FLAG : News and Press Releases

New Article to Help Organic Farmers Understand Laws Prohibiting Use of Genetically Modified Organisms

ST. PAUL, MINN. —Most organic farmers are aware that they may not plant genetically modified organisms (GMOs), or seeds developed through genetic engineering, if they wish to market their crops as organic. Yet they may have questions about their legal rights and responsibilities with respect to the unintended presence of GMOs. Organic farmers and farmers transitioning to organic production need information about the regulations governing organic certification. To try to meet the need for legal information, Farmers’ Legal Action Group, Inc. (FLAG) has written a new article, If Your Farm Is Organic, Must It Be GMO Free? Organic Farmers, Genetically Modified Organisms, and the Law.

This article examines requirements to avoid the use of genetic engineering that affect crop and livestock farmers who are certified organic, or who wish to become certified organic. It also briefly addresses handling requirements as they apply to organic farmers. The article concludes with a brief discussion of sales contracts and the ways in which they may impose responsibilities upon farmers that differ from the requirements for organic certification.

In 2004, FLAG published a Farmers’ Guide to GMOs. The new article is a companion piece to the book. “Organic farmers have particular concerns, from maintaining their organic certification to meeting the requirements of their buyers,” notes FLAG attorney Jill Krueger. “Unfortunately, the regulations can be confusing, and answers to some legal questions that organic farmers have are still unclear. The article discusses the importance of addressing issues related to GMOs throughout the organic plan as a way to minimize the risk of violating National Organic Program requirements. The article also discusses the importance of carefully considering risks and negotiating the contract before making promises related to genetically modified organisms to buyers.”

Farmers may download a free copy of the 40-page article by visiting FLAG’s Web site, www.flaginc.org. Printed copies can be obtained by calling FLAG’s office at 651-223-5400. In Minnesota, the phone call is toll-free at 1-877-860-4349. Printed copies are available to financially distressed farmers in Minnesota at no charge; for all others, the cost is $11.00, including postage.

New Publications to Help Farmers Understand Their Rights to Be Paid for Fruit and Vegetable Crops

ST. PAUL, MINN. — Farmers’ Legal Action Group, Inc. (FLAG) announces a new booklet, Understanding Farmers’ Rights to Be Paid for Fruit and Vegetable Crops. Also available is a list of answers to frequently asked questions about farmers’ payment rights under the Perishable Agricultural Commodities Act, Federal Law Protects Farmers’ Rights to be Paid for Fruit and Vegetable Crops. These materials contain important legal information for farmers about their rights to be paid for fruit and vegetable crops.

Because fruit and vegetable crops are perishable and are frequently sold by new farmers with little marketing experience, farmers selling these crops face unique challenges in receiving prompt and fair payment. FLAG’s new materials are intended to help farmers better understand their rights to be promptly and fully paid for their fruit and vegetable crops. FLAG wrote these materials to help answer questions raised by new farmers who were experiencing difficulties in securing payment for their fruit and vegetable crops. The materials were recently presented to a group of beginning farmers at a workshop hosted by The Farmworker Association of Florida, Inc.

The materials focus on farmers’ rights to be paid under the Perishable Agricultural Commodities Act, a federal law designed to ensure fairness in the fruit and vegetable industry. In addition to federal law, farmers’ rights and responsibilities with respect to fruit and vegetable sales transactions may also be governed by state and local laws. The booklet is primarily based on federal law, with many examples drawn from Florida state law. A specific focus of the booklet is sales transactions in which packing houses sell produce on behalf of farmers. The booklet also offers practical suggestions about how farmers can obtain written contracts, what details should be included in those contracts, the importance of recordkeeping, and steps farmers can take to protect themselves when buyers refuse to properly pay them for their fruit and vegetable crops.

News Release
For Release: October 2007
Contact: Jill Krueger – 651-223-5400

ST. PAUL, MINN. — Natural disasters pose a significant threat to all farmers, but organic farmers affected by natural disaster have particular concerns. To address these concerns, Farmers’ Legal Action Group, Inc. (FLAG) has written a new article, Disaster Readiness and Recovery: Legal Considerations for Organic Farmers.

The new article focuses on aspects of federal disaster assistance that are of particular relevance for organic farmers. The first part of the article discusses steps that organic farmers may take to reduce the impact of natural disasters that may occur in the future. The second part of the article discusses federal programs that provide assistance to farmers in order to recover from natural disaster. The article concludes with information about how natural disaster and disaster recovery may affect farmers’ organic certification.

For over ten years, FLAG has regularly published a Farmers’ Guide to Disaster Assistance. The book uses clear language and detailed citations to applicable laws, regulations, and policies to help farmers and their advisors understand and obtain federal disaster assistance. It can be downloaded for free from FLAG’s Web site at www.flaginc.org. The new article is a companion piece to the book. “Organic farmers have particular concerns, from maintaining their organic certification to facing higher costs for crop insurance,” notes FLAG attorney Jill Krueger. “This article tries to meet the need for a source of legal information related to disaster readiness and recovery for organic farmers.”

News Release
For Release: August 7, 2007
Contacts: Jennifer Jambor, FLAG Staff Attorney, 651-223-5400 or

ST. PAUL , MINN. — Farmers’ Legal Action Group, Inc. (FLAG) announces publication of the Farmers’ Guide to Wind Energy: Legal Issues in Farming the Wind. The guide contains important legal information for farmers interested in a range of wind energy developments, whether leasing land to a third-party developer, installing a small wind turbine for on-farm energy needs, or developing a large farmer-owned wind project for profit.

This unique book provides a comprehensive overview of the legal landscape in which wind projects are built, with an emphasis on issues that matter for farmers. It contains critical legal information about regulation of the electric industry; project siting and financing, including government incentives; choice of business structure; property agreements; liability risks; turbine purchase and installation; tax benefits and obligations; and contracts with utilities to connect the wind project to the existing electric grid and sell the generated electricity.

“There are important legal issues in any type of wind-related investment, but these issues are often overlooked in other educational materials on the subject,” explains FLAG staff attorney Jessica A. Shoemaker. “Although this book does not eliminate the need to hire a lawyer, it is intended to empower farmers to make informed decisions in the face of increasing interest in wind energy.”

In addition to this new Farmers’ Guide to Wind Energy, FLAG has recently published other legal education materials related to wind energy. These include a discrete article on negotiating wind-related property agreements and a comprehensive report on state and federal incentives for farmer-owned wind projects.

To request a copy of the Farmers’ Guide to Wind Energy, or any other FLAG publication, call FLAG’s office at 651-223-5400. In Minnesota, the phone call is toll-free at 1-877-860-4349. Bound copies are available without charge to financially distressed farmers in Minnesota; for all others, a bound copy costs $35 plus shipping and can be ordered on FLAG's online publisher. The book can be also downloaded free from FLAG’s Web site at: www.flaginc.org. The Farmers’ Guide to Wind Energy was made possible with the generous support of the Bush Foundation.

New Guide to Help Farmers Participate in the Environmental Quality Incentives Program (EQIP)

ST. PAUL , MINN. — Farmers’ Legal Action Group, Inc. (FLAG) announces a new guide, Is Your Farm “EQIPed” For Conservation: A Farmers’ Guide to the Environmental Quality Incentives Program. The booklet contains important legal information for farmers interested in EQIP, or who are already participating in EQIP. EQIP assists eligible farmers and ranchers to address conservation concerns affecting soil, water, air, wildlife habitat, and other natural resources. Through EQIP, farmers and ranchers can apply for financial assistance, information, and training to implement eligible conservation practices on their farms.

EQIP assistance has enabled many farmers to make changes in their farming operations—such as using contour strips, or rotationally grazing livestock, or adopting integrated pest management--that they otherwise might not have been able to make. But it is important for farmers to understand that when they enroll in EQIP, they sign a legally binding contract.

“Farmers should read, understand, and keep copies of the EQIP contract, which includes the application, appendix, and conservation plan,” notes FLAG attorney Jill Krueger. These three documents set forth farmers’ rights and responsibilities when they participate in EQIP. Krueger notes, “FLAG wrote the guide to help farmers understand if they were eligible for the program, how it could help them in their farming operation, and also how to prevent or address any problems that might arise. For example, canceling the EQIP contract can have serious financial consequences for the farmer. But if the farmer’s circumstances change, they may be able to change the conservation plan and stay in the program, as long as they get written agreement from NRCS.”

Farmers may request a free copy of the guide by calling FLAG’s office. Minnesota callers should dial FLAG’s office at 1-877-860-4349. For out-of-state callers, the number is 651-223-5400. The guide can be also downloaded from FLAG’s website by clicking here.

News Release
For Release: May, 2007
Contact: Jessica A. Shoemaker, 651-223-5400

New Report on Policy Incentives for Community-Based Wind Energy Developments

ST. PAUL , MINN. — Farmers’ Legal Action Group, Inc. (FLAG) announces publication of a new report called Community Wind: A Review of Select State and Federal Policy Incentives. This is a user-friendly guide to existing state and federal policy incentives that specifically seek to promote the local benefits of wind energy developments.

The report covers laws from Colorado, Iowa, Minnesota, North Dakota, Oregon, and the federal government that impact where and to whom the benefits of new wind energy developments flow.

Wind and other renewable energy sources are changing the face of American agriculture. FLAG is committed to providing legal information and education to assist farmers and rural landowners as they respond to these changes.

In addition to the enclosed report, FLAG plans to publish other wind-related legal education materials in the near future. These will include a piece on negotiating wind-related property agreements and a comprehensive Farmers’ Guide to Wind Energy.

A free copy of the Community Wind report can be requested by calling FLAG’s office. Minnesota callers should dial FLAG’s office at 1-877-860-4349. For out-of-state callers, the number is 651-223-5400. The fact sheet can be also downloaded from FLAG’s website.

News Release
For Release: April 18, 2007
Contacts: Susan Stokes, Farmers’ Legal Action Group, St. Paul/651-223-5400

Farmers’ Legal Action Group Testifies Before Senate Agriculture Committee: Congress Should Help Restore Balance in Agricultural Markets and Contracts

WASHINGTON, D.C. — (April 18, 2007) Farmers’ Legal Action Group (FLAG) Program Director Lynn Hayes testified before the United States Senate Committee on Agriculture, Nutrition, and Forestry today, urging Congress to include in the 2007 Farm Bill provisions that restore open and competitive agricultural markets and fair agricultural contracts.

“Over the last few decades, the markets for farmers’ agricultural commodities have experienced a rapid consolidation of market share in the hands of a few large companies and dramatic trend toward more vertical coordination by processing and packing companies,” Hayes testified. “These trends have resulted in huge reductions in the number of buyers available to compete for farmers’ products, a loss of transparency in the markets, manipulation of prices paid to farmers, a sharp increase in the use of production contracts, and a horrendous imbalance in bargaining power between farmers and processors.”

FLAG’s testimony includes suggestions for reform of agricultural contracts to equalize farmers’ bargaining power, including full disclosure of risks and methods of payment and compensation; compensation for growers who make significant investments if t contracts are terminated without good cause; and a prohibition against binding arbitration unless all parties to the dispute agree to it in writing after the dispute arises.

FLAG’s testimony also included a recommendation that Congress pass legislation addressing packers’ use of forward contracts negotiated in secret that create a “captive supply” of livestock; banning packer ownership of livestock longer than seven days in advance of slaughter; and strengthening the 1921 Packers and Stockyards Act, which was intended to prohibit unfair practices between packers and producers.

FLAG Executive Director Susan Stokes added: “Congress has before it a historic opportunity to level the playing field and address the imbalances in market power that have increased dramatically over the past decade. We are grateful to Senator Harkin and the Committee for inviting FLAG to testify on these critical issues that affect family farmers across the country.”

News Release
For Release: March 8, 2007
For More Information: Jill Krueger – 651-223-5400

ST. PAUL, MINN. — Farmers’ Legal Action Group, Inc. (FLAG) announces a new booklet, Understanding Farmers’ Market Rules. The booklet contains important legal information for farmers who sell their vegetables, fruits, flowers, meats, and other foods at farmers’ markets. FLAG wrote the booklet to help answer questions it received from farmers. Farmers’ markets are especially popular among beginning farmers, immigrant farmers, specialty crop farmers, and limited resource farmers. Many farmers who are interested in direct marketing and value-added agriculture begin by selling at farmers’ markets. Because farmers’ markets appeal to new farmers and to farmers with little direct marketing experience, there is a greater need for information for farmers to turn to when they have questions. The booklet is intended to help farmers understand their responsibilities and rights as farmers’ market vendors. FLAG attorney Jill Krueger notes that, “Even though the details of the rules may be different from market to market, there are a few commonly used rules of the market that most often give rise to misunderstandings.” The focus of the booklet is on preventing problems by improving understanding of market rules. But the booklet offers practical suggestions farmers can follow to try to resolve any problems that may arise. It also gives ideas on how to learn about other requirements that may apply to sales at a farmers’ market. In addition to market rules, a market vendor’s rights and responsibilities may also be governed by federal, state, and local laws. A free copy of the article can be requested by calling FLAG’s office at 651-223-5400. Minnesota callers may dial FLAG’s office at 1-877-860-4349. The article can be also downloaded from FLAG’s website at: www.flaginc.org.

FLAG Honors 20 Years of Service to Family Farmers and Rural Communities

On June 12, 2006 FLAG hosted a Continuing Legal Education seminar entitled This Is Not Your Grandpa's Farm Law: Cutting Edge Legal Issues in Agriculture Today. The program and presenters were as follows: (Click on the presenter to see their wirtten material)

Full binder of CLE materials available for $75. Please contact FLAG to request a copy.
View Brochure (PDF)| Photos (HTML)

On November 17, 2006, FLAG held a Farm Fresh Breakfast to honor some of the people who have performed vital roles in the family farm movement during the past two decades. St. Paul’s Mayor Chris Coleman declared the day "FLAG's Family Farmer Celebration Day" and signed a Mayoral Proclamation describing FLAG’s work since its founding in 1986. Featured speaker was Minnesota Attorney General Mike Hatch, and The Honorable Walter F. Mondale gave a keynote address. Nationally syndicated agricultural columnist Alan Guebert acted as the Master of Ceremonies. Awards included:

View Invitation (PDF) | Program (PDF) | Photos (HTML) | 20th Anniversary Video Scrapbook (99.26 MB WMV file) Please note: This is a 20-minute video with music. Depending on your Internet connection, this could take several minutes to download.

National Farmers Union President Tom Buis drops by the FLAG office to visit with
the staff and Board of Farmers' Legal Action Group.
(November 17, 2006)

SAINT PAUL, MN (September 20, 2006) – Farmers’ Legal Action Group, Inc. (FLAG), is pleased to announce that Lynn A. Hayes became FLAG’s Program Director, effective September 1, 2006.
FLAG—a nonprofit law center that works on behalf of family farmers and rural communities—was founded in 1986 in response to the farm crisis then sweeping the country. Hayes was one of FLAG’s founding attorneys.

During her tenure at FLAG, Hayes was lead or co-counsel in several nationally significant lawsuits, including Coleman v. Lyng, a national class action lawsuit against the Farmers Home Administration that resulted in an order that protected more than 80,000 farmers from foreclosures for 18 months; the Minnesota Milk Producers Association's challenge to federal milk marketing order provisions that discriminated against Midwest dairies; and the challenge of federal commodity checkoffs that was ultimately decided by the U.S. Supreme Court. Hayes has presented at hundreds of workshops for farmers and their advocates on agricultural credit, contract farming, environmental issues related to farming, commodity pricing, and antitrust issues.

”We are thrilled to have Lynn, one of the first and most tireless legal advocates for family farmers, back at FLAG and leading our legal work,” said Susan Stokes, FLAG’s Executive Director.

Hayes left FLAG in the spring of 2002 to move to Pittsburgh, Pennsylvania. After working remotely for three years for the Office of the Monitor reviewing African-American farmers’ claims in the race discrimination case against USDA, Pigford v. Veneman, and acting as "Of Counsel" for FLAG, Hayes rejoined the organization as a Senior Staff Attorney for FLAG in February 2006. She resumed her previous position of Program Director on September 1.

Hayes received her B.A. in English from Coe College in Cedar Rapids, Iowa, and her J.D. from Columbus School of Law, Catholic University of America, in Washington, D.C.

FLAG works to support a strong agricultural economy that supports vibrant rural communities, protects the environment, and promotes a safe, diverse, and stable food supply.

Karen Krub Testifies before the Senate Committee on Agriculture, Nutrition & Forestry in a hearing to examine the Department of Agriculture farm loan programs.

For More Information:
Susan Stokes, Executive Director Farmers’ Legal Action Group, Inc. (651) 223-5400

Farm Organizations Urge a U.S. Court of Appeals to Uphold State Laws that Promote Family Farming.

ST. PAUL , MINN. —Farmers’ Legal Action Group (FLAG) today filed an Amicus, or Friend of the Court, brief asking the Eighth Circuit Court of Appeals to uphold states' authority to enact laws that promote family farming by restricting corporations’ ability to own farmland or engage in farming. The Amicus brief, filed on behalf of 35 national, regional, and state farm and community organizations, urges the Eighth Circuit Court of Appeals to reverse a December 2005 decision of the U.S. District Court for the District of Nebraska which struck down "Initiative 300," Nebraska's constitutional amendment that restricts non-family-owned corporations from engaging in farming and ranching.

The U.S. District Court held that the Nebraska corporate farming law violates the U.S. Constitution because it discriminates against out-of-state economic interests. The farm organizations argue that Initiative 300, like other states’ laws restricting corporate farming, fosters family farming and healthy rural communities, and is a legitimate regulation of a state's agricultural system.

"Studies and real-life experiences show that family farming provides real social and economic benefits for entire rural communities," says Kathy Ozer, Executive Director of the National Family Farm Coalition. "In contrast, non-family-owned corporate farming is associated with lower incomes, less civic involvement, and a decline in the general welfare of rural America."

Minnesota Farmers Union President Doug Peterson adds, "The citizens of Nebraska wisely voted to approve a constitutional amendment which they believed promotes family farming and allows for the continued viability of their rural communities. The courts should not overrule their decision."

Mark Schultz, Policy Program Director for the Land Stewardship Project, emphasized, "Other states have also recognized the importance of preserving family farming through restrictions on non-family-based corporate farming. For example, the Minnesota Legislature found that it is in the interests of the state to encourage and protect the family farm as the most socially desirable mode of agricultural production. Family farming enhances the stability and well-being of our rural communities and rural families."

Eight states have laws similar to Nebraska’s that may be open to legal challenge if the Eighth Circuit Court of Appeals does not reverse the lower court’s decision in this case. Susan Stokes, FLAG’s Executive Director, warns: "An Eighth Circuit decision reversing the U.S. District Court in Nebraska is key to states’ retaining the ability to pass laws that help preserve the family farm system of agriculture."

Farmers' Legal Action Group is a non-profit law center dedicated to providing legal services to family farmers and their rural communities in order to help keep family farmers on the land. The brief is available at www.flaginc.org.

April 3, 2006: The Minnesota Supreme Court last week affirmed a $62 million decision against BASF Corp. for defrauding farmers with deceptive labels on one of its herbicides. The farmers, represented by Minneapolis lawyer Douglas Nill , originally prevailed with a $15 millionjury verdict, which was trebled, and has since grown with interest over eight years. FLAG submitted an amicus brief to the Minnesota Supreme Court on behalf of the farmers to the BASF is appealing the decision to the U.S. Supreme Court.

For More Information:
Dana Jackson, Land Stewardship Project, 651-653-0618;
Barth Anderson, Wedge Community Co-op, 612-465-8810

Real Dirt on Farmer John Film & Farmer Panel Discussion to be Featured Jan. 20 in Minneapolis

MINNEAPOLIS, Minn.—The award-winning film, The Real Dirt on Farmer John, will be shown Friday, Jan. 20, at the Regal Brooklyn Center 20, 6420 Camden Ave. N., in Minneapolis. Call 1-800-326-3264 (ext. 251) for show times. For information on group ticket sales, contact Chris at 763-560-6300. A panel discussion consisting of Twin Cities area farmers will take place between showings. The discussion, sponsored by the Land Stewardship Project and the Wedge Community Co-op, will give audience members an opportunity to respond to the film, as well as to learn how they can support a local food system based on sustainable family farming.

The Real Dirt on Farmer John (www.therealdirt.net) is a character study/docudrama depicting a 55-year span in the life of John Peterson and his Illinois farm. Filmmaker Taggart Siegel weaves together Peterson’s haunting and humorous journey of struggle that consists of “hippie days,” vicious rumors and violence, the farm crisis of the 1980s, death and resurrection. The film documents how despite numerous obstacles and setbacks, Peterson’s conventional farm was successfully reinvented as Angelic Organics, a Community Supported Agriculture (CSA) operation that serves the Chicago area. Angelic Organics (www.angelicorganics.com) is a partner in the Stateline Farm Beginnings initiative in Illinois, a beginning farmer program developed by the Land Stewardship Project (LSP) here in Minnesota.

The Real Dirt on Farmer John has won numerous awards, including the Chicago International Documentary Festival’s Audience Choice Award for Best Feature.

LSP, founded in 1982, is a nonprofit, membership-based organization that works to foster an ethic of stewardship for farmland, to promote sustainable agriculture, and to develop sustainable communities. LSP provides numerous resources for connecting family farmers with consumers who want to purchase fresh, locally produced food. For more information, visit www.landstewardshipproject.org, or call 651-653-0618. The Wedge Community Co-op, founded in 1974, is a pioneer in bringing organically produced food to Twin Cities consumers. Details on the Wedge are available at www.wedge.coop or by calling 612-871-3993.

Please join FLAG senior staff attorney Stephen Carpenter and Farmer John
for a Q&A session on family farms after the early evening screening
Sunday, January 22nd
click here for more detail

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