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H0074...............................................by AGRICULTURAL AFFAIRS
SOIL AND PLANT AMENDMENT ACT - Repeals and adds to existing law to enact
the Soil and Plant Amendment Act of 2001; to provide for administration by
the Idaho Department of Agriculture; to require registration, labeling and
inspection of soil and plant amendments; to provide prohibited acts; to
provide for the payment of certain fees; and to provide for the assessment
of penalties.
01/19 House intro - 1st rdg - to printing
01/22 Rpt prt - to Agric Aff
02/15 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 61-4-5
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford,
Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis,
Ellsworth, Eskridge, Field(13), Field(20), Gagner, Hadley, Hammond,
Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell,
Lake, Langford, Mader, Marley, Meyer, Montgomery, Mortensen, Moss,
Moyle, Pearce, Pischner, Pomeroy, Raybould, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan,
Tilman, Trail, Wheeler, Young, Mr. Speaker
NAYS -- Barrett, Gould, McKague, Wood
Absent and excused -- Bruneel, Callister, Kunz, Loertscher, Ridinger
Floor Sponsor -- Lake
Title apvd - to Senate
02/20 Senate intro - 1st rdg - to Agric Aff
03/09 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/21 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lodge,
Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Lee
Floor Sponsor -- Noh
Title apvd - to House
03/22 To enrol - rpt enrol - Sp signed
03/23 Pres signed
03/26 To Governor
03/28 Governor signed
Session Law Chapter 250
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 74
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE DEPARTMENT OF AGRICULTURE; REPEALING CHAPTER 11, TITLE 22,
3 IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 426, LAWS OF 1990; REPEALING
4 SECTIONS 22-2203, 22-2204, 22-2205, 22-2206 AND 22-2213, IDAHO CODE; AND
5 AMENDING TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 22, TITLE
6 22, IDAHO CODE, GOVERNING SOIL AND PLANT AMENDMENTS, TO PROVIDE A TITLE,
7 TO PROVIDE FOR ADMINISTRATION BY THE DEPARTMENT OF AGRICULTURE, TO PROVIDE
8 DEFINITIONS, TO PROVIDE FOR ADOPTION OF RULES, TO PROVIDE FOR REGISTRATION
9 OF PRODUCTS, TO PROVIDE FOR SUBMISSION OF FORMULAS, TO REQUIRE LABELS
10 WITH CERTAIN INFORMATION, TO REQUIRE PAYMENT OF TONNAGE FEES, TO REQUIRE
11 TONNAGE REPORTS, TO PROVIDE FOR INSPECTION, SAMPLING AND ANALYSIS, TO PRO-
12 VIDE A PENALTY FOR SHORT WEIGHTS, TO PROVIDE PENALTIES FOR DEFICIENT ANAL-
13 YSIS, TO PROVIDE FOR ASSESSMENT OF PENALTIES, TO PROHIBIT MISBRANDING, TO
14 PROHIBIT ADULTERATION, TO PROVIDE FOR PUBLICATION OF INFORMATION, TO PRO-
15 VIDE FOR ISSUANCE AND ENFORCEMENT OF STOP-SALE ORDERS, TO PROVIDE VIOLA-
16 TIONS, TO PROVIDE REMEDIES FOR VIOLATIONS, TO PROVIDE FOR DISPOSITION OF
17 MONEYS RECEIVED, TO PROVIDE FOR COOPERATION WITH OTHER GOVERNMENT AGEN-
18 CIES, TO PROVIDE THAT ENACTMENT DOES NOT AFFECT EXISTING LIABILITY, TO
19 PROVIDE THAT THE CHAPTER DOES NOT APPLY TO WHOLESALE TRANSACTIONS, TO PRO-
20 VIDE SEVERABILITY AND TO PROVIDE FOR STATEMENTS OF UNIFORM INTERPRETATION
21 AND POLICY.
22 Be It Enacted by the Legislature of the State of Idaho:
23 SECTION 1. That Chapter 11, Title 22, Idaho Code, as added by Section 1,
24 Chapter 426, Laws of 1990, be, and the same is hereby repealed.
25 SECTION 2. That Sections 22-2203, 22-2204, 22-2205, 22-2206 and 22-2213,
26 Idaho Code, be, and the same are hereby repealed.
27 SECTION 3. That Title 22, Idaho Code, be, and the same is hereby amended
28 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
29 ter 22, Title 22, Idaho Code, and to read as follows:
30 CHAPTER 22
31 SOIL AND PLANT AMENDMENTS
32 22-2201. SHORT TITLE. This act may be known and cited as the "Soil and
33 Plant Amendment Act of 2001."
34 22-2202. ADMINISTRATION. This chapter shall be administered by the Idaho
35 department of agriculture.
36 22-2203. DEFINITIONS. As used in this chapter:
37 (1) "Aged" means exposed to weathering and/or natural decay, such that
38 the original material is significantly altered.
2
1 (2) "Biosolid(s)" means a primary organic solid material produced by
2 wastewater treatment processes that can be beneficially recycled for its plant
3 nutrient content and soil amending characteristics, as regulated under the
4 code of federal regulations, 40 CFR 503, as amended.
5 (3) "Brand" means the term, designation, trademark, product name or other
6 specific designation under which individual soil amendments or plant amend-
7 ments are offered for sale.
8 (4) "Bulk" means in nonpackaged form or in packages of one (1) cubic yard
9 or more.
10 (5) "Bulk density" means dry weight per unit of volume.
11 (6) "Compost" means a biologically stable material derived from the
12 composting process.
13 (7) "Composting" means the biological decomposition of organic matter.
14 It is accomplished by mixing and piling in such a way to promote aerobic
15 and/or anaerobic decay. The process inhibits pathogens, viable weed seeds and
16 odors.
17 (8) "Coproduct" means a chemical substance produced for a commercial pur-
18 pose during the manufacture, processing, use or disposal of another chemical
19 substance or mixture.
20 (9) "Customer formula mix" means a soil amendment or plant amendment
21 which is prepared to the specifications of the final purchaser.
22 (10) "Deficiency" means the amount of ingredient found by analysis to be
23 less than that guaranteed, which may result from a lack of ingredients or
24 lack of uniformity.
25 (11) "Department" means the Idaho department of agriculture.
26 (12) "Director" means the director of the Idaho department of agriculture
27 or his duly authorized representative.
28 (13) "Distribute" means to import, consign, manufacture, produce, com-
29 pound, mix, or blend soil amendments or plant amendments, or to offer for
30 sale, sell, barter or otherwise supply soil amendments and plant amendments in
31 this state.
32 (14) "Distributor" means any person who distributes.
33 (15) "Horticultural growing media" means any substance or mixture of sub-
34 stances which is promoted as or is intended to function as a growing medium
35 for the managed growth of horticultural crops in containers and shall be con-
36 sidered a plant amendment for the purposes of this chapter.
37 (16) "Investigational allowance" means an allowance for variations inher-
38 ent in the taking, preparation and analysis of an official sample of soil
39 amendments or plant amendments.
40 (17) "Label" means the display of all written, printed or graphic matter
41 upon the immediate container or statement accompanying a soil amendment or
42 plant amendment.
43 (18) "Labeling" means all written, printed or graphic matter, upon or
44 accompanying any soil amendment or plant amendment, or advertisements, bro-
45 chures, posters, or television or radio announcements used in promoting the
46 sale of the soil amendment or plant amendment.
47 (19) "Manipulation" means actively processed or treated in any manner.
48 (20) "Manufacture" means to compound, produce, granulate, mix, blend,
49 repackage or otherwise alter the composition of soil amendment or plant amend-
50 ment materials.
51 (21) "Micronutrients" means boron (B); chlorine (Cl); cobalt (Co); copper
52 (Cu); iron (Fe); manganese (Mn); molybdenum (Mo); sodium (Na); and zinc (Zn).
53 (22) "Minimum percentage" means that percent of plant or soil amending
54 ingredient that must be present in a product before the product will be
55 accepted for registration when mentioned in any form or manner.
3
1 (23) "Mulch" means any organic or inorganic soil surface cover used to
2 help retain moisture longer in the soil by retarding evaporation, to discour-
3 age weed growth, to help maintain a constant temperature by insulating the
4 soil, to discourage runoff and soil erosion by shielding the soil surface
5 from water abrasion or to promote water absorption and retention.
6 (24) "Official sample" means any sample of soil amendment or plant amend-
7 ment taken by the director or his agent.
8 (25) "Organic" refers only to naturally occurring substances generally
9 recognized as the hydrogen compounds of carbon and their derivatives.
10 (26) "Organic waste-derived material" means grass clippings, leaves,
11 weeds, bark, plantings, prunings, and other vegetative wastes, wood wastes
12 from logging and milling operations and food wastes. "Organic waste-derived
13 material" does not include products that contain biosolids as defined in sub-
14 section (2) of this section.
15 (27) "Other ingredients" means the nonsoil amending or nonplant amending
16 ingredients present in soil amendments or plant amendments.
17 (28) "Percent" or "percentage" means by weight.
18 (29) "Person" means individual, partnership, association, firm or corpora-
19 tion.
20 (30) "Plant amendment" means any natural or synthetic substance applied to
21 plants or seeds which is intended to improve germination, growth, yield, prod-
22 uct quality, reproduction, flavor or other desirable characteristics of plants
23 except commercial fertilizers, soil amendments, limes, unmanipulated animal
24 manure and vegetable organic waste-derived materials, pesticides, mulch and
25 other materials which may be exempted by rule.
26 (31) "Processed" means deliberately treated or manipulated to modify or
27 transform physical, chemical, or biological characteristics of the natural
28 state of a substance.
29 (32) "Raw" means in the natural state, and not prepared, modified, proc-
30 essed or manipulated for use.
31 (33) "Registrant" means the person(s) who registers soil amendments or
32 plant amendments under this chapter.
33 (34) "Soil amendment" means:
34 (a) Any substance which is intended to improve the physical, chemical or
35 biological characteristics of the soil to favor plant growth; or
36 (b) Any material which is represented as having a primary function of
37 enhancing, changing or modifying soil microorganism reproduction, activity
38 or population, or material which is represented as having the primary
39 function of forming or stabilizing soil aggregates in soil to which it is
40 to be applied and thereby improving the resistance of the soil to the
41 slaking action of water, increasing the soil's water and air permeability
42 or infiltration, improving the resistance of the surface of the soil to
43 crusting, improving ease of cultivation of soil, or otherwise favorably
44 modifying the structural or physical properties of soil; and
45 (c) "Soil amendment" does not include commercial fertilizers, plant
46 amendments, limes, gypsum, unmanipulated animal manures and vegetable
47 organic waste-derived materials, pesticides, mulch and other material
48 which may be exempted by rule of the department.
49 (35) "Ton" means a net weight of two thousand (2,000) pounds avoirdupois.
50 (36) "Verification of label claims" means explanatory information describ-
51 ing how the registrant determined the truthfulness and accuracy of the regis-
52 trant's words or statements describing the product according to recognized
53 standards.
54 (37) "Waste-derived soil amendment" or "waste-derived plant amendment"
55 means any soil amendment or plant amendment that is derived from an industrial
4
1 byproduct, coproduct or other material that would otherwise be disposed of if
2 a market for reuse were not an option, but does not include any soil amendment
3 or plant amendment derived from biosolids or biosolid products regulated under
4 the code of federal regulations, 40 CFR 503, as amended.
5 (38) "Weight" means the weight of material as offered for sale.
6 (39) "Wood" means the hard fibrous material located beneath the bark of
7 trees, which constitutes the greatest part of the stems of trees and shrubs.
8 When not specifically stated in this section or otherwise designated by
9 the department in rule, the department will be guided by the definitions of
10 general terms, fertilizer materials and soil and plant amendment materials as
11 set forth in the Official Publication of the Association of American Plant
12 Food Control Officials (AAPFCO), or the Merck Index, published by Merck & Co.,
13 Inc.
14 22-2204. AUTHORITY TO ADOPT RULES. The department shall administer,
15 enforce, and carry out this chapter and may adopt rules necessary to carry out
16 its purposes including, but not limited to, the proper use, handling, trans-
17 portation, storage, display, distribution, sampling, records, analysis, form,
18 minimum percentages, soil amending or plant amending ingredients, exempted
19 materials, investigational allowances, definitions, labels, labeling, mis-
20 branding, mislabeling and disposal of soil amendments and plant amendments and
21 their containers. The adoption of rules shall be subject to public hearing as
22 prescribed by the Idaho administrative procedure act, chapter 52, title 67,
23 Idaho Code.
24 22-2205. PRODUCTS -- REGISTRATION REQUIRED. (1) Each separately identifi-
25 able soil amendment or plant amendment product shall be registered before
26 being distributed in this state. The application for registration shall be
27 submitted to the department on a form furnished by the department, and shall
28 be accompanied by a nonrefundable fee of one hundred dollars ($100) per prod-
29 uct and a label of each product, unless a current label is on file at the
30 department. Companies planning to mix customer formula soil amendments or
31 plant amendments shall include the statement "customer formula mixes" under
32 the "products" column on the registration application form. Upon approval by
33 the department, a certificate of registration shall be furnished to the appli-
34 cant.
35 (2) In determining whether a label statement of an ingredient is appro-
36 priate, the department may require the submission of a written statement
37 describing the method of laboratory analysis used, the source of all ingredi-
38 ent material and any reference material relied on to support the label state-
39 ment or guarantee of the ingredients.
40 (3) Upon receipt of a complete application for registration of a product,
41 the department may test and analyze an official sample of the product to
42 determine whether the contents of the official sample conform to the label. In
43 his discretion, the director may also require an applicant for registration of
44 a soil amendment or a plant amendment to submit any data concerning the effi-
45 cacy or safety of the product for its intended use.
46 (4) Refusal to register, denial, suspension.
47 (a) If it appears to the director that composition of the soil amendment
48 or plant amendment does not warrant the proposed claims for it, or if the
49 soil amendment or plant amendment and its labeling or other material
50 required to be submitted do not comply with this chapter or rules adopted
51 under this chapter, the director shall notify the applicant of the manner
52 in which the soil amendment or plant amendment labeling or other material
53 required to be submitted fails to comply with this chapter so as to give
5
1 the applicant an opportunity to make the necessary corrections. If the
2 applicant does not make the required changes within ninety (90) days from
3 the receipt of the notice, the director may refuse to register the soil
4 amendment or plant amendment. The applicant may request a hearing as pro-
5 vided in the administrative procedure act, chapter 52, title 67, Idaho
6 Code.
7 (b) When the director determines that a soil amendment or plant amendment
8 or its labeling does not comply with this chapter or rules adopted under
9 this chapter, or when necessary to prevent unreasonable adverse effects on
10 the environment, the director may refuse to register or may suspend,
11 revoke or modify the registration of the soil amendment or plant amendment
12 in accordance with the provisions of the administrative procedure act,
13 chapter 52, title 67, Idaho Code.
14 (5) Registrations are effective through the last day of the calendar year
15 in which they are issued. If a registration is being renewed, the director may
16 suspend the requirement that a soil amendment or plant amendment be analyzed
17 if there is no material change in the label for the product.
18 (6) If the application for renewal of the soil amendment or plant amend-
19 ment registration provided for in this section is not submitted before Febru-
20 ary 1 of any one (1) year, a penalty of ten dollars ($10.00) per product shall
21 be assessed and added to the original fee. The applicant shall pay the pen-
22 alty before the renewal soil amendment or plant amendment registration may be
23 issued.
24 (7) Any waste-derived soil amendment or waste-derived plant amendment
25 distributed as a single ingredient product or blended with other soil amend-
26 ments or plant amendment ingredients must be identified as "waste-derived soil
27 amendment or plant amendment" by the applicant in the application for regis-
28 tration.
29 (8) An applicant applying to register a waste-derived soil amendment or
30 plant amendment shall state in the application the concentration of metals or
31 metalloids including, but not limited to, arsenic (As), cadmium (Cd), mercury
32 (Hg), lead (Pb), and selenium (Se). The applicant shall provide a laboratory
33 report or other documentation verifying the levels of the metals or metalloids
34 in the waste-derived soil amendment or plant amendment.
35 (9) A distributor is not required to register a soil amendment or plant
36 amendment product that is already registered under this chapter, so long as
37 the label remains unchanged.
38 22-2206. SUBMISSION OF FORMULAS. The department may require submission of
39 the complete formula of any soil amendment or plant amendment and the
40 source(s) of all ingredients if it is deemed necessary for the registration of
41 any soil amendment or plant amendment product or administration of this chap-
42 ter. Any formula so submitted is exempt from disclosure to the public pursuant
43 to section 9-340D(1) or (2), Idaho Code.
44 22-2207. LABELING INFORMATION REQUIRED. (1) Soil amendment or plant
45 amendment labels. The following information shall be considered the label and
46 shall appear in a readable and conspicuous form on the face or display side of
47 any container, or on the invoice if delivered in bulk, in which soil amend-
48 ments or plant amendments are offered for sale:
49 (a) Net weight or volume;
50 (b) Brand name;
51 (c) Content or guaranteed analysis; soil amending or plant amending
52 ingredients:
53 "Name of ingredient" ......... %
6
1 (identify and list all)
2 Total other ingredients ...... %
3 (d) Purpose of product;
4 (e) Directions for application;
5 (f) Name and mailing address of the registrant.
6 (g) Other information required by rule for the type of product being reg-
7 istered.
8 (2) No information or statement shall appear on any package, label or
9 labeling which is false or misleading to the purchaser as to the use, analy-
10 sis, type or composition of the soil amendment or plant amendment.
11 (3) The director may require verification of label claims made for any
12 soil amendment or plant amendment. If no claims are made he may require proof
13 of usefulness and value of the soil amendment or plant amendment. For evidence
14 of proof, the director may rely on experimental data, evaluations or advice
15 supplied from sources such as the director of the agricultural experiment sta-
16 tion. The verification of label claims shall be relevant to the stated uses
17 for which the product is intended. The director may accept or reject other
18 sources of proof as additional evidence in evaluating soil amendments and
19 plant amendments.
20 (4) Soil amending or plant amending ingredients may be listed or guaran-
21 teed on labels or labeling of soil amendments or plant amendments with the
22 permission of the director. The director may allow a soil amending or plant
23 amending ingredient to be listed or guaranteed on the label or labeling if
24 satisfactory supportive data is provided to the director to substantiate the
25 value and usefulness of the soil amending or plant amending ingredient. The
26 director may rely on outside sources such as the director of the agricultural
27 experiment station for assistance in evaluating the data submitted. When a
28 soil amending or plant amending ingredient is permitted to be listed or guar-
29 anteed, it must be determinable by laboratory methods and is subject to
30 inspection and analysis. The director may prescribe methods and procedures of
31 inspection and analysis of the soil amending and plant amending ingredient.
32 The director may stipulate by rule the quantities of soil amending or plant
33 amending ingredient(s) required in a soil amendment or plant amendment.
34 (5) The director may allow labeling by volume rather than weight as pro-
35 vided in subsection (1)(a) of this section.
36 (6) Each delivery of a customer formula mix soil amendment or a plant
37 amendment shall contain those ingredients specified by the purchaser, and
38 those ingredients and the amounts of each shall be shown on the statement or
39 invoice. A record of all invoices of customer formula mixes shall be kept by
40 the registrant for a period of one (1) year and shall be available to the
41 department upon request.
42 (7) Each delivery of a customer formula mix soil amendment or a plant
43 amendment shall be accompanied by either a statement, invoice, delivery slip
44 or label, containing the following information:
45 (a) Net weight or volume;
46 (b) The brand;
47 (c) The name and address of the registrant or manufacturer, or both;
48 (d) The name and address of the purchaser; and
49 (e) The soil amending or plant amending ingredients and amounts.
50 22-2208. TONNAGE FEE. (1) The registrant of soil amendments or plant
51 amendments distributed for sale or other remuneration in this state shall pay
52 to the department a tonnage fee of fifteen cents (15) per ton, on a dry
53 weight basis. For liquid formulations or ingredients, the tonnage fee shall be
54 based on weight per gallon basis.
7
1 (2) Semiannual tonnage fee reporting periods shall be January 1 to June
2 30 and July 1 to December 31 of each year.
3 (3) Every registrant who distributes soil amendments or plant amendments
4 in the state shall file with the department a semiannual statement for the
5 reporting period setting forth the number of net tons of each soil amendment
6 or plant amendment distributed in this state during the reporting period. The
7 statement is due on or before thirty (30) days following the close of the fil-
8 ing period and upon filing the statement the registrant shall pay the tonnage
9 fee at the rate stated in this section. If the tonnage report is not filed
10 and the tonnage fees are not paid within thirty (30) days after the end of the
11 specified filing period, a collection fee of ten percent (10%) of the amount
12 due, or twenty-five dollars ($25.00), whichever is greater, shall be assessed
13 against the registrant and added to the amount due.
14 (4) The registrant is ultimately responsible for paying tonnage fees.
15 When more than one (1) person is involved in the distribution of a soil amend-
16 ment or plant amendment, the last person who has the soil amendment or plant
17 amendment registered or who has distributed a soil amendment or plant amend-
18 ment to a nonregistrant, dealer or consumer is responsible for reporting the
19 tonnage and paying the tonnage fee, unless the report and payment are made by
20 a prior distributor of the soil amendment or plant amendment.
21 (5) A minimum tonnage fee shall be five dollars ($5.00) per reporting
22 period.
23 (6) Records of the number of net tons of each soil amendment or plant
24 amendment distributed in this state shall be maintained for a period of five
25 (5) years. The director may examine the records to verify the reported ton-
26 nage of plant amendments and soil amendments distributed in this state.
27 (7) Collected tonnage fees shall be used to pay the costs of inspection,
28 sampling and analysis, and other expenses necessary for the administration of
29 this chapter.
30 22-2209. TONNAGE REPORTS -- REQUIRED. (1) The registrant distributing or
31 selling soil amendments or plant amendments to a nonregistrant or consumer
32 shall furnish to the department a report showing the amounts in tons of each
33 registered brand of plant amendment and soil amendment, and the form in which
34 the plant amendment and soil amendment was distributed, dry or liquid. In the
35 case of soil amendments or plant amendments distributed to an intermediate
36 distributor, the registrant or distributor shall list the current name,
37 address, telephone number, and amount in tons of each soil amendment and plant
38 amendment product distributed to each intermediate distributor.
39 (2) Information furnished to the department under this section is exempt
40 from disclosure under section 9-340D(1) or (2), Idaho Code, if the disclosure
41 would divulge the operation of any person.
42 22-2210. INSPECTION -- SAMPLING -- ANALYSIS. (1) The department shall
43 inspect, sample, analyze and test soil amendments or plant amendments distrib-
44 uted within this state at a time and place and to an extent as it deems neces-
45 sary to determine whether the soil amendments or plant amendments comply with
46 this chapter. The department may stop any commercial vehicle transporting soil
47 amendments or plant amendments on the public highways and direct it to the
48 nearest scales approved by the department to check weights of soil amendments
49 or plant amendments being delivered or to take samples of the product being
50 transported. Also, the department may, upon presentation of proper identifica-
51 tion, enter any distributor's premises, including any vehicle of transport, at
52 all reasonable times in order to have access to soil amendments or plant
53 amendments and to records relating to their distribution.
8
1 (2) The methods of sampling and analysis shall be those adopted by the
2 department from officially recognized sources, such as, but not limited to,
3 the association of American plant food control officials (AAPFCO) and the
4 association of official analytical chemists, international (AOAC).
5 (3) In determining for administrative purposes whether a soil amendment
6 or plant amendment is deficient in any component, the department shall be
7 guided solely by the official sample as defined in section 22-2203(24), Idaho
8 Code, and obtained and analyzed as provided for in this section.
9 (4) When the inspection and analysis of an official sample has been made,
10 the department shall forward the results of the analysis to the distributor
11 and manufacturer, and to the purchaser upon written request. Upon written
12 request and within thirty (30) days of the results of analysis, the department
13 shall furnish to the distributor and/or manufacturer a portion of the sample
14 concerned.
15 (5) If the analyses of samples made by the department indicate deficien-
16 cies in the soil amendments or plant amendments examined, below guaranteed
17 analysis and in excess of the tolerances specified in rules adopted under this
18 chapter, the department shall immediately notify the manufacturer and/or dis-
19 tributor of the soil amendments or plant amendments of the results of the
20 analyses. The manufacturer or distributor of the soil amendments or plant
21 amendments may, upon written request, obtain from the department a portion of
22 the sample(s) in question. If the manufacturer or distributor does not agree
23 with the analyses of the department, he may request an umpire who shall be one
24 (1) of a list of not less than three (3) public analysts recognized by the
25 department to have the requisite ability in soil amendments, plant amendments
26 or fertilizer analyses, who shall be named by the department. The umpire
27 analyses shall be made at the expense of the manufacturer or distributor
28 requesting the umpire analyses. If the umpire agrees more closely with the
29 department, the figures of the department shall be considered correct. If the
30 umpire agrees more closely with the figures of the manufacturer or distribu-
31 tor, then the figures of the manufacturer or distributor shall be considered
32 correct.
33 (6) Analysis of an official sample by the department shall be accepted as
34 prima facie evidence by any court of competent jurisdiction.
35 22-2211. SHORT WEIGHT -- PENALTY. If any soil amendment or plant amend-
36 ment in the possession of the consumer is found by the director to be short in
37 weight, the registrant of the soil amendment or plant amendment shall, within
38 thirty (30) days after official notification from the department, submit to
39 the department a penalty payment of three (3) times the value of the actual
40 shortage.
41 22-2212. PENALTIES FOR DEFICIENT ANALYSIS. (1) If the analysis shows that
42 any soil amendment or plant amendment falls short of the guaranteed analysis
43 in any one (1) soil amending or plant amending ingredient or in total soil
44 amending or plant amending ingredients, a penalty shall be assessed in favor
45 of the department as follows:
46 (a) A penalty of three (3) times the value of the deficiency if the defi-
47 ciency in any one (1) soil amending ingredient is more than:
48 (i) Twenty percent (20%) of the guarantee on any one (1) soil
49 amendment or plant amendment in which the soil amending or plant
50 amending ingredient is guaranteed up to and including twenty percent
51 (20%).
52 (ii) Four percent (4%) under guarantee on any one (1) soil amendment
53 or plant amendment in which the soil amending or plant amending
9
1 ingredient is guaranteed twenty and one-tenth percent (20.1%) and
2 above.
3 (b) A penalty of three (3) times the value of the total soil amending or
4 plant amending ingredient deficiency shall be assessed when the total
5 deficiency is more than two percent (2%) under the calculated total soil
6 amending or plant amending ingredient guarantee.
7 (c) When a soil amendment or plant amendment is subject to penalties
8 under both (a) and (b) above, only the larger penalty shall be assessed.
9 (2) All penalties assessed under this section shall be paid to the
10 department within ninety (90) days after the date of notice from the director
11 to the registrant. The department shall deposit the amount of the penalty into
12 the commercial feed and fertilizer fund, as stipulated in section 22-2220,
13 Idaho Code.
14 (3) Nothing contained in this section shall prevent any person from
15 appealing to a court of competent jurisdiction for a judgment as to the justi-
16 fication for penalties imposed under subsection (1) of this section.
17 (4) The penalties payable in subsection (1) of this section do not limit
18 the consumer's right to bring a civil action in damage against the registrant
19 paying the civil penalties.
20 22-2213. ASSESSMENT OF PENALTIES. For the purpose of determining commer-
21 cial values to be applied under this section, the director shall determine
22 from the registrant's sales invoice the values charged for the plant amending
23 or soil amending ingredients. If no invoice is available or if the invoice
24 fails to provide sufficient information, the director may use prevailing mar-
25 ket prices to determine values. The values so determined shall be used in
26 determining and assessing penalties.
27 22-2214. MISBRANDING. No person shall distribute a misbranded soil amend-
28 ment or plant amendment in this state. A soil amendment or plant amendment is
29 deemed to be misbranded if:
30 (1) Its labeling is false or misleading in any material respect; or
31 (2) It is distributed under the name or brand of another soil amendment
32 or plant amendment, unless the distribution is proper under section 22-2205,
33 Idaho Code; or
34 (3) It is not labeled as required in section 22-2207, Idaho Code, and
35 according to the rules of the department adopted under this chapter. The
36 rules shall give due regard to the commonly accepted definitions and terms, as
37 stated or provided in section 22-2203, Idaho Code; or
38 (4) It purports to be or is represented as a soil amendment or plant
39 amendment, or is represented as containing a soil amendment or plant amend-
40 ment, unless the soil amendment or plant amendment conforms to the definitions
41 of identity, if any, prescribed by rules of the department. In adopting the
42 rules, the department shall give due regard to commonly accepted definitions
43 and official terms, as stated or provided in section 22-2203, Idaho Code; or
44 (5) It does not conform to the ingredient form, minimums, labeling and
45 investigational allowances in the rules adopted by the department.
46 22-2215. ADULTERATION. No person shall distribute an adulterated soil or
47 plant amendment. A soil amendment or plant amendment is deemed to be adulter-
48 ated if:
49 (1) It contains any deleterious or harmful substance, or organism in suf-
50 ficient amount to render it injurious to beneficial plant life, animals,
51 humans, aquatic life, soil or water when applied in accordance with directions
52 for use on the label; or, if adequate warning statements and directions for
10
1 use, which may be necessary to protect plant life, animals, humans, aquatic
2 life, soil or water, are not shown on the label; or
3 (2) Its composition falls below or differs from that which it is pur-
4 ported to possess by its labeling; or
5 (3) It contains unwanted crop seed or weed seed.
6 22-2216. PUBLICATION OF INFORMATION. The department shall publish the
7 following information at least annually and in a form it deems proper: the
8 total tonnage of soil amendments and plant amendments distributed; the total
9 number of official samples analyzed and the number of deficient official sam-
10 ples analyzed; and any other information the department deems fit.
11 22-2217. STOP-SALE ORDERS. The director may issue and enforce a written
12 "stop-sale, use or removal" order to the manufacturer, distributor, owner or
13 custodian of any soil amendment or plant amendment, or any lot thereof, if he
14 determines that:
15 (1) A soil amendment or plant amendment is not properly registered or
16 whose registration has been revoked under this chapter;
17 (2) The proper tonnage fees or tonnage reports have not been submitted to
18 the department pursuant to section 22-2208 or 22-2209, Idaho Code; or
19 (3) A soil amendment or plant amendment is misbranded or adulterated.
20 The order may require the person to whom it is directed to hold the soil
21 amendment or plant amendment, or lot thereof, which is the subject of the
22 order, at a designated place until the requirements of this chapter are satis-
23 fied and all costs and expenses reasonably incurred by the department in con-
24 nection with the withdrawal are paid by or on behalf of the person to whom the
25 order was directed.
26 22-2218. VIOLATIONS. It is unlawful to:
27 (1) Distribute a misbranded soil amendment or plant amendment;
28 (2) Fail, refuse or neglect to place upon or attach to each container of
29 distributed soil amendment or plant amendment a label containing the informa-
30 tion required by this chapter;
31 (3) Fail, refuse or neglect to deliver to a purchaser of bulk soil amend-
32 ments or plant amendments, a statement containing the information required by
33 this chapter;
34 (4) Distribute a soil amendment or plant amendment which has not been
35 registered with the department;
36 (5) Distribute a soil amendment or plant amendment containing viable nox-
37 ious weed seeds, as specified in section 22-2215(3), Idaho Code;
38 (6) Distribute an adulterated soil amendment or plant amendment;
39 (7) Distribute a soil amendment or plant amendment weighing less than
40 that which it is purported to weigh;
41 (8) Distribute a soil amendment or plant amendment different from the
42 guaranteed analysis purported on the label;
43 (9) Fail or refuse to provide, keep or maintain records and information
44 as required by this chapter;
45 (10) Fail to stop distribution of a soil amendment or plant amendment
46 product under a stop-sale order as authorized under section 22-2217, Idaho
47 Code; or
48 (11) Fail to disclose to the director, when requested, sources of poten-
49 tially deleterious components, which components shall be established by rule.
50 22-2219. REMEDIES FOR VIOLATION. (1) A person convicted of violating this
51 chapter or the rules adopted under this chapter or who impedes, obstructs,
11
1 hinders or otherwise prevents or attempts to prevent the director or a duly
2 authorized agent from the performance of his duty in connection with this
3 chapter, is guilty of a misdemeanor and shall be fined not more than five hun-
4 dred dollars ($500) for the first violation and not more than one thousand
5 five hundred dollars ($1,500) for a subsequent violation. In all prosecutions
6 under this chapter involving the composition of a lot of a commercial soil and
7 plant amendment product, a certified copy of the official analysis signed by
8 the director or his duly authorized agent shall be accepted as prima facie
9 evidence of the composition.
10 (2) A person who violates or fails to comply with this chapter or any
11 rules adopted under this chapter may be assessed a civil penalty by the
12 department or its duly authorized agent of not more than ten thousand dollars
13 ($10,000) for each offense and shall be liable to the department for reason-
14 able attorney's fees. The department may assess a civil penalty in conjunc-
15 tion with any other department administrative action. No civil penalty may be
16 assessed unless the person charged was given notice and opportunity for a
17 hearing under the Idaho administrative procedure act, chapter 52, title 67,
18 Idaho Code. If the director is unable to collect the penalty or if a person
19 fails to pay all or a set portion of the civil penalty as determined by the
20 department, the department may recover the amount in an action in the appro-
21 priate district court. A person against whom the director has assessed a civil
22 penalty under this section may, within thirty (30) days of the final action by
23 the agency making the assessment, appeal the assessment to the district court
24 of the county in which the violation is alleged by the department to have
25 occurred.
26 (3) Nothing in this chapter requires the director or a duly authorized
27 representative to report minor violations of this chapter for prosecution, or
28 for the institution of seizure proceedings, when the director believes that
29 the public interest will be best served by a suitable notice of warning in
30 writing.
31 (4) A prosecuting attorney to whom any violation is reported shall, with-
32 out delay, cause appropriate proceedings to be instituted and prosecuted in a
33 court of competent jurisdiction. Before the director reports a violation for
34 prosecution by a prosecuting attorney, the director shall give the person
35 charged with the violation an opportunity to present his view to the director.
36 (5) The director may apply for and the court is authorized to grant a
37 temporary or permanent injunction restraining any person from violating or
38 continuing to violate this chapter or any rule adopter under this chapter not-
39 withstanding the existence of other remedies of law. An injunction shall be
40 issued without bond.
41 22-2220. DISPOSITION OF MONEYS. All moneys received by the director from
42 the registration of soil amendments and plant amendments and from the payment
43 of moneys derived from the registration and inspection fees charged on soil
44 amendments and plant amendments, and moneys collected for violations of this
45 chapter or rules adopted under this chapter, shall be paid into the state
46 treasury and placed in a fund to be known as the "Commercial Feed and Fertil-
47 izer Fund." Moneys in the fund shall be used to carry out the purposes of this
48 chapter.
49 22-2221. COOPERATION WITH OTHER GOVERNMENT AGENCIES. The director may
50 cooperate with and enter into agreements with other government agencies,
51 whether of this state, other states, or agencies of the federal government,
52 and with private associations, in order to carry out the purposes of this
53 chapter.
12
1 22-2222. NO EFFECT ON EXISTING LIABILITY. The enactment of this chapter
2 does not terminate or modify any civil or criminal liability which exists on
3 July 1, 2001.
4 22-2223. NOT APPLICABLE TO WHOLESALE TRANSACTIONS. This chapter does not
5 restrict or preclude sales or exchanges of soil amendments or plant amendments
6 to each other by importers, manufacturers or manipulators who mix soil amend-
7 ment or plant amendment materials for sale or prevent the free and unre-
8 stricted shipments of soil amendments or plant amendments to manufacturers or
9 manipulators who have registered their products as required in this chapter.
10 22-2224. SEVERABILITY. If any provision of this chapter or its applica-
11 tion to any person or circumstance is held invalid, the invalidity does not
12 effect other provisions or applications of this chapter which can be given
13 effect without the invalid provision or application, and to this end the pro-
14 visions of this chapter are severable.
15 22-2225. STATEMENT OF UNIFORM INTERPRETATION AND POLICY. When not other-
16 wise stated in this chapter or rules adopted under this chapter, the state-
17 ments of uniform interpretation and policy as adopted in the annual publica-
18 tion of the American plant food control officials shall guide the department
19 when making the decisions in the areas covered by AAPFCO statements of uniform
20 interpretation and policy.
STATEMENT OF PURPOSE
RS 10492
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; penalties for deficient analysis of Soil and Plant
Amendments; Stop Sale procedures for violations of the Soil and Plant
Amendments Law and Rules; authority for ISDA to assess civil penalties
for violations of the Soil and Plant Amendments Law and Rules; raise
product registration fees from $25 to $100 per product; and lower
tonnage fees from $0.40 to $0.15 per ton.
FISCAL IMPACT
Fiscal impact to Dedicated Fund revenues is an estimated increase of
$7,500 to $10,000 due to tonnage audit revenue and an estimated $4,000
to $6,000 in added registration and tonnage fees. Tonnage and
registration fees were adjusted to provide a more equitable tonnage fee
without a major impact on the over-all budget.
CONTACT
Name: Dr. Roger R. Vega, Administrator
Mr. Michael E. Cooper, Bureau Chief
Agency: Idaho State Department of Agriculture
Phone: (208) 332-8620
Statement of Purpose/Fiscal Note H74