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Farmers growing and selling fresh fruits and vegetables face unique challenges in receiving prompt and fair payment. This booklet discusses practical and legal steps that farmers can take to protect their right to be paid when they sell fresh fruits and vegetables. Sometimes, taking practical steps will be enough to ensure that a farmer receives prompt and full payment. In any case, a farmer who gets agreements in writing and who keeps detailed records will be in a better position to enforce his or her rights under the law. Farmers’ rights to be paid for their fruit and vegetable crops have three primary sources: (a) the farmers’ contracts with buyers, (b) state contract laws, and (c) the Perishable Agricultural Commodities Act. The Perishable Agricultural Commodities Act (“the PACA”) is a federal law designed to ensure fairness in the fruit and vegetable industry. To help farmers better understand their rights to be paid for their fruit and vegetable crops, this booklet will describe the legal protections farmers have under the PACA. Download complete article (1,254 KB) Federal Law Protects Farmers' Rights to Be Paid for Fruit and Vegetable Crops As a farmer selling fruit and vegetable crops, your right to be paid is typically governed by your agreements with the buyers of your produce. However, you have certain rights beyond those agreements under a federal law called the Perishable Agricultural Commodities Act, or “the PACA.” This 4-page handout provides a very general overview of protections for farmers under the Perishable Agricultural Commodities Act (the PACA). Download handout (128KB)
Farmers' Guide to GMOs The commercial production of genetically modified organisms, or GMOs, has created a legal minefield for American farmers and requires that farmers be particularly sure footed, says Farmers' Guide to GMOs, just released by the Farmers' Legal Action Group (FLAG) and Rural Advancement Foundation International-USA (RAFI-USA). Download the Complete Book (363 KB)
Some contracts for the sale of organic milk require farmers to agree not to disclose the terms of the contract with any other party. These contract clauses can discourage farmers from seeking legal advice, or from discussing farming or financial concerns with other farmers or financial advisors. Download the complete article (3,160 KB)
This guide reviews contracts for the sale of organic milk that were used in 2007. All of these contracts required that farmers have organic certification. But all of the contracts also included farm practice requirements that went beyond those required for organic certification. For example, requirements related to access to pasture are often spelled out in greater detail than is currently included in National Organic Program regulations. Additional requirements are generally lawful. Farmers should be sure that they understand how to comply with the additional requirements, and how they will show that they have complied. Download the complete article (425 KB)
Most organic farmers are aware that they may not plant genetically modified organisms (GMOs), or seeds developed through genetic engineering, if they wish to market their crops as organic. Yet many organic farmers have questions about their legal rights and responsibilities with respect to the unintended presence of GMOs. These questions relate to two basic interests of organic farmers: maintaining their organic certification and meeting the requirements of their buyers. This article examines requirements to avoid the use of genetic engineering that affect crop and livestock farmers who are certified organic, or who wish to become certified organic. The article also briefly addresses handling requirements as they apply to organic farmers. The article is concerned primarily with issues related to organic certification, but it concludes with a brief discussion of the ways in which sales contracts may impose responsibilities upon farmers that differ from the requirements for organic certification. Download the complete booklet (1,316 KB)
This article is a supplement to Farmers’ Guide to Disaster Assistance. It focuses on aspects of federal disaster assistance that are of particular relevance for organic farmers. The first part of the article discusses steps that organic farmers may take to plan for natural disaster. Advance planning may enable organic farmers to prevent or reduce the effects of natural disaster on their farms, prepare for the agronomic and financial impacts of natural disaster, and improve the resilience of their farms following a natural disaster. The second part of the article discusses federal programs that provide assistance to farmers in order to recover from natural disaster. In large part, these are the same programs discussed in greater detail in Farmers’ Guide to Disaster Assistance. However, organic farmers face some barriers to full participation in federal disaster assistance programs. These materials are aimed primarily at helping farmers to understand and participate in the programs as they exist now. But improving the accessibility and effectiveness of federal disaster assistance for organic farmers is important to individual organic farmers, and may be crucial to restoring local and regional food systems when natural disaster strikes. The article concludes by addressing questions farmers may have about how natural disaster and disaster recovery may affect their organic certification status. Most organic farmers have invested a number of years in achieving their “certified organic” status, and a loss of that status could have financial consequences for the farmer well beyond the loss of a single year’s crop. Download the complete booklet (984KB) Back to Top | Go to Disaster Page  Assessing the Impact of Integrator Practices on Contract Poultry Growers This report includes an analysis of a survey of broiler growers conducted in 1999, an analysis of the legal implications of provisions in 18 growout contracts, and an analysis of current state and federal laws affecting growout arrangements with recommendations for change. The project was a collaborative effort of FLAG, Dr. Lee Schrader of Purdue University, Dr. John Wilson of Duke University, the National Contract Poultry Growers Association, Professor Neil Hamilton of Drake University Law School, and Rural Advancement Foundation International-USA. Call for a free copy, or download the Complete Report (2.5 MB) Or download it in five smaller files Chapter 1 (1.6 MB), Introduction (includes cover and title page)
This guide contains detailed information on Chapters of the book may be downloaded from FLAG's Disaster page at no charge. A bound copy of the book is available by calling FLAG's office at 651-223-5400, or by using our order form. The charge is $40.00 plus shipping, through an online publisher. NOTE: There may be slight delays as the book initially goes to press in June, 2008.
Understanding Farmers’ Market Rules was written to help farmers understand their responsibilities and rights as vendors at a farmers’ market. Even though the details of farmers’ market rules may differ from market to market, there are a few commonly used rules that most often give rise to misunderstandings. The focus of the booklet is on preventing problems by improving understanding of market rules. The booklet offers practical suggestions farmers can follow to try to resolve problems that may arise. It also gives ideas on how to learn about other requirements that may apply to sales at a farmers’ market including federal, state, and local laws. View Understanding Farmers' Market Rules (858 KB)
This book serves as a guide to the many legal issues faced by farmers and rural landowners who seek to develop wind energy projects. The Farmers' Guide to Wind Energy: Legal Issues in Farming the Wind provides legal information for individuals developing wind projects, regardless of size. This includes farmer-owned large utility-scale wind farms as well as smaller on-farm or residential wind turbine projects. Legal issues covered in this guide include negotiating wind property agreements, siting a wind farm, liability risks associated with developing and operating wind turbines, project financing, choice of business structure, government incentives for wind development, and the tax consequences of these efforts. A bound copy of the book is available for $35 plus shipping and can be ordered through the FLAG Store on Lulu.com. Download the complete book (12,792KB) or download it in 15 smaller files:
This booklet provides a general overview of land- and wind-related property agreements and summarize some important issues to consider when negotiating them. These agreements affect significant property rights and can last far into the future. The information in this booklet is not legal advice and cannot substitute for a knowledgeable attorney who can review the details of particular agreements and consider the impact of relevant federal, state, and local laws. Download complete booklet (949 KB)
This is a guide to existing state and federal policy incentives that specifically seek to promote the local benefits of wind energy developments. The report covers laws from Colorado, Iowa, Minnesota, North Dakota, Oregon, and the federal government that impact where and to whom the benefits of new wind energy developments flow. A free copy of the Community Wind report can be requested by calling FLAG’s office. Minnesota callers should dial FLAG’s office at 1-877-860-4349. For out-of-state callers, the number is 651-223-5400.
For most family farmers, passing a successful farming operation on to the next generation is important for many reasons, including preserving a particular heritage and way of life. Managing Debt to Prepare for a Farm Transfer provides an introduction to key estate planning concepts for the family farmer, with an emphasis on planning for how a farm debt is handled after the farmer’s death. This booklet provides specific information for farmers who have direct loans from the U.S. Department of Agriculture’s Farm Service Agency (FSA). Download the booklet here. (207 KB) The Environmental Quality Incentives Program (EQIP) is a voluntary conservation program for farmers and ranchers administered by the Natural Resources Conservation Service (NRCS) within USDA. This booklet is intended to provide general legal information based upon the laws and policies in effect as of June 2007. Download the booklet here. (4,705 KB) 
Farmers' Guide to FmHA A guide that explains in lay terms the rights of farmers and ranchers who borrow from FmHA. Contains detailed explanations of many topics that were not covered in the first three editions, such as guaranteed loans, conversion, and the classification and sale of inventory property. Contains extensive footnotes to the FmHA regulations and is suitable for use by attorneys, legal assistants, farmers and ranchers, and advocates. Approximately 440 pages. (Note that this was published in 1990, and while it is useful for explaining farmers' rights as of that time, much of the material is now out of date.) ($26.00). 
Farm to Market: Farm to Market: Legal Issues for Minnesota Farmers Starting a Processing or Marketing Business (2001). A series of booklets discussing some of the most important legal issues that arise for Minnesota farmers seeking to develop an agricultural processing or marketing business. Booklets include: (1) Introductory Issues, (2)Choice of Business Entity, (3)Cooperatives, (4) Corporations, (5)Partnerships, (6)Limited Liability Companies, (7)Owner Agreements, (8) Employment (not yet available), and (9) Minnesota Financial and Technical Resources. $39.00 for the set. 
Farmers' Guide to Minnesota Lending Law Credit is the lifeblood of farming. Farming without a working knowledge of lending law - or the resources to buy legal assistance - can have devastating results. Serious price, production, and weather difficulties almost always become credit problems. The stark and ongoing reality is that many mortgaged farms are lost or nearly lost to foreclosure, property pledged as collateral is repossessed, judgment liens are entered - and the livelihood of Minnesota's family farmers is threatened in these circumstances. Credit problems are almost always legal problems. In an ideal world, the law would be clear enough and the legal system fair enough that everyone would be on a more or less even footing in legal matters. Unfortunately, the law can be complicated, and even where the law is simple at its core, legal language is confusing and difficult. This updated and revised edition of Farmers' Guide to Minnesota Lending Law gives farmers timely information on important lending law topics. A bound copy of the book is available without cost to financially distressed Minnesota farmers by calling 1-877-860-4349. For other persons, the charge is $20 per book plus shipping, and orders can be placed by clicking here. Download the complete book (2.3 MB) or download it in seven smaller files:
Through oral history narratives, Breaking Hard Ground tells the stories of Lou Anne Kling, Anne Kanten, Albert and Pearl Gamradt, and other activist farmers during the 1980s farm crisis. Also central to the story is the role of legal services attorneys, and most especially the legal work that led to the formation of FLAG. Jim Massey, Lynn Hayes, Randi Roth, and Susan Schneider tell their stories in the book, and Jim Massey comments that FLAG's collaboration with the farm advocate program provides a model process for practicing public advocacy law. How this model program worked is explained throughout the book. During the time covered by the book (the 1980s), Lou Anne Kling directed the farm advocacy program, Anne Kanten served as deputy and assistant commissioner of agriculture in Minnesota, and FLAG attorneys provided training and advice to the farm advocates. While the book was not written or published by FLAG, essential parts of FLAG's story are told in the book. Paperback: $10.60 (includes shipping) Mediation From the Farmer's Perspective Explains the rights and obligations of the farmer and the lender under the Minnesota farmer-lender mediation law. Provides general advice for planning and participating in the mediation process. (For MN residents only) (copy charges apply). 
The Agricultural Credit Act of 1987 Provides a thorough analysis of the act, including borrowers' rights with FmHA and FCS, FmHA's debt restructuring and homestead protection programs, the new FCS structure, how the act affects bankruptcies, the secondary mortgage market, and more. Also answers commonly-asked questions about the new law. 110pages. ($10.00). A Guide to Borrower Litigation Against the FCS and the Rights of FCS Borrowers A survey of both the recent litigation against Farm Credit System (FCS) lenders and the statutory and judicially-created rights of borrowers of those institutions. Describes a wide range of legal theories used by borrowers in suing their FCS lenders. ($15.00). Judicial Review of FmHA Actions An in-depth discussion of the process by which a federal district court reviews actions taken by a government agency. Includes a summary of relevant sections of the Administrative Procedure Act and an index of judicial review cases. ($10.00). Outline of Conservation Programs Required by the Food Security Act of 1985 Explains in detail the conservation programs and conservation compliance rules that farm program participants must follow. ($6.00). Farm Bankruptcy Considerations A basic article about bankruptcy. Includes sections on common misunderstandings about bankruptcy, questions about farm bankruptcy, and an introduction to Chapter12 bankruptcy. ($5.00). Legal Analysis of the Organic Foods Production Act Analyzes the role of the private organic industry in the national organic certification program. Analyzes the appeals section of OFPA to determine if it adequately protects the rights and interests of organic producers/handlers and private certifying agents adversely affected by an organic certification program determination. ($15.00). Poultry Grower Articles Packet A packet of contract farming articles published in Farmers' Legal Action Report. Includes: Rule of Reason This packet includes all policy statements known to FLAG written by FmHA from December9, 1988, through January9, 1989, concerning what constitutes an adequate response to the debt restructuring packets. ($16.00). Farm Credit System Information Packets FLAG maintains a library of materials relating to the Farm Credit System. If you would like to see a list of those materials, just let us know. Farmers' Guide to FDIC A guide for farmers who had loans at banks that failed. Explains FDIC's structure, goals, and roles; FDIC's policies; FDIC’s effect on you and your community; and tactics that work in dealing with FDIC. 54 pages. ($7.00). Impact of the 1990 Farm Bill On ASCS-Administered Farm Programs The 1990 Farm Bill is a complex statute affecting many programs administered by various USDA agencies. This outline focuses on the portion of the 1990 Farm Bill that affects ASCS-administered farm programs. ($6.00). |
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Thank you for visiting FLAG's web site. Please note that the information located on this site is not intended to provide specific legal advice. You should consult an attorney and not rely on any information contained herein regarding your specific situation. 
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Summaries of significant agricultural law court cases around the country.
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