senate Bill S848

2011-2012 Legislative Session

Relates to the regulation of the sale and analysis of fertilizer

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Mar 29, 2012 advanced to third reading
Mar 28, 2012 2nd report cal.
Mar 27, 2012 1st report cal.452
Jan 04, 2012 referred to agriculture
Jun 24, 2011 committed to rules
Apr 04, 2011 advanced to third reading
Mar 31, 2011 2nd report cal.
Mar 30, 2011 1st report cal.287
Jan 05, 2011 referred to agriculture

Votes

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Mar 27, 2012 - Agriculture committee Vote

S848
8
1
committee
8
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Agriculture committee vote details

Agriculture Committee Vote: Mar 27, 2012

nay (1)
aye wr (1)

Mar 30, 2011 - Agriculture committee Vote

S848
8
1
committee
8
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Agriculture committee vote details

Agriculture Committee Vote: Mar 30, 2011

nay (1)
aye wr (1)

Co-Sponsors

S848 - Bill Details

See Assembly Version of this Bill:
A6908
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง145-a, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
S2475, A6039

S848 - Bill Texts

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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.

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BILL NUMBER:S848 REVISED 07/16/12

TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to regu-
lation of the sale and analysis of fertilizer

PURPOSE OR GENERAL IDEA OF BILL:
This bill would provide the New York State Department of Agriculture and
Markets with authority to make a standard label for all fertilizers and
regulate its sale.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the Agriculture and Markets Law by adding a new Section
145-a, prohibiting municipal governments from adopting any regulations
on labeling and sale of fertilizer that are different from or in addi-
tion to any such requirement adopted in accordance with Article 10;
renders any local legislation in violation of this section void and
unenforceable; and does not preempt or otherwise limit the authority of
any county or municipality to adopt and enforce zoning regulations, fire
codes, building codes or wasted disposal restrictions.

The bill does not change the Department of Environmental Conservation's
sole authority under NYS Environmental Law Section 17-2105 to regulate
application of fertilizer, however, it does create, under the regulation
of the Department of Agriculture and Markets, a standard of state law
for labeling and sale that would not be preempted by local law.

Section 2 sets the effective date.

JUSTIFICATION:
Municipal governments are beginning to pass local laws regulating the
sale and labeling of fertilizers with the belief that application of
them is harmful to the environment and, specifically, that restricting
fertilizer use will improve the quality of drinking water. This theory
is unsupported by science and, in fact, has been proven to be incorrect.
In fact, these local regulations may even do more harm than good.

Properly applied, fertilizer is of no threat to the environment and, in
residential settings, promotes fuller thicker lawns. A Pennsylvania
State University study showed thick lawns slow the velocity of run-off
and allow water to infiltrate the ground 15 times greater than a patchy,
weed-infested lawn. An average lawn allows a run-off rate of about a
half-gallon of water per minute during peak rainfall, as opposed to a
rate of 7.5 gallons per minute from a lawn that is thinly seeded and
bare. Research has also shown that the amount of phosphorous in run-off
from lawns without phosphorous fertilizer was significantly higher than
from lawns fertilized with phosphorous - the exact opposite of the
intended effect of these local regulations.

In addition, allowing for varied local regulations would create a patch-
work of differing fertilizer labeling and sale requirements from munici-

pality to municipality that would make it very difficult - and costly -
for businesses to achieve compliance. This would drive landscapers and
fertilizer applicators out of business while driving the cost of ferti-
lizer applications up, placing an undue share of the burden on the
consumer. Most importantly, the local governments considering these
regulations often do not have the scientific or environmental expertise
to create and enforce local fertilizer regulations, nor have they
considered the cost of the program, which very likely could cause local
tax increases.

This legislation, therefore, provides pre-emptive responsibility for the
regulation of the sale and labeling of fertilizer to the one agency in
the state with the expertise required to do so - the New York State
Department of Agriculture and Markets.

PRIOR LEGISLATIVE HISTORY:
2009,2010: S.247S/A.6039 Referred to Agriculture
2007,2008: S.8493/A.11521 Referred to Rules

FISCAL IMPLICATIONS:
None to the state. Additionally, this legislation
could serve to avert unforeseen tax increases on the local level.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   848

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- 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:

  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.
                                                           LBD03443-01-1

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