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        PRIOR PRINTER'S NO. 414                       PRINTER'S NO. 1974

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 371 Session of 1997


        INTRODUCED BY SCHULER, CLARK, ALLEN, HERSHEY, HENNESSEY,
           MAITLAND, TRUE, BARLEY, FARGO, HERMAN, SEMMEL, TRELLO,
           E. Z. TAYLOR, EGOLF AND STERN, FEBRUARY 10, 1997

        AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
           HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 9, 1997

                                     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     providing for definitions.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 2 of the act of June 10, 1982 (P.L.454,
     8  No.133), entitled "An act protecting agricultural operations
     9  from nuisance suits and ordinances under certain circumstances,"
    10  is amended to read:
    11  Section 2.  Definitions.
    12     The following words and phrases when used in this act shall
    13  have, unless the context clearly indicates otherwise, the
    14  meanings given to them in this section:
    15     "Agricultural commodity."  Agricultural, AQUACULTURAL,         <--
    16  horticultural, floricultural, viticultural and dairy products,
    17  livestock and the products thereof, ranch raised fur bearing
    18  animals and the products thereof, the products of poultry and

     1  bee raising, forestry and forestry products, and any and all
     2  products raised or produced on farms intended for human
     3  consumption and the processed or manufactured products thereof
     4  intended for human consumption, transported or intended to be
     5  transported in commerce.
     6     "Municipality."  A county, city, borough, incorporated town,
     7  township or a general purpose unit of government as established
     8  by the act of April 13, 1972 (P.L.184, No.62), known as the
     9  "Home Rule Charter and Optional Plans Law."
    10     "Normal agricultural operation."  The customary and generally
    11  accepted activities, practices and procedures that farmers
    12  adopt, use or engage in year after year in the production and
    13  preparation for market of poultry, livestock and their products
    14  and in the production [and], harvesting and preparation for
    15  market or use of agricultural, agronomic, horticultural,
    16  silvicultural and [aquicultural] AQUACULTURAL and commodities     <--
    17  and is:
    18         (1)  not less than ten contiguous acres in area; or
    19         (2)  less than ten contiguous acres in area but has an
    20     anticipated yearly gross income of at least $10,000.
    21     Section 2.  This act shall take effect immediately.






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