|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|
senate Bill S848
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S848 - Details
S848 - 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.
S848 - Sponsor Memo
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.
S848 - Bill Text download pdf
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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