2-1235

Chapter 2.--AGRICULTURE
Article 12.--FERTILIZERS

      2-1235.   Uniformity of fertilizer law; exclusivejurisdiction of state.(a) On and after the effective date of this section, theprovisions of the Kansas fertilizer law, and any rules and regulationspromulgated thereunder relating to fertilizer sale or use, including, but notlimitedto, application of fertilizers, storage of fertilizers, transportation offertilizers and disposal of fertilizers within the state of Kansas, shall beapplicableand uniform throughout this state and in all cities, counties and politicalsubdivisions therein. No local authority shall enact or enforce any law,ordinance, rule, regulation or resolution in conflict with, in addition to, orsupplemental to, the provisions of the Kansas fertilizer law unless expresslyauthorized by law to do so. Any law, ordinance, rule, regulation or resolutionin conflict with, in addition to, or supplemental to, the provisions of theKansas fertilizer law is hereby declared to be invalid and of no effect. Anyamendment to the Kansas fertilizer law or any amendment of the rules andregulations promulgated thereunder, shall supersede and preempt theconflicting, additional or supplemental provisions of any law, ordinance, rule,regulation or resolution enacted by any city, county or other politicalsubdivision of this state. As used in this section, "Kansas fertilizer law"means the statutes contained in article 12 of chapter 2 of the Kansas StatutesAnnotated,and amendments thereto.

      (b)   Nothing in this section shall be construed topreempt or otherwise limit the authority of any city, county or politicalsubdivision therein to adopt and enforce zoning regulations, fire codes orhazardous waste disposal restrictions.

      (c)   The provisions of this section are part of and supplemental to the Kansasfertilizer law.

      History:   L. 2005, ch. 105, § 1; July 1.