2-7-113.1
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2-7-113.1.
(a)
No county, municipal corporation, consolidated government, or other political
subdivision of this state shall adopt or continue in effect any ordinance, rule,
regulation, or resolution relating to pesticide use, sale, distribution,
storage, transportation, disposal, formulation, labeling, registration, or
manufacture. This provision shall in no way prohibit or impair the legal right
of any county, municipal corporation, consolidated government, or other
political subdivision of this state to issue business licenses or to make zoning
decisions.
(b)
The governing authority of any county or municipality may, by resolution,
petition the Commissioner of Agriculture for a variance from a rule or
regulation of the Commissioner because of special circumstances relating to the
use or application of a pesticide. If such a petition is received by the
Commissioner, it shall be the duty of the Commissioner to notify the President
of the Senate, the Speaker of the House of Representatives, and the chairmen of
the Agriculture Committee and Natural Resources Committee of the Senate and the
Agriculture and Consumer Affairs Committee and the Natural Resources and
Environment Committee of the House of Representatives that such petition has
been received. The Commissioner shall conduct a public hearing on such petition
and issue a decision on the requested variance within 60 days of the receipt of
the petition. If a decision is not given within 60 days of the receipt of the
petition, the variance shall automatically be granted. The Commissioner may
grant a variance requested under this subsection with or without changes.