Missouri : 2024 Regular Session : BILL SB1318
Establishes the Freedom to Farm Act and modifies provisions relating to the Governor's emergency powers and agricultural operations as nuisances
Sponsor: Sen Mike Moon
Bill Details
Establishes the Freedom to Farm Act and modifies provisions relating to the Governor's emergency powers and agricultural operations as nuisances
Bill summary
Proposed Meaning: Identical to the previous year's SB 84, this bill was a reintroduction of the "Freedom to Farm Act". Its primary purpose was to protect agricultural operations from nuisance claims and government regulation while explicitly banning "environmental manipulation" within the state. The definition of prohibited activities included dispersing substances to act as cloud condensation nuclei or dropping agents from aircraft to alter the atmosphere. The bill also sought to repeal existing provisions that allowed the Governor to control the sale or distribution of food and feed during a declared state of emergency. Enforcement and Penalties: Enforcement provisions remained civil rather than criminal. The bill mandated that any person using environmental manipulation would be held civilly liable for any resulting damages. Additionally, the text provided legal immunity for farmers regarding certain product liabilities if they applied a "WARNING: CONSUME AT YOUR OWN RISK" label to their products.
History
The bill was filed on January 10, 2024, receiving its first reading, and subsequently a second reading on January 25, 2024. After the second reading, it was referred to the Agriculture, Food Production and Outdoor Resources Committee for further consideration. The next steps involve the committee holding hearings and possibly voting on the bill, which will determine if it can proceed to the next stages of the legislative process. The bill is still active and has not yet passed or failed.
- Wed 10 Jan 2024 S First Read
- Thu 25 Jan 2024 Second Read and Referred S Agriculture, Food Production and Outdoor Resources Committee
Supplementary documents
No supplementary documents available
Bill text
Establishes the Freedom to Farm Act and modifies provisions relating to the Governor's emergency powers and agricultural operations as nuisances
SECOND REGULAR SESSION SENATE BILL NO. 1318
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOON.
AN ACT
To repeal sections 44.100 and 537.295, RSMo, and to enact in lieu thereof three new sections relating to agriculture.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 44.100 and 537.295, RSMo, are repealed and three new sections enacted in lieu thereof, to be known as sections 1.400, 44.100, and 537.295, to read as follows:
1.400. 1. This section shall be known and may be cited as the "Freedom to Farm Act".
2. As used in this section, the following terms mean:
(1) "Environmental manipulation":
(a) A type of weather modification that aims to change the amount or type of precipitation that falls from clouds by dispersing substances into the air that serve as cloud condensation or ice nuclei, which alter the microphysical processes within the cloud; or
(b) Pollution or biological agents dropped from any form of aircraft designed to alter the earth's atmosphere, manipulate the environment, or cause harm to food supply;
(2) "Farmer" or "rancher", an individual who engages in farming or ranching whether for profit or not for profit or personal consumption;
(3) "Farming" or "ranching", the use or cultivation of the land for production of agricultural crops, livestock or livestock products, poultry or poultry products, milk or dairy products, or fruit or other horticultural products;
(4) "Food products", any products of farming or ranching that are fit for human consumption, including meats, poultry, fish, dairy products, eggs, fruits and vegetables, but shall not include marijuana, tobacco, or alcohol products.
3. The right of farmers and ranchers to engage in farming and ranching practices for sale or personal consumption shall be guaranteed free from government intervention and such practices occurring within this state shall not be infringed upon by the federal government under the regulation of interstate commerce.
4. Any department or agency of this state or of any political subdivision thereof that enacts, adopts, maintains, or enforces any provision of law, order, ordinance, rule, regulation, policy, or other similar measure that restricts farming or ranching practices for sale or personal consumption shall be held civilly liable to the farmer or rancher for injunctive and declaratory relief.
5. No provision of law, order, ordinance, rule, regulation, policy, or other similar measure shall:
(1) Restrict the production, manufacturing, distribution, or sale of any herbal, nutritional, vitamin, dietary, mineral, or other supplement intended for human application, absorption, or consumption; or
(2) Be deemed to enforce a compulsory marketing quota, poundage quota, or similar policy restricting the production of farming or ranching, including the implementation of penalty provisions for violation of such policies.
6. No penalty as a result of a violation of any provision of law, order, ordinance, rule, regulation, policy, or similar measure enacted, adopted, maintained, or enforced by any department or agency of this state or any political subdivision thereof regarding the protection of the environment shall require the closure of a farming or ranching operation or restrict the consumption or sale of food products.
7. Except for any license required by statute or regulation before August 28, 2024, no department or agency of this state or political subdivision thereof shall require the licensure of an individual to operate or engage in farming or ranching.
8. The right to access and the ability to afford food products shall not be infringed upon in this state through restrictions based on an individual's credit score, credit worthiness, credit standing, or credit capacity, or presentation of an identification card of any kind.
9. Any farmer or rancher of this state that sells food products of his or her farming or ranching operation, which are fit for human consumption at the time of sale, shall not be held civilly liable for injury or death arising from a condition of such food products if he or she provides the following warning label on the food products: "WARNING: CONSUME AT YOUR OWN RISK.".
10. The use of any form of environmental manipulation is prohibited in this state. This subsection shall not prevent the use of pesticides on any farming or ranching operation within this state. Any person using a form of environmental manipulation shall be held civilly liable for any damages, including actual damages and injunctive relief, as the result of the use of such environmental manipulation.
44.100. 1. The emergency powers of the governor shall be as follows:
(1) The provisions of this section shall be operative only during the existence of a state of emergency (referred to in this section as "emergency" ). The existence of an emergency may be proclaimed by the governor or by resolution of the legislature, if the governor in his proclamation, or the legislature in its resolution, finds that a natural or man-made disaster of major proportions has actually occurred within this state, and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section;
(2) Any emergency, whether proclaimed by the governor or by the legislature, shall terminate upon the proclamation thereof by the governor, or the passage by the legislature, of a resolution terminating such emergency;
(3) During the period that the state of emergency exists or continues, the governor shall:
(a) Enforce and put into operation all plans, rules and regulations relating to disasters and emergency management of resources adopted under this law and to assume direct operational control of all emergency forces and volunteers in the state;
(b) Take action and give directions to state and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with the provisions of this law and with the orders, rules and regulations made pursuant thereof;
(c) Seize, take or requisition to the extent necessary to bring about the most effective protection of the public:
a. Any means of transportation, other than railroads and railroad equipment and fuel, and all fuel necessary for the propulsion thereof;
b. Any communication system or part thereof necessary to the prompt and efficient functioning of the emergency management of the state;
c. All stocks of fuel;
d. Facilities for housing, feeding and hospitalization of persons, including buildings and plants;
(d) Control, restrict and regulate by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation or other means the use, sale or distribution of fuel, clothing and other commodities, materials, goods or services, except the governor shall not have the authority to prevent farming or ranching, as those terms are defined in section 1.400, including restrictions on water usage on farming or ranching operations, or otherwise restrict the availability of food products or control the sale or distribution of food products, as that term is defined in section 1.400, including rights protected by subsection 8 of section 1.400 and availability of feed for the functioning of farming or ranching operations;
(e) Prescribe and direct activities in connection with but not limited to use, conservation, salvage and prevention of waste of materials, services and facilities, including production, transportation, power and communication facilities, training and supply of labor, utilization of industrial plants, health and medical care, nutrition, housing, including the use of existing and private facilities, rehabilitation, education, welfare, child care, recreation, consumer protection and other essential civil needs;
(f) Use or distribute all or any of this property among the inhabitants of the state in any area adversely affected by a natural or man-made disaster and to account to the state treasurer for any funds received thereof;
(g) Waive or suspend the operation of any statutory requirement or administrative rule regarding the licensing, certification or issuance of permits evidencing professional, mechanical or other skills;
(h) Waive or suspend the operation of any statutory requirement or administrative rule prescribing procedures for conducting state business, where strict compliance with such requirements and rules would prevent, hinder, or delay necessary action by the department of health and senior services to respond to a declared emergency or increased health threat to the population;
(i) In accordance with rules or regulations, provide that all law enforcement authorities and other emergency response workers and agencies of other states who may be within this state at the request of the governor or pursuant to state or local mutual-aid agreements or compacts shall have the same authority and possess the same powers, duties, rights, privileges and immunities as are possessed by like law enforcement authorities and emergency response workers and agencies of this state;
(j) Perform and exercise such other functions, powers and duties as may be necessary to promote and secure the safety and protection of the civilian population;
(k) Authorize the director of finance and the director of credit unions to waive or suspend the operation of any statutory requirement or administrative rule applicable to the division of finance, banking, financial services, or the division of credit unions and take action and give direction to banks, credit unions, and financial institutions, including coordinating actions with emergency responders, federal agencies, and state banking and credit union associations as may be reasonable and necessary to preserve the safety and soundness of banks, credit unions, and financial institutions; and facilitate disaster response and recovery efforts to serve essential civil needs and protect the public interest.
2. When any property is seized, taken or requisitioned under this section, the circuit court of the county in which the property was taken may, on the application of the owner thereof or on the application of the governor in cases where numerous claims may be filed, appoint three disinterested commissioners in the manner provided by section 523.040 to assess the damages which the owners may have sustained by reason of the appropriation thereof. Upon the application the amount due because of the seizure of property shall be determined in the manner provided in chapter 523 for the determination of damages in case of the exercise of the power of eminent domain.
537.295. 1. No agricultural operation or any of its appurtenances shall be deemed to be a nuisance, private or public, by any changed conditions in the locality thereof, except for those agricultural operations or any of its appurtenances used for production of swine or swine products located within counties of the first classification, including those counties of the first classification with a charter form of government, that unreasonably expand in violation of zoning laws or ordinances. The protected status of an agricultural operation, once acquired, shall be assignable, alienable, and inheritable. The protected status of an agricultural operation, once acquired, shall not be waived by the temporary cessation of farming or by diminishing the size of the operation. The provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or its appurtenances.
2. As used in this section the term "agricultural operation and its appurtenances" includes, but is not limited to, any facility used in the production or processing for commercial purposes of crops, livestock, swine, poultry, livestock products, swine products or poultry products.
3. The provisions of this section shall not affect or defeat the right of any person, firm or corporation to recover damages for any injuries sustained by it as a result of the pollution or other change in the quantity or quality of water used by that person, firm or corporation for private or commercial purposes, or as a result of any overflow of land owned by or in the possession of any such person, firm or corporation.
4. The provisions of this section shall not apply to any nuisance resulting from an agricultural operation located within the limits of any city, town or village on August 13, 1982.
5. In any nuisance action brought in which an agricultural operation is alleged to be a nuisance, and which is found to be frivolous by the court, the defendant shall recover the aggregate amount of costs and expenses determined by the court to have been reasonably incurred in his behalf in connection with the defense of such action, together with a reasonable amount for attorneys fees.
Current Bill Summary
SB 1318 - The 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 entity 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, or be deemed to enforce a compulsory marketing quota, poundage quota, or similar policy restricting the production of farming or ranching.
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, 2024, 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, or presentation of an identification card.
Any farmer or rancher who sells food products of his or her farming or ranching operation that are fit for human consumption shall not be held civilly liable for injury or death arising from a condition of such food products if the farmer or rancher provides the following warning label stating: "WARNING: CONSUME AT YOUR OWN RISK".
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.
The act repeals the provision allowing the Governor to control the sale or distribution of food and feed during a state of emergency. The Governor shall not have the authority to prevent farming or ranching, including restrictions on water usage on farming and ranching operation, or otherwise restrict the availability of food products or control the sale or distribution of food products, including rights to access affordable food as described in the act, and availability of feed for the functioning of farming or ranching operations.
The act repeals certain provisions regarding deeming certain agricultural operations as nuisances and provides that no agricultural operation or any of its appurtenances shall be deemed to be a nuisance, except for those agricultural operations or any of its appurtenances used for production of swine or swine products as described in the act, that unreasonably expand in violation of zoning laws or ordinances.
The act is identical to SB 84 (2023).