HB198 Alabama 2011 Session

Updated Feb 27, 2026

High Interest

Summary

Primary Sponsor: Artis McCampbellRepresentative
Democrat
Co-Sponsors: Steve Hurst Richard Lindsey Randy Davis Joe Faust Chad Fincher Paul W. Lee Donnie Chesteen Dexter Grimsley
Session: Regular Session 2011
Title: Fertilizers, local ordinance, rule, or regulation pertaining to prohibited, entire subject matter of Agriculture and Industries Department, exception
Summary: HB198 would bar local governments from regulating fertilizers and transfer exclusive authority over fertilizer matters to the Alabama Department of Agriculture and Industries, with certain exceptions.
What This Bill Does
It would prohibit county commissions and municipal governing bodies from adopting or continuing any ordinance, rule, or resolution regulating fertilizers. It would vest the entire subject of fertilizers in the Department of Agriculture and Industries, removing local regulation of registration, packaging, labeling, sale, distribution, transportation, storage, and application. It would define fertilizer and list exemptions, preserve zoning or business licenses only to the extent they do not regulate fertilizer, and include MS4/TMDL related exemptions that require documentation; the exemption rules have a specific enforcement and lapse condition and the act becomes law on a set future date.

Who It Affects
County commissions and municipal governing bodies in Alabama would lose authority to regulate fertilizers and must rely on the Department of Agriculture and Industries for fertilizer policies.
Fertilizer producers, distributors, retailers, and users in Alabama would be regulated by the Department of Agriculture and Industries, with specific product exemptions and possible MS4/TMDL related exemptions that require documentation.

Key Provisions
Prohibits counties and municipalities from adopting or continuing any ordinance, rule, or resolution regulating the registration, packaging, labeling, sale, distribution, transportation, storage, or application of fertilizers.
Transfers exclusive jurisdiction over all fertilizer matters to the Department of Agriculture and Industries.
Defines fertilizer as any substance with recognized plant nutrients used to promote plant growth, and lists exemptions such as unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, boiler ashes from certain industries, and similar products exempted by regulation.
Preserves zoning ordinances and business licenses except to the extent they regulate fertilizer, which provisions are null and void if they regulate fertilizer.
Provides for a special MS4/TMDL exemption for political subdivisions with stricter water quality requirements, requiring documentation to support the exemption; exemption lapses when water quality is restored and subsections (a)-(c) apply thereafter.
Repeals all laws or parts of laws that conflict with this act.
Effective date: the act becomes law on the first day of the third month after its passage and approval by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Fertilizers