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Assembly Bill A6039

2009-2010 Legislative Session

Relates to the regulation of the sale and analysis of fertilizer

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Archive: Last Bill Status - In Assembly Committee

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2009-A6039 (ACTIVE) - Details

See Senate Version of this Bill:
S2475
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง145-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6908, S848
2013-2014: S3909
2015-2016: S3061
2017-2018: S527

2009-A6039 (ACTIVE) - Summary

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.

2009-A6039 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6039

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2009
                               ___________

Introduced  by  M.  of  A.  KOON, MAGEE -- read once and referred 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:

  Section 1. The agriculture and markets law is amended by adding a  new
section 145-a to read as follows:
  S  145-A. STATE PREEMPTION OF REGULATION OF FERTILIZER SALE AND ANALY-
SIS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO CITY, COUNTY,  OR
OTHER POLITICAL SUBDIVISION SHALL ADOPT ANY LABELING REQUIREMENT, QUALI-
TY  STANDARD,  RECORDKEEPING  REQUIREMENT,  TRANSPORTATION  REQUIREMENT,
TREATMENT REQUIREMENT, OR PROHIBITION THAT IS DIFFERENT FROM OR IN ADDI-
TION TO ANY SUCH REQUIREMENT ADOPTED IN ACCORDANCE  WITH  THIS  ARTICLE.
THIS  INCLUDES  ANY  REQUIREMENT GOVERNING PRODUCTION, USE, ADVERTISING,
SALE, DISTRIBUTION,  STORAGE,  TRANSPORTATION,  FORMULATION,  PACKAGING,
LABELING,   CERTIFICATION,  REGISTRATION,  APPLICATION,  IMPORTATION  OR
DISPOSAL OF FERTILIZER AS DEFINED IN THIS ARTICLE.
  2. LOCAL LEGISLATION IN VIOLATION OF THIS SECTION SHALL  BE  VOID  AND
UNENFORCEABLE.  FOR  PURPOSES  OF  THIS  SECTION, THE TERM "LOCAL LEGIS-
LATION" MEANS ANY ORDINANCE, MOTION, RESOLUTION, AMENDMENT,  REGULATION,
OR  RULE  ADOPTED  BY  A POLITICAL SUBDIVISION OF THE STATE.  NOTHING IN
THIS SECTION PREEMPTS OR OTHERWISE LIMITS THE AUTHORITY OF ANY COUNTY OR
MUNICIPALITY TO ADOPT AND ENFORCE ZONING REGULATIONS, FIRE CODES, BUILD-
ING CODES, OR WASTE DISPOSAL RESTRICTIONS.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02498-01-9

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