Bill Text: NY A06039 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the agriculture and markets law, in relation to regulation of the sale and analysis of fertilizer

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-01-06 - referred to agriculture [A06039 Detail]

Download: New_York-2009-A06039-Introduced.html

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                           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:
    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.
                                                                  LBD02498-01-9