Oregon Right to Farm Update Mary Anne Nash Public Policy Counsel Oregon Farm Bureau Federation May 19, 2017

Oregon Right to Farm Oregon Right to Farm Consists of two elements: Immunity from trespass and nuisance lawsuits Prohibition on local law that makes farming practice a nuisance or trespass

Right to Farm: Definition of Farming Practice A mode of operation on a farm that: Is or may be used on a farm of a similar nature; Is a generally accepted, reasonable, and prudent method for the operation of the farm to obtain a profit in money (or may become generally accepted); Complies with applicable laws; and Is done in a reasonable or prudent manner. ORS 30.930

Right to Farm: Local Laws Right to farm prohibits local governments and special districts from adopting regulations or ordinances that make farm practices a nuisance or trespass (ORS 30.935) Applies on lands zoned for farm use. Practical Examples: Noise or odor ordinances Light (cannabis) Genetically engineered crops (Jackson Co. Case)

Right to Farm: Immunity from Suit No farm practice on lands zoned for farm use shall give rise to any private right of action or claim for relief based on nuisance and trespass (ORS 30.936) Definition of farming practice key Practice must be reasonable (goose cannon example) Practice must comply with applicable laws(drift example/cannabis question) Exception for damage to commercial agricultural products or death and serious injury Prevailing party fees (ORS 30.938)

Recent Right to Farm/Forest Cases Jackson County GE ban – local control. Jackson County passed a ban on genetically engineered crops in 2014. Wasn’t part of 2013 seed preemption bill because it had already qualified for the ballot. Growers of GE alfalfa challenged the ordinance, alleging it violated the prohibition on local governments regulating farming practices as a nuisance or trespass. The district court found that the ban did not violate right to farm because it was regulating harm to commercial agricultural products. It did not require a showing for harm. The court also noted the exclusion from the 2013 seed preemption bill. Case settled in 2015 Curry County Spray Case: Defense was raised by an aerial sprayer in a case regarding spray drift. OFB filed an amicus brief addressing proper right to farm analysis by court.

Recent Legislation SB 499 (2017) Bill sought to: Make changes to right to farm to alter the exempt claims from the immunity provisions; and Remove pesticide cause of actions from prevailing party fee provision Died in committee without hearing

Questions? Mary Anne Nash Public Policy Counsel Oregon Farm Bureau (541) 740-4062 maryanne@oregonfb.org