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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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More on Scare Guns and the Right-to-Farm Law
Farm scene with open fields and buildings. Image by L. Shanley This is not a substitute for legal advice. See here for the site’s reposting policy. In 2015, I wrote a post covering the town of Trempealeau, Wisconsin, scare gun ordinances, and the Klein family. That post involved a 2013 challenge to the town’s scare gun ordinance requiring anyone seeking to use a scare gun to apply for a permit from the city and meet a minimum set of conditions. In 2017, the town changed the
Paul Goeringer
Apr 13, 20214 min read
What is a Cottage Food?
Photo Credit Edwin Remsberg The article is not a substitute for legal advice. See here for the site’s reposting policy. Are you contemplating turning your crops into value-added products this season? If so, you won't be alone. According to the 2017 USDA Census of Agriculture, 506 Maryland farms produce value-added products. The laws applicable to value-added products vary depending on the food type, sales methods, and volume. This blog post, one in a series about farm-source
Sarah Everhart
Apr 6, 20214 min read
Historic Debt Relief and Other Assistance for Black Farmers and Farmers of Color
Image by Edwin Remsberg This article is not a substitute for legal advice. See here for the site’s reposting policy. UPDATE: What's New? The USDA has started sending letters to direct loan borrowers who qualify for loan payoffs. What Do You Need To Do? Triple check that the amount of the loan debt provided in the letter is correct. Remember, it's the amount of the loan as of January 1, 2021. If the amount in the letter is correct, sign and return the letter as instructed in
Nicole Cook
Mar 30, 20215 min read
Maryland Circuit Court Judge Reverses Final Maryland AFO Permit
Concrete pads on the back of poultry houses by Edwin Remsberg This is not a substitute for legal advice. See here for the site’s reposting policy. Author's note: On April 12, 2021, the Maryland Attorney General's office filed a notice of appeal with the Court of Special Appeals. I will post a new post covering the appeal once that information is available. Earlier this month, a circuit court judge in Montgomery County reversed the Maryland Department of the Environment’s (MD
Paul Goeringer
Mar 23, 20214 min read
Legalities of Direct Marketing Specialty Crops
To help farmers be better prepared to navigate the legalities of direct farm marketing, ALEI created A Legal Guide to Direct Farm Marketing
Sarah Everhart
Mar 16, 20213 min read
You Should Still be Using Best Efforts to Protect Your Farm Workers From COVID
This article is not a substitute for legal advice. See here for the site’s reposting policy. It’s been a full year since Governor Hogan...
Nicole Cook
Mar 9, 20215 min read
County Granting Special Exception for Solar Development Did Not Create a Vested Right
This is not a substitute for legal advice. See here for the site’s reposting policy. Many past readers may remember the previous...
Paul Goeringer
Mar 3, 20214 min read
2021 Adverse Effect Wage Rate - Suspensions, Injunctions, and Announcements
Today the latest Adverse Effect Wage Rate (AEWR) was published in the Federal Register. For everyone who is wondering what has been going on
Sarah Everhart
Feb 23, 20214 min read
Final Hemp Rule Published by USDA
This is not a substitute for legal advice. See here for the site’s reposting policy. Editor's note: Since publishing this article, the...
Paul Goeringer
Feb 19, 20214 min read
Settlement Approved for Claims Involving Off-Target Soybean Damage for 2015 to 2020
Soybean harvest in Caroline County MD by Chesapeake Bay Program This is not a substitute for legal advice. See here for the site’s reposting policy. In late 2020, the federal district court approved the settlement involving off-target dicamba damage to soybeans. The settlement will compensate soybean growers for yield losses from 2015 to 2020. As we will discuss, if you qualify, you need to file your claim before May 28, 2021. Dicamba Off-Target Damage Class Action Producers
Paul Goeringer
Feb 11, 20216 min read
USDA Announces Temporary Debt Relief for Farmers Amid Continued Pandemic
Photo Credit: Edwin Remsberg The article is not a substitute for legal advice. See here for the site’s reposting policy. On January 26, 2021, the United States Department of Agriculture (USDA) announced in a press release that it will temporarily suspend past-due debt collections and foreclosures for farmers borrowing under the Farm Storage Facility Loan and the Direct Farm Loan programs administered by the Farm Service Agency (FSA). This debt relief is the latest addition t
Megan Todd
Feb 2, 20212 min read
USDA Announces Additional Support Available Through CFAP
Tractor and planter by Edwin Remsberg See here for the site’s reposting policy. Please note that this additional assistance was recently put on hold by USDA pending a review by the Biden Administration. USDA will continue to accept applications during the review period. USDA recently announced additional assistance to growers impacted by disruptions due to COVID-19 through the Coronavirus Food Assistance Program (CFAP). The program will make certain contract livestock, inclu
Paul Goeringer
Jan 28, 20213 min read
Looking Back at 2020: Top Legal Developments in Agricultural Law
Image of dairy farm in Maryland by Edwin Remsberg. The article is not a substitute for legal advice. See here for the site’s reposting policy. With 2020 over and 2021 just starting, I wanted to take a minute to look back at the top legal developments impacting agriculture in 2019. A few of these legal developments may seem like repeats from my 2019 update; see here. Moving into 2021, we will see new issues emerge as continued lawsuits involving pesticides, continued implement
Paul Goeringer
Jan 19, 20215 min read
Video Now Available of the Hemp Risk Management Session
Hemp being grown at the Wye by Edwin Remsberg See here for the site’s reposting policy. This week I was apart of a virtual session for Del Ag Week/Month focused on risk management issues with hemp. The objective of the session was to dispel the economic and legal mysteries of hemp production. Producers will take away a series of budgets and contract considerations. The recording of the session is now available and included in this post. If you are interested in any other
Paul Goeringer
Jan 14, 20211 min read
Updates to the Paycheck Protection Program and COVID-19 Sick Leave
Photo Credit Edwin Remsberg The article is not a substitute for legal advice. See here for the site’s reposting policy. On December 27, 2020, President Donald Trump signed into law the Consolidated Appropriations Act, 2021 (the Act). The Act contains many topics of interest to the farm community, this post, however, will focus on the impacts to the Paycheck Protection Program (PPP) and the federally mandated sick and family medical leave. To read more about previous versions
Sarah Everhart
Jan 12, 20213 min read
Federal Estate Tax and Gift Tax Limits Announced For 2021
This is not a substitute for legal advice. See here for the site’s reposting policy. Image of equipment in field. Image by Edwin Remsberg In October 2020, the IRS announced the revised federal estate tax and gift tax limits for 2021. The federal estate tax limit will rise from $11.58 million in 2020 to $11.7 million in 2021. The federal gift tax limit will remain at $15,000 in 2021. In Maryland, state estate tax limits will stay at $5 million. Federal Estate Taxes For 2021,
Paul Goeringer
Dec 9, 20203 min read
Maryland Court of Appeals Finds Farm Manager is not a Joint Employee of Poultry Integrator
Poultry barns in Maryland. Image by Chesapeake Bay Program This is not a substitute for legal advice. See here for the site’s reposting policy. For those who remember back in 2019, I posted about a Court of Special Appeals decision which found that a poultry farm manager was a joint employee of both the poultry farm owner and the poultry company, Tyson Farms, Inc. Tyson appealed that decision to the Court of Appeals of Maryland. The Court of Appeals recently reversed that de
Paul Goeringer
Dec 8, 20204 min read
New Resource Helps Farmers with Legal Side of Direct Marketing
Legal specialists at the Agriculture Law Education Initiative (ALEI) developed the Legal Guide to Direct Farm Marketing to assist growers.
Megan Todd
Dec 1, 20203 min read
Registration for MyFaRM Classes Extended
Image is MyFaRM logo This article is not a substitute for legal advice. See here for the site’s reposting policy. December 8th is the new kickoff date for the new MyFaRM initiative. “MyFaRM” stands for Mastering Farm Risk Management. The MyFaRM program is free, and offers a series of classes covering all aspects of farm risk management, plus so much more! The MyFaRM program is an incredible opportunity for farmers on the Lower Eastern Shore to get comprehensive information a
Nicole Cook
Nov 24, 20202 min read
Being Proactive In Your Operation Can Help Prevent Lawsuits
Understand potential ways to possibly manage legal risks in your operation.
Paul Goeringer
Nov 17, 20203 min read
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