Pennsylvania Act 1992-6 — AGRICULTURAL OPERATIONS - AMEND COMMERCIAL SALES OF COMMODITIES

Act text

AGRICULTURAL OPERATIONS - AMEND COMMERCIAL SALES OF COMMODITIES
                   Act of Mar. 19, 1992, P.L. 17, No. 6               Cl. 03
                             Session of 1992
                                No. 1992-6

     SB 166

                                  AN ACT

     Amending the act of June 10, 1982 (P.L.454, No.133), entitled
        "An act protecting agricultural operations from nuisance
        suits and ordinances under certain circumstances,"
        authorizing direct commercial sales of agricultural
        commodities.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 3 of the act of June 10, 1982 (P.L.454,
     No.133), entitled "An act protecting agricultural operations
     from nuisance suits and ordinances under certain circumstances,"
     is amended to read:
      Section 3.  Limitation on local ordinances.
        (a)  Every municipality shall encourage the continuity,
     development and viability of agricultural operations within its
     jurisdiction. Every municipality that defines or prohibits a
     public nuisance shall exclude from the definition of such
     nuisance any agricultural operation conducted in accordance with
     normal agricultural operations so long as the agricultural
     operation does not have a direct adverse effect on the public
     health and safety.
        (b)  Direct commercial sales of agricultural commodities upon
     property owned and operated by a landowner who produces not less
     than 50% of the commodities sold shall be authorized,
     notwithstanding municipal ordinance, public nuisance or zoning
     prohibitions. Such direct sales shall be authorized without
     regard to the 50% limitation under circumstances of crop failure
     due to reasons beyond the control of the landowner.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 19th day of March, A. D. 1992.

     ROBERT P. CASEY