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Farm store bill splits Oregon farmers and counties in wide-ranging public hearing
Summary
HB 4153, the farm-store/farm-stand reform, would replace the 75/25 rule with acreage or income-based tests, a 10,000 sq ft retail cap and preserved county siting authority; proponents called it a lifeline for family farms, while many rural counties and advocates warned it risks weakening exclusive farm-use protections.
Representative Vicki Breese Iverson and Senator Janine Solman introduced House Bill 4153 on Feb. 4, describing the dash-2 amendment as a compromise to modernize farm-stand law and preserve "farm first" protections while allowing farmers greater ability to sell direct to consumers.
Sponsors and proponents, including the governor's senior policy advisor and representatives of the Association of Oregon Counties and the Oregon Property Owners Association, said the dash-2 amendment replaces the old 75/25 rule with tiered guardrails: more than half of a property must remain in active farm use (with acreage thresholds by parcel size) or small farms can qualify with at least $10,000 in gross farm income over the preceding two years; retail floor space for the farm-store retail section would be capped at 10,000 square feet.
Brandon Persinger of the Association of Oregon Counties said the bill preserves counties' siting standards for egress, parking, traffic and public-health rules while providing clarity so farm stores can operate without inconsistent local interpretations. Jeff Huntington, senior policy advisor for Gov. Kotek, told the committee the governor supports HB 4153 dash-2 as a pragmatic approach after paused rulemaking.
Opponents included county residents, planning professionals and farm advocates who said the bill is written too broadly and could allow commercial or entertainment uses on EFU (exclusive farm use) land that would erode farmland protections. Trudy Klinger (Hood River) said HB 4153 would "require counties to permit commercial uses such as retail stores, entertainment venues, restaurants and amusement parks on EFU land." Mike McCarthy, testifying for Ag for Oregon, warned the bill could allow non-farm retail and even a gas station under certain interpretations.
Farmers and small operators gave concrete examples of why flexibility matters: Kat Topaz described how farm-to-plate dinners and small agritourism activities helped her pay farm wages after crop losses and heat events; commissioners from Eastern Oregon testified in support, citing lost family farms and the need for additional revenue streams.
The committee did not vote on HB 4153; because the public hearing generated more in-person opposition than could be heard within the allocated time, the co-chairs held the hearing over to Monday, Feb. 9, and invited additional remote testimony and written comments within 48 hours.
Next steps: HB 4153 returns to committee for additional testimony and possible amendment before a work session.
