Bill Text: OR HB3192 | 2013 | Regular Session | Introduced

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Bill Title: Relating to the preemption of local laws regulating agriculture.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3192 Detail]

Download: Oregon-2013-HB3192-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3140

                         House Bill 3192

Sponsored by Representative ESQUIVEL

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Makes legislative finding and declaration that regulation of
agricultural seed, flower seed and vegetable seed and products of
agricultural seed, flower seed and vegetable seed be reserved to
state. Prohibits enactment or enforcement of local measures to
regulate agricultural seed, flower seed and vegetable seed or
products of agricultural seed, flower seed and vegetable seed.

                        A BILL FOR AN ACT
Relating to the preemption of local laws regulating agriculture.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. { +  Sections 2 and 3 of this 2013 Act are added to
and made a part of ORS 633.511 to 633.750. + }
  SECTION 2.  { + The Legislative Assembly finds and declares
that:
  (1) The production and use of agricultural seed, flower seed
and vegetable seed and products of agricultural seed, flower seed
and vegetable seed are of substantial economic benefit to this
state;
  (2) The economic benefits resulting from agricultural seed,
flower seed and vegetable seed and seed product industries in
this state make the protection, preservation and promotion of
those industries a matter of statewide interest that warrants
reserving exclusive regulatory power over agricultural seed,
flower seed and vegetable seed and products of agricultural seed,
flower seed and vegetable seed to the state; and
  (3) The agricultural seed, flower seed and vegetable seed and
seed product industries in this state will be adversely affected
if those industries are subject to a patchwork of local
regulations. + }
  SECTION 3.  { + (1) As used in this section, 'local government
' has the meaning given that term in ORS 174.116.
  (2) Except as provided in subsection (3) of this section, a
local government may not enact or enforce a measure, including
but not limited to, an ordinance, regulation, control area or
quarantine, to inhibit or prevent the production or use of
agricultural seed, flower seed or vegetable seed or products of
agricultural seed, flower seed or vegetable seed. The prohibition
imposed by this subsection includes, but is not limited to, any
measures for regulating the display, distribution, growing,
harvesting, labeling, marketing, mixing, notification of use,
planting, possession, processing, registration, storage,
transportation or use of agricultural seed, flower seed or
vegetable seed or products of agricultural seed, flower seed or
vegetable seed.
  (3) Subsection (2) of this section does not prohibit a local
government from enacting or enforcing a measure to inhibit or
prevent the production or use of agricultural seed, flower seed
or vegetable seed or products of agricultural seed, flower seed
or vegetable seed on property owned by the local government. + }
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