ActHOUSE No.PROPOSAL OF AMENDMENT S.45 Page 1 of 7 S.45 An act relating to protection from nuisance suits for agricultural activities The House proposes to the Senate to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

61Sec. Page 1 of 1 This act summary is provided for the convenience of the public and members of the General Assembly.

It1. is intended to provide a general summary of the act and may not be exhaustive.

It12 hasV.S.A. been prepared by the staff of the Office of Legislative Counsel without input from members of the General Assembly.

Itchapter 195 is notamended intended to aidread: in the interpretation of legislation or to serve as a source of legislative intent.

ActCHAPTER No.195.

61NUISANCE (S.45).SUITS AGAINST AGRICULTURAL ACTIVITIES § 5751.

AnLEGISLATIVE actFINDINGS relatingAND toPURPOSE protectionThe fromGeneral nuisanceAssembly suitsfinds forthat agricultural activitiesproduction Subjects:is a major contributor to the State’s economy;

Courtthat procedure;agricultural lands constitute unique and irreplaceable resources of statewide importance;

agriculture;that the continuation of existing and the initiation of new agricultural activities preserve the landscape and environmental resources of the State, contribute to the increase of tourism, and further the economic welfare and self-sufficiency of the people of the State;

right-to-farm;and that the encouragement, development, improvement, and preservation of agriculture will result in a general benefit to the health and welfare of the people of the State.

nuisanceIn suits;order for the agricultural industry to survive in this State, farms will likely change, adopt new technologies, and diversify into new products, which for some farms will mean increasing in size.

The General Assembly finds that agricultural activities Thisare actpotentially amendssubject to lawsuits based on the right-to-farmtheory protectionof fromnuisance, nuisanceand that these suits providedVT toLEG farmers.#383939 v.1 HOUSE PROPOSAL OF AMENDMENT S.45 Page 2 of 7 encourage and could force the premature removal of the farmlands and other farm resources from agricultural use.

TheIt actis addsthe apurpose newof definitionthis ofchapter “generallyto acceptedprotect reasonable agricultural practices”activities toconducted whichon nuisancethe protectionfarm wouldfrom apply.nuisance lawsuits.

“Generally§ accepted5752. agricultural practices” are defined to mean the State water quality requirements for farms, if applicable;

DEFINITIONS For the requirementspurpose of ConcentratedAs Animalused Feedingin Operationthis permits,chapter,: if applicable;

the(1) requirements“agricultural ofAgricultural theactivity” State’smeans, Rulebut foris Controlnot oflimited Pesticides;to:

and(1)(A) practicesthe conductedcultivation inor aother manneruse consistentof withland properfor andproducing acceptedfood, customsfiber, andChristmas standardstrees, followedmaple bysap, similaror operatorshorticultural ofand agriculturalorchard activitiescrops; in the State.

Thethe actraising, amendsfeeding, theor standardsmanagement thatof providedomestic farmsanimals withas protectiondefined fromin nuisance6 suits.V.S.A.

The§ act1151 provides that no agricultural activity shall be or becomebees; a nuisance when the activity is conducted in accordance with generally accepted agricultural practices.

However, the actoperation provides that a farmer must be in good standing with the Agency of Agriculture,greenhouses; Food and Markets and the Agency of Natural Resources in order to assert nuisance protection.

Good standing can be shown by letters from the Secretariesproduction of themaple agencies.syrup;

The act also clearly states that the plaintiffon-site shallstorage, havepreparation, theand burdensale of proofagricultural byproducts theprincipally preponderanceproduced ofon the evidencefarm; to show that a farmer is not entitled to nuisance protection and is a nuisance.

Inand addition,the aon-site farmerproduction shallof notfuel receiveor nuisancepower protectionfrom ifagricultural theproducts nuisanceor violationwastes resultsprincipally fromproduced on the negligentfarm; operation of an agricultural activity;

(2)(B) the agriculturalpreparation, activitytilling, hasfertilization, aplanting, substantialprotection, adverseirrigation, effectand onharvesting health, safety, or welfare based upon objective, documented medical or scientific evidence that the agricultural activity was the proximate cause of thecrops; alleged effect;

orthe acomposting reasonableof personmaterial wouldprincipally findproduced thatby the agriculturalfarm activityor wasto abe proximateused causeat ofleast ain noxiouspart andon significant interference with the usefarm; and enjoyment of the neighboring property.

Thethe actditching providesand thatsubsurface thedrainage rightof to farm lawfields protectionand fromthe nuisanceconstruction is to be liberally construed by courts to effectuate its purpose of protectingfarm reasonableponds; agricultural activities from lawsuits.

Thethe acthandling also provides that a person shall not bring a court action based on a claim of nuisancelivestock arisingwastes from an agricultural activity unless the person and theby-products; farmer, at least once, attempt to resolve the issue through mediation.

Effectiveand Date:the on-site storage and application of agricultural inputs, including lime, fertilizer, and pesticides;

July(3)(C) 1,“farming” 2025as VTdefined LEGin #38412410 v.2V.S.A.

§ 6001;

and VT LEG #383939 v.1 HOUSE PROPOSAL OF AMENDMENT S.45 Page 3 of 7 (4)(D) “agricultural activities” as defined in 6 V.S.A.

§ 4802.

(2) “Generally accepted agricultural practices” mean:

(A) the requirements of 6 V.S.A.

chapter 215, including permit requirements or requirements of the Required Agricultural Practices, where applicable;

(B) the requirements of an active Concentrated Animal Feeding Operation permit issued under 10 V.S.A.

chapter 47, where applicable;

(C) the requirements of the Agency of Agriculture, Food and Markets’ Vermont Rule for Control of Pesticides;

and (D) practices conducted in a manner consistent with proper and accepted customs and standards followed by similar operators of agricultural activities in the State.