Combine unloading wheat into a semi truck in a harvested field. Photo by Shannon Dizmag via flickr.com
The article is not a substitute for legal advice.
Many of us are paying attention to the debate over the new Farm Bill and looking at how changes to existing programs and potential new programs. One issue that may come up after passing a new Farm Bill is how quickly USDA must implement the program changes or new programs. In Ausmus v. Perdue, a group of Colorado wheat farmers recently won after selecting to utilize a new crop insurance product before USDA’s Risk Management Agency (RMA) had implemented the product for wheat. The court ruled that although it might conflict with other duties had under federal law, RMA had to allow producers the ability to use the program after the effective date of the 2014 Farm Bill and not when RMA had implemented the regulations. Continue reading
During the growing season, producers may allow various nonprofits to come on the farm and collect unharvested crops after harvesting. In many cases, it may be not economically profitable to harvest this unharvested portion, or the producer may have had to leave crops unharvested after meeting supply needs for a week. These crops might be left in the field to rot if not for the ability of nonprofits to glean these crops as donations to feed hungry Marylanders. I’ve previously written on liability when allowing gleaners on the farm, to read that post, click here. For those producers who have crop insurance coverage on these crops, is gleaning allowed on insured acres? The Federal Crop Insurance Corporation (FCIC) and the Noninsured Crop Disaster Assistance Program (NAP) has requirements that an insured producer should meet before allowing gleaning to take place on their farms. Continue reading
Tilling field with tractor. Image is by United Soybean Board
As many of you who have purchased crop insurance since the passage of the 2014 Farm Bill already know, conservation compliance has been relinked with the crop insurance subsidy. This relinking means that many producers who traditionally have not participated in farm bill programs (such as Price Loss Coverage or Agriculture Risk Coverage) were not required to certify conservation compliance. Continue reading