If you love family-run farms and your local pumpkin patch, please read this post.

Right now, HB 4153 – the farm store bill – is in serious trouble. The bill is getting heat from both sides of the political spectrum.

On the one side, advocacy organizations are trying to kill the bill claiming it is too permissive. Their followers are making outrageous claims that the bill will open up the EFU zone to strip clubs, lingerie stores, and indoor BMX bike facilities.

This is not true.

On the other side, different advocacy organizations are arguing the bill is way too restrictive claiming it will shut down permitted farm stands or that it will prevent people from having “honor system” stands in their rural residential neighborhoods. Because of the misinformation, some now believe there will be no other way for them to make and sell homemade baked goods, trail mix, or crafts.

This is also not true.

What This Means Politically For HB 4153

In short, HB 4153 is in a peculiar situation – it is hated by folks on both ends of the spectrum, leaving the folks in the middle with serious whiplash.

The political reality is that this dynamic makes it really challenging to pass a bill: it makes Democrats want to oppose the bill for fear that is upends the land use system; and it makes Republicans want to kill the bill out of the desire to protect small businesses and property rights.

That makes it hard to cobble together a majority. We need a majority of votes in both chambers for it to pass.

Why Compromises Had To Be Made

My organization has worked on this issue for over two years. I personally have spent thousands of hours working on this bill with other lawyers, planners, and advocates. 

When we started this work two years ago, many lobbyists told us passing this bill would be impossible. It’s extremely hard to bring together a coalition of organizations that don’t always agree to change the law.

But that is what we did. 

Supporting the bill is the Oregon Farm Bureau, the Association of Oregon Counties, and OPOA – organizations that historically do not always align on land use. We also have the Governor supporting the bill. A huge feat that would never have been possible without the compromises we made along the way.

While OPOA wishes the bill would give every property owner the same opportunity, that just isn’t possible given the political dynamics around our land use planning system. This is especially true for exclusive farm use zoned land, which is what this bill primarily affects.

But the current law is hurting people and we have to try and help as many property owners as we can. Which is why this bill must pass.

What Happens If This Bill Doesn’t Pass

If HB 4153 doesn’t pass, here are some of the consequences we are likely to see:

• Rainy Day Shutdowns & Fines – Current law bans “banquets” and “gatherings” inside farm buildings and tents. Without this bill, a sudden rainstorm can legally shut down an event because farmers aren’t allowed to move guests into a barn or under a tent without facing heavy fines.

• Limited Family-Fun – Current law on farm stands bans any structure that is used for “entertainment”. That means farmers will have to risk breaking the law to put out hay bale slides, play structures, and other family-friendly activities at the pumpkin patch this year.

• Permit Revocations for Long Standing Agritourism Events: If a county determines that a farm stand’s finances are out of balance and they are exceeding the statewide income striction for event ticket sales, the famer may lose their permit to host their event altogether.

• Enforcement Headaches for Farm Education: Current law requires promotional events to promote the sale of products. That has caused some counties to interpret the farm stand law to prohibit purely education events like tours or classes.

Unlike the opposition’s talking points, these concerns aren’t speculative. OPOA has been assisting property owners who have faced “anonymous complaints”, enforcement actions, and bullying and harassment by land use preservation groups that are weaponizing the current law to shut folks down.

How You Can Help Save HB 4153

We understand that this bill isn’t perfect, and not everyone will get the benefits of it. But the consequences of it not passing are too great.

We need to solve these problems. If we don’t, many permitted operations will suffer.

If you want to help see this bill pass, there are a couple things you can do:

(1) Encourage folks to stop sharing incorrect or misleading information about the bill. It is really hurting the bill and not helpful. 

(2) Contact your legislator and tell them to please support the bill. Ask them to support the -2 amendment to the bill, which makes it easier for small farms to qualify. 

(3) If you know someone who is confused about what the bill does, please have them contact their county planning director. The counties will be able to help explain the current law and what this bill does/does not do. They will also help property owners understand if this affects them, so they can stop panicking about this bill shutting them down if they have permits.

If you have more questions about the bill, please use these resources:

• Clearing Up Confusion: Cottage Foods, Farm Stands & Farm Stores – Oregon Property Owners Association
• FAQ: Understanding The Farm Store Bill (HB 4153) – Oregon Property Owners Association

The opinions expressed in this post are those of the author and do not represent the opinions or positions of any party represented by the OPOA Legal Center on any particular matter.