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1997 SESSION

974817666
SENATE BILL NO. 1177
Offered January 20, 1997
A BILL to amend and reenact § 3.1-22.29 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 20 of Title 3.1 a section numbered 3.1-364.1 and by adding in Article 1 of Chapter 21 of Title 3.1 a section numbered 3.1-424.1 and by adding a section numbered 3.1-884.18:1, relating to on-farm sales of agricultural products.
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Patrons-- Hanger, Hawkins and Reynolds; Delegates: Darner, Dudley, Way and Wilkins
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Referred to the Committee on Agriculture, Conservation and Natural Resources
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Be it enacted by the General Assembly of Virginia:

1. That § 3.1-22.29 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Article 1 Chapter 20 of Title 3.1 a section numbered 3.1-364.1 and in Article 1 Chapter 21 of Title 3.1 a section numbered 3.1-424.1 and by adding a section numbered 3.1-884.18:1 as follows:

§ 3.1-22.29. When agricultural operations do not constitute nuisance.

A. No Except for agricultural operations producing and selling products in accordance with §§ 3.1-364.1, 3.1-424.1, or 3.1-884.18:1, no agricultural operation or any of its appurtenances shall be or become a nuisance, private or public, if such operations are conducted in accordance with existing best management practices and comply with existing laws and regulations of the Commonwealth. The provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or its appurtenances.

B. For the purposes of this chapter, "agricultural operation" shall mean any operation devoted to the bona fide production of crops, or animals, or fowl, including but not limited to the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts, tobacco, nursery and floral products; and the production and harvest of products from silviculture activity.

C. The provisions of subsection A shall not affect or defeat the right of any person, firm, or corporation to recover damages for any injuries or damages sustained by them on account of any pollution of, or change in condition of, the waters of any stream or on the account of any overflow of lands of any such person, firm, or corporation.

D. Any and all ordinances of any unit of local government now in effect or hereafter adopted that would make the operation of any such agricultural operation or its appurtenances a nuisance or providing for abatement thereof as a nuisance in the circumstance set forth in this section are and shall be null and void; however, the provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or any of its appurtenances.

§ 3.1-364.1. Exemptions.

The provisions of this chapter shall not apply to the production or sale of any food or agricultural product if such food or agricultural product is:

1. Sold by a farmer who personally engages in agricultural production and resides on the premises of the farm where it was produced;

2. Purchased by and delivered to a consumer on the premises of the farm where it was produced; and

3. Sold to a consumer who is purchasing the food or agricultural product for his own consumption or the consumption of his immediate household.

For the purposes of this section, "farm" means a tract of land devoted to agricultural production that contains a house in which the person or persons reside who actively engage in agricultural production on the tract.

The section shall not apply to the production or sale of any food or agricultural product unless (i) the farm where the food or product is produced and sold receives its water from a public water supply, or (ii) the operator of the farm where the food or product is produced and sold has the water supply tested and approved by the local health department every three years.

Nothing in this section shall be construed to limit any farmer's duty to provide a safe agricultural product to the consumer.

§ 3.1-424.1. Exemptions.

The provisions of this chapter shall not apply to the production or sale of any milk or milk product if:

1. Such milk or milk product is sold by a farmer who personally engages in agricultural production and resides on the premises of the farm where it was produced;

2. Such milk or farm-made milk product is purchased by and delivered to a consumer on the premises of the farm where it was produced;

3. Such milk or milk product is sold to a consumer who is purchasing the milk or milk product for his own consumption or the consumption of his immediate household;

4. Every dairy animal on the farm is certified as being free of brucellosis by the United States Department of Agriculture or the Virginia Department of Agriculture and Consumer Services;

5. Every dairy animal on the farm is certified as being free of tuberculosis by the United States Department of Agriculture or the Virginia Department of Agriculture and Consumer Services and no such animal has been vaccinated with any brucellosis vaccine; and

6. The farmer submits milk samples monthly to a laboratory for bacterial and coliform testing. This subdivision shall not apply to any farm that contains less than six cows and does not contain a bulk tank used for sheep or goat milk storage.

No person shall sell any milk or milk product to any person if any test conducted in accordance with subdivision 6 reveals the presence of more than 20,000 bacteria or 10 coliform organisms per milliliter of milk until two subsequent and consecutive monthly samples reveal that such levels are below 20,000 bacteria and 10 coliform organisms per milliliter of milk.

For the purposes of this section, "farm" means a tract of land devoted to agricultural production that contains a house in which the person or persons reside who actively engage in agricultural production on the tract.

The section shall not apply to the production or sale of any milk or milk product unless (i) the farm where the milk or milk product is produced and sold receives its water from a public water supply, or (ii) the operator of farm where the milk or milk product is produced and sold has the water supply tested and approved by the local health department every three years.

Nothing in this section shall be construed to limit any farmer's duty to provide a safe agricultural product to the consumer.

§ 3.1-884.18:1. Exemptions.

The provisions of this article shall not apply to the production or sale of any livestock product, meat food product or poultry product if such livestock product, meat food product or poultry product is:

1. Sold by a farmer who personally engages in agricultural production and resides on the premises of the farm where it was produced;

2. Purchased by and delivered to a consumer on the premises of the farm where it was produced; and

3. Sold to a consumer who is purchasing the milk or farm-made milk product for his own consumption or the consumption of his immediate household;

For the purposes of this section, "farm" means a tract of land devoted to agricultural production that contains a house in which the person or persons reside who actively engage in agricultural production on the tract.

The section shall not apply to the production or sale of any livestock product, meat food product or poultry product unless (i) the farm where the livestock product, meat food product or poultry product is produced and sold receives its water from a public water supply, or (ii) the operator of farm where the livestock product, meat food product or poultry product is produced and sold has the water supply tested and approved by the local health department every three years.

Nothing in this section shall be construed to limit any farmer's a duty to provide a safe agricultural product to the consumer.