Act 38, Agricultural, Communities and Rural Environment (ACRE) was passed on July 6, 2005 with the objective to balance the legitimate business interests of agriculture with the environmental and community concerns of local citizens and elected leaders and to resolve some of the interface issues that occur when the non-farm community meets production agriculture.

ACRE revises the Nutrient Management and Concentrated Animal Feeding Operation regulations to better protect the environment, including water and air quality. Best management practices for control of odor will be required of concentrated animal feeding operations (CAFO) and concentrated animal operations (CAO) when they expand existing structures or construct new structures housing animals or storing manure.

ACRE creates a process for farmers to seek judicial review of ordinances believed to be restrictive of normal agricultural operations. Farmers will have the ability to request the PA Attorney General to review an ordinance restricting agriculture that the farmers believe to be illegal. The Attorney General is given authority to bring legal action in Commonwealth Court to challenge and prevent the enactment or enforcement of ordinances that the Attorney General finds to be in conflict with state law. Farmers may go to court regardless of whether or not the Attorney General takes action. Farmers who bring legal action against a township that has passed an ordinance which the farmer feels is in violation of state law will be entitled to bring the action in Commonwealth Court, allowing them to bypass the Court of Common Pleas. Decisions made on the ordinance by Commonwealth Court will establish statewide legal precedent.

Local governments may not adopt ordinances that restrict normal farming operations, unless they have authority.

On June 29, 2006 Pennsylvania Attorney General Tom Corbett announced the filing of lawsuits challenging municipal ordinances. The four cases in Berks, Chester and Columbia counties are the first to be filed under the ACRE legislation.

Agricultural, Communities, and Rural Environment (ACT38) insert:

At last report, the Attorney general had received 35 requests to review local ordinances and 29 reviews were completed.  Of these:

• Sixteen cases were declined by the Attorney General’s office and the farm owner/operator notified that no legal action would be taken. 
• In each of the remaining thirteen cases the municipality enacting the ordinance was notified of legal deficiencies within their ordinance and engaged in discussion of necessary changes. 
• In five instances, when these discussions have proved unfruitful, the Attorney General has instituted legal action to invalidate or enjoin the enforcement of the unauthorized local ordinance. 
• In one of these five the township repealed the ordinance at the time legal action was filed; the other four cases remain before the court at this time.
• Of significance is the fact that all parties agree that there has been a substantial reduction in the number of NEW unauthorized ordinances being adopted, or even proposed, in the Commonwealth now that an efficient process exists for them to be challenged.

Of the cases that have been heard by the Commonwealth Court:

• Commonwealth Court dismissed three (Lower Oxford Township, Heidelberg, and Locust Township), ruling that if an ordinance was on the books before ACRE was enacted, it had to be enforced after ACRE was enacted in order for the Attorney General to bring action on behalf of the farmer. 

• This ruling is contrary to the intent of the Legislature when ACRE was passed.  The Attorney General disagrees with the Commonwealth Court and appealed each to the PA Supreme Court
• The initial ruling of the Supreme Court sided with the Commonwealth Court and the Attorney General is in the process of deciding whether to request that the court re-consider
• It is important to note that none of the three cases have been decided on the substantive nature of the complaint – the Court has not looked at an ordinance to see if it was pre-empted or illegal, only ruled on a technicality.

• In the fourth case heard by Commonwealth Court, Richmond Township, the Court overruled all of Richmond Township’s preliminary objections.  This will allow the case to move forward and, important to future cases, established important precedent with respect to the Attorney General’s authority under the ACRE law.

In compliance with its mission to create and maintain an effective, viable and competitive environment for Pennsylvania agribusiness to grow and prosper, PennAg upholds the following beliefs on Agricultural Issues.

Philosophy on Agricultural Production

... those involved in farming, agriculture, and agribusiness, regardless of the commodities produced, the size of the operation, production style, or marketing method, are devoted to production of food and fiber for the general public and, as such, are engaged in a profession that is essential to survival, and, if performing responsibly, should be supported by government at all levels and by all of those engaged in this profession.

Agricultural Biotechnology

... the use of agricultural biotechnology has the potential to increase agricultural productivity, improve animal and human health, and improve the environment, and should be supported financially and philosophically.

Air Quality

... until there is scientifically-based evidence that there is a relationship between agricultural odors and human health, those involved in agricultural production should utilize the best available technology to reduce the amount of odor emissions from their operations. Furthermore, *that additional funding should be made available to accelerate agricultural research on controlling agricultural odors. The results of the research should be publicized to the general public as much as possible.

Animal Health

... animal health is essential to produce a high quality, safe, and affordable food product. To maintain animal health, PennAg supports the work of the Animal Health and Diagnostic Commission and the expansion of a Bio-Security Level III laboratory. Further, *that an effective animal health program which protects all segments of the livestock and poultry industry and state and federal governments.

Animal Welfare

... implementation of the best management practices of animal handling, care and welfare, which are based upon scientific research, during production and processing, help insure a high quality of product for consumers. Comfortable animals are the most productive, profitable, and healthy.

Certification Programs

... farmers and agribusinesses should participate in, and complete, certification programs designed to enhance their working knowledge of issues related to food safety/handling, nutrient management, pesticide use, manure hauling/application, and environmental programs such as PEACCE. Improving performance helps allay nonagricultural community concerns about agriculture.

Agricultural Education

... if Pennsylvania's nonagricultural public is to fully comprehend the importance of agriculture to their survival, agricultural education must be accelerated in Pennsylvania, thereby requiring that all educational standards relating to agriculture must be met in all classrooms.

Environment

... farmers were the first environmentalists; therefore, as stewards of the land and water resources, they realize the importance of protecting and conserving those resources that sustain their ability to continue in their chosen profession and to hand down those resources to the next generation in better condition than they received them.

Farmland Preservation

... if farmland is to be preserved, and remain profitable for agricultural production, not just open space, ensuring the farmer's right to farm is essential.

Food Quality/Safety Assurance Programs

... American agriculture is producing the highest quality, safest, and most affordable food products in the world. If consumers are to be beneficiaries of those products without foodbourne illnesses, others within the food distribution, delivery, and food handling system must be properly certified and meet appropriate standards.

Grain Dealer Bonding and Licensing

... an equitable program that meets the needs of both the industry and the individual farmer is essential. Further, *that both parties must meet their obligations by insuring prompt payment according to their contracts.

Health Care Reform

... the cost of health insurance is a problem that affects all businesses. As an interim measure, PennAg believes that a moratorium on new health insurance mandates, a requirement that insurance providers disclose and justify administrative costs, and a requirement that the Department of Insurance take a more aggressive role in monitoring proposed rate increases, would help address this monumental problem for businesses.

Local Government Regulation of Agricultural Operations

... a legislative solution to the problem of local governments adopting illegal ordinances to regulate agriculture is essential. PennAg supports the adoption of comprehensive planning and zoning as the appropriate mechanism for local governments to determine where agriculture is to be conducted within their municipality. Standards for agricultural operations must be set at the federal and state level since that is where the expertise and knowledge exists.

Nutrient Management

... the adoption and enforcement of state-of-the-art, scientifically-based, best management practices are necessary to eliminate potential pollution from all nutrient sources. PennAg also supports the adoption of a phosphorus-based nutrient management plan and the closing of the loophole for manure haulers and brokers.

Invasive Species

... the use of an approved process, which includes scientific review of selected species prior to formal declaration of species status, is essential for a workable and acceptable program.

Farming MYTH:
Livestock in high-yield feeding operations don't get veterinary care and are kept in unsanitary, inhumane and stressful conditions.
TRUTH: That's nonsense. Keeping livestock in poor conditions is not the key to success. Advanced farms provide bio-security and clean, climate-controlled conditions. Systems are designed to reduce stress and stressful situations, such as by separating groups by age or sex. Routine and special veterinary care is provided to ensure good health. Advanced processes are used in all areas, from disinfecting to temperature regulating to age-specific feeding. Raising the replacement stock on site, age segregation and other precautions help prevent disease. Many advanced farms require humans to shower both on entering and on leaving the facility to protect animal and poultry health. The object is to produce the healthiest possible livestock.

MYTH: High-yield farms are run like factories.
TRUTH: Livestock can't be bred and raised on an assembly line. They aren't cars or widgets. Livestock requires constant attention -- or husbandry. To meet expanding consumer demand, advanced farms use much more efficient techniques in breeding, feeding, and nurturing livestock -- animal husbandry applied on an economy of scale to produce healthier animals and poultry more efficiently. That results in a quality product, favorable consumer prices and an adequate supply to meet demand.

MYTH: Livestock is happier running free.
TRUTH: Tell that to the chicken chased by a hawk! The idea of frolicking livestock may be pleasant, but it's not the way things really work. Protection against predators, disease, weather and parasites is the reason that poultry and animals may be kept indoors. Segregation by age groups affords disease protection to susceptible younger livestock. Advanced farms offer modern temperature controls, special watering and feeding systems, and slotted floors to improve living conditions. These and other techniques help produce livestock more economically than the free-range system, to the chagrin of the fox, the hawk and other predators. And, these techniques reduce land use - the "free" chicken needs as much as 500 times more land.

MYTH: High-yield farms are major polluters.
TRUTH: Advanced farms use numerous techniques -- such as under-facility pits, sealed lagoons and buffer zones -- to avoid runoff into watersheds and streams. Agricultural runoff is an environmental concern, and controls are part of the design of the advanced farm. In addition to voluntary action, advanced farms are subject to strict government regulation and oversight -- the larger the farm, the more stringent the rules and the greater the scrutiny. Pennsylvania has one of the nation's most aggressive programs. Since 1972, for example, high-yield operations have been required to emit zero pollution discharge into our water systems. The federal government also is involved, and EPA tools for enforcement even include satellite reconnaissance.

MYTH: High-yield farms are running traditional family farms out of business.
TRUTH: Advanced farms can help local traditional farms by contracting with them to help raise livestock, grow feed or to provide other services -- offering smaller farms a dependable source of income, risk reduction and diversity in a modern system that is being endorsed by financial institutions. The advanced farm also may be a source of free or inexpensive nutrients. Traditional family farms are decreasing, but that's due to many complex factors, including the pressures of global competition. Those traditional farms that do survive and thrive may do so based on production contracts with an agribusiness company or through advanced farms relationships - as was demonstrated during the Northeast drought of 1999.

MYTH: High-yield farms are run by absentee owners, big corporations that really don't care about the livestock or the community .
TRUTH: Size shouldn't be equated with insensitivity - that's really a question of ethics and leadership in any size organization. Agribusiness, like almost every other business sector, is increasingly composed of larger organizations. Getting bigger is necessary to take advantage of economy of scale and to compete effectively in a global economy - and to better weather economic hardships. Most agribusiness firms and advanced farms here are owned and operated by Pennsylvanians, who make significant contributions to our economy and our communities. Today, individuals and corporations commonly own multiple facilities, and some are in more than one state. They still have a major investment in their livestock. PennAg members strive to be the best possible citizens in all the communities in which their facilities are located.