SB 1318 - The act establishes the "Freedom to Farm Act" which provides that the right of farmers and ranchers, as defined in the act, to engage in farming and ranching practices for sale or personal consumption shall be free from government intervention and that practices occurring within the state shall not be infringed upon by the federal government under the regulation of interstate commerce. Any government entity in this state that restricts farming or ranching practices shall be held civilly liable to the farmer or rancher for injunctive and declaratory relief.
Additionally, no government measure shall restrict the production, manufacturing, distribution, or sale of supplements intended for human application, absorption, or consumption, or be deemed to enforce a compulsory marketing quota, poundage quota, or similar policy restricting the production of farming or ranching.
No penalty as a result of a violation of any provision of law, order, ordinance, rule, regulation, policy, or similar measure regarding protection of the environment shall require the closure of a farming or ranching operation or restrict the consumption or sale of food products.
Except for licenses required by law before August 28, 2024, no licensure shall be required for an individual to operate or engage in farming or ranching.
The right to access and the ability to afford food products, as defined in this act, shall not be infringed upon by restrictions based on an individual's credit score, credit worthiness, credit standing, or credit capacity, or presentation of an identification card.
Any farmer or rancher who sells food products of his or her farming or ranching operation that are fit for human consumption shall not be held civilly liable for injury or death arising from a condition of such food products if the farmer or rancher provides the following warning label stating: "WARNING: CONSUME AT YOUR OWN RISK".
The use of any form of environmental manipulation, as that term is defined in the act, is prohibited in this state. This provision shall not prevent the use of pesticides on any farming or ranching operations. Any person using forms of environmental manipulation shall be held civilly liable for damages resulting from such use.
The act repeals the provision allowing the Governor to control the sale or distribution of food and feed during a state of emergency. The Governor shall not have the authority to prevent farming or ranching, including restrictions on water usage on farming and ranching operation, or otherwise restrict the availability of food products or control the sale or distribution of food products, including rights to access affordable food as described in the act, and availability of feed for the functioning of farming or ranching operations.
The act repeals certain provisions regarding deeming certain agricultural operations as nuisances and provides that no agricultural operation or any of its appurtenances shall be deemed to be a nuisance, except for those agricultural operations or any of its appurtenances used for production of swine or swine products as described in the act, that unreasonably expand in violation of zoning laws or ordinances.
The act is identical to SB 84 (2023).
JULIA SHEVELEVA