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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;
18 and
19 ▸ states that a political subdivision of the state is 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
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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 relevant federal laws, the department has 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 are of statewide concern and this title occupies the whole field of potential regulation.
41 (3) A political subdivision of the state is 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 adopt and enforce zoning regulations, fire codes, building codes, or waste
46 disposal restrictions.
Legislative Review Note
Office of Legislative Research and General Counsel