SENATE ECONOMIC GROWTH COMMITTEE

STATEMENT TO

ASSEMBLY, No. 4603

STATE OF NEW JERSEY

DATED: JUNE 12, 2025

      The Senate Economic Growth Committee reports favorably Assembly Bill No. 4603.

      As reported, this bill strengthens the legal protections provided to farmers under the “Right to Farm Act.”  Specifically, the bill allows farmers to recover reasonable costs and attorney fees incurred in the defense of bad faith complaints against commercial agricultural operations, activities or structures when a county agriculture development board or the State Agriculture Development Committee (SADC), as applicable:  (1) finds the farmer is entitled to the irrebuttable presumption established under the “Right to Farm Act”; and (2) determines, supported by a preponderance of the evidence, that the complaint was brought in bad faith and all or a portion of the costs and attorney fees are reasonable.

      Under the “Right to Farm Act,” the established irrebuttable presumption is that a commercial agricultural operation, activity or structure or specific operation or practice does not constitute a public or private nuisance, or does not otherwise invade or interfere with the use and enjoyment of any other land or property, if:

      (1)  the commercial agricultural operation, activity or structure conforms to agricultural management practices recommended and adopted by the SADC, or the specific operation or practice of the commercial agricultural operation has been determined to constitute a generally accepted agricultural operation or practice, either by the appropriate county agriculture development board or the SADC, as applicable; and

      (2)  the commercial agricultural operation, activity or structure or specific operation or practice complies with all relevant federal and State statutes and regulations and does not pose a direct threat to public health and safety.

      Under the bill, a farmer seeking an award of reasonable costs and attorney fees is required to submit an application therefor to the county agriculture development board or the SADC, as applicable, after being found entitled to the irrebuttable presumption.  The county agriculture development board or the SADC is then to determine by a preponderance of the evidence whether the complaint was made in bad faith and whether the costs and attorney fees, or a portion thereof, are reasonable.  If the complaint is determined to have been brought in bad faith and reasonable costs and attorney fees are determined, the county agriculture development board or the SADC is to issue an order for the person filing the complaint to pay the reasonable costs and attorney fees to the farmer.

      As reported by the committee, Assembly Bill No. 4603 is identical to Senate Bill No. 3662, which was also reported by the committee on this date.