Quarterly Update March 2018

At Agronomy Days, we are often on the agenda alongside scientists from the University of Maryland who inform farmers on the latest results of agriculture studies and trials.  At ALEI, we know it can be hard for farmers to find time to devote to continuing education. We try our best to create and present timely, interesting and useful legal presentations.

Kelly Nuckolls Winslow and Sarah Everhart discussed “Easements & Rights-of-Way in Maryland” at the Washington County and Cecil County Agronomy Days, respectively. The presentation was created based on repeated questions from farmers about what they can and can’t do in areas of their farms under easement and the extent of their maintenance responsibilities in right-of-way areas. Winslow and Everhart were peppered with questions at both locations and hope operators left with a better understanding of this important topic.

Winslow and Paul Goeringer gave attendees at the Northern Maryland Field Crops Day and Carroll, Cecil and Queen Anne’s County Agronomy Days an overview of “Pesticide Drift Liability”. Winslow and Goeringer explained to the farmers in attendance the causes of action a person impacted by a pesticide drift claim may pursue, and ways to avoid being found liable for pesticide drift damages.

Goeringer also discussed “Seed Saving Laws” at the Central Maryland and Harford and Cecil County Agronomy Days. Goeringer has been educating farmers about this topic for the last few years and hopes that his efforts will prevent farmers from violating federal laws protecting seeds.

Winslow also shared her valuable tax knowledge with farmers at the Baltimore County Agronomy Day during her “Estate and Other Death Taxes” presentation. Farm related estate planning is a priority for many of Maryland’s farmers and Winslow gave attendees an overview of the major areas of estate related tax consequences and strategies to reduce estate tax exposure.

Everhart and Nicole Cook gave programs about the Food Safety Modernization Act (FSMA) and the Produce Safety Rule to operators at the Cecil and Lower Shore Agronomy Days. Although signed into law in 2011, FSMA and the Produce Safety Rule are only recently affecting Maryland’s farmers. Everhart and Cook present on this topic regularly to let farmers know what the law covers, who the law affects and what growers who are subject to the law need to do to be in compliance.

Cook also presented at the Mountain Top Fruit and Vegetable Growers and the Dorchester County Vegetable meetings on “Structuring Your CSA Member Agreement “ and “Legal Considerations for Farm Marketing” These presentations provided growers with  knowledge related to protecting their farms from the risks that come with direct farm marketing.

Although travelling long distances in the winter to speak to farmers can be arduous at times, we relish the opportunity to present information that farmers can take home to strengthen their operations. It also provides us with a nice opportunity to chat with farmers and hear about legal needs and concerns.

If you have a legal topic that you would like us to cover at an Agronomy Day or in another way (article, webinar, blog post, etc.), please don’t hesitate to get in touch with us via email at umaglaw@umd.edu or by phone at 410-706-7377.

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