EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 297
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOON.
1075S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 44.100 and 537.295, RSMo, and to enact in lieu thereof three new sections
relating to agriculture.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 44.100 and 537.295, RSMo, are repealed 1
and three new sections enacted in lieu thereof, to be known as 2
sections 1.400, 44.100, and 537.295, to read as follows:3
1.400. 1. This section shall be known and may be 1
cited as the "Freedom to Farm Act". 2
2. As used in this section, the following terms mean: 3
(1) "Environmental manipulation": 4
(a) A type of weather modification that aims to change 5
the amount or type of precipitation that falls from clouds 6
by dispersing substances into the air that serve as cloud 7
condensation or ice nuclei, which alter the microphysical 8
processes within the cloud; or 9
(b) Pollution or biological agents droppe d from any 10
form of aircraft designed to alter the earth's atmosphere, 11
manipulate the environment, or cause harm to food supply; 12
(2) "Farmer" or "rancher", an individual who engages 13
in farming or ranching whether for profit or not for profit 14
or personal consumption; 15
(3) "Farming" or "ranching", the use or cultivation of 16
the land for production of agricultural crops, livestock or 17 SB 297 2
livestock products, poultry or poultry products, milk or 18
dairy products, or fruit or other horticultural product s; 19
(4) "Food products", any products of farming or 20
ranching that are fit for human consumption, including 21
meats, poultry, fish, dairy products, eggs, fruits and 22
vegetables, but shall not include marijuana, tobacco, or 23
alcohol products. 24
3. The right of farmers and ranchers to engage in 25
farming and ranching practices for sale or personal 26
consumption shall be guaranteed free from government 27
intervention and such practices occurring within this state 28
shall not be infringed upon by the federa l government under 29
the regulation of interstate commerce. 30
4. Any department or agency of this state or of any 31
political subdivision thereof that enacts, adopts, 32
maintains, or enforces any provision of law, order, 33
ordinance, rule, regulation, poli cy, or other similar 34
measure that restricts farming or ranching practices for 35
sale or personal consumption shall be held civilly liable to 36
the farmer or rancher for injunctive and declaratory relief. 37
5. No provision of law, order, ordinance, rule, 38
regulation, policy, or other similar measure shall: 39
(1) Restrict the production, manufacturing, 40
distribution, or sale of any herbal, nutritional, vitamin, 41
dietary, mineral, or other supplement intended for human 42
application, absorption, or consu mption; or 43
(2) Be deemed to enforce a compulsory marketing quota, 44
poundage quota, or similar policy restricting the production 45
of farming or ranching, including the implementation of 46
penalty provisions for violation of such policies. 47
6. No penalty as a result of a violation of any 48
provision of law, order, ordinance, rule, regulation, 49 SB 297 3
policy, or similar measure enacted, adopted, maintained, or 50
enforced by any department or agency of this state or any 51
political subdivision thereof regarding the protection of 52
the environment shall require the closure of a farming or 53
ranching operation or restrict the consumption or sale of 54
food products. 55
7. Except for any license required by statute or 56
regulation before August 28, 2025, no departmen t or agency 57
of this state or political subdivision thereof shall require 58
the licensure of an individual to operate or engage in 59
farming or ranching. 60
8. The right to access and the ability to afford food 61
products shall not be infringed upon in thi s state through 62
restrictions based on an individual's credit score, credit 63
worthiness, credit standing, or credit capacity, or 64
presentation of an identification card of any kind. 65
9. Any farmer or rancher of this state that sells food 66
products of his or her farming or ranching operation, which 67
are fit for human consumption at the time of sale, shall not 68
be held civilly liable for injury or death arising from a 69
condition of such food products if he or she provides the 70
following warning label on the food products: 71
"WARNING: CONSUME AT YOUR OWN RISK.". 72
10. The use of any form of environmental manipulation 73
is prohibited in this state. This subsection shall not 74
prevent the use of pesticides on any farming or ranching 75
operation within this s tate. Any person using a form of 76
environmental manipulation shall be held civilly liable for 77
any damages, including actual damages and injunctive relief, 78
as the result of the use of such environmental manipulation. 79
44.100. 1. The emergency powers of the governor shall 1
be as follows: 2 SB 297 4
(1) The provisions of this section shall be operative 3
only during the existence of a state of emergency (referred 4
to in this section as "emergency" ). The existence of an 5
emergency may be proc laimed by the governor or by resolution 6
of the legislature, if the governor in his proclamation, or 7
the legislature in its resolution, finds that a natural or 8
man-made disaster of major proportions has actually occurred 9
within this state, and that the safety and welfare of the 10
inhabitants of this state require an invocation of the 11
provisions of this section; 12
(2) Any emergency, whether proclaimed by the governor 13
or by the legislature, shall terminate upon the proclamation 14
thereof by the governo r, or the passage by the legislature, 15
of a resolution terminating such emergency; 16
(3) During the period that the state of emergency 17
exists or continues, the governor shall: 18
(a) Enforce and put into operation all plans, rules 19
and regulations relating to disasters and emergency 20
management of resources adopted under this law and to assume 21
direct operational control of all emergency forces and 22
volunteers in the state; 23
(b) Take action and give directions to state and local 24
law enforcement officers and agencies as may be reasonable 25
and necessary for the purpose of securing compliance with 26
the provisions of this law and with the orders, rules and 27
regulations made pursuant thereof; 28
(c) Seize, take or requisition to the extent necess ary 29
to bring about the most effective protection of the public: 30
a. Any means of transportation, other than railroads 31
and railroad equipment and fuel, and all fuel necessary for 32
the propulsion thereof; 33 SB 297 5
b. Any communication system or part ther eof necessary 34
to the prompt and efficient functioning of the emergency 35
management of the state; 36
c. All stocks of fuel; 37
d. Facilities for housing, feeding and hospitalization 38
of persons, including buildings and plants; 39
(d) Control, restrict and regulate by rationing, 40
freezing, use of quotas, prohibitions on shipments, price 41
fixing, allocation or other means the use, sale or 42
distribution of [food, feed,] fuel, clothing and other 43
commodities, materials, goods or services , except the 44
governor shall not have the authority to prevent farming or 45
ranching, as those terms are defined in section 1.400, 46
including restrictions on water usage on farming or ranching 47
operations, or otherwise restrict the availability of food 48
products or control the sale or distribution of food 49
products, as that term is defined in section 1.400, 50
including rights protected by subsection 8 of section 1.400, 51
and availability of feed for the functioning of farming or 52
ranching operations; 53
(e) Prescribe and direct activities in connection with 54
but not limited to use, conservation, salvage and prevention 55
of waste of materials, services and facilities, including 56
production, transportation, power and communication 57
facilities, training and supply of labor, ut ilization of 58
industrial plants, health and medical care, nutrition, 59
housing, including the use of existing and private 60
facilities, rehabilitation, education, welfare, child care, 61
recreation, consumer protection and other essential civil 62
needs; 63
(f) Use or distribute all or any of this property 64
among the inhabitants of the state in any area adversely 65 SB 297 6
affected by a natural or man -made disaster and to account to 66
the state treasurer for any funds received thereof; 67
(g) Waive or suspend the ope ration of any statutory 68
requirement or administrative rule regarding the licensing, 69
certification or issuance of permits evidencing 70
professional, mechanical or other skills; 71
(h) Waive or suspend the operation of any statutory 72
requirement or admin istrative rule prescribing procedures 73
for conducting state business, where strict compliance with 74
such requirements and rules would prevent, hinder, or delay 75
necessary action by the department of health and senior 76
services to respond to a declared emer gency or increased 77
health threat to the population; 78
(i) In accordance with rules or regulations, provide 79
that all law enforcement authorities and other emergency 80
response workers and agencies of other states who may be 81
within this state at the re quest of the governor or pursuant 82
to state or local mutual -aid agreements or compacts shall 83
have the same authority and possess the same powers, duties, 84
rights, privileges and immunities as are possessed by like 85
law enforcement authorities and emergenc y response workers 86
and agencies of this state; 87
(j) Perform and exercise such other functions, powers 88
and duties as may be necessary to promote and secure the 89
safety and protection of the civilian population; 90
(k) Authorize the director of fin ance and the director 91
of credit unions to waive or suspend the operation of any 92
statutory requirement or administrative rule applicable to 93
the division of finance, banking, financial services, or the 94
division of credit unions and take action and give d irection 95
to banks, credit unions, and financial institutions, 96
including coordinating actions with emergency responders, 97 SB 297 7
federal agencies, and state banking and credit union 98
associations as may be reasonable and necessary to preserve 99
the safety and soundness of banks, credit unions, and 100
financial institutions; and facilitate disaster response and 101
recovery efforts to serve essential civil needs and protect 102
the public interest. 103
2. When any property is seized, taken or requisitioned 104
under this section, the circuit court of the county in which 105
the property was taken may , on the application of the owner 106
thereof or on the application of the governor in cases where 107
numerous claims may be filed, appoint three disinterested 108
commissioners in the mann er provided by section 523.040 to 109
assess the damages which the owners may have sustained by 110
reason of the appropriation thereof. Upon the application 111
the amount due because of the seizure of property shall be 112
determined in the manner provided in chapt er 523 for the 113
determination of damages in case of the exercise of the 114
power of eminent domain. 115
537.295. 1. No agricultural operation or any of its 1
appurtenances shall be deemed to be a nuisance, private or 2
public, by any changed c onditions in the locality thereof 3
[after the facility has been in operation for more than one 4
year, when the facility was not a nuisance at the time the 5
operation began. An agricultural operation protected 6
pursuant to the provisions of this section ma y reasonably 7
expand its operation in terms of acres or animal units 8
without losing its protected status so long as all county, 9
state, and federal environmental codes, laws, or regulations 10
are met by the agricultural operation. Reasonable expansion 11
shall not be deemed a public or private nuisance, provided 12
the expansion does not create a substantially adverse effect 13
upon the environment or creates a hazard to public health 14 SB 297 8
and safety, or creates a measurably significant difference 15
in environmental pressures upon existing and surrounding 16
neighbors because of increased pollution. Reasonable 17
expansion shall not include complete relocation of a farming 18
operation by the owner within or without the present 19
boundaries of the farming operation; however , reasonable 20
expansion of like kind that presently exists, may occur. If 21
a poultry or livestock operation is to maintain its 22
protected status following a reasonable expansion, the 23
operation must ensure that its waste handling capabilities 24
and facilities meet or exceed minimum recommendations of the 25
University of Missouri extension service for storage, 26
processing, or removal of animal waste ], except for those 27
agricultural operations or any of its appurtenances used for 28
production of swine or swine products located within 29
counties of the first classification, including those 30
counties of the first classification with a charter form of 31
government, that unreasonably expand in violation of zoning 32
laws or ordinances. The protected status of an agricu ltural 33
operation, once acquired, shall be assignable, alienable, 34
and inheritable. The protected status of an agricultural 35
operation, once acquired, shall not be waived by the 36
temporary cessation of farming or by diminishing the size of 37
the operation. The provisions of this section shall not 38
apply whenever a nuisance results from the negligent or 39
improper operation of any such agricultural operation or its 40
appurtenances. 41
2. As used in this section the term "agricultural 42
operation and its app urtenances" includes, but is not 43
limited to, any facility used in the production or 44
processing for commercial purposes of crops, livestock, 45 SB 297 9
swine, poultry, livestock products, swine products or 46
poultry products. 47
3. The provisions of this section shall not affect or 48
defeat the right of any person, firm or corporation to 49
recover damages for any injuries sustained by it as a result 50
of the pollution or other change in the quantity or quality 51
of water used by that person, firm or corporation for 52
private or commercial purposes, or as a result of any 53
overflow of land owned by or in the possession of any such 54
person, firm or corporation. 55
4. The provisions of this section shall not apply to 56
any nuisance resulting from an agricultural operation 57
located within the limits of any city, town or village on 58
August 13, 1982. 59
5. In any nuisance action brought in which an 60
agricultural operation is alleged to be a nuisance, and 61
which is found to be frivolous by the court, the defendant 62
shall recover the aggregate amount of costs and expenses 63
determined by the court to have been reasonably incurred in 64
his behalf in connection with the defense of such action, 65
together with a reasonable amount for attorneys fees. 66