SB83 Alabama 2010 Session

Summary

Primary Sponsor

Kim Benefield

Democrat

Session

Regular Session 2010

Title

Fertilizers, local ordinance, rule, or regulation pertaining to prohibited, subject matter of Agriculture and Industries Department, exception (2010-20906)

Summary

SB83 would strip local governments of the power to regulate fertilizers and place that control under the Alabama Department of Agriculture and Industries, with limited exceptions.

What This Bill Does

If passed, counties and municipalities could not adopt or keep any rules about fertilizer registration, packaging, labeling, sale, distribution, or application. All fertilizer matters would be handled by the Department of Agriculture and Industries. The bill defines fertilizer and lists exemptions, and says local zoning or business license rules that regulate fertilizer would be void if they do so; there are special environmental carve-outs for stormwater programs that may be exempt if certain conditions are met.

Who It Affects

• Local county commissions and municipal governing bodies would be prohibited from regulating fertilizers, losing authority to set local rules and standards on fertilizer-related activities.
• The Alabama Department of Agriculture and Industries would gain exclusive regulatory control over fertilizer matters, including defining fertilizer and enforcing related rules, with specific exemptions and environmental considerations.

Key Provisions

• Prohibits counties and municipalities from adopting or continuing any ordinance, rule, or resolution regulating registration, packaging, labeling, sale, distribution, or application of fertilizers; subject matter placed under the Department of Agriculture and Industries.
• Defines fertilizer as any substance with one or more recognized plant nutrients used to promote plant growth, with exemptions for unmanipulated manures, marl, lime, limestone, wood ashes, boiler ashes from pulp/paper or electric utility industries, and other products exempted by regulation.
• States that zoning ordinances or business licenses cannot regulate fertilizer, except where such regulations would prohibit fertilizer; those provisions are null and void if they regulate fertilizer.
• Provides an exemption process for political subdivisions with MS4 permits if stricter standards are required by federal/state requirements; requires verification with ADEM and public documentation; exemption ends upon restoration of water quality or if MS4 is no longer subject to a TMDL, after which the standard rules apply.
• Repeals laws or parts of laws that conflict with this act.
• Effective date: the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Fertilizers