2001 Legislation
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HOUSE BILL NO. 74 – Soil & Plant Amendment Act


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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

Bill Text

  ||||              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
  4        SECTIONS 22-2203, 22-2204, 22-2205, 22-2206 AND 22-2213, IDAHO  CODE;  AND
 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.
  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.
  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
  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
  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" ......... %
  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.
  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.
  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
  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
  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,
  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.
  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 / Fiscal Impact

                        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.
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