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Not Every Lease of Land is an Agricultural Lease
Shepherd and Wedderburn LLP, September 2021

When is an agricultural lease not an agricultural lease? An agricultural lease provides a tenant with various rights, including security of occupation for the agreed length of the lease. That might be for five or 10 years or longer under a fixed duration tenancy or even for the foreseeable future, if the lease is a traditional lease entered into before November 28 2003. However, not every lease of land is an agricultural lease. Whether it is or not depends on the purpose of the lease...

National Treasury Set to Limit Assessed Tax Losses: Agricultural and Mining Sectors Among those Industries to Bear the Brunt
ENSafrica, September 2021

  The National Treasury (“NT”’) published its draft Taxation Laws Amendment Bill with accompanying Explanatory Memorandum on 28 July 2021 (the “draft Bill”). By now it is well known that the draft Bill contains a fairly radical proposal: section 20 of the Income Tax Act, 1962 (“the Act”) will be amended to limit the amount of an assessed tax loss that may be set-off against taxable income...

Health and Safety in Agriculture: Farmers Urged to Make Safety a Priority
Shepherd and Wedderburn LLP, August 2021

Health and safety issues in the agricultural and rural sector are a matter of considerable concern. The Health and Safety Executive (HSE) is urging farmers to make safety a priority to reduce the number of injuries and fatalities in the sector. This recent campaign was prompted by four fatalities over a fortnight, coming only weeks after Farm Safety Week...

China Enhances the Protection of Plant Variety Rights
Deacons, August 2021

Did you know? A new judicial interpretation issued by China’s Supreme Court took effect on 7 July 2021. The interpretation clarifies the application of the law in disputes over the infringement of plant variety rights (PVRs)...

Agricultural Tenancies Update
Shepherd and Wedderburn LLP, July 2021

Bob McIntosh, the Tenant Farming Commissioner, spoke at a conference on agricultural law at the beginning of June and gave a useful update of his activities and a range of issues surrounding agricultural tenancies. He had received 139 inquiries from agricultural landlords and tenants and their agents during the course of 2020 – a marked increase on the previous two years. The majority were from tenants (47 per cent) or their representatives (27 per cent)...

A Farmer's Guide to the EU Settlement Scheme and Skilled Worker Visas
Shepherd and Wedderburn LLP, June 2021

Free movement of workers from the European Economic Area (EEA) was ended by Brexit and the UK Government introduced the EU Settlement Scheme to bridge the gap between the UK’s two immigrations systems of those coming from the EEA, and those coming to the UK from outwith the EEEA. The EU Settlement Scheme is a mechanism for any EEA citizen who lived in the UK before 31 December 2020 to remain lawfully in the UK...

Are Controversial Scottish Agricultural Rent Reviews Set for Change Again?
Shepherd and Wedderburn LLP, June 2021

Agricultural rent reviews have been a source of controversy within the industry for many years. After a period of 15 years or so where there was little rent review activity in the agricultural tenanted sector between the early 1990s and the mid-2000s, a sharp spike in commodity prices during the course of 2007 led to a large number of rent review notices being served...

Panama: Changes to the Requirements for the Temporary Residence Permit and the Permanent Residence Permit as Forest Investor
Morgan & Morgan, June 2021

The Ministry of Security, through theExecutive Decree No. 199 of May 7th, 2021(hereinafter the “Decree”), adjusts the requirements for obtaining atemporary residence permitand apermanent residence permitas a Forest Investor, as follows: The forest investor residence permit may be requested in the following modalities: (i) temporary residence permit, (ii) permanent residence permit in 2 stages, and (iii) permanent residence permit in 1 stage...

Proposed Farm Workforce Modernization Act Holds Promise for Immigrant Farmworkers
Hanson Bridgett LLP, June 2021

On March 18, 2021, the U.S. House of Representatives passed the Farm Workforce Modernization Act of 2021 (HR 1603) (FWMA).1 The proposed FWMA would streamline the H-2A temporary agricultural worker program, providing a path to legal immigration status for undocumented farmworkers and their family members. The FWMA would also require all agricultural employers to electronically verify the employment eligibility of their workers...

Aftermath of Martinez-Cuevas v. DeRuyter Brothers Dairy: ESSB 5172 and Overtime Pay for Agricultural Workers
Schwabe, Williamson & Wyatt, April 2021

Washington’s Supreme Court disrupted the state’s agricultural industry on November 5, 2020, when it held that the agricultural overtime exemption at RCW 49.46.130(2)(g) violated the state’s constitution as applied to dairy workers. As a result, all dairy employers immediately had to start paying their workers overtime at a rate of 1.5 times their regular hourly rate. While not explicitly addressed, the Martinez-Cuevas v...

Aftermath of Martinez-Cuevas v. DeRuyter Brothers Dairy: ESSB 5172 and Overtime Pay for Agricultural Workers
Schwabe, Williamson & Wyatt, April 2021

Washington’s Supreme Court disrupted the state’s agricultural industry on November 5, 2020, when it held that the agricultural overtime exemption at RCW 49.46.130(2)(g) violated the state’s constitution as applied to dairy workers. As a result, all dairy employers immediately had to start paying their workers overtime at a rate of 1.5 times their regular hourly rate. While not explicitly addressed, the Martinez-Cuevas v...

New Regulation on Conditions for the Treatment and Disposal of Wastes from Aquaculture Activities
Carey, March 2021

On March 16, 2021, Decree No. 64 / 2020 of the Ministry of Economy, Development and Tourism, was published in the Official Gazette, approving the Regulation that establishes conditions for the treatment and final disposal of wastes from aquaculture activities (the "Regulation")...

Good Governance in Farming Businesses
Shoosmiths LLP, February 2021

Post-Brexit, it’s now even more important for farming families to understand how changes to direct payments and valuation of farmland can affect succession, asset protection and family disputes. We explain what you need to know. Leaving the EU resulted in the UK leaving the EU’s Common Agricultural Policy (CAP), which paid farmers direct payments and has been a significant source of income for many farmers...

Ag “Distributor” Cannot Use PACA Trust to Jump Ahead of First-Lien Creditor, Circuit Court Rules
Buchalter, February 2021

  The Sixth Circuit recently ruled that an agricultural “multi-service finance company” had no claim to the proceeds of produce held in trust pursuant to the Perishable Agricultural Commodities Act (“PACA”)[1] and could not circumvent the security interests of a senior lender...

Renewable Energy, Agroforestry and Rewilding: Three Ways for Scottish Farmers to Protect their Business and the Environment
Shepherd and Wedderburn LLP, January 2021

The future of agriculture in Scotland is at a pivotal point. The COVID-19 pandemic has highlighted the challenges faced by farmers and crofters who have worked tirelessly to ensure food production and land management continues at a time when other industries have been brought to a standstill...

Environment and Agribusiness: Ministry of Agriculture, Cattle Raising and Supply’s Strategic Agenda for Sustainable Agriculture
Veirano Advogados, January 2021

Ministry of Agriculture, Cattle Raising and Supply publishes Ordinance establishing working group for the development of the strategic agenda for sustainable agriculture. On February 1, 2021, the Ministry of Agriculture, Cattle Raising and Supply ("MAPA") published  Ordinance No. 26 ("Ordinance"), establishing the working group for the development of the strategic agenda for sustainable agriculture...

Washington Supreme Court Alters State's Agricultural Exemption in the Minimum Wage Statute
Schwabe, Williamson & Wyatt, November 2020

On November 5, 2020, the Washington Supreme Court altered a 60-year provision of Washington’s Minimum Wage Statute when it issued its decision in Martinez-Cuevas v. DeRuyter Brothers Dairy. The court held that the agricultural overtime exemption at RCW 49.46.130(2)(g), which exempted agricultural employers from paying overtime at a rate of 1.5 times the regularly hourly rate, violated article I, section 12 of the Washington State Constitution as applied to dairy workers...

Private Landowners Lose Ability to Apply for ALR Exclusion
Lawson Lundell LLP, October 2020

On September 30, 2020 important changes to the Agricultural Land Commission Act, [SBC 2002] Chapter 36 and the associated regulations came into force that may significantly affect the prospects for removal of private land from the Agricultural Land Reserve (“ALR”). These changes are of particular note to private owners of ALR lands slated for future development...

Smokable Hemp Bans – Practical Considerations for Hemp Companies and the Financial Institutions that Serve Them
Bradley Arant Boult Cummings LLP, September 2020

The popularity of smokable hemp has rapidly increased since the 2018 Farm Bill legalized hemp at the federal level. But the Farm Bill allows states to regulate hemp production in ways “more stringent” than federal law, and some states have used this leeway to ban smokable hemp to some degree. The result is a patchwork of state laws regarding smokable hemp’s legality, adding complexity to a legal landscape that was already nuanced enough...

New Unfair Trading Practices in the Food Supply Chain
ALTIUS/Tiberghien, July 2020

Within the agricultural and food supply chain, significant imbalances in bargaining power between suppliers and buyers of agri-food products are frequent. Those imbalances in bargaining power are likely to lead to unfair trading practices. The Directive 2019/633 (the “Directive”) aims to ensure that agri-food companies are protected against these unfair practices.   Scope of the Directive The Directive’s scope is very limited...

Agricultural and Livestock Service Issues Regulations to Adapt the Availability of its Services Regarding the Program of Exports of Origin During the Covid-19 Pandemic
Carey, June 2020

Considering the Covid-19 pandemic, the Agriculture and Livestock Service (Servicio Agrícola y Ganadero, "SAG") issued the Exempt Resolution No. 3,439, dated May 19, 2020 to update the Program of Exports of Origin. (View update here.) This Resolution was published in the Official Gazette on June 10, 2020...

COVID-19: Support for Agriculture and Agri-Food Businesses in Quebec and Canada
Lavery Lawyers, June 2020

It goes without saying that the economic upheavals caused by the COVID-19 pandemic are posing countless challenges for all companies, whether or not they are pursuing their activities within the limits imposed by the governments of Canada and Quebec. Food producers such as agricultural and food processing businesses, considered by the Quebec government to be essential services, are not exempt from this harsh reality...

Sernapesca Adopts New Measures to Contain the Impact of COVID-19 in the Salmon Industry
Carey, May 2020

The National Fisheries and Aquaculture Service (“Sernapesca”) has issued a series of resolutions. Resolutions No 672/2020 , No 725/2020 and No 805/2020 - that incorporate new measures to those indicated in Resolution No. 565 dated March 16, 2020 which authorized the adoption of certain measures in salmon farming centers in the context of COVID-19...

The Commission Introduces Derogations from the Competition Rules and Adopts Measures aimed at Supporting the Agri-Food Sector
Delphi, May 2020

On 4 May 2020, the Commission published the latest package of exceptional measures (announced on 22 April) to support the agricultural and food sectors that have been hit hardest by the crisis. The package of measures adopted by the Commission includes temporary derogations from EU competition rules for milk, flowers and potatoes, support for private storage of dairy and meat products and flexibility in the application of market support programs...

USDA Revises FSA Guidelines for Hemp Loans
Waller, May 2020

The United States Department of Agriculture’s (USDA) Farm Service Agency (FSA) issued revised guidance to its state and county offices on making and processing loans to hemp producers. Because hemp was federally legalized under the 2018 Farm Bill, the revised guidance is part of the USDA’s overall efforts to treat hemp as it would any other agricultural commodity with respect to available programs and services typically afforded to such commodities...

 

 

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