Bill Text: AZ SB1050 | 2016 | Fifty-second Legislature 2nd Regular | Introduced
Bill Title: Food producers; prohibited ordinances
Spectrum: Moderate Partisan Bill (Republican 11-2)
Status: (Introduced - Dead) 2016-01-12 - Referred to Senate GOV Committee [SB1050 Detail]
Download: Arizona-2016-SB1050-Introduced.html
PREFILED JAN 06 2016
|
REFERENCE TITLE: food producers; prohibited ordinances |
|
State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
|
|
SB 1050 |
|
|
|
Introduced by Senators Farnsworth D, Lesko: Allen, Barto, Begay, Biggs, Burges, Shooter; Representatives Bolding, Borrelli, Cardenas, Lawrence, Townsend
|
AN ACT
Amending sections 3‑561, 3‑562 and 3‑563, Arizona Revised Statutes; relating to the sale of food products by producers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 3-561, Arizona Revised Statutes, is amended to read:
3-561. Definitions
In this article, unless the context otherwise requires:
2. 1. "Food product" includes:
(a) Every product of the soil in its natural or manufactured state.
(b) Beef and beef products.
(c) Swine and pork products.
(d) Fowls and poultry products.
(e) Eggs and egg products.
(f) Milk and milk products.
(g) Lamb and sheep products.
1. 2. "Producer" includes owners, proprietors or tenants of agricultural lands, orchards, farms and gardens, including residential and community gardens, whereon where food products are grown, raised or prepared for market.
Sec. 2. Section 3-562, Arizona Revised Statutes, is amended to read:
3-562. Restrictions on production and sales of food products by producers prohibited
A. The producers of food products on agricultural lands, and farms and in gardens, including residential and community gardens, shall never under any pretext may not be denied or restricted the right to sell and dispose of their products, except in the manner and to the extent provided in this article, and subject to inspection by lawful authority when the inspection is uniform as to the same product and without cost to the producer.
B. The right to sell and dispose of food products shall extend extends to the producer in person, members of his the producer's family, his the producer's agents and all persons in his the producer's service, when the products are sold or disposed of on his the producer's behalf and for his the producer's benefit.
C. A city, town or county may not deny or restrict a producer of food products on agricultural lands and farms and in gardens, including residential and community gardens, from the right to produce food products, except in the manner and to the extent provided in this article, and subject to inspection by lawful authority when the inspection is uniform as to the same product and without cost to the producer.
Sec. 3. Section 3-563, Arizona Revised Statutes, is amended to read:
3-563. Tax, license or fee against producers prohibited
A. No A tax, license or fee shall may not be imposed, or levied upon, on or demanded or collected from a producer for a sale of a food product as defined in this article, and no a penalty or punishment shall may not be imposed on account of the sale, except for a violation of laws providing for inspection.
B. A municipal city, town or county ordinance which that seeks to impose or subject a producer to a tax, license or fee shall be is void, except that all such products in common with similar products offered for sale by persons not the producers thereof shall be are subject to inspection. A municipal city, town or county ordinance providing for inspection shall is not be valid unless it applies in the same manner and on the same terms to other persons offering similar products for sale.
