Ag Law

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Updated: July 22, 2022

Understanding Agricultural Liability: Premise's Liability (FS-1001)

You can take steps to limit your potential liability by understanding your legal obligation or duty to protect visitors and other third parties from foreseeable harm. You also will need to know to whom you owe the duty and what duty others may owe to you. Steps you can take to limit your liability include obtaining insurance, procuring releases, and providing warnings. You should work with a licensed attorney in your area and your insurance agent to identify the tools that will work best for you. Author: Paul Goeringer; Title: Understanding Agricultural Liability: Premise's Liability (FS-1001)
Updated: July 22, 2022

Farmer-saved Seed: What is Legal? What is Not? (FS-1064)

Most wheat and soybean seed sold in Maryland is protected by either U.S. Patent Law or the Plant Variety Protection Act (PVPA). These protections severely limit the age-old practice of “farmer-saved seed” or prohibit it entirely, depending upon the protection the owner of the variety secures. The following will discuss the implications of Patent Law and PVPA on farmer-saved seed of wheat and soybeans. Authors: Dale Morris, Robert Kratochvil, and Paul Goeringer; Title: Farmer-saved Seed: What is Legal? What is Not? (FS-1064)
Updated: July 22, 2022

Property Ownership and Transferring Are Important Features of Your Farm Succession Plan (FS-1056)

Many people think an estate plan is just a will, but it is much more than that. Your estate plan will typically include documents and tools to distribute your property according to your wishes following your death. When it comes to transitioning your farm or any family business to the next generation, how property is owned and the property transfers prior to your death can be important features of your succession plan or estate plan. Titling property in a joint tenancy with rights of survivorship allows you to choose who inherits upon your death and to transfer the property outside the will. Transferring property, such as through gifting, allows the property to go to the next generation prior to your death and provides control over who gets your property. Author: Paul Goeringer; Title: Property Ownership and Transferring Are Important Features of Your Farm Succession Plan (FS-1056)
Updated: July 20, 2022

Legal Liability of Saving Seeds in an Era of Expiring Patents (FS-1000)

2014 marked the expiration of Monsanto’s patent on the first generation Roundup Ready© technology. But, this expiration does not mean that farmers using seed from first generation Roundup Ready© technology will be able to save harvested seed for planting a subsequent crop. Many seed companies utilizing this technology may consider other federal law protections afforded them. One such protection would be the Plant Variety Protection Act (PVPA). Another protection would be the use of contracts. A company also may look at utilizing patent law to limit seed saving. You will need to consider each one of these to determine if saving the seed is allowed. Author: Paul Goeringer; Title: Legal Liability of Saving Seeds in an Era of Expiring Patents (FS-1000)
Updated: July 7, 2022

Considerations for Equine Lease Agreements (FS-1062)

Offering a horse for lease can be a good option for an owner who is unable to ride or care for their horse due to physical, time, or financial constraints but still wishes to maintain ownership. A lease can be an alternative to selling the horse, a way to cut maintenance costs, or an avenue to ensure the horse remains in work. An equine lease can take many forms, depending on how the lease agreement is constructed. This publication includes information on the factors to consider when preparing or reviewing a written lease agreement, as well as case studies that describe the terms of the leases. Authors: Sara BhaduriHauck and Paul Goeringer; Title: Considerations for Equine Lease Agreements (FS-1062)
Updated: June 24, 2022

Finding An Attorney for Your Case Requires Asking the Right Questions (FS-1097)

Selecting an attorney to represent you is not always an easy prospect especially if it is your first time needing legal help. You may not know how to go about finding the right attorney or what questions to ask. Does the attorney have experience handling cases like yours? Do you understand how the attorney will bill you? Are you paying a flat fee or being billed hourly? Selecting the right attorney and understanding expectations on both sides will hopefully lead to a successful attorney-client relationship. Author: Paul Goeringer; Title: Finding An Attorney for Your Case Requires Asking the Right Questions (FS-1097)
Updated: May 31, 2022

Hatching Eggs at Home

Hatching eggs at home can be a rewarding way to increase the size of your flock, while teaching family and friends about embryology. While chicken eggs are the most common eggs to hatch, eggs from other species can be incubated as well. As always, before starting a hatching project, make sure you have everything in place to take care of the chicks when they hatch and that you comply with all state and local laws.
Eggs sign