Bill Text: GA HB853 | 2011-2012 | Regular Session | Comm Sub
Bill Title: Georgia Right to Grow Act; enact
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2012-02-09 - House Committee Favorably Reported [HB853 Detail]
Download: Georgia-2011-HB853-Comm_Sub.html
12 LC
40 0087S
The
House Committee on Agriculture and Consumer Affairs offers the following
substitute
to HB 853:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating
to general provisions relative to agriculture, so as to provide a short title;
to preempt certain local ordinances relating to production of agricultural or
farm products; to protect the right to grow food crops and raise small animals
or honeybees on private property so long as such crops and animals or the
products thereof are used for human consumption by the occupants, gardeners, or
raisers and their households and not for commercial purposes; to define a term;
to provide for effect on certain local authority and causes of action; to
provide for an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Georgia Right to Grow
Act."
SECTION
2.
Chapter
1 of Title 2 of the Official Code of Georgia Annotated, relating to general
provisions relative to agriculture, is amended by adding a new Code section to
read as follows:
"2-1-7.
(a)
As used in this Code section, the term 'crops' means fruits and products of all
annual or perennial plants, trees, and shrubs.
(b)
No county, municipality, consolidated government, or local government authority
shall prohibit or require any permit for the growing or raising of food crops,
rabbits, honeybees, or chickens, with the exception of roosters, in home
gardens, fully covered pens, hives, or fully covered coops on private
residential property so long as such food crops, animals, or honeybees or the
products thereof are used for human consumption by the occupant of such property
and members of his or her household and not for commercial
purposes.
(c)
This Code section shall not prohibit or impair:
(1)
The authority of a local governmental entity to abate a public nuisance;
or
(2)
Any cause of action brought by a private citizen to abate a private nuisance
under Code Section
41-2-3."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.
