2000 Legislation
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HOUSE BILL NO. 432 – Commercial fertilizers, regulation


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H0432...............................................by AGRICULTURAL AFFAIRS
COMMERCIAL FERTILIZERS - Repeals and adds to existing law relating to
commercial fertilizers to provide for administration by the Department of
Agriculture; to provide definitions and adoption of rules; to provide for
registration of products; to provide that labels with certain information
are required; to provide inspection fees and tonnage reports; to provide
for inspection and sampling; to provide penalties; to prohibit misbranding;
to prohibit adulteration; to provide for publication of information; to
provide for issuance and enforcement of stop sale orders; to provide for
complaints; to provide for seizure of fertilizer; to provide for hearings;
to provide violations and remedies for violations; to provide for use of
funds received; to provide for cooperation with other governmental
agencies; to provide that enactment does not affect existing liability; and
to provide that the chapter does not apply to wholesale transactions.
01/25    House intro - 1st rdg - to printing
01/26    Rpt prt - to Agric Aff
02/25    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
02/29    3rd rdg - PASSED - 61-5-4
      AYES -- Barraclough, Bell, Bieter, Black, Boe, Bruneel, Callister,
      Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney,
      Field(13), Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23),
      Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
      Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
      Meyer, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds,
      Ridinger, Ringo, Robison, Schaefer(Tiegs), Sellman, Shepherd, Smith,
      Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler,
      NAYS -- Alltus, Barrett, Sali, Smylie, Wood
      Absent and excused -- Ellsworth, Gould, Montgomery, Mr Speaker
    Floor Sponsor - Chase
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Agric Aff
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/29    3rd rdg - PASSED - 26-1-8
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Darrington, Deide, Dunklin, Frasure, Ingram, Ipsen,
      King-Barrutia, Lee, McLaughlin, Richardson, Riggs, Risch, Sandy,
      Schroeder, Sorensen, Stegner, Wheeler, Whitworth, Williams
      Absent and excused--Danielson, Davis, Geddes, Keough, Noh, Parry,
      Stennett, Thorne
    Floor Sponsor - Williams
    Title apvd - to House
03/30    To enrol
03/31    Rpt enrol - Sp signed
04/03    Pres signed - to Governor
04/14    Governor signed
         Session Law Chapter 295
         Effective: 07/01/00

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 432
                             BY AGRICULTURAL AFFAIRS COMMITTEE
  1                                        AN ACT
 18    Be It Enacted by the Legislature of the State of Idaho:
 19        SECTION  1.  That  Chapter  6,  Title  22, Idaho Code, be, and the same is
 20    hereby repealed.
 21        SECTION 2.  That Title 22, Idaho Code, be, and the same is hereby  amended
 22    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 23    ter 6, Title 22, Idaho Code, and to read as follows:
 24                                      CHAPTER 6
 25                                COMMERCIAL FERTILIZERS
 26        22-601.  TITLE. This chapter shall be known as the "Idaho  Fertilizer  Act
 27    of 2000."
 28        22-602.  ADMINISTRATION.  The Idaho department of agriculture, hereinafter
 29    referred to as the "department," shall administer this chapter.
 30        22-603.  DEFINITIONS. When used in this chapter:
 31        (1)  "Brand" means a term, design, or trademark  used in  connection  with
 32    one (1) or several grades  of fertilizer.
 33        (2)  "Calcium  carbonate  equivalent" means the acid-neutralizing capacity
 34    of an agricultural liming material expressed as a weight percentage of calcium
 35    carbonate.
 36        (3)  "Composting" means the  controlled  aerobic  degradation  of  organic
 37    waste  materials. Natural decay of organic waste under uncontrolled conditions
 38    is not composting.
  1        (4)  "Deficiency" means the amount of nutrient found  by  analysis  to  be
  2    less  than  that guaranteed, which may result from a lack of nutrient ingredi-
  3    ents or from lack of uniformity.
  4        (5)  "Department" means the Idaho state department of agriculture  or  its
  5    authorized representative.
  6        (6)  "Distribute"  means  to  import,  consign, manufacture, produce, com-
  7    pound, mix, or blend  fertilizer, or to  offer  for  sale,  sell,  barter   or
  8    otherwise supply  fertilizer in this state.
  9        (7)  "Distributor" means any person  who distributes.
 10        (8)  "Fertilizer"  means  any  substance containing one (1) or more recog-
 11    nized plant nutrient which is used for its plant nutrient content and which is
 12    designed for use or claimed to have  value  in  promoting  plant  growth,  and
 13    includes limes and gypsum. It does not include unmanipulated animal manure and
 14    vegetable  organic  waste-derived  material,  or biosolids regulated under the
 15    code of federal regulations, 40 CFR 503, as amended.
 16        (a)  "Bulk fertilizer" means a fertilizer  distributed  in  a  nonpackaged
 17        form.
 18        (b)  "Customer  formula fertilizer" means a mixture of fertilizer or mate-
 19        rials of which each batch is mixed according to the specific  instructions
 20        of the final purchaser.
 21        (c)  "Fertilizer material" means a fertilizer which either:
 22             (i)   Contains  important  quantities  of no more than one (1) of the
 23             primary plant nutrients: nitrogen (N), phosphate  (    )  and  potash
 24             (    ), or
 25             (ii)  Has  eighty-five  percent  (85%)  or more of its plant nutrient
 26             content present in the form of a single chemical compound, or
 27             (iii) Is derived from a plant or animal residue or byproduct or natu-
 28             ral material deposit which has been processed in such a way that  its
 29             content  of plant nutrients has not been materially changed except by
 30             purification and concentration.
 31        (d)  "Micronutrient fertilizer" means a fertilizer that contains  valuable
 32        concentrations of micronutrients, but does not contain valuable concentra-
 33        tions  of  total  nitrogen (N), available phosphate (    ), soluble potash
 34        (   ), calcium (Ca), magnesium (Mg), or sulfur (S).
 35        (e)  "Mixed fertilizer" means a fertilizer containing any  combination  or
 36        mixture of fertilizer materials.
 37        (f)  "Packaged  fertilizer" means fertilizers, either agricultural or spe-
 38        cialty, distributed in nonbulk form.
 39        (g)  "Specialty fertilizer" means a  fertilizer  distributed  for  nonfarm
 40        use.
 41        (h)  "Waste derived fertilizer" includes any commercial fertilizer derived
 42        from  an  industrial  byproduct,  coproduct  or  other material that would
 43        otherwise be disposed of if a market for reuse were  not  an  option,  but
 44        does  not  include fertilizers derived from biosolids or biosolid products
 45        regulated under the code of federal regulations, 40 CFR 503, as amended.
 46        (9)  "Grade" means the percentage of total nitrogen, available  phosphate,
 47    and  soluble potash stated in whole numbers in the same terms, order, and per-
 48    centages  as in the guaranteed analysis. Provided however, that specialty fer-
 49    tilizers may be guaranteed in fractional units of less than one  percent  (1%)
 50    of  total nitrogen, available phosphate, and soluble potash: provided further,
 51    that bone meal and similar materials may be guaranteed in fractional units.
 52        (10) "Guaranteed analysis" means the minimum  percentage  of plant  nutri-
 53    ents  claimed,  for  a  total nitrogen, available phosphate, or soluble potash
 54    fertilizer, in the following order and form:
 55        (a)  Total nitrogen                                            ......... %
  1        Available phosphate                                            ......... %
  2        Soluble potash                                                 ......... %
  3        (b)  Any fertilizer intended for agricultural use with a  total  nitrogen,
  4        available  phosphate,  or soluble potash guarantee shall contain five per-
  5        cent (5%) or more of available nitrogen,  phosphate,  or  potash,  singly,
  6        collectively, or in combination.
  7        (c)  For  unacidulated  mineral  phosphatic  materials and basic slag, the
  8        guaranteed analysis shall contain both total and available  phosphate  and
  9        the  degree  of  fineness. For bone, tankage, and other organic phosphatic
 10        materials, the guaranteed analysis shall contain total and available phos-
 11        phate.
 12        (d)  The guaranteed analysis for limes shall  include  the  percentage  of
 13        calcium  or  magnesium expressed as their carbonate; the calcium carbonate
 14        equivalent as determined by methods prescribed by the association of offi-
 15        cial analytical chemists, international (AOAC); and the minimum percentage
 16        of material that will pass respectively a one hundred  (100)  mesh,  sixty
 17        (60) mesh, and ten (10) mesh sieve.
 18        (e)  The  guarantees  for  nutrients  other than total nitrogen, available
 19        phosphate and soluble potash shall be expressed in the form  of  the  ele-
 20        ment.  The  source (oxides, salts, chelates, etc.) of such other nutrients
 21        may be required to be stated on the application for registration and shall
 22        be included on the  label.  Other  beneficial  substances   or  compounds,
 23        determinable  by laboratory  methods, also may be guaranteed by permission
 24        of the department. Other guarantees shall not be included with the guaran-
 25        tee  for  nutrients,  but  shall be listed separately as "nonnutrient sub-
 26        stances." When any plant nutrients or other substances  or  compounds  are
 27        guaranteed  they shall be subject to inspection and analysis in accordance
 28        with the methods and rules prescribed by the department.
 29        (f)  In a fertilizer with the principal  constituent  of  calcium  sulfate
 30        (gypsum),  the  percentage of calcium sulfate (           ) shall be given
 31        along with the percentage of total sulfur (S).
 32        (11) "Investigational allowance" means an allowance for variations  inher-
 33    ent  in  the taking, preparation and analysis of an official sample of fertil-
 34    izer.
 35        (12) "Label" means the display of all written, printed, or graphic matter,
 36    upon the immediate container, or a statement accompanying a fertilizer.
 37        (13) "Labeling" means all written, printed, or  graphic  matter,  upon  or
 38    accompanying  any fertilizer, or advertisements, brochures, posters, and tele-
 39    vision and radio announcements used in promoting the sale of such fertilizer.
 40        (14) "Lime" means a substance or a mixture of  substances,  the  principal
 41    constituent   of  which  is  calcium  carbonate  (      ),  calcium  hydroxide
 42    (Ca(  ) ),  calcium  oxide  (CaO),  magnesium  carbonate  (      ),  magnesium
 43    hydroxide (Mg(  )) or magnesium oxide (Mg0), singly or combined.
 44        (15) "Manipulation" means actively processed or treated in any manner.
 45        (16) "Manufacture" means to  compound,  produce,  granulate,  mix,  blend,
 46    repackage, or otherwise alter the composition of fertilizer materials.
 47        (17) "Micronutrient"  means  boron (B), chlorine (Cl), cobalt (Co), copper
 48    (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), sodium (Na), and zinc (Zn).
 49        (18) "Official sample" means any sample or fertilizer taken by the  direc-
 50    tor or his authorized agent and designated as "official" by the department.
 51        (19) "Packaged  fertilizer" means fertilizers, either agricultural or spe-
 52    cialty, distributed in nonbulk form.
 53        (20) "Percent" or "percentage" means the percentage by weight.
 54        (21) "Person" means an individual, partnership, association, firm or  cor-
 55    poration.
  1        (22) "Primary  nutrient"  means  total  nitrogen, available phosphate, and
  2    soluble potash.
  3        (23) "Production" means to compound or fabricate a  fertilizer  through  a
  4    physical or chemical process. Production does not include mixing, blending, or
  5    repackaging fertilizer products.
  6        (24) "Registrant"  means   the person  who registers fertilizer  under the
  7    provisions  of this act.
  8        (25) "Ton" means a net weight of two thousand (2,000) pounds avoirdupois.
  9        22-604.  ADOPTION OF RULES. The department shall administer, enforce,  and
 10    carry  out  the  provisions  of  this chapter and may adopt rules necessary to
 11    carry out its purposes including, but not limited to, the proper  use,  handl-
 12    ing, transportation, storage, display, distribution, analysis, and disposal of
 13    fertilizers  and  their containers. The adoption of rules is subject to public
 14    hearing as prescribed by the Idaho administrative procedure act,  chapter  52,
 15    title 67, Idaho Code.
 16        22-605.  REGISTRATION OF PRODUCTS. (1) Each brand and separately identifi-
 17    able fertilizer product under each brand shall be registered before being dis-
 18    tributed in this state. Companies planning to mix customer-formula fertilizers
 19    shall  include  the  statement "customer-formula grade mixes" under the column
 20    headed "grades" on the brand registration application  form.  The  application
 21    for  registration  shall  be submitted to the department on forms furnished by
 22    the department, and shall be accompanied  by  a  fee  of  twenty-five  dollars
 23    ($25.00)  per  brand and twenty-five dollars ($25.00) per separately identifi-
 24    able fertilizer product, under each brand, if sold in packages of  twenty-five
 25    (25)  pounds or less. Upon approval by the department, a certificate of regis-
 26    tration shall be furnished to  the  applicant.  All  registrations  expire  on
 27    December 31 of each year. The application shall include the following informa-
 28    tion:
 29        (a)  The brand name;
 30        (b)  Declaration of guaranteed analysis of formulations to be sold;
 31        (c)  The name and address of the registrant;
 32        (d)  The  sources  from  which the guaranteed plant nutrients are derived;
 33        and
 34        (e)  A label or labels meeting the requirements of section  22-607,  Idaho
 35        Code.
 36        (2)  A  distributor  is  not  required to register any brand of fertilizer
 37    that is already registered under this chapter.
 38        (3)  A distributor is not required to register a customer-formula  fertil-
 39    izer; provided, that each shall be distributed under a registered brand.
 40        (4)  If  an application for renewal of the brand registration provided for
 41    in this section is not filed before January 1 of any one (1) year,  a  penalty
 42    of  ten  dollars  ($10.00) shall be assessed after February 1 of that year and
 43    added to the original fee and shall  be  paid  by  the  applicant  before  the
 44    renewal  brand  registration  is  issued; provided, that the penalty shall not
 45    apply if the applicant furnished an affidavit that he has not distributed this
 46    brand subsequent to the expiration of his prior registration.
 47        (5)  The department shall  examine  the  fertilizer  product  registration
 48    application  form  and  labels  for  conformance with the requirements of this
 49    chapter. If the application, information and appropriate labels are in  proper
 50    form  and contain  all the required information, the fertilizer products shall
 51    be registered by the department and a certificate  of  registration  shall  be
 52    issued  to the applicant. The department may refuse to register or, cancel the
 53    registration, of any fertilizer product which would be  in  violation  of  any
  1    provision of this chapter.
  2        (6)  In  reviewing  the  fertilizer  product registration application, the
  3    department may consider experimental data,  manufacturers'  evaluations,  data
  4    from  agricultural  experiment stations' product review evaluations, and other
  5    authoritative sources to substantiate labeling claims. The data shall be  from
  6    statistically  designed and analyzed trials representative of the soil, crops,
  7    and climatic conditions found in the northwestern area of the United States.
  8        (7)  In determining whether approval of a label statement or guarantee  of
  9    an  ingredient  is appropriate, the department may require the submission of a
 10    written statement describing the methodology of laboratory analysis  utilized,
 11    the  source of the ingredient material, and any reference material relied upon
 12    to support the label statement or guarantee of ingredient.
 13        (8)  Any waste-derived fertilizer distributed as a single ingredient prod-
 14    uct or blended  with  other  fertilizer  ingredients  must  be  identified  as
 15    "waste-derived  fertilizer" by the registrant in the application for registra-
 16    tion.
 17        (9)  The registrant of a  waste-derived  fertilizer  shall  state  in  the
 18    application  for registration the levels of nonnutritive metals including, but
 19    not limited to, arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb) and  sele-
 20    nium  (Se). The registrant shall provide a laboratory report or other documen-
 21    tation verifying the levels of the nonnutritive metals  in  the  waste-derived
 22    fertilizer.
 23        22-606.  FORMULAS.  The  department may require submission of the complete
 24    formula of any fertilizer and the source of all ingredients if  it  is  deemed
 25    necessary for the registration of any fertilizer product or the administration
 26    of  this  chapter.  Any formula so submitted is exempt from  disclosure to the
 27    public pursuant to section 9-340D(1) or (2), Idaho Code.
 28        22-607.  LABELS -- INFORMATION REQUIRED. (1) Any fertilizer distributed in
 29    this state in containers shall have placed on or affixed to  the  container  a
 30    label  setting  forth  in a clearly legible and conspicuous form the following
 31    information:
 32        (a)  The net weight;
 33        (b)  The brand and grade;
 34        (c)  The name and address of the registrant, or manufacturer, or both; and
 35        (d)  The sources from which the guaranteed plant nutrients are derived.
 36        (2)  In the case of  bulk   shipments,  this  information  in  written  or
 37    printed form, shall accompany delivery and be supplied to the purchaser.
 38        (3)  Each  delivery  of  a customer-formula fertilizer shall contain those
 39    ingredients specified by the purchaser. The ingredients shall be shown on  the
 40    statement  or  invoice  with the amount contained therein, and a record of all
 41    invoices of customer-formula grade mixes shall be kept by the registrant for a
 42    period of six (6) months  and  shall  be  available  to  the  department  upon
 43    request;  provided, that each delivery shall be accompanied by either a state-
 44    ment, invoice, delivery slip, or label if  bagged,  containing  the  following
 45    information:
 46        (a) The net weight;
 47        (b) The brand;
 48        (c)  The  guaranteed  analysis or evidence of grade which may be stated to
 49        the nearest tenth of a percent or to the next lower whole number;
 50        (d) The name and address of the registrant or manufacturer, or both;
 51        (e) The name and address of the purchaser; and
 52        (f) The sources from which the guaranteed plant nutrients are derived.
  1        22-608.  INSPECTION FEES. (1) There shall be paid to  the  department  for
  2    all fertilizers sold or  distributed  in this state in quantities of more than
  3    twenty-five  (25)  pounds an inspection fee at the rate of fifteen cents (15)
  4    per ton.
  5        (2)  Every registrant who distributes fertilizer in the state  shall  file
  6    with  the  department  a semiannual statement for the reporting period setting
  7    forth the number of net tons of each fertilizer so distributed in  this  state
  8    during such period. The statement is due on or before thirty (30) days follow-
  9    ing  the close of the filing period. Upon filing the statement, the registrant
 10    shall pay the inspection fee at the rate provided in this section. If the ton-
 11    nage report is not filed and the inspection fee is not paid within thirty (30)
 12    days after the end of the specified filing period, a  collection  fee  of  ten
 13    percent (10%) of the amount due, or twenty-five dollars ($25.00), whichever is
 14    greater, shall be assessed against the registrant and added to the amount due.
 15        (3)  When  more  than  one (1) person is involved in the distribution of a
 16    fertilizer, the last person who has the fertilizer registered or who has  dis-
 17    tributed the fertilizer to a nonregistrant, dealer, or consumer is responsible
 18    for reporting the tonnage and paying the inspection fee, unless the report and
 19    payment  is  made by a prior distributor of the fertilizer. The registrant has
 20    the ultimate responsibility for the payment of inspection fees.
 21        (4)  Records of the number of net tons of each fertilizer  so  distributed
 22    in  this state shall be maintained for a period of five (5) years.  The direc-
 23    tor shall have the right to examine such records to verify the  reported  ton-
 24    nage of fertilizer distributed in this state.
 25        (5)  A  minimum inspection fee shall be five dollars ($5.00) per reporting
 26    period.
 27        (6)  On individual packages  of  fertilizer  containing  twenty-five  (25)
 28    pounds  or less there shall be paid, in lieu of the inspection  fee, an annual
 29    registration  fee  of twenty-five dollars ($25.00) for each separately identi-
 30    fiable product of each brand sold or distributed. Where a  person  distributes
 31    fertilizer  in  packages of twenty-five (25) pounds or less and in packages of
 32    over twenty-five (25) pounds, the annual fee shall apply only to that  portion
 33    distributed in packages of twenty-five (25) pounds or less.
 34        (7)  Fees  so  collected  shall  be  used  for the payment of the costs of
 35    inspection, sampling and analysis,  and  other  expenses   necessary  for  the
 36    administration of this chapter.
 37        22-609.  TONNAGE  REPORTS. (1) The registrant distributing or selling fer-
 38    tilizer to a nonregistrant or consumer  shall  furnish  to  the  department  a
 39    report  showing the amount (in tons) of each grade of fertilizer, and the form
 40    in which the fertilizer was distributed (dry or liquid). In the case  of  fer-
 41    tilizer  sold  to  an  intermediate distributor, the registrant or distributor
 42    shall list the name, address, telephone number, and amount (in tons)  of  each
 43    fertilizer product sold to each intermediate distributor.
 44        (2)  Information  furnished to the department under this section is exempt
 45    from disclosure under section 9-340D(1) or (2), Idaho Code, if the  disclosure
 46    would divulge the operation of any person.
 47        22-610.  INSPECTION -- SAMPLING. (1) The department shall inspect, sample,
 48    analyze,  and  test  fertilizers  distributed within this state, at a time and
 49    place and to the extent the department deems necessary, to  determine  whether
 50    the  fertilizers comply with this chapter. The department may stop any commer-
 51    cial vehicle transporting fertilizers on the public highways and direct it  to
 52    the  nearest scales approved by the department to check weights of fertilizers
 53    being delivered. The department may also, upon presentation of proper  identi-
  1    fication,  enter  any  distributor's premises, including any vehicle of trans-
  2    port, at all reasonable times in order to have access to  fertilizers  and  to
  3    records relating to their distribution.
  4        (2)  The  methods  of  sampling and analysis shall be those adopted by the
  5    department from officially recognized sources including, but not  limited  to,
  6    the  association  of  American  plant  food control officials (AAPFCO) and the
  7    association of official analytical chemists, international (AOAC).
  8        (3)  The department, in determining for administrative purposes whether  a
  9    fertilizer  is  deficient in any component or total nutrients, shall be guided
 10    solely by the official sample as defined in section  22-603(18),  Idaho  Code,
 11    and obtained and analyzed as provided for in this section.
 12        (4)  When the inspection and analysis of an official sample has been made,
 13    the  department  shall  forward the results of the analysis to the distributor
 14    and manufacturer, and to the purchaser upon request. Upon written request  and
 15    within  thirty (30) days of the results of analysis, the department shall fur-
 16    nish to the distributor and/or manufacturer a portion of the sample concerned.
 17        (5)  If analyses of samples made by the department  indicate  deficiencies
 18    in  the  fertilizer  examined, below guaranteed analysis, and in excess of the
 19    tolerances specified by rules promulgated under this chapter,  the  department
 20    shall immediately notify the manufacturer and/or distributor of the fertilizer
 21    of  the  results of the analyses. The manufacturer or seller of the fertilizer
 22    may, upon written request,  obtain  from  the  department  a  portion  of  the
 23    sample(s)  in  question. If he fails to agree with the analyses of the depart-
 24    ment, he may request an umpire who shall be one (1) of a list of not less than
 25    three (3) public analysts of recognized ability in  fertilizer  analyses,  who
 26    shall  be  named  by  the department. The umpire analyses shall be made at the
 27    expense of the manufacturer or seller  requesting  the  same.  If  the  umpire
 28    agrees  more  closely with the department, the figures of the department shall
 29    be considered correct. If the umpire agrees more closely with the  figures  of
 30    the  manufacturer or distributor, then the figures of the manufacturer or dis-
 31    tributor shall be considered correct.
 32        (6)  Analysis of an official sample by the department shall be accepted as
 33    prima facie evidence by any court of competent jurisdiction.
 34        22-611.  PENALTIES. (1) If the analysis shows that any fertilizer deviates
 35    from the guaranteed analysis in any plant nutrient, micronutrient, or in total
 36    nutrients, a penalty shall be assessed in favor of the department at the  rate
 37    of  three  (3)  times  the  value  of  the  deficiency  or twenty-five dollars
 38    ($25.00), whichever is greater, when  the  deviation  exceeds  the  tolerances
 39    established by rules promulgated under this chapter.
 40        (2)  All  penalties  assessed  under this section or any rule hereunder on
 41    any one (1) fertilizer, represented by the sample analyzed, shall be  paid  to
 42    the  department  within  three  (3)  months  after the date of notice from the
 43    department to the registrant. The department shall deposit the amount  of  the
 44    penalty into the "commercial feed and fertilizer fund."
 45        (3)  Nothing contained in this section or any rule hereunder shall prevent
 46    any  person from appealing to a court of competent jurisdiction for a judgment
 47    as to the justification of such penalties imposed under  subsections  (1)  and
 48    (2) of this section.
 49        (4)  Penalties  payable as provided for in subsections (1) and (2) of this
 50    section or any rule hereunder shall in no manner be construed as limiting  the
 51    consumer's right to bring a civil action in damage against the registrant pay-
 52    ing the penalties.
 53        (5)  Penalties  for  short  weights,  both  packaged  and  bulk,  shall be
 54    assessed at the rate of three (3) times the invoiced value if  the  deficiency
  1    exceeds the tolerances established by rule.
  2        22-612.  ASSESSMENT OF PENALTIES. For the purpose of initially determining
  3    the  commercial  values  to  be  applied under section 22-611, Idaho Code, the
  4    department shall determine from the registrant's sales invoices the values per
  5    pound, charged for total nitrogen, available phosphoric acid, soluble  potash,
  6    and other plant nutrients. The values so determined shall be used in determin-
  7    ing and assessing penalties.
  8        22-613.  MISBRANDING.  No person shall distribute a misbranded fertilizer.
  9    A fertilizer is misbranded if:
 10        (1)  The labeling is false or misleading;
 11        (2)  It is distributed under the name of another fertilizer product;
 12        (3)  It is not labeled  as required in section 22-607, Idaho Code, and  in
 13    accordance  with rules prescribed under this chapter; or
 14        (4)  It  purports   to be or is represented  as a fertilizer, or is repre-
 15    sented as containing a plant nutrient or fertilizer unless such plant nutrient
 16    or fertilizer conforms to the definition of identity, if  any,  prescribed  by
 17    rule  of  the department. In adopting such rules the department shall give due
 18    regard to commonly accepted definitions  and official  fertilizer terms   such
 19    as  those  issued  by the association of American plant food control officials
 20    (AAPFCO).
 21        22-614.  ADULTERATION. No person shall distribute an  adulterated  fertil-
 22    izer product. A fertilizer is adulterated if:
 23        (1)  It contains any deleterious or harmful substance in sufficient amount
 24    to  render  it  injurious  to  beneficial plant life, animals, humans, aquatic
 25    life, soil, or water when applied in accordance with directions for use on the
 26    label; or, if adequate warning statements or directions for use which  may  be
 27    necessary to protect plant life, animals, humans, aquatic life, soil, or water
 28    are not shown upon the label;
 29        (2)  Its  composition  falls  below  or differs from that which it is pur-
 30    ported to possess by its labeling; or
 31        (3)  It contains unwanted crop seed or weed seed.
 32        22-615.  PUBLICATION OF INFORMATION. The department shall publish at least
 33    annually and in a form it deems proper: the total tonnage of  fertilizer  dis-
 34    tributed,  the  number  of  total  official samples analyzed and the number of
 35    deficient official samples analyzed, and any other information the  department
 36    deems fit.
 37        22-616.  "STOP  SALE" ORDERS. The department may issue and enforce a writ-
 38    ten or printed "stop sale, use, or removal" order to the owner or custodian of
 39    any fertilizer and hold the fertilizer, or order  it  held,  at  a  designated
 40    place  when  the  department finds the fertilizer is being offered for sale in
 41    violation of this chapter, until the law has been complied with and  the  fer-
 42    tilizer  is  released in writing  by the department, or the violation has been
 43    otherwise legally disposed of by written authority. The owner or custodian  of
 44    any fertilizer that has been issued a "stop sale, use, or removal" order shall
 45    remedy  the violations within ninety (90) days, unless the department grants a
 46    written extension. The department shall release the  fertilizer  so  withdrawn
 47    when  the  requirements  of this chapter have been complied with and all costs
 48    and expenses incurred in connection with the withdrawal have been paid.
 49        22-617.  COMPLAINT FOR SEIZURE -- HEARING. Any fertilizer  that  does  not
  1    comply  with this chapter is subject to seizure on complaint of the department
  2    to a court of competent jurisdiction in the geographic area in which the  fer-
  3    tilizer  is  located.  If the court finds the fertilizer to be in violation of
  4    this chapter and orders the condemnation of  the  fertilizer,  the  fertilizer
  5    shall  be disposed of in any manner consistent with the quality of the fertil-
  6    izer and the laws of the state; provided, that in no instance shall the dispo-
  7    sition of the fertilizer be ordered by a court of competent jurisdiction with-
  8    out first giving the claimant an opportunity to apply to the court for release
  9    of the fertilizer or for permission to process or relabel  the  fertilizer  to
 10    bring it into compliance with this chapter.
 11        22-618.  VIOLATIONS. It is unlawful for any person to:
 12        (1)  Distribute a misbranded fertilizer;
 13        (2)  Fail,  refuse or neglect to place upon or attach to each container of
 14    distributed fertilizer a label containing the  information  required  by  this
 15    chapter;
 16        (3)  Fail,  refuse or neglect to deliver to a purchaser of bulk fertilizer
 17    a statement containing the information required by this chapter;
 18        (4)  Distribute a fertilizer  which  has  not  been  registered  with  the
 19    department;
 20        (5)  Distribute  a  fertilizer  containing  viable  seeds unless serving a
 21    desirable purpose and appropriately labeled;
 22        (6)  Distribute an adulterated fertilizer;
 23        (7)  Distribute a fertilizer weighing less than that which it is purported
 24    to weigh;
 25        (8)  Distribute a fertilizer different from the guaranteed  analysis  pur-
 26    ported on the label; or
 27        (9)  Fail  or  refuse to provide, keep or maintain records and information
 28    as required by this chapter.
 29        22-619.  REMEDIES FOR VIOLATIONS. (1) Any person  convicted  of  violating
 30    any  of  this  chapter  or  the  rules  promulgated thereunder or who impedes,
 31    obstructs, hinders, or otherwise prevents or attempts to prevent the  director
 32    or  a  duly  authorized agent from the performance of their duty in connection
 33    with this chapter, is guilty of a misdemeanor and shall be fined not more than
 34    five hundred dollars ($500) for the first violation, and  not  more  than  one
 35    thousand  five  hundred  dollars  ($1,500)  for a subsequent violation. In all
 36    prosecutions under this chapter involving the composition of a lot of  commer-
 37    cial  fertilizer,  a  certified  copy  of  the official analysis signed by the
 38    director or his duly authorized agent shall be accepted as  prima  facie  evi-
 39    dence of the composition.
 40        (2)  Any  person  who violates or fails to comply with this chapter or any
 41    rules promulgated thereunder may be assessed a civil penalty by the department
 42    or its duly authorized agent of not more than five hundred dollars ($500)  for
 43    each offense and shall be liable for reasonable attorney's fees. Assessment of
 44    a  civil penalty may be made in conjunction with any other department adminis-
 45    trative action. No civil penalty may be assessed unless the person charged was
 46    given notice and opportunity for a hearing pursuant to the  Idaho  administra-
 47    tive  procedure  act,  chapter  52,  title  67, Idaho Code. If the director is
 48    unable to collect the penalty or if any person fails to pay all or a set  por-
 49    tion of the civil penalty as determined by the department, it may recover such
 50    amount  by  action  in the appropriate district court. Any person against whom
 51    the director has assessed a civil penalty under the provisions of this section
 52    may, within thirty (30) days of the final action  by  the  agency  making  the
 53    assessment, appeal the assessment to the district court of the county in which
  1    the violation is alleged by the department to have occurred.
  2        (3)  Nothing  in  this  chapter requires the director or a duly authorized
  3    representative to report minor violations of the chapter for  prosecution,  or
  4    for  the  institution  of seizure proceedings, when the director believes that
  5    the public interest will be best served by a suitable  notice  of  warning  in
  6    writing.
  7        (4)  Each  prosecuting  attorney  to  whom any violation is reported shall
  8    cause appropriate proceedings to be instituted and prosecuted in  a  court  of
  9    competent  jurisdiction without delay. Before the director reports a violation
 10    for such prosecution, an opportunity shall be given the distributor to present
 11    his view to the director.
 12        (5)  The director may apply for and the court is  authorized  to  grant  a
 13    temporary  or  permanent  injunction  restraining any person from violating or
 14    continuing to violate this chapter or any rule promulgated under  the  chapter
 15    notwithstanding  the existence of other remedies at law. Said injunction shall
 16    be issued without bond.
 17        22-620.  USE OF FUNDS RECEIVED. All moneys received by the  director  from
 18    the  registration of various brands of fertilizers and from the payment to him
 19    of moneys derived from the registration and inspection fees  charged  on  such
 20    fertilizers,  and moneys collected for a violation(s) of this chapter or rules
 21    promulgated thereunder, shall be paid into the state treasury and placed in  a
 22    fund  to  be known as the "commercial feed and fertilizer fund." Moneys in the
 23    commercial feed and fertilizer fund are continuously appropriated for the pur-
 24    poses of carrying out the provisions of this chapter.
 25        22-621.  COOPERATION WITH OTHER GOVERNMENTAL AGENCIES.  The  director  may
 26    cooperate  with  and  enter  into agreements with other governmental agencies,
 27    whether of this state, other states, or agencies of  the  federal  government,
 28    and  with  private  associations,  in  order to carry out the purposes of this
 29    chapter.
 30        22-622.  NO AFFECT ON EXISTING LIABILITY. The enactment  of  this  chapter
 31    does  not  terminate  or  modify any civil or criminal liability which already
 32    exists on July 1, 2000.
 33        22-623.  NOT APPLICABLE TO WHOLESALE TRANSACTIONS. Nothing in this chapter
 34    restricts or precludes sales or exchanges of  fertilizers  to  each  other  by
 35    importers,  manufacturers,  or  manipulators  who mix fertilizer materials for
 36    sale or prevents the free and unrestricted shipments of fertilizer to manufac-
 37    turers or manipulators who have registered their products as required by  this
 38    chapter.
 39        22-624.  SEVERABILITY. If any clause, sentence, paragraph, or part of this
 40    chapter is judged invalid by any court of competent jurisdiction, the judgment
 41    shall  not  affect,  impair,  or  invalidate the remainder of the chapter, but
 42    shall be confined in its operation to the clause, sentence, paragraph, or part
 43    of the chapter directly involved in the controversy in which the judgment  has
 44    been rendered.
 45        SECTION  3.  This  act shall be in full force and effect on and after July
 46    1, 2000.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE

Repeal Title 22, Chapter 6, Idaho Code, Commercial Fertilizers 
in its entirety and adopt the Uniform State Fertilizer Bill as 
recommended by AAPFCO and incorporate amendments as recommended 
by the Director's Fertilizer Advisory Committee. The proposed 
legislation will provide: definitions and registration requirements
for sale of waste-derived fertilizers; auditing of fertilizer 
tonnage sold and reported by licensed dealers; Stop Sale 
procedures for violations of the Fertilizer Law and Rules; and 
provide authority for ISDA to assess civil penalties for violations 
of the Fertilizer Law and Rules.

                          FISCAL IMPACT 

Fiscal impact to Dedicated Fund revenues is an estimated increase 
of $7,500 to $10,000 for tonnage revenue. 

Name: Dr. Roger R. Vega, Administrator 
Agency: Idaho State Department of Agriculture
Phone: (208) 332-8620

Statement of Purpose/Fiscal Impact                     H 432