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Acknowledgements The Alabama Farmers Federation is proud to offer you a newly-revised printing of Ag Law and You. The first printing proved to be a widely used and welcomed reference for Alabama farmers. The production of an agriculture law book was requested by many in farming as a guide to help prevent them, as users, from violating the laws of the State of Alabama as they went about their daily course as farmers. The use of this book by persons in production agriculture, agri-business, academics, law enforcement and perhaps politics must certain- ly be done with the thought in mind that the document is not comprehensive in its application but is sufficient as a guide to steer its user in the proper direction. If you have legal ques- tions you should contact your attorney to fully discuss that particular legal situation. Ms. Kelly Segrest served as an intern with the Alabama Farmers Federation Department of Governmental Affairs and was the project coordinator for the revision. Kelly was assisted by Dr. William Hardy Jr., J.D., associate dean of the College of Agriculture at Auburn University and professor of Agriculture Law and Economics at Auburn University, and Paul Pinyan, J.D., assistant director of the Department of Governmental Affairs for the Alabama Farmers Federation. Freddie Patterson, director of Governmental Affairs outlined the mission to not only update the law book but also to make it more user friend- ly. I hope that the charts and the removal of some of the legalese make this a source of quick reference to legal ques- tions you may encounter on your farms. We join the farmers of Alabama in expressing a word of appreciation to the many state agencies including the Alabama Department of Public Safety, Alabama Department of Agriculture and Industries, Alabama Department of Environmental Management, Alabama Department of Industrial Relations, U.S. Department of Labor, and the Alabama Department of Revenue. It is the hope of everyone involved in this project that this can serve as an educational tool to help the agriculture community comply with the laws by referencing Ag Law and You. Jerry A. Newby, President Alabama Farmers Federation 1 Important Notice Your Guide to Using Ag Law and You: This handbook is intended to provide accurate and authorita- Frequently Asked Questions tive information with regard to the various subject matters covered in it. It is being provided by the Alabama Farmers Federation with the understanding that neither the Federation This book is outlined in major topics resulting from question- nor any of the persons involved in the preparation of this naires and inquiries received from active members of the handbook is hereby engaged in rendering legal, tax, accounting, Alabama Farmers Federation. They were as follows: agricul- or other professional services. If legal advice or other profes- tural labor, animal liability, environmental law, estate plan- sional assistance is required, the services of your attorney ning, licenses and sales taxes for sale of farm products, opera- should be sought. tion of vehicles and equipment, and property. A new section including questions pertaining to wildlife and hunting has At various points in this handbook, references and citations been added. are made to statutes, regulations, and governmental publica- tions. All quotations of and references to these materials are This book was originally a product of an idea at the annual believed to be current and reliable as of the date of publication, meeting of the Alabama Farmers Federation in Mobile in but these materials are also subject to change at any time. No December 1999, when the membership approved the following responsibility is assumed for editorial or clerical errors. resolution: "It is recommended that we publish a handbook to Updated information concerning statutes and regulations can help farmers stay abreast of current laws and regulations...but be obtained at a number of public websites and resources in not be limited to requirements for operating 'slow moving addition to those available at public libraries. Excellent basic vehicles'...a brief summary of livestock laws...regulations for sources for Alabama laws include Alabama.gov hauling oversized loads…child labor pertaining to farmers." (www.state.al.us), Alabama Legislative Information System This publication is an outgrowth of that resolution. (www.legislature.state.al.us) and Office of the Alabama Attorney General (www.ago.state.al.us). A huge collection of Selected agricultural law topics of greatest interest to farmers links to legal materials of all types for all states, including or legal questions that come up most often in the day-to-day Alabama, is contained in FindLaw (www.findlaw.com). operation of farms are listed herein. The questions are listed in eight chapters for a quick reference by general subject matter. Responses to these FAQs are contained within this handbook July 2005 and are referred to by question in the index. 2 3 TABLE OF CONTENTS Chapter One Agricultural Labor What type of liability insurance do I need on farm workers? 5 Chapter One: Agricultural Labor Under federal law, a farm labor contractor, agricultural 29 Chapter Two: Animal Liability employer, or agricultural association shall not transport any migrant or seasonal agricultural worker or his property in any vehicle the contractor, employer, or association owns, oper- 32 Chapter Three: Environmental Law ates, controls, or causes to be operated unless he has an insur- ance policy or liability bond in effect which insures against lia- 43 Chapter Four: Estate Planning bility for damage to persons or property arising from owner- ship, operation, or causing to be operated of such vehicle. 29 C.F.R. 500.120. 52 Chapter Five: Licenses and Sales Taxes for Sale of Farm Products While other types of insurance may not be required, farmers may want to consider the following insurance to limit their exposure to possible losses: 55 Chapter Six: Operation of Vehicles and Equipment Fire Insurance Group Life Insurance Liability Insurance 68 Chapter Seven: Property Business Life Insurance Automobile Insurance 72 Chapter Eight: Hunting and Wildlife Group Health Insurance Workers' Compensation Insurance Disability Insurance 82 Index Business Interruption Insurance Retirement Insurance 85 Appendix Crime Insurance Key Man Insurance Glass Insurance Marine and/or Inland Marine Insurance Rent Insurance Boiler and Machinery Insurance Employee Benefit Coverage Insurance Flood Insurance Aviation Insurance 4 5 Am I required to have workers' compensation insurance for While compensation law does not specifically address the issue farm workers? of whether logging is considered an agricultural activity, Section 810-3-14.03 entitled "Gross Income of Farmers" specif- Pursuant to Ala. Code §25-5-50 (a), employers of farm labor are ically provides that a taxpayer engaged in forestry or the grow- not required to carry workers' compensation insurance. ing of timber is not engaged in the business of farming. However, there is some inconsistency between state and feder- I farm and log. Can logging be classified as agricultural al laws. Thus, it would be prudent and advisable to obtain labor? additional information from the U.S. Department of Labor if you are engaged in logging. For the purposes of compensation law, the applicability of the farm-labor exemption does not depend on whether the employ- What is the H-2A Certification for Temporary or Seasonal er is primarily engaged in farming operations. Rather, it is the Agricultural Work and how do I comply? nature of the work the employee does that determines whether he or she should be considered a "farm laborer" for purposes of According to 20 CFR 655.100 - .199, the H-2A temporary agri- Ala. Code §25-5-50. Based on this analysis, the employee will cultural program establishes a means for agricultural employ- be considered a farm laborer only in cases where the employ- ers who anticipate a shortage of domestic workers to bring ment consists of traditional farming activities, such as raising nonimmigrant foreign workers to the U.S. to perform agricul- crops and tending to livestock, or where his or her work forms tural labor or services of a temporary or seasonal nature. Before an integral contribution to the farming operation. The test the U.S. Citizenship and Immigration Services (CIS) can excludes occupations that do not involve duties historically approve an employer's petition for such workers, the employer associated with farming even when those jobs are incidentally must file an application with the Department stating that related to the operation of the farm. The question may natural- there are not sufficient workers who are able, willing, quali- ly arise as to whether employees of businesses denominated as fied, and available and that the employment of aliens will not "farms"— catfish, poultry, and others — should be considered adversely affect the wages and working conditions of similarly farm laborers. Under the test proposed by the court in Patrick employed U.S. workers. The statute and Departmental regula- v. Miller, 440 So. 2d 1096 (Ala.Civ.App. 1983), these workers tions provide for numerous worker protections and employer should not be exempted from the act as their duties do not requirements with respect to wages and working conditions reflect traditional farming activities. Some examples of work- that do not apply to nonagricultural programs. The ers that fall within this exemption include a worker employed Department's Wage and Hour Division, Employment Standards to operate farm machinery for the purpose of picking crops; an Administration (ESA) has responsibility for enforcing provi- employee whose work activities include repairing fences, sions of worker contracts. cleaning out stalls, feeding livestock, and general farm labor; a worker involved in the production of nursery stock; and an "Temporary or seasonal nature" means employment per- employee engaged in milking cows, tending barns, driving formed at certain seasons of the year, usually in relation to the tractors, and plowing fields. An employee engaged to raise, production and/or harvesting of a crop, or for a limited time train, groom, and care for riding horses in a stable facility period of less than one year when an employer can show that located on land along with a small farming operation "might the need for the foreign workers(s) is truly temporary. qualify" for coverage, but the farm exemption may operate against him in the correct circumstances. 6 7 Qualifying Criteria employers in the same or similar crops and area to secure U.S. workers. This must be an effort independent of and in addition The following general categories of individuals or organiza- to the efforts of the State Workforce Agency (SWA). In estab- tions may file an application: lishing worker qualifications and/or job specifications, the employer must designate only those qualifications and specifi- • An agricultural employer who anticipates a shortage of U.S. cations which are essential to carrying out the job and which workers needed to perform agricultural labor or services of a are normally required by other employers who do not hire for- temporary or seasonal nature, may file an application eign workers. requesting temporary foreign agricultural labor certification. "Temporary or seasonal nature" means employment per- Wages: The wage or rate of pay must be the same for U.S. formed at certain seasons of the year, usually in relation to workers and H-2A workers. The hourly rate must also be at the production and/or harvesting of a crop, or for a limited least as high as the applicable Adverse Effect Wage Rate time period of less than one year when an employer can (AEWR), federal or state minimum wage, or the applicable pre- show that the need for the foreign worker(s) is truly tempo- vailing hourly wage rate, whichever is higher. The AEWR is rary. established every year by the Department of Labor for every • The employer may be an individual proprietorship, a partner- state except Alaska. Employers should consult with the SWA ship or a corporation. An association of agricultural produc- or the Department of Labor regional office to determine what ers may file as a sole employer, a joint employer with its the rate is for their state. members, or as an agent of its members. • An authorized agent, whether an individual (e.g., and attor- If a worker will be paid on a piece-rate basis, the worker must ney) or an entity (e.g., an association), may file an application be paid the prevailing piece-rate as determined by the SWA. If on behalf of an employer. Associations may file master appli- the piece rate does not result in average hourly piece-rate earn- cations on behalf of their members. ings during the pay period at least equal to the amount the worker would have earned had the worker been paid at the Many of the benefits that must be included in a job offer and hourly rate, then the workers' pay must be supplemented to other conditions that must be satisfied will be dependent upon the equivalent hourly level. The piece rate offered must be no what prevailing practices exist in the same occupation, crop less than what is prevailing in the area for the same crop and area. Employers are advised that it is desirable to make an and/or activity. independent determination of factors such as prevailing wages and employer practices before filing an application. Housing: The employer must provide free housing to all work- ers who are not reasonably able to return to their residences An employer who files an application for temporary foreign the same day. Such housing must be inspected and approved labor certification pursuant to H-2A regulations must meet the according to appropriate standards. Housing provided by the following specific conditions: employer shall meet the full set of DOL Occupational Safety and Health Administration (OSHA) standards set forth at 29 Recruitment: The employer must agree to engage in independ- CFR 1910.142 or the full set of standards at 654.404-645.417. ent positive recruitment of U.S. workers. This means an active Rental housing which meets local or state health and safety effort, including newspaper and radio advertising in areas of standards also may be provided. expected labor supply. Such recruitment must be at least equivalent to that conducted by non-H-2A agricultural 8 9 Meals: The employer must provide either three meals a day to Three-Fourths Guarantee: The employer must guarantee to each worker or furnish free and convenient cooking and offer each worker employment for at least three-fourths of the kitchen facilities for workers to prepare their own meals. If workdays in the work contract period and any extensions. If meals are provided, then the employer may charge each work- the employer affords less employment, then the employer er a certain amount per day for the three meals. must pay the amount which the worker would have earned had the worker been employed the guaranteed number of days. Transportation: The amount of transportation payment shall be no less (and shall not be required to be more) than the most Fifty Percent Rule: The employer must hire any qualified and economical and reasonable similar common carrier transporta- eligible U.S. worker who applies for a job until fifty percent tion charges for the distances involved. The employer is (50%) of the period of the work contract has elapsed. responsible for the following different types of transportation of workers: (1) After a worker has completed fifty percent of Labor Dispute: The employer must assure that the job oppor- the work contract period, the employer must reimburse the tunity for which H-2A certification is being requested is not worker for the cost of transportation and subsistence from the vacant because the former occupant is on strike or is being place of recruitment to the place of work if such costs were locked out in the course of a labor dispute. borne by the worker. (2) The employer must provide free trans- portation between the employer's housing and the work site Certification Fee: A fee will be charged to an employer granted for any worker who is provided housing. (3) Upon completion temporary foreign agricultural labor certification. The fee is of the work contract, the employer must pay economic costs $100, plus $10 for each job opportunity certified, up to a maxi- of a workers' subsistence and return transportation to the mum fee of $1,000 for each certification granted. place of recruitment. Special conditions apply when the work- er will not be returning to the place of recruitment because of Other Conditions: The employer must keep accurate records another job. If the employer must advance transportation costs with respect to a workers' earnings. The worker must be pro- to foreign workers or provide transportation, the employer vided with a complete statement of hours worked and related must advance such costs or provide transportation to U.S. earnings on each payday. The employer must pay the worker workers as well. In addition, if it is prevailing practice in the at least twice monthly or more frequently if it is the prevailing occupation to provide transportation, the employer must pro- practice to do so. The employer must provide a copy of a work vide transportation to U.S. workers, as well. contract or the job order to each worker. Workers' Compensation Insurance: The employer must pro- Process for Filing vide workers' compensation insurance where it is required by state law. Where state law does not require it, the employer When to Apply must provide equivalent insurance for all workers. Proof of An employer should observe the following time considerations insurance coverage must be provided to the regional adminis- when applying for H-2A certification: trator before certification is granted. • A complete labor certification application must be filed with Tools and Supplies: The employer must furnish at no cost to and received by the appropriate regional administrator and the worker all tools and supplies necessary to carry out the local SWA at least forty-five (45) calendar days before the work, unless it is common practice in the area and occupation first date on which workers are needed. If the initial applica- for the worker to provide certain items. tion is accepted or amended within the required time frame 10 11 and complies with the regulations, the regional administrator Certifications Granted will make a certification determination thirty (30) calendar If the regional administrator determines that the employer has days before the date on which the workers are needed. complied with the recruitment assurances, the adverse effect Delays in obtaining an acceptable application beyond the criteria, all time requirements and other appropriate require- time permitted in regulations will delay the certification ments established by law and regulation, then the regional determination. Employers are encouraged to file before the administrator will grant the temporary foreign agricultural minimum forty-five (45) calendar-day requirement. This labor certification for the number of job opportunities for allows more time for review, discussion, and amendment, if which it has been determined there are not sufficient U.S. necessary. workers available. After certification has been granted, the • Employers are encouraged to consult with the U.S. employer must continue to recruit U.S. workers until the H- Department of Labor, Employment and Training 2A workers have departed for the place of work. In addition, Administration regional office and SWA staff for guidance the SWA must continue to refer to the employer qualified and and assistance well before the forty-five (45) calendar day fil- eligible U.S. workers who are seeking employment and who ing period. apply up to fifty (50) percent of the contract period, and then • In emergency situations, the regional administrator may the employer must hire these U.S. workers. waive the time period specified, provided the regional admin- istrator has an opportunity to obtain sufficient labor market Violations, Penalties, and Sanctions information on an expedited basis in order to make a deter- The Wage and Hour Division of the Employment Standards mination of U.S. worker availability. None of the minimum Administration (ESA) of the U.S. Department of Labor has a conditions of employment (wages, housing, other benefits) primary role in investigating and enforcing the terms and con- are waived, however. ditions of employment. ESA is responsible for enforcing the contractual obligations employers have toward employees, and How To Apply may assess civil money penalties and recover unpaid wages. Applications may be filed using any of the methods below: Administrative proceedings and/or injunctive actions through federal courts may be instituted to compel compliance with an • Filed in person with the appropriate regional administrator employer's contractual obligations to employees. and local SWA; • Mailed to the appropriate regional administrator and local The Employment and Training Administration (ETA) enforces office of the SWA by certified mail, return receipt requested; other aspects of the laws and regulations. ETA is responsible or for administering sanctions relating to substantial violations of • Delivered by guaranteed commercial delivery to the appro- the regulations (denial of certification for up to three years) priate regional administrator and local office of the SWA. and less than substantial violations of the regulations (reduc- tions of one-fourth of job opportunities certified). Recruitment of U.S. Workers After an employer's application is accepted for consideration, the regional administrator will require the employer to inde- pendently engage in specific positive recruitment efforts with- in a multi-state region of traditional or expected labor supply if the regional administrator determines there is a sufficient sup- ply of labor to be recruited. 12 13 You may obtain additional information and forms at U.S. Department of Labor can complete the initial certifica- www.doleta.gov, or at: tion. However, the request for inspection must be made at least 45 days prior to the date on which the farmer wishes to Employment and Training Agency house migrant agricultural workers. A farmer may renew his U.S. Department of Labor Certificate of Housing Inspection by completing and returning Frances Perkins Building a Housing and Safety Checklist obtained from the Department 200 Constitution Avenue N.W. of Labor. The Alabama Department of Industrial Relations Washington, D.C. 20210 should also be consulted because that department administers 1-877-US 2 JOBS (872-5627) the inspection for the Department of Labor when temporary workers are being housed. What are the legalities of working immigrant laborers relative to ID cards and housing? What safety devices are required for employees operating farm equipment and machinery? With respect to ID cards, each employer must verify that each new employee is legally eligible to work in the United States. As authorized by the Occupational Safety and Health Act This includes completing the Immigration and Naturalization (OSHA), the U. S. Department of Labor has established specific Service (INS) Form I-9, Employment Eligibility Verification. duties for employers to furnish employees a place of employ- Employers must keep I-9s on file for at least the greater of ment free from recognized hazards that can cause death or are three years or one year after employment ends. likely to cause death or serious physical harm. Each employee also has a duty, under the law, to comply with standards, rules Even though federal law prohibits hiring undocumented aliens, and regulations issued by OSHA that apply to his or her own the Immigration Reform and Control Act of 1986 (IRCA) actions and conduct. makes it illegal to discriminate against a person because he is not a United States citizen or national. IRCA prohibits Every employer is subject to OSHA coverage, unless specifical- employers from discriminating against aliens who have been ly exempt, as authorized by U.S. Department of Labor regula- lawfully admitted to the United States for permanent or tem- tions. Coverage of agricultural employment is mitigated by porary residence as well as aliens who have applied for tempo- two exemptions: rary residence status. When verifying eligibility status, the employer cannot ask the employee to produce more than the • Members of the farm employer's immediate family are not INS Form I-9. In addition, the employer must honor docu- considered to be employees and are excluded from OSHA ments offered by the employee that appear to be genuine when coverage. the employer does not know to a certainty that the documents • Congress has usually attached riders to annual appropriation are false. bills for the U.S. Department of Labor that exclude workers in agricultural operations employing 10 or fewer workers (not With respect to housing, Title 29 U.S.C. §1823, entitled including family members) on any one day. Farmers should "Migrant and Seasonal Workers," provides that each person be aware, however, that this is a year-to-year exemption who owns or controls a facility or real property which is used granted by Congress. This exemption will not be granted if a as housing for migrant agricultural workers shall be responsi- "temporary labor camp" (housing for seasonal or temporary ble for obtaining a Certificate of Housing Inspection based on employment) has been maintained at any time in the past 12 compliance with applicable safety and health standards. The months. 14 15 OSHA regulations, rules, standards, and orders cover agricul- Alabama state laws also require employers, including agricul- tural employment that does not meet the criteria for either of tural employers, to provide safe working conditions for the two previous exemptions. employees. Moreover, they provide for employer liability when an employee is injured or killed by reason of defect in equip- In addition to other requirements, agricultural employers cov- ment or negligence on the part of the employer or any of his ered by the OSHA law must meet the following standards employees who were acting on orders, rules or instructions applicable to farm machinery and equipment: from the employer. Ala. Code §25-5-31 and 25-6-1. Farm labor- ers are not covered under Alabama Workers' Compensation • Safety requirements for slow-moving vehicles. law unless the agricultural employer elects to become subject • Roll-over protective structures for tractors used in agricultur- to the law. Ala. Code 25-5-50. Additional information on agri- al operations. cultural employer's responsibilities related to worker protec- • Safety devices for farm field equipment, including tractors, tion may be obtained from the following sources: farmstead equipment, and cotton gins. • Rules governing storage and handling of anhydrous ammo- Alabama Department of Industrial Relations nia. Room 543, Industrial Relations Building • Post notices informing employees of OSHA protections and 649 Monroe Street obligations and how to get copies of the OSHA act or speci- Montgomery, Alabama 36130 fied standard. Phone: (334) 242-8265 • Instruct employees, at the time of initial assignment, in the safe operation and servicing of all equipment with which the U. S. Department of Labor employee will be involved. Atlanta Federal Center • Agricultural employers who have logging operations must 61 Forsyth St. SW, Suite 6875 provide specific training and protective equipment, tools and Atlanta, GA 30303 equipment to employees. Phone: (404) 562-2080 OSHA provides intricate details on guards required for tractor U. S. Department of Labor power take-offs (PTO), gears, chains, pulleys, sprockets, shafts, ESA Office of Public Affairs augers and other moving parts of equipment that are sta- 200 Constitution Ave., NW tionery, tractor-drawn, or self-propelled if the equipment is Room S-3325 hazardous to employees (OSHA Regulations Standards-29, Washington, DC 20210 Guarding of Farm Field Equipment, Farmstead Equipment, and Phone: (202) 693-0023 Cotton Gins.- 1928.). U. S. Department of Labor Numerous other federal laws and regulations governing 1-800-4US-WAGE employee protection and working conditions may affect agri- Internet Address cultural employers who are not specifically exempt. A general http://www.dol.gov understanding of federal laws affecting agriculture may be obtained from a USDA publication, Summary of Federal Laws and Regulations Affecting Agricultural Employers, 2000 Agricultural Handbook No. 719, which can be ordered by dial- ing 1-800-999-6779. 16 17 Am I required to provide a restroom or hand-washing facility What DOL Posters am I required to place in my workplace? for my field laborers? The U.S. Department of Labor requires that employers give Regulations for minimum field sanitation standards are estab- their employees notice of certain laws and regulations by dis- lished under the Occupational Safety and Health Act (OSHA), playing readily observable posters in the workplace. Employers and they are enforced by the Wage and Hour Division of the must use official DOL posters that are available online. U.S. Department of Labor. In general, the field sanitation stan- Posting requirements vary by statute and not all employees are dards apply to any agricultural establishment employing 11 or required to post a specific notice. The DOL Poster Advisor more workers on any one day during the previous 12 months, helps employers determine which posters apply to their busi- to perform hand labor field work. This includes: hand-cultiva- ness and it allows the posters to be downloaded for free. The tion, hand-weeding, hand-planting, hand-harvesting of crops Poster Advisor can be found at such as vegetables, nuts, fruits, seedlings, and mushrooms, http://www.dol.gov/elaws/posters.htm. Some states also hand-packing of produce in the field into containers, and land- require posters to notify employees of state laws. Check with labor reforestation work. Hand labor does not include care or the State Department of Labor for information on state feeding of livestock or hand labor in permanent structures requirements. such as packing houses or other forestry operations such as logging. Alabama Department of Labor RSA Union, 6th Floor The following must be provided to meet minimum field sani- PO Box 303500 tation requirements for 11 or more workers on any one day Montgomery, AL 36130-3500 during the previous 12 months (Fact Sheet #51: Field 334-242-3460 Sanitation Standards under OSHA, U.S. Department of Labor). http://www.alalabor.state.al.us • Potable drinking water, suitably cool and in sufficient Do I have to withhold taxes for day labor working in a hay amounts, dispensed in single-use cups or a fountain, located field? in a place readily accessible to all employees. • One toilet and handwashing facility for every 20 employees Employment taxes fall into three separate categories: (1) feder- who work more than 3 hours each day, located within a al unemployment tax (FUTA), (2) Social Security and Medicare quarter-mile walk. Facilities must meet public health sanita- taxes (FICA), and (3) income tax. tion requirements. • Notification must be given to all employees of the location Eligibility test for FUTA: As a general test you are subject to of the facilities and employees must be given reasonable FUTA tax on the wages you pay employees who are not farm opportunities during the day to use them. workers or household workers if either of the following condi- tions is met: For more information on Field Sanitation Standards contact the U.S. Department of Labor, Wage and Hour Division at 1- • You paid wages of $1,500 or more in any calendar quarter in 800-4US-WAGE. 2004 or 2005. • You had one or more employees for at least some part of a day in any 20 or more different weeks in 2004 or 20 or more different weeks in 2005. 18 19 The farm worker test specifies you are subject to FUTA on the However, wages paid to these workers are used in considering wages you pay to farm workers if either of the following is the $2,500 or more test, for determining the employment tax met: coverage of other farm workers. • You paid cash wages of $20,000 or more to farm workers dur- A farmer may employ a crew leader who provides workers and ing any calendar quarter in 2004 or 2005. pays their wages for the agricultural services performed. If • You employed 10 or more farm workers during at least some there is no written agreement specifying that the crew leader part of a day (whether or not at the same time) during any 20 is the farmer's employee, and if the crew leader pays the farm or more different weeks in 2004 or 20 or more different workers on his or her own behalf or on behalf of the farmer, weeks in 2005. then the crew leader is the employer. As such, he is responsi- ble for withholding and paying the employment taxes on the Eligibility test for Social Security, Medicare taxes, and income workers' wages. taxes: Social Security taxes, Medicare taxes, and income tax withholding apply to all cash wages paid to employees for farm Tax rates and Social Security wage limit: For 2000, the work. A farmer is liable for these employment taxes if there is employer and the employee will continue to pay: one or more agricultural employees—including a spouse, par- ents, or children age 18 or over—and if one of the following • 6.2% each for social security tax (old-age, survivors, and dis- conditions is met: ability insurance). • 1.45% each for Medicare tax (hospital insurance). • The farmer has paid the employee $150 or more in cash wages during the calendar year. What is the minimum age for agricultural workers? • The farmer has paid at least $2,500 in total wages for all farm labor during the year. Alabama and federal child labor laws place certain restrictions on employees less than 18 years of age, but there appears to be There is an exception to the above conditions. Wages paid to a inconsistency between state and federal laws. Thus, it would seasonal farm worker who receives less than $150 in annual be prudent and advisable to consult both federal and state laws cash wages are not subject to employment taxes, even if the before employing persons less than 18 years of age. farmer-employer pays $2,500 or more in that year to all farm workers, if the farm worker: Federal minimum age standards: Minors, 16 years or older, may perform any job, whether declared hazardous or not, for • Is employed as a hand-harvest laborer (for example, fruit and unlimited hours outside of school hours. Minors who are 14 vegetable pickers). and 15 years old may be employed, outside school hours, in • Is paid by the piece in an operation that is usually paid on a any agricultural occupation not declared hazardous by the U.S. piece-rate basis in the region of employment. Secretary of Labor. Minors, 12 and 13 years old, may be • Commutes daily from his or her home to the farm. employed with written parental consent on farms where their • Was employed in agriculture less than 13 weeks in the pre- parent or guardian is also employed. ceding calendar year. Children of farm owners or operators may be employed by the parents at any time and in any occupation on a farm owned or operated by their parents. 29 C.F.R 570.2 and 29 C.F.R. 570.70 20 21 Minors under age 12 may be employed with written parental Minors employed in agriculture are not exempt from working consent on farms where employees are exempt from federal in any of the 15 occupations or workplaces prohibited to per- minimum wage requirements. sons under 16. Ala. Code §25-8-35. Alabama child labor law restrictions: No person under 18 years In addition to the specifically prohibited occupations or work- of age shall be permitted to work in any place or occupation places for persons under 18 years of age, the Department of which the Alabama Department of Industrial Relations may Industrial Relations can declare any occupation or workplace declare dangerous to life or limb or injurious to the health or dangerous and prohibit employment of persons under 18 years morals of persons under 18. There are 25 specifically prohibit- of age. Ala. Code §25-8-34. ed occupations. Of these, the following may be related to agri- culture: No person under 16 years of age shall be employed, permitted, or suffered to work in any gainful occupation during the hours • Operating or driving any truck or heavy equipment over in which the public schools of the district in which the person three tons gross weight. resides are in session, unless the minor has completed the • Engaged in logging or around any sawmill. course of study required for secondary schools. Persons 14 or • Operating or assisting in operation of any power-driven 15 years of age, when school attendance has been waived, may, hoisting apparatus. upon recommendation of the superintendent of education in • Assembling, adjusting, cleaning, oiling or servicing machin- the area and approval by a child labor inspector, be issued a ery in motion. work permit for nonhazardous occupations. Employment • Manufacturing or transporting of toxic chemicals or com- authorized by this section shall not be for more than eight pounds. hours in any one day, or for more than 40 hours in any one • In, about, or in connection with pesticides. week, and not before 7:00 a.m. or after 9:00 p.m. Ala. Code §25-8-37. Minors employed in agriculture are not exempt from any of 25 specifically prohibited occupations for persons under 18 years Persons 16 and 17 years old who are enrolled in a private or of age. Ala. Code §25-8-43. Persons under 16 years of age are public school are not permitted to work between 10:00 p.m. prohibited from working in any place or occupation which the and 5:00 a.m. on any night preceding a school day, except in Alabama Department of Industrial Relations declares to be cases where the superintendent or headmaster grants an dangerous to life or limb or injurious to the health or morals of exemption. Ala. Code §25-8-36. persons under 16. Of the 15 specifically prohibited occupations or workplaces, the following may be related to agriculture: What is the minimum wage that must be paid for agricultural labor? • Operating or assisting in operating any machines used in picking cotton or any other material. Alabama law does not provide for a minimum wage, but the • Proximity to any hazardous or unguarded gearing. Fair Labor Standards Act (FLSA), a Federal law, requires every • Occupations causing dust in injurious quantities. employer (unless specifically exempt) to pay each employee • Soldering, brazing, heat treating or welding. $5.15 per hour for up to 40 hours per week and an hourly wage • Operating any automobile, truck or motor vehicle. rate at not less than one and one-half times the employee's regular pay rate for hours worked in excess of 40 hours per work week. FLSA established a sub-minimum wage rate of 22 23 $4.25 for employees under 20 years old during their first 90 Lawful Unlawful consecutive days of employment. This would include migrant Subject questions questions and seasonal farm workers and non-immigrant agricultural workers performing temporary or seasonal work, if they are Birthplace of under 20 years of age. applicant. FLSA provides exemptions from the minimum wage and over- Birthplace of applicant's time provisions of the act for agricultural employers (1) who parents, spouse or other did not use more than 500 man-days of agricultural labor dur- Birthplace -None- relatives. ing any calendar quarter of the preceding calendar year; (2) whose employees are primarily engaged in the range produc- Requirements that appli- tion of livestock; (3) whose employees are members of the cant submit birth certifi- employer's immediate family; (4) whose employees are hand- cate, naturalization or harvest laborers paid on a piece-rate basis and commuted daily baptismal record. from their homes and were not employed more than 13 weeks in the preceding calendar year; and (5) whose employees are 16 Are you 18 years old or years of age or younger and paid on a piece-rate basis and older? This question employed on the same farm as their parent or guardian (29 may be asked only for How old are you? What Code of Federal Regulations 780.300). Age the purpose of determin- is your date of birth? ing whether applicants In hiring new employees, what questions can I ask about are of legal age for health, criminal record, and similar things? employment. Listed below are the lawful questions you may ask and Inquiry into an appli- unlawful questions to avoid. cant's religious denomi- Religion or nation, religious affilia- -None- Lawful Unlawful Creed tions, church, parish, pas- Subject questions questions tor, or religious holidays Applicant's full name observed. Original name of an Have you ever worked applicant whose name Name Complexion or color of for this company under a has been changed by Race or Color -None- different name? court order or otherwise. skin. Is any additional infor- Any requirement for a mation relative to a dif- Photograph -None- Applicant's maiden photograph prior to hire. ferent name necessary to name check work record? If Inquiry regarding appli- yes, explain. Height -None- cant's height. Address or How long have you been Duration of a resident of this state or Inquiry regarding appli- Weight -None- Residence city? cant's weight. 24 25 Questions for Potential New Employees (continued): Lawful Unlawful Subject questions questions Lawful Unlawful Subject questions questions Questions below are Are you a citizen of the unlawful unless asked as United States? part of the federal I-9 process. Requirement that an applicant provide any If not a citizen of the information regarding United States, does appli- Of what country are you marital status or chil- cant intend to become a Marital Is your spouse employed a citizen? dren. Are you single or citizen of the United Status by this employer? States? married? Do you have any children? Is your spouse employed? What If you are not a United is your spouse's name? States citizen, have you Whether an applicant is the legal right to remain naturalized or a native- Citizenship permanently in the born citizen; the date Mr., Miss or Mrs. or an United States? Do you when the applicant inquiry regarding gender. intend to remain perma- acquired citizenship. Inquiry as to the ability nently in the United to reproduce or advocacy States? Gender -None- of any form of birth con- trol. Requirement that Requirement that an women be given pelvic To avoid discrimination applicant produce natu- examinations. based on national origin, ralization papers or first the questions above papers. should be asked after the individual has been hired Inquiry into how appli- even if it is related to the cant acquired ability to Inquiries regarding an read, write or speak a for- federal I-9 process. individual's physical or eign language. mental condition which are not directly related to the requirements of a Inquiry into applicant's specific job and which lineage; ancestry; nation- Disability -None- al origin; descent; parent- are used as a factor in making employment Inquiry into language age, or nationality unless National part of the federal I-9 decisions in a way which applicant speaks and Origin process in determining is contrary to the provi- writes fluently. sions or purposes of the employment eligibility. Civil Rights Act. Nationality of applicant's parents or spouse. 26 27 Questions for Potential New Employees (continued): Subject Lawful Unlawful Chapter Two questions questions Inquiry into how appli- Animal Liability Inquiry into language National cant acquired ability to applicant speaks and What is my liability for my livestock that stray into a public Origin read, write or speak a for- writes fluently. eign language. road and cause an accident? Inquiry into the academ- ic, vocational or profes- The owner of any stock or animal shall not be liable for any Education sional education of an damages to any motor vehicle or any occupant of a vehicle applicant and public and caused by or resulting from a collision with such stock or ani- private schools attended. mal, unless it can be proved that the owner knowingly or will- Inquiry into work experi- fully put or placed such stock or animal upon the public high- ence. way, road, or street where such damage occurred. Although Experience Alabama law provides some protection from liability related to Inquiries into countries applicant has visited. damages to motor vehicles and occupants, the owner of live- stock can be liable for knowingly or negligently permitting his Have you ever been con- Inquiry regarding arrests livestock to go at large and cause damages. The owner of such victed of a crime? which did not result in animals judged to be liable for damages to crops, trees, and Arrests conviction. (Except for Are there felony charges law enforcement agen- shrubs creates a lien superior to all other liens on the livestock pending against you? cies.) causing the damage. Ala. Code §3-5-2 and 3-5-3. If any damage is done by an animal breaking into lands not enclosed by a Address of any relative of lawful fence, as defined by state law, the owner of such animal applicant, other than address (within the is not liable. Ala. Code §3-4-6. Names of applicant's rel- United States) of appli- Relatives atives already employed What kind of fences am I required to have to prevent my cant's father and mother, by this company. livestock from straying on to public roads or other people's husband or wife and minor dependent chil- property? dren. Name and address of State law requires that all fences must be at least five feet Notice in Name and address of per- high, unless otherwise provided by law. Ala. Code §3-4-1. nearest relative to be Case of son to be notified in case notified in case of acci- However, the law provides for several other legal fences as fol- Emergency of accident or emergency. dent or emergency. lows: Inquiry into the organiza- tions of which an appli- • A rail fence five feet high, with rails not more than 18 inches cant is a member, exclud- apart, is a lawful fence for horses, mules, and cattle. Ala. ing organizations the List all clubs, societies Code §3-4-2. Organizations name or character of and lodges to which you which indicates the race, belong. color, religion, national origin or ancestry of its members. 28 29 • A fence of three or more wires fastened to posts or trees not What is my liability if my dog bites someone else? more than eight feet apart with the wires being not more than 15 inches apart and the top wire at least four feet from When any person owns or keeps a vicious or dangerous animal the ground is a lawful fence for horses, mules, and cattle. of any kind and, as a result of his careless management of the Ala. Code §3-4-3. animal or his allowing the animal to go at liberty, another per- • A fence made of seven or more wires securely fastened to son, without fault on his part, is injured, the owner or keeper trees or posts not more than eight feet apart, the first four of the dog shall be liable for such injury. Ala. Code §3-1-3. wires being of four-inch barb and not over four inches apart, In addition, if any dog, without provocation, bites or injures commencing with the first wire four inches from the ground, any person who is at a place where he has the legal right to be, the fifth wire not over six inches from the fourth, the sixth the owner or keeper of the dog shall be liable to the person wire not over eight inches from the fifth, and the seventh who was bitten or injured. Ala. Code §3-6-1. The owner or wire 15 inches from the sixth, shall be a lawful fence against keeper of the dog shall be entitled to plead and prove in miti- all stock. Ala. Code §3-4-4. gation of damages that he had no knowledge of any circum- • A standard woven wire fence with 10 line wires and stay stances indicating that the dog was vicious, dangerous, or mis- wires not over 12 inches apart and 47 inches high, the bot- chievous. If he does so, his liability will be only to the extent tom wire resting on the ground, the line wires, beginning at of the actual expenses incurred by the person who was bitten the bottom, spaced not more than three to three and a half, or injured. Ala. Code §3-6-3. four to four and a half, five to five and a half, six, seven, and eight inches apart is a lawful fence against all livestock. Ala. What liability is associated with injuries resulting from Code §3-4-5. equine activities? • A standard woven wire fence with stay wires not over 12 inches apart not less than 36 inches high, the bottom wire Under Alabama law, an equine activity sponsor or equine pro- resting on the ground, the first eight wires beginning at the fessional is not liable for an injury or death of a participant in bottom, spaced not more than three to three and a half, four equine activities resulting from the inherent risks of equine to four and a half, five to five and a half, and six inches apart, activities, pursuant to the Equine Activities Liability with two wires being of not more than four-inch barb, spaced Protection Act. The act requires every equine professional and so as to make the fence 48 inches high and securely fastened every equine activity sponsor to post and maintain signs to trees or posts not more than 10 feet apart, is a lawful fence which contain a specific warning notice. Ala. Code §6-5-337. against all livestock. Ala. Code §3-4-5. What is my liability if my dog kills someone else's livestock? Any person who keeps a dog that has been known to kill live- stock shall be liable for double the value of all stock killed or injured by such dog. In addition, such dogs may be treated as a common nuisance by Alabama law and, as such, may be justi- fiably killed by the owner of the livestock. Ala. Code §3-1-1. 30 31 Chapter Three late the amount of pollutants that a body of water can assimi- late without causing water quality standards to be breached, Environmental Law and they include both point and nonpoint sources of pollution. States must submit their TMDLs to the EPA for approval. What are the environmental regulations regarding timber Once the EPA approves a maximum load for a body of water, cutting near streams? the state will implement the regulation through use of regula- tory actions, such as issuance of permits, and through non-reg- Alabama does not have any general law concerning timber cut- ulatory actions, such as implementation of Best Management ting. However, in Mobile County BMP's are required for Practices and habitat reservations. In Alabama, the TMDL forestry and agriculture on any land within the J. B. Converse program is administered by the Alabama Department of Lake Watershed Area. All new and existing point-source dis- Environmental Management (ADEM). A list of the water bod- charges shall be subject to the highest statutory and regulatory ies in the state with EPA approved TMDLs can be found at requirements, and nonpoint source discharges shall use man- http://www.adem.state.al.us/WaterDivision/WQuality/TMDL/ agement practices adequate to protect water quality consistent ApprovedTMDLs04.htm. with ADEM's best management practices and nonpoint source control program. Do I have to report the amount of water that I use in irrigation when it is pumped out of river or stream? The Alabama Forestry Commission accepts the responsibility to maintain and update Alabama's Best Management Practices All producers who are diverting any waters of the state or have (BMP's) for forestry. The Alabama Department of the capacity to withdraw at least 100,000 gallons of water a Environmental Management is the regulator and enforcement day from of surface and/or ground water and all public water agency. system must register their use with the Office of Water Resources, a division of the Alabama Department of Alabama's BMP's are non-regulatory guidelines and more infor- Economics and Community Affairs. A declaration of beneficial mation can be obtained from the Alabama Forestry use must be filed for each withdrawal facility. Information on Commission at (334) 240-9348. the Beneficial Use program and forms for registration can be found on the ADECA website under the Office of Water The U.S. Army Corps of Engineers require BMP's on roads and Resources section at www.adeca.alabama.gov. If the declara- steam crossings within wetlands and other waters of the tion of use is deemed complete, the Office of Water Resources United States. The U.S. Army Corps of Engineers baseline has 90 days to issue a certificate of use. It is important to reg- BMP's can be found in Section 404, Corps of Engineers Permit ister your water use so that, in the event that the regulation of Requirements, 40 CFR Part 233.22. water diversion becomes necessary, your use of the water is on file. What are TMDLs? Should I be concerned about a discharge from my catfish Section 303(d) of the Clean Water Act requires states to identi- pond? fy surface waters that do not meet certain water quality stan- dards. Once such waters have been identified, states must Fish excrete ammonia and a lesser amount of urea into the establish total maximum daily loads (TMDLs) that will meet water as wastes. ADEM only regulates state waters--all waters the required water quality standards. TMDLs are used to regu- of any river, stream, watercourse, pond, lake, coastal, or sur- 32 33 face water, wholly or partially within the state, natural or arti- Farmers generally obtain a Private Applicator Permit which ficial. This does not include waters that are entirely confined authorizes them to purchase and apply restricted-use pesti- and retained completely upon the property of a single individ- cides on lands that they farm (owned or rented) and to directly ual, partnership or corporation unless such waters are used in supervise the application of restricted-use pesticides by their interstate commerce. ADEM Chapter 335-6-10-02(10). competent employees (Alabama Administrative Code 80-1- Typically, state waters are represented by a blue line on a 13.12). USGS quadrangle map at the scale of 1:24,000. Applicants for a Private Applicator Permit should obtain an Currently, no permits are required with regard to catfish farm application from a County Cooperative Extension Agent desig- discharge. However, if the discharge is found to cause a decline nated by the Commissioner of Agriculture and Industries to in the water quality in, for example, a downstream pond, then provide pesticide use training. The designated agent shall pro- the catfish farm will be held accountable. Typically, when vide the required training to include study materials. The ADEM receives a complaint concerning a discharge, it will applicant will take a test, complete an application, pay a $15 investigate and, if necessary, take action. fee and the designated agent will certify the training. The Department of Agriculture will issue the Restricted-Use What permits are required for application of pesticides and Pesticide Applicator Permit (Alabama Administrative Code 80- herbicides? 1-13-.09). Before any person is legally eligible to purchase and use a Applicants for the Commercial Applicator Permit must take restricted-use pesticide, he must meet certain requirements of and pass a written examination, given and graded by the the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Examining Board, created by the Commissioner of Agriculture and obtain a pesticide-use permit from the Alabama under the authority of Ala. Code §2-28-2. Commissioner of Agriculture and Industries. Prior to issuing a pesticide-use permit, the commissioner is authorized to use The written examination will be based on problems and situa- education and testing to determine whether: (1) the user or tions appropriate to the particular category or subcategory of applicator can use and apply restricted-use pesticides in a man- the applicator's certification. The comprehensive examination ner that will not endanger or be injurious to human health, will measure the applicant's knowledge, understanding, and animals, wildlife, vegetation, crops, and water or be detrimen- use of pesticides (Alabama Administrative Code 80-1-13-.08). tal to the environment; and (2) the user is familiar with safe storage, handling, use, applications, and disposal of restricted- Can I be sued for damages caused by chemical drift? use pesticides and pesticide containers so as to avoid haz- ardous effects of improper use, handling, or application of If you intentionally or negligently cause the chemical drift, restricted-use pesticides. Ala. Code §2-27-11. you may be liable. Negligence can be found if you do not fol- low printed instructions, applicable best management prac- Pesticide use permits are divided into two general classes, tices, and similar precautions. Private Applicator Permit and Commercial Applicator Permit. Commercial Applicator Permits are divided into five types as follows: custom, custodial, governmental, resident, consultant (Alabama Administrative Code 80-1-13-.06). 34 35 What is the legally correct way to dispose of empty chemical What is the legally correct way to dispose of used tires, motor containers? oil, and petroleum products? It is illegal to dispose of any pesticide container in a manner as In 2003, the Alabama legislature enacted the Alabama Scrap to cause direct injury or damage to humans, animals, wildlife, Tire Environmental Act to regulate the disposal of scrap tires. or property or to pollute any water in a manner harmful to The Scrap Tire Program went into effect in August 2004 and is wildlife or other things. The Commissioner of Agriculture is administered by ADEM. Under the Act, a $1.00 per tire fee is authorized to make rules and regulations governing the dis- to be collected from consumers by tire dealers on all new, carding and handling of pesticides and pesticide containers. used, and retread tire sales in order to fund the Scrap Tire Ala. Code §2-27-59. The rules for disposal of excess pesticides Program. All receivers, transporters, and processors of scrap and empty pesticide containers are explained in the Private tires are regulated through the program and must register with Pesticide Applicator Study manual provided by the Alabama ADEM, and illegal-dumping sites will be inspected and cleaned Cooperative Extension System. up. If you are a landowner and have more than 100 tires accu- mulated on your land, you must register with the Scrap Tire Disposal of excess pesticides is best handled by careful plan- Program and contact ADEM for requirements for removing the ning to avoid surplus. If it is possible and legal, apply all of the tires. Information, forms, and regulations on the Scrap Tire pesticides according to label directions. If a surplus is unavoid- Program can be found at able, pesticides that are in the original container may be http://www.adem.state.al.us/LandDivision/ScrapTire/scrap_tire.htm. returned to the manufacturer. If it is not possible to dispose of surplus pesticides promptly, store them according to label For more information on scrap tire disposal contact ADEM: directions. Alabama Department of Environmental Management Disposal of empty pesticide containers should comply with Solid Waste Branch label directions as well as state and federal regulations. P. O. Box 301463 Regardless of the method of disposal, all empty pesticide con- Montgomery, AL 36130-1463 tainers, other than paper bags, must be triple rinsed or pressure Telephone 334-271-7988 rinsed prior to disposal. Some empty pesticide containers may Fax 334-279-3050 be returned to the pesticide dealer, but containers that have e-mail: email@example.com been properly rinsed are considered to be solid waste that can be disposed of in a sanitary landfill. Each pesticide label will Solid waste disposal is generally regulated by the county com- have disposal instructions. mission through a public system or a contract with a private waste management company approved by ADEM and the More information on disposal of pesticides may be obtained county and state health departments. Unless granted a certifi- from the Alabama Department of Environmental Management cate of exception, every person, household, business, industry, (ADEM) at (334) 271-7984. or property owner is required to participate in the system. Provided that it is done according to a certificate of exception, any person, household, business, industry, or property owner may store, haul, and dispose of their own solid wastes on their own land. To obtain a certificate of exception, an application, an application fee, and a solid waste disposal plan must be 36 37 filed with (1) the County Health Officer in the case of house- Alabama Department of Agriculture and Industries regulations hold solid waste or (2) ADEM in the case of solid waste from require (1) that all animals that die from disease be burned or business or industry. The solid waste plan must set out the buried and, when buried, covered with no less than four feet of proposed method of storing, hauling, and disposing of solid dirt or cooked in a pressure rendering tank at a temperature waste so as to comply with regulations adopted by the State or not lower than 220 degrees Fahrenheit for not less than four County Boards of Health or ADEM, as appropriate, and not hours and (2) that no dead animals be permitted to remain in create a public nuisance or hazard to public health. Ala. Code the barn, lot, yard, or anywhere on the farm longer than 24 §22-7-3. hours after death before disposing of the carcass. Rendering plants that haul dead animals must use trucks with steel or The U.S. Department of Environmental Management (EPA) other impervious material bodies (Alabama Administrative regulates the use, disposal, and recycling of used motor oil but Code 80-3-6-.27). delegates enforcement of such regulations to ADEM. Used motor oil is considered to be a solid waste that may or may What responsibilities do I have as a landowner for wetlands not be hazardous. Any person, business, or industry that gener- created by beavers after timber was cut? ates used motor oil is classified as a used oil generator. However, farmers who generate an average of 25 gallons or less Once any of your property has been officially designated as of used motor oil per month are specifically exempt from regu- "wetlands," you are prevented from doing anything to harm lations applicable to used motor oil generators. In determining the property's designation as a wetlands. An unintentional vio- the 25 gallons per month exemption, a farmer could generate lation could result in your having to restore the land back to up to 300 (25 X 12) gallons per year and meet the requirement its wetlands status. An intentional violation could result in for exemption. Farmers who generate more than an average of your having to pay a fine or even imprisonment. Anyone, not 25 gallons per month are classified as used oil generators. As just the landowner, can request the Army Corps of Engineers such, they are required to transport or have transported by a to evaluate a site for wetlands determination. This evaluation used oil collector approved by ADEM and displaying an EPA will either be an onsite or offsite inspection depending on identification number to an ADEM approved used oil collec- whether the Army Corps of Engineers has the necessary infor- tion center or recycling center. Used oil must be stored in safe, mation to complete the evaluation. A wetlands classification closed containers; all spills must be cleaned up with cleaning determination, however, is only good for 5 years. supplies properly disposed of. Used oil generators are also per- mitted to use used motor oil as a fuel in heating devices. To When buying any piece of land, you should secure an environ- obtain more information on the handling and disposal of used mental survey of the property to uncover previously unknown motor oil, one may contact ADEM by calling (334) 271-7743. environmental hazards and wetlands status. Such a survey can serve to limit your potential liability from exposure to such Is there a state law for disposal of large animals killed by dis- hazards or responsibilities. ease or accident? What should I know about AFO or CAFO registration Dead animals are considered to be a solid waste and must be requirements? disposed of in accordance with ADEM and Health Department regulations. Ala. Code §22-27-3. Subject to a fine of $500, it is Since April 1, 1999, under the National Pollutant Discharge unlawful for any person knowingly to deposit any dead animal Elimination System (NPDES) rules the Alabama Department in any water supply for humans or in any running stream. The of Environmental Management has required that livestock 38 39 feeding operations obtain required permits and control the dis- cation (CE) credits in waste management or other approved charge of pollutants. topics. Registration is required in any of the following three cate- Your local Soil and Water Conservation District (SWCD) office gories: is the official registration point. Every SWCD office has the NOR form and should be the first place to contact. You should • A concentrated animal feeding operation (CAFO) as defined also check with your county Extension office for assistance by the rule (simplified), a CAFO is an AFO with more than obtaining continuing education credit or with educational the following number(s) and type(s) of animals: 1,000 con- information. (PubID: ANR-1175: Ted Tyson/AFO-CAFO fined slaughter or feeder cattle; 700 mature dairy cattle Registration Requirements: Your ?'s Answered). (milked or dry); 2,500 swine (approximate weight at least 55 pounds each); 500 horses; 10,000 sheep or lambs; 55,000 To qualify for registration, a Qualified Credentialed turkeys; 125,000 laying hens, broilers, or other poultry; 5,000 Professional (QCP) must certify the WMSP. It is not a simple ducks or 1,000 animal units of any other type/size animal as do-it-yourself project. The WMSP must meet or exceed stan- determined by ADEM. dards set by NRCS. QCPs recognized by ADEM include • Any animal feeding operation (AFO) that has been designated Alabama Professional Engineers (PEs) experienced in animal as a CAFO not by definition but due to a point source (end- waste management and (for nutrient management plans only) of-pipe) or nonpoint source (field runoff) discharge of pollu- Certified Crop Advisors (CCAs). tants after April 1, 1999 • Any AFO not meeting or exceeding Natural Resources What kind of information will I be asked to register my farm Conservation Service (NRCS) technical standards and guide- as a CAFO? lines. • Ownership, organizational structure, operator, and persons Currently, there are no fees associated with the registration responsible for handling the waste. application but the department has the authority to implement • Violation history and any other permits or authorizations fees if the legislature does not continue to provide adequate associated with the operation. funding for the CAFO program. • Specifics on number and type of animals, structures, and waste management plans and procedures, including attaching Registration is an annual application that must be approved a 7.5-minute USGS map (or equivalent) showing not only the before a facility can legally begin construction or operation or AFO but surrounding potential receiving waters. continue operation. To comply with the main registration • Listing of all registrant-owned, -leased, or -controlled land requirements, you must: application sites, including the latest dates and results of soil testing for each such field. Important: Note that an AFO (or • Complete a detailed Notice of Registration (NOR) with the CAFO) can be held responsible as a source of pollution not assistance of the Soil and Water Conservation District only at the AFO site but also when waste is transported for (SWCD) office. land application elsewhere. • Develop and file a comprehensive Waste Management • Additional information (if available) that will assist timely System Plan (WMSP) certified by a Qualified Credentialed review and registration approval, such as: (1) the WMSP; (2) a Professional (QCP). detailed facility map or drawing; (3) a soil map, flood map, or • Provide proof of a certain number of annual continuing edu- other maps; (4) aerial photographs; (5) a list or maps of offsite 40 41 land application areas; (6) buffer distance documentation; (7) Chapter Four copies of soil tests; (8) copies of waste/wastewater analyses; (9) copies of continuing education certificates/attendance; Estate Planning and (10) inspection records. Do I have to have a will? What do I need to know about Continuing Education credits for CAFO's? A will is a legal document that controls the way your property is divided after your death. You are not required by law to have You do not have to have the CE's prior to new registration but a will. However, to ensure that all your property is passed to are allowed continuing education credits to be certified within your heirs in the way you desire, your will should include both the first 12 months of operation. Generally, managing owners, your real property and your personal property. Real property is operators, and onsite supervisors are required to attend annual immovable property consisting of such things as land, and continuing education sessions totaling up to 16 hours of including things that are fixed, incidental, or appurtenant to approved group or individualized training in the first year and the land, such as houses, minerals, fixtures, and fences. up to 8 hours of refresher training in subsequent years. Personal property is property that is considered movable, such as cars, animals, and furniture. Intangible property such as If you don't satisfy the CE requirements, you must pay an bank accounts, stocks, and bonds are also considered personal additional Greenfield fee of $500. Also, in this situation property. Wills also allow you to make arrangements to cover ADEM will prioritize your facility for regular comprehensive any legal requirements, debt payments, taxes and funeral and thorough inspection and evaluation of the operation. The expenses, and the naming of executors and guardians, which Greenfield fee supports ADEM's registration approval and prevents those burdens from falling on your heirs. When it assurance effort. comes to the distribution of land, a will is especially important as it can clearly establish the chain of title and can save on a number of costs that your heirs would otherwise incur. Wills can be written without an attorney; however some estates can be extremely complicated, and a formally drawn will with the expertise of a lawyer can be significantly beneficial. What happens if I don't have a will? Any part of a decedent's estate, both real and personal proper- ty, that is not effectively disposed of by his or her will passes to one's heirs as outlined by Chapter 8 of Ala.Code Title 43. This could be significantly different from the way you would want your property distributed, and could result in greater cost in taxes to your heirs. The disposition of property through intestate succession is as follows (next page): 42 43 • Spouse's share: Isn't joint ownership a good way to avoid probate? - If there are no surviving children or parents, spouse inherits entire estate. Property held jointly with right of survivorship-such as is usu- - If there are surviving parents, but no surviving children, the ally the case with joint bank accounts and is often the case spouse inherits the first $100,000 and one-half of the with respect to residential real property where the deed is to remaining balance of the estate. husband and wife-can be an appropriate method of property - If there are surviving children who are issue of both the ownership in certain cases. With respect to businesses, farms, spouse and the decedent, the spouse inherits the first or timber tracts, however, joint ownership with right of sur- $50,000 and one-half of the remaining balance of the estate. vivorship is not always the best way to go. Significant negative - If there are surviving children, one or more of who are not estate tax effects for the long-term that can ultimately result issue of the spouse, the spouse inherits one-half of the in higher estate taxes being paid by the family as a whole can estate. occur if joint ownership is used rather than separating the • The remaining heirs' share: ownership and making specific provisions in a will. But always - If there is no surviving spouse, the entire estate passes to keep in mind that while it is possible that estate taxes may be the remaining heirs. significantly lowered in the future, one should not structure - If there is a surviving spouse, the remaining balance of the one's property ownership on the belief that the estate tax will estate passes as follows: one day go away. >To the children equally, if they are all of equal degree of kinship. What special provisions are available for the valuation of > If they are of unequal degree, the more remote degree farm and timber property for estate tax purposes? take by representation. > If there are no surviving children, then the parents of The estate tax law provides for special use valuation of qualify- the decedent inherit equally. ing farm and timberland in Section 2032(a) of the Internal > If there are no surviving children or surviving parents, the Revenue Code of 1986. In short, the farm property is valued by children of the parents (brothers and sisters of the dece- taking into account its use as a farm. While the principles are dent) inherit equally. much the same as those underlying the current use valuation > If there are no surviving children, parents, or children of provisions of the Alabama property tax law, the special valua- the parents, but there are surviving grandparents or chil- tion provisions of the Internal Revenue Code will not neces- dren of the grandparents (aunts and uncles of the dece- sarily arrive at the same number as those which the current dent), then half of the estate goes to the paternal grand- use formulas will provide. Nevertheless, it can be a significant parents or, if deceased, to the children of the grandparents benefit and presently results in a maximum overall reduction equally. If the children of the grandparents are of unequal in estate value of over $750,000, adjusted for inflation each degree, the more remote take by representation. The year. It is important that a will be drafted in the proper man- maternal grandparents inherit the remaining half. If ner so as to take advantage of this deduction. For instance, if a deceased, their children inherit equally. If the children of will provides that all of the property goes to a surviving the grandparents are of unequal degree, the more remote spouse, this deduction may be effectively lost forever unless take by representation. the second spouse continues the operation of the farm to the time of his or her death. 44 45 Can deeds be used in estate planning? a tract of land to his son "on the condition that" it is not sold to anyone outside the immediate family. If the son sells the In addition to wills, deeds to a property can be a source of property to someone else, the former owner could pursue legal estate planning. A deed is the document by which ownership, action to retake possession. In both cases, a remainderman can or title, is transferred. Historically, ownership interests have be named as the person to whom the property reverts back to been classified as either freehold estates or leasehold estates. or has the right of entry to retake possession upon the happen- Leasehold estates last for a fixed amount of time. For example, ing of the specified event. This allows you to deed your proper- a lease for an apartment would convey a leasehold estate. ty to an heir under special conditions that limit their owner- Freehold estates last for an indeterminable period of time, such ship rights, even after your death. as for a lifetime or forever. The type of ownership conveyed in a deed for a freehold estate can be a way to ensure your inter- What is a life estate? ests after your death. Freehold estates include fee simple estates, defeasible estates and life estates. A life estate is a way of owning property that is measured by the life of its owner or some other designated person or per- Fee simple ownership is absolute ownership, entitling the sons. Even though the life tenant has the possessory right and owner to all rights to the property. It is the highest degree of use of the property much like a fee simple owner, such a per- ownership recognized by law. A life estate is ownership that is son does not hold the legal title to the property. Life estates limited in duration by the life of the owner or some other des- can be created by wills or deeds and can terminate upon such ignated person or persons. Life estates are discussed later. Fee events as remarriage, as well as death. Also, the grantor of a simple defeasible ownership is ownership that is subject to or life estate can name a remainderman as the person to whom limited by the occurrence or non-occurrence of some event. the property will pass when the life estate ends. For example, There are two types of defeasible ownership: fee simple deter- a husband can grant his wife a life estate in their property, and minable and fee simple subject to condition subsequent. Fee he names his daughter as the remainderman. When the wife's simple determinable is ownership that terminates upon the life estate ends, possession of the property passes to his daugh- happening of some event and the ownership automatically ter. Many farmers in Alabama have used life estates as a ends. The former owner can retain a possibility of reverter, method by which they have provided for a surviving spouse which automatically returns the ownership to the former during his or her remaining lifetime after the death of the owner once the specified event occurs. For example, a property owner; the property passes at the death of the spouse landowner may grant his son 50 acres of land "so long as" he to the heirs of the original property owner. This approach has uses the land only for agricultural purposes. If the son decides kept the property tied up in the family and ensured that the to use the land for reasons other than agriculture, the title will surviving spouse could have the use and benefit of the proper- automatically revert back to the former owner. Fee simple sub- ty during his or her remaining life. ject to condition subsequent is ownership in which the new owner must not perform some activity, and the former owner The problem with a life estate is that it can have an untoward reserves the right to terminate the estate upon the happening estate tax result if the value of the property is substantial. This of some specific event. The ownership does not automatically is because a life estate for a surviving spouse does not ordinari- revert back, however. The former owner must take some ly qualify for the estate tax marital deduction, meaning that action, such as retaining a right of entry. The right of entry the amount passing to the surviving spouse can be fully tax- gives the former owner the right to retake possession of the able to the extent the value of the property presently exceeds property through legal action. For example, a landowner grants $950,000. Many people prefer the supposed simplicity of a life 46 47 estate to the supposed complications of wills and trusts, but What are the advantages of Limited Liability Companies many times the life estate creates difficult problems in and of (LLCs)? itself, leaving aside tax matters. For instance, if the person holding the life estate becomes incapacitated or loses his or There are several options of business forms available to pro- her mental ability, it may be impossible to sell the property for ducers. In selecting a business entity, each organizational form the benefit of that person or otherwise make proper use of the presents both advantages and disadvantages to the owner(s) land held in the life estate without the necessity for expensive that must be weighed against their own set of unique goals, and sometimes acrimonious court hearings wherein all family desires, and needs. Therefore, no business form is necessarily members may come in and contest the proper handling of the better than another. Each form can have significant effects on property. The use of trusts, whether living trusts or trusts gift and estate taxes and on the consequences of the transfer of established in the will, are generally preferable to the use of ownership. Owners must objectively consider each option to life estates. You can achieve the same result but with many determine the organizational form that best meets their needs fewer legal headaches down the road. and goals and that minimizes their exposure to negative tax and legal consequences. What are living trusts, and can they be used as a method of saving estate taxes? The following list describes several options and gives associated advantages and disadvantages. Trusts can be set up in a will, called testamentary trusts, or during a person's lifetime, a so-called living trust. Either type Form Description Advantages Disadvantages can be used as a method of reducing estate taxes. The estate • Easy to organize • Unlimited tax law provides that presently $950,000 of each person's due to minimal legal liability estate may be passed tax-free to a younger generation (this requirements • Limited amount of amount increases to $1,000,000 in 2006 and thereafter). Often • Owner has com- capital resources plete control • No business taxes such amounts are placed into trust for the benefit of a surviv- • All profits, losses, may be a disadvan- ing spouse for his or her lifetime, with the remainder to the liabilities vested in tage younger generation after the death of the spouse. If properly the proprietor • Not being able to drafted, such a trust would qualify for the exemption and not • Costs of organiz- share control may Business ing and dissolution limit opportunities be included for tax purposes in the estate of the spouse upon Sole owned and are low for highly trained his or her subsequent death. This can save considerable Proprietorship managed by • Business affairs are employees amounts of estate tax. Sometimes a trust is also used to pro- one person completely confi- • Proprietorships can tect an estate's assets for the benefit of a surviving spouse dential lack stability and when the surviving spouse may not be capable of managing • Owner has total continuity discretion for selling • Manager is in com- the property. A trust requires a trustee, which can be a bank or the business plete control-must an individual; the trust instrument can provide for limitations • Proprietors pay no perform all manage- on, or the exercise of various powers by, the trustee in respect business taxes ment functions to property. A trust instrument, whether a living trust or a • Strong incentive to succeed trust contained in a will, is a technical document that needs to be carefully written and adapted to each person's individual situation. 48 49 Form Description Advantages Disadvantages Form Description Advantages Disadvantages • As easy to start as • Unlimited liability • Owner liability is • Fringe benefits proprietorships of each general limited cannot be deducted • Low cost to set up partner An unincorpo- • Can include any • Organization is Association of • More resources • Partnerships have rated but regis- number of members not automatically two or more because more people a limited number of tered entity • Ownership and net perpetual persons for the involved members whose mem- income distributed • Must register in purpose of • Taxes are paid by • Can lack continu- bers are pro- according to propor- state of operation Partnership carrying on a individuals on their ity and stability Limited tected from tion of assets con- and can be expen- business for share of the profits • Being taxed as Liability personal liabili- tributed sive to set up profit as • Partners may sell individuals can be a Company ty and are • Taxes paid only by co-owners their interest in the disadvantage allowed any individuals (U.P.A. §6.1) business if other • Divided manage- desired degree • Not required to partners agree ment authority of participation file articles of incor- • Capital base may in control of poration be a restriction the business • Management of business is flexible • Taxes are paid by • Unlimited liability individuals on their for all general share of the profits partners • Stockholders (own- • More difficult and • Limited liability • Unlimited liability ers) not personally expensive to for limited partner(s) for the limited part- liable for organiza- organize who does not partic- ner that participate A legal entity, tion's debts • Double taxation ipate in manage- in control of created by • Transfer of owner- • More regulations ment business. operation of ship is easy on corporations Partnership • Partners may sell • Limited partners Corporation law, that holds • Relatively easy to • A lack of privacy having one or their interest if may not take part in the same rights raise equity capital • Individual stock- more general other partners agree the management of and duties as • Corporation is per- holders may have Limited partners and • Capital can be the business without an individual petual little or no control Partnership one or more raised by selling incurring personal over management/ limited part- interest (usually lim- liability for partner- policies ners. ited partner's) ship's debts • Certain gift and • Can be expensive • Owners have lim- • Certain member- estate tax benefits to set up ited liability ship and organiza- for the limited part- • One or more of • Taxes are paid tional restrictions, ner's interest may be the partners must only by the individ- such as 35 or fewer available not participate in ual, avoiding double shareholders control of the A legal entity, taxation of regular • Must register in business created by corporations state of operation operation of • Owners (up to 35) and can be expen- • Limited liability • Restrictive charter S- law, that holds can be added with- sive to set up Joining togeth- • Potential broad requirements Corporation the same rights out changing the • Difficult to con- er of producers capital base • Membership may and duties as business entity vert into another or businesses • Certain tax advan- not understand the an individual type of entity Cooperative to provide tages co-op structure • Management and services and • Special anti-trust • Lack of member- organization are benefits to its exemptions ship participation subject to state cor- members • Divided manage- poration laws ment authority 50 51 Chapter Five • Sales of fuel for use or consumption aboard commercial fish- ing vessels are hereby exempt from the computation of all Licenses and Sales Taxes for Sale of sales taxes levied, assessed, or payable under the provisions of this division or levied under any county or municipal sales Farm Products tax law. The words "commercial fishing vessels" shall mean vessels whose masters and owners are regularly and exclu- What input items used in production agriculture are exempt sively engaged in fishing as their means of livelihood. from taxes? • Sales of sawdust, wood shavings, wood chips, and other like materials sold for use as "chicken litter" by poultry Pursuant to Ala. Code §40-23-4, when the following items are producers and poultry processors. used for agricultural purposes, sales and use, the gross proceeds • Sales of grass sod of all kinds and character when in the from the transaction are exempt from use and sales tax: original state of production or condition of preparation for sale, when such sales are made by the producer or members • Fertilizer. of his family or for him by those employed by him to assist • Insecticides and fungicides. in the production thereof; provided, that nothing herein shall • All devices or facilities, and all identifiable components be construed to exempt sales of sod by a person engaged in thereof, or materials for use therein, acquired primarily for the business of selling plants, seedlings, nursery stock, or the control, reduction, or elimination of air or water pollu- floral products. tion and the gross proceeds from the sale of all identifiable • Sales of the following items or materials which are necessary components of or materials used or intended for use in struc- in the farm-to-market production of tomatoes when such tures built primarily for the control, reduction, or elimina- items or materials are used by the producer or members of tion of air and water pollution. his family or for him by those employed by him to assist in • Antibiotics, hormones and hormone preparations, drugs, the production thereof: Twine for tying tomatoes, tomato medicines or medications, vitamins, minerals or other nutri- stakes, field boxes (wooden boxes used to take tomatoes from ents, and all other feed ingredients including concentrates, the fields to shed), and tomato boxes used in shipments to supplements, and other feed ingredients when such sub- customers. stances are used as ingredients in mixing and preparing feed • Sales of Lespedeza bicolor and other species of perennial for fish raised to be sold on a commercial basis. plant seed and seedlings sold for wildlife and game food pro- • Seedlings, plants, shoots, and slips. duction purposes by the state. • Herbicides. • Sales of all diesel fuel used for off-highway agricultural pur- • Antibiotics, hormones and hormone preparations, drugs, poses. medicines, and other medications including serums and vac- • Sales of natural gas or electricity used for the heating of poul- cines, vitamins, minerals, or other nutrients for use in the try houses. production and growing of fish, livestock, and poultry by whomsoever sold. Are business licenses necessary for sale of hay, produce, mulch, and compost from my farm? What transactions are exempt from sales and use tax? Generally, no, if you are a bonafide farmer. It shall be unlawful • Cottonseed meal exchanged for cottonseed at or by for any municipality to charge the farmers or others engaged in cotton gins. the production of farm products of whatever nature any license 52 53 or fee for the sale or other disposition of said articles produced Chapter Six by them at any place. Ala. Code §11-51-105. If, however, the farm products are processed or altered from their original state Operation of Vehicles and Equipment (such as converting apples to apple cider or placing a stand on Christmas trees), a license may be required. What are the laws/regulations regarding operation of farm vehicles and equipment on public roads? Should I be paying sales tax when I purchase hay from another farmer? Reflective Devices: Farm tractors, combines, and other types of vehicles with a maximum potential speed of 25 miles per Pursuant to Ala. Code §40-23-4 the following gross proceeds hour are classed as "slow-moving vehicles" and are required to from the transactions are exempt from sales and use tax: be identified with a reflective device when operated, driven, towed, or otherwise moved along or across any highway in the • Sales of seeds for planting purposes and baby chicks state. The device must be an equilateral triangle in shape, at and poults. least 16 inches wide at the base and at least 14 inches high, • Sales of all livestock by whomsoever sold, and also the with a bright red border, at least one and three quarter inches gross proceeds of poultry and other products of the farm, wide made of highly reflective beaded material, with a center dairy, grove, or garden, when in the original state of produc- triangle, at least 12-3/4 inches on each side of yellow-orange tion or condition of preparation for sale, when such sale or fluorescent material. Ala. Code §32-5-246. The device must be sales are made by the producer or members of his immediate mounted on the rear of the vehicle with the broad base down, family or for him by those employed by him to assist in the not less than three feet and no more than five feet above the production thereof. ground. Ala. Code §32-5-247. Reflective devices for slow mov- • Sales of seedlings, plants, shoots, and slips which are to be ing vehicles may not be used on any other type vehicle. Ala. used for planting vegetable gardens or truck farms and other Code §32-5-248. The laws requiring reflective devices on slow agricultural purposes. moving vehicles do not amend or repeal any laws of the state • Sales of sawdust, wood shavings, wood chips, and other like requiring lights and reflectors to be mounted on vehicles. Ala. materials sold for use as "chicken litter" by poultry produc- Code §32-5-250. ers and poultry processors. • Sales of grass sod of all kinds and character when in the orig- Lights: Every vehicle moving upon the highways of the state inal state of production or condition of preparation for sale, must display lighted lamps and illuminating devices required when such sales are made by the producer or members of his by law for different classes of vehicles at the following times: family or for him by those employed by him to assist in the production thereof; provided, that nothing herein shall be • From a half hour after sunset to a half hour before sunrise. construed to exempt sales of sod by a person engaged in the • At anytime when windshield wipers are in use because of business of selling plants, seedlings, nursery stock, or floral rain, sleet or snow. products. • When there is not sufficient light to clearly discern persons • Sales of fruit or other agricultural products by the person or and vehicles at a distance of 500 feet. corporation that planted, cultivated, and harvested such fruit or agricultural product. Vehicles should have at least two headlights, but not more than four, that reveal persons and vehicles at least 350 feet ahead with at least one, but not more than two, mounted on 54 55 each side. Any vehicle that at no time is operated at a speed in rear, 100 feet to front, and 10 feet to the road side of a vehicle excess of 20 miles per hour is permitted to be equipped with when it is disabled on a highway or shoulder. Ala. Code §32-5- two lighted lamps upon the front that reveal persons and 221. objects 75 feet ahead. Tires: State law requires every motor vehicle moved on a high- Every vehicle, trailer, or other type vehicle being drawn at the way to be equipped with pneumatic tires with no block, stud, rear end of a train of vehicles must be equipped with at least flange, cleat, or other protuberances made of any material one tail lamp mounted on the rear at a height of not more than other than rubber which project beyond the tread of the trac- 60 inches nor less than 20 inches above the ground that emits tion surface of the tire; however, it is permissible to use farm a red light for a distance of 500 feet to the rear. In addition to machinery with tires having protuberances that will not injure tail lights, each truck shall be equipped on the rear with two the highway. The department of public safety and local author- red reflectors, one on each side, and one stop light. Trucks over ities in their respective jurisdictions may, at their discretion, 80 inches wide are required to have reflectors and clearance issue special permits authorizing the operation upon a high- lights mounted on the front, side, and rear as required by law. way of farm tractors and other farm machinery with movable Ala. Code §32-5-240 and 32-5-242. tracks. Ala. Code §32-5-210. Whenever the load of any vehicle shall extend more than four Brakes: Every motor vehicle is required to be equipped with feet beyond the rear of the bed or body, a red flag at least 12 brakes adequate to stop and hold the vehicle, including two inches in length and width is required to be displayed at the separate systems for applying the brakes, each of which apply rear end of the load, except that between one-half hour after the brakes to at least two wheels, and constructed so that no sunset and one half hour before sunrise a red light visible for at part liable to failure is common to the two systems. Ala. Code least 200 feet shall be displayed at the rear end of the load. §32-5-212. Ala. Code §32-5-211. Mirrors: Every motor vehicle operated singly or when towing Additional lights-including spot lights, fog lights, driving another vehicle shall be equipped with a mirror located so that lights, directional signal lights, and amber flashing warning the driver has a reflected view of the highway at least 200 feet lights may be used if mounted, directed, and of such intensity to the rear. Ala. Code §32-5-214. as required by law. Ala. Code §32-5-241. Loading: Loading or unloading a vehicle upon a highway or Any vehicle that is parked on a highway or street between one highway right-of-way is unlawful. Ala. Code §§32-5-3 and 32- half hour after sunset and one half hour before sunrise or when 5-4. there is not sufficient light to reveal an object within 500 feet must display a white or amber light on the roadway side visi- Any person operating a motor vehicle on any highway hauling ble for 500 feet to the front and a red light visible for 500 feet logs, lumber, bale cotton, or hay or other articles that may to the rear. Ala. Code §32-5-244. Each truck and truck tractor shift or drop onto the highway is required to fasten the load must be equipped with at least three flares or red electric with steel cables or chains of sufficient size to prevent it from lanterns that can be seen for 500 feet, at least three red burn- shifting or dropping. Ala. Code §32-5-75. ing fuses unless three red electric lanterns are carried, and at least two red cloth flags 12 or more inches square. Ala. Code Every vehicle driven or moved on any highway is required to §32-5-220. These devices must be displayed 100 feet to the be constructed and loaded in such a manner as to prevent any 56 57 of its load from dropping, leaking or otherwise escaping and A CDL is classified as class A, B, or C according to the type littering the road or right-of-way. Knowingly littering of any and GVWR of the vehicles to be driven. Each CDL may have public or private property is a criminal act punishable by a fine additional endorsements and restrictions related to type and of up to $500. Ala. Code §13A-7-29. However, there is an size of vehicles authorized to be driven. Ala. Code §32-6-49.10. exemption provided for in Ala. Code §32-5-76 for any agricul- An Alabama Commercial Drivers Manual explaining CDL tural product in its natural state that is unintentionally requirements and tests for obtaining a CDL can be obtained deposited upon a highway, road, street, or public right-of-way free of charge from the Alabama Department of Public Safety. does not constitute litter for the purposes of Ala. Code §13A-7- 29. Can I tow my cotton wagons/modules movers on public roads? What kind of driver's license is required to operate farm equipment and vehicles on public roads? It is lawful to tow cotton wagons and module-movers on the highways of the state when the wagons or module-movers are Any person driving a farm tractor or agricultural implement being used to haul cotton from the field to the gin and to temporarily driven or moved on a highway is specifically return them to the farm from the gin, but it will not be lawful exempt from securing a driver's license. Ala. Code §32-6-2(2). to tow the cotton wagons on any interstate or limited-access highway in the state; provided, that no more than two wagons Every person, except those specifically exempt by law, is are attached to one truck, the width of each wagon or module- required to procure a driver's license before driving a motor mover shall not exceed 10 feet in width, and the overall length vehicle (truck or car) on the highways of Alabama. Ala. Code of the wagons or module-mover and truck does not exceed 85 §32-6-1a. Any person with a valid automobile driver's license feet. Ala. Code §32-9-2. is permitted to drive farm trucks that have a gross vehicle weight rating (GVWR) of no more than 26,000 pounds. Who is required to carry a medical card? Except as noted below in the case of farmer-owned and operat- Every driver operating a motor vehicle in excess of 10,001 lbs., ed vehicles, every person must have a commercial drivers gross vehicle weight or gross combination weight, must carry a license (CDL) with applicable endorsements to drive a com- medical examiner's certificate of his/her physical qualification mercial motor vehicle, except when driving with a valid auto- to drive a commercial motor vehicle. 49 C.F.R. 391.51. The mobile drivers license and accompanied by the holder of a physical qualifications to drive a commercial motor vehicle CDL valid for the vehicle being driven. Ala. Code §32-6-49.7. can be found in 49 C.F.R. 391.43. A commercial motor vehicle is vehicle with a GVWR of 26,001 or more pounds; a vehicle designed to transport 16 or What are the Hours of Service (HOS) Regulations for more passengers, including the driver; and a vehicle transport- Commercial Motor Vehicle (CMV) drivers? ing hazardous materials required by federal or state law to dis- play a warning placard. Ala. Code §32-6-49.3. A commercial The Federal Motor Carrier Safety Administration (FMCSA) reg- motor vehicle does not include a farm vehicle controlled and ulates the number of hours CMV drivers can operate in order operated by a farmer, his employee, or family member used to to ensure the safety of the drivers and others on the roads with transport farm products, machinery, or supplies to and from a them. The following are the HOS rules from the FMCSA's farm within 150 miles of the farm. 49 CFR 383.3. Driver's Pocket Guide. 58 59 Drivers of Passenger-Carrying CMVs: Office of Hazardous Materials Safety • Can drive 10 hours after 8 hours off-duty. U.S. Department of Transportation • Cannot drive after 15 hours on duty, following 8 hours off- hazmat.dot.gov duty. • Cannot drive after 60/70 hours on-duty after 7/8 consecutive Alabama Department of Public Safety days. P.O. Box 1511 Montgomery, AL 36102 All other drivers of CMVs: 334-242-4371 • Can drive 11 hours after 10 hours off-duty www.dps.state.al.us • Cannot drive beyond the 14th hour after coming on-duty, fol- lowing 10 hours off-duty. What is the legal size of a tandem trailer that can be towed • Cannot drive after 60/70 hours on-duty in 7/8 consecutive on highways? days. A driver can restart a 7/8 consecutive day period after taking 34 or more consecutive hours off. State law generally restricts the width, length, and height of trucks, trailers, and semitrailers driven or moved on the high- There is a special exemption for property carrying drivers. ways, but provides certain exemptions for vehicles used to Drivers may extend the 14 hour on-duty period to 16 hours if haul agricultural commodities or products as well as agricul- they are released from duty at the normal work reporting loca- tural equipment. tion for the previous 5 duty tours; and return to their normal work reporting location and are released from duty within 16 Two-to-eight wheel, one-to-four axle trailers traveling to and hours; and have not used this exemption in the previous 6 from a farm transporting commodities or products for agricul- days, except following a 34-hour restart of a 7/8-day period. tural purposes shall not be in excess of 10 feet wide (except not in excess of 102 inches on interstate highways) and 76 feet in How do I find information on regulations regarding haz- overall length (trailer and towing vehicle). Overhang of round ardous materials transportation? bales of hay cannot exceed one foot on each side. Only one loaded trailer can be towed by any one vehicle. Two empty Transport of hazardous materials across our country has been trailers can be towed by one vehicle if the overall length is not identified as a possible threat to our homeland security. As a in excess of 76 feet. Ala. Code §§32-9-26 and 32-9-27. part of the Homeland Security Act of 2002, transportation of hazardous materials has come under federal regulation through Cotton wagons and module-movers can be legally towed on the Department of Transportation. Information on how to the highways of the state to haul cotton from the field to the comply with federal hazmat regulations can be found at the gin and return, except it is unlawful to tow cotton wagons on following sources: interstate or limited-access highways. No more than two wag- ons shall be attached to one truck. Each wagon or module- Federal Motor Carrier Safety Administration mover shall not exceed 10 feet in width and the overall length FMCSA Hotline 1-88-832-5660 of the truck and wagons or module-movers shall not exceed 85 www.fmcsa.dot.gov feet. Ala. Code §32-9-2. Farm tractors are exempt from width restrictions but cannot exceed 9 feet in width. Ala. Code §32-9-24. 60 61 Trucks, trailers, and semi-trailers which are constructed and its less than state law limits. The state may require lesser used exclusively for the hauling of livestock are exempt from weights on certain roads and bridges. the 40 foot restriction on length but shall not exceed 65 feet in length. Vehicles transporting loads of poles, logs, lumber, lami- Two and three axle trailers being used exclusively for trans- nated wood, building materials, structural steel, piping, and porting agricultural commodities or products to and from a timber are exempt from length restrictions. Ala. Code §32-9- farm for purposes related to operation and maintenance of a 25. farm by a farmer, custom harvester, or husbandman are not required to conform to 20,000 pounds maximum per axle or Implements of husbandry (agricultural, horticultural, or live- 84,000 pounds maximum total on all axles. Ala. Code §32-9- stock) temporarily moved on the highways on trucks or trail- 20(4) j. ers used exclusively for carrying 50 bales or less of cotton are exempt from size restrictions. Ala. Code §32-9-22. Farm and agricultural commodities and equipment are exempt from the requirement of obtaining permits for the movement Farm and agricultural commodities and equipment are exempt of oversized loads, but no load may exceed 22,000 pounds per from the requirement of obtaining permits for movement of axle or 150,000 pounds total gross weight. Ala. Code §32-9-29 (f). oversized loads on the state highway system. Ala. Code §32-9- 29(f). Should rolled sod be secured in the same way as pallets of sod? Except for those vehicles which are specifically exempt, any vehicle or combination of vehicles driven or moved on the When hauling sod, each roll and each pallet must be individu- highways of the state of Alabama must be in accordance with ally secured. For rolled sod, each roll must have a hollow tube the following sizes: Total outside width cannot exceed 102 in the middle for a chain or tie-down to pass through in order inches on vehicles operating on highways with traffic lanes 12 to be secured on both sides of the roll. For pallets, each one feet or more in width; on highways with traffic lanes less than must be secured on both sides with a chain or tie down in 12 feet in width, total outside width cannot exceed 96 inches. such a way that each individual piece of sod on the pallet is No vehicle or semitrailer or trailer shall exceed 13 1/2 feet in secured. Tarps are not required, but are a good idea to ensure height, including load. No vehicle shall exceed 40 feet in that each individual piece of sod on a pallet is secured. length, except that the length of a truck tractor-semitrailer- trailer combination cannot exceed 57 feet in length. What tags are required for farm trucks and trailers and farm Semitrailers exceeding 53 1/2 feet can only be operated on equipment? highways designated by the state highway director. Ala. Code §32-9-20. A license tag of the proper classification is required to be attached to the rear of any motor vehicle which is operated What are the weight limits on trucks and trailers and farm upon public streets or highways. Ala. Code §32-6-51. Farm equipment? tractors used primarily for drawing plows or other implements and other farm implements, only incidentally moved upon State law generally restricts the gross weight to a maximum public highways, are not required to have a license tag 20,000 pounds per axle and the gross weight on all axles to a (Alabama Administrative Code 810-5-1-.223). maximum 84,000 pounds. Counties may authorize weight lim- The annual license tax and registration fee for farm trucks or 62 63 truck tractors is limited to $30 where the gross vehicle weight Can I drive in other states with my farm tag? of the truck (the empty weight of the vehicle plus the heaviest load to be carried) does not exceed 30,000 pounds and to a While farm tags are honored throughout the state of Alabama, maximum of $85 where the gross vehicle weight exceeds it is not guaranteed that they will be honored in other states. 30,000 pounds but does not exceed 42,000 pounds. A farmer Before crossing into other states, it is a good idea to check will be entitled to pay this reduced amount for only one truck with the public safety department to make sure your farm tag tractor. The annual license tax and registration fee for trucks will be honored. Otherwise you will be considered traveling and truck tractors in excess of 42,000 pounds ranges from $585 without a tag. to $845. Ala. Code §40-12-248. What are the different types of tags and fees associated with Any truck trailer, tractor trailer, or semi-tractor used by a those tags? farmer to transport farm products to and from market or per- sonal property to be used on the farm are exempt from the license taxes and registration fees of $20. Ala. Code §40-12- 252. Each tractor used on the highway by a farmer to transport farm products and products to be used on the farm or to be transferred from one point to another is exempt from the $100 privilege tax on motor tractors. Ala. Code §40-12-251. Prior to obtaining a tag for a vehicle having a gross weight in excess of 55,000 pounds, the applicant must furnish proof (IRS Schedule 1, Form 2290) that the federal heavy vehicle use tax has been paid. Ala. Code §32-6-58. This tax is suspended for agricultural vehicles if it is reasonably expected that the vehi- cle will be used for 7,500 or less miles on public highways (Alabama Administrative Code 810-5-1-.233). No license tags will be issued for any motor vehicle until the Alabama ad val- orem tax has been paid for the preceding year. Ala. Code §40- 12-253. Trucks used by farmers exclusively to transport farm products or personal property used on their farms are issued F1 tags for gross weights to 30,000 pounds and F2 tags for gross weights to 42,000 pounds and are exempt from apportioned registration. However, under the provisions of the International Registration Plan for Apportioned Registration of Motor Vehicles, such trucks can use the public highways in other states without purchasing license plates in the other states (Alabama Administrative Code 810-5-1-.442). This fee schedule can be found at: http://www.ador.state.al.us/motorvehicle/mvforms/FeeSchedule.pdf 64 65 For further information, you may contact: chase a product from a Co-op that falls under these regula- tions, some co-ops will offer the necessary placards if they are Alabama Department of Revenue required. 50 North Ripley St. Montgomery, AL 36132 Who holds the right-of-way on two-lane roads? (334) 242-1170 www.ador.state.al.us There are no blanket lane usage laws in the state of Alabama. Posted signs direct lane usage. Therefore, when two lanes are What are the laws or regulations pertaining to transportation heading in the same direction, the lane closest to the center of of fertilizer, chicken litter, pesticides, and herbicides on pub- the road has the right-of-way. However, unless there is a sign lic roads? posted otherwise, you are not required by law to move into the right-hand lane. This affects such areas where there are truck- Fertilizer and chicken litter used as fertilizer in compliance passing lanes on two-lane roads. For example, if you move into with Alabama Department of Environmental Management and the right-hand lane of a passing zone, you must yield to the Alabama State Department of Public Health regulations are vehicle in the left-hand lane when it is time to merge into one not prohibited from being transported on public roads for use lane. However, if no sign is posted otherwise, you are not on the individual's farm (Alabama Non-Point Source required by law to move over and give up your right-of-way Managament Plan, pp. 27-30). Vendors cleaning and hauling when it comes time to merge. chicken litter for others must be certified before hauling litter. Trucks or other vehicles hauling bulk fertilizer and chicken litter are required to be constructed and loaded and covered so as to prevent leaking or other loss that will cause littering of roads or rights-of-way or cause a nuisance or hazard to public health. Ala. Code §32-5-76. Any person who has been issued a Commercial Applicator Permit or a Private Applicator Restricted Use Pesticide Use Permit can transport pesticides that are registered with the Alabama Department of Agriculture and Industries and stored in containers that conform to U.S. Department of Transportation regulations governing transportation of explo- sives and other dangerous articles (Alabama Administrative Code 80-1-13-03). Transportation and management of all items on the highways are subject to the criminal littering law which prohibits knowingly (or negligently in certain situa- tions) littering public or private property. Ala. Code §13A-7-29. Before transporting fertilizer, chemicals, or other products that may be considered hazardous materials, make sure that you are in compliance with Federal Hazmat regulations. If you pur- 66 67 Chapter Seven David Lee Boykin Family Trust v. Boykin, 661 So.2d 245 (Ala. Civ. App. 1995). Property If I lease my land to another farmer, what is my liability as What is the best way to resolve the problem of adjoining the property owner? landowners placing a fence on our side of the property line? In the absence of a covenant to repair, a landlord is liable only First, you want to eliminate any claims of adverse possession for injury resulting from latent defects known to him at the pursuant to Ala. Code §6-5-200. The elements of adverse pos- time of the leasing which he concealed from the tenant. session are actual, exclusive, open, notorious, and hostile pos- Collier v. Duprel, 480 So.2d 1198. Exceptions occur where session under claim of right for a term of 10 years preceding latent defects are known by the landlord and concealed; the commencement of the action. A simple lease signed by the instances where the landlord retained control over the premis- adjoining landowner would preclude any possibility of his es or portions thereof; instances where landlord voluntary adverse possession of your land, even if the fence is too far undertakes to repair; and instances where landlord has over your line. covenanted, contracted, or agreed to undertake repairs. Alternatively, you may want to engage a surveyor to deter- To limit liability, the lessor may want to include an indemnity mine the boundary line between the two pieces of land. If the provision, which would provide for the lessee to defend and fence is in fact on your land, you may seek appropriate legal indemnify the lessor for any acts that were the result of gross action to have the fence removed. negligence or intentional actions on the part of the lessee. Am I required to post 'No Trespassing' signs on my property? What are the general rules regarding access to property? A person who enters or remains upon unimproved and appar- A landowner has the right to be free from a continuing tres- ently unused land, which is neither fenced nor otherwise pass on his land. Trespass has been defined as "any entry on enclosed in a manner designed to exclude intruders, does so the land of another without express or implied authority," See with license and privileges unless notice against trespass is Cove Properties, Inc. v. Walter Trent Marina, Inc. (Ala. Civ. personally communicated with him by the owner of such land App. 1999). or other authorized person, or unless such notice is given by posting a sign in a conspicuous manner. Ala. Code 13A-7-1(4). However, if one landowner's property is surrounded by other The question may arise as to what constitutes "posting in a landowner's property, then the landlocked landowner may conspicuous manner". In the Boykin case, the court ruled that obtain access over the other landowner's property to get to a two signs on two gates was not a conspicuous manner of post- public road or highway. "The owner of any tract or body of ing for the 2,100 acres in question. It was agreed that, for this land, no part of which tract or body of land is adjacent or con- particular case, placing signs every 100 feet apart so that one tiguous to any public road or highway, shall have and may sign could be read from the other sign would constitute con- acquire a convenient right-of-way, not exceeding in width 30 spicuous posting. In general, one who enters your property feet, over the lands intervening and lying between such tract should have notice of their trespassing from any point of entry or body of land and the public road nearest or most convenient on your property, not just at the gates or main entrances. See thereto provided written approval is obtained from the 68 69 municipal government and the planning board of such munici- What are my rights regarding water use from a stream that pality." Ala. Code §18-3-1. flows through my property? If the catfish harvest crew that is employed by the processor A riparian owner is a person who owns land on a bank of a gets hurt on our land while harvesting fish, who is liable? river, or one who is owner of land along, bordering upon, bounded by, fronting upon, abutting, or adjacent and contigu- You are liable if you in some way negligently or intentionally ous to and in contact with the river. A riparian owner can use caused the injury. (See page 74 - Licensee) ground water and surface water to improve his property as long as it does not unreasonably interfere with the possessory If I allow volunteers from a non-profit to come onto my prop- rights of the lower landowner. Also, a landowner may use per- erty to gather crops and if one is hurt while on my property, colating water for a reasonable and beneficial use pertaining to can they sue me for damages? agriculture, manufacturing, or irrigation, but cannot waste the water to the injury of others. Finally, a riparian owner may Notwithstanding any law to the contrary, any farmer, as an also use state waters (i.e., all waters of any river, stream, owner, lessee, occupant, or person otherwise in control of land, watercourse, pond, lake, coastal, groundwater or surface water, who allows without compensation another person who is wholly or partially within the state, natural or artificial. This employed by or who is an agent of a nonprofit entity to enter does not include waters which are entirely confined and upon the land for the purpose of removing any crops remaining retained completely upon the property of a single individual, in the farmer's fields following the harvesting of the crops, partnership or corporation unless such waters are used in owes that person the same duty of care the farmer owes a tres- interstate commerce) upon notification to the Alabama Office passer. Ala. Code §(Act 2004-367). For purposes of this section of Water Resources. a nonprofit entity is an entity that is exempt from federal income tax under 26 U.S.C. Section 501(c)(3). This includes Non-riparian owners have a right of nonconsumptive use of churches and other religious organizations. There is no duty water from naturally occurring, navigable watercourses in this owed to trespassers other than to use not more force than is state. This right of nonconsumptive use does not extend, how- necessary to terminate the trespass or not to intentionally ever, to non-navigable watercourses. Neither does this right of injure the trespasser. (See the Hunting and Wildlife section for nonconsumptive use extend to common law surface waters. more information on duty of care for trespassers.) Riparian owners, by comparison, have nearly exclusive rights to use and consume the non-navigable waters on their lands. What are the laws pertaining to public access to my property adjacent to a creek or stream? In the absence of an easement, a landowner has the right to be free from a continuing trespass on his land. Trespass has been defined as "any entry on the land of another without express or implied authority," See Cove Properties, Inc. v. Walter Trent Marina, Inc. (Ala.Civ.App. 1999). 70 71 Chapter Eight of stopping trespassers that result in injury or death of the tres- passer could also result in legal liability of the landowner. Hunting and Wildlife What legal duty do I owe persons who come onto my land for Is there a limit on how high I can build a fence? hunting, etc.? There is no law limiting the height of a fence. However, for As the owner of property, you have certain responsibilities to purposes of maintaining wildlife, once an area of land is ensure the safety of those that come onto your land. There are fenced, you may not import or export any wildlife to or from three categories that characterize persons who come onto your the area without a breeder's license. To obtain a breeder's property: trespasser, licensee, and invitee. In general, a tres- license, check with the Alabama Division of Wildlife and passer is someone who enters your property without permis- Freshwater Fisheries. sion. There is no duty owed to trespassers other than to use not more force than is necessary to terminate the trespass or What is the law regarding trespassing on my property by not to intentionally injure the trespasser. A licensee enters hunters or joy riders? your property for their benefit, such as a social guest. Any per- son permitted onto your land for recreational hunting, not for A person is guilty of criminal trespassing in the second degree commercial profit, would be classified as a licensee. The if he or she knowingly enters or remains unlawfully upon real owner, lessee, or occupant is protected from liability in the property, which is fenced or enclosed in a manner designed to event that a licensee by his own action injures his person or exclude intruders. Ala. Code §13A-7-3. Criminal trespass in property. Ala. Code §35-15-2. However, willful or malicious the second degree is punishable by not more than three failure to guard or warn against a dangerous condition that months imprisonment in the county jail or hard labor for the causes the injury of a licensee results in legal liability of the county. Ala. Code §13A-5-7. A person who knowingly enters owner, lessee, or occupant. Ala. Code §35-15-3. An invitee or remains unlawfully on premises not fenced would be guilty enters your property for reasons of your own benefit, such as of criminal trespass in the third degree, punishable by impris- fee hunting, fee fishing, or a customer on your "pick-you-own onment in the county jail not to exceed 30 days. Ala. Code operation". Invitees are owed the highest level of duty. There §13A-7-4. To deter trespassers, a landowner should have his may be circumstances that are beyond your control, such as land fenced and posted. insects or animals, that you are required to be aware of and warn invitees against. The best method of protection against A person in lawful possession or control of premises may legal- uncontrollable circumstances is to obtain liability insurance. ly use (reasonable but not deadly) physical force upon a tres- Also, in the case of fee hunting and other related ventures, it passer where and to the extent he reasonably believes it to be would be advisable to prepare and execute a detailed written necessary to prevent or terminate what he reasonably believes lease addressing liability, as well as other items, and require to be criminal trespass. Ala. Code §13A-3-25. Reason would the lessees to obtain hunter's/sportsman's liability insurance. dictate that a verbal command to terminate the trespass be given to the trespasser prior to using physical force. The property owner's level of duty owed to the visitors differs Intentional injury of a trespasser could result in criminal between the different types of entrants as discussed in the fol- charges of assault being brought against the landowner. lowing table (next page). Devices such as "blind" cables or ditches used for the purpose 72 73 Duties owed What are the desirable elements of hunting leases? Status of Entrant Artificial Natural Active Examples Most hunting leases are for one year or longer and must be in Conditions Conditions Operations writing and signed by the lessor (landowner) and the lessee Undiscovered • Thief or (hunter) to be legally binding on both parties. A lease conveys -No duty- -No duty- -No duty- Trespasser robber certain property rights from the lessor to the lessee and requires certain duties of the lessee. Such rights and duties • A hunter Duty to warn accidentally should be clearly defined. The minimum terms of the hunting of or make on your side lease should include: safe known of the proper- Discovered or Duty of conditions ty line • A legal description of the land. Anticipated -No duty- reasonable that are non- • Someone Trespasser care • Types of game to be hunted. obvious and fishing in a highly danger- creek that • Duration of the lease. ous runs on your • Amount and time of rent to be paid. property • Agreement of lessee to abide by applicable game laws. • Agreement of lessee to conserve and maintain the property Duty to warn No duty (roads, trees, food plots, structures). Infant of or make • You live in • Number of members and limit of guests. unless the Trespasser safe if the risk a neighbor- child is also • Agreement by the lessee to exempt the lessor from liability (if presence to the child hood with -No duty- considered a for injury suffered by the lessee or third parties. on land is outweighs the children who discovered or • Agreement of the lessee to obtain hunter's liability foreseeable) expense of might come anticipated eliminating trespasser into your yard insurance. the danger • The names, addresses and signatures of the lessor and lessee(s). • Social guest Duty to warn Duty to warn • Non-paying of or make of or make hunter Hunting with firearms is inherently dangerous, and written safe known safe known Duty of and executed leases convey certain important rights. Thus, it • Free farm Licensee conditions conditions reasonable that are non- that are non- care tours is advisable to seek legal advice prior to entering into long • Free school term hunting leases. obvious and obvious and field trips to dangerous dangerous your farm Do I have to have a license to hunt or fish in Alabama? Duty to make Duty to make • Pick-your- In the state of Alabama, everyone between the ages of 16 and reasonable reasonable own opera- 65 years of age must obtain a hunting license. Also, a fishing inspections to inspections to tion customer discover non- discover non- license is required for those between 16 and 65 years of age if Duty of • Fee hunting Invitee obvious, dan- obvious, dan- reasonable • Fee fishing fishing with a rod and reed, artificial bait, or a hook and line gerous condi- gerous condi- outside your county of residence. Everyone born on or after care • Paid farm tions and tions and warn of or warn of or tours August 1, 1977 is required to provide proof of completion of an • Pumpkin approved hunter education course before you can purchase a make them make them patches, etc. safe safe hunting license. The traditional hunter education course con- 74 75 sists of a minimum of 10 hours of instruction and a written The Alabama Division of Wildlife and Freshwater Fisheries examination. There are alternative methods of approved cours- recommends all hunters abide by the following basic hunter es available on CD-ROM and through the Internet. For infor- safety rules: mation on licenses and hunter education courses go to www.outdooralabama.com or contact the Alabama • Keep the muzzle pointed in a safe direction at all times. Department of Conservation and Natural Resources. • Treat every firearm with the respect due a loaded gun. • Be sure of your target and what is in front of it and beyond it. Alabama Department of Conservation and Natural Resources • Keep your finger outside the trigger guard until ready to Division of Wildlife and Freshwater Fisheries shoot. 64 N. Union Street • Wear a blaze orange cap or vest. Montgomery, AL 36130 • Use a small flashlight during dimlight conditions to identify 334-242-3465 yourself as a human being. www.outdooralabama.com Falls from treestands are a leading cause of injuries for Am I required to have a license if I am physically disabled? Alabama hunters. Please abide by the following treestand safety tips when using an elevated platform: In the state of Alabama, all persons who are physically dis- abled are required to obtain hunting and fishing licenses. For a • Read and follow the manufacturer's instructions prior to hunting license, hunters must follow the guidelines described using an elevated platform. in the question above. For a fishing license, Alabama residents • Inspect your stand and tree prior to each use. can obtain a fishing license for $1 by taking a completed physi- • Always wear a fall restraint device anytime you are climbing, cian's statement form to their local courthouse. The Division sitting, or descending from an elevated position. of Wildlife and Freshwater Fisheries of the Department of • Always pull your gun or bow up with a pull up rope. Conservation and Natural Resources maintains a statewide Firearms should be unloaded, action open, and safety on. network of hunting, fishing, and shooting sites for people with physical disabilities. To find out more about Alabama's Every hunter has an obligation to fulfill when they enter Hunting and Fishing Trail for People with Disabilities, go to wildlife habitat to participate in our hunting heritage. The www.outdooralabama.com. ethical code hunters abide by has been developed by America's hunters during the past century since the inception of modern What can I do to be safe while I hunt? wildlife management. Most sportsmen agree that every responsible hunter should do the following: The Outdoor Alabama website has several helpful tips for stay- ing safe while you hunt that are listed in the following para- • Respect the landowner and his property. graphs. • Show respect to other hunters and non-hunters. • Give respect to the wildlife and its habitat. • Follow all state laws and regulations. • Use equipment adequate for the game being hunted and be proficient with that equipment. 76 77 Do I have to have a license or a permit to plant food crops for deer or doves? Area Designations for It is illegal to bait a field for killing birds or animals. Ala. Code Alabama §9-11-245. Crops must be planted according to practices rec- ommended by the Alabama Cooperative Extension System. A crop seedbed should be prepared by breaking or disking, and seeds should be covered by disking or some other normal agri- cultural implement. If seeds are not covered (some few seeds may be inadvertently not covered), the field is considered to be "baited" and is illegal. Seed (corn, wheat, or other grains) may be harvested or not harvested, and any seeds left on top of the ground as a result of harvesting is not considered to be "bait." North For additional information on this subject, you may contact the local Game and Fish Conservation Officer or call (334) 242- 3467. Is it legal to top sow small grains as a cover crop in low- input management systems? Yes, but all small grain planting should adhere to planting dates recommended in printed tables furnished by the Alabama Cooperative Extension System. Central South 78 79 Seed Quality Growth Habit; Area Seeding Rate (1,4) Crop Soils Planting Dates (3) Seed/lb Uses (1,2) (3) (lb./A); Depth Min. Germ. Min. Purity Max Weed Percent Percent Seed Percent Grain: N:Oct.1--Nov.1; C:Oct.1-- Grain: 60-90; Grazing: Cool-season Nov.15; S:Oct.15--Dec.1; Clay loam to alone B:90-120, in mix- Oats (1, 5, 7) annual; N, C, S Grazing and Grain: N:Sep.1--20; 85 98 0.07 13,000 sandy loam tures 60-90; 1-2 inches a, d, e, g, h C:Sep.1--Oct.1; S:Sep.20--Oct.30; deep Forage only: same as for ryegrass Cool-season Well drained, B: Alone 15, in mix- Orchardgrass perennial; N medium to Sep.--Oct. 80 90 0.50 653,000 tures 10; 1/4 inch deep a, b, e, h heavy, fertile Grain: 60-90; Grazing: Grazing and Grain: N:Aug.25-- Well drained, Cool-season alone 90-120, in mix- Oct.1; C:Sep.1--Oct.15; S:Sep.15- Rye (1, 5, 7) N, C, S sandy to clay 75 98 0.07 18,000 annual; e, h tures 60-90; 1-2 inches -Nov.1; Forage only: same as for loams deep ryegrass Alone B:20-30 in mix- N:Aug.25--Oct.1; C:Sep.1-- Cool-season peren- Ryegrass (1, 7) N, C, S Clay loam tures 15-20; 0-1/2 inch Oct.15; S:Sep.15--Nov.1; 85 95 0.05 227,000 nial or annual; e deep Overseeded: 3-5 wk. later Wide rows D:4-8 narrow rows D:15-20. N:May1--Jun.30; C:Apr.15-- Sorghum, Warm-season Well drained, Narrow rows (24 in. or Jun.30; S:Apr.1--Jul.15 N, C, S 80 98 0.01 Variable Grain annual; d, g productive less) are best, especially S only: Apr.1-15 if ratoon crop is for late plantings; 1 desired inch deep D:20-25, B:30-35 wide Sorghum- Well drained, rows 8-12; 1/2-1 inch N:May1--Aug.1; Warm-season Sudan N, C, S productive; deep; D:20-25, B:30-35 C:Apr.15--Aug.1; 80 98 0.01 Variable annual; a, f, g Hybrids pH 5.6-6.5 wide rows 8-12; 1/2-1 S:Apr.1--Aug.15 inch deep Sorghum, B:15-20; Syrup: D:3-5; Warm-season Well drained; Late Apr.--May15; S only: late as Sweet and N, C, S Silage: D:4-6; 1 inch 80 98 0.01 24,000 annual; f, g, i pH 5.6-6.5 July 1 for forage sorghums Forage deep Warm-season Light sandy D:20-25, B:30-40; Sudangrass N, C May1--Aug.1 80 98 0.01 54,000 annual; a, f to heavy clay 1/2-1 inch deep Cool-season Well drained, perennial; often B:8; Timothy N productive; Aug.15--Sep.15 80 97 0.50 1,232,000 acts as annual in 1/4-1/2 inch deep pH 6.0-6.5 Alabama; b, e, h Grain:N:Oct.15--Nov.1; Grain: B:60-90, D:60-75 C:Oct.15--Nov.15; S:Nov.1-- Cool-season Medium to Grazing: alone 90-120, Dec.1; Grazing and Grain: Wheat (1, 5, 6) N, C, S 85 98 0.07 11,000 annual; a, d, e, g heavy in mixtures 60-90; 1-2 NandC:Sept.15--Nov.1; S:Oct.1- inches deep Nov.15; Forage only: same as for ryegrass 1 In mixtures of grasses, reduce seeding rates of 2 Uses: 5 Small Grains 6 Northern wheat varieties should be planted each grass species by one third. When precisely a. Hay b. Permanent pastures Species lb./Bu. before November 1. drilled, seeding rates for grasses can be reduced c. Soil improvement d. Grain by about one third as compared to broadcast e. Cool-season grazing Barley 48 7 When aerially seeded, seeding rates for this plantings. f. Summer temporary grazing g. Silage Oats 32 crop should be increased at least 30 percent. h. Late fall grazing i. Syrup Rye 56 8 Fescue generally performs best in the upper 3 N--North, C--Central, S--South Wheat 60 half of the state or on moist, low-lying sites in 4 B--Broadcast, D--Drill Triticale approx. 48 the lower half. In alabama, endophyte (fungus) levels are provided on fescue seed tags. 80 81 Index Agricultural Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-28 Estate Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43-51 child labor law restrictions . . . . . . . . . . . . . . . . . . . . . . .22-23 deeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46-47 day laborers, witholding tax . . . . . . . . . . . . . . . . . . . . . .19-21 estate tax, farm and timber property . . . . . . . . . . . . . . . . . .45 field laborers, sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 joint ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 FUTA posters in the workplace . . . . . . . . . . . . . . . . . . . . . .19 life estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47-48 H-2A certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-14 limited liability companies . . . . . . . . . . . . . . . . . . . . . . . . .49 immigrant workers, ID, housing . . . . . . . . . . . . . . . . . . .14-15 living trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 liability insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 ownership types (table) . . . . . . . . . . . . . . . . . . . . . . . . . .49-51 logging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-7 will . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43-44 new employees, questions . . . . . . . . . . . . . . . . . . . . . . . .24-28 temporary or seasonal workers . . . . . . . . . . . . . . . . . . . . .7-15 Hunting and Wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72-81 worker safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15-17 disabled hunters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76 workers, minimum age . . . . . . . . . . . . . . . . . . . . . . . . . .21-22 fence height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72 workers, minimum wage . . . . . . . . . . . . . . . . . . . . . . . . .23-24 food plots/baiting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .78-81 workers' compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 hunting leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .75 hunting safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76-77 Animal Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29-31 license, hunting or fishing . . . . . . . . . . . . . . . . . . . . . . . .75-76 fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29-30 property owner liability . . . . . . . . . . . . . . . . . . . . . . . . .73, 74 liability, dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30-31 trespassers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72-73 liability, equine activities . . . . . . . . . . . . . . . . . . . . . . . . . . .31 liability, stray livestock . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 Licenses and Sales Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . .52-54 business licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53-54 Environmental Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32-42 products exempt from taxes . . . . . . . . . . . . . . . . . . . . . . . . .52 AFO requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39-41 sales tax, purchase of hay . . . . . . . . . . . . . . . . . . . . . . . . . . .54 BMP regulations, timber cutting near streams . . . . . . . . .32 transactions exempt from taxes . . . . . . . . . . . . . . . . . . .52-53 CAFO requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39-42 catfish pond discharge . . . . . . . . . . . . . . . . . . . . . . . . . . .33-34 Operation of Vehicles and Equipment . . . . . . . . . . . . . . . . .55-67 chemical drift . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 farm vehicle tags . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63-66 disposal, empty chemical containers . . . . . . . . . . . . . . . . . .36 hours of service for CMV drivers . . . . . . . . . . . . . . . . . .59-60 disposal, large animals . . . . . . . . . . . . . . . . . . . . . . . . . . .38-39 farm equipment on public roads . . . . . . . . . . . . . . . . . . .55-58 disposal, used tires and petroleum products . . . . . . . . .37-38 licenses, operation on public roads . . . . . . . . . . . . . . . . .58-59 irrigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 lights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55-57 permits, pesticides and herbicides . . . . . . . . . . . . . . . . .34-35 loading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57-58 responsibilities, wetlands . . . . . . . . . . . . . . . . . . . . . . . . . . .39 medical card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59 TMDL's . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32-33 mirrors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 right-of-way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67 82 83 tandem trailers on highways . . . . . . . . . . . . . . . . . . . . . .61-62 Appendix tires . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 transportation of hazardous materials . . . . . . . . . . . . . .60-61 transportation of sod . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63 transporting fertilizer, chemicals, etc. . . . . . . . . . . . . . .66-67 weight limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62-63 Alabama Department of U. S. Department of Labor Environmental Management Atlanta Federal Center Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68-71 Solid Waste Branch 61 Forsyth St. SW, Suite 6875 fences across property lines . . . . . . . . . . . . . . . . . . . . . . . . .68 P. O. Box 301463 Atlanta, GA 30303 gleaning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70 Montgomery, AL 36130-1463 Phone: (404) 562-2080 no trespassing signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68-69 Telephone 334-271-7988 property access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69-70 Fax 334-279-3050 U. S. Department of Labor property owner liability . . . . . . . . . . . . . . . . . . . . . . . . .69, 70 e-mail: ESA Office of Public Affairs water rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71 firstname.lastname@example.com 200 Constitution Ave., NW Room S-3325 Alabama Department of Washington, DC 20210 Industrial Relations Phone: (202) 693-0023 Room 543, Industrial Relations Building U. S. Department of Labor 649 Monroe Street 1-800-4US-WAGE Montgomery, Alabama 36130 Internet Address Phone: (334) 242-8265 http://www.dol.gov Alabama Department of Revenue 50 North Ripley St. Montgomery, AL 36132 (334) 242-1170 www.ador.state.al.us Employment and Training Agency U.S. Department of Labor Frances Perkins Building 200 Constitution Ave., N.W. Washington, D.C. 20210 1-877-US 2 JOBS (872-5627) www.doleta.gov 84 85 Notes 86 87
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