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:
Terms Used In Utah Code 4-2-305- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
commercial feed, as described in Chapter 12, Utah Commercial Feed Act; |
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| (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. |
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Enacted by Chapter 86, 2017 General Session
Amended by Chapter 345, 2017 General Session, (Coordination Clause)
Coordination clause direction to technically renumber.
