TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 6

COMMERCIAL FERTILIZERS

22-626.  Local legislation — Prohibition. (1) No local government entity including, but not limited to, any city, county, township, or municipal corporation or any other body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state of Idaho, shall:

(a)  Regulate the registration, packaging, labeling, sale, storage, distribution, use and application of fertilizers;

(b)  Adopt or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use or application of fertilizers.

(2)  Ordinances adopted by the local government entity in violation of this section are void and unenforceable.

(3)  The provisions of subsections (1) and (2) of this section shall not preempt county or city local zoning ordinances governing the physical location or siting of fertilizer manufacturing, storage and sales facilities or protecting the quality of ground water or surface water in accordance with applicable state and federal law.

History:

[22-626, added 2005, ch. 387, sec. 1, p. 1248.]