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.
Participant: Farmers
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.
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
Understanding Purchase and Sale Agreements
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.
Buying the Farm – Part I
Farmers can obtain rights to farmland in a variety of ways, for example, by entering into a lease with the owner of the farmland, sharing ownership of the land with others, or acquiring full ownership (“fee simple” title) of the farmland. Part I of this Guide focuses on:
(i) the different types of land ownership,
ii) the advantages and disadvantages of purchasing the farmland directly through fee simple ownership, and
(iii) considerations when locating the right farmland to purchase.
Buying the Farm – Part II
Once a deal has been negotiated, a farmer works with the land owner to buy farmland for the agreed-upon purchase price. Part II of this Guide focuses on
(i) the elements of a Purchase and Sale Agreement,
ii) the investigation “due diligence” process that every farmer should undertake,
(iii) the deed and other acquisition closing documents, and
(iv) the closing.
Vermont’s Current Use Program
This legal guide provides a brief overview of Vermont’s Current Use Program—a state program designed to keep taxes on working lands affordable so long as land is being used for active agricultural purposes. The guide includes a high-level summary of the Program, including:
- Eligibility requirements for enrolling
- Steps for applying
- How to maintain enrolled status and how to withdraw from the Program
- How to transfer ownership of enrolled land
Selling Farm Products Through Online Food Hubs
In response to market changes, many local farmers have started selling their farm products directly to customers through local food hubs. Farm produce and local value-added products go right from the farmer, cook or baker to a delivery hub where orders are assembled and prepared for delivery or pick-up. Before you sell your products through a local food hub, you need to understand what may be required of you. This legal guide discusses:
• Pros and cons of participating in a food hub
• Vendor agreements with a local food hub
Running a Farmer Operated Food Hub
In response to market changes, many local farmers have started selling their farm products directly to customers through other farmers. Farm produce and local value-added products go right from the farmer, cook or baker to another farmer or business where orders are assembled and prepared for delivery or pick-up. This model is generally known as a food hub. If you are considering setting up a local food hub, this guide outlines the following legal considerations to keep in mind:
• Forming a separate entity
• Terms and conditions of agreements between farmers or vendors
• When a warehouse license must be obtained
• Collecting sales tax
• When a 1099-K must be issued
Home Delivery of Farm Products
Local farmers are adjusting their business operations to incorporate new ways of getting their products to customers and seizing the opportunity to add new marketing channels to their existing farm businesses. For many farmers, this shift has meant delivering products directly to the doors of their customers. If you are a farmer engaged or considering engaging in home delivery of farm products, this guide outlines some legal considerations to keep in mind.
Employment Rules for Agricultural Workers in MA
Agricultural work is treated differently from other types of employment under the law; however, it is sometimes difficult to what qualifies as agricultural work. This guide is intended to help Massachusetts farmers determine what is agricultural work, what is not, and why it matters. You will learn:
- What is Agricultural Work in Massachusetts
- Minimum wage and overtime rules for agricultural employees
- Minimum wage and overtime rules for regular employees
FSMA Inspections: What Growers Need to Know
Sara Dewey and Mary Rose Scozzafava of the Conservation Law Foundation review the Food Safety Modernization Act Produce Safety Rule and what it will mean for Massachusetts farmers. Topics include: what is the produce safety rule, how does it relate to the Commonwealth Quality Program, and what inspections will look like for farmers in 2020.
Urban Agriculture in the City of Boston
Did you know that Boston has an ordinance that covers urban farming? Article 89 is part of the Boston land zoning laws. It covers urban agriculture activities in Boston such as farming, hydroponics and beekeeping and more. The City of Boston prepared this guide to demystify the language of the actual rule. After reading this guide, you will have a better understanding of:
- the rules covering land use and permitting requirements
- the permitted location and size of ground-level farms, roof-top farms and freight farms
- soil safety guidelines for urban farming
- keeping bees and chickens.
Massachusetts Chapter 61 Tax Program
Chapter 61 programs offer a property tax break for landowners willing to keep their land undeveloped for a specified period of time. This guide provides all you need to know about the Massachusetts Chapter 61 Tax program. After reading this guide, you will know:
- description of Chapter 61 programs in forestry, agriculture and open space
- minimum acreage to qualify for the program
- types of land eligible for the Chapter 61 programs
- tax benefits of the Chapter 61 programs
- what happens if you withdraw from the program
This informative guide was prepared by University of Massachusetts Extension.
Interns, Apprentices and Volunteers-Rhode Island
Many people are curious about what happens at a farm and would be happy to volunteer a few hours of labor in return for the experience of farming. Others would be willing to work as an unpaid intern in order to gain valuable knowledge and farm skills. The prospect of free labor is appealing. But is it legal? Do you understand the distinction between registered apprentices, paid and unpaid interns and volunteers? This Legal Brief summarizes the legal requirements for these workers under Rhode Island law.
FAQs About the Produce Safety Rule
The Produce Safety Rule (PSR) imposes new requirements on farms to ensure the safety of produce consumed by humans. But New England farms tend to be small and to sell directly to consumers. Therefore, New England farms are more likely to be exempt from the Produce Safety Rule or eligible for a Qualified Exemption. Qualified Exemption limits the obligations of a farm under the Produce Safety Rule. This Lightning Guide answers questions small farmers may have about the Produce Safety Rule.
Employment Law Guide for Rhode Island Farmers
Farmers have a lot to consider when bringing on employees. This guide for Rhode Island farmers takes you step by step through the key areas of law you need to understand when hiring on farm. It is a great starting place for farmers looking to understand the rules of the road.
Employment Law Guide for Massachusetts Farmers
Farmers have a lot to consider when bringing on employees. This guide for Massachusetts farmers takes you step by step through the key areas of law you need to understand when hiring on farm. It is a great starting place for farmers looking to understand the rules of the road.
Is your Farm Apprenticeship Legal?
What do farmers need to know to legally bring on a farm apprentice? The laws governing apprenticeships can be complicated, and it is important for farmers to understand how to comply with wage and hour laws. Andrew Dennington, a partner at Conn Kavanaugh in Boston, presents on this important topic in a recording from the NOFA/Mass winter conference in 2018.
Liability Waivers for On-Farm Activities
Farms often host activities that bring visitors onto the farm, such as school farm visits, volunteer days or agritourism. Such events offer valuable opportunities to increase income and raise awareness of the farm. But, accidents happen — particularly to visitors unfamiliar with hazards typically found on a farm. Farmers frequently are advised to have visitors sign liability waivers. But how can a liability waiver reduce a farm’s legal responsibility? Can they reduce the farm’s risk of liability and potential lawsuits against the farm if a visitor is injured? This legal guide discusses how to use liability waivers, what they can accomplish and what to include in a well-drafted liability waiver.
FSMA Produce Safety Rule: Selected Topics
This webinar provides a useful overview of the Food Safety Modernization Act (FSMA) Produce Safety Rule, presented by Rhode Island attorney Sumana Chintapalli and University of Rhode Island food safety expert Lori Pivarnik. It is a good starting point to become better acquainted with the Produce Safety Rule. The webinar includes an overview of the requirements under the rule, key definitions to know, activities covered under the rule, and how to determine if your farm is covered by the rule or exempt from it. It also reviews the requirements for agricultural water, biological soil amendments, domesticated and wild animals, and record keeping. Finally, it covers the timeline for compliance.
Agricultural Easements
Learn more about key legal issues related to agricultural easements that farmers and other landowners should consider, with a focus on Maine. This webinar, presented by attorney Beth Boepple of BCM Environmental & Land Law, includes the key legal issues related to agricultural easements. The webinar covers what agricultural easements are, what you can and can’t do on your property after you have an agricultural easement, possible benefits and drawbacks of this type of easement, who can hold an agricultural easement, and what the value return for your land could be with an easement.
Please Note: The speaker experienced some technical difficulties advancing her slides for the first third of the presentation. Viewers may consider listening to this webinar rather than also watching the visuals, to avoid confusion.
Employment Law for Rhode Island Farmers
Understanding employment laws is essential to protect both farmers and their employees. This webinar, presented by Erica Kyzmir-McKeon, former CLF Senior Fellow & Attorney, and Gina A. DiCenso, Attorney at Law, gives an overview of common employment law issues that farmers face. The webinar covers (1) federal and state wage laws; (2) the the legal distinctions between unpaid interns, registered apprentices, and volunteers; and (3) federal and state leave laws.
Student Loan Basics for Farmers
Student loan debt has become a significant obstacle for young farmers who are trying to make a living in agriculture. This webinar, led by Erica Kyzmir-McKeon, former CLF Senior Fellow & Attorney, and Deanne Loonin, Attorney at the Project on Predatory Student Lending at the Legal Services Center of Harvard Law School, discusses the different types of student loans and how borrowers can deal with them. The webinar begins with the basics of understanding your loans, including how to determine the type of loans you have and a review of types of federal loans and loan servicers. The webinar then discusses managing repayment, avoiding or getting out of loan default, and loan cancellation.