A6094

An Act concerning Right to Farm Act protections for aquaculture, and amending and supplementing P.L.1983, c.31.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 3 of P.L.1983, c.31 (C.4:1C-3) is amended to read as follows:

3. As used in P.L.1983, c.31 (C.4:1C-1 et seq.):

“Aquaculture” means the same as the term is defined in section 3 of P.L.1997, c.236 (C.4:27-3).

“Aquaculture management unit” means an area used specifically for an aquaculture operation, including all leased, riparian, nursery, or hatchery property listed in an approved aquatic farmers license issued by the New Jersey Department of Agriculture or a shellfish aquaculture permit issued by the Bureau of Marine Water Monitoring in the Department of Environmental Protection, and including all storage, processing, or retail facilities associated with an aquaculture operation that may be located on separate parcels of terrestrial land, regardless of whether that land is zoned for agricultural or horticultural use.

“Aquatic organism” means the same as the term is defined in section 3 of P.L.1997, c.236 (C.4:27-3).

“Board” or “county board” means a county agriculture development board established pursuant to section 7 of P.L.1983, c.32 (C.4:1C-14).

“Commercial farm” means (1) a farm management unit of no less than five acres producing agricultural or horticultural products worth $2,500 or more annually, and satisfying the eligibility criteria for differential property taxation pursuant to the “Farmland Assessment Act of 1964,” P.L.1964, c.48 (C.54:4-23.1 et seq.), (2) a farm management unit less than five acres, producing agricultural or horticultural products worth $50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the “Farmland Assessment Act of 1964,” P.L.1964, c.48 (C.54:4-23.1 et seq.), [or] (3) a farm management unit that is a beekeeping operation producing honey or other agricultural or horticultural apiary-related products, or providing crop pollination services, worth $10,000 or more annually , or (4) a farm management unit or aquaculture management unit engaging in aquaculture and producing, or likely to produce within three years of commencing aquaculture, aquatic organisms worth $40,000 or more annually .

“Committee” means the State Agriculture Development Committee established pursuant to section 4 of P.L.1983, c.31 (C.4:1C-4).

“Farm management unit” means a parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise.

“Farm market” means a facility used for the wholesale or retail marketing of the agricultural output of a commercial farm, and products that contribute to farm income, except that if a farm market is used for retail marketing at least 51 [%] percent of the annual gross sales of the retail farm market shall be generated from sales of agricultural output of the commercial farm, or at least 51 [%] percent of the sales area shall be devoted to the sale of agricultural output of the commercial farm, and except that if a retail farm market is located on land less than five acres in area, the land on which the farm market is located shall produce annually agricultural or horticultural products worth at least $2,500.

“Full-time, year-round equine-related farm employee” means any person employed by the owner or operator of a commercial farm on a full-time, year-round basis to provide proper care and ensure the safety of horses on the commercial farm, including, but not limited to, a groom or other employee working in a stable. “Full-time, year-round equine-related farm employee” shall not include a migrant, seasonal, or temporary employee.

(cf: P.L.2020, c.154, s.1)

2. (New section) Notwithstanding the provisions of section 3 of P.L.1983, c.31 (C.4:1C-3), or any rules or regulations adopted pursuant thereto, to the contrary, a farm management unit or aquaculture management unit that qualifies as a commercial farm for the purposes of P.L.1983, c.31 (C.4:1C-1 et al.) because it is an aquaculture operation producing, or likely to produce within three years of commencing the aquaculture operation, aquatic organisms worth $40,000 or more annually shall be entitled to the protections provided to any other commercial farm pursuant to P.L.1983, c.31 (C.4:1C-1 et al.), but not for agricultural or horticultural activities that are not aquaculture-related unless the farm management unit also qualifies as a commercial farm pursuant to section 3 of P.L.1983, c.31 (C.4:1C-3) for reasons other than aquaculture.

3. This act shall take effect immediately.

STATEMENT

This bill would amend and supplement the “Right to Farm Act,” P.L.1983, c.31 (C.4:1C-1 et al.), to specify that certain aquaculture operations are eligible for Right to Farm Act protections.

Under current law, to be eligible for Right to Farm protection, a farm must meet the definition of “commercial farm” and comply with agricultural management practices that are either generally accepted or have been formally adopted by the State Agriculture Development Committee (SADC) through the administrative rulemaking process. The SADC has adopted agricultural management practices in 12 areas, one of which is aquaculture. In addition, under current law, section 6 of P.L.1997, c.236 (C.4:27-6), aquaculture is considered a component of agriculture in the State, and aquacultured plants and animals are considered to be agriculture crops and animals.

This bill would amend the definition of “commercial farm” to include farm management units or aquaculture management units engaging in aquaculture and producing, or likely to produce within three years of commencing aquaculture, aquatic organisms worth $40,000 or more annually. Under the bill, an aquaculture operation would not need to qualify for a farmland assessment in order to receive Right to Farm Act protections.

This bill is similar to P.L.2015, c.75 (C.4:1C-3.1) which amended and supplemented the “Right to Farm Act” to provide its protections to certain beekeeping operations producing honey or other agricultural or horticultural apiary-related products, or providing crop pollination services.