Farm Commons

Episode 76: Facing Food Safety Regulation with Farmer Lindsay May 08, 2024

Lindsay Klaunig (she/her) is the farmer and owner of Trouvaille Farm in Athens, Ohio. She raises grass-fed beef and goats on pasture, heirloom crops on the ridge tops, and makes artisan chocolate and other treats in their farm kitchen. She is also a seed producer, growing heirloom vegetable seeds that are sold through small regional seed companies. Previously, Lindsay worked as a specialty cheesemaker on a small-scale dairy farm in the early days of the Food Safety Modernization Act (FSMA). It was during this time that Lindsay experienced a federal site inspection.

In this episode, Lindsay is interviewed by her longtime friend Isabel. The two discuss how food safety enforcement has changed over the years, specifically describing what the situation was like before FSMA and how FSMA changed things in many ways for the better. Lindsay opens up about the FDA audit that she went through, sharing powerful tips for balancing out the power dynamic with regulators and offering wise insights about how and why communication and relationship building have been critical to her resilience.

As Linday says to Isabel, “growing food is the most important thing you could do for a living, but if you’re paying attention you’ll also see that it’s fraught, it’s risky, and opens you up to a world of divisive opinions, clashes in values, and constantly changing rules and changing guidance from the regulators…” and yet she keeps choosing to do it, as perhaps you keeping choosing to do as well. You will walk away from this episode with a refreshed perspective on food safety risk management, and a healthy reminder that your risk tolerance evolves right along with you.

Farm Commons is grateful to have collaborated with Lindsay as a member of the 2023 Collaborative Learning Fellowship.

A full transcript of the episode will be available soon.

Episode 75: Safe Collaboration Between Farm Businesses with Farmer Iriel Apr 19, 2024

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 Prairie Farm, and the two explore what it means to set up what Iriel calls “safe collaboration” between separate farm businesses. Throughout their conversation, they probe the themes of cooperative decision-making, sharing values and holding differences, and important discussions for scaling seed processing operations. If you are a seed producer, you’ll gain insights into considerations for scaling a seed operation as well as an insider’s look into Louisiana’s growing seed supply chain. If you’re not a seed producer but you’re farming with others, you’ll find encouragement from Iriel and Lilli to have more discussions about your needs and goals for the collaboration because, as Iriel quotes, “Sharing values with your customers is different from sharing values with your farming partner,” which is why talking things through, particularly areas of potential tension or conflict, is key to resilience.

Farm Commons is grateful to have collaborated with Iriel as a member of the

2023 Collaborative Learning Fellowship.

A full transcript of the episode will be available soon.

Episode 74: Collective Land Access with Farmer Sagan Mar 22, 2024

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 picture of the underlying power dynamics of collective land ownership, as well as navigating legal barriers as a transgender person trying to move forward with a general distrust of these systems. Sagan’s wisdom is a catalyst of inspiration for how the paperwork process of creating an LLC, including the Articles of Incorporation and operating agreement, provide structure when delving into the shared values of a business. They will inspire you to begin asking the questions of importance to you in your business partnerships, and to begin resourcing for local support to get the assistance you need.

Farm Commons is grateful to have worked with Sagan as a member of the 2023 Collaborative Learning Fellowship.

Find a transcript of this episode here

Here’s what Sagan had to say about their experience sharing their story of legal resilience:

In sharing your farm resilience story, what are you most grateful for from that experience?

Taking the time to craft something to be disseminated or shared really pushed me to consider what I thought was worth sharing, to lean into believing that elements of my story would be worth sharing. I am grateful to have come into a new awareness of what some of those truths are for me. Farming requires such a breadth and depth of knowledge, and there is always so much I don't know! This often makes me overlook what I have learned or disregard what I might have to share. This was a great push and reminder to appreciate my own wisdom.

Did you encounter any challenges in sharing your story? What was that like?

Yes, it was hard to decide how vulnerable to be: what feels safe vs what feels comfortable; how much to share when it might impact others I live and work with; was my hesitation rooted in fear that I might overcome or that I should mind? Acknowledging the fears and insecurities that often hinder me from sharing in the first place was a necessary and helpful step in gathering my thoughts and sharing my story.

What did the storytelling journey illuminate for you? What are you seeing differently as a result of this experience?

My approach to risk management really has shifted. The Collaborative Learning Fellowship gave me the confidence and motivation that I needed to guide our collective group through our own risk management process. We are still in the midst of it, but it would not be happening at all yet without my experiences from the fellowship.

What is your hope for folks who hear your story?

I hope it offers an extra nudge of encouragement to prioritize their own safety and protection amidst our challenging and discriminatory systems. Having the courage to approach a process that you don't understand and you know wasn't built for you to take what you can repurpose it is hard work, and I just hope this offers a little motivation for folks in a similar mindset.

What tool(s) or resource (s) have been key to your sense of resilience?

Access to professional support: a decent insurance agent, a tax preparer, a lawyer, templates to work off of. Financial support to cover professional expenses. Collective support - having friends, family, and community in this process with me and making time for joy and celebration. Alone time to recharge and recenter. Sanctuary from the chaos of the world. A sense of purpose.

Episode 73: Could the Zoning Code put a Damper on Your Botanical Production Plans? Mar 15, 2024

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 between growing herbal ingredients and making herbal/botanical products with regards to land use regulations. You’ll also hear important insights from farmers who researched their zoning codes and, as a result, are better informed and able to make the best decisions for their business goals.

This is the final episode of a special 3-part mini series on boosting legal resilience when making and selling botanical products. Check out the other episodes in the list below!

Other episodes in the series:

Recommended Resources:

Farmers’ Legal Guide to Botanical Products

For a full transcript of the episode, click here.

This project was generously funded by the Minnesota Department of Agriculture.

Episode 72: How to Create Legally Resilient Labels for your Botanical Products Mar 14, 2024

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 3-part mini series on boosting legal resilience when making and selling botanical products. Check out the other episodes in the list below!

Other episodes in the series:

For a full transcript of the episode, click here.

This project was generously funded by the Minnesota Department of Agriculture.

Episode 71: Navigating Botanical Product Regulation and Enforcement Mar 11, 2024

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 tinctures, teas, oxymels, and more for sale to the public.

This is the first episode of a special 3-part mini series on boosting legal resilience when making and selling botanical products. Check out the other episodes in the list below!

Other episodes in the series:

Recommended Resources:

Farmers’ Legal Guide to Botanical Products

For a full transcript of the episode, click here.

This project was generously funded by the Minnesota Department of Agriculture.

Episode 70: Revisiting Paying Wages as Salary on the Farm and Ranch Sep 14, 2023

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, requiring overtime pay for farm workers. If you are required to pay overtime to workers on your farm or ranch, salary may be an option you want to explore. Tune in to learn more about overtime and salary, and be sure to check out the resources below learn the employment laws for your state. If you aren’t a Farm Commons member -- don't worry, these resources are freely available during Open Farm Employment Law Week so be sure to check them all out!

Recommended resources:

Episode 69: Protecting Your Long-Term Lease Aug 22, 2023

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 their lease.

For a full transcript of this episode, please click here.

Episode 68: Managing Recreational Liability on the Farm Aug 04, 2023

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 injuries and injuries can occur in many ways. In this episode, we share two strategies that are proactive and designed to manage the risk of visitor injuries, while also giving you a defense if those bad things do come to pass.

Recommended Resources:

This material is funded in partnership by USDA, Risk Management Agency, under award number RMA22CPT0012392.

Episode 67: The Truth About Crop and Livestock Insurance Premiums Jul 07, 2023

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 and Livestock Insurance Options for Diversified Operations

This material is funded in partnership by USDA, Risk Management Agency, under award number RMA22CPT0012392.

Episode 66: Leasing Farmland to Your Farm Business Jun 15, 2023

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 “friendly” landlord with the reality that the business might want to pay a fair market rental. We also highlight tax issues and identify key documents and paperwork to ensure the arrangement maintains legal integrity.

Recommended resources:

This work is supported by the Farm and Ranch Stress Assistance Network (FRSAN), grant no. 2021-70035-35372/project accession no. 1027099, from the U.S. Department of Agriculture, National Institute of Food and Agriculture.

Episode 65: Farmers Respond to Discrimination in Insurance Jun 08, 2023

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: Addressing Discrimination in Crop and Livestock Insurance. When faced with this reality, farmers may decide that the best solution lies outside of the legal system. In this episode, Kate and Bonita explore real feedback from farmers on how choosing not to engage with a risk management tool can be a resilient decision.

This material is funded in partnership by USDA, Risk Management Agency, under award number RMA22CPT0012392.

Episode 64: Decoding Your Food Safety Liability Coverage May 31, 2023

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 resulting from a food safety incident and provide peace of mind in the meantime. However, food safety liability policies are typically clear as mud. In this episode, you’ll learn how food safety liability insurance coverage generally addresses common culprits of foodborne illnesses so you can move forward with clarity and realistic expectations.

This work is supported by the Farm and Ranch Stress Assistance Network (FRSAN), grant no. 2021-70035-35372/project accession no. 1027099, from the U.S. Department of Agriculture, National Institute of Food and Agriculture.

Episode 63: Income Protection for Foraging Farmers May 08, 2023

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 and strategies, including the use of sales contracts, for supporting and even expanding their income from foraged goods.

This episode builds on the legal background of the Micro Farm policy and Whole Farm Revenue Protection crop insurance program shared in Episode 50: Protecting Your Foraged and Wild Foods Revenue.

For a full transcript of this episode, please click here.

Additional resources:

Farm Sales Agreement Basics

This material is funded in partnership by USDA, Risk Management Agency, under award number RMA22CPT0012392.

Episode 62: Disabling Dangers on the Farm with Insurance Options May 02, 2023

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 themselves is: what kind of coverage do I have for work-related injuries right now? In this episode, we provide strategies for answering this question as well as explain how workers' compensation, disability insurance, and life insurance can be options for covering lost wages, chronic illness, or other debilitating conditions that leave you less able to earn your income on the farm or ranch.

Resources mentioned:

This work is supported by the Farm and Ranch Stress Assistance Network (FRSAN), grant no. 2021-70035-35372/project accession no. 1027099, from the U.S. Department of Agriculture, National Institute of Food and Agriculture.

Episode 61: Farm Transitions with Farmer Martha Apr 21, 2023

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 to run the farm with full autonomy, protect the land, and preserve family unity. In today's episode Martha shares her story of finding a legal solution that matched her priorities.

You can stay up-to-date with Hawkeye Buffalo & Cattle Ranch on Facebook.

Episode 60: Navigating Farmland Access with Farmer Michelle Apr 18, 2023

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 layer. Michelle Week (she/her) intimately knows the heartache of navigating these trials, and she also knows the success of persevering through the ups and downs of different leasing relationships, harnessing her inner wisdom and community of support to grow a thriving farm business along the way. Michelle is the owner and farmer of Good Rain Farm, a mixed produce CSA farm near Portland, Oregon, focused on decolonizing diets, revitalizing culture, food sovereignty and the returning to reverent sustainable land stewardship. In this episode, Michelle shares her story of seeking stable farmland access and the hard lessons she's learned over many years and through many land-based relationships, leading up to her current pursuit: reclaiming stolen Native land to ensure her community's continued permanent and sustained land access and stewardship of the land.

Farm Commons is grateful to have worked with Michelle as a member of the 2022 Collaborative Learning Fellowship.

Episode 59: Creating a Cooperative with Farmer Katie Nixon Apr 03, 2023

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 episode, Katie takes us on a journey through the big ideas, conversations, relationships, and paperwork the cooperative's founding members managed over five years, all of which enabled the food hub to get off the ground. Farm Commons is grateful to have worked with Katie as a member of the 2022 Collaborative Learning Fellowship.

If you’d like to get in touch with Katie about cooperatives, follow her @green_gate_family_farm.

Here’s what Katie had to say about her experience sharing her story of legal resilience:

What is your hope for folks who hear your story?

I hope the length and challenges of the journey I have shared does not discourage others, but instead inspires them to dig in and get dirty! The best time to start working together is now so that in 5-10 years your work can start bearing fruit.

In sharing your farm resilience story, what are you most grateful for from that experience?

It is wonderful to make the space to reflect on how I have gotten to where I am and where the farm business and food hub business are at. It was made more enjoyable by sharing and learning in the cohort of other farmers.

What did the storytelling journey illuminate for you? What are you seeing differently as a result of this experience?

The story telling journey showed and reminded me how much work and collaboration it took to get where we are at. I am so appreciative of all the people I have been able to share this journey with. I look forward to continuing the work and being part of a vibrant food system.

Episode 58: Farmers Dig In to Crop Insurance Mar 30, 2023

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 businesses by asking key questions to make an informed decision on whether or not to pursue coverage through this program. In this episode, Kate and Bonita share feedback from farmers about the Micro Farm crop insurance program and why it would or wouldn't work for their business. Tune in to learn their thoughts!

This episode builds on the legal background of the Micro Farm policy and Whole Farm Revenue Protection crop insurance program shared in Episode 47: Crop Insurance Options for Diversified Farms and Ranches.

This material is funded in partnership by USDA, Risk Management Agency, under award number RMA22CPT0012392.

Episode 57: Understanding Liability Insurance Coverage and Claims Mar 20, 2023

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 insurance and other liability insurance policies typically cover and what they don't. We also review what you can expect from the claims filing process and how to manage the steps of filing a claim while in the midst of a stressful loss on the farm or ranch. Listeners will take away best practices for understanding your coverage and key skills for when it's time to file a claim.

This material is funded in partnership by USDA, Risk Management Agency, under award number RMA22CPT0012392.

Episode 56: Strategies for Paying Yourself as a Business Owner Mar 14, 2023

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 yourself in alignment with accounting responsibilities and your business and personal goals. Along the way we share real stories and insights into managing this essential aspect of running your own business!

This work is supported by the Farm and Ranch Stress Assistance Network (FRSAN), grant no. 2021-70035-35372/project accession no. 1027099, from the U.S. Department of Agriculture, National Institute of Food and Agriculture.

Episode 55: Leaning into LLC's with Farmer Hannah Feb 24, 2023

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 toward forming a limited liability company (LLC), and why this formal business structure represents a renewed commitment to the land they love in addition to providing personal asset protection. Farm Commons is grateful to have worked with Hannah as a co-presenter of our Discovering Resilience workshop with MOFGA in 2020 and as a member of the 2022 Collaborative Learning Fellowship.

Check out The Buckle Farm to follow Hannah and Jim's story.

Here’s what Hannah had to say about her experience telling her story of farm resilience:

In sharing your farm resilience story, what are you most grateful for from that experience?

My time as a Farm Commons Fellow allowed me to uncover my farm’s resiliency story in a way my partner and I wouldn’t have been able to on our own. It was so valuable to have dedicated, trustworthy time with peers to process all of the different parts of my farm’s business journey and work to the heart of our farm’s story. It was eye opening to lay it all out and realize how far our farm has actually come in the past eight years.

Did you encounter any challenges in sharing your story? What was that like?

At first it was difficult to think of my story’s full arc. Partly because I tend to compartmentalize my farming struggles into individual stories, and partly because I tent to downplay the value of my experiences in farming. Some aspects of farming were very difficult to share, very emotional. Even as the Fellows group was working together over the course of months, unexpected challenges and heartbreaks were popping up in our lives. Finding the common values, struggles, pain and joy in the stories of my peers helped me embrace my own story and see that it may offer some real meaning and encouragement to another farmer.

What did the storytelling journey illuminate for you? What are you seeing differently as a result of this experience?

It’s easy to always look at the goals that you are aspiring to, and to forget the goals that you’ve already achieved. This journey helped me understand that my partner and I have been thinking about and working towards farm resilience from day one. We’ve improved our understanding of farm resilience, connected to better resources and set higher goals along the way, and this process was extremely affirming.

What is your hope for folks who hear your story?

I hope that folks realize that while many experiences with farming and business are shared, every farm has a unique path to success and resilience. Peer-based resources are a type of skill sharing that connects practical advice and preparedness with the emotional aspects of navigating a farm business. I think it’s important for fellow farmers to have resources that acknowledge and embrace the emotional complexity of farming rather than strip the idea of “farm resilience” down to a technical prescription. We’ve benefitted so much from having mentors and peers to learn from throughout our journey, and it feels good to start passing our farm’s story on.

Episode 54: Addressing Discrimination in Crop and Livestock Insurance Feb 08, 2023

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 when a peer with similar circumstances had theirs approved, you may be wondering if discrimination is at play. In this episode we take a hard look at how discrimination can occur at the stages of purchasing, updating, or making a claim on federal crop and livestock insurance, and what you can do about it. You’ll walk away from this episode understanding how to spot discrimination and options for filing a complaint and moving forward if you suspect discrimination has occurred.

Additional resources:

RMA Agent Locator

This material is funded in partnership by USDA, Risk Management Agency, under award number RMA22CPT0012392.

Episode 53: Getting on a Roll with Payroll Jan 10, 2023

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, and cross-farm cooperatives.

Additional resources:

This work is supported by the Farm and Ranch Stress Assistance Network (FRSAN), grant no. 2021-70035-35372/project accession no. 1027099, from the U.S. Department of Agriculture, National Institute of Food and Agriculture.

Episode 52: Strategies for Covering Farm and Ranch Owner Injuries Jan 06, 2023

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 insurance policies will exclude injuries that occur in the course of self-employment from coverage. This is where workers’ compensation comes in as a powerful option for you as the farm or ranch owner. In this episode we explain the pros and cons of private health insurance and workers’ compensation, providing insights into how the two policies can work together.

This material is funded in partnership by USDA, Risk Management Agency, under award number RMA22CPT0012392.

Episode 51: Legal Considerations for Working Interviews Dec 05, 2022

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 for-profit business is likely an employee, and we explore what that means for prospective employees during working interviews.

Action steps:

Read our Selected Essentials in Farm Employment Law to learn the laws in your state

Sign up for our Advanced Farm Employment Law course to learn the best practices of hiring employees

Episode 50: Protecting Your Foraged and Wild Foods Revenue Nov 21, 2022

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 wild but made available on the market by foragers. Many farmers and ranchers forage for these plants as there is a viable market willing to pay top dollar for these special products. However, these wild foods, just like row crops, are at risk of failure due to climate, disease, and pest pressure. So what can producers do to manage the risk of lost revenue from wild foods products? We’ve got 3 best practices to share with you in this episode.

Recommended resources:

This material is funded in partnership by USDA, Risk Management Agency, under award number RMA22CPT0012392.

Episode 49: Legally Sound Internships on Your Farm Nov 04, 2022

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.

Action steps:

Read the Farmers' Legal Guide to Intern and Volunteer Programs

This work is supported by the Farm and Ranch Stress Assistance Network (FRSAN), grant no. 2021-70035-35372/project accession no. 1027099, from the U.S. Department of Agriculture, National Institute of Food and Agriculture.

Episode 48: Hiring Workers Through the H-2A Visa Program Oct 17, 2022

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 that interested farmers need to understand. Tune in to learn if H-2A is a viable solution for your business!

Additional Resources:

Is H-2A a Solution for Your Farm? (video)

Farmers' Guide to In-Kind Wages

Farmers' Guide to Hiring Obligations

Episode 47: Crop Insurance Options for Diversified Farms and Ranches Oct 11, 2022

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 policy that is available to farmers and ranchers nationwide. Executive Director and attorney Rachel Armstrong brings us through the Micro Farm crop insurance policy, helping you decide whether it’s a good option for protecting your crops and value added goods.

The survey mentioned in the introduction closed on 11/14/22. Thank you for participating!

Recommended Resources:

Micro Farm Factsheet

RMA Cost Estimator

This material is funded in partnership by USDA, Risk Management Agency, under award number RMA22CPT0012392.

Episode 46: Avoiding Discriminatory Questions During an Interview Oct 10, 2022

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 interviewing, including questions to avoid.

Further resources:

Read the Farm Employment Law Essentialsfor your state
Take Farm Commons’ Advanced Farm Employment Law Course to build holistic, sustainable legal solutions for your farm’s employment program. Register at www.farmcommons.org.

Episode 45: Why Some Farms Pay Wages as Salary Aug 31, 2022

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 overtime. Under federal law, agricultural laborers are exempt from receiving overtime pay for hours worked over 40 in a week. However, as a farmer you might find yourself in a situation where you lose that exemption and do, in fact, owe overtime pay to employees. In that case, salary may be a strategic way to fairly compensate employees while keeping costs low.

Do you owe your employees overtime pay? Can salarying your employees help your business? Listen to this episode to find out!

Further resources:

Read the Farm Employment Law Essentials for your state
Register for our Advanced Farm Employment Law course to build a sustainable employment program at your farm

This work is supported by the Farm and Ranch Stress Assistance Network (FRSAN), grant no. 2021-70035-35372/project accession no. 1027099, from the U.S. Department of Agriculture, National Institute of Food and Agriculture.

Episode 44: Farmland Leasing 101 Mar 13, 2022

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 also dive into New Hampshire farmland leasing laws as an example of how state law applies. Farmers and ranchers in all 50 states will walk away from this podcast with a greater understanding of the legal mechanics for farmland leasing, whether for the short term or the long haul.

Recommended resources:

Checklist of questions to address in your farm lease
Sample Annotated Long-Term Agroforestry Lease Agreement (useful for short term leases too!)

Episode 43: Unlock the Potential of a Farm Employee Handbook Feb 07, 2022

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 procedure, the farm employee handbook is a tool for it all. They set reasonable, realistic expectations up front, for everyone. They guard against discrimination. They manage unemployment insurance claims. The farm employee handbook is a multi-functional tool that will increase the legal resilience of your work team. Tune in to learn how and why.

Suggested Resources:

Episode 42: Avoiding Discrimination in Hiring and Firing on New Hampshire Farms Dec 20, 2021

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 personal characteristics that are protected by law. These include federally protected characteristics of age, health condition, race, religion, ethnic identity, sex and gender, as well as New Hampshire protected characteristics of smoking and crime and domestic violence victims. If an employment decision is made on the basis of these characteristics, even if indirectly, there is the potential for a legal claim of discrimination. Tune in to learn how to identify and avoid (accidental) discrimination in employment law on your farm so that you can manage your workforce with confidence.

Episode 41: Choosing a Business Structure Together Sep 22, 2021

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 the basic format and responsibilities of each, and provide key legal considerations to help you and your partners make the best decision together.

Recommended resources:

Episode 40: Farm Couples and Managing Stress through Paperwork Aug 25, 2021

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 help, can make things more fun while navigating learning experiences and celebrating successes together. Of course, there’s two sides to every coin. Farming together can introduce new challenges, as people have different work ethics, communication styles, and expectations, as well as different appetites for legal risk. These differences can cause abundant stress, and managing stress for farming couples is essential. When not addressed, stress can destroy not just the couple/marriage, but the farm business too. In this episode, we discuss the powerful role of paperwork in managing farm stress through 3 key paperwork processes that you can begin implementing right away: (1) creating pre-set agendas for regularly scheduled meetings, (2) compensation paperwork, and (3) job descriptions.

Episode 39: Farming with Family – Getting in and getting out Aug 09, 2021

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 (3) ownership vs. employment. In this episode, we cover all this and more (including the role of a little something called a marital property agreement), while walking you through key reflections and action steps for creating paperwork processes that will set the business and your family relationships up for success.

Recommended resources:

Episode 38: Land Access Solutions in the Agrarian Commons Model Jul 20, 2021

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 land trusts – what they are and what they do, agricultural easements – how they work and how they differ from conservation easements, and how the AT’s Agrarian Commons model of farmland access works on the state level to secure land holdings for agricultural use in perpetuity at an affordable rate for farmers. Of course, transfer of property means transfer of money, so we also touch on the fundraising and revenue generation aspects that makes the Agrarian Commons model a well-run reality.

Big questions we explore are: why work with a land trust to preserve or access farmland? And, how do we navigate the creativity AND limitations of easements on farmland?

If you’re land seeking or working in land access/farmland transitions, you’re in for a valuable conversation that’s sure to expand ideas for what is possible. Ian also shares a bunch of great land access resources with us that are linked below, so be sure to check those out!

Agrarian Commons resources:

Specific examples of…

land access in Maine with the Little Jubba Agrarian Commons is featured in press here
land access in West Virginia with the West Virginia Agrarian Commons is featured in press here
land restoration on Agrarian Commons farms on Whidbey Island, WA and the Seacoast of NH as featured in blog here with more on New Hampshire Agrarian Commons

Episode 37: Social Justice through Non-traditional Land Access Strategies Jun 10, 2021

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 at the intersection of donating land, crowdfunding money, and cooperatively purchasing land. Tune in to learn how the law weighs into these strategies and understand how to manage legal risk, while creating space to question and challenge the current paradigm of land ownership in this country.

Resources mentioned:

Workshop registration: Practicalities and Realities in Land Law: A Workshop for Ag Service People
Resource pathway: What makes for a “good” farmland lease from a legal perspective?
Resource pathway: I am joining forces with other farmers/ranchers on a new venture. How does this impact business structure decisions?
On Private Property by Eric Freyfogle
Land Loss Prevention Project
F.A.R.M.S.
Thomas W. Mitchell, Texas A&M Law Professor Named MacArthur Fellow

Episode 36: Getting into Gleaning May 24, 2021

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, bringing about deep connections through community engagement around a good cause on the farm. However, to keep a good thing going, we need to manage our legal risks and farmers know that. We often get questions like: Are gleaners volunteers? Can gleaners receive payment, whether cash or produce? Can a for-profit business host gleaners? These questions highlight the many employment laws at play in this realm of farm law. The good news is we discuss all these questions and more so that you can understand how to manage legal risks of gleaning programs on your farm so that this good work can continue into the future.

Resources mentioned:

Correction: Discovering Resilient: A Legal Workshop for Farmers and Ranchers meets on THURSDAYS (not Wednesdays!) in June, starting on June 3rd, 2021. Register here.

Episode 35: Avoiding Discrimination in Hiring and Firing on the Farm May 10, 2021

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, health, race, ethnic identity, sex and gender related conditions, that are protected by law and if an employment decision is made on the basis of those characteristics, even if indirectly, there is the potential for a legal claim of discrimination. Tune in to learn how to avoid “accidental” discrimination in employment law on your farm so that you can manage your workforce with confidence.

Resources mentioned:

Avoiding Discrimination in Employment for Farm and Ranch Businesses:

Episode 34: Growing Membership at Farm Commons Apr 01, 2021

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 accountability, long term relationship building, and increased access to farm law education across the nation.

“Podcast intro” from Royalty Free by Kevin MacLeod. Released: 2020.

Episode 33: Farm Commons’ Evolution through COVID-19 Mar 24, 2021

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 creatively outside of the “Zoom” box to create interactive, engaging, and actionable farm law workshops and a brand new website!

“Podcast intro” from Royalty Free by Kevin MacLeod. Released: 2020.

Episode 32: Three Steps Towards Legal Resilience During COVID-19 Nov 24, 2020

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 risk of you getting it as the days go on and the case numbers rise. To help you manage that risk, we offer key information about disability insurance and workers’ compensation options for covering lost wages and doctors visits if you’ve been exposed to or contract COVID. You’ll also learn about key considerations, both moral and legal, for operating your farm business with the knowledge that you’ve been exposed or have COVID but are asymptomatic. Don’t worry, we share good news too that we think will put your mind, at least part of it, at ease. Keep hanging in there!

“Podcast intro” from Royalty Free by Kevin MacLeod. Released: 2020.

Episode 31: CFAP 2 Hightlights Nov 10, 2020

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 business.

The deadline to apply for CFAP 2 is December 11th, 2020. If you’re interested in applying, tune in now and get your paperwork ready! Also be sure to attend Rich’s indepth free webinar on CFAP 2 Thursday November 12th, 2020 at 3:00pm CDT/4:00pm EST.

“Podcast intro” from Royalty Free by Kevin MacLeod. Released: 2020.

Episode 30: Four Questions to Ask Before Tough Conversations Oct 29, 2020

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 presence grows as we tip toe around or avoid having those hard conversations. Now, we know that’s easier said than done so in this episode we share Four Questions to Ask before Tough Conversations. This is the first episode in our new series on Tips for Tough Conversations, and we’re excited to share more tools and frameworks with you coming up soon.

Resources mentioned in this episode:

Intro Music: “Easy Lemon” from Royalty Free by Kevin MacLeod. Released: 2012.

Episode 29: Innovative Farm Labor Models Aug 30, 2020

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 University’s Friedman School of Nutrition Science and Policy, to hear about the potential of collaborative hiring models, how they can address labor challenges farmers face AND align with their core values, as well as so much more.

Intro Music: “Easy Lemon” from Royalty Free by Kevin MacLeod. Released: 2012.

Episode 28: Tips for Staring a Farm Business during COVID-19 Aug 03, 2020

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, as well as insurance insights and what it means to have workers on your farm, legally speaking. Be sure to check out the resources we mention in the links below (hyperlinked on website only) to support you along your start-up journey.

Resource links:

Disclaimer: These resources are provided by Farm Commons for educational purposes only and are not legal counseling. No attorney-client relationship is created, nor is there any offer to provide legal services by the distribution of these publications. Always consult an attorney before relying on the information in these resources.

“Easy Lemon” from Royalty Free by Kevin MacLeod. Released: 2012.

Episode 27: Racial Discrimination in Farm Law Jun 30, 2020

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. Today, we see this in many areas of agriculture, especially the law. In this episode, we take a hard look at discrimination in the legal areas of lending and farmland access — how it works, what’s been done about it, and share supporting resources in these areas of law for black, indigenous, and peopler of color farming communities.

Resources Mentioned:

Southern Rural Development Center (SRCD)
SRDC Heirs’ Property presentation (YouTube video)
Tuskegee University Heir Property (PowerPoint Presentation)
Farming While Black by Leah Penniman of Soul Fire Farm
Family Agriculture Resource Management Service (FARMS)
Land Loss Prevention Project
RAFI-USA Farmer Hotline
FLAG Farmer Hotline: 877-860-4349

Disclaimer: These resources are provided by Farm Commons for educational purposes only and are not legal counseling. No attorney-client relationship is created, nor is there any offer to provide legal services by the distribution of these publications. Always consult an attorney before relying on the information in these resources.

“Easy Lemon” from Royalty Free by Kevin MacLeod. Released: 2012.