Index

Adirondack Farmers’ Market Cooperative, 23 Farmers’ markets, 23

Agency law, 29 Feasibility study, 6
Agricultural Fair Practices Act, 42 Financing
Agway, Inc. v. Brooks, 26 cooperatives, 41
Arkansas Farmers’ Market Association, 45 corporation, 38
Articles of incorporation, 30 general partnership, 33
limited liability company, 37
Board of directors, 27 limited liability partnership, 36
Business fundamentals, 5 limited partnership, 35
Business plan, 7 sole proprietorship, 32
Bylaws, 31 Five C’s of credit, 51
Fraud in obtaining loan, 53
Capper-Volsted Act, 42
Collective bargaining associations, 18 General partnerships, 33
Community supported agriculture, 20 Grants, 50
Comprehensive farm liability policy, 71 Graves v. Serbin Farms, 30
Contract law Growers’ networks, 18
elements of a contract, 86
rules, 87 Identity preservation, 13
Cooperatives Insurance
equity capital from members, 57 comprehensive farm
investor friendly cooperatives, 45 liability policy, 71
principles, 40 directors’ and officers’, 73
traditional cooperatives, 39
value added cooperatives, 43 Jackson v. Swift Eckrich, 96
Corporations, 38
Crop insurance, 75 Kaycee Land and Livestock v. Flahive, 27
CROPP Cooperative, 43
Liability
Debt financing cooperative, 41
definition, 48 corporation, 38
guaranty, 53 general partnership, 33
sources, 54 limited liability company, 37
limited liability partnership, 36
Equity financing limited partnership, 34
definition, 48 sole proprietorship, 32
sources, 57 Lacina, Tom, 14
Leasing, 64
Fair trade coffee, 12
Farm Credit System, 56

D R A K E U N I V E R S I T Y A G R I C U LT U R A L L AW C E N T E R
Limited liability companies Sole proprietorship, 32
introduction to, 36 Southwest Georgia Escapes, 19
operating agreement, 31 Sustainable agriculture, 13
value added enterprises, 29
Limited liability partnership, 35 Tallgrass Prairie Coop, 8
Limited partnership, 34 Taxes
Long John Silver’s, 102 cooperative, 41
corporation, 39
Marketing, 9 general partnership, 33
Marketing organization, 22 limited liability company, 37
limited liability partnership, 36
National Farmers’ Organization, 18 limited partnership, 35
National Farmers Union, 23 sole proprietorship, 32
Naturally Iowa, LLC, 37
Negligence, 73 Uniform Commercial Code
Niman Ranch Pork Company, LLC, 19 introduction to, 89
Nonprofit corporation merchant, definition of, 90
insurance, 72 risk of loss in absence of breach, 69
trade associations, 45 warranties, 90
United States v. Mallett, 53
Organic Valley, 43 United States v. Taliaferro, 54
Operating agreements, 31 U.S. Small Business Administration, 62
Ownership and control USDA Rural Development, 60
cooperative, 41
corporation, 38 Value added cooperatives, 43
general partnership, 33 Venture capital, 58
limited liability company, 36 Vertical coordination, 21
limited liability partnership, 35 Vertical integration, 22
limited partnership, 34
sole proprietorship, 32 West Liberty Foods, 21

Packers and Stockyards Act, 95

Perishable Agricultural Commodities Act, 101
Piercing corporate veil, 26
PMO Wildwood, 14
Products liability, 73

Red Tomato, 22
Risk management strategies, 70
Rolling Prairies Farmers’ Alliance, 20
Royalty financing, 57

Securities Law
cooperative, 41
corporation, 39
general partnership, 33
introduction to, 28
limited liability company, 37
limited liability partnership, 36
limited partnership, 35
sole proprietorship, 32

P R O D U C E R M A R K E T I N G A S S O C I AT I O N S
 Notes

D R A K E U N I V E R S I T Y A G R I C U LT U R A L L AW C E N T E R