Bill Text - HB1233 (2018)

Preempting local regulation of seeds and fertilizer.


Revision: March 8, 2018, 12:53 p.m.

HB 1233 - AS AMENDED BY THE HOUSE

 

6Mar2018... 0236h

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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AMENDED ANALYSIS

 

This bill preempts the local regulation of seeds and fertilizer.

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6Mar2018... 0236h 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.  Nothing in this subdivision shall limit the authority of any political subdivision to adopt and enforce planning, zoning and related regulations under RSA 674, including the authority to require native plantings, and combat invasive species listed in accordance with RSA 430:53 as part of a planning board's site plan review or subdivision authority or as a condition of a zoning board of adjustment's granting of a variance or special exception.

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 of fertilizer.  Additionally, no local regulation shall regulate the type of fertilizer when used for agricultural purposes as defined by RSA 21:34-a.

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

HB 1233 - AS AMENDED BY THE HOUSE

 

6Mar2018... 0236h

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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AMENDED ANALYSIS

 

This bill preempts the local regulation of seeds and fertilizer.

 

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

 

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.

6Mar2018... 0236h 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.  Nothing in this subdivision shall limit the authority of any political subdivision to adopt and enforce planning, zoning and related regulations under RSA 674, including the authority to require native plantings, and combat invasive species listed in accordance with RSA 430:53 as part of a planning board's site plan review or subdivision authority or as a condition of a zoning board of adjustment's granting of a variance or special exception.

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 of fertilizer.  Additionally, no local regulation shall regulate the type of fertilizer when used for agricultural purposes as defined by RSA 21:34-a.

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