Bill Text: MI HB5278 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Agriculture; other; agricultural tourism; include in right to farm act. Amends sec. 2 of 1981 PA 93 (MCL 286.472).
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2009-09-02 - Printed Bill Filed 08/27/2009 [HB5278 Detail]
Download: Michigan-2009-HB5278-Introduced.html
HOUSE BILL No. 5278
August 26, 2009, Introduced by Reps. Espinoza, Terry Brown and Liss and referred to the Committee on Agriculture.
A bill to amend 1981 PA 93, entitled
"Michigan right to farm act,"
by amending section 2 (MCL 286.472), as amended by 1995 PA 94.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Agricultural tourism" means the practice of visiting an
agribusiness, horticultural, or agricultural operation, including,
but not limited to, a farm, orchard, or winery or a companion
animal or livestock show, for the purpose of recreation, education,
or active involvement in the operation, other than as a contractor
or employee of the operation.
(b) (a)
"Farm" means the land,
plants, animals, buildings,
structures, including ponds used for agricultural or aquacultural
activities, machinery, equipment, and other appurtenances used in
the commercial production of farm products.
(c) (b)
"Farm operation" means
the operation and management of
a farm or a condition or activity that occurs at any time as
necessary on a farm in connection with the commercial production,
harvesting, and storage of farm products, and includes, but is not
limited to:
(i) Marketing produce at roadside stands or farm markets.
(ii) The generation of noise, odors, dust, fumes, and other
associated conditions.
(iii) The operation of machinery and equipment necessary for a
farm including, but not limited to, irrigation and drainage systems
and pumps and on-farm grain dryers, and the movement of vehicles,
machinery, equipment, and farm products and associated inputs
necessary for farm operations on the roadway as authorized by the
Michigan vehicle code, Act No. 300 of the Public Acts of
1949,
being
sections 257.1 to 257.923 of the Michigan Compiled Laws 1949
PA 300, MCL 257.1 to 257.923.
(iv) Field preparation and ground and aerial seeding and
spraying.
(v) The application of chemical fertilizers or organic
materials, conditioners, liming materials, or pesticides.
(vi) Use of alternative pest management techniques.
(vii) The fencing, feeding, watering, sheltering,
transportation, treatment, use, handling and care of farm animals.
(viii) The management, storage, transport, utilization, and
application of farm by-products, including manure or agricultural
wastes.
(ix) The conversion from a farm operation activity to other
farm operation activities.
(x) The employment and use of labor.
(xi) Agricultural tourism.
(d) (c)
"Farm product" means
those plants and animals useful
to human beings produced by agriculture and includes, but is not
limited to, forages and sod crops, grains and feed crops, field
crops, dairy and dairy products, poultry and poultry products,
cervidae, livestock, including breeding and grazing, equine, fish,
and other aquacultural products, bees and bee products, berries,
herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock,
trees and tree products, mushrooms, and other similar products, or
any other product which incorporates the use of food, feed, fiber,
or fur, as determined by the Michigan commission of agriculture.
(e) (d)
"Generally accepted
agricultural and management
practices" means those practices as defined by the Michigan
commission of agriculture. The commission shall give due
consideration to available Michigan department of agriculture
information and written recommendations from the Michigan state
university college of agriculture and natural resources extension
and the agricultural experiment station in cooperation with the
United States department of agriculture natural resources
conservation service and the consolidated farm service agency, the
Michigan department of natural resources, and other professional
and industry organizations.
(f) (e)
"Person" means an
individual, corporation,
partnership, association, limited liability company, or other legal
entity.