Text: HF02443 Text: HF02445 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 200.22, subsections 2 and 3, Code 2001, 1 2 are amended to read as follows: 1 3 2.TheExcept as provided in subsection 3, the provisions 1 4 of this chapter and rules adopted by the department pursuant 1 5 to this chapter shall preempt local legislation adopted by a 1 6 local governmental entity relating to the use, sale, 1 7 distribution, storage, transportation, disposal, formulation, 1 8 labeling, registration, or manufacture of a fertilizer or soil 1 9 conditioner.AUnder the preemption provided in this 1 10 subsection, a local governmental entity shall not adopt or 1 11 continue in effect local legislation relating to the use, 1 12 sale, distribution, storage, transportation, disposal, 1 13 formulation, labeling, registration, or manufacture of a 1 14 fertilizer or soil conditioner, regardless of whether a 1 15 statute or rule adopted by the department applies to preempt 1 16 the local legislation. Local legislation in violation of this 1 17 section is void and unenforceable. 1 18 3. This section does not apply tolocalany of the 1 19 following: 1 20 a. Local legislation of general applicability to 1 21 commercial activity. 1 22 b. A city ordinance adopted under chapter 380 or a 1 23 regulation adopted pursuant to such ordinance that regulates 1 24 the application of fertilizer upon land which is not used to 1 25 produce an agricultural commodity as defined in section 1 26 15E.202. 1 27 EXPLANATION 1 28 In 1994, the general assembly enacted Senate File 94 (1994 1 29 Iowa Acts, chapter 1002), which in part amended Code chapter 1 30 200 regulating fertilizers and soil conditioners, under the 1 31 jurisdiction of the department of agriculture and land 1 32 stewardship, by providing that the provisions of the chapter 1 33 and rules adopted by the department preempt legislative or 1 34 administrative measures adopted by a local governmental entity 1 35 such as a county or city, if the legislation or regulation 2 1 relates to the use, sale, distribution, storage, 2 2 transportation, disposal, formulation, labeling, registration, 2 3 or manufacture of fertilizers or soil conditioners. Senate 2 4 File 94 provided an exception for legislation of general 2 5 applicability to a commercial activity. 2 6 This bill creates another exception for a city ordinance 2 7 which regulates the application of fertilizer upon land which 2 8 is not used to produce an agricultural commodity. Code 2 9 section 15E.202 defines an "agricultural commodity" to mean 2 10 any unprocessed agricultural product, including livestock, 2 11 agricultural crops, and forestry products grown, raised, 2 12 produced, or fed in this state for sale in commercial 2 13 channels. 2 14 LSB 6234HH 79 2 15 da/pj/5
Text: HF02443 Text: HF02445 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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