Print Friendly HOUSE BILL NO. 558 – Plant&Soil Amendments Act
HOUSE BILL NO. 558
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H0558...............................................by AGRICULTURAL AFFAIRS
PLANT AND SOIL AMENDMENTS - Repeals and adds to existing law to recodify
the law regarding the regulation by the Department of Agriculture of soil
and plant amendments.
02/11 House intro - 1st rdg - to printing
02/14 Rpt prt - to Agric Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 558
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO SOIL AND PLANT AMENDMENTS; REPEALING CHAPTER 11, TITLE 22, IDAHO
3 CODE, AS ADDED BY SECTION 1, CHAPTER 426, LAWS OF 1990; REPEALING SECTIONS
4 22-2203, 22-2204, 22-2205, 22-2206 AND 22-2213, IDAHO CODE; AND AMENDING
5 TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 22, TITLE 22, IDAHO
6 CODE, TO PROVIDE A TITLE, TO PROVIDE FOR ADMINISTRATION BY THE DEPARTMENT
7 OF AGRICULTURE, TO PROVIDE DEFINITIONS OF WORDS AND TERMS, TO PROVIDE FOR
8 ADOPTION OF RULES, TO PROVIDE FOR REGISTRATION OF PRODUCTS, TO PROVIDE
9 FORMULAS, TO PROVIDE THAT LABELS WITH CERTAIN INFORMATION ARE REQUIRED, TO
10 PROVIDE TONNAGE FEES, TO PROVIDE FOR TONNAGE REPORTS, TO PROVIDE FOR
11 INSPECTION, SAMPLING AND ANALYSIS, TO PROVIDE FOR SHORT WEIGHTS, TO PRO-
12 VIDE PENALTIES FOR DEFICIENT ANALYSIS, TO PROVIDE FOR ASSESSMENT OF PENAL-
13 TIES, TO PROHIBIT MISBRANDING, TO PROHIBIT ADULTERATION, TO PROVIDE FOR
14 PUBLICATION OF INFORMATION, TO PROVIDE FOR ISSUANCE AND ENFORCEMENT OF
15 STOP-SALE ORDERS, TO PROVIDE VIOLATIONS, TO PROVIDE REMEDIES FOR VIOLA-
16 TIONS, TO PROVIDE FOR DISPOSITION OF FUNDS RECEIVED, TO PROVIDE FOR COOP-
17 ERATION WITH OTHER GOVERNMENTAL AGENCIES, TO PROVIDE THAT ENACTMENT DOES
18 NOT AFFECT EXISTING LIABILITY, TO PROVIDE THAT THE CHAPTER DOES NOT APPLY
19 TO WHOLESALE TRANSACTIONS AND TO PROVIDE SEVERABILITY.
20 Be It Enacted by the Legislature of the State of Idaho:
21 SECTION 1. That Chapter 11, Title 22, Idaho Code, be, and the same is
22 hereby repealed.
23 SECTION 2. That Sections 22-2203, 22-2204, 22-2205, 22-2206 and 22-2213,
24 Idaho Code, be, and the same are hereby repealed.
25 SECTION 3. That Title 22, Idaho Code, be, and the same is hereby amended
26 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
27 ter 22, Title 22, Idaho Code, and to read as follows:
28 CHAPTER 22
29 SOIL AND PLANT AMENDMENTS
30 22-2201. TITLE. This act may be known and cited as the "Soil and Plant
31 Amendment Act of 2000."
32 22-2202. ADMINISTRATION. The provisions of this chapter shall be adminis-
33 tered by the Idaho department of agriculture.
34 22-2203. DEFINITIONS OF WORDS AND TERMS. As used in this chapter:
35 (1) "Aged" means exposed to weathering and/or natural decay, such that
36 the original material is significantly altered.
37 (2) "Biosolid(s)" means a primary organic solid material produced by
38 wastewater treatment processes that can be beneficially recycled for its plant
1 nutrient content and soil amending characteristics, as regulated under the
2 code of federal regulations, 40 CFR 503, as amended.
3 (3) "Brand" means the term, designation, trademark, product name or other
4 specific designation under which individual soil amendments or plant amend-
5 ments are offered for sale.
6 (4) "Bulk" means in nonpackaged form or in packages of one (1) cubic yard
7 or more.
8 (5) "Bulk density" means dry weight per unit of volume.
9 (6) "Composting" means the controlled degradation of organic waste mate-
10 rials. Natural decay of organic waste under uncontrolled conditions is not
12 (7) "Customer formula mix" means a soil amendment or plant amendment
13 which is prepared to the specifications of the final purchaser.
14 (8) "Deficiency" means the amount of ingredient found by analysis to be
15 less than that guaranteed, which may result from a lack of ingredients or
16 from lack of uniformity.
17 (9) "Department" means the Idaho department of agriculture.
18 (10) "Director" means the director of the Idaho department of agriculture
19 or his duly authorized representative.
20 (11) "Distribute" means to import, consign, manufacture, produce, com-
21 pound, mix, or blend soil amendments or plant amendments, or to offer for
22 sale, sell, barter or otherwise supply soil amendments and plant amendments in
23 this state.
24 (12) "Distributor" means any person who distributes.
25 (13) "Horticultural growing media" means any substance or mixture of sub-
26 stance which is promoted as or is intended to function as a growing medium for
27 the managed growth of horticultural crops in containers and shall be consid-
28 ered a plant amendment for the purposes of this chapter.
29 (14) "Investigational allowance" means an allowance for variations inher-
30 ent in the taking, preparation and analysis of an official sample of soil
31 amendments or plant amendments.
32 (15) "Label" means the display of all written, printed or graphic matter
33 upon the immediate container or statement accompanying a soil amendment or
34 plant amendment.
35 (16) "Labeling" means all written, printed or graphic matter, upon or
36 accompanying any soil amendment or plant amendment, or advertisements, bro-
37 chures, posters, or television or radio announcements used in promoting the
38 sale of such soil amendment or plant amendment.
39 (17) "Manipulation" means actively processed or treated in any manner.
40 (18) "Manufacture" means to compound, produce, granulate, mix, blend,
41 repackage or otherwise alter the composition of soil amendment or plant amend-
42 ment materials.
43 (19) "Micronutrients" means boron (B); chlorine (Cl); cobalt (Co); copper
44 (Cu); iron (Fe); manganese (Mn); molybdenum (Mo); sodium (Na); and zinc (Zn).
45 (20) "Minimum percentage" means that percent of plant or soil amending
46 ingredient that must be present in a product before the product will be
47 accepted for registration when mentioned in any form or manner.
48 (21) "Official sample" means any sample of soil amendment or plant amend-
49 ment taken by the director or his agent.
50 (22) "Organic" refers only to naturally occurring substances generally
51 recognized as the hydrogen compounds of carbon and their derivatives.
52 (23) "Organic waste-derived material" means grass clippings, leaves,
53 weeds, bark, plantings, prunings, and other vegetative wastes, wood wastes
54 from logging and milling operations, food wastes and materials derived from
55 these wastes through composting. "Organic waste-derived material" does not
1 include products that contain biosolids as defined in subsection (2) of this
3 (24) "Other ingredients" means the nonsoil amending or nonplant amending
4 ingredients present in soil amendments or plant amendments.
5 (25) "Percent" or "percentage" means by weight.
6 (26) "Person" means individual, partnership, association, firm or corpora-
8 (27) "Plant amendment" means any natural or synthetic substance applied to
9 plants or seeds which is intended to improve germination, growth, yield, prod-
10 uct quality, reproduction, flavor or other desirable characteristics of plants
11 except commercial fertilizers, soil amendments, limes, unmanipulated animal
12 and vegetable manures, pesticides and other materials which may be exempted by
14 (28) "Processed" means deliberately treated or manipulated to modify or
15 transform physical, chemical, or biological characteristics of the natural
16 state of a substance.
17 (29) "Raw" means in the natural state, and not prepared, modified, proc-
18 essed or manipulated for use.
19 (30) "Registrant" means the person(s) who registers soil amendments or
20 plant amendments under the provisions of this chapter.
21 (31) "Soil amendment" means:
22 (a) Any substance which is intended to improve the physical, chemical or
23 biological characteristics of the soil to favor plant growth; or
24 (b) Any material which is represented as having a primary function of
25 enhancing, changing or modifying soil microorganism reproduction, activity
26 or population, or material which is represented as having the primary
27 function of forming or stabilizing soil aggregates in soil to which it is
28 to be applied and thereby improving the resistance of such soil to the
29 slaking action of water, increasing the soil's water and air permeability
30 or infiltration, improving the resistance of the surface of the soil to
31 crusting, improving ease of cultivation of soil, or otherwise favorably
32 modifying the structural or physical properties of soil; and
33 (c) "Soil amendment" shall not include commercial fertilizers, plant
34 amendments, limes, gypsum, unmanipulated animal and vegetable manures,
35 pesticides and other material which may be exempted by rule of the depart-
37 (32) "Ton" means a net weight of two thousand (2,000) pounds avoirdupois.
38 (33) "Verification of label claims" means the information of an explana-
39 tory nature describing how the registrant determined the truthfulness and
40 accuracy of the registrant's words or statements describing the product
41 according to recognized standards.
42 (34) "Waste-derived soil amendment" or "waste-derived plant amendment"
43 shall include any soil amendment or plant amendment that is derived from an
44 industrial byproduct, coproduct or other material that would otherwise be dis-
45 posed of if a market for reuse were not an option, but does not include any
46 soil amendment or plant amendment derived from biosolids or biosolid products
47 regulated under the code of federal regulations, 40 CFR 503, as amended.
48 (35) "Weight" means the weight of material as offered for sale.
49 (36) "Wood" is the hard fibrous material located beneath the bark of
50 trees, which constitutes the greatest part of the stems of trees and shrubs.
51 22-2204. ADOPTION OF RULES. The department shall administer, enforce, and
52 carry out the provisions of this act and may adopt rules necessary to carry
53 out its purposes including, but not limited to, the proper use, handling,
54 transportation, storage, display, distribution, sampling, records, analysis,
1 form, minimum percentages, soil amending or plant amending ingredients,
2 exempted materials, investigational allowances, definitions, labels, labeling,
3 liability bond, misbranding, mislabeling and disposal of soil amendments and
4 plant amendments and their containers. The adoption of rules shall be subject
5 to public hearing as prescribed by the Idaho administrative procedure act,
6 chapter 52, title 67, Idaho Code.
7 22-2205. REGISTRATION OF PRODUCTS. (1) Each separately identifiable soil
8 amendment or plant amendment product shall be registered before being distrib-
9 uted in this state. The application for registration shall be submitted to the
10 department on a form furnished by the department, and shall be accompanied by
11 a fee of twenty-five dollars ($25.00), nonrefundable, per product and a label
12 of each product, unless a current label is on file at the department. Compa-
13 nies planning to mix customer-formula soil amendments or plant amendments
14 shall include the statement "customer-formula mixes" under the "products" col-
15 umn on the registration application form. Upon approval by the department, a
16 certificate of registration shall be furnished to the applicant.
17 (2) In determining whether a label statement of an ingredient is appro-
18 priate, the department may require the submission of a written statement
19 describing the method of laboratory analysis used, the source of all ingredi-
20 ent material and any reference material relied on to support the label state-
21 ment or guarantee of the ingredients.
22 (3) Upon receipt of a complete application for registration of a product
23 the department may test and analyze an official sample of the product to
24 determine whether the contents of the official sample conform to the label. In
25 his discretion, the director may also require an applicant for registration of
26 a soil amendment or a plant amendment to submit any data concerning the effi-
27 cacy or safety of the product for its intended use.
28 (4) Refusal to register, denial, suspension.
29 (a) If it does not appear to the director that composition of the soil
30 amendment or plant amendment is such as to warrant the proposed claims for
31 it, or if the soil amendment or plant amendment and its labeling or other
32 material required to be submitted do not comply with the provisions of
33 this chapter or rules promulgated pursuant thereto, he shall notify the
34 applicant of the manner in which the soil amendment or plant amendment
35 labeling or other material required to be submitted fails to comply with
36 the provisions of this chapter so as to afford the applicant an opportu-
37 nity to make the necessary corrections. If upon receipt of such notice,
38 the applicant does not make the required changes within ninety (90) days
39 from the receipt of said notice, the director may refuse to register the
40 soil amendment or plant amendment. The applicant may request a hearing as
41 provided in the administrative procedure act, chapter 52, title 67, Idaho
43 (b) When the director determines that a soil amendment or plant amendment
44 or its labeling does not comply with the provisions of this act, or the
45 rules adopted thereunder, or when necessary to prevent unreasonable
46 adverse effects on the environment, he may refuse to register, suspend,
47 revoke or modify the registration of such soil amendment or plant amend-
48 ment in accordance with the provisions of the administrative procedure
49 act, chapter 52, title 67, Idaho Code.
50 (5) Registrations shall be effective through the last day of the calendar
51 year in which they are issued or, if an application for renewal registration
52 is submitted to the department before the end of such year, until the renewal
53 application is acted upon by the director. The director may dispense with the
54 requirement that a soil amendment or plant amendment be analyzed upon renewal
1 registration if there is no material change in the label for the product.
2 (6) If the application for renewal of the soil amendment or plant amend-
3 ment registration provided for in this section is not submitted before Febru-
4 ary 1 of any one (1) year, a penalty of ten dollars ($10.00) per product shall
5 be assessed and added to the original fee and shall be paid by the applicant
6 before the renewal soil amendment or plant amendment registration is issued.
7 (7) Any waste-derived soil amendment or waste-derived plant amendment
8 distributed as a single ingredient product or blended with other soil amend-
9 ments or plant amendment ingredients must be identified as "waste-derived soil
10 amendment or plant amendment" by the registrant in the application for regis-
12 (8) The registrant of a waste-derived soil amendment or plant amendment
13 shall state in the application for registration the concentration of metals or
14 metalloids including, but not limited to, arsenic (As), cadmium (Cd), mercury
15 (Hg), lead (Pb), and selenium (Se). The registrant shall provide a laboratory
16 report or other documentation verifying the levels of the metals or metalloids
17 in the waste-derived soil amendment or plant amendment.
18 (9) A distributor is not required to register a soil amendment or plant
19 amendment product that is already registered under this act, as long as the
20 label remains unchanged.
21 22-2206. FORMULAS. The department may require submission of the complete
22 formula of any soil amendment or plant amendment and the source(s) of all
23 ingredients if it is deemed necessary for the registration of any soil amend-
24 ment or plant amendment product or administration of this act. Any formula so
25 submitted is exempt from disclosure to the public pursuant to section
26 9-340D(1) or (2), Idaho Code.
27 22-2207. LABELING -- INFORMATION REQUIRED. (1) Soil amendment or plant
28 amendment labels. The following information shall appear on the face or dis-
29 play side of any container, or on the invoice if delivered in bulk, in which
30 soil amendments or plant amendments are offered for sale in a readable and
31 conspicuous form, and shall be considered the label:
32 (a) Net weight or volume by gallon or cubic foot;
33 (b) Brand name;
34 (c) Content analysis; soil amending or plant amending ingredients:
35 "Name of ingredient" .... %
36 (identify and list all)
37 Total other ingredients ...... %
38 (d) Purpose of product;
39 (e) Directions for application;
40 (f) Name and mailing address of the registrant.
41 (g) Other information as may be required by rule for the type of product
42 being registered.
43 (2) No information or statement shall appear on any package, label or
44 labeling which is false or misleading to the purchaser as to the use, analy-
45 sis, type or composition of the soil amendment or plant amendment.
46 (3) The director may require verification of label claims made for any
47 soil amendment or plant amendment. If no claims are made he may require proof
48 of usefulness and value of the soil amendment or plant amendment. For evidence
49 of proof the director may rely on experimental data, evaluations or advice
50 supplied from such sources as the director of the agricultural experiment sta-
51 tion. The verification of label claims shall be relevant to the stated uses
52 for which the product is intended. The director may accept or reject other
53 sources of proof as additional evidence in evaluating soil amendments and
1 plant amendments.
2 (4) Soil amending or plant amending ingredients may be listed or guaran-
3 teed on labels or labeling of soil amendments or plant amendments with the
4 permission of the director. The director may allow a soil amending or plant
5 amending ingredient to be listed or guaranteed on the label or labeling if
6 satisfactory supportive data is provided to the director to substantiate the
7 value and usefulness of the soil amending or plant amending ingredients. The
8 director may rely on outside sources such as the director of the agricultural
9 experiment station for assistance in evaluating the data submitted. When a
10 soil amending or plant amending ingredient is permitted to be listed or guar-
11 anteed, it must be determinable by laboratory methods and is subject to
12 inspection and analysis. The director may prescribe methods and procedures of
13 inspection and analysis of the soil amending and plant amending ingredient.
14 The director may stipulate by rule, the quantities of soil amending or plant
15 amending ingredient(s) required in a soil amendment or plant amendment.
16 (5) The director may allow labeling by volume rather than weight in sub-
17 section (1)(a) of this section.
18 (6) Each delivery of a customer-formula mix soil amendment or a plant
19 amendment shall contain those ingredients specified by the purchaser, and
20 those ingredients and the amounts of each shall be shown on the statement or
21 invoice. A record of all invoices of customer-formula mixes shall be kept by
22 the registrant for a period of one (1) year and shall be available to the
23 department upon request.
24 (7) Each delivery of a customer-formula mix soil amendment or a plant
25 amendment shall be accompanied by either a statement, invoice, delivery slip
26 or label, containing the following information:
27 (a) Net weight or volume by gallon or cubic foot;
28 (b) The brand;
29 (c) The name and address of the registrant or manufacturer, or both;
30 (d) The name and address of the purchaser; and
31 (e) The soil amending or plant amending ingredients and amounts.
32 22-2208. TONNAGE FEE. (1) There shall be paid to the department by the
33 registrant of all soil amendments or plant amendments distributed for sale or
34 other remuneration in this state a tonnage fee of ten cents (10) per gallon
35 on every gallon of liquid plant or soil amendment and ten cents (10) per five
36 hundred (500) pounds of dry material soil or plant amendment manufactured for
37 sale, sold or distributed into or within the state of Idaho.
38 (2) Semiannual tonnage fee reporting periods shall be January 1 to June
39 30 and July 1 to December 31 of each year.
40 (3) Every registrant who distributes soil amendments or plant amendments
41 in the state shall file with the department a semiannual statement for the
42 reporting period setting forth the number of net tons or gallons of each soil
43 amendment or plant amendment so distributed in this state during such period.
44 The statement is due on or before thirty (30) days following the close of the
45 filing period and upon filing such statement the registrant shall pay the ton-
46 nage fee at the rate stated in this section. If the tonnage report is not
47 filed and the payment of tonnage fees is not paid within thirty (30) days
48 after the end of the specified filing period, a collection fee of ten percent
49 (10%) of the amount due, or twenty-five dollars ($25.00), whichever is
50 greater, shall be assessed against the registrant and added to the amount due.
51 (4) Ultimate responsibility for the payment of tonnage fees is the
52 responsibility of the registrant. When more than one (1) person is involved in
53 the distribution of a soil amendment or plant amendment, the last person who
54 has the soil amendment or plant amendment registered or who has distributed a
1 soil amendment or plant amendment to a nonregistrant, dealer or consumer is
2 responsible for reporting the tonnage and paying the tonnage fee, unless the
3 report and payment is made by a prior distributor of the soil amendment or
4 plant amendment.
5 (5) A minimum tonnage fee shall be five dollars ($5.00) per reporting
7 (6) Records of the number of net tons or gallons of each soil amendment
8 or plant amendment so distributed in this state shall be maintained for a
9 period of five (5) years. The director shall have the right to examine such
10 records to verify the reported tonnage or gallonage of plant amendments and
11 soil amendments distributed in this state.
12 (7) Fees so collected shall be used for the payment of the costs of
13 inspection, sampling and analysis, and other expenses necessary for the admin-
14 istration of this act.
15 22-2209. TONNAGE REPORTS. (1) The registrant distributing or selling
16 soil amendments or plant amendments to a nonregistrant or consumer shall fur-
17 nish to the department a report showing the amounts in tons or gallons of each
18 registered brand of plant amendment and soil amendment, and the form in which
19 the plant amendment and soil amendment was distributed, dry or liquid. In the
20 case of soil amendments or plant amendments distributed to an intermediate
21 distributor, the registrant or distributor shall list the current name,
22 address, telephone number, and amount in tons or gallons of each soil amend-
23 ment and plant amendment product distributed to each intermediate distributor.
24 (2) Information furnished to the department under this section is exempt
25 from disclosure under section 9-340D(1) or (2), Idaho Code, if the disclosure
26 would divulge the operation of any person.
27 22-2210. INSPECTION, SAMPLING, ANALYSIS. (1) It shall be the duty of the
28 department to inspect, sample, analyze and test soil amendments or plant
29 amendments distributed within this state at such time and place and to such an
30 extent as it may deem necessary to determine whether such soil amendments or
31 plant amendments are in compliance with the provisions of this act. The
32 department is authorized to stop any commercial vehicle transporting soil
33 amendments or plant amendments on the public highways and direct it to the
34 nearest scales approved by the department to check weights of soil amendments
35 or plant amendments being delivered or take samples of the product being
36 transported. The department is also authorized, upon presentation of proper
37 identification, to enter any distributor's premises, including any vehicle of
38 transport, at all reasonable times in order to have access to soil amendments
39 or plant amendments and to records relating to their distribution.
40 (2) The methods of sampling and analysis shall be those adopted by the
41 department from officially recognized sources, such as, but not limited to,
42 the association of American plant food control officials (AAPFCO) and the
43 association of official analytical chemists, international (AOAC).
44 (3) The department, in determining for administrative purposes whether a
45 soil amendment or plant amendment is deficient in any component, shall be
46 guided solely by the official sample as defined in section 22-2203(21) and
47 obtained and analyzed as provided for in this section.
48 (4) When the inspection and analysis of an official sample has been made,
49 the department shall forward the results of analysis to the distributor and
50 manufacturer, and to the purchaser upon written request. Upon written request
51 and within thirty (30) days of the results of analysis, the department shall
52 furnish to the distributor and/or manufacturer a portion of the sample con-
1 (5) If the analyses of samples made by the department indicate deficien-
2 cies in the soil amendments or plant amendments examined, below guaranteed
3 analysis and in excess of the tolerances specified by rules promulgated under
4 this chapter, the department shall immediately notify the manufacturer and/or
5 distributor of such soil amendments or plant amendments of the results of the
6 analyses. The manufacturer or seller of such soil amendments or plant amend-
7 ments may, upon written request, obtain from the department a portion of the
8 sample(s) in question. If he fails to agree with the analyses of the depart-
9 ment, he may request an umpire who shall be one (1) of a list of not less than
10 three (3) public analysts of recognized ability by the department in soil
11 amendments or plant amendments or fertilizer analyses, who shall be named by
12 the department. Such umpire analyses shall be made at the expense of the manu-
13 facturer or seller requesting the same. If the umpire shall agree more closely
14 with the department, the figures of the department shall be considered cor-
15 rect. If the umpire shall agree more closely with the figures of the manufac-
16 turer or distributor, then the figures of the manufacturer or distributor
17 shall be considered correct.
18 (6) Analysis of an official sample by the department shall be accepted as
19 prima facie evidence by any court of competent jurisdiction.
20 22-2211. SHORT WEIGHT. If any soil amendment or plant amendment in the
21 possession of the consumer is found by the director to be short in weight, the
22 registrant of said soil amendment or plant amendment shall, within thirty (30)
23 days after official notification from the department, submit to the department
24 a penalty payment of three (3) times the value of the actual shortage.
25 22-2212. PENALTIES FOR DEFICIENT ANALYSIS. (1) If the analysis shall show
26 that any soil amendment or plant amendment falls short of the guaranteed anal-
27 ysis in any one (1) soil amending or plant amending ingredient or in total
28 soil amending or plant amending ingredients, a penalty shall be assessed in
29 favor of the department in accordance with the following provisions:
30 (a) A penalty of three (3) times the value of the deficiency if such
31 deficiency in any one (1) soil amending ingredient is more than:
32 (i) Twenty percent (20%) of the guarantee on any one (1) soil
33 amendment or plant amendment in which the soil amending or plant
34 amending ingredient is guaranteed up to and including twenty percent
36 (ii) Four percent (4%) under guarantee on any one (1) soil amendment
37 or plant amendment in which the soil amending or plant amending
38 ingredient is guaranteed twenty and one-tenth percent (20.1%) and
40 (b) A penalty of three (3) times the value of the total soil amending or
41 plant amending ingredient deficiency shall be assessed when such total
42 deficiency is more than two percent (2%) under the calculated total soil
43 amending or plant amending ingredient guarantee.
44 (c) When a soil amendment or plant amendment is subject to penalties
45 under both (a) and (b) above, only the larger penalty shall be assessed.
46 (2) All penalties assessed under this section shall be paid to the
47 department within ninety (90) days after the date of notice from the director
48 to the registrant. The department shall deposit the amount of the penalty into
49 the commercial feed and fertilizer fund, as stipulated in section 22-2220,
50 Idaho Code.
51 (3) Nothing contained in this section shall prevent any person from
52 appealing to a court of competent jurisdiction for a judgment as to the justi-
53 fication of such penalties imposed under subsections (1) and (2) of this sec-
2 (4) The penalties payable in subsections (1) and (2) of this section
3 shall in no manner be construed as limiting the consumer's right to bring a
4 civil action in damage against the registrant paying said civil penalties.
5 22-2213. ASSESSMENT OF PENALTIES. For the purpose of determining commer-
6 cial values to be applied under the provisions of this section, the director
7 shall determine from the registrant's sales invoice the values charged for the
8 plant amending or soil amending ingredients. If no invoice is available or if
9 the invoice fails to provide sufficient information, the director may use pre-
10 vailing market prices to determine values. The values so determined shall be
11 used in determining and assessing penalties.
12 22-2214. MISBRANDING. No person shall distribute a misbranded soil amend-
13 ment or plant amendment in this state. A soil amendment or plant amendment is
14 deemed to be misbranded if:
15 (1) Its labeling is false or misleading in any material respect; or
16 (2) It is distributed under the name or brand of another soil amendment
17 or plant amendment, unless such distribution is proper pursuant to section
18 22-2205, Idaho Code; or
19 (3) It is not labeled as required in section 22-2207, Idaho Code, and
20 according to the rules of the department under the provisions of this chapter,
21 which rules shall give due regard to the commonly accepted definitions and
22 terms such as those issued by the association of American plant food control
23 officials; or
24 (4) It purports to be or is represented as a soil amendment or plant
25 amendment, or is represented as containing a soil amendment or plant amend-
26 ment, unless such soil amendment or plant amendment conforms to the defini-
27 tions of identity, if any, prescribed by rules of the department. In adopting
28 such rules, the department shall give due regard to commonly accepted defini-
29 tions and official terms such as those issued by AAPFCO; or
30 (5) It does not conform to the ingredient form, minimums, labeling and
31 investigational allowances in the rules adopted by the department.
32 22-2215. ADULTERATION. No person shall distribute an adulterated soil or
33 plant amendment. A soil amendment or plant amendment is deemed to be adulter-
34 ated if:
35 (1) It contains any deleterious or harmful substance, or organism in suf-
36 ficient amount to render it injurious to beneficial plant life, animals,
37 humans, aquatic life, soil or water when applied in accordance with directions
38 for use on the label; or, if adequate warning statements and directions for
39 use, which may be necessary to protect plant life, animals, humans, aquatic
40 life, soil or water, are not shown upon the label; or
41 (2) Its composition falls below or differs from that which it is pur-
42 ported to possess by its labeling; or
43 (3) It contains any viable noxious weed seed as defined by the department
44 or U.S. federal government.
45 22-2216. PUBLICATION OF INFORMATION. The department shall publish at
46 least annually and in such form as it may deem proper: the total tonnage or
47 gallonage of soil amendments and plant amendments distributed; the number of
48 total official samples analyzed and the number of deficient official samples
49 analyzed; and any other information as the department may deem fit.
50 22-2217. STOP-SALE ORDERS. The director may issue and enforce a written
1 "stop-sale, use or removal" order to the manufacturer, distributor, owner or
2 custodian of any soil amendment or plant amendment, or any lot thereof, if he
3 determines that:
4 (1) A soil amendment or plant amendment is not properly registered or
5 whose registration has been revoked, under the provisions of this chapter;
6 (2) The proper tonnage fees or tonnage reports have not been submitted
7 to the department pursuant to section 22-2208 or 22-2209, Idaho Code; or
8 (3) A soil amendment or plant amendment is misbranded or adulterated.
9 Such order may require the person to whom it is directed to hold the soil
10 amendment or plant amendment, or lot thereof, which is the subject of the
11 order, at a designated place until the requirements of the provisions of this
12 chapter have been satisfied and all costs and expenses reasonably incurred by
13 the department in connection with the withdrawal have been paid by or on
14 behalf of the person to whom the order was directed.
15 22-2218. VIOLATIONS. It is unlawful for any person to:
16 (1) Distribute a misbranded soil amendment or plant amendment;
17 (2) Fail, refuse or neglect to place upon or attach to each container of
18 distributed soil amendment or plant amendment a label containing the informa-
19 tion required by this act;
20 (3) Fail, refuse or neglect to deliver to a purchaser of bulk soil amend-
21 ments or plant amendments, a statement containing the information required by
22 this act;
23 (4) Distribute a soil amendment or plant amendment which has not been
24 registered with the department;
25 (5) Distribute a soil amendment or plant amendment containing viable nox-
26 ious weed seeds, as specified in section 22-2215(3), Idaho Code;
27 (6) Distribute an adulterated soil amendment or plant amendment;
28 (7) Distribute a soil amendment or plant amendment weighing less than
29 that which it is purported to weigh;
30 (8) Distribute a soil amendment or plant amendment different from the
31 guaranteed analysis purported on the label;
32 (9) Fail or refuse to provide, keep or maintain records and information
33 as required by this act;
34 (10) Fail to cease distribution of a soil amendment or plant amendment
35 product under a stop-sale order as authorized under section 22-2217, Idaho
36 Code; or
37 (11) Fail to disclose to the director, when requested, sources of poten-
38 tially deleterious components, which components shall be established by rule.
39 22-2219. REMEDIES FOR VIOLATION. (1) Any person who willfully violates
40 the provisions of this chapter shall be guilty of a misdemeanor.
41 (2) Any person who violates or fails to comply with any provision of this
42 chapter or any rules promulgated hereunder may be assessed a civil penalty of
43 not more than ten thousand dollars ($10,000) for each offense and shall be
44 liable to the department for attorney's fees and costs reasonably incurred by
45 the department in connection with the violation.
46 (3) Assessment of a civil penalty as authorized in this section may be
47 made by the department in conjunction with any other administrative hearing in
48 compliance with the Idaho administrative procedure act. In all respects the
49 department's actions in assessment of a civil penalty shall comply with the
50 Idaho administrative procedure act and the individual against whom such civil
51 penalty is sought to be imposed shall have all rights, including rights of
52 appeal, set forth in such act.
1 22-2220. DISPOSITION OF FUNDS. All moneys received by the director from
2 the registration of various brands of soil amendments and plant amendments and
3 from the payment to him of moneys derived from the registration and inspection
4 fees charged on such soil amendments and plant amendments, and moneys col-
5 lected for a violation(s) of this chapter or rules promulgated thereunder
6 shall be paid into the state treasury and placed in a fund to be known as the
7 "Commercial Feed and Fertilizer Fund" and such moneys are hereby continuously
8 appropriated for the purpose of carrying out the provisions of this chapter.
9 22-2221. COOPERATION WITH OTHER GOVERNMENTAL AGENCIES. The director may
10 cooperate with and enter into agreements with other governmental agencies,
11 whether of this state, other states, or agencies of the federal government,
12 and with private associations, in order to carry out the purpose and provi-
13 sions of this chapter.
14 22-2222. NO EFFECT ON EXISTING LIABILITY. The enactment of this chapter
15 does not terminate or modify any civil or criminal liability which exists on
16 July 1, 2000.
17 22-2223. NOT APPLICABLE TO WHOLESALE TRANSACTIONS. Nothing in this chap-
18 ter shall be construed to restrict or preclude sales or exchanges of soil
19 amendments or plant amendments to each other by importers, manufacturers or
20 manipulators who mix soil amendment or plant amendment materials for sale or
21 as preventing the free and unrestricted shipments of soil amendments or plant
22 amendments to manufacturers or manipulators who have registered their products
23 as required by the provisions of this chapter.
24 22-2224. SEVERABILITY. If any clause, sentence, paragraph or part of this
25 act shall for any reason be judged invalid by any court of competent jurisdic-
26 tion, such judgment shall not affect, impair or invalidate the remainder
27 thereof, but shall be confined in its operation to the clause, sentence, para-
28 graph or part thereof directly involved in the controversy in which said judg-
29 ment has been rendered.
STATEMENT OF PURPOSE
Repeal Title 22, Chapter 22, Idaho Code, Soil and Plant Amendments in
its entirety and adopt the Uniform State Plant and Soil Amendments Bill as
recommended by the Association of American Plant Food Control Officials
(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 Soil and Plant Amendments; auditing of
Soil and Plant Amendments tonnage sold and reported by licensed dealers;
Provide for penalties for deficient analysis of Soil and Plant Amendments; Stop
Sale procedures for violations of the Soil and Plant Amendments Law and Rules;
and provide authority for ISDA to assess civil penalties for violations of the Soil
and Plant Amendments Law and Rules.
Fiscal impact to Dedicated Fund revenues is an estimated increase of $7,500 to
$10,000 for tonnage audits revenue.
Name: Dr. Roger R. Vega, Administrator
Mr. Michael E. Cooper, Bureau Chief
Idaho State Department of Agriculture
Phone: (208) 332-8620
STATEMENT OF PURPOSE/FISCAL NOTE H 558