4-2-305. Preemption.
228 words·~1 min read·
/ut/title-4/chapter-2/4-2-305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
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 Plant Food 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.
Amended by Chapter 91 , 2025 General Session