Utah § 4-2-305 - Preemption.

Full text of Utah Utah Code § 4-2-305 — Preemption., with citation guidance and answers to common questions.

§ 4-2-305. Preemption.

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

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Frequently Asked Questions About Utah § 4-2-305

What does Utah Code § 4-2-305 cover?

Section 4-2-305 ("Preemption.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 4-2-305?

A common citation format is "Utah Code § 4-2-305" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 4-2-305 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.