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Published: 11 October 2015

Ag in America is not comprised of slack-jawed yokels wearing overalls and carrying pitchforks.  It is driven by satellite guided mapping, tracking, fertilizer and harvesting. Science drives innovations resulting in higher yields on fewer acres, matching seed types with soil types with a match.com like intensity.  Selling the product that is created by farmers is not a matter of hitching the team to the wagon and seeing if Widow Brown would like some eggs.  It is a market driven event that has price discovery tools available via the internet and data reporting to allow farmers in Iowa to make decision on marketing based on Chinese national policy, Brazilian rainstorms, and the fickle predilections of the European Union regulatory agency.

Iowa produces more corn than every other country in the world except 3 (the US, China, Brazil).  Agriculture as a whole makes up 10% of all exports from the US. . Iowa is a consistent leader in many ag production categories. Those exports account for over 250,000 jobs.  Bags of U.S. grown commodities delivered to other nations are powerful ambassadors of U.S. policy and far more impactful than "boots on the ground" to drive a point home.

Ag is the great villain for many organizations with an agenda.  From the MTBE backed politicians of California (Remember John Hunter, who did not even campaign in Iowa because he knew MTBE buttered his bread?), to PETA and other NIMBY (not in my back yard) organizations, all seek to grind this portion of our economy to a halt.  For instance, the Humane Society of the United States has litigated round after round against horse slaughter, preventing zoos and pet owners from obtaining reasonably priced feed options for animals in their care.

These anti Ag activities have unintended consequences.  All but four African countries, where the most population growth is expected, ban GMO organisms.  According to current census information, over half the population Kenya is under 15 years old.  How is Kenya to provide food and jobs for its people?  Historically, populations whose people are hungry and jobless tend to break things and kill people.  That is not good for growth and world order.  In total, the population of the world adds the equivalent of the Des Moines metro area to the dinner table every day and 9 BILLION people in the world is not far off.  What are they going to eat and who is going to grow it?

The resistance to Ag does not even have to be direct protest.  Fighting against energy projects like natural gas pipelines and lock and damn repairs and upgrades all serve to stymie agriculture and its growth.

Yet, our congress cannot even seem to understand how to pass legislation that provides a framework for the Ag community to grow its product, protect its soils, and stay productive in terms of research and innovation.

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Published: 11 October 2015

I recently attended a workshop for Iowa Ag lawyers and the Drake Law center as we consider the massive change in land holding that is coming for the state in the years ahead.  Between a large chunk of the acres being held by those over 65, advances in technology making less farmers required to operate the farmland(206,000 in 1950 compared to 88,647 currently in Iowa), and the intertwining emotional, family issues with business issues the task is monumental.

A couple of great thoughts came out of that workshop and I hope it is followed up with some solid training and guidance for our state’s advisers and decision makers. What was disappointing is that the large majority of farm operators have talked to NO ONE about their decision to retire (that is to withdraw all management and capital and labor) from an operation and of those that did talk to some one, only 19% mentioned it to an attorney prior to taking actions.

Read more: To stay or to Go

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Published: 11 October 2015

Now is the time to brush up on  farm labor  laws to avoid long unpleasant conversations with IRS agents, lawyers, and more your own lawyer.

Records

You can run into problems by not keeping/maintaining records of the names and permanent addresses of temporary agricultural employees, dates of birth of minors under age 19, or hours worked by employees.

Working Hours:

Under State Law: 14-15 year olds can work upto 4 hours per day when school is in session, for    28 hours a week, but school cannot be missed. Working in agriculture this is cut in ½.

16 year olds just need to  avoid hazardous occupations list. (including for farm operations: Operating power driven wood working machines, power driven hoists, power driven metal forming machines, meat slicers,  or balers, band saws or chain saws, demolition   roofing and excavation).

Before my young readers get too excited, a child of any age may work in any occupation or business at any time doing any type of work in a business operated by child’s parents if parent is on premises.

Read more: Unpleasant conversation with the IRS or brush up on Farm Labor Law

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Published: 11 October 2015

It is easier to use a vet you trust or find somebody who can give you a referral to a good vet than it is to sue a poorly performing vet. If the animal is valuable enough to sue over, insure it. When considering a lawsuit against a veterinarian, here are some things you should consider:

Veterinary malpractice cases are difficult for plaintiffs for two main reasons:

1) It is hard to find a veterinarian who will testify against another veterinarian; and
2) Animals are personal property.  You can't usually cannot recover pain & suffering   or damages based on the sentimental value. That takes the wind out of most plaintiff's cases right away.

The burden of proof in a veterinary malpractice action is always on the plaintiff.  
The plaintiff must prove:

1)      A veterinarian's acts or omissions failed to meet the standard of care;
2)      Acts or omissions were negligently performed;
3)      Negligently performed acts or injuries caused the animal's injury or death; and
4)      As a result, the plaintiff was damaged.

The professional duty of a veterinarian usually begins with obtaining a history of the animal (which assistants can be used to develop) and  a physical examination. The veterinarian is required to use professional leaning, skill, and care, beginning with the initial contact, the diagnosis of the problem, the decision and execution of treatment and follow-up care.  

In obtaining permission for treatment, there should be disclosure of the risk of the treatment or drugs. However, in one case where a horse died within fifteen minutes of being injected with a drug, the court held that there was no duty to disclose or warn when the odds of a lethal out come were 1 in 25,000. I think people bet on horses to win races with worse odds.

Read more: Vetting the Veterinarian Case