Transcription of GEORGIA DIRECT FARM BUSINESS GUIDE
1 GEORGIA DIRECT farm BUSINESS GUIDE MICHAELA TARR STACY REVELS RUSTY W. RUMLEY 1 GEORGIA DIRECT farm BUSINESS GUIDE Introduction .. 5 I. Using This GUIDE .. 5 II. Overview of Administrative Agencies .. 7 III. The Food and Drug Administration s Food Code .. 8 IV. GEORGIA Department of Agriculture and GEORGIA Department of Public Health .. 9 Section 1: Farming Operations .. 12 Chapter 1: Structuring the BUSINESS .. 13 I. Planning the DIRECT farm BUSINESS .. 13 II. Choosing a BUSINESS Entity .. 15 III. Checklist .. 22 Chapter 2 - Setting up the DIRECT farm BUSINESS .
2 23 I. Siting .. 23 II. Registration and Permits .. 25 III. Insurance .. 32 Checklist .. 34 Chapter 3: Managing and Marketing the DIRECT farm BUSINESS .. 38 I. Contracting .. 38 II. Marketing .. 48 III. Intellectual Property .. 52 IV. Weights and Measures .. 56 V. Looking to the Future: Estate Planning .. 57 VI. Checklist .. 58 Chapter 4 - Taxation .. 59 I. Registration Requirements .. 59 II. Taxation of BUSINESS Income .. 60 2 GEORGIA DIRECT farm BUSINESS GUIDE III. Employment and Self Employment Taxes .. 64 IV. Sales and Services Taxes .. 68 V. Excise Taxes.
3 69 VI. Property Taxes .. 71 VII. Checklist .. 72 Chapter 5: Labor and Employment .. 73 I. Fair Labor Standards .. 73 II. Occupational Safety and 77 III. Migrant and Seasonal Workers .. 79 IV. Employer Liability .. 83 V. Checklist .. 88 Section II Regulation By 89 I. Federal Regulation .. 90 II. State Regulation .. 94 III. Hormone Free Labeling .. 96 IV. Checklist .. 97 2- 98 I. Federal Oversight of Eggs .. 98 II. GEORGIA Regulation of Eggs .. 100 III. 102 3 - Fish, Shellfish and Other Aquatics .. 103 I. Production .. 103 II. GEORGIA Marketing.
4 106 III. Federal Rules .. 106 IV. Checklist .. 109 3 GEORGIA DIRECT farm BUSINESS GUIDE 4- Fruits and Vegetables .. 110 I. Unprocessed Fruits and Vegetables .. 110 II. Processed Fruits and Vegetables .. 111 III. Checklist .. 115 5 - Grains and Cereals .. 116 I. Grain Inspection Standards .. 116 II. Licensing of Warehouses .. 117 III. Selling 118 IV. Checklist .. 119 7 - Honey & Maple Syrup .. 120 V. Beekeeping .. 120 VI. Selling 121 VII. Maple Syrup .. 122 VIII. Checklist .. 123 8 - Meat and Poultry .. 124 I. Raising and Caring for Animals .. 124 II.
5 Slaughtering & Processing .. 127 III. Marketing Meat & Poultry Products .. 132 IV. Checklist .. 137 9 - Organic Marketing .. 138 I. Labeling and 138 II. Certification Process .. 139 III. Production Requirements .. 140 IV. 145 Glossary of Terms .. 146 4 GEORGIA DIRECT farm BUSINESS GUIDE ACKNOWLEDGEMENTS & LEGAL DISCLAIMERS ACKNOWLEDGEMENTS The original GUIDE was made possible, in part, by funding support from the National Agricultural Law Center at the University of Arkansas. Of course, any errors or omissions are the sole responsibility of the authors.
6 Photo Credits: Pg. 103 courtesy of Wendy Andersen; pg. 98 courtesy of Nicholas R. Johnson. All other photos courtesy of Lisa Bralts and Market at the Square, Urbana, IL. All rights reserved. LEGAL DISCLAIMERS This GUIDE is not intended as legal advice. It is not intended to, and cannot, substitute for sound legal advice from a competent, licensed attorney. Rather, it is meant to help farmers understand the many issues that must be considered when establishing and operating a DIRECT farm BUSINESS . There is more to farming than just growing crops and selling to customers.
7 The authors hope is that this GUIDE will illustrate the legal issues that DIRECT farm entrepreneurs must consider and then GUIDE them towards experts and additional resources that will set their DIRECT farm businesses on a track towards success. The legal information provided by this GUIDE is a general overview of the many laws and regulations that may be applicable to a DIRECT farm BUSINESS . The reader should never assume that the information contained herein applies to his or her specific situation without consulting a competent attorney in his or her home state.
8 Further, though the authors have made every effort to ensure the accuracy of the information in this GUIDE , they cannot guarantee that all of it is correct. Laws, regulations, and guidelines can change at any given time, and the status of laws and regulations in the future cannot be predicted with any certainty. Therefore, every user of this GUIDE should at all times independently ensure that the legal information is up-to-date before using it in any way. Any URLs provided herein are purely for the convenience of the user, and the authors of this GUIDE disclaim any liability for the content of the referenced websites.
9 Finally, any opinions, findings and conclusions, or recommendations expressed in this GUIDE are those of the authors and do not necessarily reflect the view of the funding organizations. 5 GEORGIA DIRECT farm BUSINESS GUIDE INTRODUCTION If you are reading this GUIDE , then you are probably already well aware of the growing interest in local foods. Consumers seek out local producers for a variety of reasons: some believe the food is healthier, safer, and tastier. Others hope that local farmers are more invested in the community and stewardship of the land.
10 And many people simply want to put their hard- earned dollars back in their local communities so that they can learn more about where their food comes from, as well as make connections with the people who grow it. Although consumer demand is the primary motivation for expanded local food networks, national leaders, in an era of bioterrorism threats and increased energy costs, have recognized that DIRECT farm businesses can play a critical role in local and regional food security plans. For example, the Federal Farmer-to-Consumer DIRECT Marketing Act (7 Chapter 63) recognizes the importance of DIRECT farm businesses by funding state DIRECT marketing assistance programs and directing a yearly survey to determine what methods of DIRECT farm marketing are being used.
