HOUSE BILL NO. 548

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Bill Status



H0548...............................................by AGRICULTURAL AFFAIRS
FERTILIZER - SPECIALTY - Amends existing law to provide for penalties for
specialty fertilizer that deviates from the guaranteed analysis; to provide
that the Department of Agriculture shall determine and publish annually the
values per unit of nitrogen, available phosphate, soluble potash, secondary
elements and microelements used; and to provide that these values shall be
used in determining and assessing penalties.
                                                                        
01/27    House intro - 1st rdg - to printing
01/28    Rpt prt - to Agric Aff
02/05    Rpt out - rec d/p - to 2nd rdg
02/06    2nd rdg - to 3rd rdg
02/10    3rd rdg - PASSED - 64-0-6
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Harwood, Henbest, Jaquet, Jones, Kellogg,
      Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague,
      Meyer, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,
      Ridinger, Ring, Ringo, Robison, Sali, Sayler, Schaefer, Shepherd,
      Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
      Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Crow, Gagner, Garrett, Miller, Roberts, Rydalch
    Floor Sponsor - Bolz
    Title apvd - to Senate
02/11    Senate intro - 1st rdg - to Agric Aff
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason(Andreason), Bailey, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Brandt
    Floor Sponsor - Williams
    Title apvd - to House
03/11    To enrol
03/12    Rpt enrol - Sp signed
03/15    Pres signed
03/16    To Governor
03/19    Governor signed
         Session Law Chapter 108
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 548
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COMMERCIAL FERTILIZERS; AMENDING SECTION 22-611,  IDAHO  CODE,  TO
  3        PROVIDE  FOR  PENALTIES  FOR  SPECIALTY  FERTILIZER THAT DEVIATES FROM THE
  4        GUARANTEED ANALYSIS; AMENDING SECTION 22-612, IDAHO CODE, TO PROVIDE  THAT
  5        THE  DEPARTMENT  OF  AGRICULTURE  SHALL DETERMINE AND PUBLISH ANNUALLY THE
  6        VALUES PER UNIT OF NITROGEN, AVAILABLE PHOSPHATE, SOLUBLE POTASH,  SECOND-
  7        ARY  ELEMENTS  AND  MICRO-ELEMENTS USED IN IDAHO AND TO PROVIDE THAT THESE
  8        VALUES SHALL BE USED IN DETERMINING AND ASSESSING PENALTIES.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 22-611, Idaho Code, be, and the  same  is  hereby
 11    amended to read as follows:
                                                                        
 12        22-611.  PENALTIES. (1) If the analysis shows that any fertilizer deviates
 13    from the guaranteed analysis in any plant nutrient, micronutrient, or in total
 14    nutrients,  a penalty shall be assessed in favor of the department at the rate
 15    of three (3)  times  the  value  of  the  deficiency  or  twenty-five  dollars
 16    ($25.00),  whichever  is  greater,  when  the deviation exceeds the tolerances
 17    established by rules promulgated under this chapter. Provided, that  penalties
 18    for any specialty fertilizer that deviates from the guaranteed analysis in any
 19    plant  nutrient,  micronutrient,  or in total nutrients shall be determined as
 20    authorized under section 22-619, Idaho Code, and rules promulgated pursuant to
 21    this chapter.
 22        (2)  All penalties assessed under this section or any  rule  hereunder  on
 23    any  one  (1) fertilizer, represented by the sample analyzed, shall be paid to
 24    the department within three (3) months after  the  date  of  notice  from  the
 25    department  to  the registrant. The department shall deposit the amount of the
 26    penalty into the "commercial feed and fertilizer fund."
 27        (3)  Nothing contained in this section or any rule hereunder shall prevent
 28    any person from appealing to a court of competent jurisdiction for a  judgment
 29    as  to  the  justification of such penalties imposed under subsections (1) and
 30    (2) of this section.
 31        (4)  Penalties payable as provided for in subsections (1) and (2) of  this
 32    section  or any rule hereunder shall in no manner be construed as limiting the
 33    consumer's right to bring a civil action in damage against the registrant pay-
 34    ing the penalties.
 35        (5)  Penalties for  short  weights,  both  packaged  and  bulk,  shall  be
 36    assessed  at  the rate of three (3) times the invoiced value if the deficiency
 37    exceeds the tolerances established by rule.
                                                                        
 38        SECTION 2.  That Section 22-612, Idaho Code, be, and the  same  is  hereby
 39    amended to read as follows:
                                                                        
 40        22-612.  ASSESSMENT OF PENALTIES. For the purpose of initially determining
 41    the  commercial  values  to be applied under the provisions of section 22-611,
                                                                        
                                           2
                                                                        
  1    Idaho Code,  the  department  shall  determine  from  the  registrant's  sales
  2    invoices  and publish annually the values per pound, charged for total unit of
  3    nitrogen, available phosphoric acid phosphate, soluble potash, secondary  ele-
  4    ments  and other plant nutrients micro-elements used in this state. The values
  5    so determined and published shall be used in determining and assessing  penal-
  6    ties as authorized under section 22-611, Idaho Code.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                           RS 13477C1
Exempt specialty fertilizers from the penalty provision of Section
22-611, Idaho Code, and make them subject to the penalty provisions
of Section 22-619, Idaho Code.  Amend Section 22-612, Idaho Code,
to adopt the American Association of Plant Food Control Officials
uniform language.  The amendment of Section 22-612, Idaho Code,
would result in the establishment of an annual survey of the
fertilizer industry to determine a set dollar amount on each of the
various nutrients used by the industry.  This would greatly
expedite the process with more timely notification to the industry
and assessment of penalties.  The more timely notification would
allow the facilities to make any necessary corrections to their
formulation systems.


                         FISCAL  IMPACT
A savings would be realized because state inspectors would no
longer have to make a second trip to a facility to obtain an
invoice for the shipment sampled in order to finalize the penalty.

CONTACT   
Name:     Michael E. Cooper
Agency:   Department of Agriculture
Phone:    332-8620

Statement of Purpose/Fiscal Impact                 H 548