hb261.html
05 LC 25 3847
House Bill 261
By: Representatives Smith of the 168th, McCall of the 30th, Williams of the 165th, Sims of the 169th, Lane of the 167th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations and forest land as nuisances, so as to define a term; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations and forest land as nuisances, is amended by striking paragraph (3) of subsection (b) and inserting in lieu thereof the following:
"(3) 'Agricultural operation' means:
(A) The plowing, tilling, or preparation of soil at an agricultural facility;
(B) The planting, growing, fertilizing, harvesting, or otherwise maintaining of crops as defined in Code Section 1-3-3 and also timber and trees that are grown for purposes other than for harvest and for sale;
(C) The application of pesticides, herbicides, or other chemicals, compounds, or substances to crops, weeds, or soil in connection with the production of crops, timber, livestock, animals, or poultry;
(D) The breeding, hatching, raising, producing, feeding, keeping, slaughtering, or processing of livestock, hogs, equines, chickens, turkeys, poultry or other fowl normally raised for food, mules, cattle, sheep, goats, dogs, rabbits, or similar farm animals for commercial purposes;
(D.1) The preservation, maintenance, or improvement of wildlife habitat and the hunting of wildlife thereon;
(E) The production and keeping of honeybees, the production of honeybee products, and honeybee processing facilities;
(F) The production, processing, or packaging of eggs or egg products;
(G) The manufacturing of feed for poultry or livestock;
(H) The rotation of crops, including without limitation timber production;
(I) Commercial aquaculture;
(J) The application of existing, changed, or new technology, practices, processes, or procedures to any agricultural operation; and
(K) The operation of any roadside market."

SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.