PRIOR PRINTER'S NO. 1133 PRINTER'S NO. 2056
No. 986 Session of 1989
INTRODUCED BY HOLL, MAY 31, 1989
SENATOR HELFRICK, AGRICULTURE AND RURAL AFFAIRS, AS AMENDED,
MARCH 27, 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,"
4 authorizing direct commercial sales of agricultural
5 commodities.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 3 of the act of June 10, 1982 (P.L.454,
9 No.133), entitled "An act protecting agricultural operations
10 from nuisance suits and ordinances under certain circumstances,"
11 is amended to read:
12 Section 3. Limitation on local ordinances.
13 (a) Every municipality shall encourage the continuity,
14 development and viability of agricultural operations within its
15 jurisdiction. Every municipality that defines or prohibits a
16 public nuisance shall exclude from the definition of such
17 nuisance any agricultural operation conducted in accordance with
18 normal agricultural operations so long as the agricultural
1 operation does not have a direct adverse effect on the public
2 health and safety.
3 (b) Direct commercial sales of agricultural commodities upon
4 property owned and operated by a landowner who produces not less
5 than 50% of the commodities sold shall be authorized,
6 notwithstanding municipal ordinance, public nuisance or zoning
7 prohibitions. SUCH DIRECT SALES SHALL BE AUTHORIZED WITHOUT <--
8 REGARD TO THE 50% LIMITATION UNDER CIRCUMSTANCES OF CROP FAILURE
9 DUE TO REASONS BEYOND THE CONTROL OF THE LANDOWNER.
10 Section 2. This act shall take effect in 60 days.
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