Agricultural And Agribusiness Law

This introductory textbook provides an overview of the concepts necessary for an understanding of agricultural and agribusiness law. The text will help students of land-based industries with little or no legal background to appreciate and identify issues that may require referral or consultation with legal counsel. This new edition is fully revised and updated, particularly addressing developments in taxation and trade, and includes a new chapter on criminal law, an area of increasing relevance to agriculture. Each concise chapter addresses a different legal issue that those employed in agriculture and agribusiness may face, and both federal law and representative examples of state law are included. In addition to traditional topics such as contracts, property law, and estate planning, the book also covers more contemporary issues such as organic certification, animal law, genetically engineered crops, and food safety. Agricultural law extends beyond those directly engaged in farming to those in agribusiness who provide services and inputs to farmers, buy farmers’ products, store or transport products, manufacture food products and serve as intermediaries between farmers and consumers. The book will, therefore, also serve as a reference and a guide for those employed in agribusiness and agriculture.

This introductory textbook provides an overview of the concepts necessary for an understanding of agricultural and agribusiness law. The text will help students of land-based industries with little or no legal background to appreciate and identify issues which may require referral or consultation with legal counsel. Each concise chapter addresses a different legal issue that those employed in agriculture and agribusiness may face, and both federal law and representative examples of state law are included. In addition to traditional topics such as contracts, property law and estate planning, the book also covers more contemporary issues such as organic certification, animal law, genetically engineered crops and food safety. Agricultural law extends beyond those directly engaged in farming to those in agribusiness who provide services and inputs to farmers, buy farmers' products, store or transport products, manufacture food products, and serve as intermediaries between farmers and consumers. The book will therefore also serve as a reference and a guide for those employed in agribusiness as well as agriculture.

This book focuses on the social and environmental issues being addressed by agricultural law within the current globalised system. What is agricultural law? Agricultural regulations concern and affect essential human needs and values that must be dealt with by pursuing a comprehensive and coordinated global approach. By tracking the developments in this context, this book explores the new challenges that agricultural law needs to address in order to frame emerging dilemmas. International governance of natural resources and their role in addressing food insecurity is the object of the first Part of the volume, which deals with sustainable agriculture and agro-ecosystem services in connection with the food security issue. The second Part focuses on the regulation of food as the main product of agricultural activity, and explores the answers that the law can provide in order to accommodate consumers’ interests and concerns (inter alia, novel foods, animal welfare, direct sales and e-commerce). The third Part examines the social, environmental and legal consequences of a renewed interest in agricultural investments. Further, it analyses the evolution and the interplay between different legal systems with regard to land tenure, environmental concerns and investments in agriculture.

Food law is a rapidly developing area, with interest being driven at the consumer, handler and farm level. This introductory textbook provides an overview of the concepts necessary for an understanding of food law and regulations, providing the non-specialist reader with a more comprehensive understanding of food systems from production to consumption. Food Systems Law first introduces the US legal system and then moves on to explain the Federal Regulation of Food systems, the Food Safety Modernization Act (FSMA) and the Farm Bill, the single most important piece of legislation which impacts the way in which federal resources are used within the food industry. The following chapters provide concise explanations of key topics including food safety, food labeling, organic certification and food waste, with examples from US law and policy included. Importantly, the book also addresses key topics which overlap with food law, such as environmental, health and agricultural law. This textbook is geared towards a non-legal audience, particularly students of interdisciplinary food studies and food science who are taking food law courses, as well as those studying agricultural law, food policy and environmental law. It will also be of interest to professionals working in the food industry and those who want to learn more about how food is regulated.

This book represents a first attempt to investigate the relations between Law and Agroecology. There is a need to adopt a transdisciplinary approach to multifunctional agriculture in order to integrate the agroecological paradigm in legal regulation. This does not require a super-law that hierarchically purports to incorporate and supplant the existing legal fields; rather, it calls for the creation of a trans-law that progressively works to coordinate interlegalities between different legal fields, respecting their autonomy but emphasizing their common historical roots in rus in the process. Rus, the rural phenomenon as a whole, reflects the plurality and interdependence of different complex systems based jointly on the land as a central point of reference. “Rural” is more than “agricultural”: if agriculture is understood traditionally as an activity aimed at exploiting the land for the production of material goods for use, consumption and private exchange, rurality marks the reintegration of agriculture into a broader sphere, one that is not only economic, but also social and cultural; not only material, but also ideal, relational, historical, and symbolic; and not only private, but also public. In approaching rus, the natural and social sciences first became specialized, multiplied, and compartmentalized in a plurality of first-order disciplines; later, they began a process of integration into Agroecology as a second-order, multi-perspective and shared research platform. Today, Agroecology is a transdiscipline that integrates other fields of knowledge into the concept of agroecosystems viewed as socio-ecological systems. However, the law seems to still be stuck in the first stage. Following a reductionist approach, law has deconstructed and shattered the universe of rus into countless, disjointed legal elementary particles, multiplying the planes of analysis and, in particular, keeping Agricultural Law and Environmental Law two separate fields.

The differences between agricultural law and food law are becoming progressively blurred. This is only natural because both intend to control that food products placed in the market are safe and respond to a certain standard of quality. In their present form, both are relatively new legal disciplines, evolving and expanding very rapidly and a great number of new and transcendental regulations (and an increasing number of compulsory private rules) are being enacted to respond to new realities. One of these new realities is the legal protection of quality in food. Once almost exclusively applied to a limited number of traditional well-known products and now extended to many products covered by designations of origin or geographical indications. Another area is food safety, a major concern of the legislator. Food alerts, recalls and withdrawals have been carefully regulated to guarantee a rapid and efficient reaction, but these legal mechanisms appear to be less well-designed when dealing with the unwanted consequences of unjustified alerts. A third topic is food prices and trading conditions, an area that cannot always be completely left to unregulated market-forces due to the special nature of the product involved. The above issues are analysed by several experts from different legal backgrounds and countries, a varied approach adequate to the hybrid nature of food law.

Softbound - New, softbound print book.