Download Boston Public Market Association

Ben Tettlebaum, Rhodes Fellow & Attorney, Farm & Food Initiative,
Conservation Law Foundation
Context for
Legal Services Food Hub
???
70%
of small
% businesses
in other industries
use legal services
???
10%
% farmers,
of surveyed
use legal services
Mission
To provide pro bono legal assistance to farmers, food
entrepreneurs, and related organizations in order to
foster a sustainable, resilient, and just food system.
Transactional Law Issues
• Transferring the family farm to the next generation
• Negotiating a livestock purchase agreement
• Helping a farmers’ market become an LLC
• Providing legal assistance to create an urban community garden
• Negotiating a joint venture arrangement with potential investors
• Advising on intellectual property, patents, and trademarks
Whom Do We Help?
The client must be one of the following:
• Farmer
• Food Entrepreneur
• Related Organization
Farmer
An individual, group of individuals, or enterprise
located in Maine that predominantly produces
agricultural products for sale to the public for food
for people.
Food Entrepreneur
An individual, group of individuals, or enterprise
located in Maine that processes, distributes,
aggregates, stores, or markets food or valueadded products.
Farm/Food Related
Organization
EITHER a nonprofit operating in Maine whose primary
purpose is to support Farmers or Food Entrepreneurs
OR a community group or association operating in Maine
whose mission is to address social justice issues related to
the food system.
Eligibility Criteria:
Income Cap
• The farm or food enterprise’s annual net income must not
exceed $30,000.
• The Farmer or Food Entrepreneur’s annual household
income must not exceed 400% of the Federal Poverty
Limit.
• Floor: Farmer or Food Entrepreneur revenue of $5,000 in
previous tax year OR just began farm or food business in the
last three years.
*** The gross sales requirement and household income cap do
not apply to Farm/Food Organizations.
Behind the Income Cap
• Modeled after the USDA’s Limited Resource Farmer
definition.
• The criteria are designed to capture lower-income
Farmers and Food Entrepreneurs.
• Not as restrictive as Federal legal services program
income criteria; modified to serve small businesses.
How It Works
Cases
Fay Mountain Farm
 Farmer runs a CSA of mostly fruits and veggies, and sells some produce
wholesale.
 Legal Needs: Leases the property from the Town of Charleton.
Encountered issues complying with the parameters of an Agricultural
Preservation Restriction on the land. The Hub matched the farmer with a
lawyer to represent him in his discussions/negotiations with Mass. Dep’t of
Ag. Resources and Town officials.
Cases
Boston Public Market Association
 Permanent, year-round market featuring fresh locally-sourced food.
Center. Keeps vendor rents to a minimum. The year‐one rent package
includes all facility services, marketing and advertising, and the ability to be
in a larger branded marketplace. Once open, the Boston Public Market will
be the only locally sourced market of its kind in the United States. All
products offered will either originate in New England or be produced here.
 Legal Needs: Needed assistance with their vendor leases and with their
own commercial lease with the Department of Transportation.
Cases
Nantucket Mushrooms, LLC
 Grows edible and medicinal mushrooms year round in South Chatham,
MA. Sell at farmers’ markets and wholesale to restaurants and
supermarkets, including Whole Foods. Holds educational courses to teach
others the process of growing mushrooms.
 Sought to merge with another LLC that would take care of the marketing
needs. Nantucket Mushrooms, LLC, needed an attorney to help review a
document and help negotiate a successful merger.
Cases
Southeastern Mass Livestock Association
(SEMALA)
 Nonprofit organization with a mission to increase local meat
consumption in southeastern Mass.
 Sought 501(c)(6) status and needed to speak with a lawyer to
make sure that it could funnel foundation funds through a fiscal
sponsor as a 501(c)(6).
Additional Components
• Collaboration
• Education: Workshops and
Trainings
 for lawyers
 for farmers
Massachusetts Pilot: June 2014
Launch in Maine: May 2015
Questions & Feedback