Center for Agriculture & Food Systems
Overview
The Food and Agriculture Clinic is one of the only law school clinics in the United States exclusively devoted to the food system.
Our student clinicians are JD, Master’s, and LLM candidates in Vermont Law and Graduate School’s top-ranking environmental law program. They represent the next generation of law and policy leaders, committed to advancing a more just, sustainable, and humane food system. Student clinicians work under the close supervision of licensed attorneys. These include Food and Agriculture Clinic Director, Sophia Kruszewski, as well as Director Laurie Beyranevand, Professor Emily Spiegel, Senior Legal Fellow Francine Miller, and others from the Center for Agriculture and Food Systems.
Students in the Food and Agriculture Clinic work on practical projects with real-world implications. We collaborate with local, regional, national, and international partners, and engage in law and policy work that address challenges related to food and land justice, public health, the economy, food security, and animal welfare.
Distinctively, our clinic has developed law and policy resources focused on: farmland access and stewardship, food and farm business organization and structure, food security, labor laws affecting the food and agricultural sectors, animal welfare, public health, plant breeding, local and regional food system development, and compliance with complex federal and state laws affecting the food system. Through this work, student clinicians apply and refine their skills in legal research and writing while gaining experience in communications, project management, advocacy, and leadership.
What We Do
The Food and Agriculture Clinic offers the following law and policy services: (1) development of legal tools and resources, (2) policy counsel, and (3) direct legal services for farmers, food enterprises, and related organizations, largely through the Vermont Legal Food Hub.
Legal Tools and Resources
We partner with nonprofit and community-based organizations to develop legal tools and educational materials that help food system stakeholders navigate various legal topics. For example:
- The clinic works with the Farmers Market Coalition and NOFA-VT to create legal resources for market managers nationwide through the Farmers Market Legal Toolkit.
- In collaboration with the Vermont-based nonprofit Migrant Justice, we created educational materials (published in English and in Spanish) that empower farmworkers to better understand their legal rights.
- We partnered with the Northeast Center to Advance Food Safety and University of Vermont Extension to answer farmers’ and food producers’ pressing legal questions about food safety compliance.
- Working with Rural Advancement Foundation International-USA, we produced a guide to support plant breeders in preserving biodiversity by putting their innovations in the public domain.
Policy Counsel
We help food system organizations engage in legislative and administrative advocacy. For example:
- On behalf of our client the State Innovation Exchange, we analyzed state laws that promote local farm products to create a menu of policy options for progressive legislators.
- We worked with the regional organization Farm to Institution New England to identify policies that impact the prison food system.
- We wrote a public comment letter on behalf of a consortium of law schools called the Farm Bill Legal Enterprise to call attention to the incongruity between federal nutrition policy and agricultural policy.
- We also assist organizations in the nuts and bolts of advocacy campaigns: from drafting policy recommendations and legislative language to conducting legal research for public comment letters and amicus briefs to submitting FOIA requests and developing communications advocacy strategies (e.g. testimony, talking points, and press releases).
Direct Legal Services
We provide business-related legal services to local farmers, food entrepreneurs, and related organizations in Vermont.
- We conducted a regulatory assessment for Food Connects, a nonprofit organization and food hub in Brattleboro.
- We reviewed a farm equipment use agreement for members of the Connecticut River Watershed Farmers Alliance.
- We assisted the Vermont Farmers Food Center in Rutland on an intellectual property matter.Many of these clients come to the clinic through the Vermont Legal Food Hub, a joint initiative between CAFS and the Conservation Law Foundation (CLF). The Vermont Legal Food Hub matches income-eligible food system stakeholders with free legal services. As the primary administrator of the Vermont hub, CAFS places some clients with our growing network of volunteer attorneys, including the Food and Agriculture Clinic, which gives students an opportunity to work on real-world cases that support Vermont’s local food system under the supervision of a licensed attorney.
Curriculum
CAFS offers a comprehensive sustainable food and agriculture law and policy program with residential, distance learning, and summer courses. Students can also gain clinical training in our Food and Agriculture Clinic, one of the few in the nation.
Courses
5105/ADMINISTRATIVE LAW
Provides students with a working knowledge of the general principles of administrative law; implementation of legislative policy through administrative agencies, including the role of administrative agencies in the governmental process, rule making, adjudication, and judicial review of agency actions.
5343/CLIMATE CHANGE ADAPTATION IN HUMAN SYSTEMS
Examines the legal challenges raised for society to adapt to the impacts of climate change. Students will examine the confusion and inadequacy of current legal and policy structures to address new risks, and the need for alternative tools in light of rapidly changing circumstances.
5212/CLIMATE CHANGE AND THE LAW
Climate change is the most profound social and environmental issue of the 21st century. This course will integrate the emerging science and law of climate change along with economic and inter-generational equity aspects of the problem. We will consider how existing federal laws such as the Clean Air Act and NEPA may be used to address climate change as well as how new more comprehensive laws may be fashioned. Different policy instruments will be considered including carbon taxes and emissions trading.
5229/ENVIRONMENTAL ISSUES IN BUSINESS TRANSACTIONS
An exploration the types of environmental risks and issues that are commonly confronted in a variety of business-related transactions such as the acquisition of all of the stock of a company, asset purchases, real estate deals, leases and financings. Special focus on how the environmental issues in transactions are identified and managed in the course of a deal. The unique environmental issues associated with the purchase and redevelopment of contaminated properties or so-called Brownfield sites are also covered.
5115/ENVIRONMENTAL LAW
An introduction to the broader categories of protecting human health and the environment to both assess the successes and failures of environmental protection in the U.S. and gain more detailed substantive knowledge of several key statutes.
5411/FEDERAL REGULATION OF FOOD AND AGRICULTURE
9428/FOOD AND AGRICULTURE CLINIC
Provides an opportunity to obtain field based experience on a part-time basis. A JD skills class.
5380/FOOD REGULATION AND POLICY
Presently, the United States is experiencing a resurgence in public concern over the safety of our food supply due to biotechnology, pesticide use, and unsafe food packaging, etc. This course will introduce students to the laws and policies that govern food regulation and policy in the United States.
5478/GLOBAL FOOD SECURITY AND SOCIAL JUSTICE
This course addresses the legal landscape of global hunger, and the ways in which climate change, population growth and economic inequality intersect with food security law and policy challenges. We’ll address how “food security” and “hunger” are defined and measured for policy-making purposes.
5108/INTRODUCTION TO AGRICULTURE AND FOOD LAW AND POLICY
Feeding a growing global population—9.6 billion by 2050—without destroying our planet is one of the critical challenges of our time. Overlay the impacts of climate change, international trade, and the influence of corporations on agricultural production, and this is one of the most complex areas of the law and policy. It is also one of the fastest growing areas, fueled by the food movement both domestically and internationally, greater public awareness of food issues and concerns related to the healthfulness of our food. Indeed, this is an exciting time to be studying food systems law.
5474/LAND CONSERVATION LAW
Examines the tools available to preserve ecological diversity, historic places, working lands, scenic viewsheds, and open space, such as conservation easements, purchase of sensitive lands, and private/public partnerships for land conservation. The course provides a practical understanding of both the legal and nonlegal dimensions of land conservation transactions involving conservation easements.
5239/LAND TRANSACTIONS AND FINANCE
An introduction to land transaction and finance, covering the study of the title system, title insurance and land contracts, the private development process, and modern real estate financing, including private financing and public financing. The course also introduces the public-private development process including redevelopment, military base conversion and Brownfield’s redevelopment.
5125/LAND USE REGULATION
A basic course in land use law. Covers planning and all manner of private and public land use regulation from common interest communities, to subdivisions, to zoning, to variances, to planned development districts, to transit-oriented development, to traditional neighborhood design, to form-based codes, to growth management.
5235/NATURAL RESOURCES LAW
Examines the statutes and regulations governing the management of the federal lands and their resources. Considers the historical, political, and ecological influences on the law and management of these resources, and includes an introduction to the agencies with jurisdiction over the components of the federal estate.
5349/REGULATING THE MARINE ENVIRONMENT
Examines the interaction of state, federal, and international regimes in the regulation of the marine environments through the examination of issues such as the marine environment as a source of energy; the nonrenewable resources of the seabed; and the winds, waves, currents, and temperatures of the sea itself. An AWR class.
5410/THE FARM BILL
Introduces students to the breadth of policies and legal authorities included in the Farm Bill that Congress re-evaluates every 5 years. Time will be spent on farm safety nets, conservation and nutrition policies. This course will also demonstrate the depth that a modern farm bill reaches with impacts on private working lands and consumers. International trade, clean energy, forestry, rural development, and overall food policies will be reviewed.
5408/THE LAW OF ANIMALS IN AGRICULTURE
Covers the evolution and regulation of animal agriculture in America, contrasted with farmed animal welfare policies in other developed nations. Will evaluate the long-term sustainability of CAFO food production specifically and animal food production generally. Students will explore the pressures from increased international trade in agricultural products.
5245/WATER RESOURCES LAW
Water is the planet’s most precious natural resource. Deciding how it will be shared among competing demands is one of a society’s most challenging questions. Water Resources Law is a review of the law and policies concerned with the allocation of water resources in the United States. This course will examine the three main systems of water law in the United States: Eastern riparian systems, the prior appropriation doctrine of the West, and the nationally diverse laws regulating the use of groundwater.
Online Courses
Earn a Master of Food and Agriculture Law and Policy (MFALP) degree or LLM in Food and Agriculture Law degree online or take food and agriculture law and policy courses online as a non-degree-seeking student.
For more information visit the VLGS Online Learning page.
Food and Agriculture Law JD Specialization
Vermont Law offers a systems-based curriculum to students who want to specialize in law and policy related to the food system. JD students specializing in food and agriculture law can choose from an expansive list of courses related to food and agriculture.
For more information visit the VLGS Concentration in Food and Agriculture Law page.
Master of Food and Agriculture Law and Policy
The Master of Food and Agriculture Law and Policy (MFALP) degree program is designed for students who want to pursue intensive study and practical training in food and agricultural law and policy. The MFALP degree program trains students to effectively engage the institutions and individuals that influence food and agriculture law and policy and formulate law and policy solutions.
For more information visit the VLGS Master of Food and Agriculture Law and Policy page.
LLM in Food and Agriculture Law
Designed for students who have already earned a law degree and wish to pursue intensive study and practical training in Food and Agriculture Law, the LLM is open to those who have graduated with a JD degree from a U.S. law school or have earned an equivalent degree in another country.
For more information visit the VLGS LLM in Food and Agriculture Law page.
Concentration in Food and Agriculture Law
This concentration focuses on coursework related to food and agriculture law.
For more information visit the VLGS Concentration in Food and Agriculture Law page
CAFS Projects
Food System Worker Law and Policy Project
The Food System Worker Law and Policy Project exposes gaps in laws and policies that affect the health and safety of workers throughout the food chain.
The Center for Agriculture and Food Systems (CAFS) launched the Food System Worker Law and Policy Project in 2021 with research focused on farmworkers, who—despite forming the backbone of a trillion-dollar industry in the U.S.—face a level of occupational risk unrivaled by most workers. From repeated exposure to pesticides and extreme heat to injuries from machinery and repetitive motion, conditions on American farms involve myriad hazards. Meanwhile, a lack of access to healthcare and legal services, low wages, marginalization, language barriers, racism, and the threat of deportation among these largely immigrant communities compound their many challenges.
Precarious Protection Analyzing Compliance with Pesticide Regulations for Farmworker Safety
Pesticide exposure is one of the major health threats that farm workers encounter at work, with health impacts ranging from the acute to the chronic. The Worker Protection Standard, enforced by the Environmental Protection Agency, is the main federal regulation intended to address the risks associated with pesticide-related illness and injury among farmworkers in the United States. “Precarious Protection: Analyzing Compliance with Pesticide Regulations for Farmworker Safety” examines the shortfalls related to compliance with the Worker Protection Standard and presents recommendations to improve farmworker safety.
View the Spanish Executive Summary
This project is funded by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
Project Partners
Harvard Law School Food Law and Policy Clinic
Blueprint for a National Food Strategy
The Blueprint for a National Food Strategy examines the need for a cohesive national approach to food system regulation through legal and scholarly research.
Regulation of the American food system is riddled with inequalities and inefficiencies. There is no federal “food” agency; instead, food is regulated by a range of agencies whose missions often conflict and overlap. Multiple agencies regulate food safety, production practices, agricultural workers, dietary guidelines, water pollution, and more. It’s a patchwork approach with dire consequences: simultaneous obesity and hunger, food insecurity and waste, reliance on foreign labor and barriers to immigration, and agriculture speeding climate change, which in turn threatens agriculture. The list goes on.
This project, a partnership between CAFS and Harvard Law School Food Law and Policy Clinic with support from the W.K. Kellogg Foundation, examines the potential for developing a cohesive national food strategy in the United States. Through legal and original research, the Blueprint Project considers the need for a national food strategy, how other countries have developed national food strategies in response to similar food systems challenges faced by the United States, and the process by which the United States has developed national strategies in response to other issues.
The resources created by this project provide a roadmap for the adoption of a national food strategy in order to ensure a food-secure future for all Americans. Visit the project website here, and read and interact with the report here.
Healthy Food Policy Project
The Healthy Food Policy Project (HFPP) identifies and elevates local-level policy resources that increase access to healthy food.
Food is accessible when it is affordable and community members can readily grow or raise it, find it, obtain it, transport it, prepare it, and eat it. The accessibility of healthy food is shaped by activities occurring across a community’s food system, influenced in turn by local government laws and systems. There are many legal and policy options available to communities seeking to make food more accessible. To help local-level policymakers, community leaders, advocates, researchers, and others navigate them, the Healthy Food Policy Project (HFPP) develops resources and a policy database to increase access to healthy food.
HFPP identifies and elevates local laws that seek to promote access to healthy food while also contributing to strong local economies, an improved environment, and health equity, with a focus on socially disadvantaged and marginalized groups.
This project is funded by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
Project Partners
Rudd Center for Food Policy and Obesity, University of Connecticut
Farm Bill Law Enterprise
The Farm Bill Law Enterprise shapes legislation to better reflect the long-term needs of our society.
Every five or so years, Congress passes omnibus legislation known as the “farm bill,” which authorizes a broad array of programs and services that shape virtually every aspect of the American food and agricultural systems.
Substantively engaging with the farm bill—and identifying viable steps toward reform—is difficult because the legislation is long, complex, and highly specialized. For this reason, the Farm Bill Law Enterprise (FBLE) brings together various academic and clinical programs with expertise in food, agriculture, nutrition, and the environment to work toward a farm bill that reflects a thoughtful consideration of the long-term needs of our society.
We accomplish this mission through joint research, analysis, and advocacy, and by drawing on the experience of our members, collaboratively building deeper knowledge, and equipping the next generation of legal practitioners to engage with the farm bill. In addition, FBLE provides law students throughout the country with research opportunities through the Food Law Student Network.
In October of 2022, the Farm Bill Law Enterprise published a series of reports that seek to infuse new ideas and amplify calls to action ahead of negotiations for the 2023 farm bill. The reports focus on five areas of action for the forthcoming bill: Climate & Conservation, Equity in Agricultural Production & Governance, Farm Viability, Farmworkers, and Food Access & Nutrition.
Researchers at CAFS, along with colleagues from Pace and Harvard law schools, co-authored the report on “Equity in Agricultural Production & Governance.” It recommends policy measures for the 2023 farm bill that could expand access to land and credit for marginalized producers, including 1) addressing discrimination and advance equity across USDA programs; 2) mitigating loss of heirs’ property; 3) facilitating farmland and ranchland transitions to systemically marginalized and beginning producers; 4) increasing accessibility and affordability of agricultural credit for systemically marginalized and beginning producers; 5) reinventing the county committee system of local agriculture governance, and 6) empowering 1980 and 1994 land-grant universities.
Project Partners
Harvard Law School Food Law and Policy Clinic
Duke Environmental Law and Policy Clinic
Harvard Law School Emmett Environmental Law & Policy Clinic
Health Law and Policy Clinic at Harvard Law School
Pace University Elisabeth Haub School of Law, Food Law Initiative
UCLA School of Law, Resnick Program for Food Law and Policy
University of Pittsburgh School of Law
Yale Environmental Protection Clinic
National Gleaning Project
The National Gleaning Project supports a network of organizations that combat food waste and feed the hungry.
Around 30 to 40 percent of the food supply in the United States goes to waste. According to some estimates, more food reaches U.S. landfills and combustion facilities than any other single material, comprising nearly a quarter of our everyday trash. Meanwhile, more than one in 10 Americans suffer from food insecurity.
Gleaning—the rerouting of food that would otherwise go to waste—is a solution that tackles the simultaneous problems of food insecurity and food waste. And it is gaining momentum. In recent years, organizations have sprung up across the country that collect leftover crops and fresh foods from farms, markets, grocery stores, and other sources, often redistributing them to the needy.
CAFS created the National Gleaning Project to support a growing network of gleaning organizations across the United States. Channeling our expertise in food law and policy, we also conducted extensive research to help these organizations unravel the complex laws and policies that influence their activities.
Through a continuously updated website, we provide information on national and state laws and regulations pertaining to gleaning and food donation, an interactive map of gleaning and fresh food recovery organizations across the country, and other topical resources. The goal is to help gleaning organizations become more resilient and thrive—reducing the environmental harms of waste while nourishing communities.
This project is funded by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
Visit the Website
Farmers Market Legal Toolkit
The Farmers Market Legal Toolkit aims to build resilient and accessible farmers markets.
Farmers markets play an important role in building resilient local food systems and vibrant communities. The Farmers Market Legal Toolkit supports farmers markets throughout the U.S. through open-source legal tools that keep market managers informed as they make decisions to build and grow their markets.
The toolkit’s topics were selected in response to recurring questions from farmers market managers: about how business structure would affect their organizations, what types of legal risks exist and how to manage them, and how to make their products available and accessible for all community members. The resulting website includes legal resources, best practice recommendations, and case studies for market leaders on selecting and enhancing business structures, accepting SNAP benefits, and managing common risks.
This project is funded by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture, and the USDA National Institute of Food and Agriculture.
Project Partners
Northeast Organic Farming Association of Vermont
Housing and Employment Rights for VT Dairy Workers
This project empowers farmworkers to understand and exercise their legal rights.
They keep our farms running and our communities fed. But farmworkers also suffer some of the most dangerous work conditions in the country. As a largely immigrant workforce, the challenges they face—from exploitation to occupational hazards to substandard housing—are magnified by barriers to accessing justice.
Funded by the USDA National Agricultural Library, CAFS first assessed federal employment and housing laws relevant to farmworkers, publishing a report that uses Vermont as an example of how state laws can serve to extend those protections.
Leveraging funds from the Vermont Community Foundation, CAFS’s Food and Agriculture Clinic then partnered with Migrant Justice to develop a Housing and Employment Rights handbook, available in both English and Spanish, tailored to workers on Vermont dairies. The Vermont nonprofit Migrant Justice was formed in 2009 after a young worker from Mexico was killed on a dairy farm due to unsafe work conditions and has since been advocating for better housing and employment conditions.
Assisting workers in understanding the rights and protections they are afforded under the law is an important step in preventing exploitation and achieving access to justice.
Project Partners
Farm Animal Welfare Certification Guide
The Farm Animal Welfare Certification Guide helps farmers and business owners adopt and communicate higher animal welfare standards.
The lack of welfare standards and transparency in industrial animal agriculture endangers farm animals, misleads consumers, and puts higher-welfare farmers at a disadvantage. Meanwhile, the demand for products with meaningful welfare certifications is rising at a steady pace as consumers become more concerned about inhumane factory farming practices.
Some farmers seek animal welfare certifications in order to communicate their higher-welfare practices to these conscious consumers. But deciding what certification to pursue—and how to pursue it—can be complicated. CAFS teamed up with ASPCA to create a comprehensive guide to animal welfare certification for farmers and business owners.
Updated in October 2019, the resource includes case studies, step-by-step breakdowns of each certification process, and a comparison of key differences between three recommended programs: Animal Welfare Approved, Certified Humane, and Global Animal Partnership.
It also includes a funding section highlighting grants that support farmers’ transition to welfare-certified systems. To date, only Vermont has passed legislation explicitly naming animal welfare certification projects as eligible for grant funding, though the updated Welfare Certification Guide attempts to identify all the existing state and federal resources available to farmers.
The guide will help farmers and food producers understand what welfare-certified farming can look like—ultimately giving them the tools to sustain humane practices and greater transparency.
Food Systems Resilience
Through the Food Systems Resilience project, we conduct policy research to strengthen food systems against climate change and other hazards.
With climate-related shocks and stressors adding to existing hazards facing food systems, this is a critical time to examine food system vulnerabilities and work to ameliorate them. Food Systems Resilience: Concepts & Policy Approaches presents advocates and policymakers with a suite of policy tools for strengthening food system resilience.
The project grew out of a desire to understand whether specific types of policies can promote food systems resilience. Authors Assistant Professor Emily Spiegel and student Jenileigh Harris developed an overview of the current scholarship on resilience, especially as it applies to food systems, as a means to predict, assess, and improve how those systems cope with disruption. They created the Food Systems Resilience Policy Chart to illustrate the conceptual mechanisms by which different types of policies contribute to resilience. Finally, the authors applied the chart to a case study of Puerto Rican policies and proposals.
The report aims to help advocates and policymakers to develop and adopt policies that foster resilience within their own food systems, or to complement efforts they are already undertaking.
This project is funded by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
Labels Unwrapped
Labels Unwrapped is a user-friendly resource that breaks down the law behind food labels.
Food labels are meant to inform, protect, and empower consumers, but more often they are incredibly confusing. From certifications to various types of health claims, ambiguous and sometimes deceptive language and imagery can make it difficult for shoppers to know what they’re eating. That’s where Labels Unwrapped comes in.
Available at labelsunwrapped.org, this user-friendly online resource breaks down the law of food labels using a series of interactive illustrated labels spanning different product categories. Users can hover over the various claims on each to learn more about common marketing terms like “gluten-free,” “all-natural,” “USDA organic,” “grass-fed,” and dozens more. Straightforward explanations outline what each claim means, as well as how (and if) it is regulated, and by whom. It also includes a “Labels 101” section providing a breakdown of the general law of food labels, as well as a selection of issue briefs related to more pressing and controversial topics.
The Labels Unwrapped project first launched in 2015 with a grant from an anonymous donor. Its original rendition was a collaborative effort between CAFS and student web designers at Dartmouth College’s DALI Lab. The new website, launched in June 2021, reflects new standards and incorporates new content addressing dietary supplements, plant-based proteins, and the National Bioengineered Food Disclosure Standard. The goal of this project is to make the law more accessible, ultimately empowering users to take charge of their purchasing decisions.
This project is funded by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
State Farm to School Policy Handbook
The State Farm to School Policy Handbook is a tool for those working to advance the farm-to-school movement.
Developed by CAFS faculty, staff, and students in partnership with the National Farm to School Network, this regularly updated resource outline states legislation from across the U.S. that promotes gardens, food and agriculture education, and local food procurement in schools. The most recent version, the State Farm to School Policy Handbook: 2002-2020, summarizes and analyzes bills and resolutions introduced between January 1, 2002, and December 31, 2020, from the 50 states, the District of Columbia, and the U.S. territories. It builds on a survey that was originally released in 2011, updated in 2013, 2014, 2017, and 2019, and was previously called the State Farm to School Legislative Survey.
Like previous iterations, it allows users to search bills by both jurisdiction and topic. It also provides analysis of and infographics detailing state farm-to-school legislative trends; summaries of proposed bills since 2002, whether enacted, defeated, or pending; case studies on successful farm-to-school advocacy efforts; and additional resources for advocates and policymakers to support state farm-to-school policies.
The most recent version of the handbook also highlights legislation that can advance racial equity, such as bills that focus on school food procurement practices, targeted farm-to-school training, and resources for BIPOC farmers. Additionally, it includes a comprehensive case study on key strategies to support Native food and Tribal sovereignty through farm-to-school policy.
This project is funded by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
Project Partners
National Farm to School Network
Farmland Access Legal Toolkit
The Farmland Access Legal Toolkit helps farmers and landowners affordably access, transfer, and conserve farmland.
A sustainable food system depends on ecologically-minded farmers having access to farmland. But due to development pressure and the high cost of land—which is out of reach for many farmers—American farmland is disappearing.
Agricultural land in the U.S.—essential not only for growing food, but in supporting the health of soil, air, water, landscapes, communities, and economies—is being developed and lost at an astronomical rate. As of 2017, the average age of U.S. farmers hovered around 57 years old. In the next decade, millions of acres of farmland will change hands, but the fate of that land is uncertain.
The good news is that there are growing numbers of Americans interested in farming—yet research indicates that the one of the biggest challenges they face is land access. According to a survey by the National Young Farmers Coalition, land access is the single most difficult obstacle young and beginning farmers face. This issue is particularly acute for BIPOC and New American farmers, due to centuries of systemic racism in American agriculture.
Thanks to funding from the USDA National Agricultural Library, we created the Farmland Access Legal Toolkit to address this problem. Geared towards farm-seekers, farmers, landowners, and their advocates and technical service providers, the toolkit offers educational information on legal issues that arise when leasing land, purchasing land using conservation easements and other tools to make it more affordable, and transferring land. Innovative online tools like the Farm Lease Builder help farmers and landowners discuss and come to agreements on farmland lease provisions, reducing expenses by producing a draft lease ready for an attorney’s review. In-depth case studies on the site display a range of creative leasing and land transfer strategies used around the country.
The toolkit is predominantly in English but there are a few Spanish language resources on the site, with more in the works.
This project is funded by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
Extension Legal Services Initiative
The Extension Legal Services Initiative answers farmers’ and food producers’ pressing legal questions about food safety compliance.
The Food Safety Modernization Act (FSMA), which became law in 2011, is the most sweeping overhaul of our federal food safety laws in seven decades. With it came seven new sets of regulations, such as the Produce Safety Rule, which governs the growing, harvesting, packing, and holding of produce grown for human consumption. As this and other FSMA rules are now being rolled out gradually for businesses of different sizes, farmers and food producers are not only subject to new regulations—they also face more drastic penalties if they don’t comply. These changes raise new legal questions, and the Extension Legal Services Initiative helps to answer them.
CAFS and partners at University of Vermont Extension’s Northeast Center to Advance Food Safety have been fielding many of these questions, recognizing an increasing need for farmers and food producers to gain clarity around legal issues related to compliance and liability. We launched the Extension Legal Services initiative in late 2019 to understand stakeholders’ most common questions about FSMA, conduct the legal research needed to answer them and to develop educational materials (factsheets, webinars, etc.) disseminating key information. These resources are now available on the project website at elsi.necafs.org.
Students in Vermont Law School’s Food and Agriculture Clinic, which is based at CAFS, have been deeply involved. They presented their work to date in two webinars in 2019 and at several conferences in 2019-2020, and have been producing the fact sheets that address the most common legal questions associated with FSMA compliance.
This project is funded by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
Project Partners
Northeast Center to Advance Food Safety
University of Vermont Extension
Growing Biodiversity
The Growing Biodiversity project empowers plant breeders to preserve biodiversity by putting genetic innovations in the public domain.
Biodiversity in crop species is essential to the future of farming, especially as climate change alters growing conditions. However, agricultural biodiversity has declined drastically during the past century. Meanwhile, seed companies have consolidated. Just four firms now control more than 60 percent of global seed sales. These companies have been patenting the crops they develop so that they cannot be used without permission or payment.
Those patents constrain farmers and plant breeders alike. Farmers have fewer options for planting, while breeders lose access to the genetic diversity they need. Many farmers and plant breeders also fear legal action by companies if they inadvertently use plant varieties that are too similar to patented ones.
To push back against these trends, some plant breeders are seeking ways to ensure the genetic traits they develop can never be locked into patents. One method is to create a printed publication that establishes a plant variety as “prior art,” rendering it ineligible for a patent in the future. While documents like these—called “defensive publications”—are common in other industries such as software, we argue that plant breeders interested in preserving biodiversity should be using them, too.
Defensive publication keeps genetic resources available without use restrictions or liability for infringement, and for a fraction of the cost of pursuing a patent. For plant breeders, the process can make genetic material more widely available for research. Ultimately, this could also make seeds more affordable and accessible for farmers.
That’s why CAFS has created a resource to assist plant breeders entitled A Breed Apart: The Plant Breeder’s Guide to Preventing Patents through Defensive Publication. Working with project partners, CAFS developed the guide to outline practices for breeders to keep genetic resources in the public domain.
This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
Project Partners
Rural Advancement Foundation International-USA
Farm to Institution Policy Report
The Farm to Institution Policy Project identifies policies that effectively compel state institutions to purchase local foods.
New England institutions are playing an increasingly significant role in the movement for healthy, sustainable, and regionally produced food. Local food can now be found in the cafeterias of our public institutions, from early childhood centers and college campuses to hospitals and correctional facilities. State policy can play an important role in this process, encouraging or requiring public institutions to begin purchasing food from local sources or to boost existing procurement efforts.
CAFS’s Food and Agriculture Clinic collaborated with staff, researchers, and the policy workgroup at Farm to Institution New England (FINE) to produce policy snapshots for each New England state, offering a glimpse at how institutions across the region procure local foods. Students and faculty analyzed state procurement policy trends, accomplishments, and gaps; interviewed key stakeholders; and made recommendations for strengthening state procurement policy to advance local food purchasing.
An accompanying report published in August 2019, Regional Trends in New England Farm to Institution Procurement Policy, built on the snapshots’ key findings. The report compiled and distilled the individual snapshots, offering suggestions for how states can work together to increase the amount of local food purchased by institutions.
Among its key findings, the report notes:
- Existing procurement processes create efficiencies and savings for purchasers, but can limit the effectiveness of state laws that mandate local purchasing.
- In the absence of impactful state laws, state agency advocates, institutions, community groups, and local governments are stepping in to advance local procurement goals.
Ultimately, the authors recommend that when establishing local food purchasing goals for institutions, states need to set specific metrics, commit to a timeline, and allocate resources to track progress.
This project is funded by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
Project Partner
Farm to Institution New England
Resources and Guides
HOUSING AND EMPLOYMENT RIGHTS FOR VT DAIRY WORKERS May 2024
This newly updated handbook provides information on employment and housing rights for migrant dairy workers in Vermont in English or Spanish
GLEANING ORGANIZATIONS AND VALUE-ADDED PRODUCTS: MANAGING FOOD SAFETY LIABILITY RISKS April 2024
This guide will help gleaning organizations understand and manage some of the food safety liability risks of value-added production.
ZONING FOR URBAN AGRICULTURE: A GUIDE FOR UPDATING YOUR COMMUNITY’S LAWS TO SUPPORT HEALTHY FOOD PRODUCTION AND ACCESS March 2024
This guide is intended for use by planners, local policy makers, food policy councils, and members of the public who want to promote urban agriculture through zoning reform
A GUIDE FOR FOOD HUBS ON FOOD SAFETY COMPLIANCE November 2023
Because they interact with many parts of the food system, food hubs must comply with different food safety laws and regulations. That compliance may be more complex than it would be for food system actors who only work at one level of the food system. This resource, in conjunction with legal advice, can help food hub leaders understand the legal landscape in order to build compliance and risk management strategies.
FOOD AND AGRICULTURE LAW AND POLICY RESEARCH GUIDE March 2022
Compiled by Environmental Law Librarian Christine Ryan, this research guide includes free, open-access resources related to food and agricultural law and policy. Attorneys, farmers, extension professionals, and anyone conducting food and agriculture research—in addition to law students—can use the guide to find helpful resources.
A WORKING GUIDE TO CURRENT USE TAXATION FOR AGRICULTURAL LANDS November 2021
Current use programs—which generally allow farmers to pay taxes on their land at current (agricultural) value rather than its assessed value for another non-farming use—are an important tool in the farmland preservation toolbox.
REORGANIZING A FARM BUSINESS WITH CHAPTER 12 OF THE BANKRUPTCY CODE: A BRIEF GUIDE October 2021
Can bankruptcy sometimes be a helpful tool to save a farm? This guide covers Chapter 12 of the bankruptcy code, a little-known strategy to transform farming operations.
UNDERSTANDING FSMA’S PREVENTIVE CONTROLS RULE: A GUIDE FOR GRAIN BUSINESSES August 2021
Do you grow, harvest, store, or process food-grade grain or grain products? This resource may help you determine if you need to comply with the Food Safety Modernization Act’s Preventive Controls for Human Food Rule.
A BREED APART: THE PLANT BREEDER’S GUIDE TO PREVENTING PATENTS THROUGH DEFENSIVE PUBLICATION October 2019
“Defensive publication” keeps genetic resources available without use restrictions or liability for infringement, and for a fraction of the cost of pursuing a patent. For plant breeders, the process can make genetic material more widely available for research. Ultimately, this could also make seeds more affordable and accessible for farmers. This guide outlines practices for breeders to keep genetic resources in the public domain.
FARM ANIMAL WELFARE CERTIFICATION GUIDE October 2019
The Farm Animal Welfare Certification Guide helps farmers and business owners adopt and communicate higher animal welfare standards.
BUILDING RESILIENT LOCAL MEAT SUPPLY CHAINS: HOW ON-FARM SLAUGHTER FITS INTO THE FEDERAL MEAT INSPECTION ACT
On-farm slaughter is a central component of a localized, resilient food system for small-scale farmers and their communities. This report examines how federal and state meat inspection laws have exempted on-farm slaughter practices, and what more can be done to support these operations.
THE STATE OF PRISON FOOD IN NEW ENGLAND: A SURVEY OF FEDERAL AND STATE POLICY
Developed in partnership with Farm to Institution New England (FINE), this report examines the laws and policies that shape food in New England’s publicly operated correctional facilities. It offers recommendations for advocates and policymakers to ensure nutritious and safe meals while improving how prison food is sourced and served.
ENERGY AND EQUITY IN CANNABIS CULTIVATION
As cannabis is legalized in more US states, policies are needed to improve the sustainability of energy-intensive indoor cultivation. This report from the Farm and Energy initiative, a join project of CAFS and the Institute for Energy and the Environment, focuses on the social equity impacts of regulating energy consumption in the cannabis industry.
MANAGED ROTATIONAL GRAZING POLICIES: AN OVERVIEW OF FARM BILL PROGRAMS TO SUPPORT REGENERATIVE AGRICULTURE
Facing an accelerating climate crisis, many livestock farmers are seeking a system of management that supports their livelihoods while protecting climate and food system resilience. This report explores how farm bill programs can be leveraged to encourage managed rotational grazing, a system of livestock management that is a more climate-friendly alternative to industrial forms of livestock production.
LOCAL POLICY TO PROMOTE HEALTHY FOOD ACCESS: A FOOD SYSTEMS FRAMEWORK
This newly-updated resource from the Healthy Food Policy Project can help policymakers, leaders, advocates, researchers, and others understand the range of policy options for communities seeking to increase access to healthy food.
WHAT IS “HEALTHY” FOOD? REGULATING HEALTH CLAIMS ON FOOD PRODUCT LABELS
As FDA considers redefining the term “healthy” to make it align with current nutrition science and the most recent Dietary Guidelines for Americans, this brief explores the controversial use of “healthy” claims on food product labels.
WHAT’S THE BEEF? DEBATES OVER CELL-CULTURED MEAT
As cell-cultured or “lab-grown” meats come closer to hitting grocery store shelves, federal and state regulators are facing questions about how these products should be labeled. This issue brief from the Labels Unwrapped project breaks down the debates.
RETHINKING MANURE BIOGAS: POLICY CONSIDERATIONS TO PROMOTE EQUITY AND PROTECT THE CLIMATE AND ENVIRONMENT
Is converting animal waste into fuel, known as manure biogas, the solution to the approximately 20 percent of greenhouse gas emissions caused by animal agriculture globally? Some may think so—but relying on manure biogas systems on factory farms to combat climate change ignores very real consequences these systems have to the environment and the communities in which they are housed, while doubling down on the system of factory farming that is responsible for the underlying emissions. This report analyzes the role that manure biogas plays in a climate mitigation strategy, specifically tackling its environmental justice impacts and how policymakers can ensure an effective and equitable climate future.
TOWARDS EQUITABLE AND JUST FOOD SYSTEMS: EXPLORING FOOD JUSTICE, FOOD SOVEREIGNTY, AND ENDING FOOD APARTHEID POLICY & PRACTICE
This new report from the Healthy Food Policy Project delves deep into terms and frameworks for discussing equitable food systems such as food justice, food sovereignty, and food apartheid. As terminology describing equitable food systems adapts and evolves, it is more important than ever to think about what these terms mean and how they should be used in different contexts, including in policy. This report includes definitions of common terms, policy examples, and additional resources for individual and group learning.
ADDRESSING CONSOLIDATION IN AGRICULTURE: USDA’S RESPONSE TO PRESIDENT BIDEN’S DIRECTIVE TO PROMOTE COMPETITION IN THE AMERICAN ECONOMY
President Biden’s Executive Order in July 2021 encouraged USDA to address issues of consolidation in the agriculture industry that have hampered competition and unfairly discriminated against certain producers. This analysis outlines the requirements included in President Biden’s Executive Order, the United States Department of Agriculture’s response to Biden’s directive thus far, and some recommendations for how the agency could expand its regulatory impact to promote competition within the sector.
SEAFOOD FRAUD: ANALYSIS OF LEGAL APPROACHES IN THE UNITED STATES
Among types of food fraud, seafood fraud is prolific—and distinct in its implications for natural resource management. Currently, there is no single authority that regulates seafood in the United States, resulting in a patchwork approach that simultaneously provides opportunities for specialized expertise while also allowing for significant gaps in enforcement. This report examines how the United States currently regulates seafood and makes recommendations for policymakers to address the issue of seafood fraud both domestically and abroad.
DEFINING LOCAL FOOD: AN ANALYSIS OF STATE APPROACHES AND CHALLENGES
“Local” is frequently used to describe food in both the law and the marketplace—but the term remains largely undefined. And when it comes to local food legislation, that vagueness can make it difficult to meet policy goals and evaluate impacts. This report examines the term “local” from a legal perspective. It also draws from a nationwide scan of state policies to compare different approaches to defining the term. We hope it will be useful to policymakers, researchers, and advocates who are involved in creating or evaluating local food legislation.
DEFINING AND REGULATING AGRITOURISM
While many of us have a vague idea of what agritourism means, there’s no standard legal definition—and policies are evolving quickly. That’s why CAFS released a report comparing state agritourism laws across the country and identifying legislative trends. The goal is to assist policymakers in drafting effective agritourism legislation addressing key areas like liability, zoning, fundings, taxation, and licensing.
Reports and Issue Briefs
The Center for Agriculture and Food Systems works with partners across the country to create standalone reports, issue briefs, and other resources for food system stakeholders. Browse the list of standalone reports below, and see the project listings above to learn more about our ongoing projects that encompass a wider range of resources.
ENERGIZING AGRICULTURE: POLICY OPPORTUNITIES FOR BENEFICIAL ELECTRIFICATION ON THE FARM
This report explores how beneficial electrification in agriculture fosters a robust electric grid, reduces greenhouse gas emissions, and cuts energy costs for both consumers and utilities.
WHAT IS COUNTRY OF ORIGIN LABELING?
Country of Origin Labeling is designed to help consumers make more informed choices and to support domestic growers. However, standards have the potential to confuse consumers as to what “Product of USA” means.
LAND-USE TOOLS TO PROTECT POLLINATORS: CURRENT APPROACHES AND POTENTIAL PATHWAYS
The more we come to understand the role of pollinators, the more it becomes clear that our current mode of existence is incompatible with a healthy pollinator population.
APPEALING FOR RELIEF: AN ANALYSIS OF APPEALED DIRECT FARM LOAN DECISIONS 2009-2022 AND OPPORTUNITIES FOR REFORM
Appealing for Relief: An Analysis of Appealed Direct Farm Loan Decisions 2009-2022 and Opportunities for Reform analyzes USDA National Appeals Division cases concerning direct farm ownership and farm operating loans.
CAFS Alumni
Our alumni have gone on to work for:
- AgriEcology Services
- American Farmland Trust
- ASPCA
- Artisan Grain Collaborative
- California Certified Organic Farmers
- Columbia Center for Sustainable Investment
- Corn Refiners Association
- Conservation Law Foundation
- Dunkiel Saunders
- Duquesne University School of Law
- Department of New York State
- Environmental Working Group
- Farm Commons
- Food Connects
- Food and Drug Administration (FDA)
- Food Tank
- Harvard Food Law and Policy Clinic
- Sustainable Nantucket
- Langrock Sperry & Wool LLP
- Maine Farmland Trust
- Mars
- National Farm to School Network
- National Sustainable Agriculture Coalition
- National Young Farmers Coalition
- Organic Farming Research Foundation
- Rural Vermont
- US Senate Agriculture Committee
- Slow Food Charleston
- Vermont Agency of Agriculture
- United Nations Food and Agriculture Organization
- United Natural Foods, Inc.
Clients and Partners
The Center for Agriculture and Food Systems partners with organizations nationwide, working with them to solve law and policy challenges in pursuit of a more sustainable, just, and equitable food system. Our partners and clients include:
Agrarian Trust
National Family Farm Coalition
Food Law and Policy Clinic – Harvard Law School
National Farm to School Network
Public Health Law Center at Mitchell Hamline School of Law
Farm to Institution New England
National Sustainable Agriculture Coalition
Rudd Center for Food Policy & Obesity – UConn
FSC/LAF Federation of Southern Cooperatives
Center for a Livable Future – John Hopkins
The Northeast Center to Advance Food Safety
Rural Advancement Foundation International
Food and Agriculture Organization of the United Nations
Justicia Migrante/Migrant Justice
Northeast Organic Farming Association of Vermont
Socially Disadvantaged Farmers and Ranchers Policy Research Center – Alcorn
Funders
Our work is supported with generous grants from:
United States Department of Agriculture – National Agriculture Libary
GRACE Communications Foundation
Food and Agriculture Organization of the United Nations
CAFS Year in Review
Download the Vermont Law and Graduate School Center for Agriculture and Food Systems Year in Review
Agriculture and Food Systems News and Events
Hot Topics: Reporting from the Void: Americans’ “Rights” to Nutritious Food, Potable Water, and Clean Air
August 3rdVLGS Hot Topics Reporting from the Void: Americans’ “Rights” to Nutritious Food, Potable Water, and Clean Air…
Hot Topics 2020: Sick in the Slaughterhouse: Protecting Meat Industry Workers During the Pandemic and Beyond
June 18thWatch a recording of this event here. David Muraskin from Vermont Law School, Public Justice, presents “Sick in the Slaughterhouse: Protecting Meat Indus…
A Recipe for Sustainability: Global Best Practices to Combat Food Waste and Food Insecurity
August 4thHot Topics in Environmental Law Lecture Series Featuring Emily Broad Leib, Vermont Law School Summer 2022 Distinguished Scholar in Sustainab…
From RFS to CCS: Can ethanol become more climate-friendly?
June 23rdHot Topics in Environmental Law Lecture Series Featuring Leah Douglas, Agriculture and Energy Reporter, Reuters Each lecture is worth…
Work With Us
Are you an organization interested in working with CAFS on policy advocacy or to develop legal resources for your community?
If so, please email [email protected] and include a few brief statements describing: your organization, the legal or policy issue and/or the goals of your project, the type of legal or policy assistance you’re seeking, and an anticipated timeline.
Are you a Vermont farmer, food entrepreneur, or food system organization seeking legal assistance for your business?Please submit a request for assistance through the Vermont Legal Food Hub or the online intake form.
Current Employment Openings
Spanish-Language Attorney Reviewer (part-time, contract)
The Center for Agriculture and Food Systems at Vermont Law and Graduate School seeks attorneys to review occasional translated Spanish-language resources for legal accuracy. Reviewers will compare translated Spanish-language guidebooks, reports, and other resources to English-language originals and correct any flaws in the legal language. Attorneys may be licensed in any U.S. state or territory and should be fluent in Spanish and English, including legal terminology. Familiarity with agriculture or food systems policy and formal training or experience with translation are preferred but not required.
Payment is $30 per single-spaced page. Resources vary in length from 10 – 100 pages. Work will typically not include more than four resources per year. Complete our online form to apply. Applications will be reviewed on a rolling basis. For questions, contact [email protected].
Contact Us
For questions about accessibility, if you need additional accommodations for a specific document, or have any other questions, please contact [email protected].
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