Subject: Agricultural and food law research and information
To: awinfred@uark.edu

 

University of Arkansas School of LawUniversity of Arkansas Division of Agriculture

National Agricultural Law Center
Bi-Monthly eNewsletter
VOLUME 4, NUMBER 2  (December 2009)
 
Components
 
 
 
 

  Estate Planning

  Finance & Credit

  Food Labeling

  Food Safety

  International Law

  International Trade

  Labor

  Landowner Liability

  Marketing Orders

  Nat'l Organic Prog.

  Packers & Stockyards

  PACA

  Pesticides

  Production Contracts

  Secured Transactions

  Sustainable Ag

  Urbanization & Ag

 

 

AgLaw Reporter

  Case Law Indexes

  Case summaries

  Federal Register

  AgLaw Updates

  USDA JO Decisions

 

 
 
 
 
 
 
 
 
 
 
 
Prepared by
Ann B. Winfred
Publicity Director/
Webmaster 

Welcome from the Director

 

Dear Friends and Colleagues,Director Harrison M. Pittman

 
As we embark upon the New Year, I cannot help but think about how wonderful and eventful 2009 was the Center and how quickly it passed.  I am confident that 2010 will be an even better year for the Center, and we look forward to serving the nation's vast agricultural community.

One major development is that the University of Arkansas was awarded the Southern Risk Management Education Center, which is funded by the USDA National Institute of Food and Agriculture (NIFA), formerly known as USDA CSREES.  SRMEC's mission is to empower the strengths and skills of individuals in the Southern region who are involved in the management of agricultural production, marketing, financial, legal, and human resource risks. The Center will coordinate with SRMEC to address legal risk, and I have the honor of serving as the Legal Risk Coordinator for the SRMEC. 

The Center continues to pursue extramural funds, and was recently awarded a grant to produce A Legal and Marketing Guide for Specialty Crop Producers under the 2009 Specialty Crops Block Grant program.  The Center was also awarded funding to pursue distance education opportunities through the University of Arkansas Global Campus, an area of focus for the Center for the foreseeable future.  The Center has submitted more than a dozen grant proposals this year, a key focus that will continue in the weeks ahead.

Center staff participated in the National eXtension conference in St. Louis, Missouri, and will continue to strengthen its relationship with the Cooperative Extension Service at the local, state, regional, and national levels.  And if you have not had an opportunity to use the United States Agricultural & Food Law and Policy Blog , I wholeheartedly encourage you to do so. 
 
Finally, the Center has created a National Advisory Board to assist in strategic planning and on how best to serve the nation's agricultural community.  This is the first ever Board of its kind for the Center, and we are very grateful to Peggy Kirk Hall, Julie Anna Potts, Dan Dooley, Nancy Bryson, and Michael Roberts for agreeing to serve on the Board. 
Best wishes for the New Year from the National Agricultural Law Center.  Please do not hesitate to contact us of we can be of any assistance in any way.

Best regards, 
Harrison M. Pittman
 
 
Harrison M. Pittman
Center Director
National Advisory Board for the Center
 
The National Agricultural Law Center's National Advisory Board plays an integral role in developing the short and long-term research and information priorities for the Center.  In particular, the Board helps determine how best the Center can serve the nation's diverse agricultural community and how best it can fulfill its mission as the nation's leading source of agricultural and food law research and information.  We are honored to introduce the Board members to you.  Click here for their full biographies.
 
Nancy Bryson is the Chair of the Agriculture and Food practice at Holland & Hart, LLP.  She served as General Counsel of the U.S. Department of Agriculture (USDA) from 2002-2005 and was subsequently a founder and principal of The Bryson Group, PLLC.  As USDA General Counsel, Ms. Bryson was responsible for USDA legal policy and served as the principal legal advisor to Secretaries Veneman and Johanns.  She directed department litigation and mediation.  Client agencies include:  the Food Safety and Inspection Service; the Farm and Foreign Agricultural Service; the Food and Nutrition Service; the Agricultural Marketing Service; the Forest Service; the Natural Resources Conservation; and Rural Development.  Prior to joining USDA, Ms. Bryson was an environmental and natural resources partner with the law firm of Crowell & Moring, LLP.  In that capacity, she handled litigation, policy initiatives, hydro-electric relicensing proceedings, rulemaking and legislative representations. Ms. Bryson also served in the U.S. Department of Justice as Assistant Chief of the Environmental Defense Section and in the U.S. Department of Labor as Assistant Counsel for Appellate Litigation.  Ms. Bryson has received the highest AV rating by Martindale-Hubbell and is listed in Best Lawyers in America for her work in Environmental Law. 
 
Daniel M. Dooley is Vice-President for the University of California Division of Agriculture and Natural Resources (ANR), a systemwide position he has held since 2008.  He also serves as Senior Vice President for External Relations for the UC System.  As VP for ANR, Mr. Dooley leads a statewide research and public service organization responsible for activities in agriculture, natural resources, environmental sciences, family and consumer sciences, forestry, human and community development, 4-H/ youth development and related areas.  Prior to serving as Vice-President of ANR, Mr. Dooley has had a long relationship with UC and the agricultural community. Throughout his career, he has held leadership positions in local, state and national agricultural organizations, as well as with the University of California. Dooley previously served as chief deputy director of the California Department of Food and Agriculture (1977-80) and member and chair of the California Water Commission (1982-86). He has chaired both the UC President's Advisory Commission on Agriculture and Natural Resources and the UC Agricultural Issues Center's advisory board, as well as serving as UC representative to and Chair of the Council for Agriculture Research, Extension, and Teaching (CARET), a national grassroots organization of the land-grant universities and colleges. From 1993 to 2007 Mr. Dooley was a partner at Dooley, Herr and Peltzer, LLP, a Visalia-based law firm emphasizing agricultural, environmental, business and water rights law.
 
Peggy Kirk Hall is Senior Research-Policy Associate and Director of the Agricultural and Rural Law Program at the Ohio State University Department of Agricultural, Environmental, and Developmental Economics.  As director of the Agricultural and Rural Law Program, Ms. Hall provides legal research and outreach on agricultural and rural issues for OSU Extension through newsletters, training and workshops.  Her primary areas of focus are civil liability, property law, animal law, land use law and environmental law. Other responsibilities at OSU include teaching the department's Agricultural Law course and serving as Legal Director for the Center for Farmland Policy Innovation.
 
Julie Anna Potts was appointed to serve as Chief Counsel for the U.S. Senate Committee on Agriculture, Nutrition and Forestry in December 2009. From 2004 until this appointment, Ms. Potts served as General Counsel for the American Farm Bureau Federation. As chief legal officer for AFBF and its affiliates, she advised on both general corporate matters and public policy issues affecting Farm Bureau. Prior to joining AFBF, Ms. Potts was a member of the environmental practice group of Mayer Brown where she represented AFBF in environmental litigation and regulatory proceedings involving concentrated animal feeding operations, water quality and other public policy issues. She serves as secretary for AFBF and is admitted to the bars of Virginia and the District of Columbia.
 
Michael T. Roberts is Associate General Counsel, Global Regulation and Government Relations, for Roll International Corporation, a private holding company headquartered in Los Angeles that includes leading agri-food companies that are vertically-integrated, global leaders in their respective product lines and employ in excess of 4,000 people worldwide.  Mr. Roberts has taught law and lectured in the global agriculture and food sector in a variety of venues. He is a former Research Law Professor at the University of Arkansas School of Law, where he was the Director of the National Agricultural Law Center and taught classes in the J.D. and LL.M.  programs.  He taught a summer law course on international trade at Cambridge University (UK) and lectured at Georgetown Law Center, University Tennessee College of Law, University of Gent (Belgium), University of Cluj Napoca (Romania) and various conferences in the U.S., China, Europe and Italy.  He is a visiting professor at the East China University of Science and Technology Law School in Shanghai, China, where he teaches comparative law, lectures on international food law topics and advises on the development of a new food safety center in the law school.  He has been a visiting scholar and consultant for the U.N.'s Food and Agriculture Organization (FAO) in Rome and is the lead instructor of Asia Food Law at Michigan State University.  Mr. Roberts has also practiced law in firms, including Venable LLP in Washington DC.  
Farm Animal Welfare Statutes Added to Clearinghouse 
 
An often-heard news item today involves concern over the welfare of farm animals.  While it was most recently addressed in Ohio on November 3, 2009, where voters approved a constitutional amendment that will set living standards for farm animals, Ohio is far from the first state to do so. Whether through typical legislative channels or as a result of a ballot initiative, several states have enacted laws that are concerned with farm animal welfare.  While the majority of these laws require that farm animals be given a certain amount of space, others reserve the right to make those rules either to the state legislature or to a board put into place to address those issues.  A new Center compilation, States' Farm Animal Welfare Statutes, provides the statutory text of each state's laws, along with the date on which it becomes effective.
Scope of CRS Reports Available on Website Expanded 
 
The Congressional Research Service Reports section of the Center website has been dramatically expanded during this reporting period with the addition of 181 new CRS reports and the creation of two new sections (Forestry and Climate Change) to better represent recent changes in the agricultural industry.  There are now a total of 682 agriculture-related reports on our website.  Other changes to the CRS section include significant additions to Budget and Appropriations, Energy, and Environmental Issues.   For historical purposes, we have added older reports not previously included, especially to the Budget and Appropriations section.  For more information on CRS reports or if you have access to or knowledge of reports that are relevant to agriculture and should be but are not included, please contact us, and we will attempt to make the information available. 
Popular Center Publication Republished on Website 
 
Since it was first published in 1993, the Handbook of Laws and Regulations Affecting Arkansas Farm Employers and Employees, written by a former Center director John Copeland and former Dean of the University of Arkansas School of Law J.W. Looney, has been a frequently requested Center publication in print form.  Research Assistant Jay Robbins has digitized the book and it is now available for free download from the Center's website.  While Staff Attorney Shannon Mirus is currently updating the book and expanding its scope, it should be noted that the information presently included is current only to the original date of publication. 
 
The Handbook is intended to provide a convenient reference to the major provisions of the state and federal laws and regulations which affect farm employers and employees, including the Immigration Reform and Control Act, OSHA, Fair Labor Standards Act and applicable tax laws.  On the state level, it discusses civil rights, child labor and worker's compensation statutes.  It further discusses the rights and duties of both parties in an employer/employee relationship, and an employer's common law responsibility for employee injuries.
Making Legal Research Faster and Easier
 
Updates to the Case Law Indexes

Cases that were added to the Case Law Indexes in October, November and December.
Thanks to the efforts of Graduate Assistant Suzanne McMillan, the Center is pleased to offer an expanded Animal Welfare Case Law Index that includes state and federal decisions back to January 1, 1995.
 
Agricultural Law Bibliography Digitization Project  
There are now 2,235 articles linked in Professor Drew Kershen's bibliography.  To date, permission for republication has been obtained from over 1,300 authors and 149 journals.  Specifically, the last few months have brought republication agreements from 22 additional journals, including the Vermont Law Review and the California Law Review.  If you authored an article that is listed in the bibliography and have not yet been contacted about republication, please contact Research Assistant Megan Cunningham via email at cmegan@uark.edu or by phone at 479-387-2043.  
Biofuel and Climate Change Statutes Enhanced with Statutory Language.
 
The Center is nearing completion of an ongoing project with USDA's Office of the Chief Economist, Office of Energy Policy - New Uses, to digitize all federal and state biofuel and climate change statutes.  Research Assistant Kerri Boling, Research Associate Paul Goeringer and Staff Attorney Shannon Mirus have dedicated many hours to this demanding project.
 
To the compilations of state statutes in climate change and biofuels previously published have now been added links for each citation to a copy of its statutory language.  Providing links for the federal compilations is nearing completion with an expected publishing date of February or March 2010.  These compilations are linked from the State Compilations button on the Center homepage and can also be found under the Major Statutes sections of the Renewable Energy and Climate Change reading rooms.
 
Teaming Up
 
Search Field Added to Agricultural and Food Law Blog
 
Agriculture and Food Law Blog
A new search feature has been added to the United States Agricultural & Food Law and Policy Blog, a partnership between the Center and the American Agricultural Law Association.   The new search field is located on the right side of the blog under "Search this Blog," and is powered by Google, making it familiar to visitors to the blog.  The goal of this additional feature is to allow readers to easily locate stories through a key word search, thus making it more user-friendly and efficient. If you have any suggestions on possible additional improvements to the Blog, please email them to agandfoodlaw@gmail.com. 
Outreach - Conventions, Presentations and Meetings 
 
Director Harrison Pittman and Staff Attorney Shannon Mirus represented the National Agricultural Law Center and the Agricultural LawCommunity of Practice at the National eXtension Conference in St. Louis, Missouri, October 20-23, 2009. The conference was held to provide eXtension community leaders with effective tools and resources to develop their on-line communities. Ross Pifer, Director of the Penn State Agricultural Law Resource & Reference Center, also represented the Agricultural Law Community of Practice.
 
In October, Director Harrison Pittman participated in a strategic planning meeting of the National Association of States Departments of Agriculture (NASDA) in Washington, DC and in November returned to Washington, DC for meetings with numerous USDA officials and departmental staff, including the Agricultural Research Service and the National Agricultural Library.  Also in November he participated in a board meeting of the Winthrop Rockefeller Institute.
 
On October 22nd, Staff Attorney Rusty Rumley participated in a Natural Resources Education workshop sponsored by the Mississippi State Extension at the Ames Plantation in Grand Junction, TN where he spoke on the legal liability concerns of agritourism operations and on business organizations. 

Staff Attorney Shannon Mirus, who serves as an instructor for Annie's Project Arkansas, presented at a workshop on November 21, 2009, addressing landowner liability and business organizations to the women participating in the program. On December 5th, Staff Attorney  Rusty Rumley presented on estate planning and farm succession topics such as the current status of the federal estate tax and practical tips on what financial information participants should gather before consulting their attorney. The workshops were held at the Southwest Research and Extension Center in Hope, Arkansas.  Annie's Project is a program that began in the Midwest that is intended "to empower farm women to be better business partners through networks and by managing and organizing critical information." It is facilitated in Arkansas by Arkansas Women in Agriculture, Inc.
 
In December, Staff Attorney Beth Springsteen traveled to St. Paul, MN to present at a CLE jointly sponsored by the Agricultural and Rural Law and Animal Law Sections of the Minnesota State Bar Association.  Her topic, Farm Animal Welfare Statutes, was well received and led to a lively discussion between members of the two groups.  Lately, Beth's work has been focused on the legal aspects of animal agriculture, including an article on farm animal confinement laws that will be published in the upcoming edition of the Drake Journal of Agricultural Law
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