Agriculture Law

Agriculture has become one of the most heavily regulated industries in the United States, which makes it much more difficult than it used to be to be a farmer or a rancher.

Laws that apply to starting up and operating any other business will also come into play with an agricultural enterprise. The business will need to be organized as an operating business such as a proprietorship, a partnership, a corporation or a limited liability company. There will also be licenses and permits you must obtain to operate legally. Real estate laws affecting the purchasing or leasing of land will definitely be important. Zoning and land use can be big issues, as well. Employment laws will come into play with seasonal labor and hired hands.

In addition, there are legal issues specific to agriculture that can be exceedingly complex and difficult. 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 is can be sold or brought to market.

Federal Law

Abraham Lincoln founded the United States Department of Agriculture in 1862. Since the Great Depression of the 1930's, the federal government has been increasingly involved in setting national policies in agriculture. Title 7 of the United States Code now contains over a hundred chapters on national agriculture laws. The United States Department of Agriculture is continuously developing and implementing rules and regulations to carry out national policies adopted by Congress.

Prominent federal laws 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. Although called by various names, every state has its own department that governs agricultural operations with the state. They will establish agricultural policies that can include:

• Implementing federal farm policies as they apply within the state
• Enhancing, protecting and perpetuating the ability of farmers and ranchers to produce food and fiber for the benefit 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 packing or labeling, or in any phase of the marketing, of any agricultural products
• Overseeing ancillary programs on subjects such as fish and wildlife

Local Laws

Under delegated authority from the federal or state governments, local agencies will also govern agriculture. Examples of local laws would include:

• Dates when crops can be planted and harvested
• Allowable use fertilizers, pesticides, herbicides and other chemicals
• 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 consumers in the U.S. that have been available historically on a seasonal basis only (like fresh fruit). International laws are increasingly becoming relevant, as well. Such laws include:

• Import and export requirements
• Immigration laws
• Treaty and tariff restrictions

Who Enforces Laws Affecting Agriculture And What Can They Do?

Agriculture operations are subject to oversight by many of the same law enforcement agencies and government agencies that have broad jurisdiction over business enterprises in general. In addition, there are a number of agencies and operatives specific to agriculture, which include:

• Local agriculture commissioners
• State and federal inspectors

An inspector or agent in charge of overseeing an agricultural venture may very well have the power to shut down operations. In additions, fines, penalties and even incarceration may be possible.

Where Can Someone Go To Get More Information?

The government agencies that regulate agriculture are usually charged with the responsibility of making information available to farmers, ranchers and others businesses involved in agriculture. You may not agree with their advice or policies, but they are still a great source of information.

In addition, there are many trade associations, cooperatives, agricultural leagues and associations, state and local farm bureaus, water and other special districts, university and college extension programs, and other private organizations that cater specifically to agriculture.

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