We would like to make sure you know and understand your rights as an agricultural operation under Ohio law. The Ohio General Assembly has long recognized the importance and value of the food and agriculture industry to our state by providing “affirmative defenses” that can protect producers from civil liability for the unintended or unavoidable consequences of farming.

An “affirmative defense” is a legal defense that can defeat a claim in a court of law. It cannot prevent someone from filing a lawsuit, but it can assist the defendant in responding to the claim. It’s important to remember that the recognized defenses won’t protect someone who isn’t following the law or using best management practices for the activity that is the source of the complaint.

The link below of the document from The Ohio State University (OSU) Extension details the six categories of “affirmative defenses”

Affirmative Defense Letter