(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.
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Terms Used In Idaho Code 22-626

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fertilizer: means any substance containing one (1) or more recognized plant nutrient which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, and includes limes and gypsum. See Idaho Code 22-603
  • Labeling: means all written, printed, or graphic matter, upon or accompanying any fertilizer, or advertisements, brochures, posters, and television and radio announcements used in promoting the sale of such fertilizer. See Idaho Code 22-603
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(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.