The proposed bill, known as the Freedom to Garden Act, aims to prohibit state agencies and local governments from regulating residential gardens on properties owned or leased by individuals. It establishes that individuals have the inherent right to grow, harvest, and consume food from their gardens, provided they do not violate property rights or engage in illegal activities. The bill defines key terms such as "garden food," "residential garden," and "local government," and emphasizes the importance of residential gardens for personal nourishment and sustainability.
However, the bill outlines specific circumstances under which these protections do not apply. For instance, regulations will still be enforceable if the residential property is owned or managed by a state agency or local government, or if the garden food is produced for sale. Additionally, the bill does not protect gardens that violate existing agricultural regulations, obstruct traffic, invade neighboring properties, or involve certain prohibited plants. Overall, the legislation seeks to promote the establishment and maintenance of residential gardens while maintaining necessary regulatory frameworks for public safety and property rights.
Statutes affected: Introduced: 7E.4, 364.3