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Township Trustees, Farmers and Problem Trees, Weeds and Vegetation: Let's all Follow the Legal Process

Peggy Hall, Asst. Professor, OSU Extension Agricultural & Resource Law Program           .

Tree obstructions, unwanted vegetation and noxious weeds are serious matters for Ohio farmers, which is why several Ohio laws provide mechanisms for addressing these problems through the board of township trustees.   Two recent Ohio court cases illustrate the practical impacts of the laws and demonstrate the consequences of both following and failing to follow the processes provided by these laws.

Maintaining Animals is not a Fundamental Right, Court Reminds Us

Peggy Hall, Asst. Professor, OSUE Agricultural & Resource Law Program       

Does an Ohio resident have a constitutional right to keep rabbits, goats, chickens, horses, cows, ducks, turkeys, geese or other fowl on his or her property?  No, according to a recent decision by Ohio's Eighth District Court of Appeals.  Nor does a city ordinance that prohibits the keeping of such animals violate the federal or state constitutions.

Will a Personal Guaranty Trump LLC Financial Liability Protection?

Erin Porta, OSUE Agricultural and Resource Law Extern and Peggy Hall, Asst. Professor, OSUE Agricultural and Resource Law Program

Like much of the business world, many Ohio farmers are choosing to operate as Limited Liability Companies (LLCs) to gain personal liability protection for LLC members and ample estate, tax, management and business succession advantages.

Ohio’s Home Bakery License: What’s Required?

Peggy Hall, Asst. Professor, Agricultural & Resource Law Program

Bakers who want to produce and sell baked goods such as cheesecakes, cream pies, custard pies or pumpkin pies in Ohio must first obtain a “home bakery” license.  These types of baked goods are considered “potentially hazardous” because they create food safety risks if not prepared and stored properly.  To safeguard against a food safety incident, the State of Ohio requires the home bakery to be inspected and licensed by the Ohio Department of Agriculture’s Food Safety Division.

Should your Agricultural Business Consider a Non-Disclosure Agreement?

 Catharine Daniels,  Attorney, OSU Extension Agricultural and Resource Law Program

Attorneys across Ohio recently came together for the 2013 Ohio Agricultural Law Symposium to learn about current legal issues for Ohio farmers and agribusinesses.  In a session about protecting the farm and agribusiness,  Cari Rincker, a food and agricultural law attorney in New York City, discussed why farm and agribusinesses might consider using a Non-Disclosure Agreement (NDA) to safeguard confidential business information.

Ohio Legislature Revises Agricultural Commodity Handler's Law

Peggy Kirk Hall, Asst. Professor, OSU Extension Agricultural & Resource Law Program

The Ohio Senate concurred with the House of Representatives yesterday to enact changes to Ohio's Agricultural Commodity Handler's law, commonly known as the Grain Indemnity Fund.  According to the bill sponsors, the changes will better protect Ohio farmers from grain elevator insolvency by raising the fund cap from $10 to $15 million and increasing the minimum fund balance trigger for the per bushel fee assessment from $8 to $10 million.

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