<section number="4-2-305"><effdate>5/7/2025</effdate><histories><history>Amended by Chapter <modchap sess="2025GS">91</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Preemption.</catchline><subsection number="4-2-305(1)">Subject to concurrence with relevant federal laws and except as provided in Subsection <xref depth="4" refnumber="4-2-305(4)" start="0">(4)</xref>, the department has exclusive jurisdiction over regulation regarding:<subsection number="4-2-305(1)(a)">commercial feed, as described in <xref depth="1" refnumber="4-12" start="1">Chapter 12, Utah Commercial Feed Act</xref>;</subsection><subsection number="4-2-305(1)(b)">fertilizer, as described in Chapter 13, Utah Plant Food Act;</subsection><subsection number="4-2-305(1)(c)">pesticides, as described in <xref depth="1" refnumber="4-14" start="1">Chapter 14, Utah Pesticide Control Act</xref>; and</subsection><subsection number="4-2-305(1)(d)">seeds, as described in <xref depth="1" refnumber="4-16" start="1">Chapter 16, Utah Seed Act</xref>.</subsection></subsection><subsection number="4-2-305(2)">The regulation of commercial feed, fertilizer, pesticides, and seeds within the state is of statewide concern, except as provided in Subsection <xref depth="4" refnumber="4-2-305(4)" start="0">(4)</xref>, and this title occupies the whole field of potential regulation.</subsection><subsection number="4-2-305(3)">Except as provided in Subsection <xref depth="4" refnumber="4-2-305(4)" start="0">(4)</xref>, a political subdivision of the state is prohibited from regulating commercial feed, fertilizer, pesticides, and seeds, and local ordinances, resolutions, amendments, regulations, or laws that seek to do so are void.</subsection><subsection number="4-2-305(4)">Nothing in this section preempts or otherwise limits the authority of a political subdivision to:<subsection number="4-2-305(4)(a)">adopt and enforce zoning regulations, fire codes, building codes, or waste disposal restrictions; or</subsection><subsection number="4-2-305(4)(b)">in consultation with the department, enforce, maintain, amend, or otherwise continue to implement a regulation created on or before January 1, 2017, related to the use of pesticides and fertilizers in surface water and groundwater source water protection areas.</subsection></subsection></section>