Bill Text: AZ SB1250 | 2018 | Fifty-third Legislature 2nd Regular | Introduced
Bill Title: Food producers; prohibited ordinances
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-07 - Senate GOV Committee action: Failed To Pass, voting: (2-5-0-0) [SB1250 Detail]
Download: Arizona-2018-SB1250-Introduced.html
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REFERENCE TITLE: food producers; prohibited ordinances |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SB 1250 |
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Introduced by Senator Farnsworth D
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AN ACT
amending sections 3-561, 3-562 and 3-563, Arizona Revised Statutes; relating to food products.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Heading change
The article heading of title 3, chapter 3, article 7, Arizona Revised Statutes, is changed from "SALE OF FOOD PRODUCTS BY PRODUCERS" to "SALE AND PRODUCTION OF FOOD PRODUCTS BY PRODUCERS".
Sec. 2. Section 3-561, Arizona Revised Statutes, is amended to read:
3-561. Definitions
In this article, unless the context otherwise requires:
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.
(h) Animal feed that is grown or raised by the producer and sold as feed for:
(i) Livestock, poultry or ratites purchased or raised for slaughter. , including
(ii) Livestock purchased or raised for production or use, such as milk cows, breeding bulls, laying hens and riding or work horses.
2. "Producer" includes owners, proprietors or tenants of agricultural lands, orchards, farms and gardens, including residential and community gardens, where food products are grown, raised or prepared for market.
Sec. 3. 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, shall never under any pretext including residential and community gardens, 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 if the inspection is uniform as to the same product and is 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 is without cost to the producer.
Sec. 4. Section 3-563, Arizona Revised Statutes, is amended to read:
3-563. Tax, license or fee against producers and purchasers prohibited
A. A tax, license or fee may not be imposed or levied on or demanded or collected from:
1. A producer for a sale of a food product.
2. A purchaser of a food product from a producer.
B. A penalty or punishment may not be imposed on account of the sale of a food product, except for a violation of laws providing for inspection.
C. A municipal city, town or county ordinance that seeks to impose or subject a producer, or a purchaser of a food product from a producer, to a tax, license or fee is void, except that all such products in common with similar products offered for sale by persons not the producers thereof are subject to inspection. A municipal city, town or county ordinance providing for inspection is not valid unless it applies in the same manner and on the same terms to other persons offering similar products for sale.
