200.22 - LOCAL LEGISLATION -- PROHIBITION.
200.22 LOCAL LEGISLATION -- PROHIBITION.
1. As used in this section:
a. "Local governmental entity" means any political
subdivision, or any state authority which is not the general assembly
or under the direction of a principal central department as
enumerated in section 7E.5, including a city as defined in section
362.2, a county as provided in chapter 331, or any special purpose
district.
b. "Local legislation" means any ordinance, motion,
resolution, amendment, regulation, or rule adopted by a local
governmental entity.
2. 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 use, sale,
distribution, storage, transportation, disposal, formulation,
labeling, registration, or manufacture of a fertilizer or soil
conditioner. A local governmental entity shall not adopt or continue
in effect local legislation relating to the use, sale, distribution,
storage, transportation, disposal, formulation, labeling,
registration, or manufacture of a fertilizer or soil conditioner,
regardless of whether a statute or rule adopted by the department
applies to preempt the local legislation. Local legislation in
violation of this section is void and unenforceable.
3. This section does not apply to local legislation of general
applicability to commercial activity. Section History: Recent Form
94 Acts, ch 1002, §1; 94 Acts, ch 1198, §41