Agritourism:
Agritourism involves people visiting an agricultural operation for recreational purposes. Learn about the different opportunities available to Maryland farmers and legal issues that should be considered when starting an agritourism business.
- Opening a Distillery: Legal Details That Producers Need to Know by Mayhah Suri. August 2016.
- Microbreweries and the New Class 8 Farm Brewery License by Mayhah Suri. April 2015.
- Generic Waiver of Liability Form by Ashley Ellixson and Kathleen Tabor. October 2014.
Agricultural Liability:
Agricultural liability is the responsibility Maryland farmers have under the law. These readings discuss a range of laws including, fencing, livestock, and the right to farm.
- Farmers Market Vendor Agreement by Sarah Everhart. UME EM-5, March 2019.
- Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farm, Commercial Fishing, and Seafood Operators by Paul Goeringer and Dr. Lori Lynch, Department of Ag and Res. Econ. UME FS-973, Updated September 2017.
- Comprender la responsabilidad agrícola: La ley de derecho a la agricultura de Maryland puede limitar la responsabilidad de los operadores agrícolas, de pesca comercial y productos del mar de Maryland by Paul Goeringer and Dr. Lori Lynch, Department of Ag and Res. Econ. UME FS-973, Updated September 2017 (translated into español).
- Farmer-saved Seed: What is Legal? What is Not? by Dale Morris (MDA), Dr. Robert Kratochvil, and Paul Goeringer, FS-1064, June 2017
- Current Legal Rules Benefit Spray Applicators When It Comes to Pesticide Drift by Paul Goeringer. UME FS-1050, September 2016.
- Understanding Agricultural Liability: Premise’s Liability by Paul Goeringer. UME FS-1001, December 2015.
- Understanding Agricultural Liability: Legal Risk Management Considerations by Paul Goeringer. UME FS-995, May 2015.
- Legal Liability of Saving Seeds in an Era of Expiring Patents by Paul Goeringer. UME FS-1000, March 2015.
- Using a Business Organization Structure to Limit Your Farm’s Liability by Ashley Newhall and Paul Goeringer. UME EB-422, March 2015.
- Understanding Agricultural Liability: Livestock and Other Farm Animals by Paul Goeringer. UME FS-990, November 2014.
- Understanding Agricultural Liability: Maryland’s Right-to-Farm Law by Paul Goeringer and Lori Lynch, July 2013.
- Understanding Agricultural Liability: Maryland Fencing Law by Paul Goeringer. UME EB-419, October 2014.
- Landowner Liability and Recreational Access by Jonathan S. Kays. UME EB – 357, June 2008
- What Farmers Need to Know about the Worker Protection Standard by Neith Little and Sarah Everhart, FS-1090, June 2019.
Alternative Dispute Resolution:
Alternative Dispute Resolution ( ADR) refers to methods for settling disputes outside of the courtroom. ADR can include negotiation, mediation, and arbitration.
- Ensuring the Continued Viability of Rural Communities: Using Mediation to Settle Disputes by Mason Grahame and Paul Goeringer, Department of Ag and Res. Econ. AREC Fact Sheet, August 2017.
Community Supported Agriculture (CSA):
Community Supported Agriculture, or CSA, is an agreement between a member of the community and a producer to receive or give portions of a harvest. Information provided includes risk management, how to create a contract, and important aspects of the agreement.
Read More about CSA here.
Contracts
Contract law is an important part of agriculture law and impacts the lives of agricultural operators daily.
- Hemp Production Contract Checklist by Ryan Smith, Paul Goeringer, and Eliza Thomas. May 2021.
Debt/Bankruptcy Issues:
Debt can be a positive thing but can become an issue at some point. Publications here will cover issues associated with debt and bankruptcy.
- Debt Collection by Julie Walker, Research Assistant. April 2020.
- A Practical Guide to Chapter 12 Bankruptcy for Maryland Farmers and Fishermen by Julie Waker, Mayhah Suri, and Paul Goeringer. July 2020.
Direct Marketing
- Legal Guide to Direct Farm Marketing for Maryland Specialty Crop Growers by Sarah Everhart and Megan Todd. November 2020.
- Agritourism-Zoning-Matrix.xlsx by Samantha Fairbanks & Margaret Todd
Environment and Natural Resources:
Since farmers’ livelihoods are tied to the land and other natural resources, the laws designed to protect the environment can have ramifications for farm businesses.
- Model Water Quality Trading Agreement , by Sarah Everhart, Harry Huntley, and Elizabeth Johnson, FS-1150, November 2020.
- Reporting Continuous Release Emissions by Paul Goeringer, Jon Moyle, Jennifer Rhodes, and Kelly Nuckolls Winslow. Department of Ag and Res. Econ. February 2018.
- Agricultural Water Law in Maryland: The Water Appropriation Application Process and Use in a Time of Drought by Ashley Ellixson and Sarah Everhart. August 2016.
- When Can the Government Enter Your Farm? by Sarah Everhart, February 2015.
- State Review of Environmental Impacts Could Result in Mineral Leasing Opportunities in Maryland by Paul Goeringer and Lori Lynch. Department of Ag and Res. Econ.UME EB-418, May 2014.
For more publications on this subject, please visit our Environment page.
Farm Data:
Farm data has been a contentious point of debate with respect to ownership rights and impacts when access rights are misappropriated. One of the leading questions farmers ask deals with the protections provided to farm data. These readings cover variety of issues as it relates to the legal issues of farm data.
- Farm Data- Ownership and Protections by Ashley C. Ellixson and Dr. Terry Griffin. Department of Ag and Res. Econ. UME FS-1055, May 2016.
Farm Labor:
Farm labor includes fulltime and seasonal workers, and interns. Information provided discusses the laws and regulations associated with these employees.
- Developing Proactive Legal Strategies for Handling Protesters and Hiring Employees to Limit Legal Issues on Your Farm by Ellen Pearson and Paul Goeringer, UME FS-1163, December 2021. Supported by funding from the Maryland Soybean Board.
- Recordkeeping Self-Audit for H-2A Employers by Sarah Everhart. February 2019.
- Maryland Farm Internships and Labor Laws by Sarah Everhart. May 2016.
- Legal Responsibilities When Hiring Migrant Seasonal and H-2A Visa Workers Hiring Migrant Workers by Sarah Everhart. October 2015.
- A Guide to Agricultural Labor Laws: How Best to Comply with the Relevant Federal and Maryland State Standards by William Pons. April 2014.
Farm Leasing:
Farm leasing information about leasing protocol in Maryland and the documents necessary.
- Agricultural Leasing and Farmland Purchases in Delaware by Ryan Smith and Paul Goeringer, Univ. of Delaware Cooperative Extension, March 2022.
- ARRENDAMIENTO AGRÍCOLA EN MARYLAND by Paul Goeringer, Department of Ag and Res. Econ. UME FS-971, January 2013 (translated into español).
- Sample Maryland Pasture Lease Agreement by Margaret Todd, UME FS-1104, December 2019.
- Agricultural Conservation Leasing Guide by Sarah Everhart, UME EB-434, September 2018.
- Considerations for Equine Lease Agreements by Sara BhaduriHauck and Paul Goeringer, UME FS-1062, April 2017.
- Sample Lease Forms:
- How to Lease Your Land With a Conservation Easement by Mayhah Suri and Paul Goeringer. UME FS-1049, September 2016
- Fillable Poultry House Rental Agreement by Sarah Everhart. August 2015.
- Agricultural Leasing in Maryland by Paul Goeringer. Department of Ag and Res. Econ. UME FS-971, January 2013.
- Shellfish Aquaculture Lease Transfer Fact Sheet by Maryland Department of Natural Resources and UMD ALEI Program, April 2023.
- Shellfish Aquaculture Lease Transfer Powerpoint Slides by Elissa M. Torres-Soto, J.D., LL.M. Maryland Sea Grant and Agriculture Law Education Initiative Legal Policy Fellow.
Food Safety:
ALEI provides education and resources to Maryland farmers on food safety liability, Maryland Good Agricultural and Handling Practices, Produce Recalls, and the Food Safety Modernization Act (FSMA).
- A Guide to Drafting A Model Recall Plan for Maryland Produce Growers by Sarah Everhart and Ashley Ellixson, September 2017.
- Model Recall Plan by Sarah Everhart and Ashley Ellixson, September 2017.
- Adding Value to Specialty Crops: Regulatory Decision Trees for Maryland Producers, Margaret Todd and Sarah Everhart, December 2022.
- Qualtrics – Online Food Safety Decision Tree (link pending)
- Qualtrics – Online Processing License Decision Tree (by food type) (link pending)
- Qualtrics – Online Labeling Requirements Decision Tree (link pending)
For more resources on this subject, please visit our Food Safety page.
Farm Succession Planning:
Farm Succession planning refers to how a farm owner can transfer assets and responsibilities in different situations, including the death of relatives, changes in family structure, or handing off the farm to a new generation. Topics include estate planning and succession planning and the legal requirements in different planning situations.
- Estate and Succession Planning for Delaware Farm Families by Kelly Nuckolls Winslow. Feb. 2018.
- Finding An Attorney for Your Case Requires Asking the Right Questions by Paul Goeringer. UME FS-1097, Sept. 2019.
- It’s your Legacy: A Maryland landowner’s guide to conservation-based estate planning by Paul Catanzaro and Wendy Sweetser Ferris. 2018.
- Property Ownership and Transferring Are Important Features of Your Farm Succession Plan by Paul Goeringer. UME FS-1056, Feb. 2017.
- Choosing Your Will and Estate Planning Attorney by Maria Pippidis, Megan O’Neil-Haight, and Crystal Terhune. UME FS-925.
- Conservation Easements: A Useful Tool for Farm Transition and Estate Planning by Dr. Lori Lynch and Paul Goeringer. Department of Ag and Res. Econ. UME FS-974, September 2016
- Protecting the Family Farm in Divorce by Sarah Everhart. June 2016.
- Estate Planning For Maryland Farm Families by Dr. Lori Lynch, Paul Goeringer, and Dr. Wesley Musser. Department of Ag and Res. Econ. UME FS-972, April 2014.
- Estate Planning: Goals, Net Worth, and Final Instructions by Patricia Tengel. UME FS-414, 1996.
Legal Needs and Resources:
Legal needs and resources include readings about the needs of the Maryland Agriculture Community and a directory of legal services.
- Maryland State Bar Association Agriculture Law Section, 2020-2021
- Understanding the Diverse Legal Needs of the Maryland Agricultural Community by Paul Goeringer, Wanding Zhang, Lori Lynch, Stephan Tubene, and William Pons. August 2014.
Neighbor Relations:
Neighbor relations includes information about how both farmers and neighbors can communicate with each other.
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- Improving Neighbor Relations: Farmers Advise Farmers by Kurt Fuchs, Shannon Dill, Lori Lynch, and Jessica Jones. July 2007.
- Improving Neighbor Relations: Welcome to the Neighborhood: Living in a Rural Community by Kurt Fuchs, Shannon Dill, Lori Lynch, and Jessica Jones. 2007.
Zoning and Planning:
Zoning and planning is something many in the state need to be aware of when considering new uses on a property. These readings will cover potential zoning and planning issues.
- Solar Arrays & Maryland's Certificate of Public Convenience and Necessity (CPCN) Application Process by Margaret Todd. April 2020.
- Agritourism Zoning Matrix created and updated in collaboration with the Russell Brinsfield Interns
- Maryland State and Federal Permitting: Coastal Nature-Based Solutions for Shoreline Erosion Control in the Chesapeake and Atlantic Coastal Bays Critical Areas by Kai Hardy, J.D., and Elissa Torres-Soto, J.D.,
