(a) Definition. In this section, “agricultural operation” means the production of food and other agricultural products, including structures, vehicles, or other farm machinery, conditions, or associated activities. Types of agricultural operations include: cultivation of land; raising or production of poultry; production of eggs; production of milk and other dairy products; production of fruits, vegetables, or other horticultural or floricultural crops; raising, production, or the occasional slaughtering and rendering of livestock, including the livestock listed in the Agriculture Article, § 1-101(f), of the State Code; pasturage; apiaries; silvaculture; and wineries. The term does not include regular rendering; manufacturing or processing of feed products, tallow, or grease; or bone distillation.
(b) Defense. If it is alleged in a private action that an agricultural operation interferes with the use and enjoyment of private property, because that action constitutes a private nuisance, the person charged in the action shall not be liable if the agricultural operation:
(1) is being conducted in accordance with generally accepted agricultural practices and conforms to federal, State, and County law; or
(2) commenced prior to the use of the property by the person alleged to have suffered injury as a result of the operation.
(c) Negligent or willfully injurious conduct. The defenses authorized by subsection (b) do not apply to an agricultural operation conducted in a negligent or willfully injurious manner.
(1985 Code, Art. 17, § 1-106) (Bill No. 58-04)