Ag Law

According to the CDC between ___ % of Americans regularly consume raw milk products. A) 1-3 B) 5-6 C) 6-7 D) 3-5

1-3

According to the 2012 USDA Census of Agriculture, how many farms are there in the US? A) 88 million B) 3.6 million C) 1.5 million D) 2.1 million

2.1 million

FSMA's Produce Safety Rule does not apply to farms that have an average annual value of produce sold during the previous three-year period of ______ less. A) 500,000 B) 45,000 C) 20,000 D) 25,000

25,000

To obtain organic certification, a farmer must show that it has not applied unapproved synthetic chemicals to his or her production land for a period of _____ years. A) 1 B) 2 C) 3 D) 4

3

What percent of US farmland is leased? A) 40% B) 45% C) 25% D) 87%

40%

Farmland Lease Trends

40% of U.S. farmland is rented or leased Only 13% of landlords are current farmers and ranchers vs. 87% NOLOs 45% of landlords have never farmed The average age of principal operators is 58 and steadily increasing.

What percent of farmland lease landlords are non-operator landowners? A) 87% B) 13% C) 40% D) 20%

87%

What percent of animals slaughtered in the US are raised and processed in the modern agriculture factory farms? A) 95% B) 99.5% C) 90% D) 5%

95%

Which of the following best describes California's Prop 2? A) A law that sets clear, specific, minimum space requirements for commercial egg-laying hens. B) A ballot measure setting minimum space requirements for three different species of livestock animals. C) A rule issued by the California Dept. of Agriculture to clarify the minimum space requirements that egg-laying hens must receive. D) A newly-enacted bill prohibiting the in-state sales of certain egg products that were not produced in accordance with state confinement laws.

A ballot measure setting minimum space requirements for three different species of livestock animals.

Which of the following best defines the National List in the National Organic Program? A) A list of third-party entities that perform certification and enforcement functions on behalf of the National Organic Program. B) A list of the individuals responsible for overseering the National Organic Program C) A list of substances that cannot be used in organic production D) A list of synthetic chemicals that are allowed in organic production and which are subject to review every five years

A list of synthetic chemicals that are allowed in organic production and which are subject to review every five years

Environmental Assessment (EA)

A report that an agency prepares under NEPA to provide sufficient evidence and analysis to determine how intensely the agency needs to investigate the potential environmental impact. A report which report they are going to produce!

Which of the following best describes accepted agricultural practices and their role in livestock production. A) A set of industry-derived standards reflecting the practices that the industry deems humane and acceptable. B) A set of guidelines derived by a third-party auditing company to provide consumers with assurance regarding animal welfare methods. C) A set of regulations provided by the USDA regarding the methods that can be used during the transport and slaughter of livestock animals. D) None of the above.

A set of industry-derived standards reflecting the practices that the industry deems humane and acceptable.

Which of the following best describes the Homestead act? A) A statute that offered people tracts of land in exchange for an agreement to settle and farm the tract. B) A statute that provides the government with the power to take private property for urban revitalization projects. C) A statute that protects existing farmers who also live on their farms from nuisance lawsuits. D) A doctrine of Arkansas' equitable distribution approach to divorce that provides a mother with the right to live

A statute that offered people tracts of land in exchange for an agreement to settle and farm the tract.

which of the following is the best legal definition of a nuisance? A) A substantial and unreasonable interference with another person's property interest. B) An unjustifiable and observable interference with personal property, C) None of the above D) A subjective and unreasonable interference with personal property

A substantial and unreasonable interference with another person's property interest.

Which of the following about wills and trusts are accurate? A) A trust is an agreement that allows a party to have control of your assets and to manage them for the benefit of named beneficiaries, whereas a will is a document that describes your wishes regarding dispersal of your property upon death. B) A will is an agreement that allows a party to have control of your assets and to manage them for the benefit of named beneficiaries, whereas a trust is a document that describes your wishes regarding dispersal of your property upon death.

A trust is an agreement that allows a party to have control of your assets and to manage them for the benefit of named beneficiaries, whereas a will is a document that describes your wishes regarding dispersal of your property upon death.

Contributory Negligence (defense to liability)

A visitor's own negligent act causes or contributes to the injury Under Arkansas statute, damages are awarded in proportion to the plaintiff's contributions to his or her own injuries. But if the plaintiff is at least as responsible for the injuries as the defendant, he or she may not recover any damages.

Which of the following best defines a preliminary injunction? A) The first document a party files with that is used to initiate the litigation, identify the parties being sued in the lawsuit, state the factual basis for the plaintiff's claim. B) An order that a party can obtain in the beginning of a lawsuit that prohibits a party to the lawsuit from doing something in order to preserve the status quo. C) A doctrine derived from the Constitution stating federal laws will preempt or take precedence over any state laws seeking to regulate the same conduct. D) There are two separate court systems that can hear legal disputes; state courts and federal courts.

An order that a party can obtain in the beginning of a lawsuit that prohibits a party to the lawsuit from doing something in order to preserve the status quo.

dormant commerce clause

Any state law which affects interstate commerce must be: Rationally related to a legitimate state concern and; The burden on interstate commerce must be outweighed by the benefit to the state's interests.

equitable distribution

Arkansas has adopted the equitable distribution approach to the division of marital assets upon divorce

Which of the following is not one of the official reasons Monsanto gives to support its decision to sue farmers who save its seeds. A) No business can survive without being paid for its product B) It would be unfair to the farmers that honor their agreements to let others get away with getting it for free. farming, like any other business, is competitive and farmers need a level playing field. C) The loss of this revenue would hinder our ability to invest in research and development to create new products to help farmers. We currently invest over $2.6 million per day to develop and bring new products to market. D) Asserting intellectual property rights against farmers regardless of their scale and resources sends a clear message to other producers that seed licenses should be taken seriously and respected.

Asserting intellectual property rights against farmers regardless of their scale and resources sends a clear message to other producers that seed licenses should be taken seriously and respected.

Assignment and subleasing

Assignment: The tenant transfers all of her rights under the lease agreement to another property Subleasing - A tenant leases the property to a subtenant, sometimes for a limited period of time.

Which of the following is not one of the approved methods of slaughter under the HMSA? A) Electrocution B) Captive bolt C) Bleeding D) Gun/rifle

Bleeding

The Constitution is designed to prevent any one branch of the Federal Government from becoming too powerful, what is this concept called? A) Checks and balances/seperation of powers B) judicial review C) federalism D) judicial precedent

Checks and balances/seperation of powers

Which of the following is not one of the four legal classes of animals according to US law? A) Farm animals B) Commercial C) Companion/Pet D) Wildlife

Commercial

Property Damage

Damage to property of customer by business/employee

Employees

Employer is responsible for employee's actions ("vicarious liability") Know employment status - employee vs. independent contractors Provide proper employee training to recognize, mitigate, and report risks & hazards

Exceeding the Scope of the Invitation or Permission (defense to liability)

Example - Visitor enters door that is posted 'Keep Out - Personnel Only' & then is injured in the restricted area

Which of the following is not one of the agencies involved in administration of the Coordinated Framework? A) USDA B) EPA C) FDCA D) FDA

FDCA

Under the Coordinated Framework, what is the FDA's key statute and what is the agency's primary mandate under the statute? A) FIFRA: Must ensure that the pesticide will not pose unreasonable risks of harm to human health or the environment B) FIFRA: Must prevent the introduction or dissemination of plant pests in the US C) PPA: Must prevent the introduction or dissemination of plant pests in the US D) FDCA: Must ensure the safety and proper labeling of all plant-derived food and feed, including those developed through genetic engineering.

FDCA: Must ensure the safety and proper labeling of all plant-derived food and feed, including those developed through genetic engineering.

Under the Coordinated Framework, what is the EPA's key statute and what is the agency's primary mandate under the statute? A) FIFRA; Must prevent the introduction or dissemination of plant pests in the US B) FDCA: Must ensure the safety and proper labeling of all plant derived food and feed, including those developed through genetic engineering. C) FIFRA: Must ensure that the pesticide will not pose unreasonable risks of harm to human health or the environment D) PPA: Must prevent the introduction or dissemination of plant pests in the US

FIFRA: Must ensure that the pesticide will not pose unreasonable risks of harm to human health or the environment

True or False: In a response to a salmonella outbreak linked to foster farms poultry products in 2013, The USDA declared salmonella a per se adulterant.

False

True or False: the federal government recently adopted the Privacy and Security Principles for farm Data Agreement as the governing law regarding farm data.

False

True or false: Under FSMA, the FDA does not have authority to detain food imports.

False

True or false? AMS Grading standards are mandatory on USDA regulated food products

False

eminent domain

Federal and state governments have the right to take both possession and title of private property for a public use as long as they provide the property owner with just compensation.

Under FSMA's Produce Safety rule, a farm can obtain qualified exemption from the rule's requirements if it meets which of the following two factors? A) Food sales averaging less than $500,000 per year during the previous three years and farm sales to qualified end-users exceeds sales to all others combined during the previous 3 years. B) Food sales averaging less than $100,000 per year during the previous three years and farm sales to qualified end-users exceeds sales to all others combined during the previous 3 years. C) Food sales averaging less than $500,000 per year during the previous three years and a permit from the USDA certifying exemption. D) None of the above

Food sales averaging less than $500,000 per year during the previous three years and farm sales to qualified end-users exceeds sales to all others combined during the previous 3 years.

Personal Liability

For businesses that provide a service & service provided inadvertently causes personal harm

Complete this sentence: to be assigned an FSIS inspector and process meat products for distribution in commerce, a facility must apply for and receive a ______. A) Foreign Supplier Verification B) Grant of Inspection C) HACCP Plan D) FSMA

Grant of Inspection

According to the USDA, the detectable presence of GE material in an organic crop does not constitute a violation of NOP standards and regulations, as long as a grower:

Has not intentionally planted GE seed, and; Has taken reasonable steps to avoid contact with GE pollen or seed or both.

negligence

In general, we are required to exercise the same level of care and skill as a reasonably prudent person faced with a similar situation.

Product Liability

Injured by a product that was prepared and/or served to them.

Which of the following is not a generally recognized affirmative defense to liability? A) Exceeding the scope of invitation or permission B) assumption of risks C) contributory negligence D) Insufficiently serious injury

Insufficiently serious injury

What level of care does a landowner owe to people visiting his or her farm?

Invitees (customers) - Duty to look for and repair/warn against unknown and known dangers Licensees, Social Guests, Known Trespassers - Duty to fix or warn against known conditions Known Trespasser - Duty to warn of known dangerous conditions Unknown Trespasser - Duty to not cause harm Child Trespasser - Must protect against attractive nuisances and known dangerous conditions

True or False: If a certified organic producer's crop is subject to GMO drift contamination, he or she will lose his or her organic certification. A) It depends B) False C) True

It depends

Which of the following best describes the Coordinated Framework for the regulation of Biotechnology? A) It describes the federal system for evaluating products developed using biotechnology. B) It describes a set of voluntary guidelines that federal agencies must consider when evaluating biotechnology products C) It reflects the White House's current policies regarding the regulation of biotechnology, including how each agency should apply its existing laws to regulate biotechnology products. D) None of the above.

It describes the federal system for evaluating products developed using biotechnology.

Which of the following best defines the Good Samaritan Laws? A) Laws that provide immunity from civil liability to individuals who donate unused food to any nonprofit organization. B) Laws that provide immunity from civil liability to individuals who donate unused food to any government agency or dept. C) Laws that provide immunity from civil liability to individuals who donate unused food to any private entity. D) Laws that provide immunity from civil liability to individuals who donate unused food to any food bank or shelter.

Laws that provide immunity from civil liability to individuals who donate unused food to any nonprofit organization.

Which of the following best describes the 28-hour law? A) Livestock animals transported for 28 hours or more must be given an opportunity to water, eat, and rest, subject to some exceptions. B) Slaughterhouse must process all livestock animals within 28 hours of arrival if the products are to be sold in interstate commerce C) Livestock animals transported for 28 hours or more must be given an opportunity to water, eat, and rest D) Livestock animals intended for interstate sale cannot be transported longer than 28 hours.

Livestock animals transported for 28 hours or more must be given an opportunity to water, eat, and rest, subject to some exceptions.

How does US law allocate the burden of drift prevention between GMO cultivation and non-GMO cultivators? A) A case-by-case analysis in which the court must examine the extent to which the challenger used reasonable methods to identify and prevent drift. B) Non-GMO cultivators bear the burden and costs of identifying and preventing GMO contamination. C) Non-GMO cultivators can recoup the costs of associated with drift prevention in the event their crops become contaminated and so long as they can identify the source of the drift. D) GMO producers must take reasonable steps to prevent contamination of other producers' fields.

Non-GMO cultivators bear the burden and costs of identifying and preventing GMO contamination.

Which of the following is not one of the four states that have banned the use of battery cages, gestation crates, and veal creates through a state ballot initiative? A) California B) North Carolina C) Massachusetts D) Ohio

North Carolina

Which of the following is not an example of reasonable steps that a non-GMO cultivator can take to protect against GMO drift. A) The use of buffer zones to separate organic from GE-crops B) Timing planting to stagger flowering of organic and GE crops C) Obtaining a preliminary injunction to prevent neighboring agricultural operations from engaging in activities that have a high probability of resulting in drift D) Posting signs to notify neighbors of the location of organic fields.

Obtaining a preliminary injunction to prevent neighboring agricultural operations from engaging in activities that have a high probability of resulting in drift

Which of the following best describes the renewable fuel standard? A) Passed by Congress in 2005, the renewable fuel standard sets voluntary targets for the amount of renewable fuel blended into the national fuel supply each year. B) Passed by Congress in 2005, the renewable fuel standard requires a certain volume of renewable fuel to replace or reduce the quantity of petroleum-based transportation fuel, heating oil or jet fuel. C) Passed by a majority vote of states in 2005, the renewable fuel standard requires a certain number of fossil fuel producers to switch their production to renewable fuels each year. D) Passed by Congress in 2005, the renewable fuel standard requires a certain volume of renewable fuel to be produced within the US each year.

Passed by Congress in 2005, the renewable fuel standard requires a certain volume of renewable fuel to replace or reduce the quantity of petroleum-based transportation fuel, heating oil or jet fuel.

The five main critical control points at a beef or pork slaughter plant are:

Percentage of animals stunned correctly on the first attempt. Percentage that remain insensible. Percentage that do not vocalize (moo, bellow, or squeal) during movement up the race and during handling and stunning. All vocalizations in the stun box or restrainer are counted. Percentage that do not fall or slip during handling. Score slips and falls as separate variables. Percentage moved with no electric prod (goad).

Premises Liability

Property owner fails to protect people from potentially hazardous conditions. Customer is injured on property or 'premises'

Which of the following best defines FSMA's Foreign Supplier Verification program? A) Requires food importers to make physical inspections of foreign food facilities and to personally certify that the foreign food facility produces food as safely as domestic food producers. B) Requires foreign food companies to receive a verification and authorization from the FDA before sending any food products to the US. C) Requires the FDA to verify whether a food import shipment was refused by another foreign country. D) Requires food importers to verify that their foreign suppliers have adequate preventive controls in place to ensure that the imported food is as safe as food originating in the US.

Requires food importers to make physical inspections of foreign food facilities and to personally certify that the foreign food facility produces food as safely as domestic food producers.

Which country has banned the cultivation and import of GMO crops? A) Saudi Arabia B) Russia C) Canada D) The EU

Russia

Types of leases

Tenancy At Will, Periodic Tenancy, Tenancy for a Term of Years, Tenancy at Sufferance

Which of the following best describes the FDA's approach to the use of the term "natural" in food labeling? A) The FDA defines natural the same way that the USDA defines natural B) The FDA has issued no guidance or official rule on the use of the term natural in food labeling C) The FDA has officially defined natural as foods that do not contain synthetic substances and which have undergone only minimal processing. D) The FDA has not defined the term natural, but does not object to its use if the food does not contain added color, artificial flavors, or synthetic substances.

The FDA has not defined the term natural, but does not object to its use if the food does not contain added color, artificial flavors, or synthetic substances.

Basic Principles of Property Rights:

The Private Rights of Owners - The rights of owners and individuals with legal interests in the land, i.e., tenants, to possess, use, transfer, and sell the land as they wish. The Public Interest in How Land is Used - How landowners actions can help promote and protect shared public goals.

6 Main Property rights

The Right to Possess The Right to Control The Right to Exclude The Right to Enjoy The Right to Transfer The Right of Destroy

Which of the following statements is correct? A) The USDA regulates meat and poultry, while the FDA regulates shell eggs , dairy, and produce B) The USDA regulates meat, shell eggs, and poultry, while the FDA regulates dairy, produce, processed egg products, and seafood. C) The USDA regulates meat, poultry, processed eggs, while the FDA regulates dairy, produce, shell eggs, and seafood D) none of the above

The USDA regulates meat, poultry, processed eggs, while the FDA regulates dairy, produce, shell eggs, and seafood

What is the just compensation requirement

The landowner is entitled to receive the actual fair market value of the property. Based on appraisals.

Assumption of Risk (defense to liability)

The law does not impose liability on the owner/possessor if a visitor ignores or agrees to accept known risks.

Recreational User Statue (defense to liability)

The owner/possessor has to prove: The owner gave visitor permission to use the property Owner did not receive a payment or any benefit for the visitor's use of the property Use of the property is "recreational" Applies only to nonresidential property - raises a gray area for farmland that contains a residence BUT remember that an owner is liable for willful failure to warn or guard against known dangers

State Protections for Farm animals

The primary method of regulating general animal welfare at the state level is through state anti-cruelty statutes. When it comes to farm animals, however, most states exempt them entirely or exclude them from the definition of animals protected under the statute.

Which three principle assumptions are incorporated in the Coordinated Framework?

The process of biotechnology itself poses no unique or special risks. A commercial product, regardless of its manner of production, should be regulated based on the product's composition and intended use. The creation of new laws to regulate the products of genetic engineering is unnecessary. Existing laws can address regulatory needs adequately.

Why do farm whistleblowers and Ag Gag laws exist?

There are virtually no federal animal welfare protections for farm animals. Current standards are industry-created accepted agricultural practices. Without a federal law setting minimum requirements or mandatory practices, there is no official or mandatory oversight and enforcement mechanism.

True or False: Animal agriculture is a very consolidated industry where only a handful of companies control the overwhelming majority of production.

True

True or False: FSMA requires food testing to be performed at an accredited laboratory.

True

True or false: A farming operation that would otherwise be protected by Arkansas' right to farm statute can be subject to a nuisance lawsuit if it changes in size and/or employs a new technology

True

True or false: Although most state anti-cruelty statutes exclude or exempt farm animals from their protections, states often prosecute livestock owners for acts of gross negligence.

True

Statute of Frauds

a property law principle that requires certain agreements to be put in writing in order for them to be valid and enforceable

Zoning

a regulatory mechanism by which a local government divides a community, such as a city or county, into specific districts with different land use regulations.

patent exhaustion doctrine

also referred to as the first sale doctrine, is a U.S. common law patent doctrine that limits the extent to which patent holders can control an individual article of a patented product after a so-called authorized sale.

contract

an agreement between two or more parties for the performance of some service or the exchange of some good.

Genetically Modified Microbial Pesticides

are either bacteria, fungi, viruses, protozoa, or algae whose DNA has been modified to express pesticidal properties.

National Environmental Policy Act (NEPA)

basic policy is to assure that all branches of government give proper consideration to the environment prior to undertaking any major federal action that significantly affects the environment.

In 2015, Congress repealed Country of Origin Labeling for which two products? A) beef and pork B) beef and lamb C) beef and chicken D) dairy and goat

beef and pork

According to the USDA 2012 Census of Agriculture, the largest type of livestock produced in the US measured by agricultural sales is: A) Cattle B) chicken, broilers, and layers C) pigs D) sheep and goat

cattle

estate plan

concerns the transfer of the decedent's assets - who gets what.

administrative agencies derive their authority and jurisdiction from: A) The president B) the judicial branch C) congress D) the constitution

congress

According to the 2012 USDA Census of Agriculture, the largest crop produced in the US measured by agricultural sales is: A) soybeans B) corn C) cotton D) wheat

corn

Which of the following best defines the legal concept of judicial precedent? A) courts have to follow the reasoning and decisions of courts with greater authority B) A higher court can sometimes review a lower court's decision and reverse the outcome, the US Supreme court is the highest court in the land C) there are 2 separate court systems that can hear legal disputes: state courts and federal courts D) A doctrine derived from the Constitution stating that the federal laws will preempt or take precedence over any state laws seeking to regulate the same conduct

courts have to follow the reasoning and decisions of courts with greater authority

The Constitution provides Congress the power to ___ the law. A) interpret B) enforce C) Revoke D) create

create

succession plan

encompasses more than that - who will take over the farm business, when will they take it over, etc.

The Constitution provides the executive branch with the power to _____ the law. A) enforce B) modify C) interpret D) revoke

enforce

True or False: The Coordinated Framework was updated routinely after its adoption in 1986 to account for new developments in biotechnology

false

True or false: A sublease is a situation in which the tenant transfers all of her rights under the lease agreement to another party.

false

True or false: Recent trends have shown that consumer preferences regarding food products are changing, but these shifts have not had any impact on the food production.

false

True or false: When it comes to establishing that an eminent domain taking is for public use, courts have interpreted the definition of "public use" narrowly to include only those projects that would have a direct public purpose, i.e. a government facility

false

Which of the following type of label claims are not required to receive pre-approval from the USDA? A) Animal production claims, i.e. grass-fed B) breed claims C) green claims/environmental claims D) raised without antibiotics

green claims/environmental claims

The Constitution provides the judicial branch (courts) with the power to _____ the law. A) interpret B) create C) discontinue D) enforce

interpret

The current federal GMO labeling statute, enacted in 2016, imposes a ____ labeling standard for foods containing genetically modified ingredients. A) mandatory B) intermittent C) voluntary D) partial

mandatory

Complete the sentence using technical language. According to the USDA, a product will be deemed adulterated if it bears or contains any ______ or ________ substance which may be unfit for human food. A) pathogen; bacterial B) harmful; unfit C) disease; harmful D) poisonous; deleterious

poisonous; deleterious

GRAS notification program

provides a mechanism whereby a person may inform the FDA of a determination by non-agency qualified experts that the use of a substance is GRAS, rather than petition FDA for affirmation.

Which of the following is not one of the 6 fundamental property rights: A) Right to transfer B) Right to enjoy C) Right to use D) Right to expand

right to expand

According to the 2012 USDA Census of Agriculture, the majority of farms in the US are: A) Large farms and non-family owned B) small farms and non-family owned C) large farms and family owned D) small farms and family owned

small farms and family owned

Drift

sometimes called genetic crop contamination, is the unintended transfer of GE crops or plant materials to another location or to non-GE crops.

Food, Drug, and Cosmetic Act

the FDA is responsible for ensuring the safety and proper labeling of all plant-derived food and feed, including those developed through genetic engineering.

Administrative agencies derive their authority and jurisdiction from: A) the legislative branch B) the judicial branch C) the executive branch D) the constitution

the legislative branch

To pass a welfare audit:

the plant must have a passing score on all 5 of the critical control points and have no acts of abuse.

True or false: An employer is vicariously liable for the tortious acts that its employees commit during the course and scope of employment.

true

Which of the following is not a recognized exemption from the USDA's requirements that all meat, poultry, and processed egg products prepared for distribution in commerce for human food undergo inspection? A) Religious B) Custom C) Volume D) Personal use

volume

Does Arkansas have an ag gag law? A) yes B) no

yes