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Understanding the Established Farmer: Legal Criteria and Implications
Definition & Meaning
An established farmer is defined as a person or group that actively manages and operates a farming business. This includes making key decisions, directing the farming operation, and spending significant time on the farm. To qualify as an established farmer, one must have planted crops or raised livestock, and if part of a farming entity, earn over fifty percent of their income from farming activities. Certain types of entities, like those primarily engaged in processing or those with full-time managers, do not qualify as established farmers.
Table of content
Legal Use & context
The term "established farmer" is commonly used in agricultural law, particularly in relation to government programs and disaster relief. It helps determine eligibility for various agricultural loans and assistance programs administered by the Farm Service Agency (FSA). Understanding this definition is crucial for farmers seeking financial support or navigating legal requirements in agricultural operations.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A family-run farm where the parents and their children work together to plant crops and manage livestock would qualify as an established farmer.
Example 2: A cooperative of local farmers who collectively manage their operations and earn the majority of their income from farming activities also fits the definition. (hypothetical example)
Relevant laws & statutes
The definition of established farmer is outlined in the Code of Federal Regulations, specifically 7 CFR 761.2. This regulation provides the framework for determining eligibility for various agricultural assistance programs.
Comparison with related terms
Term
Definition
Key Differences
Established Farmer
A farmer actively involved in managing and operating a farm.
Focuses on active management and income from farming.
Beginning Farmer
A farmer who is new to farming, typically with less than ten years of experience.
Emphasizes experience rather than active management.
Farm Manager
An individual responsible for overseeing farm operations.
May not own the farm and can be a full-time employee.
Common misunderstandings
What to do if this term applies to you
If you believe you qualify as an established farmer, consider applying for agricultural loans or assistance programs. You can explore US Legal Forms for templates and resources to help you navigate the application process. If your situation is complex, consulting with a legal professional may be beneficial.
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