Pennsylvania Act 1996-52 — AGRICULTURAL OPERATION - AMEND FARM EQUIPMENT AND MACHINERY

Act text

AGRICULTURAL OPERATION - AMEND FARM EQUIPMENT AND MACHINERY
                  Act of Jun. 12, 1996, P.L. 336, No. 52              Cl. 03
                             Session of 1996
                               No. 1996-52

     SB 1371

                                  AN ACT

     Amending the act of June 10, 1982 (P.L.454, No.133), entitled
        "An act protecting agricultural operations from nuisance
        suits and ordinances under certain circumstances," further
        defining "normal agricultural operation."

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The definition of "normal agricultural operation"
     in section 2 of the act of June 10, 1982 (P.L.454, No.133),
     entitled "An act protecting agricultural operations from
     nuisance suits and ordinances under certain circumstances," is
     amended to read:
      Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have, unless the context clearly indicates otherwise, the
     meanings given to them in this section:
        * * *
        "Normal agricultural operation."  The customary and generally
     accepted activities, practices, equipment and procedures that
     farmers adopt, use or engage in year after year in the
     production and preparation for market of poultry, livestock and
     their products and in the production and harvesting of
     agricultural, agronomic, horticultural, silvicultural and
     aquicultural crops and commodities and is:
            (1)  not less than ten contiguous acres in area; or
            (2)  less than ten contiguous acres in area but has an
        anticipated yearly gross income of at least $10,000.
     Use of equipment shall include machinery designed and used for
     agricultural operations, including, but not limited to, crop
     dryers, feed grinders, saw mills, hammer mills, refrigeration
     equipment, bins and related equipment used to store or prepare
     crops for marketing and those items of agricultural equipment
     and machinery defined by the act of December 12, 1994 (P.L.944,
     No.134), known as the Farm Safety and Occupational Health Act.
     Custom work shall be considered a normal farming practice.
        Section 2.  This act shall take effect immediately.

     APPROVED--The 12th day of June, A. D. 1996.

     THOMAS J. RIDGE