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Farmers' legal options topic of Prospect parley

Members of Farm Bureau air worries

PROSPECT - Pennsylvania Farm Bureau members met with representatives of legislators and Butler County Commissioner James Kennedy Friday morning to discuss legal maneuvers that affect farmers.

A hot topic for the 20 or so people who met at Eisler Nursery on Route 422 was Gov. Edward Rendell's veto of Act 1222, an act that would have restricted the amount and types of ordinances municipalities can pass to control farming.

Rendell vetoed the act in December, but farmers across the state hope to have a new one to the governor by the end of the year.

"We need protection from illegal township ordinances," said Sydney Schiever, the county legislative director for the Farm Bureau.

According to Rich Mackey, regional director of the Farm Bureau, there is a growing effort by townships to pass illegal ordinances and take other actions to prevent farmers from changing or expanding their operations.

While these ordinances are being passed as a way to "regulate" agriculture, what they really do is stop farmers from taking the steps necessary to earn a decent living, he said.

Many times a township will pass an ordinance it knows is illegal because it also knows a farmer does not have the money to win back his rights in court, Mackey said.

Once an illegal ordinance is passed the farmer has three choices: he can forget about changing his operation to make his farm viable; he can ignore the ordinance and risk attempts by the township to impose a fine; or he can fight the ordinance in court.

Act 1222 would have made it harder for townships to pass such anti-farming ordinances.

"Some townships are trying to legislate agriculture right out of business," said Henry Karki, state director of the Farm Bureau. "Agriculture is the number one industry in the state and Act 1222 would have allowed farmers to retrieve costs connected to fighting the townships in court."

Karki said legislators are working with agricultural leaders on a new act that would make it unnecessary for a farmer to have to go to court to resolve differences he might have with township officials.

He said one farmer has spent at least $100,000 to sue a township to force it to obey a state law.

"There is no legislation at this time, although Gov. Rendell and state Department of Agriculture Secretary Dennis Wolff are gathering suggestions from the Farm Bureau and other farmers in the state," Schiever said.

Karki said if the state doesn't move to protect farmers, the consequences would be quick and severe.

"We are beginning to see the loss of agriculture in Pennsylvania on a major scale," Karki said. "We need help with regulations and with health insurance coverage. If we don't get help soon, we will be bringing food into Pennsylvania from other states …."

Schiever discussed what the Farm Bureau needs to do to get an energy bill passed. There is one in the state Senate now.

"We need to look at alternative energy sources," Schiever said. "Energy is a major cost in agriculture, especially with fertilizer. Farmers are very energy dependent."

Karki said agriculture is the most environmentally safe industry in the world.

"We have to be," he said. "If it doesn't work, we die."

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