All fifty states have right-to-farm statutes. These laws are meant to protect farmers from nuisance lawsuits filed by an individual who moves to an area where a farming operation exists, or in some cases where a farm has existed substantially unchanged for some time, and who files a lawsuit to stop the farming operation.
However, there are some limitations to the protections provided by right-to-farm statutes. Some states condition nuisance protection on a farm's compliance with state and federal laws and if the operation follows good agricultural practice. These limitations fall into at least one of the following categories.
- Compliance with State and Federal Laws: The farming operation must be compliant with the applicable state and federal laws, otherwise the right-to-farm nuisance suit protection does not apply.
- Following Good Agricultural Practice: Various states’ right-to-farm laws are only applicable to farms that follow good agricultural practices. Some states may legally define “good agricultural practices;” other states have provisions that generally require the farming operation to comply with good agricultural practices as required by industry customs.
- Public Health and Safety: If the farming operation has an adverse effect on public health and safety, the operation may be considered a nuisance.