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#General Laws for Mass. Agriculture

Article 97 of the Constitution created by referendum in 1972 – provides the broadest definition and gives farmers latitude to operate, use their land, create odors, etc. that are consistent with the typical practices of agriculture BUT, there are often challenges to these rights at a local level between neighbors and farmers.  http://protectmassenvironment.org/article_97.htm - Excerpt - "The people shall have the right to clean air and water, freedom from excessive and unnecessary noise, and the natural, scenic, historic, and esthetic qualities of their environment; and the protection of the people in their right to the conservation, development and utilization of the agricultural, mineral, forest, water, air and other natural resources is hereby declared to be a public purpose.”

General definition of Agriculture MGL Ch128 Sec.1A is the official “general” definition of agriculture.

According to General Laws of Massachusetts, CHAPTER 128, Section 1A, the definition of Agriculture is:

“Farming” or “agriculture” shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur-bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market.

The Department of Revenue’s definition MGL Ch 61A sec 2 defines the real estate property tax exemption policy for the state.

The Wetlands Protection Act regulations for agriculture are at 310 CMR 10.04

Scroll down to 10.04 Definitions – Agriculture. This is a lengthy definition and one of the more controversial regulations relating to agriculture.

MA Department of Agricultural Resources - Laws are enacted by the legislature. The agencies interpret those laws through regulations Code of Massachusetts Regulation (CMR).  This page will link you to the regulations that affect agriculture, by subject, i.e. animals, farm products, pesticides, etc. http://www.mass.gov/eea/agencies/agr/legal/regulations-generic.html