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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, Zimmermann 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 NAYS--Hawkins 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
|||| 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 2 RELATING TO COMMERCIAL FERTILIZERS; REPEALING CHAPTER 6, TITLE 22, IDAHO CODE; 3 AMENDING TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 6, TITLE 4 22, IDAHO CODE, TO PROVIDE A TITLE, TO PROVIDE FOR ADMINISTRATION BY THE 5 DEPARTMENT OF AGRICULTURE, TO PROVIDE DEFINITIONS, TO PROVIDE FOR ADOPTION 6 OF RULES, TO PROVIDE FOR REGISTRATION OF PRODUCTS, TO PROVIDE FORMULAS, TO 7 PROVIDE THAT LABELS WITH CERTAIN INFORMATION ARE REQUIRED, TO PROVIDE 8 INSPECTION FEES, TO PROVIDE FOR TONNAGE REPORTS, TO PROVIDE FOR INSPECTION 9 AND SAMPLING, TO PROVIDE PENALTIES, TO PROVIDE FOR ASSESSMENT OF PENAL- 10 TIES, TO PROHIBIT MISBRANDING, TO PROHIBIT ADULTERATION, TO PROVIDE FOR 11 PUBLICATION OF INFORMATION, TO PROVIDE FOR ISSUANCE AND ENFORCEMENT OF 12 STOP SALE ORDERS, TO PROVIDE FOR COMPLAINTS FOR SEIZURE OF FERTILIZER AND 13 HEARINGS, TO PROVIDE VIOLATIONS, TO PROVIDE REMEDIES FOR VIOLATIONS, TO 14 PROVIDE FOR USE OF FUNDS RECEIVED, TO PROVIDE FOR COOPERATION WITH OTHER 15 GOVERNMENTAL AGENCIES, TO PROVIDE THAT ENACTMENT DOES NOT AFFECT EXISTING 16 LIABILITY, TO PROVIDE THAT THE CHAPTER DOES NOT APPLY TO WHOLESALE TRANS- 17 ACTIONS AND TO PROVIDE SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 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. 2 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 ......... % 3 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. 4 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 5 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. 6 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- 7 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 8 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 9 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 10 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 RS09396CI 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. Contact: Name: Dr. Roger R. Vega, Administrator Agency: Idaho State Department of Agriculture Phone: (208) 332-8620 Statement of Purpose/Fiscal Impact H 432