Print Friendly HOUSE BILL NO. 432 – Commercial fertilizers, regulation
HOUSE BILL NO. 432
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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,
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
|||| 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
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
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
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-
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-
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-
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-
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;
34 (e) A label or labels meeting the requirements of section 22-607, Idaho
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-
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
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
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
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
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
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
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
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
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
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
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
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 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