If someone uninvited shows up on your property from the United States Department of Agriculture (USDA) or your state agriculture department, what should you do? For starters, plan ahead and be prepared to take steps on multiple fronts—legal, political, and community. Below are some ideas that are not offered as legal advice, but are things others have found helpful.

Advisors & Allies. Build relationships with the following people, and keep their names and phone numbers handy in your wallet:

• A veterinarian you trust, who is willing to come out at any time;
• A local attorney, preferably experienced in agriculture matters and administrative law;
• Local law enforcement, if you have allies there—find out ahead of time;
• The local newspaper or TV news station;
• Your state and federal legislators, if you think they may be helpful;
• Two trusted neighbors who will call a few others in a “phone tree,” to come to your place so you have a few calm, level-headed people to witness what is happening.

Records. Keep records of any permits you are required to have for your property, routine inspections, health certificates, and tests done on your animals or property. Keep notes of conversations you have with officials. You don’t want to scramble to find these records when you need them. Consider keeping copies of important records somewhere else, such as at the home or office of one of your advisors.

Recordings. Try to have a pocket tape recorder or video camera readily available. Asking one of your neighbors to videotape may be easier than doing it yourself. When you later need to recall what happened, nothing works better than a contemporaneous record.

If you learn ahead of time that you will be visited by an ag official, use your contacts. If a warrant has been issued, the attorney may be able to quash the warrant in court, or at least bring a motion to quash, and slow things down. You may have time to arrange for your witnesses to be present when the agent arrives. Contact all your advisors in advance of the agent’s visit. If community members want to protest, insist on non-violence, unless you are fully prepared for the consequences. We all know examples of situations that erupted, causing injury or death.

If a USDA or state ag agent shows up at your door without warning, you still have a few options:

1. Ask for the person’s name, title, badge number if he or she has one, and the specific reason for the visit to your property. Ask if anyone has filed a complaint against you. Methodically write down the answers; don’t trust them to memory when you are under stress.
2. Ask for a warrant. If the agent has a warrant, get it to your attorney immediately. It may not be legally sufficient. If no warrant has been issued, state that you refuse to allow entry to your property without a warrant. If the agent comes onto your property anyway, ask for the specific statute and regulation under which he or she claims authority. Use your tape recorder to record the response, or at least immediately write it down.
3. Do not accept any oral statements or promises about test results, compensation, or anything else. Insist on a written and signed statement.
4. Ask if your vet can draw samples for independent testing of any alleged disease. If you are not allowed to use your own vet, ask for a written statement of the refusal, or at least get it on tape. If any samples are drawn, ask for the samples to be split so you can keep part of each sample. Make sure you preserve the samples appropriately; your vet can advise you how.
5. Make notes immediately after the event, while it is all fresh in your memory. Stick completely to the facts—what happened, who said what, and so forth. Do not include any personal opinions, background, or anything else that didn’t occur during the time the agent was on your property.

Legal Defense Fund. Consider arranging for the services of a legal defense fund, which you should do before the USDA is at your door. One is perhaps available through your professional organization or insurance. If not, develop a relationship with an independent legal defense fund, such as Farm-to-Consumer Legal Defense Fund (8116 Arlington Blvd Suite 263, Falls Church, VA 22042, phone 703-208-3276, www.ftcldf.org). This organization was established in July 2007 to support farmers selling directly to consumers. With some research, you can find others.

A little advance preparation will help you calmly handle a stressful situation and give you the upper hand. In the long run, you will have paved the way to success in the dispute—as the press, legislators, judges, and juries all like people who are polite and peaceful. Winning is the best revenge.

Karin Bergener of Ravenna, Ohio, is an attorney and co-founder of Liberty Ark Coalition. This article appeared in the Holiday 2007 issue of Rural Heritage.