LegalFix

Section 305 - Preemption.

UT Code § 4-2-305 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(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.

(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.

(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.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.