Nearly 30 Years Of Representing Businesses And Their Owners

Bakersfield Agricultural Law

Attorneys in our Agricultural Law practice group represent clients throughout the state in federal and state courts and before federal, state, and local administrative agencies.

Relevant Experience in Agricultural Law Includes:

Regional Water Quality Control Boards, Environmental Protection Agency and Air District investigations and enforcement actions
Underground storage tank compliance and tank fund applications
Federal and state superfund site cost-recovery for environmental damages
Environmental due diligence for commercial real estate and business transactions
Prosecution and defense of citizen suits under federal and state statutes
Land use entitlements and permitting of energy projects including digesters, wind turbines, solar farms, co-generation facilities and ethanol producers
Proposition 65 Compliance and Litigation
Compliance and defense and prosecution of cases under California’s Environmental Quality Act
Defending personal injury suits from alleged exposure to hazardous substances, also known as “toxic torts”
Agricultural land sale and lease agreements
Perishable Agricultural Commodities Act claims and administrative proceedings
Agricultural equipment lease and financing agreements
Water rights applications and entitlements
Food safety regulations and compliance
Organizing and structuring business entities
Employment issues

California Agriculture Law Frequently Asked Questions

Working with an agriculture lawyer is essential for farmers, ranchers and agricultural businesses. Legal guidance helps you comply with regulations and protect your business’s intellectual property.

To help you learn more, here are our answers to frequently asked questions about California agriculture-related legal issues.

What are the key regulations governing water usage in California agriculture?

Various state and federal laws govern water usage regulations for agriculture. They include:

The California Water Code: This legislation regulates water rights and usage, outlining how it can be used, allocated and transferred.
The Sustainable Groundwater Management Act (SGMA): Requires the development of Groundwater Sustainability Plans (GSPs) to help ensure groundwater basins are managed sustainably.
State Water Resources Control Board (SWRCB): This board issues permits and monitors water usage to help ensure compliance with state laws.

Complying with these regulations is crucial for agricultural operations to avoid penalties and help ensure sustainable water use.

What are the legal implications of agricultural labor laws in California, and how can I ensure compliance?

All industries, including agriculture, must abide by specific California employment laws. Here is a breakdown of key laws.

California Labor Code: Covers wages, hours, working conditions and rest periods
AB 1066 (Phase-In Overtime for Agricultural Workers Act of 2016): Gradually increases overtime agriculture wages to align with other industries
Cal/OSHA Regulations: Helps promote workplace safety and health standards
Migrant and Seasonal Agricultural Worker Protection Act (MSPA): Provides additional federal protection for migrant and seasonal workers

Compliance involves keeping accurate records of work hours, providing necessary training, maintaining safe conditions and staying informed about labor laws.

How can I protect my agricultural intellectual property, such as unique crop varieties or farming technologies?

Some of the strategies for protecting agricultural intellectual property (IP) include:

Patents: Grants exclusive rights to an invention for a specific period
Plant Variety Protection (PVP): Provides intellectual property rights to breeders of new plant varieties
Trademark registration: Protects brand names, logos and other identifiers that distinguish your products in the market

Working with an agriculture attorney can help you identify the best strategies for protecting your agricultural intellectual property.