Revision: Dec. 15, 2023, 2:57 p.m.
HB 1575 - AS INTRODUCED
2024 SESSION
24-2160
08/10
HOUSE BILL 1575
AN ACT prohibiting the state of New Hampshire from enforcing any federal agricultural checkoff program.
SPONSORS: Rep. Bailey, Straf. 2
COMMITTEE: Environment and Agriculture
-----------------------------------------------------------------
ANALYSIS
This bill prohibits the state of New Hampshire from enforcing payments for any federal checkoff program for agricultural commodities.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2160
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT prohibiting the state of New Hampshire from enforcing any federal agricultural checkoff program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Department of Agriculture, Markets, and Food. Amend RSA 425:2 to read as follows:
425:2 General Functions.
I. The department of agriculture, markets, and food shall be responsible for the following general functions:
[I.] (a) Promoting and regulating agriculture in all its branches.
[II.] (b) Regulating all commercial transactions involving the measurement of weight, distance, volume, or time.
[III.] (c) Regulating the quality and grade of agricultural crops and supplies and food products. Nothing in this paragraph shall be construed to apply to dietary supplements as defined in 21 U.S.C. 321, as amended by the Dietary Supplement Health and Education Act of 1994, and as may be amended from time to time.
[IV.] (d) Gathering and disseminating information on agriculture, crop production, market activity, and other subjects consistent with the responsibilities of the department.
[V.] (e) Cooperating with other agencies of the state and federal governments, the university of New Hampshire, commodity and consumer groups in the public interest and all who are engaged within this state in any form of agriculture, or its allied vocations, for advice on those activities.
[VI.] (f) Conducting such other activities as the statutes shall direct.
II. Pursuant to the general court’s authority under Part II, Article 5 of the New Hampshire Constitution, the state of New Hampshire, a political subdivision of this state, or any person acting under the color of state, county, or municipal law shall be prohibited from using any personnel or financial resources to enforce, administer, or cooperate with any civil issue arising from a farmer's non-compliance with the payment of federal checkoff program fees.
(a) For the purposes of this section, "federal checkoff program fees" shall refer to any mandatory assessments or fees imposed by a federal agricultural checkoff program for the promotion, research, and marketing of agricultural commodities.
(b) No farmer in the state shall be subject to legal action, penalties, fines, or any form of civil enforcement by state authorities due to their non-compliance with federal checkoff program fees.
(c) Any attempt by state agencies, departments, or other entities to initiate or pursue civil enforcement actions against farmers for non-payment of federal checkoff program fees shall be considered null and void.
(d) The state of New Hampshire reaffirms its commitment to preserving the voluntary nature of state-level checkoff programs related to agricultural commodities.
(e) No state agency, department, or entity shall institute or enforce any state-level checkoff program in a manner that compels agricultural producers to participate or contribute involuntarily.
(f) Agricultural producers in the state shall retain the right to choose whether to participate in state-level checkoff programs and shall not be subject to any form of coercion, penalty, or legal action for opting out of such programs.
(g) State-level checkoff programs shall be structured in a manner that respects the autonomy of agricultural producers and their freedom to make independent decisions regarding their participation and financial contributions.
(h) Any attempt to mandate participation, impose fees, or coerce agricultural producers into state-level checkoff programs shall be considered inconsistent with the principles of voluntary participation and individual choice and shall be rendered void.
(i) This section shall apply to all existing and future state-level checkoff programs, ensuring that agricultural producers' rights to voluntary engagement are upheld.
2 Effective Date. This act shall take effect 60 days after its passage.