Sec. 1. 17 MRSA §2805, sub-§1, as amended by PL 1993, c. 87, §1, is further amended to read:

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Farm" means the land, buildings and machinery used in the commercial production of farm products.

B. "Farm operation" means a condition or activity that occurs on a farm in connection with the commercial production of farm products and includes, but is not limited to, operations giving rise to noise, odors, dust, insects, fumes, operation of machinery and irrigation pumps, ground and aerial seeding, ground spraying, composting of material produced by the farm or to be used at least in part on the farm, disposal of manure, the application of chemical fertilizers, soil amendments, conditioners and pesticides and the employment and use of labor.

C. "Farm product" means those plants and animals useful to man humans and includes, but is not limited to, forages and sod crops, grains and food crops, dairy products, poultry and poultry products, bees, livestock and livestock products and fruits, berries, vegetables, flowers, seeds, grasses and other similar products.

Sec. 2. 17 MRSA §2805, sub-§3, as enacted by PL 1981, c. 472, is amended to read:

3. Change in land use. A farm or farm operation shall may not be considered a public or private nuisance if the farm or farm operation existed before a change in the land use or occupancy of land within one mile of the boundaries of the farm and, as long as, before the change in land use or occupancy of land, the farm or farm operation would not have been a nuisance. This subsection does not apply to a farm or farm operation that materially changes the conditions or nature of the farm operation after a change in the land use or occupancy of land within one mile of the boundaries of the farm.__Nothing in this subsection affects the applicability of any of the other provisions of this section.

Sec. 3. 17 MRSA §2805, sub-§5-A is enacted to read:

5-A.__Good faith.__The Maine Rules of Civil Procedure, Rule 11 applies in any private action filed against the owner or