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        PRIOR PRINTER'S NO. 1419                      PRINTER'S NO. 3211

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1231 Session of 1989


        INTRODUCED BY BUNT, MORRIS, RUDY, HERSHEY, JOHNSON, SCHEETZ,
           NOYE, GODSHALL, SEMMEL, MILLER, WASS, CARLSON, GRUPPO,
           BILLOW, DISTLER, LEH, BARLEY, BATTISTO, SAURMAN, SERAFINI,
           MOEHLMANN, ROBINSON, ALLEN, E. Z. TAYLOR, BROUJOS, TRELLO,
           SCHULER, BISHOP, BURD, J. H. CLARK AND LINTON, APRIL 19, 1989

        AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
           HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 20, 1990

                                     AN ACT

     1  Amending the act of June 10, 1982 (P.L.454, No.133), entitled
     2     "An act protecting agricultural operations from nuisance
     3     suits and ordinances under certain circumstances," further
     4     defining "normal agricultural operation" to include farm
     5     markets.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  The definition of "normal agricultural operation"
     9  in section 2 of the act of June 10, 1982 (P.L.454, No.133),
    10  entitled, "An act protecting agricultural operations from
    11  nuisance suits and ordinances under certain circumstances," is
    12  amended to read:
    13  Section 2.  Definitions.
    14     The following words and phrases when used in this act shall
    15  have, unless the context clearly indicates otherwise, the
    16  meanings given to them in this section:
    17     * * *


     1     "Normal agricultural operation."  The customary and generally
     2  accepted activities, practices and procedures that farmers
     3  adopt, use or engage in year after year in the production and
     4  preparation for market of poultry, livestock and their products
     5  and in the production and harvesting of agricultural, agronomic,
     6  horticultural, silvicultural and aquicultural crops and
     7  commodities and is:
     8         (1)  not less than ten contiguous acres in area; or
     9         (2)  less than ten contiguous acres in area but has an
    10     anticipated yearly gross income of at least $10,000.
    11  The term shall include the periodic operation of roadside retail
    12  markets offering for sale Pennsylvania agricultural crops or
    13  commodities, at least 25% 50% of which are grown on the farm      <--
    14  property encompassing the market and which is operated by the
    15  landowner or lessee of the land.
    16     Section 2.  This act shall take effect in 60 days.










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