Iriel Edwards (she/her) is a seed farmer and owner of Dancing Radicle Farm in Alexandria, Louisiana. Her passions for seeding justice in our food system and dismantling private property feed her excitement for cooperative ownership as it relates to assets like equipment and land. In this episode, Iriel speaks with her peer Lilli Voorhies of Bumble …

Sagan Gray (they/them) is a co-owner of Bramblenook Farm, a small vegetable production farm located in Scituate, Rhode Island on the unceded lands of the Narragansett, Pokanoket, and Wampanoag people. Their farm business has been in operation since 2019, and started fresh on collectively purchased land in 2022. In this episode, they share an honest…

Did you know that when a farmer starts drying herbs for tea or turning elderberries into syrup, a farm is potentially subject to different zoning or land use rules? In this podcast, Eva and Rachel help you avoid getting caught off-guard by exploring how and why zoning is a powerful decision making tool for navigating the legal transition point betw…

What makes for a good label on your teas and tinctures? In terms of risk management, a good botanical product label is one that satisfies the FDA. In this episode, Eva and Chloe walk you through the 6 key elements of creating labels for your botanical products to help you market your products with confidence. This is the second episode of a special…

Do you make and sell botanical products like tinctures and teas from herbs you grow on your farm? Understanding who regulates your product and the rules they enforce with your production, labeling, and marketing can be confusing. In this episode Rachel and Eva break down 3 key areas of botanical regulation you should be aware of when producing tinc…

In honor of Open Farm Employment Law Week beginning on Monday September 18th, we are re-releasing our podcast episode on Why Some Farms Pay Wages as Salary. Why the return? Because overtime pay rules continue to evolve across the country, and farmers and ranchers need to be aware. For example, Oregon’s overtime rule changed this year in 2023, requi…

This episode is a great listen for people with, or pursuing a lease that will last for five or more years. A lot can change over time, and ensuring that your lease is valid even if the land changes ownership can bring great peace of mind. Rachel walks us through three levels of resilience farmers and ranchers can pursue when it comes to securing th…

It's summertime and recreation is on the mind! The top 3 recreational uses we are seeing farmer landowners share with others are (1) nature recreation, like letting CSA members onto the farm for birding and hiking, (2) hunting access for friends and family that’s free or paid, and (3) foraging by individuals in the community. The big risk here is i…

Given the typical profit-driven nature of insurance, many farmers and ranchers approach crop and livestock insurance with caution. But is the caution necessary? In this episode we explore what sets crop and livestock insurance apart from other types of insurance. For a full transcript of this episode, please click here. Additional resources: Crop a…

Have you heard that it's good practice to lease your farmland to your farm or ranch business? Have you wondered why this is and what this would look like? Tune in because we've got answers for you! In this episode, we explore the advantages and disadvantages of this leaseback arrangement, including balancing the upside of the farm business having a…

Federally-subsidized crop and livestock insurance is an important risk management tool available to farmers and ranchers nationwide. However, some farmers may encounter barriers to purchasing a policy or filing a claim due discrimination on the basis of race and ethnicity, as well as other legally protected characteristics discussed in Episode 54: …

Food safety liability is basically the risk of someone getting sick from the food you’ve produced. This is a risk that often lurks in producers' minds because even when doing everything possible to produce and sell safe foods, there’s always the chance something can go wrong. Insurance is a key risk management strategy here to both cover damages re…

While federal crop insurance programs generally do not provide coverage for wild-crafted products that farmers might sell alongside their cultivated crops, farmer-foragers still have options to protect their income from foraged goods. In this episode Bonita and Kate share feedback from herbalists and farmers from across the nation about legal tools…

Injuries to farm and ranch owners while at work are common. Accidents can happen with PTO tractor attachments, trailers that get unhitched, gates that malfunction on you, the list goes on. These dangers can lead to lost digits and limbs, which impacts the business and the farmer or rancher’s future livelihood. A key question for owners to ask thems…

Martha McFarland (she/her) operates Hawkeye Buffalo & Cattle Ranch on her family’s farm in northeast Iowa. Her father started the ranch, but today Martha owns the business and operates it on land she rents from her niece. This arrangement took years of conversations with family, tax advisors, and attorneys- and it is ultimately what allows Martha t…

Stable long-term farmland access is essential for growing a sustainable agricultural business, but finding it is one of the biggest challenges facing farmers and ranchers today. Contributing factors to this pervasive issue are plentiful, and for Indigenous farmers, the difficulty of accessing their own ancestral lands adds an especially noxious lay…

Katie Nixon (she/her) is a farmer and local food systems champion who has been working with and for agricultural producers for over 13 years in the Kansas City region. She is a co-owner of Green Gate Family Farm and a founding farmer/member of The Kansas City Food Hub, a cooperative association founded in the state of Kansas in 2016. In this episod…

Deciding on which insurance policies to pursue can feel like a puzzle, and crop insurance is no exception. At Farm Commons, we believe that an informed decision is an effective decision. With the recent update to the federal Micro Farm crop insurance program, farmers and ranchers are building on their deep wisdom about what's best for their busines…

Do you have liability insurance that covers the operations on your farm or ranch? If so, what's your understanding of what that insurance covers? Do you know what steps you need to to take if and when you need to file a claim? If you're not sure or you need a refresher, don't worry and tune in! In this episode, we explain what crop and livestock in…

Figuring out how to pay yourself effectively can be daunting- don't do it alone! In this episode, Kate, Eva, and Rachel explore the two main was business owners can pay themselves: owner's draw and salary. Each has benefits and drawbacks, and you may need to use one or the other depending on your business structure. Tune in to learn how to pay your…

Hannah Hamilton (she/her) and her husband, Jim Buckle, are committed to raising healthy, vibrant soils and food at their farm in Unity, Maine. Almost a decade in business has taught them important lessons about business resilience, healthy relationships, and how to think about failure. In this episode, Hannah shares about The Buckle Farm’s journey …

Discrimination pervades many areas of life, and agriculture is no exception. While discrimination in the areas of farmland access and agricultural lending are well documented, discrimination in insurance is not often addressed. If you’ve encountered issues purchasing or updating a federal crop or livestock insurance policy, or had a claim denied wh…

Running payroll can be a confusing and frustratingly bureaucratic process for farmers and ranchers attempting to do it independently, but it doesn't have to be! In this episode we explore ways that farmers and ranchers can alleviate the administrative burdens of payroll. We discuss the pros and cons of solutions like payroll services, DIY payroll, …

As a farmer or rancher, you’re probably familiar with insurance for covering your workers from the risk of injuries at work. This includes workers’ compensation, which you may be required to have, and optional health insurance packages. However, what about your injuries? Are you covered in the case of injury from self-employment? Sometimes health i…

Working interviews, also known as trial interviews, can be an excellent way for both employers and prospective employees to learn if a job is the right fit. Tune in to learn about some risk management techniques to consider when using working interviews on your farm or ranch! In this episode we revisit the fact that anyone who does the work of a fo…

While Whole Farm Revenue Protection and the new Micro Farm Policy option provide more flexible crop insurance coverage options for small scale diversified farms, there are still crops that remain outside of coverage bounds. This is the case for foraged and wild foods products-- those ramps, wild mushrooms, pawpaws, nuts, and medicinal herbs growing…

The answer to questions like "Can I have an intern on my farm?" and "Does it matter what I pay them?" is actually quite straightforward. Before we get there, though, we clear the air about what an intern is in the eyes of the law and guide farm and ranch business owners through understanding whether their "intern" is actually a legal employee. Acti…

The H-2A temporary agricultural program allows US farm employers to hire workers from other countries to fill labor gaps on their farm or ranch. It can be an effective option for some farmers, as farmworkers are increasingly difficult to find domestically. But the program comes with additional costs, legal obligations, and ethical considerations th…

As the climate becomes more unpredictable, crop insurance becomes more valuable and necessary. For diversified producers, however, it hasn’t been easy to find. The good news is there is a new crop insurance option out there just for you! In this episode we’ll get you up to speed on Whole Farm Revenue Protection crop insurance and the new Micro Farm…

Unintentional or intentional discrimination can happen on farms and ranches, especially in the hiring process, but it’s something everyone has the power to manage and avoid. In this episode, we zoom in on avoiding discrimination during interviews with prospective employees. Staff attorney Chloe Johnson walks us through some of the dos and don'ts of…

Paying employees via salary, rather than an hourly wage, can be an enticing option for some farm business owners. It’s a way to avoid costs and simplify payroll. But this approach requires legal consideration. In this episode, we explain how paying employees via salary can be a strategic option for farmers and ranchers who are required to pay overt…

Leasing farmland is exciting. Getting onto farmland to begin or expand your farm business is a significant opportunity. However, the actual leasing process can be a bear — but it doesn’t have to be. In this episode, staff attorney Sarah Vaile breaks down what a lease is, how it functions, and the creative power you have to shape how it works. We al…

In this episode, we dive into the surprising efficiencies and improvements that farm employee handbooks can provide for your farm or ranch operation, featuring New Hampshire state specific examples. Whether you’re interested in establishing work expectations for bad weather, equitably managing requests for days off, or creating a disciplinary proce…

In this episode, we explore a hard topic in employment law — discrimination in hiring and firing on the farm, specific to New Hampshire law. While many farmers would never consider their employment practices discriminatory, the truth is that legal discrimination can creep in on even the most well intentioned farms. This is because there are persona…

Your business structure can be a revolutionary tool for organizing towards farm goals, and this is especially the case when farming together in pursuit of meeting shared needs and goals. In this episode we explore top business structure options for folks farming together: the corporation, limited liability company, and the cooperative. We discuss t…

Many romantic relationships and marriages are founded on a mutual admiration and desire for a farming lifestyle. Spouses farming together can live out shared values and goals through their work. Even where one person is the primary farmer, spouses often get pulled in to help out. Farming with a spouse, whether a true co-ownership or the occasional …

When farming with family, whether relatives, spouses, or both, there are 3 key legal topics to discuss together that will set the stage for how the farm business evolves as family members enter (through marriage or otherwise) and exit (via career change, divorce, disability, or just because): (1) decision making, (2) role and responsibilities, and …

This is an extra special episode where we explore alternative land access models with Ian McSweeney, Director of the Agrarian Trust. Ian has extensive experience in environmental education, real estate, farmland preservation, connecting farmers to land, and fundraising to support agrarian economies. In our discussion we cover the ins and outs of la…

Navigating land access in the U.S. system of white property ownership that is legally focused on wealth generation and preservation is a hard row to hoe, but there are non-traditional strategies farmers and farm advocates pursue every day. Of course, with those strategies come legal considerations and in this episode we explore the legal mechanics …

In this episode, we get into the subject of gleaning — the practice of collecting leftover crops from farmers’ fields after they’ve been commercially harvested in order to distribute that food to schools, food banks, and other recipients. This food recovery work weaves together important principles of food access and environmental sustainability, b…

In this episode, we explore a hard topic in employment law — discrimination in hiring and firing on the farm. While many farmers would never consider their employment processes discriminatory, the truth is that legal discrimination can creep in on even the most well intentioned farms. This is because there are personal characteristics, such as age,…

In this episode, we explore Farm Commons’ new membership program — why we have one, how it works, and how to join. You’ll hear insights into how our legal education work as a 501(c)3 non-profit organization has traditionally been funded over the past 8 years, and how the new membership program allows us to grow into our deeper goals of farmer accou…

In this episode, we explain and explore the many changes we’ve made to farm law education at Farm Commons in response to limitations of the global pandemic. We dive deep into our core mission of empowering farming communities to resolve your own farm business law issues in an ecosystem of support, and how that mission guided us in thinking creative…

In this episode, we cover three key strategies for managing the risks of contracting COVID-19 in the course of your farm business. As folks move indoors this winter and gather for holiday festivities, the likelihood of COVID cases increasing is high. If you haven’t gotten COVID yourself, you might know someone who did, and there’s of course the ris…

In this episode, Rich Lavigne, FC’s Staff Attorney for Special Projects, shares key highlights of the Coronavirus Food Assistance Program round 2 of funding. Hint: more specialty crops and farm products are eligible for COVID relief payments! Tune in to learn how payments are structured and how this might be a useful support to pursue for your farm…

Show Notes: Farmers have so much power to create the farmland access situations, business partnerships, and customer relationships of your dreams IF you take the time to talk things through, including the tough stuff. Hard conversations are necessary – there’s no getting around it. It’s the elephant in the room that we all know is there and its pre…

In this episode, Rich Lavigne, our Staff Attorney for Special Projects, shares innovaitve hiring tools farmers can utilize to meet their labor challeneges — hint: these tools are business structures! Tune into our conversation about the Innovative Labor Models project in collaboartion with New Entry Sustainable Farming Project, out of Tufts Univers…

Farming is tough, and starting a farm business during a global pandemic can be even tougher. In this episode, our staff member Taylor Coons shares key tips to help you start up your farm business with strong legal footing during this tumultuous time. We cover important conversations to have when leasing land and setting up your business structure, …

Agriculture in the United States was established on, with, and by the system of slavery – being the enslavement of black people by white people. Since the first people from Africa arrived on U.S. shores in 1619 into the system of enslavement, the legacy of oppression, racism, and discrimination has been passed down from generation to generation. To…

This is special podcast episode which is the first of a two part series on Starting a Farm Business During COVID-19. We hosted a webinar on this subject on May 20th, 2020, and in this episode we’ll be sharing the first half of that presentation, going over important legal considerations for land leasing and setting up a resilient business structure…