Iowa Code 199.13A – Local legislation — prohibition
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1. The provisions of this chapter and rules adopted by the department pursuant to this chapter shall preempt local legislation adopted by a local governmental entity relating to the production, use, advertising, sale, distribution, storage, transportation, formulation, packaging, labeling, certification, or registration of an agricultural seed. A local governmental entity shall not adopt or continue in effect such local legislation regardless of whether a statute or a rule adopted by the department specifically preempts the local legislation. Local legislation in violation of this section is void and unenforceable.
Terms Used In Iowa Code 199.13A
- Agricultural seed: means grass, forage, cereal, oil, fiber, and any other kind of crop seed commonly recognized within this state as agricultural seed, lawn seed, vegetable seed, or seed mixtures. See Iowa Code 199.1
- Department: means the department of environmental quality in a reference to a time before July 1, 1983, the department of water, air and waste management in a reference to a time on or after July 1, 1983, and through June 30, 1986, and the department of natural resources on or after July 1, 1986, and includes any officer or agency within that department. See Iowa Code 172D.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Labeling: means all labels and other written, printed, or graphic representations, in any form, accompanying and pertaining to seed, whether in bulk or in containers, and includes invoices. See Iowa Code 199.1
- Local governmental entity: includes but is not limited to a county, special district, township, or city as provided in Title IX of this Code. See Iowa Code 199.1
- Local legislation: means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a local governmental entity. See Iowa Code 199.1
- Rule: includes "regulation". See Iowa Code 4.1
- Statute: A law passed by a legislature.
2. This section does not apply to any of the following:
a. Local legislation of general applicability to commercial activity.
b. A motion or resolution that provides for any activity relating to agricultural seed which is owned by the local governmental entity and which is kept or used on land held by the local governmental entity.