Bill Text: NY S03909 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the regulation of the sale and analysis of fertilizer; prohibits local governments from enacting any laws relating to the labeling, quality, transportation, treatment or recordkeeping requirements for the sale or use of fertilizer in this state.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO AGRICULTURE [S03909 Detail]

Download: New_York-2013-S03909-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3909
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 26, 2013
                                      ___________
       Introduced  by  Sens. YOUNG, GALLIVAN -- read twice and ordered printed,
         and when printed to be committed to the Committee on Agriculture
       AN ACT to amend the agriculture and markets law, in  relation  to  regu-
         lation of the sale and analysis of fertilizer
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The agriculture and markets law is amended by adding a  new
    2  section 145-a to read as follows:
    3    S  145-A. STATE PREEMPTION OF REGULATION OF FERTILIZER SALE AND ANALY-
    4  SIS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO CITY,  COUNTY  OR
    5  OTHER POLITICAL SUBDIVISION SHALL ADOPT ANY LABELING REQUIREMENT, QUALI-
    6  TY  STANDARD,  RECORDKEEPING  REQUIREMENT,  TRANSPORTATION  REQUIREMENT,
    7  TREATMENT REQUIREMENT OR PROHIBITION THAT IS DIFFERENT FROM OR IN  ADDI-
    8  TION  TO  ANY  SUCH REQUIREMENT ADOPTED IN ACCORDANCE WITH THIS ARTICLE.
    9  THIS INCLUDES ANY REQUIREMENT GOVERNING  PRODUCTION,  USE,  ADVERTISING,
   10  SALE,  DISTRIBUTION,  STORAGE,  TRANSPORTATION,  FORMULATION, PACKAGING,
   11  LABELING,  CERTIFICATION,  REGISTRATION,  APPLICATION,  IMPORTATION   OR
   12  DISPOSAL OF FERTILIZER AS DEFINED IN THIS ARTICLE.
   13    2.  LOCAL  LEGISLATION  IN VIOLATION OF THIS SECTION SHALL BE VOID AND
   14  UNENFORCEABLE. FOR PURPOSES OF THIS  SECTION,  THE  TERM  "LOCAL  LEGIS-
   15  LATION"  MEANS ANY ORDINANCE, MOTION, RESOLUTION, AMENDMENT, REGULATION,
   16  OR RULE ADOPTED BY A POLITICAL SUBDIVISION OF THE  STATE.    NOTHING  IN
   17  THIS SECTION PREEMPTS OR OTHERWISE LIMITS THE AUTHORITY OF ANY COUNTY OR
   18  MUNICIPALITY TO ADOPT AND ENFORCE ZONING REGULATIONS, FIRE CODES, BUILD-
   19  ING CODES OR WASTE DISPOSAL RESTRICTIONS.
   20    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06907-01-3