The Family Farm Preservation Act will prevent a farming operation that abides by the current rules and regulations from being declared a public nuisance.
- Law-abiding farmers should not have to live with the fear of frivolous lawsuits or be forced to spend exorbitant legal fees to defend their lifestyle.
- The FFPA would not change any environmental rules or protect those who break the law.
- It does not prevent anyone from filing a lawsuit, but would afford law-abiding farmers some measure of protection and the right to farm.
- Since the revision of Alabama's CAFO regulations, there have been no new hog farms registered as CAFOs.
This act defines what a farm is, the activities and products produced on a farming operation and the rules and regulations for the operation of a farm. It states that the farmer maintains the right to farm if there is a change in the use of property located adjacent to or in the vicinity of the farm. It also stipulates that any person or party that sues a farmer for being a public nuisance and loses may have to pay the farmer's attorney fees and expenses.
- The FFPA strengthens the regulatory process by defining what farmers can and cannot do as well as defining "nuisance."
- It allows for the transfer of operation of the farm to another farm owner such as a family member, and it allows a farmer to expand his or her operation within the current rules and regulations.
- Family farms are the basic unit of agriculture and have contributed immensely to making it Alabama's number one industry. If they continue to disappear at the current rate, 20 percent of Alabamians will ultimately lose their jobs. With this legislation, farm families will be given further confidence that they can continue to use their land to provide the world's safest, most reliable food supply.
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