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NC State Extension

Agribusiness Law

Agribusiness Law generally describes the federal, state and local laws, taxes and regulations concerning the production, sale, transportation and processing of agricultural food and fiber products of all kinds (crops, plants, livestock, etc.). Agribusiness Law key words and phrases include: Production contracts, production incentives, Risk management and insurance, production contracts, food safety, agritourism liability, debtor/creditor law, Farm labor, transportation, limited liability companies, corporations, leases

BUSINESS ORGANIZATIONS and AGREEMENTS

This section contains topic narratives and sample agreement language concerning organization of business assets and management, including agreements concerning transfer of business interests. Key Words: limited liability company, partnership, corporation, sole proprietorship, buy-sell agreement, business valuation, stock purchase agreement.

TAXES, LICENSING, AND ZONING

This section provides discussion of various local licensing issues, including remittance (or exemption) from sales taxes for farms, required licensing (e.g. alcohol), and applicable zoning (including exemption as a bona fide farm). Key words: sales tax, value added, produced on a farm, bona fide farm, building permits, property taxes, present use value, ABC permit, certified kitchen, extra-territorial jurisdiction

EMPLOYMENT and LABOR

This section covers the application of labor laws as applied to farming and agriculture. Key words: Fair Labor Standards Act, Migrant and Seasonal Worker Protection Act, H-2A Program, Workers Compensation, Employee, Contractor, Child Labor, Immigration, E-Verify, Worker Safety, OSHA, FIFRA.

DIRECT CUSTOMER and FARM VISITOR LIABILITY (Agritourism)

This page provides narratives and presentations concerning the extra liability faced by agritourism operations and other farming situations where non-employees are invited to the property, and where farms are otherwise in direct sales contact with customers. Key words: 99-E, negligence, assumption of the risk, agritourism sign, equine operation, livestock event, insurance, risk management, cow share agreements.

COMMERCIAL and FINANCE LAW

This page hosts information on commercial legal matters, including contracts, liens and debt obligations, agricultural finance, bankruptcy, asset protection. Key words: production contract, GIPSA, PACA, Chapter 12 bankruptcy, lien priority, direct loan, guaranteed loan, machinery leases, UCC

ENVIRONMENTAL REGULATION and LITIGATION

This page covers matters of environmental regulation at the state and federal level concerning pesticide use and disposal, as well as other matters including water quality, nutrient management regulation in including swine, dairy and wet poultry waste management regulation and litigation. Key words: general permit, Waters of the United States, WOTUS, Clean Water Act, Federal Insecticide Fungicide and Rodenticide Act, FIFRA, Emergency Planning and Community Right-to-Know Act (EPCRA), nuisance, trespass, drainage, buffer, RCRA, waste management, PFAS, restricted use, Environmental Protection Agency

Written By

Robert Branan, N.C. Cooperative ExtensionRobert BrananExtension Assistant Professor (Agricultural and Environmental Law) Call Robert E-mail Robert Agricultural & Resource Economics
NC State Extension, NC State University
Page Last Updated: 2 months ago
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