Bill Text - HB1233 (2018)

Preempting local regulation of seeds and fertilizer.


Revision: Nov. 7, 2017, 2:22 p.m.

HB 1233 - AS INTRODUCED

 

 

2018 SESSION

18-2167

08/03

 

HOUSE BILL 1233

 

AN ACT preempting local regulation of seeds and fertilizer.

 

SPONSORS: Rep. Darrow, Graf. 17

 

COMMITTEE: Environment and Agriculture

 

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ANALYSIS

 

This bill preempts the local regulation of seeds and fertilizer.

 

This bill is a request of the department of agriculture, markets, and food.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2167

08/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT preempting local regulation of seeds and fertilizer.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Preemption of Local Regulation.  Amend RSA 433 by inserting after section 7 the following new section:

433:7-a  Preemption of Local Regulation.  Administration and enforcement of this subdivision shall be implemented in an equitable manner throughout the state.  This subdivision is of statewide concern and occupies the whole field of regulation regarding the display, distribution, growing, cultivation, harvesting, production, labeling, marketing, mixing, notification of use, planting, possession, processing, registration, sale, storage, transportation, or other use; or the inspection, analysis, examination, certification, classification, testing, or licensing of agricultural, flower tree, shrub, or vegetable seeds, or products or sellers of such seeds to the exclusion of all local regulation.  Except as otherwise specifically provided in this subdivision, no ordinance or regulation of local government, including but not limited to, an action by a local governmental agency or department, a county board of commissioners or a city council, or a local regulation adopted by the use of an initiative measure, may prohibit or in any way attempt to regulate any matter relating to the display, distribution, growing, cultivation, harvesting, production labeling, marketing, mixing, notification of use, planting, possession, processing, registration, sale, storage, transportation, or other use, or the inspection, analysis, examination, certification, classification, testing, licensing, of agricultural, flower tree, shrub, or vegetable seeds or products or sellers of such seeds and any of those ordinances, laws, or regulations are void and of no force or effect.

2  Fertilizer Regulation Preempted.  Amend RSA 431:4-d to read as follows:

431:4-d  Preemption of Local Regulation.  Except as otherwise specifically provided in this subdivision, no ordinance or regulation of local government, including but not limited to, an action by a local governmental agency or department, a county board of commissioners or a city council, or a local regulation adopted by the use of an initiative measure, may prohibit or in any way attempt to regulate any matter relating to the registration, sale, formulation, [or] transportation, or use of fertilizer.

3  Effective Date.  This act shall take effect 60 days after its passage.

HB 1233 - AS INTRODUCED

 

 

2018 SESSION

18-2167

08/03

 

HOUSE BILL 1233

 

AN ACT preempting local regulation of seeds and fertilizer.

 

SPONSORS: Rep. Darrow, Graf. 17

 

COMMITTEE: Environment and Agriculture

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill preempts the local regulation of seeds and fertilizer.

 

This bill is a request of the department of agriculture, markets, and food.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2167

08/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT preempting local regulation of seeds and fertilizer.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Preemption of Local Regulation.  Amend RSA 433 by inserting after section 7 the following new section:

433:7-a  Preemption of Local Regulation.  Administration and enforcement of this subdivision shall be implemented in an equitable manner throughout the state.  This subdivision is of statewide concern and occupies the whole field of regulation regarding the display, distribution, growing, cultivation, harvesting, production, labeling, marketing, mixing, notification of use, planting, possession, processing, registration, sale, storage, transportation, or other use; or the inspection, analysis, examination, certification, classification, testing, or licensing of agricultural, flower tree, shrub, or vegetable seeds, or products or sellers of such seeds to the exclusion of all local regulation.  Except as otherwise specifically provided in this subdivision, no ordinance or regulation of local government, including but not limited to, an action by a local governmental agency or department, a county board of commissioners or a city council, or a local regulation adopted by the use of an initiative measure, may prohibit or in any way attempt to regulate any matter relating to the display, distribution, growing, cultivation, harvesting, production labeling, marketing, mixing, notification of use, planting, possession, processing, registration, sale, storage, transportation, or other use, or the inspection, analysis, examination, certification, classification, testing, licensing, of agricultural, flower tree, shrub, or vegetable seeds or products or sellers of such seeds and any of those ordinances, laws, or regulations are void and of no force or effect.

2  Fertilizer Regulation Preempted.  Amend RSA 431:4-d to read as follows:

431:4-d  Preemption of Local Regulation.  Except as otherwise specifically provided in this subdivision, no ordinance or regulation of local government, including but not limited to, an action by a local governmental agency or department, a county board of commissioners or a city council, or a local regulation adopted by the use of an initiative measure, may prohibit or in any way attempt to regulate any matter relating to the registration, sale, formulation, [or] transportation, or use of fertilizer.

3  Effective Date.  This act shall take effect 60 days after its passage.