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H0075...............................................by AGRICULTURAL AFFAIRS COMMERCIAL FERTILIZER - Amends and adds to existing law relating to commercial fertilizers to provide definitions; to provide references to certain publications; to add subject areas for adoption of rules; to provide that certain fees are nonrefundable; to provide that a distributor does not have to register a fertilizer already registered if the label is unchanged; to clarify that a penalty applies per product; to provide that stop sale orders may be issued and enforced against distributors; to increase civil penalties to a maximum of $10,000; and to provide for statements of uniform interpretation and policy. 01/19 House intro - 1st rdg - to printing 01/22 Rpt prt - to Agric Aff 02/15 Rpt out - rec d/p - to 2nd rdg 02/16 2nd rdg - to 3rd rdg 02/19 3rd rdg - PASSED - 59-7-4 AYES -- Barraclough, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Marley, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Trail, Wheeler, Young NAYS -- Barrett, Gould, Mader, McKague, Tilman, Wood, Mr. Speaker Absent and excused -- Bruneel, Callister, Loertscher, Ridinger Floor Sponsor -- Trail Title apvd - to Senate 02/20 Senate intro - 1st rdg - to Agric Aff 03/13 Rpt out - rec d/p - to 2nd rdg 03/14 2nd rdg - to 3rd rdg 03/20 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Branch, Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams, NAYS -- None Absent and excused -- None Floor Sponsor -- Branch Title apvd - to House 03/21 To enrol 03/22 Rpt enrol - Sp signed - Pres signed - to Gov 03/23 Governor signed Session Law Chapter 147 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 75 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE DEPARTMENT OF AGRICULTURE; AMENDING SECTION 22-602, IDAHO 3 CODE, TO REFER TO THE IDAHO STATE DEPARTMENT OF AGRICULTURE AND TO MAKE 4 TECHNICAL CORRECTIONS; AMENDING SECTION 22-603, IDAHO CODE, TO PROVIDE 5 DEFINITIONS AND REFERENCES TO OTHER PUBLICATIONS AND TO MAKE TECHNICAL 6 CORRECTIONS; AMENDING SECTION 22-604, IDAHO CODE, TO ADD SUBJECT AREAS FOR 7 THE ADOPTION OF RULES; AMENDING SECTION 22-605, IDAHO CODE, TO PROVIDE 8 THAT CERTAIN FEES ARE NONREFUNDABLE, TO PROVIDE THAT A DISTRIBUTOR DOES 9 NOT HAVE TO REGISTER A FERTILIZER ALREADY REGISTERED IF THE LABEL IS 10 UNCHANGED, AND TO CLARIFY THAT A PENALTY APPLIES PER PRODUCT; AMENDING 11 SECTION 22-610, IDAHO CODE, TO CORRECT A CODE REFERENCE; AMENDING SECTION 12 22-613, IDAHO CODE, TO PROVIDE A CODE REFERENCE; AMENDING SECTION 22-616, 13 IDAHO CODE, TO PROVIDE THAT STOP SALE ORDERS MAY BE ISSUED AND ENFORCED 14 AGAINST DISTRIBUTORS; AMENDING SECTION 22-619, IDAHO CODE, TO INCREASE 15 CIVIL PENALTIES TO A MAXIMUM OF TEN THOUSAND DOLLARS; AND AMENDING CHAPTER 16 6, TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 22-625, IDAHO 17 CODE, TO PROVIDE FOR STATEMENTS OF UNIFORM INTERPRETATION AND POLICY. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That Section 22-602, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 22-602. ADMINISTRATION. The Idaho state department of agriculture, here- 22 inafter referred to as the "department," shall administer this chapter. 23 SECTION 2. That Section 22-603, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 22-603. DEFINITIONS. When used in this chapter: 26 (1) "Biosolid(s)" means a primary organic solid material produced by 27 wastewater treatment processes that can be beneficially recycled for its plant 28 nutrient content and soil amending characteristics, as regulated under the 29 code of federal regulations, 40 CFR 503, as amended. 30 (2) "Brand" means a term, design, or trademark used in connection with 31 one (1) or several grades of fertilizer. 32 (23) "Calcium carbonate equivalent" means the acid-neutralizing capacity 33 of an agricultural liming material expressed as a weight percentage of calcium 34 carbonate. 35 (4) "Compost" means a biologically stable material derived from the 36 composting process. 37 (35) "Composting" means thecontrolled aerobic degradation of organic38waste materials. Natural decay of organic waste under uncontrolled conditions39is not compostingbiological decomposition of organic matter. It is accom- 40 plished by mixing and piling in such a way to promote aerobic and/or anaerobic 41 decay. The process inhibits pathogens, viable weed seeds and odors. 2 1 (6) "Coproduct" means a chemical substance produced for a commercial pur- 2 pose during the manufacture, processing, use or disposal of another chemical 3 substance or mixture. 4 (47) "Deficiency" means the amount of nutrient found by analysis to be 5 less than that guaranteed, which may result from a lack of nutrient ingredi- 6 ents or from lack of uniformity. 7 (58) "Department" means the Idaho state department of agriculture or its 8 authorized representative. 9 (69) "Distribute" means to import, consign, manufacture, produce, com- 10 pound, mix, or blend fertilizer, or to offer for sale, sell, barter or other- 11 wise supply fertilizer in this state. 12 (710) "Distributor" means any person who distributes. 13 (811) "Fertilizer" means any substance containing one (1) or more recog- 14 nized plant nutrient which is used for its plant nutrient content and which is 15 designed for use or claimed to have value in promoting plant growth, and 16 includes limes and gypsum. It does not include unmanipulated animal manure and 17 vegetable organic waste-derived material, or biosolids regulated under the 18 code of federal regulations, 40 CFR 503, as amended. 19 (a) "Bulk fertilizer" means a fertilizer distributed in a nonpackaged 20 form. 21 (b) "Customer formula fertilizer" means a mixture of fertilizer or mate- 22 rials of which each batch is mixed according to the specific instructions 23 of the final purchaser. 24 (c) "Fertilizer material" means a fertilizer which either: 25 (i) Contains important quantities of no more than one (1) of the 26 primary plant nutrients: nitrogen (N), phosphate ( ) and potash 27 ( ), or 28 (ii) Has eighty-five percent (85%) or more of its plant nutrient 29 content present in the form of a single chemical compound, or 30 (iii) Is derived from a plant or animal residue or byproduct or natu- 31 ral material deposit which has been processed in such a way that its 32 content of plant nutrients has not been materially changed except by 33 purification and concentration. 34 (d) "Micronutrient fertilizer" means a fertilizer that contains valuable 35 concentrations of micronutrients, but does not contain valuable concentra- 36 tions of total nitrogen (N), available phosphate ( ), soluble potash 37 ( ), calcium (Ca), magnesium (Mg), or sulfur (S). 38 (e) "Mixed fertilizer" means a fertilizer containing any combination or 39 mixture of fertilizer materials. 40 (f) "Packaged fertilizer" means fertilizers, either agricultural or spe- 41 cialty, distributed in nonbulk form. 42 (g) "Specialty fertilizer" means a fertilizer distributed for nonfarm 43 use. 44 (h) "Waste-derived fertilizer" includes any commercial fertilizer derived 45 from an industrial byproduct, coproduct or other material that would 46 otherwise be disposed of if a market for reuse were not an option, but 47 does not include fertilizers derived from biosolids or biosolid products 48 regulated under the code of federal regulations, 40 CFR 503, as amended. 49 (912) "Grade" means the percentage of total nitrogen, available phos- 50 phate, and soluble potash stated in whole numbers in the same terms, order, 51 and percentages as in the guaranteed analysis. Provided however, that spe- 52 cialty fertilizers may be guaranteed in fractional units of less than one per- 53 cent (1%) of total nitrogen, available phosphate, and soluble potash: provided 54 further, that fertilizer materials, bone meal, and similar materials may be 55 guaranteed in fractional units. 3 1 (103) "Guaranteed analysis" means the minimum percentage of plant nutri- 2 ents claimed, for a total nitrogen, available phosphate, or soluble potash 3 fertilizer, in the following order and form: 4 (a) Total nitrogen ......... % 5 Available phosphate ......... % 6 Soluble potash ......... % 7 (b) Any fertilizer intended for agricultural use with a total nitrogen, 8 available phosphate, or soluble potash guarantee shall contain five per- 9 cent (5%) or more of available nitrogen, phosphate, or potash, singly, 10 collectively, or in combination. 11 (c) For unacidulated mineral phosphatic materials and basic slag, the 12 guaranteed analysis shall contain both total and available phosphate and 13 the degree of fineness. For bone, tankage, and other organic phosphatic 14 materials, the guaranteed analysis shall contain total and available phos- 15 phate. 16 (d) The guaranteed analysis for limes shall include the percentage of 17 calcium or magnesium expressed as their carbonate; the calcium carbonate 18 equivalent as determined by methods prescribed by the association of offi- 19 cial analytical chemists, international (AOAC); and the minimum percentage 20 of material that will pass respectively a one hundred (100) mesh, sixty 21 (60) mesh, and ten (10) mesh sieve. 22 (e) The guarantees for nutrients other than total nitrogen, available 23 phosphate and soluble potash shall be expressed in the form of the ele- 24 ment. The source (oxides, salts, chelates, etc.) of such other nutrients 25 may be required to be stated on the application for registration and shall 26 be included on the label. Other beneficial substances or compounds, 27 determinable by laboratory methods, also may be guaranteed by permission 28 of the department. Other guarantees shall not be included with the guaran- 29 tee for nutrients, but shall be listed separately as "nonnutrient sub- 30 stances." When any plant nutrients or other substances or compounds are 31 guaranteed they shall be subject to inspection and analysis in accordance 32 with the methods and rules prescribed by the department. 33 (f) In a fertilizer with the principal constituent of calcium sulfate 34 (gypsum), the percentage of calcium sulfate ( ) shall be given 35 along with the percentage of total sulfur (S). 36 (114) "Investigational allowance" means an allowance for variations inher- 37 ent in the taking, preparation and analysis of an official sample of fertil- 38 izer. 39 (125) "Label" means the display of all written, printed, or graphic mat- 40 ter, upon the immediate container, or a statement accompanying a fertilizer. 41 (136) "Labeling" means all written, printed, or graphic matter, upon or 42 accompanying any fertilizer, or advertisements, brochures, posters, and tele- 43 vision and radio announcements used in promoting the sale of such fertilizer. 44 (147) "Lime" means a substance or a mixture of substances, the principal 45 constituent of which is calcium carbonate ( ), calcium hydroxide 46 (Ca( ) ), calcium oxide (Ca0O), magnesium carbonate ( ), magnesium 47 hydroxide (Mg( ) ) or magnesium oxide (Mg0O), singly or combined. 48 (158) "Manipulation" means actively processed or treated in any manner. 49 (169) "Manufacture" means to compound, produce, granulate, mix, blend, 50 repackage, or otherwise alter the composition of fertilizer materials. 51 (1720) "Micronutrient" means boron (B), chlorine (Cl), cobalt (Co), copper 52 (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), sodium (Na), and zinc (Zn). 53 (1821) "Official sample" means any sampleorof fertilizer taken by the 54 director or his authorized agent and designated as "official" by the depart- 55 ment. 4 1 (22) "Organic waste-derived material" means grass clippings, leaves, 2 weeds, bark, plantings, prunings and other vegetative wastes, wood wastes from 3 logging and milling operations, and food wastes. "Organic waste-derived mate- 4 rial" does not include products that contain biosolids as defined in this sec- 5 tion. 6 (1923) "Packaged fertilizer" means fertilizers, either agricultural or 7 specialty, distributed in nonbulk form. 8 (204) "Percent" or "percentage" means the percentage by weight. 9 (215) "Person" means an individual, partnership, association, firm or cor- 10 poration. 11 (226) "Primary nutrient" means total nitrogen, available phosphate, and 12 soluble potash. 13 (237) "Production" means to compound or fabricate a fertilizer through a 14 physical or chemical process. Production does not include mixing, blending, or 15 repackaging fertilizer products. 16 (248) "Registrant" means the person who registers fertilizer under the 17 provisions of this act. 18 (259) "Ton" means a net weight of two thousand (2,000) pounds avoirdupois. 19 When not specifically stated in this section or otherwise designated by 20 the department in rule, the department will be guided by the definitions of 21 general terms, fertilizer materials and soil and plant amendment materials as 22 set forth in the Official Publication of the Association of American Plant 23 Food Control Officials (AAPFCO) or the Merck Index, published by Merck Co., 24 Inc. 25 SECTION 3. That Section 22-604, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 22-604. ADOPTION OF RULES. The department shall administer, enforce, and 28 carry out the provisions of this chapter and may adopt rules necessary to 29 carry out its purposes including, but not limited to, the proper use, handl- 30 ing, transportation, storage, display, distribution, sampling, records, analy- 31 sis, form, minimum percentages, fertilizer ingredients, exempted materials, 32 investigational allowances, definitions, labels, labeling, misbranding, 33 mislabeling and disposal of fertilizers and their containers. The adoption of 34 rules is subject to public hearing as prescribed by the Idaho administrative 35 procedure act, chapter 52, title 67, Idaho Code. 36 SECTION 4. That Section 22-605, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 22-605. REGISTRATION OF PRODUCTS. (1) Each brand and separately identifi- 39 able fertilizer product under each brand shall be registered before being dis- 40 tributed in this state. Companies planning to mix customer-formula fertilizers 41 shall include the statement "customer-formula grade mixes" under the column 42 headed "grades" on the brand registration application form. The application 43 for registration shall be submitted to the department on forms furnished by 44 the department, and shall be accompanied by a nonrefundable fee of twenty-five 45 dollars ($25.00) per brand and a nonrefundable fee of twenty-five dollars 46 ($25.00) per separately identifiable fertilizer product, under each brand, if 47 sold in packages of twenty-five (25) pounds or less. Upon approval by the 48 department, a certificate of registration shall be furnished to the applicant. 49 All registrations expire on December 31 of each year. The application shall 50 include the following information: 51 (a) The brand name; 5 1 (b) Declaration of guaranteed analysis of formulations to be sold; 2 (c) The name and address of the registrant; 3 (d) The sources from which the guaranteed plant nutrients are derived; 4 and 5 (e) A label or labels meeting the requirements of section 22-607, Idaho 6 Code. 7 (2) A distributor is not required to register any brand of fertilizer 8 that is already registered under this chapter, as long as the label remains 9 unchanged. 10 (3) A distributor is not required to register a customer-formula fertil- 11 izer; provided, that each shall be distributed under a registered brand. 12 (4) If an application for renewal of the brand registration provided for 13 in this section is not filed before January 1 of any one (1) year, a penalty 14 of ten dollars ($10.00) per product shall be assessed after February 1 of that 15 year and added to the original fee and shall be paid by the applicant before 16 the renewal brand registration is issued; provided, that the penalty shall not 17 apply if the applicant furnished an affidavit that he has not distributed this 18 brand subsequent to the expiration of his prior registration. 19 (5) The department shall examine the fertilizer product registration 20 application form and labels for conformance with the requirements of this 21 chapter. If the application, information and appropriate labels are in proper 22 form and contain all the required information, the fertilizer products shall 23 be registered by the department and a certificate of registration shall be 24 issued to the applicant. The department may refuse to register or, cancel the 25 registration, of any fertilizer product which would be in violation of any 26 provision of this chapter. 27 (6) In reviewing the fertilizer product registration application, the 28 department may consider experimental data, manufacturers' evaluations, data 29 from agricultural experiment stations' product review evaluations, and other 30 authoritative sources to substantiate labeling claims. The data shall be from 31 statistically designed and analyzed trials representative of the soil, crops, 32 and climatic conditions found in the northwestern area of the United States. 33 (7) In determining whether approval of a label statement or guarantee of 34 an ingredient is appropriate, the department may require the submission of a 35 written statement describing the methodology of laboratory analysis utilized, 36 the source of the ingredient material, and any reference material relied upon 37 to support the label statement or guarantee of ingredient. 38 (8) Any waste-derived fertilizer distributed as a single ingredient prod- 39 uct or blended with other fertilizer ingredients must be identified as 40 "waste-derived fertilizer" by the registrant in the application for registra- 41 tion. 42 (9) The registrant of a waste-derived fertilizer shall state in the 43 application for registration the levels of nonnutritive metals including, but 44 not limited to, arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb) and sele- 45 nium (Se). The registrant shall provide a laboratory report or other documen- 46 tation verifying the levels of the nonnutritive metals in the waste-derived 47 fertilizer. 48 SECTION 5. That Section 22-610, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 22-610. INSPECTION -- SAMPLING. (1) The department shall inspect, sample, 51 analyze, and test fertilizers distributed within this state, at a time and 52 place and to the extent the department deems necessary, to determine whether 53 the fertilizers comply with this chapter. The department may stop any commer- 6 1 cial vehicle transporting fertilizers on the public highways and direct it to 2 the nearest scales approved by the department to check weights of fertilizers 3 being delivered. The department may also, upon presentation of proper identi- 4 fication, enter any distributor's premises, including any vehicle of trans- 5 port, at all reasonable times in order to have access to fertilizers and to 6 records relating to their distribution. 7 (2) The methods of sampling and analysis shall be those adopted by the 8 department from officially recognized sources including, but not limited to, 9 the association of American plant food control officials (AAPFCO) and the 10 association of official analytical chemists, international (AOAC). 11 (3) The department, in determining for administrative purposes whether a 12 fertilizer is deficient in any component or total nutrients, shall be guided 13 solely by the official sample as defined in section 22-603(218), Idaho Code, 14 and obtained and analyzed as provided for in this section. 15 (4) When the inspection and analysis of an official sample has been made, 16 the department shall forward the results of the analysis to the distributor 17 and manufacturer, and to the purchaser upon request. Upon written request and 18 within thirty (30) days of the results of analysis, the department shall fur- 19 nish to the distributor and/or manufacturer a portion of the sample concerned. 20 (5) If analyses of samples made by the department indicate deficiencies 21 in the fertilizer examined, below guaranteed analysis, and in excess of the 22 tolerances specified by rules promulgated under this chapter, the department 23 shall immediately notify the manufacturer and/or distributor of the fertilizer 24 of the results of the analyses. The manufacturer or seller of the fertilizer 25 may, upon written request, obtain from the department a portion of the 26 sample(s) in question. If he fails to agree with the analyses of the depart- 27 ment, he may request an umpire who shall be one (1) of a list of not less than 28 three (3) public analysts of recognized ability in fertilizer analyses, who 29 shall be named by the department. The umpire analyses shall be made at the 30 expense of the manufacturer or seller requesting the same. If the umpire 31 agrees more closely with the department, the figures of the department shall 32 be considered correct. If the umpire agrees more closely with the figures of 33 the manufacturer or distributor, then the figures of the manufacturer or dis- 34 tributor shall be considered correct. 35 (6) Analysis of an official sample by the department shall be accepted as 36 prima facie evidence by any court of competent jurisdiction. 37 SECTION 6. That Section 22-613, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 22-613. MISBRANDING. No person shall distribute a misbranded fertilizer. 40 A fertilizer is misbranded if: 41 (1) The labeling is false or misleading; 42 (2) It is distributed under the name of another fertilizer product; 43 (3) It is not labeled as required in section 22-607, Idaho Code, and in 44 accordance with rules prescribed under this chapter; or 45 (4) It purports to be or is represented as a fertilizer, or is repre- 46 sented as containing a plant nutrient or fertilizer unless such plant nutrient 47 or fertilizer conforms to the definition of identity, if any, prescribed by 48 rule of the department. In adopting such rules the department shall give due 49 regard to commonly accepted definitions and official fertilizer termssuch50as those issued by the association of American plant food control officials51(AAPFCO)as stated or provided for in section 22-603, Idaho Code. 52 SECTION 7. That Section 22-616, Idaho Code, be, and the same is hereby 7 1 amended to read as follows: 2 22-616. "STOP SALE" ORDERS. The department may issue and enforce a writ- 3 ten or printed "stop sale, use, or removal" order to the distributor, owner or 4 custodian of any fertilizer and hold the fertilizer, or order it held, at a 5 designated place when the department finds the fertilizer is being offered for 6 sale in violation of this chapter, until the law has been complied with and 7 the fertilizer is released in writing by the department, or the violation has 8 been otherwise legally disposed of by written authority. The owner or custo- 9 dian of any fertilizer that has been issued a "stop sale, use, or removal" 10 order shall remedy the violations within ninety (90) days, unless the depart- 11 ment grants a written extension. The department shall release the fertilizer 12 so withdrawn when the requirements of this chapter have been complied with and 13 all costs and expenses incurred in connection with the withdrawal have been 14 paid. 15 SECTION 8. That Section 22-619, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 22-619. REMEDIES FOR VIOLATIONS. (1) Any person convicted of violating 18 any of this chapter or the rules promulgated thereunder or who impedes, 19 obstructs, hinders, or otherwise prevents or attempts to prevent the director 20 or a duly authorized agent from the performance of their duty in connection 21 with this chapter, is guilty of a misdemeanor and shall be fined not more than 22 five hundred dollars ($500) for the first violation, and not more than one 23 thousand five hundred dollars ($1,500) for a subsequent violation. In all 24 prosecutions under this chapter involving the composition of a lot of commer- 25 cial fertilizer, a certified copy of the official analysis signed by the 26 director or his duly authorized agent shall be accepted as prima facie evi- 27 dence of the composition. 28 (2) Any person who violates or fails to comply with this chapter or any 29 rules promulgated thereunder may be assessed a civil penalty by the department 30 or its duly authorized agent of not more thanfive hundredten thousand dol- 31 lars ($510,000) for each offense and shall be liable for reasonable attorney's 32 fees. Assessment of a civil penalty may be made in conjunction with any other 33 department administrative action. No civil penalty may be assessed unless the 34 person charged was given notice and opportunity for a hearing pursuant to the 35 Idaho administrative procedure act, chapter 52, title 67, Idaho Code. If the 36 director is unable to collect the penalty or if any person fails to pay all or 37 a set portion of the civil penalty as determined by the department, it may 38 recover such amount by action in the appropriate district court. Any person 39 against whom the director has assessed a civil penalty under the provisions of 40 this section may, within thirty (30) days of the final action by the agency 41 making the assessment, appeal the assessment to the district court of the 42 county in which the violation is alleged by the department to have occurred. 43 (3) Nothing in this chapter requires the director or a duly authorized 44 representative to report minor violations of the chapter for prosecution, or 45 for the institution of seizure proceedings, when the director believes that 46 the public interest will be best served by a suitable notice of warning in 47 writing. 48 (4) Each prosecuting attorney to whom any violation is reported shall 49 cause appropriate proceedings to be instituted and prosecuted in a court of 50 competent jurisdiction without delay. Before the director reports a violation 51 for such prosecution, an opportunity shall be given the distributor to present 52 his view to the director. 8 1 (5) The director may apply for and the court is authorized to grant a 2 temporary or permanent injunction restraining any person from violating or 3 continuing to violate this chapter or any rule promulgated under the chapter 4 notwithstanding the existence of other remedies at law. Said injunction shall 5 be issued without bond. 6 SECTION 9. That Chapter 6, Title 22, Idaho Code, be, and the same is 7 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 8 ignated as Section 22-625, Idaho Code, and to read as follows: 9 22-625. STATEMENTS OF UNIFORM INTERPRETATION AND POLICY. When not other- 10 wise stated in this chapter or rule adopted under this chapter, the statements 11 of uniform interpretation and policy as adopted in the annual Official Publi- 12 cation of the Association of American Plant Food Control Officials (AAPFCO) 13 shall guide the department when making decisions in the areas covered by 14 AAPFCO statements of uniform interpretation and policy.
STATEMENT OF PURPOSE RS 10502C1 Amend Title 22, Chapter 6, Idaho, the "Idaho Fertilizer Act of 2000" to address some 'house-keeping provisions that have come to light since the last legislative session and Amend section 22- 619(2), Idaho Code to increase the civil penalty from $500 to $10,000. The amendments will add a definition for "Organic Waste-Derived Material" (currently referenced in the law, but not defined); mandate that registration fees are non-refundable; change penalties for late registrations to $10 per product, instead of a flat $10; and require that the label for liquid formulations state volume and weight per unit volume. The Fertilizer and Soil and Plant Amendment Advisory Committee has recommended that the civil penalty in Title 22, Chapters 6 and 22, the "Idaho Fertilizer Act of 2000" and the "Soil and Plant Amendment Act of Idaho" be the same amount. FISCAL IMPACT It is projected that $1,000 to $2,000 may be collected due to late product registrations. The fiscal impact of the civil penalties is expected to be less than $15,000 per year at this time. It is difficult to assess how many violations might occur in any given year. CONTACT Name: Dr. Roger R. Vega, Administrator Mr. Michael E. Cooper, Bureau Chief Agency: Idaho State Department of Agriculture Phone: (208) 332-8620 STATEMENT OF PURPOSE/FISCAL IMPACT H75