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Help! Please!
2005 Seed & Plant Law Preemption Tracker
Somebody unkind and disrespectful
to your health wants to take away
your Seeds. I urge you to take
action this very minute!
Your Enchanted Gardener
Leslie
Date: 8/12/2005 1:02:32 PM ( 19 y ) ... viewed 1066 times 2005 Seed & Plant Law Preemption Tracker
In late 2004, the American Farm Bureau Federation in association with the industries promoting agricultural biotechnology began a preemptive march through the state legislatures. The bills (if passed) effectively prohibit local governments and communities from passing policies, ordinances, or initiatives related to seeds and plants including genetically modified ones (GMOs).
- California legislators attempt preemption.
- Read more about preemption, politics, and regional self-rule.
Seeds and plants represent our livelihood. They help our natural world flourish. Plants produce our foods, give sustenance to insects and microorganisms, and are essential to life! Shouldn't local governments retain the ability to make decisions regarding the seeds and plants we sow? Apparently some legislators do not think so. Here is an updated list of states which have pending or passed legislation removing local governments' rights to make decisions regarding seeds and plants.
View last date your state was searched for seed & plant preemption laws
updated 8/1/2005
State Name By Language Link to Activity
Arizona SB1282 Arzberger, Bee, Cannell, Flake Amended: The regulation and use of seeds are of statewide concern. The regulation of seeds pursuant to this article and their use is not subject to further regulation by a county, city, town, or other political subdivision of this state. PASSED
4/22/05
Senate 30-0
House 57-2
__
CALIFORNIA;
ACTIVITY NOT PASSED YET!!!
ACT TODAY
PLEASE VOICE YOUR OPPOSITION TO SB1056, WHICH IMPEDES
OUR ABILITY AS COMMUNITY MEMBERS TO PROTECT AND CREATE
A SUSTAINABLE FOOD SUPPLY.
CONTACT YOUR LEGISLATOR
GO TO HTTP://WWW.leginfo.ca.gov/yourleg.htm
and type in your zipcode.
also reach Senate Pro Tem Don Perata
Senator.perata@sen.ca.gov
and Assemby Speaker
Fabian Nunez
assemblymember.nunez@ammembly.ca.gov
The man who is putting this through is
Sen Dean Florez D-Shafner (Kern county)
California SB1056 Florez May read: Except as otherwise specifically provided in this act, no ordinance or regulation of any political subdivision may prohibit or in any way attempt to regulate any matter relating to the registration, labeling, sale, storage, transportation, distribution, notification of use or use of seeds. Activity
Florida SB858 & HB1717 Senator Smith In order to ensure uniform health and safety standards, the adoption of standards and fines in the subject areas of paragraphs (a)-(n) is expressly preempted to the state and the Department of Agriculture and Consumer Services. Any local government enforcing the subject areas of paragraphs (a)-(n) must use the standards and fines set forth in the pertinent statutes or any rules adopted by the department pursuant to those statutes. SB858
- substituted for HB1717
------------------------------------------------------------------------
HB1717
PASSED
5/6/05
Senate 39-0
House 116-0
Georgia SB87 Bulloch, Hudgens, Kemp No county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution regulating the labeling, packaging, sale, storage, transportation, distribution, notification of use, or use of seeds. PASSED
2/18/05
Senate 49-1
House 117-36
Idaho HB38
(Seeds & Labeling) Agricultural Affairs This chapter and its provisions are of statewide concern and occupy the whole field of regulation regarding the registration, labeling, sale, storage, transportation, distribution, notification of use, and use of seeds to the exclusion of all local ordinances, rules or regulations. Except as otherwise specifically provided in this chapter, no ordinance, rule or regulation of any political subdivision may prohibit or in any way attempt to regulate any matter relating to the registration, labeling, sale, storage, transportation, distribution, notification of use, or use of seeds. PASSED
3/23/05
Senate 34-0-0
House 65-3-2
Indiana HB1302 Gutwein, Friend, Grubb Regulation of seeds. Prohibits a political subdivision from regulating the storage and use of seeds unless the political subdivision is granted a waiver by the state seed commissioner. PASSED
3/25/05
Senate 39-10
House 86-9
Iowa HF642 Committee on Agriculture It is the intent of the general assembly in enacting this Act to accomplish uniformity in oversight and regulation of seed used in agriculture. It is not intended that this Act preclude a local governmental entity from pursuing governmental activities not in conflict with this Act. PASSED
4/6/05
Senate 33-16
House 70-27
Kansas HB2341 Committee on Agriculture Preemptive Fertilizer Bill amended to include seeds: On and after the effective date of this section,the provisions of the Kansas seed law, and any rules and regulations promulgated thereunder relating to seed sale or use, including, but not limited to, planting, production, use, advertising, sale, distribution, storage, transportation, formulation, packaging, labeling, certification or registration of an agricultural seed within the state of Kansas, shall be applicable and uniform throughout this state and in all cities, counties and political subdivisions therein. No local authority shall enact or enforce any law, ordinance, rule, regulation or resolution in conflict with, in addition to, or supplemental to, the provisions of the Kansas seed law unless expressly authorized by law to do so. Any law, ordinance, rule, regulation or resolution in conflict with, in addition to, or supplemental to, the provisions of the Kansas seed law is hereby declared to be invalid and of no effect. PASSED
4/1/05
with seed amendment
Senate 39-0
House 123-0
North Carolina H671 Representative Hill The Board of Agriculture shall have sole authority for the banning of plants as defined in G.S. 106 202.12(7). Activity
Passed House 116-1
In Senate
North Dakota SB2277 Flakoll, Christmann, Klein A political subdivision, including a home rule city or county, may not adopt or continue in effect any ordinance, resolution, initiative, or home rule charter regarding the registration, labeling, distribution, sale, handling, use, application, transportation, or disposal of seed. This section does not apply to city zoning ordinances. PASSED
3/16/05
69 - 25
Ohio HB66 Calvert Operating Budget Bill Amended with the following clause: Prohibits political subdivisions from regulating or enacting legislation relating to the registration, packaging, labeling, sale, storage, distribution, use or application of fertilizer and from regulating or enacting legislation relating to the registration, sale, or storage, transportation, distribution, notification of use, use, or planting of seed. PASSED
6/30/05
with seed amendment
Oklahoma HB1471 Dewitt An Act relating to agriculture; providing for certain jurisdiction for seeds; preempting local jurisdiction for seeds; providing for codification; and providing an effective date. PASSED
4/18/05
Senate 45-0
House 96-0
Pennsylvania HB2387 Hinkernell Statewide jurisdiction and preemption. This chapter and its provisions are of Statewide concern and occupy the whole field of regulation regarding the registration, labeling, sale, storage, transportation, distribution, notification of use, and use of seeds to the exclusion of all local regulations. Except as otherwise specifically provided in this act, no ordinance or regulation of any political subdivision or home rule municipality may prohibit or in any way attempt to regulate any matter relating to the registration, labeling, sale, storage, transportation, distribution, notification of use or use of seeds, if any of these ordinances, laws or regulations are in conflict with this chapter. PASSED
11/29/04
46 - 0
South Dakota SB152 Duenwald, Greenfield, Hanson, and Hanson Enjoin the enforcement of any ordinance, regulation, or action of any political subdivision of this state which is in conflict with any provision of this chapter or any rule promulgated pursuant to § 38-12A-20. PASSED
2/25/05
Senate 31-2
House 68-0
Texas HB2313 Miller Sec. 71.153. LOCAL REGULATION. (a) A political subdivision may not adopt an ordinance or rule that restricts the planting, sale, or distribution of noxious or invasive plant species. PASSED
6/17/05
Senate 31-0
House 136-0
West Virginia SB580
(Introduced 3/17/05) Senators Facemyer and Edgell Statewide jurisdiction and preemption. - This chapter and its provisions are of statewide concern and occupy the whole field of regulation regarding the registration, labeling, sale, storage, transportation, distribution, notification of use, and use of seeds to the exclusion of all local regulations. Except as otherwise specifically provided in this article, no ordinance or regulation of any political subdivision or home rule municipality may prohibit or in any way attempt to regulate any matter relating to the registration, labeling, sale, storage, transportation, distribution, notification of use or use of seeds, if any of these ordinances, laws or rules are in conflict with this chapter. PASSED
4/16/05
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