This document includes House Committee Amendments incorporated into the bill on Thu, Feb 16, 2017 at 12:28 PM by ryoung.
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Mar 7, 2017 at 11:31 AM by lucydaynes.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Mar 7, 2017 at 6:29 PM by lpoole.



Chief Sponsor: Stephen G. Handy

Senate Sponsor: Evan J. Vickers


8     General Description:
9          This bill provides that state regulation of commercial feed, fertilizer, pesticides, and
10     seeds preempts local regulation.
11     Highlighted Provisions:
12          This bill:
13          ▸     states that the Department of Agriculture and Food, subject to relevant federal law,
14     has exclusive jurisdiction to regulate commercial feed, fertilizer, pesticides, and
15     seeds in the state;
16          ▸     states that the regulation of commercial feed, fertilizer, pesticides, and seeds is of
17     statewide concern and state code occupies the whole field of potential regulation;
18     and
19          ▸     states that Ŝ→ , subject to an exemption, ←Ŝ a political subdivision of the state is
19a     prohibited from regulating
20     commercial feed, fertilizer, pesticides, or seeds, and local ordinances that seek to
21     regulate commercial feed, fertilizer, pesticides, or seeds are void.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     ENACTS:

28          4-2-16, Utah Code Annotated 1953

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 4-2-16 is enacted to read:
32          4-2-16. Preemption.
33          (1) Subject to Ĥ→ concurrence with ←Ĥ relevant federal laws Ŝ→ and except as
33a1     provided in Subsection (4) ←Ŝ , the department has
33a     exclusive jurisdiction over
34     regulation regarding:
35          (a) commercial feed, as described in Chapter 12, Utah Commercial Feed Act;
36          (b) fertilizer, as described in Chapter 13, Utah Fertilizer Act;
37          (c) pesticides, as described in Chapter 14, Utah Pesticide Control Act; and
38          (d) seeds, as described in Chapter 16, Utah Seed Act.
39          (2) The regulation of commercial feed, fertilizer, pesticides, and seeds within the state
40     Ŝ→ [
are] is ←Ŝ of statewide concern and Ŝ→ , except as provided in Subsection (4), ←Ŝ this title
40a     occupies the whole field of potential regulation.
41          (3) Ŝ→ [
A] Except as provided in Subsection (4), a ←Ŝ political subdivision of the state is
41a     prohibited from regulating commercial feed,
42     fertilizer, pesticides, and seeds, and local ordinances, resolutions, amendments, regulations, or
43     laws that seek to do so are void.
44          (4) Nothing in this section preempts or otherwise limits the authority of a political
45     subdivision to Ŝ→ :
45a          (a) ←Ŝ adopt and enforce zoning regulations, fire codes, building codes, or waste
46     disposal restrictions Ŝ→ [
.] ; or     
46a          (b) in consultation with the department, enforce, maintain, amend, or otherwise
46b     continue to implement a regulation created on or before January 1, 2017 related to the use of
46c     pesticides and fertilizers in Ŝ→ [
a] surface water and groundwater ←Ŝ source water
46d     protection Ŝ→ [
zone] areas ←Ŝ . ←Ŝ

Legislative Review Note
Office of Legislative Research and General Counsel