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Assembly Commerce, Economic Development and Agriculture Committee Statement to Assembly, No. 4603 (October 24, 2024)

Summary

Assembly Commerce, Economic Development and Agriculture Committee statement to Assembly, No. 4603, State of New Jersey, dated October 24, 2024. The committee reports favorably Assembly Bill No. 4603, which would strengthen the legal protections provided to farmers under the “Right to Farm Act.” The statement says the bill would allow farmers to recover reasonable costs and attorney fees incurred in the defense of bad faith complaints against commercial agricultural operations, activities or structures. It says a farmer would apply to the county agriculture development board or the State Agriculture Development Committee after being found entitled to the irrebuttable presumption.

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Cite this document

“Assembly Commerce, Economic Development and Agriculture Committee Statement to Assembly, No. 4603 (October 24, 2024).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-10-24-ace-a4603-s1-eef093a72d/, SHA-256 404e9017d465c41a511e4de03f429df461722bfd532ae533f3db2c01d9ce5693.

Full text

ASSEMBLY COMMERCE, ECONOMIC DEVELOPMENT AND
           AGRICULTURE COMMITTEE

                          STATEMENT TO

                     ASSEMBLY, No. 4603

       STATE OF NEW JERSEY
                          DATED: OCTOBER 24, 2024

          The Assembly Commerce, Economic Development and
      Agriculture Committee reports favorably Assembly Bill No. 4603.
          This bill would strengthen the legal protections provided to
      farmers under the “Right to Farm Act.” Specifically, the bill would
      allow farmers to recover reasonable costs and attorney fees incurred in
      the defense of bad faith complaints against commercial agricultural
      operations, activities or structures when a county agriculture
      development board or the State Agriculture Development Committee
      (SADC), as applicable:
          1) finds the farmer is entitled to the irrebuttable presumption
      established under the “Right to Farm Act”; and
          2) determines, supported by a preponderance of the evidence, that
      the complaint was brought in bad faith and all or a portion of the costs
      and attorney fees are reasonable.
          Under the “Right to Farm Act,” the established irrebuttable
      presumption is that a commercial agricultural operation, activity or
      structure or specific operation or practice does not constitute a public
      or private nuisance, or does not otherwise invade or interfere with the
      use and enjoyment of any other land or property, if:
          1) the commercial agricultural operation, activity or structure
      conforms to agricultural management practices recommended and
      adopted by the SADC, or the specific operation or practice of the
      commercial agricultural operation has been determined to constitute a
      generally accepted agricultural operation or practice, either by the
      appropriate county agriculture development board or the SADC, as
      applicable; and
          2) the commercial agricultural operation, activity or structure or
      specific operation or practice complies with all relevant federal and
      State statutes and regulations, and does not pose a direct threat to
      public health and safety.
          Under the bill, a farmer seeking an award of reasonable costs and
      attorney fees would submit an application therefor to the county
      agriculture development board or the SADC as applicable, after being
      found entitled to the irrebuttable presumption. The county agriculture
      development board or the SADC would then determine, whether a
      preponderance of the evidence supports a determination that the
                                  2

complaint was made in bad faith and if the costs and fees, or a portion
thereof, are reasonable. If so, the county agriculture development
board or the SADC would issue an order for the person filing the
complaint to pay the reasonable costs and fees to the farmer.

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