Extension Fact Sheet: Child Labor Law & Agriculture

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I recently published an Extension Fact Sheet on the subject of child labor laws and agriculture.  This is a complex topic and one of which many producers need to be aware.  To download a copy of the fact sheet, click here.

Pesticide Drift Liability (Part 3): Practical Advice for Farmers & Ranchers Using Pesticides

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Today we will conclude our three part series on pesticide drift liability.  In case you missed them, Part 1 focused on potential legal claims that could be made against a landowner and Part 2 looked at whether a landowner could be liable for the acts of an independent contractor.  This post will wrap things up with some practical advice for those landowners who spray pesticides as part of their farming or ranching practices. Use common sense when spraying. Using simple common sense can avoid numerous issues when it… Read More →

Upcoming Leasing Workshops Hosted by Agrilife Extension

Texas A&M Agrilife photo by Steve Byrns

Writer: Kay Ledbetter, 806-677-5608, skledbetter@ag.tamu.edu Contact: Tiffany Dowell Lashmet, 806-677-5668, tiffany.dowelllashmet@ag.tamu.edu AMARILLO – Three Rancher Leasing Workshops covering grazing, hunting and livestock leases will be held in June in Stillwater, Oklahoma, Fort Worth and Amarillo. The free workshops will be hosted by Texas A&M AgriLife Extension Service and funded by the Southern Extension Risk Management Education Center, said Tiffany Dowell Lashmet, AgriLife Extension agricultural law specialist in Amarillo. “Although leasing of land for grazing and hunting, as well as leasing of livestock, is prevalent across Texas, Oklahoma and… Read More →

Pesticide Drift Liability (Part 2): Landowner Liability for Independent Contractor

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In Part 1 of this series, we focused on potential legal claims that could be brought against a landowner if spray drift occurred.  An important related question exists for any farmer or rancher who uses independent contractors, like an aerial applicator for example, to apply the pesticides.  Can the landowner be liable for the acts of his independent contractor?  This is a critical question that has not yet been answered by the Texas Supreme Court.   What is an independent contractor? The starting place for any discussion of… Read More →

Pesticide Drift Liability (Part 1): Potential Legal Theories

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This time of year, questions pop up regarding the potential liability when pesticides drift onto another’s property.  For the next couple of weeks, we will look at various issues regarding spray drift liability.  This series will focus only on civil claims brought between landowners, but it is important to note  the Texas Department of Agriculture enforces rules regarding spraying and can bring administrative action against persons who fail to comply with these regulations.  Producers should always ensure they follow the label instructions and TDA regulations when spraying any pesticide…. Read More →

May 6, 2016 Weekly Round Up

Photo by Wyman Meinzer

Welcome to May!  I hope everyone had a great week.  Here are some of the ag law stories in the news. * Suggestions offered in review of Texas Railroad Commission.  The Sunset Advisory Committee–a legislative body that reviews agencies–has published its report offering suggestions for changes needed at the Texas Railroad Commission.  First off, the committee recommended the agency’s name be changed to the “Texas Energy Resources Commission” to clarify that the agency governs oil, gas, mining and intrastate pipelines, rather than railroads.  The committee also suggested changes… Read More →

Landowner Attorney Discusses Private Property Rights

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If you were not at the 2016 Texas & Southwestern Cattle Raisers Convention, it looks like you missed a great presentation by San Antonio attorney and third-generation rancher, Joseph Fitzsimons.  Fortunately, Colleen Schreiber published a great article recapping the presentation for Livestock Weekly magazine.  With their permission, I am republishing Colleen’s article here. Landowner Attorney Discusses Water Rights At TSCRA Meeting By Colleen Schreiber FORT WORTH — Landowners have won some important legislative and court battles in the property rights arena of late. Third-generation rancher and attorney Joseph… Read More →

April 29, 2016 Weekly Round Up

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I want to apologize for the lack of blog posts over the last couple of weeks.  We had a death in our family and have been dealing with all that goes with that situation.  I hope to be back in the saddle with posts back to normal next week.  For now, here are a look at some of the ag law stories in the news this last week of April. * WOTUS Ruling Not Coming Anytime Soon.  Ag Professional recently published an article discussing the likely timeline for… Read More →

Violations of Veterinary Feed Directive Could Lead To Stiff Penalties

kay dairy

The Veterinary Feed Directive has been in the news a great deal lately.  This prior blog post explained the rule and the impacts it will have on producers.  One important issue, however, has not been frequently discussed.  What are the potential penalties faced by a person who violated the rules of the Veterinary Feed Directive? Background The Veterinary Feed Directive will make three significant changes to how medicated feed may be used by livestock producers.  First, many drug labels are currently being modified to limit the use of… Read More →

April 15, 2016 Weekly Round Up

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First, I want to apologize to those of you attending the Texas and Southwest Cattle Raisers Convention for my absence last Friday.  We had a family medical emergency pop up on my way to Ft. Worth that required me to turn around and come home.  I’m happy to report that all is well now and hopefully my husband’s grandfather is on the mend.  Second, it’s been another busy week in the ag law realm. Here are some of the key stories in the news. * Texas Water Development… Read More →