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Click here to download a PDF version of Ag Law & You, Second Edition

TABLE OF CONTENTS
5 Chapter One: Agricultural Labor
29 Chapter Two: Animal Liability
32 Chapter Three: Environmental Law
43 Chapter Four: Estate Planning
52 Chapter Five: Licenses and Sales Taxes for Sale of Farm Products
55 Chapter Six: Operation of Vehicles and Equipment
68 Chapter Seven: Property
72 Chapter Eight: Hunting and Wildlife
82 Index
85 Appendix
 
Acknowledgements

The Alabama Farmers Federation is proud to offer you a newly-revised printing of Ag Law and You. The first printing proved to be a widely used and welcomed reference for Alabama farmers. The production of an agriculture law book was requested by many in farming as a guide to help prevent them, as users, from violating the laws of the State of Alabama as they went about their daily course as farmers. The use of this book by persons in production agriculture, agri-business, academics, law enforcement and perhaps politics must certainly be done with the thought in mind that the document is not comprehensive in its application but is sufficient as a guide to steer its user in the proper direction. If you have legal questions you should contact your attorney to fully discuss that particular legal situation.

Ms. Kelly Segrest served as an intern with the Alabama Farmers Federation Department of Governmental Affairs and was the project coordinator for the revision. Kelly was assisted by Dr. William Hardy Jr., J.D., associate dean of the College of Agriculture at Auburn University and professor of Agriculture Law and Economics at Auburn University, and Paul Pinyan, J.D., assistant director of the Department of Governmental Affairs for the Alabama Farmers Federation. Freddie Patterson, director of Governmental Affairs outlined the mission to not only update the law book but also to make it more user friendly. I hope that the charts and the removal of some of the legalese make this a source of quick reference to legal questions you may encounter on your farms.

We join the farmers of Alabama in expressing a word of appreciation to the many state agencies including the Alabama Department of Public Safety, Alabama Department of Agriculture and Industries, Alabama Department of Environmental Management, Alabama Department of Industrial Relations, U.S. Department of Labor, and the Alabama Department of Revenue. It is the hope of everyone involved in this project that this can serve as an educational tool to help the agriculture community comply with the laws by referencing Ag Law and You.


Jerry A. Newby, President, Alabama Farmers Federation


Important Notice

This handbook is intended to provide accurate and authoritative information with regard to the various subject matters covered in it. It is being provided by the Alabama Farmers Federation with the understanding that neither the Federation nor any of the persons involved in the preparation of this handbook is hereby engaged in rendering legal, tax, accounting, or other professional services. If legal advice or other professional assistance is required, the services of your attorney should be sought.

At various points in this handbook, references and citations are made to statutes, regulations, and governmental publications. All quotations of and references to these materials are believed to be current and reliable as of the date of publication, but these materials are also subject to change at any time. No responsibility is assumed for editorial or clerical errors. Updated information concerning statutes and regulations can be obtained at a number of public websites and resources in addition to those available at public libraries. Excellent basic sources for Alabama laws include Alabama.gov, Alabama Legislative Information System and Office of the Alabama Attorney General. A huge collection of links to legal materials of all types for all states, including Alabama, is contained in FindLaw.

July 2005


Ag Law and You: Frequently Asked Questions

At the annual meeting of the Alabama Farmers Federation in Mobile in December 1999, the membership approved the following resolution: "It is recommended that we publish a handbook to help farmers stay abreast of current laws and regulations..but not be limited to requirements for operating ‘slow moving vehicles'...a brief summary of livestock laws...regulations for hauling oversized loads..child labor pertaining to farmers." This publication is an outgrowth of that resolution.

It was ultimately decided that the best way to proceed was to develop an index of topics to be addressed; this would form the basis of the handbook. In addition, a number of frequently asked questions (FAQs) would be ascertained and the answers to the FAQs would be developed. Toward this end, the leadership of the Alabama Farmers Federation was surveyed. Recipients of the questionnaires were asked to select the agricultural law topics of greatest interest to them and to list the legal questions that come up most often in the day-to-day operation of their farms.

Five hundred thirty-nine leaders responded to the questionnaire. The major topics resulting from the questionnaire were as follows: agricultural labor, animal liability, contracts, environmental law, estate planning, licenses and sales taxes for sale of farm products, operation of vehicles and equipment, and property. All the questions were grouped into one of the above eight categories. Responses to these FAQs are contained within this handbook.