Author: Legal Services Food Hub

Cooperatives as a business structure help maximize resources and distribute profits equally among members. They can also foster a strong community since members work and vote alongside each other. Join this session to learn about the different types of cooperatives and what to consider before filing.

About Erika Dunyak (click to expand)

Erika Dunyak is a staff attorney at the Vermont Law and Graduate School’s Center for Agriculture and Food Systems. Her work focuses on (1.) the nexus of food systems and business law and (2.) perennial beverage regulation, especially of wine and viticulture. Erika’s career has spanned academia and private practice. In private practice, Erika worked with Jason Wiener, p.c, a boutique social enterprise law firm, where she helped clients make practical and legally compliant decisions related to formation, financing, commercial relationships, and dissolution. Erika works with all types of entities but has a particular love of cooperative

February 22: Agricultural Labor Laws

Attorney Sean Fontes, Partridge Snow & Hahn

Understanding guidelines for classifying employees (intern, part-time, seasonal, full-time, etc.) is important for remaining in compliance with labor laws. Join Attorney Sean Fontes to learn about employee rights, benefits, minimum wage, pay equity, and overtime for different employee types. This session is informational for employers at all stages of hiring but especially for first-time employers.

About Sean Fontes (click to expand)

Sean M. Fontes, Esq. is Counsel in the Employment Law Practice Group. Attorney Fontes led the Legal Division at the Rhode Island Department of Labor and Training for 12 years, serving under three administrations. In addition to his position at the DLT, Attorney Fontes led a private practice servicing clients in Massachusetts and was an adjunct professor at Roger Williams University, teaching employment and labor law.

Attorney Fontes is a graduate of Boston College Law School, licensed to practice law in Massachusetts, Rhode Island, and New York. He has over 19 years of legal experience in labor and employment law, civil litigation, corporate law, and intellectual property law and is a frequent lecturer on current topics in labor and employment law.

Attorney Fontes also holds an Executive Leadership Certificate from Harvard Kennedy School of Government and holds government and private board appointments for the Town of Randolph Zoning Board of Appeals, Town of Randolph Redevelopment Authority, Thurgood Marshal Law Society, the Boston College Black Alumni Network,
and the Boston College Law School/Rappaport Center for Law and he is a member of the Sigma II class of Leadership Rhode Island and also serves on the Board of Governors for Leadership Rhode Island.

Photo of attorney Andrew Marchev. Light-skinned main with short, brown hair and a short, brown beard and mustache, He wears a dark green suit jacket and pale button up shirt. He is smiling at the camera and standing in front of landscaped flowers and a government building.

February 29: Easements

Andrew Marchev, Christina Reiter, and Veronica Gassert; Three Rivers Law

Easements on a piece of property significantly influence how land can be used. Attorney Andrew Marchev and Veronica Gassert present the different types of easements and common conditions found in each.

About Andrew Marchev (click to expand)

Andrew represents a wide array of clients, including farmers, food entrepreneurs and working lands enterprises. Andrew assists clients with wills, probating estates, landlord-tenant issues, land use and general civil litigation. He also helps clients with farm succession planning, which often requires creating a business entity and transferring land. Additionally, Andrew has helped clients with navigating land conservation regulations, and with legal compliance generally.

In addition to his practice experience, Andrew brings knowledge gained from his work with the Vermont Law School’s Center for Agriculture and Food Systems, with the Vermont Housing and Conservation Board, and as a field hand for Schoolhouse Farm.

March 7: Branding Best Practices

Christina Licursi, Wolf Greenfield

Read the full 2022 Annual Report here.

As a small business owner, you want to develop and protect your brand, but you don’t yet have the funds to file for trademark protection. Attorney Christina Licursi covers steps you can take to have some level of protection from the beginning as well as when to take the plunge and file for protection.

About Christina Licursi (click to expand)

Christina Licursi focuses her practice on global portfolio management, counseling, and advising clients on a wide range of intellectual property matters, including branding strategies and protection, trademark and copyright infringement matters, licensing issues, and domain name disputes. With over a decade of experience, Christina has demonstrated experience in connection with developing, using, registering, licensing, and enforcing trademarks and copyrights. Her experience encompasses both trademark prosecution and litigation, including representing clients in federal courts across the country and before the US Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB). In addition to trademark matters, she also handles various copyright issues, domain names and related disputes, and social media and internet matters.

2022 Year in Review

Posted on June 12,2023

In 2022, the Legal Food Hub helped more than 90 farmers and food businesses get the legal help they need with the support of our network of pro bono attorneys. We published new legal guides on topics that ranged from agricultural employment law to nonprofit governance. We offered a winter webinar series that addressed participants’ most pressing legal concerns. And we delivered in-person trainings about farmland contamination, land access, and entity formation.

Hannan Healthy Foods Hires Their First Employee

Posted on April 25,2023

Mohammad Hannan of Hannan Healthy Foods Farm grows certified organic vegetables on seven acres of conserved agriculture land owned by the town of Lincoln, MA. He sells his produce at the farmstand in Lincoln, through a CSA, and at the East Somerville Farmers Market.

For the 2022 season, Mohammad added his first employees! Mr. Hannan needed an attorney to review an employment agreement that he had drafted to make sure it complies with all applicable employment laws. He will use this agreement as a template for all future employees.

The Legal Food Hub matched Mr. Hannan with Attorney Mae Stiles of Fierst Bloomberg Ohm. With years of experience in corporate and licensing matters, Mae was the perfect attorney to get Mohammad confidently prepared for the next phase of his business venture.

2023 Winter Webinar Series

Posted on January 20,2023

Laws of the Land: What to Know About Your Farm BEFORE You Commit
Wednesday, Feb 1st, 12:00-1:15EST
Presenters: Attorney Laura Hartz and Attorney Stacey Caulk, Drummond Woodsum

You’ve heard the phrase ‘location, location, location’ when it comes to choosing a home. It’s no different for farmers when choosing a site for their farm business. All sites come with unique conditions that impact the farm’s viability, including physical characteristics, zoning restrictions, federal and state permitting requirements, and pre-existing third-party rights of neighbors, landlords, tenants, easement holders, or lenders. This webinar will cover the who, what, how, where, and most importantly, why, of identifying the unique characteristics and regulatory requirements tied to your future farm property before you sign on the dotted line.

Hosting a Food Focused Event: The Legal Side of a Delicious Activity
Wednesday, February 8th, 12:00-1:15EST
Presenters: Corie Pierce, Bread and Butter Farm VT
                   Dr. Lisa Chase, University of Vermont
                   Attorney Andrew Marchev, Fellow at Vermont Law School

Hosting an event with food on your farm is a great way to gather your community, educate the public about farming, and grow your business. Join this webinar to learn about next steps to safely and legally offer samples, host a tasting, farm to table meal, or other event with food on your farm. During the session we will hear from Corie Pierce, owner of Bread and Butter Farm in Shelburne, Vermont and regular host of burger nights. We will also hear from Andrew Marchev, Legal Fellow at the Center for Agriculture and Food Systems and Lisa Chase, Agritourism Expert at University of Vermont Extension.

Media and Marketing 101
Wednesday, February 15th, 12:00-1:15EST
Presenters: Attorneys Elliot Brake, Kevan Lee Deckelmann, Chad W. Higgins, Matthew J.  Saldaña, Bernstein Shur

As a small business, you are likely using emails, text, and social media to advertise your business and communicate with your customers. You may also have your own webpage spotlighting customer reviews and other content. With all these forms of social media and communication comes a web of laws that are difficult to navigate. During this webinar, a team of attorneys from Bernstein Shur will help you detangle these laws. We will cover topics such as email, text, and social media marketing, claim substantiation, website policies, the proper use of logos and other copyrighted material, endorsements, testimonials, and customer reviews, and other hot topics in advertising law.

Onboarding New Employees
Wednesday, February 22, 12:00-1:15EST
Presenter: Attorney Tara Walker, Bernstein Shur

Congratulations! Your small business is ready to hire your first employees. This is both an exciting and daunting process. Luckily, we have Tara Walker of Bernstein Shur Portland, Maine who will walk you through this process. Tara will cover common legal traps for the hiring manager in the hiring and interview process, she will provide a checklist of best practices, and recommended documentation for your new employees.

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Selling Value-Added Products on the Farm
Wednesday, March 1, 12:00-1:15EST
Presenter: Legal Services Specialist Christine Dzujna, Farm-To-Consumer Legal Defense Fund

If you are a farmer interested in opening a farmstand on your property, please join us to learn about key federal, state and local regulations that impact small food producers who seek to make and sell value-added products from home. We will cover what’s allowed when selling meat, eggs, dairy, cottage foods such as pickles and baked goods, and more, and explore the legal solutions that can help these businesses grow and thrive.

Starting Your Farm or Food Business: The Role of Succession Planning

Distinguished Service Attorney: Keith Richard

Posted on December 2,2022

Keith Richard of Archipelago in Portland, ME has been an outstanding partner for the Legal Food Hub over the past few years, taking on matters ranging from contract disputes to LLC formations, to negotiating the sale of a conservation easement. He is particularly passionate about working with farmers and small business owners, tackling food waste, and composting. Keith’s broad skillset and tireless advocacy have made him an indispensable partner for the Hub.

In addition to his service to the Legal Food Hub, Keith has also taken on pro bono matters from the Volunteer Lawyers Project, the Eviction Defense Program of Pine Tree Legal Assistance, and Legal Services for the Elderly. He was recently recognized for the fifth consecutive year by the Maine Supreme Judicial Court’s Katahdin Counsel Program for his pro bono work. He first began accepting referrals from the Hub in his prior position at Libby O’Brien Kingsley & Champion in Kennebunk, ME, and moved to Archipelago in June of 2022. He will continue to assist Legal Food Hub participants in his new role.

Thank you for your contribution to the local food movement, Keith!

Expansion of USDA Mediation Services for NH and VT Farmers

Posted on August 11,2022

The Agricultural Mediation Programs in Vermont and New Hampshire recently expanded the list of approved issues that qualify for free mediation to include easements, contracts, and labor issues.

“Farmers and other agricultural businesses in these situations find themselves in disputes with landowners, employees, or other entities,” Vermont Agricultural Mediation Program (VTAMP) Director, Matt Strassberg said. “Both sides often try everything to fix the problem on their own but aren’t able to make the progress they hoped for.”

Mediation is a voluntary and confidential process where an impartial person (mediator) helps parties resolve their differences and negotiate agreements. The programs are supported by the USDA and the departments of agriculture in each state.

Recent data from the organizations show success rates of over 80% when mediation is tried before resorting to arbitration, litigation, or some other dispute resolution method.

“Farming is a round-the-clock demanding job. By nature, farmers are highly resourceful and skilled at solving problems. Yet we’re seeing an increase in complex disputes that leave farmers feeling stretched thin,” Vermont Secretary of Agriculture Anson Tebbetts said. “This service is a lifeline that helps farmers get back to doing what they love.”

2022 Winter Webinar Series

Posted on January 26,2022

Presenter: Kim Memmesheimer, Hoefle, Phoenix, Gormley & Roberts, PLLC

When you’re forming your LLC or other business entity, it is important to plan for the future. This webinar will prepare you with key questions to consider about succession planning when forming your business.

Labeling Your Food Product

Presenter: Rachel Gartner, Faegre, Drinker Biddle and Reath

Small food businesses and farms with value-added processing often sell their products locally, but understanding the Food and Drug Administration’s rules for labeling those products can be challenging. This webinar will prepare you to feel confident creating a food label and selling your product.

Elements of a Farmland Lease: What Farmers Need to Know

Presenter: Jeff Polubinski, Gravel & Shea

When a farmer works with a landowner to put together a farmland lease, there are many important considerations. This webinar will inform farmers and nonprofit farm organizations about the key elements that should be in a farmland lease.

Employment Law for Maine Farmers: WOOFers, Volunteers, and CSA Workers

Presenter: Tom Trenholm, Drummond Woodsum

Navigating employment laws on your farm can be a challenging task. This webinar will help Maine farmers understand how to handle various workers on your farm, including WOOFers, volunteers, and CSA workers.

Your Legal Toolkit for Starting a Farm

Presenter: Amy Manzelli, BCM Environmental & Land Law

When you’re starting a farm business, there are lots of important legal issues to consider, from what type of business entity you’ll form to how to protect yourself from liability and plan for the future. This comprehensive webinar will equip farmers with the legal know-how to tackle these key decisions and start off on a strong legal footing.

Launching in New Hampshire

Posted on October 1,2021

The Legal Food Hub is thrilled to announce it will begin offering services in New Hampshire on November 4^th 2021. We look forward to becoming a part of the New Hampshire food network and doing our best to support and grow a sustainable food system.

Beginning November 4^th 2021, if you are a farmer, food entrepreneur, or nonprofit in the food space and you are in need of legal services, please fill out our application. We will respond within 48 business hours and work towards getting you the legal help you need, pro bono.

If you are a stakeholder of the New Hampshire food system, we’d like to get to know you! Email our program coordinator, Mary Egan at mlovellegan@clf.org to set up a brief informational session.

If you are an attorney barred in New Hampshire and interested in providing pro bono services, we welcome you to our network. Email our program coordinator, Mary Egan at mlovellegan@clf.org to set up a meet’n’greet.

With excitement,

The Legal Food Hub Team

The Biden Administration Carves Out Relief for Farmers of Color

Posted on April 23,2021

For generations, farmers of color, including Black, Hispanic, Indigenous and Asian farmers, have struggled against systemic discrimination and a cycle of debt. This struggle has been exacerbated recently by a disproportionate amount of COVID-19 infection rates, hospitalizations, death, and job loss experienced by these groups. At the same time, more than 370 million acres of our nation’s farmland is poised to change hands over the next decade, creating an opportunity to provide expanded access to farmland for historically marginalized farmers. The Biden administration is taking steps to address these inequities in our farming communities.

The American Rescue Plan

Tucked inside the $1.9 trillion America Rescue Plan (the “Plan”) bill signed by President Biden on March 11, 2021, is $5 billion worth of aid to help farmers of color. The money would support programs for farm debt relief as well as United States Department of Agriculture (USDA) grants, training, education and other forms of assistance.

The Plan provides $4 billion toward debt relief for farmers of color to pay off burdensome debts that have prevented them from making a living or investing in the profitability and efficiency of their farms. Loan payments are available for up to 120% of USDA direct farm loans or USDA-guaranteed loans. The additional 20% above the loan amount is intended to pay off early-payment penalties, taxes or other fees associated with debt relief. According to the New York Times, the USDA estimates that it could provide debt relief for as many as 15,000 loans, and it is asking lenders to halt any pending farm forfeitures tied to loans guaranteed by its Farm Service Agency.

The USDA will receive an additional $1 billion to invest in land access, outreach, education, assistance overcoming barriers to access to USDA programs, and business development. The Plan also funds a racial equity commission to address longstanding discrimination across the USDA and provides financial support for research and education at historically Black colleges and land grant universities. In a nod to the importance of preserving working farmland as it transitions to the next generation, the Plan also provides resources to address heirs’ property issues, for example by clearing up title to the farmland and preventing partitioning of the land.

Pandemic Assistance for Producers

In addition, the USDA had created a $6 billion Pandemic Assistance for Producers program, that will target farmers who did not benefit from previous rounds of pandemic-related assistance, including farmers of color. The program expands the popular Coronavirus Food Assistance Program that provides relief payments to farmers and will establish partnerships with grassroots organizations to assist farmers with the application process.

Impact on New England Farmers

While the 2017 Agricultural Census changed its reporting method to include more producers overall, New England’s Black farming population has more than tripled since 2007 to 405 farm producers according to the 2017 Agriculture Census. Asian and Hispanic farmers numbers have also increased, although white farmers still make up over 97% of New England farmers. While farming has grown increasingly diverse in New England, many farmers of color do not own the land they farm. Black farmers are much more likely to rent land; in fact, in fact 78% are tenants who rely solely on rented land to farm. About 20% of Asian farmers and 10% of Hispanic farmers also farm solely on rented lands. In contrast, a majority of U.S. farmland is owner-operated—just over 60 percent, according to the 2017 Census of Agriculture.

The American Rescue Plan debt forgiveness would help New England farmers by reducing the debt burden on existing farms. In addition to the threat of losing the farm if the loan is not repaid, debt makes it difficult to obtain the credit necessary to purchase farm equipment and supplies. Reducing debt makes it easier for farmers to invest in their current properties to run them more efficiently and profitably.

However, the Plan’s impact is hampered by the low number of farmers of color who hold USDA loans. Black farmers have loans at significantly lower rates than the national average, which is not surprising since Black farmers were historically denied USDA loans that were easily obtained by white farmers. When socially disadvantaged farmers are unable to access credit in the first place, whether to buy land or purchase farm equipment, they have fewer loan debts to forgive. Indeed the 15,000 loans that may be eligible for debt forgiveness will affect only a fraction of the 240,00 farmers nationally that identified as Hispanic, Black, Indigenous or Asian in the 2017 Agricultural Census. This underscores the importance of increasing farmland ownership and access to credit for farmers of color in our region.

Increasing technical support and access to USDA programs — initiatives found in both the American Rescue Plan and the Pandemic Assistance for Producers initiative — may have broader and more significant impact on New England farmers. These programs will improve access to tools farmers need to run their farm businesses better and are aimed at helping farmers of color acquire and maintain their land and level their footing with white farmers. According to Jim Habana Hafner, executive director of Land For Good, these programs help lower barriers for accessing resources and correct historical and structural inequities, which will create farming opportunities for farmers of color.

The devil, as they say, is in the details. It will be weeks before we know how the USDA will prioritize programs and allocate resources, both among the many USDA programs and across the country. Oversight of the programs, especially by people of color, is key to assure that the programs are managed to meet the legislative objective of “assisting and supporting socially disadvantaged farmers.” Agriculture secretary Tom Vilsack has voiced support for addressing systemic discrimination at the USDA, stating during a March 25, 2021 congressional hearing on Black farming, “Let me be clear: There is no place in the USDA for discrimination — none.” Vilsack can begin the process by placing more people of color in positions of leadership of these and other programs at the USDA. Support at this highest level is necessary to begin to address the generational losses of Black farmers and support our diverse farming community.

In conclusion, the USDA programs aim to provide both immediate debt relief and longer-term support that will help farmers of color with land security, land acquisition and land succession. Farmers are urged to contact their local Farm Services Agency to learn more about these program.

Free Winter Webinar Series

Posted on January 26,2021

The Legal Food Hub’s free annual Winter Webinar Series began on Tuesday, February 16th. Each week we spent an hour covering a legal topic of significance to New England farmers, food entrepreneurs, and food-oriented nonprofits.

Understanding Purchase and Sale Agreements in Real Estate Transactions

A purchase and sale agreement is the document that establishes the steps of the transaction, as well as the responsibilities of the Seller and the Buyer. Purchasing real estate can seem like a complicated process but we will walk you through it.

During this webinar, Massachusetts attorney Richard Cavanaugh of Common Grow, LLC will discuss typical provisions in a purchase and sale agreement. He will also cover some other issues – like zoning and wetland restrictions – that you should consider when deciding whether or not to buy a property.

Presenter: Attorney Rich Kavanaugh, Common Grow LLC.

Resolving Challenging Issues through Agricultural Mediation

Sometimes, as a farmer, you find yourself stuck or facing a conflict. Whether your business has been threatened, a creditor is hounding you, or a neighbor is making complaints about your farm, you are not alone. The USDA’s certified Agricultural Mediation programs can help you through these situations.

The mediation program is a free service that gives all voices an opportunity to be heard and work together toward a solution that works for everyone. In this webinar, you will have a chance to meet Agricultural mediators in New England. They will give you an overview of the program and share some stories that illustrate the effectiveness of their work.

Presenter: Matt Strassberg, Director of the Environmental Mediation Center

Hiring Your First Farm Employees

Congratulations! Your farm business has grown, and you are in dire need of hiring some help. Enter employment law – specifically, agricultural employment law. Join our one-hour webinar to learn the general laws that you are required to follow as an agricultural employer. We will cover important pay considerations, how to get employees properly set up, and best practices to avoid discrimination lawsuits. After this session, you will feel confident to make your first hires.

Presenter: Attorney John S. Gannon, Skoler-Abbott LLC.

Opening Your Farm to Visitors and Controlling for Liability

From farm dinners to CSA pick-ups, and from Airbnb to educational programs, you might open your farm to friends, neighbors, and even tourists. As you welcome visitors to your farm, you need to be ready to handle the myriad of risks that they bring with them. Join us to receive practical advice from an agritourism expert, an insurance agent, and an attorney. Each will provide you with tools to prepare for the worst and enjoy the best.

Presenters: Attorney Mary Rose Scozzafava; Stuart Farnham, AFIS Vice President of Frazer Insurance Agency, Inc.; Lisa Chase, University of Vermont Agritourism Expert

Options for Forming a Social Enterprise