendments to the state’s right-to-farm law were facially unconstitutional. To the court, the law was not unconstitutional on its face. The decision is in Rural Empowerment Assn. for Communit
Paul Goeringer
Jan 6, 20224 min read
New Publication Release Related to Crisis Management and Hiring Employees
Two people talking at a table. Image by Edwin Remsberg See here for the site’s reposting policy. A new publication from the University of Maryland can assist in understanding crisis management issues and strategies to make sure agricultural operators understand how to hire new employees properly. Developing Proactive Legal Strategies for Handling Protesters and Hiring Employees to Limit Legal Issues on Your Farm provides a starting point for those feeling overwhelmed with t
Paul Goeringer
Jan 5, 20221 min read
Looking Back at 2021: Top Legal Developments in Agricultural Law
Tractor with baler in Harford County by Thomas Cizauskas The article is not a substitute for legal advice. See here for the site’s reposting policy. With 2021 over and 2022 about to begin, I want to take a minute to look back at the top legal developments impacting agriculture in 2021. A few of these legal developments may seem like repeats from my 2020 update; see here. Moving into 2022, we will likely see new issues emerge, however, as lawsuits continue agains
Paul Goeringer
Jan 4, 20223 min read
Interested in H-2A Farmworkers? Time to Get Started
Photo Credit Edwin Remsberg This is not a substitute for legal advice. See here for the site’s reposting policy. As it becomes increasingly difficult to find domestic farm labor, many farm employers are considering whether foreign workers, able to temporarily work in the United States via an H-2A visa, are the solution. Although popular, the H-2A visa program can be difficult for employers to navigate. Given the need for foreign farm labor and the problems with the H-2A vis
Sarah Everhart
Dec 14, 20213 min read
USDA Announces $75 Million to Fund Technical Assistance Programs for Underserved Producers
Image by Edwin Remsberg This article is not a substitute for legal advice. See here for the site’s reposting policy. The USDA announced on November 24, 2021, that it will provide $75 million in American Rescue Plan funding to 20 organizations to provide technical assistance and help connect underserved producers with USDA programs and services. USDA said that the organizations were selected for their proven track records working with underserved producer communities, includi
Nicole Cook
Dec 7, 20212 min read
Federal Estate Tax and Gift Tax Limits Announced For 2022
Tractor in field by Edwin Remsberg This is not a substitute for legal advice. See here for the site’s reposting policy. In November 2021, the IRS announced the revised federal estate tax and gift tax limits for 2022. The federal estate tax limit will rise from $11.7 million in 2021 to $12.06 million in 2022. The federal gift tax limit will jump from $15,000 in 2021 (in effect since 2018), to $16,000 in 2022. In Maryland, state estate tax limits will stay at $5 m
Paul Goeringer
Nov 30, 20213 min read
Refresher on Right-to-Farm Laws: What Do They Do
Planting cover crops image by Edwin Remsberg This is not a substitute for legal advice. See here for the site’s reposting policy. I often get asked questions about right-to-farm laws and how these laws operate. All 50 states have a version of a right-to-farm law that provides a defense against a nuisance action brought against an agricultural operation. The agricultural operation would need to meet the statutory requirements in the law to utilize the defense.
Paul Goeringer
Nov 9, 20212 min read
COVID-19, the Produce Safety Rule, and Records for Qualified Exempt Growers
Photo Credit Edwin Remsberg This is not a substitute for legal advice. See here for the site’s reposting policy. On May 22, 2020, the U.S. Food and Drug Administration (FDA) announced flexibility in the eligibility criteria for the qualified exemption from the Food Safety Modernization Act (FSMA) Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption (Produce Safety Rule) due to disruptions to the supply chain for the duration of the COV
Sarah Everhart
Nov 2, 20213 min read
Negligent Entrustment Liability for Farm Employers
Image by Edwin Remsberg This article is not a substitute for legal advice. See here for the site’s reposting policy. It’s that time of year when we are sharing the road with harvesters. Hopefully everyone is being careful out there. I was recently asked about an employer’s liability if one of their farm workers causes an accident while driving a piece of farm equipment, and that made me think this might be a good time to talk about “negligent entrustment.” Employers can be
Nicole Cook
Oct 26, 20213 min read
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