Holland & Hart's attorneys represent a wide range of clients in agriculture and food related industries.  Our attorneys provide strategic advice and counsel on bringing new and innovative products to market, compliance, litigation, and government relations.  We have extensive experience in virtually all regulatory, marketing, and economic investment programs of the U.S. Department of Agriculture (USDA), renewable biomass-based energy production, plant and animal health, food safety and labeling and related environmental issues including conservation programs, and climate change initiatives.  The Chair of Holland & Hart's Agriculture and Food group, Nancy Bryson, brings a wealth of practical experience to this practice from service as the General Counsel of the USDA from 2002 to 2005.

21st Century Agriculture

Much of the legal framework within which agriculture operates in the United States is rooted in Depression-era statutes and the regulatory, marketing, and economic investment programs that have evolved from those statutes.  The 21st century marketplace presents many new challenges and opportunities.  These arise from several different sources:

• The evolution and application of new technologies;
  


• Changing consumer demand for differentiated agricultural products including organic, local, minimally processed foods;
  


• Food safety concerns in global supply chains;
  


• A re-invention of farm products, such as renewable biomass energy sources, wildlife habitat, wetlands conservation, watershed improvement, pollution offset credits, and carbon sequestration opportunities;
  


• Increasing focus on the health and well-being of our plant and animal resources; and
  


• Rethinking competition.

Representative Clients and Matters

Our Agriculture and Food practice combines a strong grounding in the major programs and minor idiosyncrasies of existing agricultural law in the United States with a thorough awareness of the changing business and competitive landscape.  Representative clients and matters include:

• A coalition of integrated independent dairy producer-handlers, large and small, seeking the right to continued competitive participation in the U.S. dairy market;
  


• Investment firms in need of analysis of U.S. agricultural laws on proposed strategic business ventures in areas such as renewable energy from various types of biomass;
  


• Certified National Organic Program operations compliance and strategic regulatory counsel;
  


• Major seed company on regulatory and litigation matters involving plant protection issues;
  


• Plant biotechnology companies on regulatory and commercial matters including product approval and product liability;
  


• Major food companies on innovative new product claims requiring regulatory approval;
  


• Livestock operations dealing with animal disease outbreaks and conservation programs;
  


• Major carrier on compliance with Animal Welfare Act in pet transport business;
  


• Foreign entities on U.S. agricultural land ownership reporting requirements; and
  


• Multinational agricultural business on U.S. import/export requirements and food import investigations.

Select Areas of Experience

Marketing and Regulatory Programs
We have significant experience with virtually all kinds of marketing and regulatory programs affecting agriculture.  We work closely with the Animal and Plant Health Inspection Service (APHIS), which has the primary responsibility for safeguarding plants and animals and preventing

USDA National Organic Program
We regularly represent clients on matters arising under the USDA National Organic Program and the Organic Foods Production Act of 1990 including certifications, use of the USDA Organic Seal, compliance, and program development.  Our experience includes working with USDA accredited certifying agents including the Colorado Department of Agriculture.

Food Safety and Inspection Service
We assist clients in the meat and poultry industries with inspection rights, food safety, and labeling.  We work with clients to get labels pre-approved and have experience with issues surrounding key words like natural, naturally raised, raised without antibiotics, pasture fed, and tested for BSE.

Natural Resources and Conservation
Our Natural Resources and Environmental practices are recognized as leaders in the country by Best Lawyers and Chambers USA, and our attorneys help agricultural and food clients deal with many of the natural resources and conservation-related issues, including matters concerning the U.S. Forest Service and the Natural Resources Conservation Service.  We help clients understand and comply with the environmental standards, including cost-share and technical assistance under EQIP, WHP, WPP, and CRP, best management practice standards, EPA incentives, and conservation easements for major landowners.

Renewable Energy and Rural Development
Our business, real estate, energy, and telecommunication attorneys understand the issues faced in both agriculture and rural development.  Our attorneys assist clients with matters regarding the Rural Utilities Administration, Business and Cooperative Programs Administration, and Rural Housing Programs.