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New Michigan GAAMP plan expands Right to Farm Act

By SHELLY STRAUTZ-SPRINGBORN
Michigan Correspondent

LANSING, Mich. — A new set of Generally Accepted Agricultural and Management Practices (GAAMPs) for farm markets recently extended Michigan’s Right to Farm Act and the nuisance protection it affords to include farm markets operated by farmers on their property.

“This is the first step to ensuring that not only do farmers have the right to grow the food that feeds the world, but that we as farmers also have the right to sell it on our farms,” said Steve Tennes, president of the Michigan Farm Marketing & Agri-Tourism Assoc. and owner of Country Mill, a 120-acre fruit and vegetable farm and farm market located near Charlotte, Mich., in Eaton County.

The Michigan Commission of Agriculture recently approved the GAAMPs for farm markets. GAAMPs are widely accepted industry practices, and farmers who voluntarily follow them are protected from nuisance lawsuits under Michigan’s Right to Farm Act.

“The GAAMPs help give new and existing farm markets and roadside stands a basic road map of what are good management practices for on-farm sales,” Tennes said. “The GAAMPs help new farmers the most by spelling out the various regulations before any financial investment is made into a farm market operation.”

The need to develop GAAMPs for farm markets stemmed from a lack of uniform information on regulating farm markets in Michigan. This is a situation that has created challenges for farm market operators and local and state regulators alike as more Michigan farms have transitioned into direct marketing and on-site retail activity. While the definition of a “farm operation” in the Michigan Right to Farm Act includes marketing produce at roadside stands or farm markets, specific marketing activities are not defined or described. The new farm market GAAMPs were developed to provide guidance on what exactly constitutes an on-farm market and farm market activities.

“This doesn’t mean certain local and state regulations are going to be pre-empted, nor does it mean farm market operators are exempt from following certain local ordinances. A GAAMP only sets a voluntary standard for compliance with accepted practices,” said Michigan Farm Bureau Horticulture and Forestry Specialist Ken Nye. “What we gain from the farm market GAAMPs is education and a set of statewide standards for both farm market operators and local officials.”

Under the newly approved GAAMPs, a farm market is defined as a “farm retail facility and is considered part of a farm operation.” The definition spells out that at least 50 percent of the products marketed and offered for sale at the market “must be produced on and by the affiliated farm.”

It also states that the farm market can operate seasonally or year-round, may involve processing activities that convert raw commodities to finished products, and may include marketing activities to attract customers. In addition to providing clearer definitions, the farm market GAAMPS outline standards for practices such as providing signage, customer parking and external lighting.
Tennes said the GAAMPs outline and utilize various preexisting regulations without creating new standards.

“The GAAMPs spell out that local level ordinances on signage, parking and lighting need to be followed, but at the same time, local ordinances cannot effectively prevent a farm market operation that follows the GAAMPs,” Tennes said.

Nye said approval of the GAAMPs marks an important step in drawing more attention to Michigan’s growing farm market industry.
“The development of industry standards and the extension of Michigan’s Right to Farm Act to farm markets is validation of the sector’s positive role in Michigan’s agriculture industry,” he said.
The farm market standards join Michigan’s existing GAAMPs covering manure management, nutrient utilization, farm site selection, irrigation/water use, pesticide utilization, care of farm animals and cranberry production.

3/3/2010