SB 84 - This act establishes the "Freedom to Farm Act" which provides that the right of farmers and ranchers, as defined in the act, to engage in farming and ranching practices for sale or personal consumption shall be free from government intervention and that practices occurring within the state shall not be infringed upon by the federal government under the regulation of interstate commerce. Any government department or agency in this state that restricts farming or ranching practices shall be held civilly liable to the farmer or rancher for injunctive and declaratory relief. Additionally, no government measure shall restrict the production, manufacturing, distribution, or sale of supplements intended for human application, absorption, or consumption, nor shall it be deemed to enforce a compulsory marketing quota, poundage quota, or similar policy restricting the production of farming or ranching. Furthermore, no penalty as a result of a violation of any provision of law, order, ordinance, rule, regulation, policy, or similar measure regarding protection of the environment shall require the closure of a farming or ranching operation or restrict the consumption or sale of food products. Except for licenses required by law before August 28, 2023, no licensure shall be required for an individual to operate or engage in farming or ranching.
The right to access and the ability to afford food products, as defined in this act, shall not be infringed upon by restrictions based on an individual's credit score, credit worthiness, credit standing, or credit capacity, nor shall presentation of an identification card be required. Any farmer or rancher may sell food products of his or her farming or ranching operation that are fit for human consumption and not be held civilly liable for injuries arising from a condition of such food products if a warning label stating "WARNING: CONSUME AT YOUR OWN RISK" is provided.
Furthermore, this act provides that the use of any form of environmental manipulation, as that term is defined in the act, is prohibited in this state. This provision shall not prevent the use of pesticides on any farming or ranching operations. Any person using forms of environmental manipulation shall be held civilly liable for damages resulting from such use.
Current law allows the Governor to control the sale or distribution of food and feed during a state of emergency. This act repeals this provision and provides that the Governor shall not have the authority to prevent farming or ranching or control the sale or distribution of food products. Current law also provides that no agricultural operation or any of its appurtenances shall be deemed to be a nuisance by any changed conditions in the locality thereof after the facility has been in operation for more than a year, when the facility was not a nuisance at the time it began and that such protected operations may reasonably expand as long as environmental codes, laws, and regulations are followed. This act repeals this provision and provides that no agricultural operation or any of its appurtenances shall be deemed to be a nuisance by any changed conditions in the locality thereof unless the agricultural operation or any appurtenance is used for the production of swine or swine products within a first class county, including charter counties, and unreasonably expands in violation of zoning laws or ordinances.
JULIA SHEVELEVA