Risk Management

Are you a specialty food entrepreneur? If so, check out the Food Processing in Maryland module. This invaluable module provides information about how to sell and process food in Maryland. This module will include rules for specific foods and important regulatory information. Our interactive map of Maryland's regulatory environment provides you with location-specific contacts.

Chapter 4: Managing legal risks to grow your urban farm is part of the online publication "From Surviving to Thriving: Strategies for Urban Farm Success. Legal risk is associated with many of the day-to-day activities of all types of farms. For example, there are legal ramifications for not repaying an operating loan or failing to use appropriate safety precautions when using pesticides. Marketing agricultural products involves contractual commitments, and human issues associated with agriculture also have legal implications, ranging from employer/employee rules and regulations to inheritance laws. Urban farms can be presented with additional legal challenges because they exist in densely populated areas surrounded by private and commercial neighbors unlikely to be familiar with (or possibly simply intolerant of) the sights, sounds, smells and activities of farming, and because they are typically located in areas that were specifically not set up to support agricultural activities.

Food processing regulations are specific to each type of food. Different agencies regulate different types of food. Different food processing facilities may be restricted to producing only certain types of food. For example, processing regulations differ for perishable and non-perishable foods. Processing regulations differ for hazardous and non-hazardous foods.

Business organization structures can provide many uses in agriculture, but the majority of Maryland farmers do not utilize one. Utilizing the proper one can help limit liability for the farmer, protect personal assets from business liabilities, and provide a mechanism to transition the farm to the next generation. Picking the right business structure can be a difficult proposition for a business owner.

With so many concerns for the Fall agritourism season, here is an informative podcast that helps outline how to mediate some of the risks of hosting events this Fall season. While Marylanders must follow Governor Hogan’s mandates about group gatherings, staying informed about how vendors in other states are addressing Covid-19 protocols for group gatherings can help make more informed decisions as the Fall season approaches.

This fact sheet can serve as another tool in a farmer’s risk management plans by providing information on how farmers can protect themselves from legal challenges from a nuisance or violation of an environmental permit. The information discussed in this fact sheet will not eliminate threats of lawsuits. Elimination of 100 percent of legal risk is not possible.

The purpose of regulations and licensing for food processing. Is to ensure the safety of the food supply and oversee commerce. Food processing standards and regulations vary widely based on the type of food being considered and the scale of the operation.

2014 marked the expiration of Monsanto’s patent on the first generation Round-up 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.

This fact sheet can serve as another tool in a farmer’s risk management plans by providing information on how farmers can protect themselves from legal challenges from a nuisance or violation of an environmental permit. The information discussed in this fact sheet will not eliminate threats of lawsuits. Elimination of 100 percent of legal risk is not possible. Understanding Agricultural Liability: Legal Risk Management Considerations is available here http://drum.lib.umd.edu/handle/1903/16345.