Agriculture has become one of the most heavily regulated industries in the US, making it much more difficult than it once was to be a farmer or a rancher.
Laws in Play
Laws about starting up and operating any other business often come into play with an agricultural operation. For instance, the business may need to organized as a sole proprietorship, partnership, or some other business entity. There'll likely be licenses and permits you must get to operate legally.
If you're buying or leasing land, real estate laws need to be considered. Zoning and land use can be big issues, as well.
Employment laws come into play with seasonal labor and hired hands.
In addition, there are legal issues specific to agriculture that can be very complicated and difficult to deal with. On the farming front, for example, local, state, federal and even international laws can cover all aspects of who can farm what, when and how it can be farmed, where it can be farmed, and how it can be sold or brought to market.
Federal Law
Abraham Lincoln founded the United States Department of Agriculture (Department) in 1862. Since the Great Depression of the 1930's, the federal government has been increasingly involved in setting national policies in agriculture. There are hundreds of pages of federal laws covering practically every aspect of agriculture in the US. The Department is constantly developing new rules to carry out national policies adopted by Congress.
Some of the most common federal laws affecting agriculture include:
- Farm subsidy, price support and payment programs
- Marketing programs
- Environmental issues
- Rural development programs
- Reclamation laws
- Food safety laws
- Special tax rules
State Laws
Agriculture is affected by state rules and regulations, too. Although called by various names, every state has its own department that governs agricultural operations with the state. They create and enforce agricultural policies that may include:
- Implementing federal farm policies as they apply within the state
- Enhancing and protecting the ability of farmers and ranchers to produce food and fiber for the benefit of the general welfare and economy of the state
- Developing programs to maintain the economic well-being of agriculturally-dependent rural communities
- Adopting laws to prevent fraud and deception in the packaging or labeling, or in any phase of the marketing, of any agricultural products
- Managing the impact of farming or ranching on fish and wildlife preservation
Local Laws
Local agencies may also have a hand in regulating agricultural operations. Examples of local laws may include:
- Dates when crops can be planted and harvested
- Fertilizers, pesticides, herbicides, and other chemicals you're allowed to use
- Acreage limitations
- Labor and employment laws applicable to seasonal workers
- Water usage
- Zoning requirements
International Laws
Agriculture is an increasingly international business. For example, imports from South American now make it possible to offer many agricultural products to US consumers that usually were available on a seasonal basis only (like fresh fruit). International laws are coming into play a lot more, too. Such laws include:
Enforcement
Agriculture operations are watched over by many of the same law enforcement agencies and government agencies that have broad jurisdiction over business enterprises in general. That's because, as mentioned earlier, they usually have to deal with same things as any other business - labor and employment issues, licenses, etc.