Understanding Agricultural Law

A Legal Educational Series for General Practice Attorneys and Business Advisors Representing Agricultural and Rural Clients

Penn State’s Center for Agricultural and Shale Law, partnering with the Pennsylvania Department of Agriculture’s Agricultural Business Development Center, is presenting “Understanding Agricultural Law: A Legal Educational Series for General Practice Attorneys and Business Advisors Representing Agricultural and Rural Clients.” This webinar series is specifically tailored to creating subject matter literacy and competence on fundamental issues of agricultural law for attorneys, advisors, and service providers to agricultural producers and agri-businesses.

Upcoming Webinars in the Understanding Agricultural Law Series

April 26, 2024, from 12:00 pm – 1:00 pm (ET)
Understanding the Basics of Producer Protections for Buyer Default
In the sale of agricultural commodities, a buyer’s failure to pay can significantly affect the producer’s ability to pay their own debts and fund future production. However, multiple statutory devices exist to ensure that producers receive payment for their commodities. This webinar will provide an overview of various legal mechanisms through which a producer may be paid when a buyer defaults—including grain dealers’ indemnification statutes, the statutory trust provisions of the Packers and Stockyards Act and the Perishable Agricultural Commodities Act, and milk dealer bonds—and discuss issues that arise from the processes. (Register)

Past Webinars in the Understanding Agricultural Law Series

March 22, 2024, from 12:00 pm – 1:00 pm
Understanding the Basics of Organic Production 
Under U.S. federal law, use of the term “organic” in reference to food is regulated by the U.S. Department of Agriculture under both statutory and trademark laws and generally means that the food was produced without synthetic pesticides or fertilizers. This webinar will provide an overview of the Organic Foods Production Act of 1990 and discuss the National Organic Program, including certification requirements, labeling standards, prohibited practices and the national list of allowed and prohibited substances, and livestock and poultry standards.

February 23, 2024, from 12:00 pm – 1:00 pm
Understanding Clean & Green Separations and Split-offs: Leasing, Subdividing, or Selling Enrolled Land
Pennsylvania’s Clean & Green Act allows Pennsylvania farmers and landowners to receive a preferential tax assessment based on their land’s use instead of its market value. However, program participants may be subject to roll-back taxes if they change their land use so that the land no longer qualifies for Clean & Green. This second Clean & Green webinar in the Understanding Agricultural Law series will provide an in-depth discussion of how participants may lease, subdivide, and sell land enrolled in Clean & Green while maintaining program compliance, including potential pitfalls and how landowners can safely navigate them.

January 26, 2024, from 12:00 pm – 1:00 pm
Understanding the Basics of Food Labeling
While food labeling helps consumers make informed choices about the food they eat, labeling regulations present a complex and ever-evolving web of requirements for American food manufacturers and distributors to navigate. This webinar will provide an overview of federal food labeling laws and regulations and the roles of the U.S. Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA) in regulating food labeling, and address key aspects of food labeling, such as labeling requirements, label approval, organic food labeling, and labeling of plant-based and genetically engineered foods.

January 12, 2024, from 12:00 pm – 1:00 pm
Understanding the Basics of the Perishable Agricultural Commodities Act
The Perishable Agricultural Commodities Act (PACA), enacted in 1930 in response to industry requests, serves as the primary federal law regulating fruit and vegetable marketing. The U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) administers PACA, which, according to AMS, “promote[s] fair trade” and “protects businesses dealing in fresh and frozen fruits and vegetables by establishing and enforcing a code of fair business practices and by helping companies resolve business disputes.” This webinar will provide an overview of the Perishable Agricultural Commodities Act, including a discussion of key provisions, such as the “unfair conduct” and statutory trust provisions.

November 17, 2023, from 12:00 pm – 1:00 pm
Understanding the Basics of the Fair Labor Standards Act 
The Fair Labor Standards Act (FLSA) provides the foundation for labor law in the United States. However, the FLSA provides several exemptions for agriculture, including exemptions from minimum wage, overtime, and child labor requirements. This webinar will provide an overview of the FLSA, discuss the law’s provisions relating to agriculture, and address state and federal efforts to amend or override FLSA agricultural provisions.

October 27, 2023, from 12:00 pm – 1:00 pm
Understanding the Basics of Federal and State Seed Laws 
Familiar to many U.S. producers, intellectual property law concepts and consumer safety concerns create the regulatory landscape underlying the very source of all U.S. commodities—seeds. This webinar will provide an overview of federal and state seed laws, including the federal Plant Variety Protection Act and the Pennsylvania Seed Act, and discuss restrictions on the purchase and use of seeds as well as legal issues associated with patented commercial seeds.

September 22, 2023, from 12:00 pm – 1:00 pm
Understanding the Basics of Pesticides
The use of pesticides in agriculture raises numerous legal considerations and involves understanding several key concepts, such as pesticide definitions, types, uses, and possible harmful effects—including pesticide drift, which occurs when airborne pesticides unintentionally spread beyond their intended target areas, potentially impacting neighboring properties, ecosystems, and human health.
This webinar will discuss the fundamental aspects of pesticides, covering key topics such as pesticide registration and labeling, certification and licensing requirements, and worker protection standards against pesticide exposure. Additionally, we will explore the legal concerns surrounding pesticide drift and tort protection.

*Exclusively for Basics of Pesticides webinar: Pennsylvania Pesticide Recertification Training Credits Available!

August 25, 2023, from 12:00 pm – 1:00 pm
Understanding the Basics of Milk Pricing
Although a popular maxim suggests that only a few people in the country really understand milk pricing under the Federal Milk Marketing Order (FMMO) system, the concept of FMMO pricing is readily clarified by one underlying objective—to create a uniform level of producer compensation by adjusting for the economic impact of the disparate market prices of the dairy products in which milk is used. While the FMMO system is administered by the U.S. Department of Agriculture (USDA), it was established through multiple referendums of dairy producers, who adopted the milk marketing orders. This webinar will provide an overview of the Federal Milk Marketing Order system and discuss related legal issues.

July 28, 2023, from 12:00 pm – 1:00 pm
Understanding the Basics of USDA Commodity Programs
U.S. Department of Agriculture (USDA) commodity programs have been a staple of federal agricultural policy dating back to the Great Depression. To counter the market fluctuations and risks inherent in U.S. commodity production as well as to provide an always important “safety net,” USDA has offered and continues to offer several programs to support commodity prices and producer income.
This webinar will discuss the basic operation of the traditional types of commodity programs, including countercyclical payments, marketing assistance loans, and the now-defunct direct payments. The webinar also will review specific commodity programs currently offered by USDA and discuss producer qualifications, payment structures, and other legal issues associated with these programs.

June 23, 2023, from 12:00 pm – 1:00 pm
Understanding the Basics of the Farm Credit System
Following the Homestead Act of 1862, farmers needed stable, low-interest credit to purchase land after most free land in the West had been claimed. After several attempts to provide a solution, in 1916, Congress passed the Federal Farm Loan Act, followed by the Farm Credit Acts of 1933 and 1953, and the current farm Credit Act of 1971, which established the framework for the current Farm Credit Administration and Farm Credit System. This system now serves as a vital source of credit and financial services for more than 600,000 rural and agricultural clients, servicing nearly one million loans in a portfolio worth more than $370 billion. 
This webinar will explain the structure, funding, and operations of the Farm Credit System (FCS), including the unique lending requirements imposed by Congress such as who is eligible for FCS services, how those services may be obtained, and many of the issues on which outside attorneys interact with the FCS, including real estate transactions, subpoenas, subordinations, easements, and solar leases. 

May 19, 2023 from 12:00 pm – 1:00 pm
Understanding the Basics of Landowner Immunity Statutes 
While owning property provides many benefits, landownership also exposes owners to potential liabilities for activities on their land, such as nuisance and tort lawsuits. However, Pennsylvania has enacted several laws to shield landowners from liability, but to receive protection, landowners are required to take certain actions required by those laws. This webinar will provide an overview of Pennsylvania’s landowner liability statutes—including Pennsylvania’s Recreational Use of Land and Water Act (RULWA), Equine Activity Immunity Act, and Agritourism Activity Protection Act—and discuss what protections they provide and what landowners must do to maintain liability protection under Pennsylvania law.

April 28, 2023 from 12:00 pm – 1:00 pm
Understanding the Basics of Agricultural Conservation Easement Programs
Agricultural conservation easement programs are a legal tool that has been used at the local, state, and federal levels to protect farmland and farming viability against development pressures. Through these programs, the government or some other entity purchases the development rights to agricultural land in exchange for the imposition of an agricultural conservation easement upon the land.
This webinar will provide an overview of, and background for, various state and federal agricultural conservation easement programs, including the recent consolidation of previous federal programs into one single program called the Agricultural Conservation Easement Program. The webinar will also address how land is identified, evaluated, and selected for easement programs as well as review the pros and cons of the various methods employed.

March 24, 2023 from 12:00 pm – 1:00 pm
Understanding the Basics of Farm Animal Handling & Confinement Laws
Over the past two decades, many states have enacted laws establishing and regulating confinement standards for farm animals, specifically laying hens, pigs, and veal calves. Recently, several states have passed legislation applying those confinement standards to in-state product sales—most notably, California’s Proposition 12, currently awaiting the Supreme Court’s decision in a Commerce Clause challenge by the National Pork Producers Council. This webinar will provide an overview and recent history of animal confinement laws, describe the current challenges facing them, and discuss other factors shaping animal confinement practices, such as retailer and consumer demand.

February 24, 2023 from 12:00 pm – 1:00 pm
Understanding the Basics of Pennsylvania’s “Clean & Green” Preferential Tax Assessment Program
Under Pennsylvania’s Clean and Green Program, qualifying Pennsylvania farm and forestland owners can receive a preferential property tax assessment based upon the land’s current use rather than its highest and best use. This webinar will provide an overview of Pennsylvania’s Clean and Green Program, explain eligibility and enrollment criteria, and review the restrictions on, and allowances for, changing land use once enrolled, including the assessment of roll-back taxes if a changed use disqualifies property from remaining enrolled.

January 27, 2023 from 12 noon – 1:00pm ET
Understanding the Basics of Agricultural Finance
This session will provide an overview of a range of legal topics within the field of agricultural finance, including agricultural lending, agricultural bankruptcy, and agricultural security interests. The sources of capital for agricultural operations will be discussed along with the special servicing options available for USDA Farm Service Agency Loans. Additionally, an overview of the bankruptcy chapters available for agricultural operations will be presented. Finally, agricultural liens and the Federal Farm Products Rule will be addressed within a discussion of agricultural security interests.

December 16, 2022 from 12 noon – 1:00pm ET
Understanding the Basics of Licensing & Regulation of Direct Agricultural Product Sales
This topic will cover the state laws and county/municipal ordinances that regulate the activity of producing and selling foods for human consumption, including health/food code licensing requirements for the storage, production and sale of food, sales tax licensing and collection, and other regulatory requirements that may apply in particular contexts, venues, or jurisdictions.

November 18, 2022 from 12 noon – 1:00pm ET
Understanding the Basics of Federal & State Conservation Programs
This session will summarize the history, progression, and current implementation of the leading federal and state soil conservation programs, which greatly impact water quality, and the entities that administer them, including USDA’s Natural Resources Conservation Service (NRCS), Farm Service Agency (FSA), Pennsylvania’s State Conservation Commission (SCC), and SCC’s county Conservation Districts. The recent Inflation Reduction Act appropriated more than $20 billion for conservation programs, signaling the importance of soil conservation and anticipated water quality improvement to agricultural policy and law nationwide, only to increase in the coming years. Learn or refamiliarize yourself with the details of these programs—which primarily work through voluntary participation—and how they impact the operations and planning of agricultural and rural landowners.

October 21, 2022, from 12 noon – 1:00pm ET
Understanding the Basics of Crop Insurance
Farmers are known as “price-takers” in normal times, dealing with perishable crops which generally must be harvested and sold in short and simultaneous windows of time across most of North America. Add to that the uncertainties of natural conditions like freezing temperatures, storms, heat, drought, natural disasters and market/labor disruptions and it can be more risky to invest capital in a crop or commodity than traditional financing and banking practices can accommodate. Hedging against all these volatile conditions is an absolute necessity, not a luxury, in agriculture. Crop insurance is an ever-changing set of tools against potential financial strains that are routine for farmers. New products are routinely developed to adapt to changing farming practices, like whole farm revenue policies and innovative livestock and dairy margin coverages. Learn about the basics of all the current products developed and backed by USDA’s Risk Management Agency.

September 23, 2022, from 12 noon – 1:00pm ET
Understanding the Basics of Livestock Market Regulation 
Agricultural markets have been the subject of varying degrees and methods of government regulation since the early 20th Century in order to ensure a safe and sufficient food supply, but also to level playing fields for individual producers and their unique “living” commodities. Now more than ever, the relatively unequal bargaining power of producers against large and consolidated market forces has come under scrutiny at all levels, including the Department of Justice and the White House. Learn the basics of the Packers and Stockyards Act and other market mechanisms such as mandatory price reporting that make agriculture a truly unique supply chain and one that is the center of so much current attention.

August 26, 2022, from 12 noon – 1:00pm ET
Understanding the Basics of Agricultural Cooperatives
Doing business through cooperatives has been part of U.S. agriculture and life in rural America since the 19th century. Any professional involved with agriculture in any capacity needs to understand the singularly unique business features of a cooperative, its governance and operational structure, revenue distribution and tax treatment under law. Lastly, agricultural cooperatives have a carefully crafted legal relationship to antitrust laws forged in the early 20th century that remains just as relevant a century later. This CLE offers the essential information to understand how cooperatives operate and why they are distinct from all other business forms.

July 22, 2022, 12 noon – 1 pm ET
Understanding the Basics of Statutory Protections for Agricultural Operations
Pennsylvania has several statutes that provide various protections to agricultural operations and rural landowners.  This webinar will address the Pennsylvania Right to Farm Act, the Agricultural Area Security Act, Clean and Green, and ACRE’s municipal ordinance review.

June 24, 2022, 12 noon – 1 pm ET.
Understanding the Basics of Local Land Use Regulation of Agriculture
To properly represent agricultural clients in land use regulation matters requires more specialized knowledge every year about agricultural structures and operations and the soil, stormwater and nutrient management requirements that apply. There are also some unique laws in Pennsylvania protective of agricultural uses, the understanding of which can make you invaluable to your clients.

May 20, 2022, 12 noon – 1 pm ET.
Understanding the Basics of Leasing Farmland for Energy Development
The present and future will see many agricultural/rural landowners faced with tough decisions about land use and income opportunities presented by energy transitions.  Gain an understanding of the ins and outs of leasing for gas and solar development to better serve current clients and build your skill set to take advantage of a growing market for professional advice in this area.

April 29, 2022, 12 noon – 1 pm ET.
Understanding the Basics of Agricultural Labor Laws
Every area of labor and employment law seems to have its own unique rules for agricultural workers. Increase your understanding of the Fair Labor Standards Act, OSHA, child, migrant and seasonal labor laws, the H-2A program, and much more.

Established as part of the 2019 Pennsylvania Farm Bill, the Agricultural Business Development Center supports Farm Transitions, linking farmers to the next phase of their life and their farm’s future; Beginning Farmers, providing advice and counsel to the next generation of agricultural producers; Risk Management, providing information on crop insurance and other opportunities for risk management; and Financial Assistance, connecting farmers with low-interest loan options and reimbursable grant programs.  This initiative seeks to build the “ag literacy” and competency of the existing network of legal, engineering, accounting, and other disciplines of business advisors available to farmers.