Legal & Regulatory Compliance in Agriculture Flashcards

Under the Right-to-Know provisions of EPCRA (Emergency Planning and Community Right-to-Know Act), farms must report releases of extremely hazardous substances above threshold quantities to which entities?

Answer: State emergency response commission, local emergency planning committee, and the National Response Center

EPCRA Section 304 requires facilities to immediately notify the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and the National Response Center for emergency releases.

When a farm hires a worker through a farm labor contractor, which federal law requires the contractor to be registered with the Department of Labor?

Answer: Migrant and Seasonal Agricultural Worker Protection Act

MSPA requires farm labor contractors to obtain a Certificate of Registration from the Department of Labor before recruiting, hiring, or transporting migrant or seasonal agricultural workers.

A farm sells raw milk directly to consumers at the farm gate. Which level of government primarily regulates the sale of raw milk for human consumption?

Answer: State government through state dairy laws

The sale of raw milk for human consumption is primarily regulated at the state level, with states having widely varying rules ranging from outright prohibition to licensed direct sales.

Under IRS rules, a farm qualifies for cash accounting (rather than accrual) if it is not a 'tax shelter' and its average annual gross receipts do not exceed which threshold (as of recent tax law)?

Answer: $27 million

Under the Tax Cuts and Jobs Act, businesses including farms with average annual gross receipts of $27 million or less (indexed for inflation) may use the cash method of accounting.

A farm manager applies anhydrous ammonia as a fertilizer. Under OSHA's Process Safety Management (PSM) standard, the threshold quantity that triggers PSM requirements for anhydrous ammonia is:

Answer: 10,000 pounds

OSHA's PSM standard triggers for anhydrous ammonia when a facility has 10,000 pounds or more on-site, requiring a comprehensive safety management program.

Which provision allows a landowner to exclude the public from farmland posted with signs, even when state law otherwise permits public access for hunting or recreation?

Answer: The farm's right to post under state trespass law

State trespass laws give landowners the right to exclude others by posting 'No Trespassing' signs, which supersedes any general public access rights for recreational purposes.

Under the Farm Bill's Swampbuster provision, a farmer who converts a wetland to crop production after a specified date risks losing eligibility for which benefits?

Answer: Commodity program payments and most USDA program benefits

Swampbuster (Food Security Act of 1985) makes farmers ineligible for USDA commodity program payments, crop insurance premium subsidies, and other USDA benefits if they drain or fill wetlands for crop production.