Farm Laws and Regulations by State

Whether you have a large commercial farm, a pumpkin patch, or a hobby farm for your leisure, state laws and regulations may apply. Knowing your state's farm laws and regulations is key to avoiding penalties for noncompliance. It also helps ensure your farm has the proper insurance coverage.

An independent insurance agent is a great resource for finding the right farm insurance policy and ensuring compliance with state agricultural regulations. Your agent can help you get matched to the appropriate amount of coverage for your location. But first, use our guide to state farm laws and regulations to get started.

 Key Takeaways

Top 8 State Laws and Regulations That May Apply to Your Farm

Depending on your location, agricultural laws by state will apply to your farm, whatever its size. Most of these laws and regulations are addressed on your state government's website and the office of your Attorney General. Your independent insurance agent is also knowledgeable of your state laws and regulations for farmers. 

Farm regulations compliance is key to avoiding any local penalties to your farm, such as fines. Here are eight of the main farm state laws and regulations you need to be aware of.

1. Oral leases

If you have extra land that you lease to other farmers for use, you may come across an oral lease transaction. For instance, in South Dakota, an oral lease for your farmland is good year to year and typically for no more than 40 acres of farmland being leased out. 

Oral leases are normally only good on a year-to-year basis, not long-term, and insurance will determine how your oral or written contract is set up. You own the land, and they may own the crops, livestock, etc. Ensuring their agreement is firm and their insurance policies cover potential liability is essential to avoiding a major lawsuit for your farm.

2. Fencing laws

Most farmers have some fencing, or even hundreds of acres' worth, and sometimes, there might be friction with neighbors who share the same borders. For example, who foots the bill when an adjoining fence is taken out by a tornado? 

Most insurance companies would have both parties file a claim under their farm insurance policies. The insurers would then subrogate against each other and likely conclude that each will pay equal amounts.

Keep in mind that each state has its own laws that govern farms and fencing, so you'll want to talk with your independent insurance agent to understand the language.

3. Open range laws

Some states have completely abolished this law. Open range in several states used to pertain to allowing livestock to roam free between ranges. The law now addresses livestock that are struck by a motor vehicle on the road. 

Your insurance company would need to investigate how the livestock got to the road, what harm it may have caused, or what harm was done to it, before determining how coverage would apply. In this respect, open range refers to an area where livestock are unattended and unrestrained.

How your state handles this law will affect what coverage the insurance company offers. Discussing this topic with your independent insurance agent can help ensure you obtain the proper coverage.

4. Weed control laws

If your farm borders any township, county, or state-owned land or areas, and your weeds, brush, and grass are not maintained, you may be in violation of these laws. As a farmland owner, it's your responsibility to manage your farm and maintain your borders, including beautification, as it relates to your state. 

Your insurance isn't likely to cover you if you have an unkept farm and are fined or cited for a violation. However, coverage may apply if your farm was using weed control chemicals such as pesticides. 

Ensure that your policy includes coverage for inhaling chemicals and pollution coverage for the disposal of chemicals. Your legal defense and other expenses would also likely be covered if your neighbor sued you for an infestation of noxious weeds, which are harmful and can cause the destruction of land or crops. 

Your farm policy may offer coverage for a situation like this, which could destroy a neighbor's livelihood. Talk with your independent insurance agent about your farm's specifics and state laws.

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5. Right to farm

Some states have a Right to Farm Act that protects farmers and ranchers from public or private nuisance suits. Since agriculture brings value to the state, the state is willing to tolerate more noise, dust, and odors in the immediate community. 

If your state doesn't have a Right to Farm Act, your farm insurance policy may not provide coverage for related claims. Ask your independent insurance agent to review your coverage and local laws with you for more information.

6. Food and produce laws

If you're a farmer, you might sell produce directly to consumers or at local farmers' markets. Most states have laws that permit local farmers to sell their products at such entities, including contracts for items such as meat, jams, jellies, baked goods, eggs, milk, cosmetics, etc.

Your insurance policy must include coverage for spoilage, contamination, food poisoning, and other harm that it may cause to the consumer. Talk with your independent insurance agent to find out what coverages would pertain to you specifically.

7. Pesticide laws

If you're dealing with crops, you're also likely dealing with pesticides. Keeping pests from destroying your crops is key to making a livelihood from your produce. 

In most states, there are laws pertaining to chemical pesticides. Your state's specific guidelines can be discussed with your independent insurance agent to ensure you're following proper protocol.

You'll want to be sure your farm insurance policy includes pollution coverage for cleanups on and off the farm, as well as coverage for incidents that may occur during the transportation of any fertilizers, pesticides, etc.

8. Farm acts

There may be various farm acts mandated throughout your state that aid and benefit local farmers. For example, certain states have a Family Farm Act that helps keep the land in favor of the family farm and prevents the establishment of corporate commercial farms. 

Review your state's farm acts to be certain your farm is in compliance and avoids any agricultural legal issues. An independent insurance agent can assist you with farmers' legal guidance.

Workers' Compensation Requirements for Farms by State

In addition to needing commercial vehicle insurance for any tractors or other vehicles used by your farm on public roads in many states, you might also need workers' compensation insurance to protect your crew, depending on your location.

States that require coverage

Currently, only 13 states require farms to provide workers' compensation insurance coverage for agricultural workers, regardless of the number of employees they have. These states are:

If your farm is located in one of these states, work with an independent insurance agent to get set up with the right amount of workers' comp for your team. Workers' comp is also required for farm workers in Washington, D.C., Puerto Rico, and the U.S. Virgin Islands.

States that don't require coverage

There are 15 states that currently don't require farms to provide workers' comp coverage for seasonal, migrant, or farm/agricultural workers. These states are:

While you may not be legally required to provide workers' comp for your agricultural workers in these states, having coverage can still be a good idea to protect your farming operation. Talk to an independent insurance agent to determine if coverage makes sense for your unique farm.

States with specific coverage laws by farm worker classification

Other states limit workers' comp coverage requirements to the following types of farm workers:

• Full-time workers
• Workers employed in specialty jobs
• Workers employed on larger farms

Regardless of where your farm is located, be sure to review your state's local farm insurance laws and regulations for workers' compensation. If your farm fails to comply with local requirements, it could face steep fines and other penalties. An independent insurance agent can help you avoid this and get you equipped with the right coverage.

The Benefits of Working with an Independent Insurance Agent

Independent insurance agents have access to multiple insurance companies, ultimately finding you the best farm insurance coverage, accessibility, and competitive pricing while working for you. And as your farm grows and your needs change, they'll be there to help you adjust your coverage to make sure you're properly protected without overpaying. Your agent can also help you file farm insurance claims when the time comes.