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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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Expanded Federal Protection Allows Farmers To Donate Food Directly To People In Need
Image by Edwin Remsberg This article is not a substitute for legal advice. See here for the site’s reposting policy. On January 5, 2023, President Biden signed into law the Food Donation Improvement Act (FDIA). While farmers and gleaners have been protected from civil and criminal liability since 1996 under the Bill Emerson Good Samaritan Food Donation Act (the Emerson Act) when they donate food to nonprofits who then distribute the food to people who are in need, they were
Nicole Cook
Aug 1, 20234 min read
New Extension Program: Frederick County Grain Marketing Meeting
Image of combine dumping soybeans into grain cart pulled by tractor at sunset Image is by Steven Baird See here for the site’s reposting policy. The University of Maryland Extension Frederick County will now host a bi-weeky (every-other) meeting to discuss current topics in commodity grain markets for producers looking to improve their grain marketing strategy and stay informed about current market conditions. The meeting is intended to be an open, informal discussion rather
Press Release
Jul 25, 20232 min read
Talbot County Circuit Court Holds Right-to-Farm Law Did Apply to Agriculture Operation
Tractor pulling disc and tilling farmland in Red River Basin by USDA The article is not a substitute for legal advice. See here for the site’s reposting policy. Often, I rarely get to focus on a right-farm law decision in Maryland. Because the state’s right-to-farm law directs disputes into mediation, we often do not get decisions involving the law. Recently, a Talbot County Circuit Court judge reviewed the decision of the county agricultural resolution board involving a
Paul Goeringer
Jul 18, 20233 min read
Update: USDA Accepting Applications for Farm Borrowers Who Experienced Discrimination
Photo by Edwin Remsberg This article is not a substitute for legal advice. See here for the site’s reposting policy. On July 7, 2023, the USDA announced that it is now accepting applications from eligible farmers, ranchers, and forest landowners who experienced discrimination by the USDA in USDA farm lending programs prior to January 2021. Recall from my March 1st post that, in Section 22007 of the Inflation Reduction Act, Congress directed the USDA to provide financial assi
Nicole Cook
Jul 11, 20234 min read
A Group of Southern University Extension Economists Launch Southern Ag Today
New Digital Platform Offers Insight and Analysis on Issues Facing Southern Agriculture "Southern Ag Today logo featuring a sunrise over a map of the southern United States, accompanied by the tagline 'Trusted Insight & Analysis'." Southern Ag Today Logo COLLEGE STATION - A group of 13 Southern Land Grant University Extension Programs in collaboration with the Southern Extension Economics Committee, the Agricultural and Food Policy Center at Texas A&M, and the Southern Risk Ma
Press Release
Jun 13, 20232 min read
More Broiler Grower Settlement Forms Arriving to Mid-Atlantic Growers
Poultry barns in Queen Anne's County, Md. by Chesapeake Bay Program The article is not a substitute for legal advice. See here for the site’s reposting policy. The region’s poultry growers may have started to receive additional or new settlement forms for broiler grower class action lawsuit settlement. Many growers might be surprised to receive this form in the mail and may have questions about the class action. If you have questions about the settlement process,
Paul Goeringer
Jun 6, 20233 min read
Over-The-Counter, Medically-Important Antibiotics For Livestock Now Require A Prescription
A robust black bull stands in a muddy paddock, its shiny coat catching the sunlight on a clear day. Photo by Edwin Remsberg The article is not a substitute for legal advice. See here for the site’s reposting policy. By Nicole Cook and Kassandra Turnbull In an effort to address the growing concerns of antibiotic resistance in livestock and in humans, the U.S. Food and Drug Administration (FDA) issued guidance #263 in 2021 regarding the use of over-the-counter (OTC) medically-i
Nicole Cook
May 30, 20233 min read
Supreme Court Upholds Dismissal of Prop 12 Suit
Picture of hog snout by Alex Lafayette via University of Arkansas The article is not a substitute for legal advice. See here for the site’s reposting policy. The U.S. Supreme issued the much-anticipated decision in National Pork Producers Council v. Ross. The decision is focused on challenges to Prop 12, passed by California voters in 2018, which prohibits the in-state sales of products that are housed in a cruel manner. In a fractured opinion, the justices agreed to affir
Paul Goeringer
May 23, 20235 min read
Webinar Recordings Are Now Available Online Focused On Insurance and Working With An Attorney
Image of people at a workshop by Edwin Remsberg The article is not a substitute for legal advice. See here for the site’s reposting policy. I recently finished a webinar series on the same topics as the recent workshops on Owning Rural Land In Maryland: Answering Basic Questions Landowners Have. Based on feedback from the workshops, we included two additional topics in the webinar series. The webinars included Q&As with an insurance agent and two attorneys who often work
Paul Goeringer
May 16, 20232 min read
USDA Noninsured Crop Disaster Assistance Program More Accessible To 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 recently announced a change to the Noninsured Crop Disaster Assistance Program (NAP) that makes NAP more accessible to underserved producers. Specifically, USDA’s Farm Service Agency (FSA) simplified the application process so that underserved producers who have a CCC-860 form (“Socially Disadvantaged, Limited Resource, Beginning and Veteran Farmer o
Nicole Cook
May 9, 20232 min read
Frequently Asked Questions: What is Maryland’s Fencing Law?
Cattle eating from apple tree in pasture image is by Daniel M. Hendricks The article is not a substitute for legal advice. See here for the site’s reposting policy. Livestock ownership in Maryland often comes with increased issues of erecting and maintaining fences. Maryland follows the common law view on fences that it is the duty of the livestock owner to fence in the livestock. This “fenced-in” view prohibits unrestrained grazing and requires livestock owners to fence
Paul Goeringer
May 2, 20232 min read
Frequently Asked Questions: Paul, What Happens If A Trespasser is Hurt on My Property?
Image of farm worker on research farm driving ATV image is by University of Missouri The article is not a substitute for legal advice. See here for the site’s reposting policy. I am often asked during presentations what happens if a trespasser gets hurt on an owner’s property. The answer to this question is not always straightforward and can often depend on the facts of each case. In Maryland, a property owner or tenant owes a duty of care to trespassers to refrain from w
Paul Goeringer
Apr 25, 20233 min read
Right-to-Farm Amendments: A Look at Common Changes with South Dakota’s Law
Grasslands for ranching in South Dakota image is by USDA-NRCS.jpg The article is not a substitute for legal advice. See here for the site’s reposting policy. In March, South Dakota’s governor signed House Bill 1090, which amended the state’s right-to-farm law. These changes mirror similar changes in North Carolina's changes to their right-to-farm law. These changes include clarifying when the operation gains the defense protections and who can bring a lawsuit and damages. Y
Paul Goeringer
Apr 4, 20234 min read
FSMA PSR Harvest and Post-Harvest Ag Water Requirements for Large Farms Are Now in Full Force
Image by Edwin Remsberg This article is not a substitute for legal advice. See here for the site’s reposting policy. In case you missed it, as of January 26, 2023, the Food and Drug Administration’s enforcement discretion period ended and “large” operations that are covered by the FSMA Produce Safety Rule (PSR) are now expected to be in full compliance with the rule’s harvest and post-harvest agricultural water requirements. Keep reading for more information. What Are The P
Nicole Cook
Mar 29, 20234 min read
Landowner-Oriented Agricultural Law Online Modules Now Available
Aerial image of Farmland by Chesapeake Bay Program See here for the site’s reposting policy. College Park, MD – The Department of Agricultural and Resource Economics (AREC) has released a new online course for rural landowners in Maryland. The So You Want to Own Farmland in Maryland course is now available through the University of Maryland’s Enterprise Learning Management System – Canvas. The free program will cover those legal issues that Maryland landowners may face. A gra
Paul Goeringer
Mar 21, 20232 min read
Update on USDA’s Assistance for Borrowers Who Have Experienced Discrimination
Photo by Edwin Remsberg This article is not a substitute for legal advice. See here for the site’s reposting policy. In August, I provided an Update on USDA’s Debt Relief Plan for Black and Socially Disadvantaged Farmers, and I told you that I would let you know when the USDA announced the start of its program to provide $2.2 billion for financial assistance to farmers, ranchers or forest landowners who have previously suffered discrimination with respect to USDA farm lending
Nicole Cook
Mar 7, 20232 min read
Landowner Oriented Agricultural Law Webinars Will Be Held in March and April
Antietam National Battlefield in Washington County, Maryland by the Chesapeake Bay Program See here for the site’s reposting policy. The Department of Agricultural and Resource Economics (AREC) will host five webinars via zoom every Friday starting on Friday, March 31st and ending on Friday, April 28th. The free webinars will cover those legal issues that Maryland landowners may face. A grant funds the program through the Northeast Risk Management Education Center. The web
Press Release
Feb 28, 20232 min read
Estate and Succession Planning Survey is Now Available For Maryland Agricultural Operators.
Two people talking at a table. Image by Edwin Remsberg See here for the site’s reposting policy. The University of Maryland Extension receives requests for educational resources related to estate and succession planning, but often when those resources are made available, few agricultural operations take advantage of the resources. Researchers from the University of Maryland are surveying to determine the estate and succession planning needs of Maryland agricultural operatio
Paul Goeringer
Feb 27, 20232 min read
Crop Insurance Research Survey
Harvesting crops with combine by Edwin Remsberg See here for the site’s reposting policy. Participate in Crop Insurance Survey and Earn $50+ Row crop farmers are needed to take a research survey on crop insurance, that covers some basic questions about their operation and hypothetical crop insurance decisions. The survey only takes about 30 minutes and does not ask invasive questions. Producers will receive an Amazon gift card of at least $50 and as much as $99 (an average of
Press Release
Feb 22, 20231 min read
Citizens’ Group Brings Action that USDA Violated Federal Law in Granting Loan Guarantees
Image of poultry houses by Livestock & Poultry Environmental Learning Center The article is not a substitute for legal advice. See here for the site’s reposting policy. In late 2022, a citizens’ group brought suit against U.S. Department of Agriculture (USDA), Farm Service Agency (FSA), Farm Credit Mid-America, and two poultry growers (Dan Nguyen and Trang Nguyen) for claims that the loan guarantees USDA gave on Farm Credit loans to the two growers violated federal law. Th
Paul Goeringer
Feb 21, 20235 min read
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