249 Lakeside Ave

Marlborough, MA 01752

Phone: 508.481.4766  508.481.4766| Fax: 508.481.4768

Raw Milk Legislation: What it Does & Doesn’t Do-by Brad Mitchell, MFBF Government Relations

As anyone in the dairy business can tell you, there are a small, but growing number of consumers who want to drink raw (unpasteurized) milk.  These folks choose to drink raw milk for a variety of reasons– they feel it tastes better, they distrust modern food technology, they want to support local farmers, etc.

As it isn’t pasteurized, consumption of raw milk is generally considered to pose health risks that aren’t normally, or as frequently, associated with pasteurized milk.  Because of these risks, many regulatory bodies in the US have imposed strict regulations on raw milk, including outright bans in some places. The FDA for instance, bans the shipment of raw milk across state lines when it is not intended for pasteurization or processing. Many states ban or restrict the sale of raw milk.  Advocates are challenging bans and restrictions on raw milk in courts, regulatory arenas and through civil disobedience. In many cases, producers and consumers are simply ignoring laws and regulations which limit sales.

Under current restrictions in Massachusetts, raw milk can only be sold from the farm on which it is produced, and only if the local Board of Health allows the sale.  DAR oversees the production of raw milk through inspections and testing in a manner very similar to how they oversee production of milk destined for pasteurization.  Labels and signs are also required for raw milk to help ensure that someone does not unknowingly buy and drink raw milk.  While this approach has worked for years, it started to become clear several years back that this system no longer meets the realities of the current market. With fewer dairy farms and more raw milk drinkers, it’s been getting hard for many consumers to get to the farm.

In response, a number of buying clubs have popped up. Buying clubs are where consumers’ band together to take turns going to the farm and picking up raw milk. They then deliver it to a more central, convenient location for pickup by other club members.   In a few cases, buying clubs have been operated by third parties rather than by consumers. The legal status of buying clubs is somewhat nebulous. With no provisions for oversight of buying clubs, DAR issued a Cease and Desist order to larger buying clubs – namely those which were run by third parties. This has led to something of a crisis in the raw milk community with many consumers unable to get to the farm, and many farmers uncertain about the stability of their market.

In response, MA Farm Bureau and NOFA Mass worked together to file legislation that would allow farmers to sell raw milk, off the farm, directly to the customer. Farmers could deliver the milk to the customer, or to a designated location either themselves, or through a contractor. The farm would be required to maintain a contractual relationship with the customer – essentially maintaining the purchase as a farm sale. In addition, DAR would have the ability to regulate these activities, ensuring that milk is transported and stored in clean containers, at the proper temperature, etc.

This effort has wide support of the Farm Bureau membership. It has however been a little bit controversial among our membership, particularly some dairy farmers who believe that raw milk is inherently dangerous, and that it is only a matter of time before someone gets sick. Part of their concern is simply a personal belief that pasteurization is a good thing and should be embraced whole heartedly. Beyond this, there is also a concern that any illnesses attributed to Massachusetts milk could erode the consumer’s confidence in MA producers, and MA milk in general.

I have to say that philosophically, I am not a fan of raw milk either. My background is in public health and I’ve spent most of my career working with issues around agricultural technology.  I don’t see any downside to pasteurization. I have seen some widespread impacts on markets from relatively small food safety incidents, such as with cyanide and Chilean grapes. However, I have come around in my thinking to where I think the Farm Bureau/NOFA bill is in the best interest of both consumers and farmers and public health.

First, while I would contend that the risks are higher with raw milk than with pasteurized, that is really not the issue. I suspect that risk of injury is higher if you drive a Mini Cooper than with a Hummer, but no one is suggesting we ban Minis.  The real issues are whether the risks are low enough to be acceptable, and whether the consumer is aware of the risks.  Labeling and signage should largely address the issue of awareness. Statistics show that illnesses from raw milk are relatively low, and occur infrequently particularly where the milk is produced legally, with oversight.   Raw milk may be riskier than pasteurized milk, but this isn’t heroin!

Second, from what I have seen, bans and severe restrictions do very little to curb raw milk consumption. Many raw milk advocates are adamant that it is their right to consume raw milk and they will go to great lengths to get it. Bans and severe restrictions simply drive the trade underground where there is no oversight.  From a public health perspective, I think we are far better off allowing raw milk consumption with oversight of production, transport, etc. than driving it into the black market.

Finally, many dairy farmers are making a pretty good return on raw milk sales. Small dairy farms, which include most if not all in Massachusetts, have been struggling with prolonged periods of low milk prices for as long as I can remember. Fruit and vegetable farmers have made a tremendous comeback by selling directly to the public through farm stands, CSAs and farmers markets. Raw milk sales offer the same opportunity to dairy farmers. This bill would simply allow them to expand their market to consumers who want their product.

HB 1995 – An Act relative to the distribution of raw milk was filed by Representative Anne Gobi on behalf of MA Farm Bureau and NOFA Mass. It will likely be heard by the Joint Committee on the Environment, Natural Resources and Agriculture in the next six months. For more information, contact MA Farm Bureau. 

Joyce Ripley Honored by American Farm Bureau

At the recent AFBF Women’s Leadership Conference held in Baltimore, Maryland, MFBF Women’s Committee Chair Joyce Ripley of Hampden County was honored with a certificate of achievement and a pendant for organizing the Massachusetts Century Farms program in 2010. 

On June 2, the Commonwealth Quality Program for vegetables and fruits was officially presented to the public.  The kickoff was held at Steve Verrill’s farm in Concord.  Commonwealth Quality is a marketing program within the Department of Agricultural Resources designed to highlight sustainability standards including soil and water conservation, IPM, and food safety.  As the Federal push toward food safety regulations moves forward, I feel that CQP will provide the state-based food safety standard for most of our growers.  The Massachusetts Fruit Growers, the New England Vegetable and Berry Growers Associations, and UMass Extension, and I have been working in cooperation with DAR on CQP.  This program will be expanded to include wood producers, lobstermen, apiary, dairy, maple syrup, and possibly the green industry sectors and animal agriculture.  The intent of the program is to assure our customers that Massachusetts farmers take are protecting the environment and the public.  Check out the Commonwealth Quality link on the DAR web site.

In total contradiction of FDA efforts to implement the food safety legislation passed late last year, the USDA Agricultural Marketing Service is continuing to push the Leafy Greens Marketing Agreement.  We had hoped that the proposed LGMA would be dropped.  It was our expectation that FDA would propose a new food safety rule which would have varying standards for larger and smaller growers.  GAP would be the standard for larger growers (likely over $500K sales of fruits and vegetables) and a state-based standard for smaller growers (CQP or a modified version of it).  The LGMA is a curve ball being pushed by large growers in the West to make food safety standards so expensive and cumbersome that it will drive east coast growers out of the wholesale marketplace.  Comments on the proposed rule are due July 28, 2011.  Information on how to comment is included in this newsletter.  Once I have written my comments, I will email them to everyone and encourage you to chime in as well.

A new membership year is upon us and I encourage you to renew your membership in Farm Bureau and to ask others to do the same.  For those of you with children, grandchildren, and employees in high school or college, please consider signing them up for a student membership.  For $25, they will become members and will receive our newsletter in an electronic format.  It is a great way to increase the number of young people who are aware of our efforts and our issues.  It will also help to generate interest in our young farmer and rancher program, now chaired by Jamie Cruz of Middlesex County.  Just in case you were wondering, I signed up my youngest daughter, Heather, as a student member.

For those of you familiar with the US Farm Report and Ag Day Television (part of FarmJournal.com), reporter Clinton Griffith was recently in town to film some footage of the Ogonowski family of Dracut, new farmer programs, our Century Farm Program, legislative issues, and buying local.  They plan to air 2 shows on RFD TV (Fios customers have access to this channel).  One will be broad based and the other will air as part of the tenth anniversary of September 11th.  Once we know when the shows will air, we will pass the information along via email.

Reaching out to Young Producers-by From Our Young Farmer Committee Leadership

As I sit and write this article, we are well into May. Calving season is done, strawberry season is just around the corner, and like many other farms across Massachusetts, and we are extremely busy.

Since I was a little girl, this has been my favorite time of year on my family farm. I am always eager to see what the season holds, and look forward to eating some home grown food.

Over the last several months Drew and I have been extremely busy reaching out and connecting with young farmers across the state. We have a pretty hefty list of names and contact information, and we are looking forward to our first meeting which only is quickly approaching. We have been in touch with young producers from all aspects of agriculture including vegetable growers, dairy producers, fruit growers, flower producers, and livestock producers.  We have set high goals for attendance at our Meeting on May 19th. We have also made the time to reach out to farmers that are just getting started in their new career, and have reached out to some that have many years already under their belt.

In order for the YF&R to become extremely active once again we need to seek out our young producers and get them involved! There are folks out there that have been long time members of Farm Bureau and have wanted to play a role for years but were not aware of how to get involved. There are also farmers that are beginning their first ever growing season on their own. No matter who they are, what they are producing or how many acres they are farming, if they are actively involved in agriculture we need them to play a role in Farm Bureau.

Take the time to reach out to the young producers in your area! Whether they are the young folks that are trying to figure out how to get started, or the producers that have many years of experience, take the time to chat with them about Farm Bureau and tell them about the YF&R. I promise you that they are out there; we just need to find them! Massachusetts Agriculture is thriving right now, the future should too.

Jamie Cruz, MFBF YF&R Co Chair
jamie@mfbf.net

Horse Farm of Distinction

The applicant must be a Regular (not Associate) member in good standing with the Massachusetts Farm Bureau Federation at the time of judging.  There is a non-refundable fee of $25 for first-time applicants, and $15 for renewing applicants. Deadline is June 24, 2011. Judging will take place during July and August and the winners will receive an award certificate and a Horse Farm of Distinction sign that can be mounted for public display.  Applications and more information can be obtained by contacting MFBF at 508-481-4766 or visit www.mfbf.net.

Dairy Farm of Distinction

Applicant farms will be scored on appearance from the roadside and must comply with the criteria guidelines.  Judging will take place during July and August and winners will receive an award certificate and a Dairy Farm of Distinction sign that can be mounted for public display. Judging will automatically take place every year unless the dairyman withdraws the application.  Deadline is June 24, 2011.  All active dairy farms in the state may participate in the program by contacting MFBF at
508-481-4766 or visit mfbf.net

From Your Member Relations Director- by Cheryl Lekstrom

Learn more – contact the Ashland office for information about things that concern you:  fencing, adverse possession, betterments, animal regulations, chapter land, agricultural exemptions, insurance products from crops to trucks, estate planning, leadership training and much more!

Your county Farm Bureau is hard at work building an organization that represents you and protects the business environment in which you operate.  Farm Bureau’s agricultural and rural advocacy is one of the most important reasons to be a member.  And our mission is implemented every day at the county, state, and national level.  Farm Bureau is the steady organized presence with a plan and has been taking action as directed by its members since November 1921.  We are the steady noise level that’s been representing the local voice of the agricultural majority for 91 years. 

Your invoice was mailed the first week of May and we hope you have it by now and have stuck your magnet to your refrigerator or file cabinet, or put it near a phone or computer where you will use the discount codes.  It pays to belong, if you use the benefits!  (Your savings will be more than the cost of your dues.)  We are continually pleased by the large number of folks who have upgraded their membership from Associate to Regular or Regular to Gold by making an additional contribution.  To us, this indicates that you are realizing the value of your dues investment and are happy with the direction of the organization.  Thank you for supporting an organization that is the envy of so many others!

Now more than ever, it is important to be involved in putting a face on agriculture in your neighborhood.  As Mike Rowe (Dirty Jobs) stated at the AFBF Convention Atlanta this January, “Farmers need to be their own advocates”.  Make sure that your legislators know you and your farm operation in a positive light.  Many county Farm Bureau’s have been hosting visits – join with them to coordinate a visit to your farm to see a sawmill in action, horses in training, sample maple products, taste the first sweet asparagus, snow peas, and lettuce leaves of spring!  Mike Rowe has also produced two ”brown before green” specials which has created a common saying around our farm, “you gotta have brown before you get green” – which applies to a lot of stuff, use your imagination!

From wine to lobster and all the side dishes and activities in between, it’s a busy time of year for our members who have spent the winter planning not only their products and services, but their participation in local events.  We are rich in agriculture with over 45 local fairs, plus commodity events, 131 CSA offerings, 532 farm stands, 271 pick-your-own operations, 232 Farmers’ Markets and 24 wineries, there’s a whole lot of agriculture going on.  Massachusetts agriculture is still one of the few “growth industries” in these times.  How does your piece fit into the puzzle?

As a Farm Bureau member, you get $20 every time someone you referred signs up.  So think about who you do business with and if Farm Bureau programs and services could be of benefit to them and then, just ASK them to join.  You don’t have to be a farmer to join Farm Bureau!

I’m glad you are a member and hope you are too!

Cheryl Lekstrom
MFBF Director of Member Relations
cheryl@mfbf.net

Farm Credit East, ACA, a farmer-owned finance cooperative focused on serving Northeast agriculture has announced the results of its annual Board of Director elections and April Board reorganization. Three new directors and one incumbent director were elected to the 2011 Board.

At the reorganization meeting the Board of Directors elected Abbott Lee as Chairman of the Board and Richard Janiga to be Vice Chairman. Abbott Lee is founder and owner of Integrity Propagation, LLC, a cranberry nursery in Chatsworth, New Jersey. Richard Janiga is the owner and operator of R+D Janiga Enterprises, a dairy and cash crop farm in East Aurora, New York. Andy Gilbert of Adon Farms, a dairy farm in Potsdam, New York and Matt Beaton, a cranberry grower and owner-operator of Sure-Cran, Inc., a cranberry management company in Wareham, Massachusetts, were elected to serve on the Farm Credit East Executive Committee along with Chairman Lee and Vice Chairman Janiga. At the meeting, the Farm Credit East Board welcomed three new directors and one re-elected director:

·         Robert Brown, II of Waterport, N.Y. was reelected to the Board. He is co-owner-operator of Orchard Dale Fruit Company and Brown’s Berry Patch.

·         Henry L. Huntington is CEO of Pleasant View Gardens, Inc., a 12-acre wholesale greenhouse operation in Loudon, N.H.

·         Samuel G. Conard is from Hillsborough, N.J., where, along with his brother, he owns and operates S.R. Conard & Sons, a 1,300-acre hay and grain farm.

·         Laurie K. Griffen of Stillwater, N.Y. is co-owner-operator of Saratoga Sod Farm, Inc., a 600-acre turf grass farm

The Farm Credit East Board includes 14 stockholder-elected directors and three directors who are appointed by the Board to round out the necessary skills and capabilities in the boardroom.

In addition to the recently elected members, the Board also includes: Henry (Hal) Adams, III, Shortsville, N.Y; Matthew W. Beaton, Wareham, Mass.; Christine E. Fesko, Skaneateles, N.Y.; Benjamin J. Freund, East Canaan, Conn.; Andrew J. Gilbert, Potsdam, N.Y.; June W. Hoeflich, Williamsville, N.Y.; Ann P. Hudson, Suffield, Conn.; Richard P. Janiga, East Aurora, N.Y.; Peggy Jo Jones, Boise, Idaho; Abbott W. Lee, Chatsworth, N.J.; Charles R. Miller, Alexander, N.Y.; Sandra K. Prokop, Middleburgh, N.Y.; and Peter J. Russell, Appleton, N.Y.

Farm Credit East CEO William Lipinski commented on the new Board, “We have a very strong and diverse Board of Directors that share a deep commitment to Farm Credit East’s role in supporting and growing Northeast agriculture.  I look forward to working with the Board as we take the steps necessary to further strengthen our cooperative.” 

Farm Credit East extends more than $4.4 billion in loans and has 19 local offices in its six-state service area. In addition to loans and leases, the organization also offers a full range of agriculturally specific financial services for businesses related to farming, horticulture, forestry and commercial fishing. 

For more information, go to FarmCreditEast.com.

Asian Longhorned Beetle Worcester County Update

The Mass. Department of Conservation & Recreation (DCR) and U.S. Dept. of Agriculture’s Animal & Plant Health Inspection Service (APHIS) announced the expansion of the Asian Longhorned Beetle (ALB) regulated area in Worcester County to include areas around Holy Cross College in Auburn.  This adds four square miles to the federal and state quarantine zone now at 98 square miles.

Asian Longhorned Beetle Reforestation Program.  The Department of Conservation & Recreation (DCR) was awarded $4.487 Million in federal stimulus funds for tree planting efforts in the Worcester area (Worcester, Holden, Shrewsbury, Boylston and West Boylston). To find out where the ALB regulated areas are and if you qualify for reforestation visit:  www.mass.gov/dcr/reforestation.htm or call 508-852-8073 to speak with a DCR representative and to schedule an appointment. 

Farm Credit East, the Northeast’s largest agricultural lending cooperative, released information indicating dairy farmers were able to regain some financial footing in 2010, according to Farm Credit’s Northeast Dairy Farm Summary report.

The Dairy Farm Summary results show that net earnings per cow for dairy farms participating in Farm Credit’s Dairy Summary increased $782 per cow from a negative $386 in 2009 to $396 per cow in 2010. Cash flow on the dairy farms was adequate to meet financial commitments including operating expenses, debt repayment, family living, and income taxes. They were even able to catch up on bills that carried over from 2009; however, they were not able to pay back much of the additional debt that was incurred in 2009. Debt per cow stayed the same at $3,337, the highest in the 32-year history of the report. 

Farm milk prices have become increasingly cyclical. After dropping $5.79 per hundredweight in 2009, prices increased by $3.90 in 2010, bringing profitability back to dairy farms in the area. William Lipinski, CEO of Farm Credit East commented, “The Dairy Farm Summary confirms that profitability rebounded in 2010. We have many outstanding dairy farmers in the Northeast who do an excellent job.” Lipinski further commented, “Farm Credit East continues to be committed to the future of Northeast dairy farming.  The past few years have been very challenging but we are optimistic that dairy farming will remain a strong industry here in the Northeast.”

Farm Credit East, in conjunction with other Farm Credit associations in the Northeast, compiles an annual Northeast Dairy Farm Summary that looks at farms from New York, New England, and New Jersey. The summary reviews all aspects of dairy financial information from participating dairy farm businesses. This year, 524 dairy farms participated. The farms in the summary have extensive farm records and from a financial management and efficiency perspective are considered to be better than average farms.

Farm Credit East extends more than $4.4 billion in loans and has 19 local offices in its six-state service area. In addition to loans and leases, the organization also offers a full range of agriculturally specific financial services for businesses related to farming, horticulture, forestry and commercial fishing. Farm Credit East is governed by a 20-person board of directors from across the Northeast.

For further highlights on the 2010 Northeast Dairy Farm Summary, or to purchase a copy, interested parties can check FarmCreditEast.com.

Hairnets and Hope Abound at American National Event

SPRINGFIELD, MO / GLENMONT, NY – (May 13, 2011) The must-have accessory for spring at American National Property and Casualty Company and the Farm Family group of insurance companies is the hair net! On Friday, May 6, over 680 team members sported this rather unique fashion statement while packing a total of 150,000 meals for impoverished families in Haiti, Ecuador and India.

The meal packing initiative was brought about by Mr. Greg Ostergren, ANPAC Chairman, President and Chief Executive Officer and Farm Family Insurance Company Chairman and Mr. Tim Walsh, Farm Family President and Chief Executive Officer. Ostergren and Walsh had participated in the “Million Meal Challenge” event hosted by the Million Dollar Round Table, and the MDRT Foundation, at the professional organization’s annual meeting in Vancouver, Canada last year. Attendees were encouraged to donate a few hours of their free time to help reach the goal of packing one million meals during the conference. Ostergren and Walsh’s experience inspired them to host similar events in Springfield, at ANPAC, and Glenmont at Farm Family. They challenged their teams at each location to pack 75,000 meals in a single day.

As Ostergren and Walsh predicted, the ANPAC and Farm Family teams responded with gusto. During the days leading up to the event, employees and agents enthusiastically participated in various fundraisers, and contributed free-will donations, to help finance the meals. From contributing $5 to wear jeans to work to purchasing raffle tickets for various prizes, employees and agents willingly and cheerfully raised $18,797 to bring hope and nourishment to those less fortunate.

The Farm Family group of insurance companies, headquartered in Glenmont, New York, is part of the American National Family of Companies. Farm Family has been providing insurance protection for families and businesses in rural and suburban areas since the 1950s in the Northeast and Great Atlantic regions. Over the years, Farm Family has earned a solid reputation, with an established tradition built on integrity and trust. To find an agent near you call 1-800-THE-FARM or visit www.FarmFamily.com.

Agriculture as a business, lifestyle and land use is influenced by many external forces including the marketplace, consumer preferences, the weather, federal agricultural policies and programs, and international competition.  In the United States, land use policies, typically established and administered at the local government level, also have a tremendous influence, both positively and negatively, on agriculture.  Particularly in urbanizing areas of the country, land use policies may shape the future of local farming as much or more than the economics of food and food production.

This course will provide students with an opportunity to explore the political, economic and societal forces that influence land use decisions, an understanding of the history of land use policies and planning in the U.S. as they relate to agriculture, a working knowledge of current land use policies and programs tied to agriculture and farming, and an opportunity through case studies to dissect and debate land use issues and conflicts surrounding agriculture.

Student Learning Objectives:

·         To understand the many forces, viewpoints and considerations that shape land use decisions and policies that affect agriculture in the United States.

·         To understand the myriad of land use policies and programs that support agriculture and farming in the U.S.

·         To understand the land use decision making processes in the U.S. and how to influence the outcomes.

Class Topics (by week):

·         History of land use policies in the U.S.

·         Perspectives on land and land use

·         Agriculture-specific land use policies and programs

·         An introduction to actual land use issues and cases involving agriculture.

·         Public dialogue and debate – case studies in land use conflict.

Instructor:  Mr. Robert Wagner.  Mr. Wagner has worked in the field of agricultural land use policy and farmland protection for 30 years with over 25 years with the national, nonprofit conservation organization the American Farmland Trust.  Mr. Wagner will present all the lectures and provide overall leadership for the discussion sessions.  Invited guests will be featured throughout the course.

Format: On-line during a 5-week summer session (June 7 – July 15).

For information contact, Mr. Robert Wagner at; bwagner954@yahoo.com

To register, see: Continuing & Professional Education on the web at:

http://www.umassulearn.net/classes/summer-2011?view=listing&sids=106

Blue Seal Code

Send us your Blue Seal UPC Codes!

Do you use Blue Seal equine feed?  Help the horses of Nevins Farm simply by sending us the UPC codes clipped from each bag!

Blue Seal Feed Company, in partnership with Dodge Grain, will donate 20 cents per UPC code submitted, up to $100 per month!

Drop clipped codes off at the MSPCA at Nevins Farm Barn office, or mail to:

MSPCA at Nevins Farm Equine Center
400 Broadway
Methuen, MA 01844
Attention: Blue Seal UPC Code Program

For questions about the Blue Seal UPC Code Program, please contact the Barn Staff at (978) 687-7453, press 8, followed by ext. 6113, or email us at barnstaff@mspca.org

Appeals Court Rules Abutter Has Standing To Enforce a Restriction

The Appeals Court, in the recent decision of Rosenfeld v. Zoning Board of Appeals of Menden, 78 Mass. App. Ct. 677, January 28, 2011, for the first time has held that an abutter has standing to enforce a recorded restriction, even though the abutter did not hold the restriction, had no nexus to the restriction nor was the restriction part of a common scheme.

The restriction at issue was imposed pursuant to a recorded variance related to insufficient frontage.  The variance restricted the use of the parcel to residential purposes.  The owner of the restricted property sought a special permit to construct a residence with employee housing, an equine facility with construction of barn, farm labor housing and riding arena.  The equine facility was to be used for the commercial keeping of horses contrary to the provisions of the variance.  The special permit was granted as an exempted agricultural activity pursuant to the provisions of G. L. c. 40A, §3.

The Superior Court found the abutter lacked standing to appeal and upheld the granting of the special permit.  The Appeals Court upheld the special permit pursuant of the provisions of G. L. c. 40A but also granted the abutter standing to further the appeal.

An issue litigated stemmed from an ambiguous interpretation of G. L. c. 148, §27(a)(2) which reads: “No restriction imposed after [Dec. 31, 1961] shall be enforceable: (a) unless the person seeking enforcement (1) is a party to the instrument imposing the restriction and it is slated to be for his benefit or entitled to such benefit as a successor to such party, or (2) is an owner of an interest in the benefited land which either adjoins the subject parcel at the time of enforcement is sought or is described in the instrument imposing the restriction and is stated therein to be benefited.”  The Court interpreted the ambiguous language holding an owner of land that adjoins the restricted land is entitled to enforce a deed restriction, whether or not the instrument imposing the restriction contains an express statement that the adjoining land is intended to benefit from the restriction.”

In deciding this matter the Court reasoned that (a) the grammatical structure of the statute (that “stated therein to be benefited” applies only to “benefited land… described in the instrument imposing the restriction” and not to adjoining land), (b) the statute’s limited application to the adjoining parcel as configured “t the time enforcement is sought” (rather than as it was configured when the restriction was imposed), (c) the theory that if the statute were read to require an adjoining parcel to be the subject of a statement of intended benefit, some description of the adjoining parcel would necessarily be required, thereby rendering “superfluous the language in the statute referring to an adjoining parcel separately from land that is described in the instrument imposing the restriction”, and legislative history.

Because prior appellate decisions concerning perpetual restrictions (Agricultural Preservation Restriction (“APR”) and Conservation Restrictions (“CR”) pursuant to G. L. c. 184, §31) held that only holders of the restriction can enforce the restriction, this case should have no bearing on APR’s or CRs.

Murtha Cullina LLP | Attorneys at Law
www.murthalaw.com

County Annual Meeting-Save the Date Partial Listing

Aug. 29 – Plymouth County, 5:30 Social, 6 Dinner,  Monponsett Inn, 550 Monponsett Street, Halifax, MA, 02338, RSVP:  Lisa Blair, 508-866-9150.

Sept. 29 – Berkshire County, 7 PM, First Baptist Church, 88 South Street (Route 7), Pittsfield, MA  01201, RSVP:  Leona Butler, 413-442-6757.

Oct. 11 – Norfolk County, 6:30 PM Soical, 7 PM Dinner, Norfolk Agricultural High School, 400 Main Street, Walpole, MA  02081, RSVP:  Sandy Medeiros, 781-344-4096, Rudy.Sandy@verizon.net.

Oct. 12- Franklin County, 6 PM, Greenfield Elks, 2 Church Street, Greenfield, MA  01301, RSVP:  Joleen Jurczyk, 413-475-0666, joleenjurczyk@gmail.com

Oct. 13 – Bristol County, 5:30 PM Social, 6 Dinner, Venus de Milo Restaurant, 75 Grand Army Highway (Route 6), Swansea, MA  02777, RSVP:  Peggy Lopes,  508-822-6635.                                                                                                                                                                                                                              

Oct. 18 – Cape & Islands, TBA

Oct. 19 – Middlesex County, 6 PM, The Barn at Gibbet Hill, 61 Lowell Road, Groton, MA  01450, RSVP:  Martha Keighley, 978-443-8851, Martha@bartlettgreenhouses.com or Anne Stone, 978-443-5798.

Oct. 20 – Essex, 6 PM, Coolidge Hall, Topsfield Fairgrounds, 207 Boston Street (Newburyport Highway), Topsfield MA  01983.  RSVP:  Betty Rogers, 978-372-4305.

Oct. 25 – Worcester, TBA

Hampden County – TBA

Hampshire County  - TBA

Renewal Reminder

Active MFBF Membership - Renew your Farm Bureau Membership on time (by June 30, 2011) so that you don’t lose the chance to save 5% on your Farm Family personal auto policy, 3% on your SFP-10® or Country Estate package.  Check the deck page on your policy to see how much you saved with your membership!

Ask your County Farm Bureau what kind of scholarships they offer to members with students going off to college or in college.  Apply for the Gregory Finn Scholarship by August 31st if you are a child or grandchild of a Regular member and at least in your sophomore year of college.

USDA Issues Proposal to Create National Leafy Green Marketing Agreement

USDA’s Agricultural Marketing Service has released its proposal for a voluntary National Leafy Green Marketing Agreement (NLGMA).

If adopted, the food safety program would be used to govern the production, handling and packaging of leafy green vegetables, including spinach, lettuce and cabbage for handlers who sign on and for all the farmers who supply those participating handlers.

Participating handlers would  be assessed 5 cents per carton, with the funding going toward administration research and education.

One component of NLGMA is a governing board, which would be tasked with submitting recommendations to USDA Secretary Vislack and with enforcing the agreement.  It would consist of 26 members including ten producers, two of them small farm representatives.  The board would also include 12 handlers.

The Agriculture Secretary would also appoint a Technical Review Committee to assist the board in the development of good agricultural practices, good handling practices and good manufacturing practices.  The committee would include one producer, one handler and one food safety expert from each of the regional zones, with at least one of the eight producers being certified organic and at least one a small farmer.  The Technical Committee would also include a representative from the Natural Resource Conservation Service from other federal agencies. The Food and Drug Administration will likely have a representative to ensure coordination with proposed produce safety standards.

The NLGMA proposal is available for review and public comment.  Farm Bureau will thoroughly examine the proposed rule and file comments.

One,area however, where there is still some uncertainty is how this voluntary program might be impacted by the Food Safety Modernization Act, passed by Congress in January 2011.  The Food and Drug Administration is currently writing regulations for the new law which requires good agricultural practices compliance for some produce growers.

The publication of the draft NLGMA is the culmination of a nearly three-year long process.  While Farm Bureau does not have policy on a  NLGMA, several state Farm Bureaus and the American Farm Bureau Federation have been involved in the process of preparing the food safety initiative.  AFBF and other produce-related organizations worked with USDA for almost a year to improve a concept paper provided by the Agricultural Marketing Service in the summer of 2008.  A proponent group which included the Arizona, California and Georgia Farm Bureaus plus nine other industry groups submitted a proposed NLGMA to USDA in June, 2009.

There followed a series of seven hearings nationwide in the fall of 2009 to gather feedback on the establishment of an NLGMA generally, and specifically on the proponent group’s proposal.  The proposal released last month is different than that proposed by the industry, in response to public comments received.

Join Us In Hawaii

American Farm Bureau Federation
93^rd Annual Meeting
Jan 8-11, 2012
Honolulu, Hawaii
Convention & Tour Packages TBA
Contact John Conners at john@mfbf.net

USDA Risk Management Agency (RMA) Update

Across much of the nation, spring rains and flooding have caused significant delays in spring field work.  Some Massachusetts producers may be affected by these issues.  While we all trust that weather conditions will soon improve, producers are reminded that most crop insurance policies for annual crops provide protection for prevented planting, replanting, and late planting.  Details of these coverages are available from your crop insurance agent or on the internet at: http://www.rma.usda.gov/pubs/rme/ppflood.pdf.

Producers anticipating a loss are reminded NOT TO DESTROY evidence of damaged crops or prevented planting until authorized (in writing) by a loss adjuster.  Prevented planting losses must be reported to the insurance agent within 72 hours of the final planting date for the crop.  Additionally, if you participate in Farm Service Agency (FSA) programs, you must report your prevented planting acreage within 15 calendar days after the final planting date for the crop in order to receive prevented planting acreage credit.

Custom Ag Solutions works with the USDA’s Risk Management Agency (RMA) and the Massachusetts Farm Bureau to inform Massachusetts producers about Federal Crop Insurance Programs.  For more information, please visit the RMA Web site at http://www.rma.usda.gov.  Federal crop insurance program policies are sold and serviced by private crop insurance companies.  A list of crop insurance agents is available at all USDA Service Centers or on the RMA website at http://www3.rma.usda.gov/tools/agents/. 

Items for sale

FOR SALE: Pepper packing line conveyors, washer and round packing table. Good condition. Kelley Farm, 111 Stockbridge St., Hadley, MA 01035. Call 413-549-5199 or 413-885-2494.

FOR SALE:  3 Nelson #760 stainless steel automatic waters with heaters. Good condition. $225 each or $575 for all. Hereford heifer calf, halter broke. $300. Call 781-235-7249.

FOR SALE: Tires. Great prices, all sizes, tire repairs, road service, calcium chloride service. Hoey Tire, Worcester. Call 508-755-6666, www.hoeytire.com.

FOR SALE:  Hay, 1^st and 2^nd cut – no dust guaranteed. Wholesale and retail. We deliver and unload. Call our work cell at 774-259-6960 or our office # at 508-252-9029. Thank you. Skip and Tish @ Homestead Farms.

FOR SALE: 1944 Farmall M with 9’ mower and attachable cordwood saw. Original owner. Always housed and in excellent condition. Call 978-922-0010.

Service

APPRAISER/CONSULTANT for farm/forest property. Estate planning, buying/selling, APR/CR valuation my specialty. William King 508-867-2600.

FARM MAINTENANCE:  All types arena work, construction & renewal. Paddock areas built, fencing new & repairs, hydrant work, brush work, field fertilization & care. CRF Maintenance Services. www.cringfarm.com  508-234-9824.

SERVING THE FARMERS IN MASS: Helping farmers keep what they make.  Experienced in dairy, beef, fruit & vegetable farming; experienced with APR, retirement planning, estate planning & taxation, tax free exchanges. Donald E. Graves, CPA, LLC,Masters Degree in Taxation &   Financial Planning, Bentley College, 377 Main Street, Suite 1, Greenfield, MA 01301-3332,  1-800-286-6036,