Ag Law

2014 marked the expiration of Monsanto’s patent on the first generation Roundup Ready© technology. But, this expiration does not mean that farmers using seed from first generation Roundup Ready© technology will be able to save harvested seed for planting a subsequent crop. Many seed companies utilizing this technology may consider other federal law protections afforded them. One such protection would be the Plant Variety Protection Act (PVPA). Another protection would be the use of contracts. A company also may look at utilizing patent law to limit seed saving. You will need to consider each one of these to determine if saving the seed is allowed. Author: Paul Goeringer; Title: Legal Liability of Saving Seeds in an Era of Expiring Patents (FS-1000)

Offering a horse for lease can be a good option for an owner who is unable to ride or care for their horse due to physical, time, or financial constraints but still wishes to maintain ownership. A lease can be an alternative to selling the horse, a way to cut maintenance costs, or an avenue to ensure the horse remains in work. An equine lease can take many forms, depending on how the lease agreement is constructed. This publication includes information on the factors to consider when preparing or reviewing a written lease agreement, as well as case studies that describe the terms of the leases. Authors: Sara BhaduriHauck and Paul Goeringer; Title: Considerations for Equine Lease Agreements (FS-1062)

Selecting an attorney to represent you is not always an easy prospect especially if it is your first time needing legal help. You may not know how to go about finding the right attorney or what questions to ask. Does the attorney have experience handling cases like yours? Do you understand how the attorney will bill you? Are you paying a flat fee or being billed hourly? Selecting the right attorney and understanding expectations on both sides will hopefully lead to a successful attorney-client relationship. Author: Paul Goeringer; Title: Finding An Attorney for Your Case Requires Asking the Right Questions (FS-1097)

The publication provides a general overview of previous court decisions related to fencing in agriculture and examples of county ordinances that impact fencing duties.  For example, counties potentially have ordinances that impact the maintenance and construction of fences, specify how costs should be split between neighboring landowners, and liens to force non-paying landowners to pay their share of the costs. Author: Paul Goeringer, Title: Understanding Agricultural Liability: Maryland Fencing Law (EB-419)

Managing legal risks can mean following a well-thought-out process to hire new employees, correctly training new employees, allowing them additional training to stay current on the most recent chemical application and animal welfare practices, and developing other proactive strategies to limit legal challenges impacting a farm operation. This publication assists readers in better understanding what can go into this process. Title: Developing Proactive Legal Strategies for Handling Protesters and Hiring Employees to Limit Legal Issues on Your Farm (FS-1163). Author: Paul Goeringer, Ellen Pearson

Many individuals moving into agricultural areas in Maryland have no farm backgrounds and little understanding of agricultural operations. The same is true of commercial fishing and seafood operations in Maryland. Once there, the new residents may find the noises, insects, farm equipment on the roads, smells, and other characteristics of agricultural and commercial seafood life unexpected and objectionable. While neighbors should consider working together and developing open lines of communication to find solutions, in some cases, this cooperative approach may not work. In response, Maryland introduced a Right-to-Farm (RTF) law in 1981. All 50 states have RTF laws which typically shield agricultural activities from complaining nonfarm neighbors by limiting the scope of and providing a defense for nuisance actions brought against farms and other agricultural operations. In 2014, Maryland extended these protections to commercial seafood operations and watermen. Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farm, Commercial Fishing, and Seafood Operators by Goeringer and Lynch (FS-973, Published 2017) educates producers on the issues associated with Maryland's Right-to-Farm law.

This fact sheet can serve as another tool in a farmer’s risk management plans by providing information on how farmers can protect themselves from legal challenges from a nuisance or violation of an environmental permit. The information discussed in this fact sheet will not eliminate threats of lawsuits. Elimination of 100 percent of legal risk is not possible. Understanding Agricultural Liability: Legal Risk Management Considerations is available here http://drum.lib.umd.edu/handle/1903/16345. Author: Paul Goeringer, Title: Understanding Agricultural Liability: Legal Risk Management Considerations (FS-995)