Bill Text: OR SB633 | 2013 | Regular Session | Engrossed

---

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

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB633 Detail]

Download: Oregon-2013-SB633-Engrossed.html

---

     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 3119

                           A-Engrossed

                         Senate Bill 633
                 Ordered by the Senate April 25
           Including Senate Amendments dated April 25

Sponsored by Senators HANSELL, JOHNSON, KRUSE, ROBLAN,
  BAERTSCHIGER JR

                             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.

  Makes legislative finding and declaration that regulation of
agricultural seed, flower seed { + , nursery seed + } and
vegetable seed and products of agricultural seed, flower
seed { + , nursery seed + } and vegetable seed be reserved to
state. Prohibits enactment or enforcement of local measures to
regulate agricultural seed, flower seed { + , nursery seed + }
and vegetable seed or products of agricultural seed, flower
seed { + , nursery 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.  { + (1) As used in this section, 'nursery seed '
means any propagant of nursery stock as defined in ORS 571.005.
  (2) The Legislative Assembly finds and declares that:
  (a) The production and use of agricultural seed, flower seed,
nursery seed and vegetable seed and products of agricultural
seed, flower seed, nursery seed and vegetable seed are of
substantial economic benefit to this state;
  (b) The economic benefits resulting from agricultural seed,
flower seed, nursery 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, nursery seed and vegetable seed and products
of agricultural seed, flower seed, nursery seed and vegetable
seed to the state; and
  (c) The agricultural seed, flower seed, nursery 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:
  (a) 'Local government' has the meaning given that term in ORS
174.116.

  (b) 'Nursery seed' means any propagant of nursery stock as
defined in ORS 571.005.
  (2) Except as provided in subsection (3) of this section, a
local government may not enact or enforce a local law or 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, nursery seed or vegetable seed
or products of agricultural seed, flower seed, nursery seed or
vegetable seed. The prohibition imposed by this subsection
includes, but is not limited to, any local laws or 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, nursery seed or vegetable
seed or products of agricultural seed, flower seed, nursery seed
or vegetable seed.
  (3) Subsection (2) of this section does not prohibit a local
government from enacting or enforcing a local law or measure to
inhibit or prevent the production or use of agricultural seed,
flower seed, nursery seed or vegetable seed or products of
agricultural seed, flower seed, nursery seed or vegetable seed on
property owned by the local government. + }
                         ----------