Pre-emption of Local Agriculture Laws Act

The Pre-emption of Local Agriculture Laws Act was adopted by ALEC's Energy, Environment and Agriculture Task Force.

ALEC Bill Text

Summary

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.

Model Policy

Section 1.

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 2.

(1) As used in this section, “local government” has the meaning given that term in {State General Statutes}

(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.