Right to Farm Act Activities
What activities receive Right to Farm Act protection?
Florida’s Right to Farm Act provides protection to Florida farms. This includes protection from nuisance lawsuits and local government ordinances that limit or prohibit farming activities. Read more about Florida’s Right to Farm Act protections.
However, not all activities on your farm may be protected under Florida’s Right to Farm Act. The protection extends to “all conditions or activities which occur on a farm in connection with the production of farm, honey bee, or apiculture products.” This includes:
- the marketing of produce at roadside stands or farm markets;
- the operation of machinery and irrigation pumps;
- the generation of noise, odors, dust, and fumes; ground or aerial seeding and spraying;
- the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides;
- and the employment and use of labor.
Note: All of these activities must still conform to generally accepted agricultural principles.
What activities do NOT receive Right to Farm Act protection?
Section (4)(a) of Florida’s Right to Farm Act lists conditions that would constitute evidence of a nuisance. These conditions will not receive Right to Farm Act protection even if the farm meets all of the requirements.
1. The presence of untreated or improperly treated human waste, garbage, offal, dead animals, dangerous waste materials, or gases which are harmful to human or animal life.
2. The presence of improperly built or improperly maintained septic tanks, water closets, or privies.
3. The keeping of diseased animals which are dangerous to human health, unless such animals are kept in accordance with a current state or federal disease control program.
4. The presence of unsanitary places where animals are slaughtered, which may give rise to diseases which are harmful to human or animal life
