Budget Amendment ID: FY2012-S3-179

ENV 179

Powers of the Department of Agricultural Resources

Mr. Timilty moved that the proposed new text be amended by inserting the following new Section:-

"SECTION X.  Section 2 of Chapter 128 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding, after subsection (j), the following new subsection:-

(k) maintain exclusive authority to regulate and enforce the registration and application of plant nutrients put on or in soil to improve the quality or quantity of plant growth, including but not limited to fertilizer, manure, and micronutrients in the Commonwealth and any rule, regulation, ordinance or bylaw of a city or town which is inconsistent with or contrary to the provisions of this chapter or regulations promulgated hereunder shall be void; provided however, that the department shall work in conjunction with the University of Massachusetts Amherst Extension to ensure any such regulations of the department are consistent with the program’s published information, educational materials and other public outreach programs relative to nutrient management and fertilizer guidelines; provided further, that subject to appropriation, the Department may establish regulations pursuant to this paragraph which shall be developed in consultation with the University of Massachusetts Amherst Extension."