2-1235. Uniformity of fertilizer law; exclusive jurisdiction of state.
2-1235
2-1235. Uniformity of fertilizer law; exclusive
jurisdiction of state.
(a) On and after the effective date of this section, the
provisions of the Kansas fertilizer law, and any rules and regulations
promulgated thereunder relating to fertilizer sale or use, including, but not
limited
to, application of fertilizers, storage of fertilizers, transportation of
fertilizers and disposal of fertilizers within the state of Kansas, shall be
applicable
and uniform throughout this state and in all cities, counties and political
subdivisions therein. No local authority shall enact or enforce any law,
ordinance, rule, regulation or resolution in conflict with, in addition to, or
supplemental to, the provisions of the Kansas fertilizer law unless expressly
authorized by law to do so. Any law, ordinance, rule, regulation or resolution
in conflict with, in addition to, or supplemental to, the provisions of the
Kansas fertilizer law is hereby declared to be invalid and of no effect. Any
amendment to the Kansas fertilizer law or any amendment of the rules and
regulations promulgated thereunder, shall supersede and preempt the
conflicting, additional or supplemental provisions of any law, ordinance, rule,
regulation or resolution enacted by any city, county or other political
subdivision of this state. As used in this section, "Kansas fertilizer law"
means the statutes contained in article 12 of chapter 2 of the Kansas Statutes
Annotated,
and amendments thereto.
(b) Nothing in this section shall be construed to
preempt or otherwise limit the authority of any city, county or political
subdivision therein to adopt and enforce zoning regulations, fire codes or
hazardous waste disposal restrictions.
(c) The provisions of this section are part of and supplemental to the Kansas
fertilizer law.
History: L. 2005, ch. 105, § 1; July 1.