SB123 Alabama 2011 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Clay Scofield
Republican
Co-Sponsor: Tom Whatley
Session: Regular Session 2011
Title: Fertilizers, local ordinance, rule, or regulation pertaining to prohibited, entire subject matter of Agriculture and Industries Department, exception
Summary: SB123 restricts local governments from regulating fertilizers and assigns that authority to the Alabama Department of Agriculture and Industries, with specific exceptions.
What This Bill Does
If enacted, counties and municipalities may not pass or keep rules about fertilizers such as how they are registered, packaged, labeled, sold, distributed, transported, stored, or applied. The entire subject of fertilizers would be handled by the Department of Agriculture and Industries, with defined strictures. Zoning or business licensing rules cannot regulate fertilizers, and any such provisions that attempt to do so would be null and void. There is a special exemption for certain subdivisions that have stricter requirements due to water-quality rules, but they must document their justification and the exemption ends when water quality is restored; otherwise the local restrictions would apply again.

Who It Affects
County commissions and municipal governing bodies: cannot adopt or enforce fertilizer-related ordinances or rules; must defer to the Department of Agriculture and Industries.
Department of Agriculture and Industries (state regulator) and related fertilizer industry regulation: gains exclusive authority to regulate fertilizers and enforce related provisions.

Key Provisions
Section 1(a): Local governments may not adopt or continue in effect ordinances, rules, or resolutions regulating fertilizer-related activities (registration, packaging, labeling, sale, distribution, transportation, storage, or application). The Department of Agriculture and Industries holds the entire subject matter.
Section 1(b): Defines fertilizer as substances with plant nutrients used to promote growth, with specified exemptions (unmanipulated animal/vegetable manures, marl, lime, limestone, wood ashes from certain industries, boiler ashes, and similar exemptions).
Section 1(c): Zoning and business licenses are not overridden except where they purport to regulate fertilizer; such provisions regulating fertilizer are null and void.
Section 1(d): Political subdivisions with stricter standards due to NPDES/ADEM actions can be exempt if they demonstrate necessity and document rationale; exemption ends when water quality is restored and standard provisions revert to subsections (a)-(c).
Section 2: Repeals any conflicting laws.
Section 3: Establishes the effective date as the first day of the third month after passage and Governor's 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