There Is a Newer Version
of
this Section
2021 Utah Code
Title 4 - Utah Agricultural Code
Chapter 2 - Administration
Part 3 - Enforcement and Penalties
Section 305 - Preemption.
Universal Citation:
UT Code § 4-2-305 (2021)
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on the American Association of Law Libraries Universal Citation Guide and is not
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Effective 7/1/2017
4-2-305. Preemption.
Enacted by Chapter 86, 2017 General Session
Amended by Chapter 345, 2017 General Session, (Coordination Clause)
Coordination clause direction to technically renumber.
4-2-305. Preemption.
- (1) Subject to concurrence with relevant federal laws and except as provided in Subsection (4), the department has exclusive jurisdiction over regulation regarding:
- (a) commercial feed, as described in Chapter 12, Utah Commercial Feed Act;
- (b) fertilizer, as described in Chapter 13, Utah Fertilizer Act;
- (c) pesticides, as described in Chapter 14, Utah Pesticide Control Act; and
- (d) seeds, as described in Chapter 16, Utah Seed Act.
- (2) The regulation of commercial feed, fertilizer, pesticides, and seeds within the state is of statewide concern, except as provided in Subsection (4), and this title occupies the whole field of potential regulation.
- (3) Except as provided in Subsection (4), 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.
- (4) Nothing in this section preempts or otherwise limits the authority of a political subdivision to:
- (a) adopt and enforce zoning regulations, fire codes, building codes, or waste disposal restrictions; or
- (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.
Enacted by Chapter 86, 2017 General Session
Amended by Chapter 345, 2017 General Session, (Coordination Clause)
Coordination clause direction to technically renumber.
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