by Keith Sutton, family farmer and President, Daviess County Farm Bureau
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Missouri farmers and ranchers are exposed to more and more outside forces that threaten the economic viability and very existence of their operations.
Senate Bill 364, Missouri Farm and Food Preservation Act (MFFPA) ensures that Missouri farmers and ranchers (1) are allowed to operate, expand, diversify and modernize their operations without being subject to nuisance suits if they are in compliance with applicable state and federal laws and regulations and (2) are considered in compliance with any local ordinances if their farming operations otherwise comply with state and federal laws and regulations.
Farmers and ranchers are required already to comply with a myriad of state and federal regulations relating to Clean Water Act and Endangered Species Act. Agriculture is currently regulated by state and federal agencies in including the Environmental Protection Agency, which regulates the construction and operation of most modern animal facilities being built today, and by the Missouri Department of Natural Resources (MODNR) which establishes and enforces statewide standards for managing animal nutrients to protect water and air resources. Specific requirements are based on the number of animals at each facility and addresses buffers, watersheds, proper distance from wells, land application areas, occupied dwellings, waste storage and other management issues.
While the MFFPA seeks to protect Missouri’s farmers and ranchers from unsubstantiated nuisance suits, as long as they comply with all state and federal regulations, it still provides recourse for individuals and communities to take fair and appropriate action against farmers who are negligent and in violation of regulations.
There are today 16 Missouri counties that are regulated by so-called county “health” ordinances designed with the primary purpose of preventing the construction and operation of animal feeding operations, which are most often owned by family farmers. These health ordinances have been created using questionable authority in state laws and without specific sound science to justify their need. The county ordinances do not outline how operations in compliance with state and federal laws negatively affect public health.
In a number of these counties, these ordinances are so burdensome that any meaningful growth of family livestock operations has been shot down. Some county ordinances contain restrictions that far exceed state and federal public health laws. These ordinances establish setbacks that far exceed applicable standard federal laws; contain confusing and arbitrary air quality provisions; and generally require a bond of up to $70,000 and payment of a fee of up to $10,000 for the construction of a new facility.
With 114 counties in the state of Missouri, each making their own ordinances, regulation every aspect of production agriculture would be unreasonable and would have a devastating effect on rural Missouri.
The threat of unsubstantiated nuisance suits and local restrictions will limit economic opportunities and seriously affect the state’s prominence as an agriculture leader. Processors and manufacturers will locate facilities elsewhere. For example: the Missouri Corn Growers Association and the Missouri Soybean Association released a joint statement announcing they would oppose construction of new ethanol and/or bio-diesel facilities in counties that have local ordinances.
There is a large coalition supporting MFFPA: Missouri Farm Bureau, Missouri Corn Growers Association, Missouri Soybean Association, Missouri Cattlemen’s Association, Missouri Park Association, Missouri Dairy Association, MFA Incorporated, Missouri Agri-business Association Missouri Egg Council, Missouri Poultry Federation, FCS Financial Progressive Farm Credit, Macon County Ag Alliance, Friends of Agriculture in Marion County, Missouri Forest Products Association and farm families across the state of Missouri.
Today’s American farmer feeds an average of 144 people in the world. Sixty years ago, that same farmer only had the capacity to feed 19 people. Modern agriculture advancements have made it possible for the United States to establish a food system that is the safest, most abundant and affordable in the world. Americans spend just 10% of their disposable income on food.
Agriculture takes many shapes in this country and in the state of Missouri. We support the farmer’s right to select the size and scope of a farming operation that best meets the needs of his or her family and situation using proper management practices.