AREC Extension Publications

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Now showing 1 - 20 of 31
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    2014 Farm Bill Makes Changes to the Noninsured Crop Disaster Assistance Program
    (2015-09) Goeringer, Paul; Leathers, Howard
    The Noninsured Crop Disaster Assistance Program (NAP) was established in 1994 and administered by USDA’s Farm Service Agency (FSA). NAP is a risk management tool for those producers growing crops not currently covered by a crop insurance product. The 2014 Farm Bill reauthorized NAP and made some dramatic changes to the program. NAP now offers coverage from the 50-percent level to the 65-percent level with producers able to buy-up coverage in 5-percent increments at up to 100 percent of the established market price. Prior to the 2014 Farm Bill, NAP had only allowed coverage at the 50-percent level and 55 percent of the established market price of the crop.
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    2019 Market Facilitation Program Available to Assist Producers Trade Disputes
    (2019-08-04) Millet-Williams, Nerice; Goeringer, Paul
    The U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) established the Market Facilitation Program (MFP) under Section 5 of the Commodity Credit Corporation (CCC) Charter Act in 2018. This section authorizes CCC to assist in the disposition of surplus commodities and to increase the domestic consumption of agricultural commodities by expanding or aiding in the expansion of domestic markets or by developing or aiding in the development of new and additional markets, marketing facilities and uses for such commodities. MFP provides direct payments to producers of specific products impacted by foreign tariffs. This program has been updated for 2019 to continue to assist growers impacted by trade disputes.
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    Commodity Program Choices by Maryland Farmers under the 2014 Farm Bill
    (2015-07) Leathers, Howard; Goeringer, Paul
    Quick overview of which programs Maryland farmers signed up for with the 2014 Farm Bill.
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    Conservation Land-Use Policy Toolkit
    (2017-06) Lewis, Rebecca; Newburn, David A.; Zlevor, Kelsey; Knaap, Gerrit
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    Considerations for Equine Lease Agreements
    (2017-04) Bhadurihauck, Sara; Goeringer, Paul
    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. While some verbal contracts are considered binding in Maryland, getting the agreement in writing is a good idea. A well-written lease can protect the owner (also called the lessor) and the lessee (the person leasing the horse) from liability and ensure both parties understand their rights and responsibilities. An equine lease can take many forms, depending on how the lease agreement is constructed. Consider the following items when preparing or reviewing a written lease agreement.
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    Crop Insurance For Maryland Field Crops And Livestock
    (2016-07-28) Harper, Jayson; Goeringer, Paul
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    Crop Insurance Option for Diversified Operations: Whole Farm Revenue Protection
    (2016-05-11) Goeringer, Paul; Leathers, Howard
    The 2014 Farm Bill authorized USDA’s Risk Management Agency (RMA) to develop a new type of revenue insurance product: Whole-Farm Revenue Protection (WFRP). WFRP provides a risk management tool for all commodities on farms with up to $8.5 million in insured revenue. WFRP is not intended for one specific crop such as corn, wheat, or soybeans like traditional revenue and yield insurance products, but is intended to cover all crops and livestock grown on a farm. This new product has replaced the Adjusted Gross Revenue (AGR) and Adjusted Gross Revenue-Lite policies.
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    Ensuring the Continued Viability of Rural Communities: Using Mediation to Settle Disputes
    (2017-08) Grahame, Mason; Goeringer, Paul
    Mediation, a form of alternative dispute resolution, has considerable advantages over litigation in terms of relationships among parties, finances, and time. Mediation can be a useful alternative to expensive litigation for many disputes. It encourages individuals to take responsibility for their issues by meeting to discuss both sides of the story openly, and properly identifying facts with a mediator in an effort to avoid expensive litigation. This publication covers Maryland's Agricultural Conflict Resolution Service through the Maryland Department of Agriculture. This USDA approved mediation program works to provide low-cost to free mediation services to resolve agricultural disputes.
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    Estimated Payments Under the 2014 County Agricultural Risk Coverage Program in Maryland
    (2015-07) Leathers, Howard; Goeringer, Paul
    Provides an estimate of potential payments by county for the 2014 Crop Year.
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    Farm Data: Ownership and Protections
    (2017-01) Ellixson, Ashley; Griffin, Terry
    The issue of 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. Although no specific laws or precedence exists, the possibility of trade secret is examined and ramifications for damages discussed. Farm management examples are provided to emphasize the potential outcomes of each possible recourse for misappropriating farm data.
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    Farmer-saved Seed: What is Legal? What is Not?
    (2017-06) Morris, Dale; Kratochvil, Robert; Goeringer, Paul
    Most wheat and soybean seed sold in Maryland is protected by either U.S. Patent Law or the Plant Variety Protection Act (PVPA). These protections severely limit the age-old practice of “farmer-saved seed” or prohibit it entirely, depending upon the protection the owner of the variety secures. The following will discuss the implications of Patent Law and PVPA on farmer-saved seed of wheat and soybeans.
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    Federal Crop Insurance Program Expands in 2016 and 2017 to Cover More Organic Crops
    (2016-07-21) Goeringer, Paul; Leathers, Howard
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    Finding An Attorney for Your Case Requires Asking the Right Questions
    (2019-09) Goeringer, Paul
    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.
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    Force Majeure Clauses: What Are They and Do They Apply in Issues Caused by COVID19?
    (2020-04-10) Goeringer, Paul; Thilmany, Elizabeth; Suri, Mayhah
    2020 has been a challenging year with the global economic shutdown from COVID-19 leading to disruptions in many industries. Agriculture has had its fair share of disruptions from this global pandemic. Such disruptions have raised questions for many of you about your contracts to supply farm products to businesses, such as restaurants or schools, that no longer need those products due to shutdowns. You may also have issues finding labor to help move products to customers. Contracts between suppliers and customers often include provisions called force majeure clauses. These clauses allow one or both parties in a contract to excuse the performance, in this case, the fulfillment, of the contract in certain situations.
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    Industrial Hemp Remains Illegal to Cultivate In Maryland Until Final Regulations and Research Programs Finalized
    (2018-06-25) Goeringer, Paul; Cook, Nicole; Nuckolls, Kelly; Ristvey, Andrew; Morris, Dale
    In 2016, the Maryland General Assembly first passed legislation allowing for the development of an Industrial Hemp Pilot Program in the state. That program was recently updated this year by House Bill (HB) 698 to allow farmers contracting with the Maryland Department of Agriculture (MDA) or Institutions of Higher Education (IHE) in Maryland to grow industrial hemp for research purposes. Production of hemp under the program must further either agricultural or academic research. While HB 698 becomes effective on July 1, MDA is currently developing regulations and applications required under this new law and IHE have not had sufficient time to develop research programs for industrial hemp production, which conform to the regulations. Until then, any grower attempting to produce industrial hemp in Maryland is still producing it illegally and faces potential criminal penalties.
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    Insuring Green Peas
    (2019) House, Meredith; Goeringer, Paul; Leathers, Howard
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    Legal Risk Management Solutions for Community Supported Agriculture in Maryland
    (2015-09) Suri, Mayhah; Goeringer, Paul
    Highlights the results of a survey conducted in the summer of 2014 by Maryland Department of Ag looking at the use of contracts and other risk management tools utilized by CSA operators in Maryland. The report also highlights workshops and materials developed by the Department of Agricultural and Resource and the Ag Law Education Initiative conducted in the winter of 2015. Finally, the report highlights state programs that verify CSA operators in California.
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    Management Tool of Last Resort: Bankruptcy Offers Protections to Qualifying Agricultural Operations and Fishermen to Restructure Business and Survive Tough Economic Times
    (2017-10-17) Grahame, Mason; Goeringer, Paul
    Agriculture like many businesses is full of risks: marketing, financial, production, labor, and legal risks. With each risk area, producers must develop strategies to manage those risks. To manage marketing risks, for example, a producer would develop a plan for how to handle crops grown over the course of the season to maximize profits. Managing financial risks may require a producer to purchase crop insurance to cover losses if a crop fails. But sometimes in an operation, the risks may outnumber the strategies developed to manage those risks, and the operation may experience significant financial losses. Bankruptcy is often a risk management tool of last resort for a farming operation. For many family farmers and fishermen, the idea of bankruptcy is enough to lose the benefits from avoiding filing in a reasonable time. Chapter 12 of the U.S. Bankruptcy Code has made business reorganization and debt repayment a much more streamlined process, allowing family farmers and fishermen to reorganize their operation to avoid total business collapse. Chapter 12 is useful for most farmers and fishermen seeking help under U.S. Bankruptcy Code. Chapter 7 and Chapter 13 is useful for debts of a single individual in business with unexpected business difficulties, and Chapter 11 may be used as a last resort when a debtor’s debt exceeds limits from other chapters, or are not qualified for a Chapter 12.