7 LONG TITLE
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;
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:
24 Other Special Clauses:
26 Utah Code Sections Affected:
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→ [
40a occupies the whole field of potential regulation.
41 (3) Ŝ→ [
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→ [
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→ [
46d protection Ŝ→ [
Legislative Review Note
Office of Legislative Research and General Counsel