Page 93 - Summer 2019 Journal

court ruled that the law violated people’s right to free speech. Within weeks, the Iowa legislature passed another bill with much the same effect. The new law deems a person a trespasser if they use deception to gain access to a farm to cause physical or economic harm—such as causing loss of sales due to exposing illegal activity.
It’s important to recognize that there are already laws that make trespass illegal, as well as criminalizing activity that leads to physical harm to animals, crop destruction or other legitimate property interests. Ag-gag laws are about increasing the penalties and scope of these laws to give special, unique protection to agribusinesses and help them to hide when they are acting unethically, illegally or even dangerously.
We see a similar misuse of power in the realm of “right to farm” laws. While it is an appealing sounding concept—particularly for our community, which has struggled with regulations that threaten to push people out of farming—the laws in place in most states primarily protect the large-scale industrial operations that truly are bad neighbors.
A recent case in Indiana illustrates the problem. In Himsel v. Himsel, the defendant farm had been farming on the land for several decades, primarily raising crops. In 2012, the farmer decided to convert to a hog operation housing eight thousand hogs in two large buildings, establishing a confined animal feeding operation (CAFO). The plaintiffs who lived nearby had no objection to the previous farming operations, but they filed suit against the confinement hog operation. In particular, the plaintiffs complained that the odor of the CAFO diminished their quality of life and property value, and altered their daily activities.
The trial court granted judgment in favor of the CAFO, and the ap- peals court upheld that verdict in May of this year. The court’s decision was based on the fact that the Indiana Right to Farm Act protects agri- cultural operations that have been operating for at least one year unless there has been a “significant change” in the operation. By itself, that may be reasonable, but the statute expressly provides that the following situations are not “significant changes”: converting from one type of ag operation to another, changing the size of the operation or adopting
“new technology.” Thus, changing from a crop farm or even a pasture-based farm to a CAFO is not a “significant change” under the Indiana law. No other private business is given this sort of protection when it harms its neighbors.
And good news for local meat producers and consumers: the PRIME Act is back.
To end on a positive note, just as this ar- ticle was going to press, U.S. Representatives Thomas Massie (R-KY) and Chellie Pingree (D-ME), together with Senator Angus King (I-ME), re-introduced the PRIME Act to make it easier for small farms and ranches to serve consumers. The Processing Revival and In- trastate Meat Exemption (PRIME) Act, HR. 2859/ S.1620, would allow states to permit the intrastate distribution of custom-slaughtered meat to consumers and wholesalers. Current law exempts custom slaughter of animals from federal inspection regulations only if the meat is for personal use; to sell cuts of meat to con- sumers, even at local farmers markets, farmers and ranchers must send their animals to one of the often far-away slaughterhouses that meets USDA regulations.
H.R. 2859 and S. 1620 already have nine- teen co-sponsors from fourteen states and both parties, so it’s off to a good start. Stay tuned for action items on the PRIME Act in your email and future Wise Traditions articles.
A Message to Grandparents
Sharing special meals and treats is a wonderful way to spend time together and create memories. But whether they help or hurt your grandchildren’s health depends on which foods you choose.
Sections include:
The Gift of Health – Dear Grandparents:
The Research Findings of Dr. Weston A. Price The Sugar Monster
Other Harmful Things in Modern Diets Good Foods for Growing Children
25 cents each 15 cents each for 100 or more
Order today! westonaprice.org/order (703) 820-3333
SUMMER 2019 Wise Traditions
91
Our NEW Trifold