Agricultural Compliance: How to Protect Your Farm Operation

Environmental compliance under the Clean Water Act (33 U.S.C. § 1251 et seq.) and the Clean Air Act is the area of highest enforcement risk for large agricultural operations. The EPA regulates confined animal feeding operations as point sources of water pollution. CAFOs that discharge pollutants without a National Pollutant Discharge Elimination System permit face civil penalties of up to $25,000 per day of violation. Wetlands on agricultural land are separately regulated under Clean Water Act Section 404, and unpermitted fill of jurisdictional wetlands can trigger enforcement regardless of agricultural exemption claims.

Food safety compliance under FSMA governs produce farms with annual sales above $25,000. It requires compliance with the Produce Safety Rule, the Preventive Controls Rule for human or animal food, and the Foreign Supplier Verification Program for imported agricultural inputs. FDA inspections of covered farms have increased significantly since FSMA implementation.

Labor compliance under the Fair Labor Standards Act, the Migrant and Seasonal Agricultural Worker Protection Act (AWPA), and H-2A temporary agricultural worker regulations governs wage payment, housing conditions, transportation safety, and disclosure requirements. The Department of Labor's Wage and Hour Division conducts both complaint-driven and programmatic investigations of agricultural employers. Violations result in back wage assessments, civil penalties, and debarment from the H-2A program. An attorney who handles labor and employment law matters for agricultural operations can audit your employment practices before a DOL inspection is scheduled.

Agricultural land use compliance governs zoning approvals, conservation easements, farmland preservation programs, and permitted agricultural activities under local and state law, and intersects with federal wetlands and endangered species regulations on properties with covered habitat.

Pesticide compliance is governed by the Federal Insecticide, Fungicide, and Rodenticide Act, codified at 7 U.S.C. § 136 et seq., which requires that all pesticides used in agricultural operations be registered with the EPA and applied in accordance with their approved labeling.

Using a registered pesticide in a manner inconsistent with its labeling is a federal violation. Off-label uses, applications in quantities exceeding the specified rate, applications to crops not listed on the label, and applications by uncertified applicators each constitute a separate violation. The label is the law under FIFRA.

Agricultural employers who use restricted-use pesticides must ensure that all applicators hold current certified applicator credentials. Record-keeping requirements under FIFRA and state law require documentation of pesticide applications including the product name, EPA registration number, application date, crop or site treated, and amount applied. These records are subject to inspection and must be retained for the period specified by the applicable state agency.

An attorney who handles environmental compliance and litigation can audit your pesticide records, identify documentation gaps, and prepare your operation for a state or federal inspection.

Agricultural compliance violations can compound quickly across multiple agencies. An EPA water quality notice, an FDA produce safety inspection, and a DOL wage audit can arrive in the same growing season. Contact our agricultural compliance attorneys today for a confidential regulatory gap assessment before an agency investigation begins.

FSMA requires covered food manufacturers and processing facilities to prepare and implement written food safety plans under the Preventive Controls Rule for Human Food at 21 C.F.R. Part 117.

A compliant food safety plan must include a written hazard analysis identifying known or reasonably foreseeable biological, chemical, and physical hazards. It must identify preventive controls for each significant hazard, establish monitoring procedures, specify corrective action procedures, and document verification activities. Each component must be reviewed and updated whenever a change in operations could affect the safety of the food being produced.

Record-keeping under FSMA is extensive. Records documenting the food safety plan, monitoring activities, corrective actions, and verification procedures must be maintained for a minimum of two years. FDA inspectors have the authority to review these records during routine inspections and in response to foodborne illness outbreaks. Operations that cannot produce complete and current records during an inspection face the same enforcement consequences as operations with substantive safety failures.

An attorney who handles food safety and sanitation regulatory matters can review your existing food safety plan, identify documentation gaps, and prepare your team for an FDA inspection before one is scheduled.

Agricultural employers who use H-2A temporary workers face a compliance structure that overlaps federal immigration law, Department of Labor regulations, and state employment law. Violations in any one of these areas can result in debarment from the program and civil penalties assessed per affected worker.

H-2A employers must provide workers with written job offers meeting the DOL's content requirements, pay at least the applicable Adverse Effect Wage Rate for the state and occupation, provide free housing that meets federal and state safety standards, provide transportation to and from the worksite, and comply with AWPA disclosure and record-keeping requirements.

Housing inspections are a frequent trigger for H-2A compliance actions. Federal standards require that employer-provided housing meet applicable local, state, or federal housing codes. Deficiencies identified during a DOL inspection must be corrected before workers can be housed. Failure to remediate within the specified timeframe can result in worker displacement, program debarment, and civil penalties. An attorney who handles forced labor compliance and agricultural labor matters can conduct a pre-inspection audit of your H-2A housing and employment records to identify deficiencies before a DOL inspector arrives.

Agricultural compliance obligations under USDA, EPA, FDA, and DOL do not pause between growing seasons. A proactive compliance audit is far less costly than responding to a formal enforcement action after one has been initiated. Contact our attorneys today before the next inspection cycle begins.

Agricultural compliance refers to an operation's adherence to federal and state regulations governing farm production, including environmental standards under the Clean Water Act and FIFRA, food safety requirements under FSMA, labor obligations under the FLSA and AWPA, and land use requirements under state zoning and federal conservation program rules. Which specific regulations apply depends on the size of the operation, the type of agricultural activity conducted, and whether the farm participates in federal assistance or H-2A visa programs.

EPA enforcement actions against agricultural operations are most commonly triggered by unpermitted discharges from CAFOs, unauthorized fill of jurisdictional wetlands, and violations of pesticide labeling requirements under FIFRA. Complaints from neighboring landowners, aerial surveillance, and routine inspection programs each serve as enforcement triggers. Civil penalties for Clean Water Act violations reach $25,000 per day of violation, with criminal penalties available for knowing and willful violations.

FSMA's Produce Safety Rule applies to farms with annual produce sales above $25,000. The full rule applies to farms with average annual sales above $500,000. Covered farms must meet water quality testing requirements, biological soil amendment restrictions, worker training and hygiene standards, and equipment sanitation requirements. Written food safety plans, monitoring records, and corrective action documentation must be maintained for a minimum of two years and are subject to FDA inspection.

The most common H-2A compliance violations involve housing condition deficiencies, failure to pay the applicable Adverse Effect Wage Rate, inadequate written job order disclosures, transportation safety failures, and insufficient record-keeping under AWPA. Violations result in civil penalties assessed per affected worker, debarment from the H-2A program, and back wage assessments covering the full period of non-compliant employment.

Yes. Each of the four primary agricultural regulatory agencies maintains independent enforcement authority. An operation can simultaneously face EPA penalties for a CAFO discharge violation, FDA enforcement for a produce safety deficiency, and DOL back wage assessments for AWPA violations arising from the same growing season. A multi-agency compliance program that addresses all four regulatory frameworks is the most reliable way to manage this exposure.

At a minimum, agricultural operations should conduct a formal compliance audit annually, before each growing season, and whenever a material change in operations occurs. Changes that trigger a new audit include expanding acreage or production volume above a regulatory threshold, adding new crops or product lines, initiating an H-2A worker program, or acquiring land with wetlands, conservation easements, or prior enforcement history. An attorney who handles environmental law compliance can structure an audit protocol that covers all applicable frameworks and produces a written remediation plan with prioritized timelines.