What’s New - the Vermont Legal Food Hub
| Publication year | 2019 |
| Pages | 33 |
The Vermont Legal Food Hub: Supporting Vermont’s Agricultural Economy with Pro Bono Legal Assistance
By Sophia Kruszewski, Esq.
In January, Vermont Law School’s Center for Agriculture and Food Systems is launching Vermont’s first Legal Food Hub. This new pro bono legal assistance program will offer key support to our state’s farmers and food producers, while also opening new doors for legal professionals.
Why Vermont Needs a Legal Food Hub
Vermont prides itself on a vibrant local food culture and strong farm economy, and with good reason. Over 20 percent, or approximately 1.2 million acres, of Vermont’s landmass is in agriculture.[1] Home to 6,808 farms, Vermont leads the nation in maple syrup production[2] and ranks among the top 10 states for certified organic farms (in terms of both acreage and number of farms)[3] and for local food sales.[4] According to U.S. Department of Agriculture (USDA) data, sales from Vermont producers directly to consumers, retailers, institutions, and local distributors like food hubs totaled $250 million in 2016 alone.[5]
These trends are not accidental. In 2010, the Vermont legislature authorized the establishment of the Vermont Farm to Plate Investment Program and directed it to create a statewide food system strategic plan.[6] The plan aimed for 10% of all food purchases in the state to be local by 2020. A 2018 report found that Vermont had already exceeded that goal, with local food purchases totaling 12.9% (or $289 million) of total food purchases in 2017.[7] The same report found that, since 2010, Vermont’s food sector has seen the addition of 6,559 new jobs and the creation of 742 new businesses.[8]
These successes are worthy of recognition and celebration. However, agriculture is an economically risky industry, and Vermont’s food and farm community faces significant challenges. Farmers make substantial financial investments in their operations, yet returns are dependent on factors outside of their control, such as weather, natural disasters, and fluctuating local and global markets. This inherent vulnerability can have direct and often adverse effects on the income of many farmers. Moreover, farmers and food entrepreneurs face a variety of laws, regulations, and business challenges in establishing and maintaining viable businesses. At the same time, many beginning and small-scale farmers and food entrepreneurs often have trouble affording legal services.[9] The cost of legal services and the thin profit margins associated with farming compounds this problem. As a result, many farmers with businesses of the size and scale commonly found in Vermont may be reluctant or unable to obtain legal services.
Farms in Vermont are predominantly small, family farms.[10] The average Vermont farm is 175 acres, a two percent increase from the 2012 Census,[11] but still significantly smaller than the national average of 441 acres.[12] In Vermont, approximately 90 percent of farms meet the USDA definition of small (less than $250,000 in gross annual sales), and the vast majority of these are family farms.[13] In fact, of Vermont’s 6,808 farms, 72 percent bring in less than $25,000 in average annual sales; only 16 percent have $100,000 or more in sales.[14] While the average net cash farm income in Vermont increased modestly from $20,772 in 2012 to $26,215 in 2017, it remains well below the national average of $43,053.[15]
Although farm and food clients share much in common with other clients seeking business and legal advice, their distinctive characteristics present the legal community with new challenges and opportunities. Similarly, many small-scale farmers and food entrepreneurs may be unfamiliar with attorneys and the practice of law. Even when transactional legal counseling could significantly benefit farmers and their businesses, they often do not seek out such services. Farmers may not believe that attorneys understand their unique legal issues enough to be of service to them, or to be worth the investment.[16]
Through the Vermont Legal Food Hub, we hope to address some of these barriers and help bridge the gap between the agricultural and...
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