Massachusetts General Laws

Mass. Gen. Laws ch. 128, § 1A (2026)

Farming, agriculture, farmer; definitions

✓ current as of July 2026

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Section 1A. ''Farming'' or ''agriculture'' shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur-bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1972–2024 · leading case: Arias-Villano v. Chang & Sons Enter., Inc., 118 N.E.3d 835 (Mass. 2019).

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Arias-Villano v. Chang & Sons Enter., Inc., 118 N.E.3d 835 (Mass. 2019). · cites it 3× “The House bill first introducing the agricultural exemption in 1967 referenced a broad *840 definition of agriculture and farming found in G. L. c. 128, § 1A, which is nearly identical to the definition of agriculture **631 in the FLSA.”

Bldg. Inspector of Mansfield v. Curvin, 494 N.E.2d 42 (Mass. App. Ct. 1986). · cites it 2× “181, of G.L.c. 128, § 1A, and by St. 1966, c. 217, of G.”

Henry v. Bd. of Appeals of Dunstable, 641 N.E.2d 1334 (Mass. 1994). “First, G. L. c. 128, § 1A (1992 ed.), defines “agriculture” and “farming” to include practices by a farmer on a farm incident to or in conjunction with the growing and harvesting *844 of forest products.”

Dep't of Pub. Health v. Cumberland Cattle Co., 282 N.E.2d 895 (Mass. 1972). “468, § 1, special statutes authorizing the city to use the waters of the river for its water supply, these waters have not become a “water supply” under G.”

Modern Cont'l Constr. Co. v. Bldg. Inspector, 674 N.E.2d 247 (Mass. App. Ct. 1997). “111, § 1; G. L. c. 128, § 1A) as well as dictionaries (see, e.”

Rosenfeld v. Carty, 26 Mass. L. Rptr. 320 (Mass. Super. Ct. 2009). · cites it 2× “The Board held further hearings, concluded that the proposal constituted an agricul *322 tural use under G.L.c. 128, §1A, and granted a special permit authorizing the residence and horse stable/riding facility, including stables for twenty-four horses, subject to certain stated…”

Casey Fleming & Others v. Zoning Bd. of Appeals of Oxford & Others. (Mass. App. Ct. 2024). “3 prohibits home occupations that may create a hazard or become a nuisance (hazard or nuisance provision), and the zoning enforcement officer stated that he 7 The definition is found in G. L. c. 128, § 1A: "'Farming' or 'agriculture' shall include farming in all of its branches…”

Town of Uxbridge EX REL. Girouard v. Vecchione, 21 Mass. L. Rptr. 307 (Mass. Super. Ct. 2006). “” G.L.c. 128, §1A, states, in relevant part: “ ‘[F]arming’ or ‘agriculture’ shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, floricultural or horticultural…”

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