House Bill 157

AN ACT TO AMEND SECTION 69-1-1, MISSISSIPPI CODE OF 1972, TO DECLARE THE POLICY OF THE STATE OF MISSISSIPPI TO CONSERVE, PROTECT AND ENCOURAGE THE DEVELOPMENT AND IMPROVEMENT OF AGRICULTURE AND AGRICULTURAL OPERATIONS CONDUCTED BY MISSISSIPPIANS TO MAINTAIN A RIGHT TO FARM USING ALL GENERALLY ACCEPTED FARMING AND LIVESTOCK PRODUCTION PRACTICES, INCLUDING THE USE OF EVER-CHANGING TECHNOLOGY; TO PRESCRIBE THE DUTIES OF THE DEPARTMENT OF AGRICULTURE AND COMMERCE WITH REGARD TO PROTECTING AND PROMOTING THOSE RIGHTS; TO AMEND SECTION 95-3-29, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF "AGRICULTURAL OPERATION" UNDER THE "FREEDOM TO FARM ACT" TO INCLUDE THE USE OF SCIENTIFIC AND TECHNOLOGICAL ADVANCEMENTS; TO EXEMPT AGRICULTURAL OPERATIONS FROM NUISANCE ACTIONS SUBJECT TO CERTAIN CONDITIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 69-1-1, Mississippi Code of 1972, is amended as follows:

69-1-1. (1) A Department of Agriculture and Commerce is created and established under the management and control of a public officer to be known as the Commissioner of Agriculture and Commerce, who shall have competent knowledge of agriculture, mining, manufacturing, statistics and general industries, must be an experienced and practical agriculturist; and shall be elected by the people at the time and in the manner that other state officers are elected.

(2) (a) The Legislature declares that it is the policy of the state to conserve, protect and encourage the development and improvement of agriculture, agricultural operations and agricultural lands for the production of food, fuel, fiber and other agricultural products. Title 69, Mississippi Code of 1972, shall be construed to protect the rights of farmers to choose among all generally accepted farming and livestock production practices, including the use of ever-changing technology.

(b) The Department of Agriculture and Commerce shall promote the growth of agricultural operations by the following methods:

(i) Assisting agricultural operations with the permit process required to conduct the desired agricultural practice in Mississippi; and

(ii) Serving as liaison between agricultural businesses, federal and state agencies, its political subdivisions and local units of government.

SECTION 2. Section 95-3-29, Mississippi Code of 1972, is amended as follows:

95-3-29. (1) (a) In any nuisance action, public or private, against an agricultural operation, including forestry activity, proof that the agricultural operation, including forestry activity, has existed for one (1) year or more is an absolute defense to the nuisance action, if the operation is in compliance with all applicable state and federal permits.

(b) An agricultural operation or any of its appurtenances is not and does not become a nuisance, private or public, by any changed conditions in the vicinity of the locality after the agricultural or industrial operation, as the case may be, has been in operation continuously on the locality for more than one (1) year if the following conditions exist:

(i) There is no significant change in the type of operation. A significant change in the type of agricultural operation does not include the following:

1. The conversion from one (1) type of agricultural operation to another type of agricultural operation;

2. A change in the ownership or size of the agricultural operation;

3. The enrollment or the reduction or cessation of participation of the agricultural operation in a government program; or

4. Adoption of new technology by the agricultural operation; or

(ii) The operation would not have been a nuisance at the time the agricultural operation began in that locality.

(2) The following words and phrases as used in this section shall have the meanings given them in this section:

(a) "Agricultural operation" includes, without limitation, any facility or production site for the production and processing of crops, or products thereof, livestock, or products thereof, farm-raised fish and fish products, livestock products, honeybees, honey and other products of the beehive, wood, timber or forest products, fowl or plants for breeding or sales and poultry or poultry products for commercial or industrial purposes. "Agricultural operation" also includes the use of farm machinery, equipment, devices, chemicals, products, scientific and technological advancements for agricultural use, materials and structures designed for agricultural use and used in accordance with best agricultural management practices and are in compliance with any applicable state and federal permits.

(b) "Forestry activity" means any activity associated with the reforesting, growing, managing, protecting and harvesting of timber, wood and forest products including nongame species.

(c) "Traditional farm practices" means those accepted customs and standards established and followed by similar agricultural operations under similar circumstances.

(d) "Scientific and technological advancements" means the various farming techniques and methods that extend beyond the scope of generally accepted customs and standards established and used in traditional farm practices.

(3) The provisions of this section shall not be construed to affect any provision of the "Mississippi Air and Water Pollution Control Law."

(4) This section shall not affect actions commenced prior to July 1, 1980.

SECTION 3. This act shall take effect and be in force from and after July 1, 2016.