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New Risk Management and Disaster Guides Available (11/17/09) USDA Announces FLAG Beginning Farmer Grant (11/3/09) Shirley Sherrod and Betty Bailey Receive FLAG’s Family Farm Champion Award (10/26/09) SAVE THE DATE: 5th Immigrant and Minority Farmers Conference (10/7/09) New Farmers' Guide to Disaster Assistance Available (6/20/08) New Guides to Help Farmers Understand and Negotiate Organic Dairy Contracts (5/13/08) Translated Guide Helps Hmong Producers Evaluate Poultry Contracting (4/18/2008) News and Press Release Archive News Release New Risk Management and Disaster Guides Available ST. PAUL, MINN. - Farmers' Legal Action Group, Inc. (FLAG) has posted on its website a trove of new risk management and disaster publications for family farmers and farm advocates. These mini-guides to federal programs were prepared for a series of risk management trainings conducted this summer and fall, funded by the USDA's Risk Management Agency. The new publications, which are accessible without charge in the Publications section of FLAG's website, include these topics:
News Release USDA Announces FLAG Beginning Farmer Grant Agriculture Deputy Secretary Kathleen Merrigan, in Elgin, Minnesota, today announced the award of more than $17 million in grants to 29 institutions – including Farmers’ Legal Action Group, Inc. (FLAG) – to address the needs of beginning farmers and ranchers and enhance the sustainability and competitiveness of U.S. agriculture. Merrigan said, "The training and education provided through these grants will help ensure the success of the next generation of farmers and ranchers as they work to feed people in their local communities and throughout the world." View USDA News Release (PDF) News Release Shirley Sherrod and Betty Bailey Receive FLAG’s Family Farm Champion Award ST. PAUL, MINN. (October 26, 2009) – At a celebration dinner following its annual in-person Board meeting held last week in Albany, Georgia, Farmers’ Legal Action Group, Inc. (FLAG), honored Shirley Sherrod and Betty Bailey, two long-time Board members who recently retired from FLAG’s Board. Shirley Sherrod and Betty Bailey each received FLAG’s Family Farm Champion award for serving family farmers and rural communities as tireless advocates for justice during some of the toughest decades for smaller farms in the past 50 years.
The first recipients of FLAG’s Family Farm Champion award were Minnesota family farmers and leaders Anne Kanten and Lou Anne Kling, who were given the honor at FLAG’s 20th anniversary celebration in 2006. FLAG applauds these two remarkable women, Betty Bailey and Shirley Sherrod, for their hunger for justice, and for their courage, kindheartedness, and tenacity. And we wish them all the best in their future endeavors, as Betty and her husband enjoy their “retirement” by farming and selling their produce in and around Durham, NC; and as Shirley serves as Georgia Director for Rural Development by appointment of USDA Secretary of Agriculture Tom Vilsack. For Release: March 16, 2009 Farmers Urged to Learn about GMOs Before Planting 2009 Crops ST. PAUL, MINN. — Farmers who plant seeds that have been genetically modified (GMOs) need to understand the serious legal risks and implications of using those seeds, says Farmers’ Guide to GMOs, just released in its updated second edition by Farmers’ Legal Action Group (FLAG). Whether farmers grow GMOs, conventional seeds, or are certified organic, the use of GMOs in commercial agriculture can affect operations and have costly legal ramifications. GMO contamination is one of the primary GMO-related problems. “In a world of widespread production of GMO crops, what one farmer plants may seriously affect all of his neighbors’ crops. Certain crops, such as corn and canola, cross-pollinate, causing genetic material to migrate,” said attorney Lynn Hayes, author of the updated edition of the Guide. “Farmers may be unable to market contaminated non-GMO crops, and GMO growers may face liability for unintentional contamination of their neighbors’ crops.” Hayes said farmers assume significant obligations and legal liabilities when they sign GMO contracts—or even open a bag of GMO seeds. “Common obligations include how and where to plant, including creating ‛refuges’ of non-pest-resistant varieties; giving up the right to save seed; opening up their fields and all records—including filings usually subject to the Privacy Act—to inspections; and agreeing to specified remedies if the farmer violates the agreement.” In most cases, saving seed—an age-old practice among farmers—is prohibited as to GMOs, and there are stiff penalties for doing so. “Farmers may not save seed containing ‛patented’ genes resulting from accidental cross-pollination from a neighboring GMO group or any other source,” Hayes said. Farmers are urged to know all of the legal implications of planting genetically modified seeds before they plant. The Guide can be downloaded (1,064 KB) at no charge from FLAG’s website at www.flaginc.org (under “Publications”). A bound copy of the book is available without cost to financially distressed Minnesota farmers by calling 1-877-860-4349; for other persons, the charge is $18 per book, plus shipping. Orders can be placed by calling FLAG’s office at 651-223-5400, or by ordering directly from the publisher through FLAG’s website. The book is also available on CD for $5. FLAG is a nonprofit law center dedicated to providing legal services to family farmers and their rural communities to help keep family farmers on the land. This updated Farmers’ Guide to GMOs was made possible with financial support from the CornerStone Campaign, Patagonia, Inc., and The John Merck Fund. View the Farmers' Guide to GMOs For More Information: Ly Vang, 651-255-0799 or 4th Minority and Immigrant Farming Conference on Friday and Saturday, March 20-21, 2009, in St. Paul, MN St. Paul—The Association for the Advancement of Hmong Women in Minnesota, Minnesota Food Association, and USDA-Farm Service Agency will jointly co-host the 4th Minority and Immigrant Farming Conference on March 20-21,2009 at The Wilder Foundation’s Auditorium on 451 South Lexington Parkway at the corner of University Avenue in St. Paul, MN. The conference theme is “Helping To Grow Profits On Your Small Farm.” Farmers’ Legal Action Group is one of the conference’s sponsors. The two-day conference will focus on important topics for the farmers that include knowing your production costs, composting, transitioning to organic farming, managing agricultural risks, food safety, marketing, Farm Bill and policy, and applying for grants and loans. According to survey results conducted by the University of Minnesota, the major barriers for success in farming for minority vegetable growers in the Twin Cities Metropolitan Area are: lack of farming skills and knowledge, access to and knowledge of markets, and language and cultural barriers. The upcoming conference provides opportunities for the betterment of minority and underserved farmers that have the greatest needs for sustained successes in their small farm operations. The 2007 Census of Agriculture shows that immigrants are among the fastest growing sector of farmers today. Immigrant farmers are passionate about and experienced in agriculture, and have shaped the character of U.S. agriculture throughout American history. While the number of farms in our country has been declining since WWII, the census now shows a leveling of this trend which can be accredited to the increasing numbers of immigrant farmers across all demographic groups. Immigrant farmers are diverse in terms of country of origin, where they live, what they produce and how they sell. By supporting these new and aspiring farmers, we not only will ensure that there will be adequate supply of local foods available in our communities, but also contribute to local economic development and healthy communities. The conference will be interpreted into Laotian, Hmong, Spanish, Karen and Cambodian languages. The conference hosts invite farmers of any language to register. Interested participants please call the hosts with translation or other needs. The training conference is intended to foster partnerships between non governmental community based organizations, MDA, and the USDA Agencies to assist minority, limited resources and underserved farmers in Minnesota and Western Wisconsin. The deadline to signup is Monday, March 9, 2008. Registration is on line at www.mnfoodassociation.org;
Interested farmers and CBOs can register online at or by calling MFA at 651-433-3676, or the Association for the Advancement of Hmong Women in Minnesota at FLAG Memo Effect of the White House Hold on Administrative Agency Rulemaking on 2008 Farm Bill Implementation and Other Recent Rules Affecting Farmers On January 20, 2009, the Obama administration directed the heads of all federal departments and agencies to put a hold on further rulemaking until an appointee or designee of the new administration has had an opportunity to review and approve any new rule. This memo attempts to address questions we have had regarding the impact this hold will have on 2008 Farm Bill implementation and some other significant rulemaking affecting farmers. What the White House Directive Says
The rulemaking hold does not apply to rules subject to statutory or judicial deadlines. There are also exceptions for rules affecting critical health, safety, environmental, financial, or national security functions, but the need for an exception has to be reviewed by the OMB Director and is not entirely up to the agency head. Effect on 2008 Farm Bill Implementation and Other Rulemaking of Interest to Farmers As you will see in the table, almost every rule reviewed took effect before January 20, 2009, and therefore would not be affected by the rulemaking hold in the White House directive. Two rules took effect on January 20, 2009, and their status is not certain, but it seems likely that they would also be considered to have taken effect before the directive was issued. A proposed rule affecting animal identification numbers and premises identification numbers was issued on January 13, with a comment deadline of March 16, 2009. It seems likely that this rule will not be affected by the White House directive because, as a proposed rule, it does not have an “effective date” and because the public comment period already extends more than 30 days past the date of the directive. Of particular note, the final rule for country-of-origin labeling (COOL) was issued on January 15 and is to take effect on March 16. Under the White House directive, AMS must consider postponing the effective date of this rule for another 60 days beyond March 16 and, if the effective date is postponed, must re-open the comment period for another 30 days. Note that the interim rule for COOL, which took effect on September 30, 2008, will remain in place until the final rule is adopted. How to Have an Impact For rules that are still in the works – for example, rules implementing the remaining 2008 Farm Bill provisions and follow-up on proposed rules whose comment periods are long over – it seems that this regulatory review initiative by the new administration is an opportunity to revisit previous advocacy efforts. Even if the comment period for an interim or proposed rule has passed, it could be worthwhile making contact with the agency, either to advocate directly or to push for a re-opening of the public comment period. For example, on January 26, Secretary Vilsack announced that he would be extending for another 60 days the comment period for the interim rule on payment limitations; the comment period was scheduled to end on January 28. This interim rule was already effective on January 20, so Secretary Vilsack’s action extending the comment period was on his own initiative and was not required by the White House directive. View:
For Release: September 26, 2008 For More Information: Scott County Farmers Urge County to Seek Input and Consider Impact of Agriculture Before Submitting 2030 Comprehensive Plan to Met Council ST. PAUL, MINN. — The Local Harvest Alliance, a local group of farmers and consumers, yesterday filed a request asking Scott County to postpone the completion of its 2030 Comprehensive Plan. The Plan is intended to guide development and land use in Scott County from 2010 to 2030, and is due to be submitted to the Metropolitan Council for approval by the end of 2008. “The County is rushing the Comprehensive Plan through the approval process without first gathering the information it needs to make long-range decisions about big issues, such as the actual demand for housing given the current housing slump and where our food will come from,” said Jennifer Jensen, a farmer and member of the Local Harvest Alliance. As it stands now, the 2030 Plan reduces the amount of farmland in the County from 24 percent to 7 percent, without the County having performed any analysis of how existing agriculture contributes to the County’s economy or how a reduction in Scott County’s farmland will affect the economy and food security within Scott County and the metropolitan area, according to the Local Harvest Alliance’s request. The Local Harvest Alliance also urges the County to study and consider how the promotion of a locally based food production system would contribute to the County’s fiscal health before the County submits its plan to the Metropolitan Council. “Increasing numbers of people are showing a desire for fresh, locally grown products rather than foods that are shipped to Minnesota from thousands of miles away. Given Scott County’s location, and the amount of prime farmland and working farms located here, the County is uniquely situated to take advantage of the increasing demand for local foods,” said Dave Minar, a farmer and member of the Local Harvest Alliance. “Sadly, under the County’s 2030 Plan, much of the County’s best farmland is slated for urban and residential development. If the Plan goes through as currently proposed, the County and its residents will lose the opportunity to take advantage of the many benefits offered by the local foods movement,” stated Minar. The 2030 Plan also fails to take into account where the County’s prime farmland is situated. The County did not even finalize the map of prime farmland until June 17, 2008 —some three months after it gave its approval to the Plan that allots much of that best farmland for residential development. Joe Bowman, also a farmer and member of the Local Harvest Alliance, urges the County to slow down the Plan approval process so that Scott County residents can comment on this drastic step: “Given that much of the County’s best farmland appears to be slated for eventual development under the Plan, County residents should have an opportunity to be heard on this important aspect of the Plan before it is submitted to the Metropolitan Council,” said Bowman. Susan Stokes, Executive Director of Farmers’ Legal Action Group in St. Paul, warns: “The stakes here are high and the County does not have the information it needs with respect to the future of farming in Scott County. In light of the significant impact the 2030 Plan will have on the future of food and farming in Scott County, we are asking the County to do its due diligence before submitting the 2030 Plan to the Metropolitan Council for approval. State law allows the County to request an extension of time from the Metropolitan Council to complete its plan update, so there’s no reason why the County should not request an extension of time.” Stokes adds: “Historic land use patterns in Scott County and surrounding counties establish that once land is zoned to allow other development, large numbers of acres are taken out of agriculture and developed, resulting in a high rate of permanent farmland losses. Once Scott County’s remaining agricultural land is lost to development, the County will not be able to recoup its prime farmland.” The Local Harvest Alliance is a group of local food producers and consumers located in Scott County. The group’s goals are to promote land use development that supports local food production and protects farmland; to develop a vibrant local food economy; and to realize ultimate food security through local food production. To help achieve those goals, the Local Harvest Alliance has been actively engaged in working with Scott County to obtain improvements to the County’s proposed 2030 Plan. FLAG Letter to Scott County re: 2030 Comprehensive Plan (Sept. 25, 2008) Comments concerning Scott County’s proposed 2030 Comprehensive Plan (“2030 Plan”) submitted by Local Harvest Alliance (Mar. 26, 2008) Group Revs Up Effort to Preserve Farmland In Scott County by David Peterson, Star Tribune (Sept. 30, 2008) Future of Farming in the 'Burbs Raises Quite the Ruckus by David Peterson, Star Tribune (Apr. 22, 2008) For Release: June 20, 2008 New Farmers' Guide to Disaster Assistance Available ST. PAUL, MINN. - A familiar resource has been thoroughly revised and updated for farmers who are struggling in the face of natural disaster, and for farmers who want to learn more about the disaster assistance programs included in the 2008 Farm Bill. Farmers' Legal Action Group, Inc. (FLAG) announces that the sixth edition of its book, Farmers' Guide to Disaster Assistance, is now available. "This updated sixth edition of Farmers' Guide to Disaster Assistance provides farmers current information on important legal issues such as program eligibility, obligations of farmers who participate in the programs, and appeal rights," says Jill Krueger, a FLAG staff attorney and one of the book's authors. "We were able to include an overview of provisions from the 2008 Farm Bill in the introduction, and to add key points in the discussion of each affected program. But we won't know all of the details until USDA publishes regulations for the programs." Farmers' Guide to Disaster Assistance includes an easy-to-use chart that provides an overview of federal disaster assistance for farmers. Individual chapters provide detailed descriptions of programs offered by the Federal Emergency Management Agency (including housing assistance and disaster unemployment), federal crop insurance, the Noninsured Crop Disaster Assistance Program (NAP), the Emergency Conservation Program (ECP), disaster assistance programs for livestock producers, Emergency Loans from the Farm Service Agency, the Disaster Set-Aside program for existing loans from Farm Service Agency, Small Business Administration disaster loans (including both home and business loans), as well as brief discussions of bankruptcy and federal income tax issues as they relate to losses caused by natural disaster. A new appendix addresses considerations unique to organic farmers. The book uses clear language and detailed citations to applicable laws to help farmers and their advisors understand and obtain federal disaster assistance. Updated information will be posted on the FLAG website. The book can be downloaded by chapter at no charge from FLAG's website. A bound copy of the book is available without cost to financially distressed Minnesota farmers by calling 1-877-860-4349. For other persons, the charge is $40 per book, and orders can be placed by calling FLAG's office at 651-223-5400 or by visiting the FLAG website at www.flaginc.org. The book is also available on CD for $10. Go to FLAG's Disaster Page For Release: May 13, 2008 For More Information : New Guides to Help Farmers Understand and Negotiate Organic Dairy Contracts ST. PAUL , MINN. — The organic milk market is competitive, and organic dairy producers need information to understand their options when selling organic milk. Farmers’ Legal Action Group, Inc. (FLAG) announces two new articles to help farmers negotiate organic dairy contracts. The articles contain important legal information for dairy farmers interested in selling organic milk to a processor, as well as for those who are already doing so. The first article is called When Your Processor Requires More than Organic Certification: Additional Requirements in Organic Milk Contracts. It reviews contracts for the sale of organic milk that were used in 2007. All of these contracts required that farmers have organic certification. But all of the contracts also included farm practice requirements that went beyond those required for organic certification. For example, requirements related to access to pasture are often spelled out in greater detail than is currently included in National Organic Program regulations. Additional requirements are generally lawful. Farmers should be sure that they understand how to comply with the additional requirements, and how they will show that they have complied. The second article is called Hushed Up: Confidentiality Clauses in Organic Milk Contracts. Some contracts for the sale of organic milk require farmers to agree not to disclose the terms of the contract with any other party. These contract clauses can discourage farmers from seeking legal advice, or from discussing farming or financial concerns with other farmers or financial advisors. “Farmers should read and understand their contracts before they sign them. That is the best time for them to try to negotiate the terms of the contract. Once they have signed a contract with a processor, they should keep a copy for their records,” notes FLAG attorney Jill Krueger. Ed Maltby , Executive Director of the National Organic Dairy Producers Alliance (NODPA) stated, “We believe that these articles will help organic dairy producers to make informed decisions for their own farming operations, as they strive to continue to meet consumer expectations for organic milk.” Farmers may request a copy of one or both articles 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. A small fee is charged for printing and mailing costs for non-farmers. The articles can be downloaded at no charge from FLAG’s website at: www.flaginc.org. They can also be downloaded from the NODPA websites at: www.organicmilk.org or www.nodpa.com. Go to Hushed Up For Release: April 18, 2008 Translated Guide Helps Hmong Producers Evaluate Poultry Contracting ST. PAUL, MINN. - Farmers' Legal Action Group, Inc. (FLAG) has released a translated edition of Questions to Ask Before Signing a Poultry Contract to help Hmong farmers assess the risks and benefits associated with contract poultry production. The publication contains important legal and practical information for Hmong farmers who are considering entering a poultry production contract and those who have been in the business for several years. According to Kay Doby, long-time poultry grower and president of the North Carolina Contract Poultry Growers Association, "[A]nyone thinking of getting into the poultry business should read this publication really carefully. After you have borrowed a half a million dollars to build houses, it's too late if you don't like the terms in the contract." Typically, contract poultry growers invest several hundred thousands to millions of dollars for buildings and equipment for poultry production. The poultry equipment and houses are not easily convertible for other farm uses besides raising birds for a major poultry company. Thus, farmers using their land, house, or savings as loan collateral become completely reliant on their production contract to generate the cash needed to support their family and pay their debts. The materials outlined in the publication, Questions to Ask Before Signing a Poultry Contract, are based on the problems most frequently reported by poultry growers over the last twenty years. Hmong farmers can use the publication as a checklist to see if their contract provides any pay adjustments related to inflation, offers options if they are not satisfied with the poultry growing arrangements, or outlines a grievance procedure or a fair and affordable dispute resolution process. To request a copy of the Hmong translated edition of Questions to Ask Before Signing a Poultry Contract, or any other FLAG publication, call FLAG's office at 651-223-5400. In Minnesota, the phone call is toll-free at 1-577-860-4349. The publication can be downloaded for free from FLAG's website at: www.flaginc.org. The Hmong translated version of Questions to Ask Before You Sign a Poultry Contract was made possible with the generous support of the Ramsey County Bar Association, the Minneapolis Foundation, and the Bush Foundation. Go to the Hmong translated booklet |
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Thank you for visiting FLAG's web site. Please note that the information located on this site is not intended to provide specific legal advice. You should consult an attorney and not rely on any information contained herein regarding your specific situation. 
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Shirley Sherrod, who recently was named USDA Rural Development Georgia State Director, has dedicated her life to social justice. Shirley and her husband, Charles, are icons of the civil rights movement, having led the Albany movement since the early 1960s. Shirley worked on behalf of small and limited resource farmers throughout Georgia at the Federation of Southern Cooperatives since 1985, and was a fellow under the prestigious Kellogg National Fellowship program. In 2000, she helped launch the Southern Rural Black Women’s Initiative, which now is working to improve the lives and communities of women in 77 counties throughout Alabama, Georgia, and Mississippi. Shirley joined FLAG’s Board in 1994, and served as its President from 1995 to 2001.
Betty Bailey joined FLAG’s Board in 1997 and served as its President from 2001 to 2005. Betty, who comes from a farm family, has worked with family farmers her entire life. From 1982 to 1990, she directed the Farm Survival Project, which provided assistance to farm communities in 83 Carolina counties. She is a founder of the 50-organization member Southern Sustainable Agriculture Working Group, and served as the Executive Director of Rural Advancement Foundation International-USA from 1990 until her “retirement” to full-time farming earlier this year. 
Susan Stokes, Executive Director of FLAG, thanked Ms. Sherrod and Ms. Bailey for their decades of service to those who have struggled to earn a living off the land. “We have been incredibly blessed that these extraordinary women have for so long shared with us their wisdom and talents gained from a lifetime of organizing and working on behalf of family farmers and social justice. We can’t think of two people more deserving of the title of Family Farm Champion.” 
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