Welcome to the future of farming where you are bombarded By Legislation And under constant risk of prosecution or legal action.
On the farm it can seem more and more legal obligations are springing up, and many come with the scurry of inspectors and field staff lugging their mandates onto our farms. Now, a noted crop adviser from Stratford, Ont. says every farmer needs an inspection plan.
“There will be more and more inspections,” says Pat Lynch.
Today is the time to give serious thought to how you will deal with inspections, says Lynch, adding it’s far better to do that thinking before the inspectors arrive than when you’re dealing with the stress of an inspection.
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There’s a big difference between being investigated and inspected, Lynch points out. Inspections are usually more or less random. A certain number of farms need to be inspected, and your number came up. On the other hand, an investigation is gathering information and evidence to support the prosecution of a suspected violation. In most investigations, a search warrant is required.
Be aware, though, that an inspection can turn into an investigation if the officer suspects a violation.
Lynch suggests that by dealing with inspectors more professionally, you can reduce the risk of charges, drop your stress, and be better prepared for litigation if it happens.
Step #1.Can I see your I.D. please? When inspectors arrive, ask for identification and certification. Also ask for the purpose of their visit and under which authority or act the inspection or investigation is being carried out. Be polite and write it down.
If it’s an investigation, you should ask for a search warrant and call your lawyer. You’re required to go along with the investigation but you can ask the enforcement officer to delay the investigation until after you have contacted your lawyer. Although this seems reasonable, the officer can refuse to wait, and you can’t legally try to stop them.
Step #2.Pick the date. With inspections you often have control over when the inspection takes place.
To reduce stress, tell the inspector you’re concerned about time commitments and seek a day when you’re not rushed.
Step #3.Use a buddy system. “Never go through an inspection process by yourself,” says Lynch. “My rule of negotiating is that whoever has the most people has a better chance of winning.” Always have one more person at your side than the inspector does. This avoids one person’s word against your word.
In case of a surprise inspection, arrange ahead with a neighbour or friend to be on-call. If your buddy can’t make it immediately, either record the inspection or turn on your cell phone so your neighbour can hear the discussions.
Step #4.Plan a route. Always accompany the inspector as they examine the property. If you have time before the inspection, take a few minutes to think about the route or even walk it to look for possible infractions.
If the officer takes a sample or a photograph, then you should take a sample or photograph of the same thing, suggests Lynch. If the officer takes a copy of a document, make a note of the document title and the time it was taken.
Step #5.Don’t react. If you don’t like or understand a question, ask the inspector to rephrase it, or ask for clarification.
Don’t try to answer questions that you don’t know the answer to. Write the question down and tell the inspector you will get the answer to them.
Step #6.Don’t give them more than they need. “If you can answer their question with ‘yes’ or ‘no,’ answer it that way,” Lynch says.
Don’t underestimate the inspectors. Many are highly trained cross-examiners or investigators. When a legal inspection is underway, the owner or occupier of the premises must give the inspector all reasonable assistance and furnish all relevant information they require. However, you don’t need to give them more and your lawyer may be able to decipher what’s pertinent to the case or not.
Step #7.Write it down. At the start of the visit, write down the inspectors’ names, time of arrival and credentials. “There are a number of fraudulent inspectors,” says Lynch. “If you think the credentials appear fake, ask to speak to their superior.”
Soon after the visit, write down what happened, what was said, and the date and duration of the meeting. On some cell phones you can even record the transactions. The inspectors will have to write a report of the meeting and you should ask for a copy.
At the end of the visit, the inspector may want you to sign a record of the visit. You’re obligated to sign it but not right away. Instead ask them to leave a copy with you to review before signing.
Step #8.Don’t make it personal. If charged and you have a corporation, immediately move the individual’s name out of the picture so the charge is against the company. The person instead is just an employee.
Secondly, get another person to talk on the person’s behalf. As stress level goes up, discretion may go out the door. Most people want to remove themselves from a stressful situation, even if they’re innocent.
Some inspectors like to show their power but more are just trying to do a job, says Lynch. This latter group would rather have you remedy a situation than charge you.
Step #9.Own up to it. If an inspection exposes something that you’ve done wrong, the sooner you own up to it the better, after you consult your lawyer.
“There are farmers who are breaking the law and this is negatively impacting all producers,” says Lynch. “But I say educate instead of fine.”CG
