Iowa Code 206.34 – Local legislation — prohibition
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1. As used in this section:
a. “Local governmental entity” means any political subdivision, or any state authority which is not the general assembly or under the direction of a principal central department as enumerated in section 7E.5, including a city as defined in section 362.2, a county as provided in chapter 331, or any special purpose district.
b. “Local legislation” means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a local governmental entity.
Terms Used In Iowa Code 206.34
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- City: means a municipal corporation, but not including a county, township, school district, or any special-purpose district or authority. See Iowa Code 172D.1
- Department: means the department of environmental quality in a reference to a time before July 1, 1983, the department of water, air and waste management in a reference to a time on or after July 1, 1983, and through June 30, 1986, and the department of natural resources on or after July 1, 1986, and includes any officer or agency within that department. See Iowa Code 172D.1
- Department: means the department of agriculture and land stewardship. See Iowa Code 206.2
- Labeling: means all labels and other written, printed, or graphic matter:a. See Iowa Code 206.2
- Local governmental entity: means any political subdivision, or any state authority which is not the general assembly or under the direction of a principal central department as enumerated in section 7E. See Iowa Code 206.34
- Local legislation: means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a local governmental entity. See Iowa Code 206.34
- Pesticide: means any of the following:
a. See Iowa Code 206.2- Rule: includes "regulation". See Iowa Code 4.1
- 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 said district and territories. See Iowa Code 4.1
- Statute: A law passed by a legislature.
2. The provisions of this chapter and rules adopted by the department pursuant to this chapter shall preempt local legislation adopted by a local governmental entity relating to the use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, or manufacture of a pesticide. A local governmental entity shall not adopt or continue in effect local legislation relating to the use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, or manufacture of a pesticide, regardless of whether a statute or rule adopted by the department applies to preempt the local legislation. Local legislation in violation of this section is void and unenforceable.3. This section does not apply to local legislation of general applicability to commercial activity.