Bill Text: MI HB5278 | 2009-2010 | 95th Legislature | Introduced

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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

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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.