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Navigating Maryland’s Open Burn Laws

More on Scare Guns and the Right-to-Farm Law

What is a Cottage Food?

Maryland Circuit Court Judge Reverses Final Maryland AFO Permit

Risk Management Consideration with hemp

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Note: This website is intended to provide general information about legal issues, crop insurance, farm policy, and other risk management issues and should not be construed as providing legal advice. It should not be cited or relied upon as legal authority. For advice about how the issues discussed here might apply to your individual situation, you should consult an attorney.

Welcome to the Maryland Risk Management Education Blog, provided by the University of Maryland Department of Agricultural and Resource Economics and features the work of the Maryland Crop Insurance Education program and the University of Maryland - MPowering the State's Agriculture Law Education Initiative, a University of Maryland Extension Signature Program. This blog provides readers with information on risk management issues important to Maryland agriculture, upcoming events, and new materials that may interest readers.

Good News for Specialty Crop Growers: USDA’s Harmonized GAP Plus+ Now Fulfills Technical Requirement

Nov 14, 2018
3 min

Good News for Specialty Crop Growers: USDA’s Harmonized GAP Plus+ Now Fulfills Technical Requirement

By Nicole Cook This article is not a substitute for legal advice. See here for the site’s reposting policy. This summer brought some good news for specialty crop growers in terms of streamlining produce safety regulatory requirements for farmers. The U.S. Department of Agriculture (USDA) announced that USDA’s Harmonized Good Agricultural Practices (GAP) Plus+ Audit Program for specialty crops is now accepted as technically equivalent by the Global Food Safety Initiative (GF

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Weekly Roundup April 20th

Apr 20, 2018
2 min

Weekly Roundup April 20th

By Sarah Fielder Syngenta Settlement Checks Not Likely Till 2019 Attorneys for the plaintiffs told news sources this week that settlement checks would be likely in the first half of 2019 after a federal judge gave preliminary approval to the settlement. The court still has to determine if the settlement is fair to all the class members. To learn more about this process, click here http://bit.ly/2J6HWPP. Order Granting 10 Arkansas Farmers Exemption From Dicamba Restrictions

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Weekly Roundup April 13th

Apr 13, 2018
2 min

Weekly Roundup April 13th

By Sarah Fielder State Estate Tax Exemption Set at $5 Million As the recent session of the Maryland General Assembly comes to an end this week, one of the bills passed that will become law without the Governor’s signature is legislation to end Maryland’s recoupling with the federal estate tax exemption. Maryland was scheduled to recouple in 2019 with the federal exemption, but Congress recently doubled the estate tax exemption. Based on the recent legislation, Maryland’s es

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FDA Releases Draft Guidance For Determining Whether A Business Qualifies As Small Business With FSMA

Mar 29, 2018
3 min

FDA Releases Draft Guidance For Determining Whether A Business Qualifies As Small Business With FSMA

By Nicole Cook The article is not a substitute for legal advice. See here for the site’s reposting policy. On March 19, 2018, the Food and Drug Administration (FDA) released draft guidance to assist businesses in determining whether they qualify as a “small business” under the Preventive Controls for Human Food and Preventive Controls for Animal Food regulations. The FDA published final rules on September 17, 2015, to implement the Food Safety Modernization Act’s Hazard Ana

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Reposting or Liking Other People’s Unapproved Drug Claims About Products Could Land You In Trouble

Mar 8, 2018
3 min

Reposting or Liking Other People’s Unapproved Drug Claims About Products Could Land You In Trouble

By Nicole Cook Be Careful What You “Like” on Social Media: How Retweeting, Reposting or “Liking” Other People’s Unapproved Drug Claims About Your Products Could Land You In Legal Trouble. This is not a substitute for legal or financial advice. See here for the site’s reposting policy. If you sell food, then you know that Food and Drug Agency (FDA) regulations strictly prohibit you from asserting or even implying on your product’s label that your product can treat, prevent or

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Weekly Roundup Feb. 2nd

Feb 2, 2018
2 min

Weekly Roundup Feb. 2nd

By Sarah Fielder Warmer Winter Causing Drought in Mid-Atlantic Region Less snow this winter in the Mid-Atlantic region is leading to drought conditions according to the National Weather Service. To learn more about drought conditions in the Washington region click here http://wapo.st/2EqbXsw. First Organic Distillery Certified in Maryland McClintock Distilling is the first certified organic distillery in Maryland. The distillery is in Frederick and every aspect of the distil

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Jan 23, 2018
8 min

FDA WON’T ENFORCE CERTAIN FSMA RULES WHILE IT SEEKS RULEMAKING

January 23, 2018 / Nicole Cook This is not a substitute for legal advice. See here for the site’s reposting policy. On January 4, 2018, the Food and Drug Administration (FDA) issued Industry Guidance announcing that, effective immediately, it intends not to enforce certain provisions in four of the agency’s rules implementing the Food Safety Modernization Act (FSMA), and will seek rulemaking to address issues that have been raised since the FSMA rules became final. Specifica

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Weekly Roundup Nov. 17th

Nov 17, 2017
2 min

Weekly Roundup Nov. 17th

By Sarah Fielder Save the Date for the Ag Outlook and Policy Conference The Department of Agricultural and Resource Economics annual Ag Outlook and Policy will be held on Dec. 12 at the Crowne Plaza in Annapolis. The conference will feature Kevin McNew, President, GeoGrain and Adjunct Professor in AREC, giving a 2018 commodity market outlook and Howard Leathers and Dale Johnson discussing the current dairy economy. Register at https://go.umd.edu/AREC17. Continuous Emissions

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FDA Requests Your Comments on Proposed FSMA Water Extension

Oct 26, 2017
5 min

FDA Requests Your Comments on Proposed FSMA Water Extension

By Mayhah Suri Last month, the U.S. Food and Drug Administration (FDA) filed a formal notice of proposed rulemaking to extend the compliance dates for the agriculture water requirements of the Produce Safety Rule section of the Food Safety Modernization Act (FSMA). The new proposed dates for agricultural water compliance vary based on farm size: January 26, 2022 for the largest farms (more than $500,000 in average annual sales for the 3 previous years) January 26, 2023 for s

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New FDA Tools to Assist With FSMA Implementation

Sep 19, 2017
2 min

New FDA Tools to Assist With FSMA Implementation

By Sarah Everhart This is not a substitute for legal advice. See here for the site’s reposting policy. The U.S. Food and Drug Administration (FDA) recently released two tools to help with the implementation of the Preventive Controls and Produce Safety Rules of the Food Safety Modernization Act (FSMA). As we have previously posted, the Preventive Controls Rule of FSMA is a federal food safety law applicable to facilities that manufacture, process, pack, or hold food for cons

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Weekly Roundup Sept. 15th

Sep 15, 2017
2 min

Weekly Roundup Sept. 15th

By Sarah Fielder Banned Pesticides Leaking into California’s Water Supplies Banned pesticides are seeping into California’s water sources from illegal pot fields hidden in the state’s forests. Reuters highlights the chemicals being found in California’s water systems and the issues with the illegal pot farms hidden in state and national forests throughout the state. To read the story, click here http://reut.rs/2wW5tAp. Updated Right-to-Farm Law Fact Sheet is now Available M

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What Does “Healthy” Mean? Give the FDA Your Two Cents

Nov 2, 2016
2 min

What Does “Healthy” Mean? Give the FDA Your Two Cents

By Sarah Everhart What does “healthy” mean? This is not an easy question to answer and a subject that my four year old son and I often debate. The U.S. Food and Drug Administration (FDA) recently started a public process to redefine what the label of healthy means to consumers. According to the FDA, redefining healthy is part of an overall plan to provide consumers with information and tools to easily and quickly make food choices consistent with public health recommendation

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FDA Inspections on the Farm

Aug 24, 2016
2 min

FDA Inspections on the Farm

By Sarah Everhart Although farmers might not be surprised to face an inspection from a state agency such as the Maryland Departments of Agriculture or Environment, they may be unprepared for an inspection from the federal Food and Drug Administration (FDA). Understanding the legal authority and permissible scope of an FDA inspection can alleviate confusion surrounding this type of inspection and help the process run a bit smoother. The federal Food, Drug and Cosmetic Act (FDC

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FDA Issues Final Rule on Sanitary Transportation of Human and Animal Food

May 4, 2016
3 min

FDA Issues Final Rule on Sanitary Transportation of Human and Animal Food

By Ashley Ellixson This article first appeared in the April 26th Edition of the Delmarva Farmer. If you have not heard of the Food Safety Modernization Act (FSMA) yet, you will likely be hearing about it more this year. We have also written posts on the blog! What is FSMA? In short, it is legislation amending the Food, Drug and Cosmetic Act (FDCA) and giving the Food and Drug Administration (FDA) the authority to mandate preventive-based controls across the food supply chain

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Administering Antibiotics to Livestock- Federal and Potentially State Legal Controls

Mar 22, 2016
2 min

Administering Antibiotics to Livestock- Federal and Potentially State Legal Controls

By Sarah Everhart According to the U.S. Center for Disease Control, at least 2 million people in the United States become infected with bacteria resistant to antibiotics each year, and at least 23,000 people die as a direct result of these infections. To address this health concern, identical bills have been introduced into the Maryland House (HB829) and Senate (SB607) which aim to prohibit producers from administering antibiotics or antimicrobial drugs to cattle, swine, or

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Weekly News Roundup: February 5th

Feb 5, 2016
2 min

Weekly News Roundup: February 5th

By Mayhah Suri How The Super Bowl Shaped The Chicken Industry! On January 15, 1967, the Green Bay Packers faced off against the Kansas City Chiefs in the very first Super Bowl. On that day, few of the estimated 51 million fans gathered around their television sets realized the profound impact the Super Bowl would have on chicken consumption in the United States. The Packers won the game 35-10, but ultimately the real winner was chicken – particularly wings. To read the ful

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News Roundup: January 22nd Edition

Jan 22, 2016
4 min

News Roundup: January 22nd Edition

By Mayhah Suri President Vetoes Anti-WOTUS Measure On January 19th, President Obama delivered an expected veto of a congressional resolution that would kill the administration’s “waters of the United States” rule redefining the jurisdiction of the Clean Water Act. “Because this resolution seeks to block the progress represented by this rule and deny businesses and communities the regulatory certainty and clarity needed to invest in projects that rely on clean water, I cannot

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What is a “Natural” Food? The FDA Wants You To Weigh In

Dec 15, 2015
2 min

What is a “Natural” Food? The FDA Wants You To Weigh In

By Sarah Everhart We all have cupboards full of products claiming to be “natural,” “all natural” or “100% natural,” but what do these terms really mean? The Food and Drug Administration (FDA) recently issued a request for public comment on why a binding and comprehensive definition of the term “natural” is necessary and what that definition should be. The FDA is seeking public comment because it received citizen petitions asking both that the agency define the term “natural”

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Weekly News Roundup: November 20th Edition

Nov 20, 2015
4 min

Weekly News Roundup: November 20th Edition

By Mayhah Suri Two New Proposed Positions for the Aquaculture Coordinating Council Encouraging oyster growth has been an important part of Maryland’s environmental efforts to clean up the Chesapeake Bay as oysters filter water. Oysters are also a growing sector of Maryland aquaculture. The federal EPA has now expressed interest in the development of best management practices by the Chesapeake Bay Program through an expert panel whose charge is to evaluate the scientific effic

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FDA’s Final Rules: Calorie Counts On Your Favorite Fast Foods?

Dec 1, 2014
2 min

FDA’s Final Rules: Calorie Counts On Your Favorite Fast Foods?

By Ashley Ellixson On November 25, 2014, the U.S. Food and Drug Administration finalized two rules requiring that calorie information be listed on menus in chain restaurants and similar food establishments, as well as vending machines with 20 or more locations. The rules are required by the 2010 Patent Protection and Affordable Care Act. The reasoning behind the rules is the idea that consumers need the information in order to make informed choices for themselves and their

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