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Menu of state laws regarding odors produced by concentrated animal feeding operations
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January 21, 2016
[PDF-582.84 KB]
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Description:Over the last several decades, the United States has seen a significant increase in large-scale animal farming. These large facilities are classified as either animal feeding operations (AFOs) or concentrated animal feeding operations (CAFOs), depending on the number of animals housed. Federal law defines AFOs as facilities where animals are “stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period.” Furthermore, an AFO is a facility in which “crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.” If a facility holds a certain number of animals, it may be further classified as a medium or large CAFO.
All CAFOs are inherently AFOs, but not all AFOs are considered CAFOs. Both types of facilities have prompted concerns by community members and health officials5 of “adverse impacts” on “socioeconomic conditions, community social fabric, and environmental conditions.” One concern surrounds the effects of environmental odors, which are odors that come from “human activities, animals, nature, vehicles, and industry.”
With the rise of these nontraditional farming facilities, the legal landscape has shifted as some jurisdictions have sought to address livestock-related issues, including odors. Some states have enacted laws regulating odors produced by and related to AFOs and CAFOs. The scope of laws included in this legal research, however, only extends to laws that expressly apply to CAFOs and address the odors they produce.9
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Pages in Document:8 numbered pages
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