Print Friendly HOUSE BILL NO. 75 – Commercial fertilizer, rules/fees
HOUSE BILL NO. 75
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H0075...............................................by AGRICULTURAL AFFAIRS
COMMERCIAL FERTILIZER - Amends and adds to existing law relating to
commercial fertilizers to provide definitions; to provide references to
certain publications; to add subject areas for adoption of rules; to
provide that certain fees are nonrefundable; to provide that a distributor
does not have to register a fertilizer already registered if the label is
unchanged; to clarify that a penalty applies per product; to provide that
stop sale orders may be issued and enforced against distributors; to
increase civil penalties to a maximum of $10,000; and to provide for
statements of uniform interpretation and policy.
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 - 59-7-4
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,
Kunz, Lake, Langford, Marley, Meyer, Montgomery, Mortensen, Moss,
Moyle, Pearce, Pischner, Pomeroy, Raybould, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan,
Trail, Wheeler, Young
NAYS -- Barrett, Gould, Mader, McKague, Tilman, Wood, Mr. Speaker
Absent and excused -- Bruneel, Callister, Loertscher, Ridinger
Floor Sponsor -- Trail
Title apvd - to Senate
02/20 Senate intro - 1st rdg - to Agric Aff
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Branch, Boatright, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Branch
Title apvd - to House
03/21 To enrol
03/22 Rpt enrol - Sp signed - Pres signed - to Gov
03/23 Governor signed
Session Law Chapter 147
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 75
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE DEPARTMENT OF AGRICULTURE; AMENDING SECTION 22-602, IDAHO
3 CODE, TO REFER TO THE IDAHO STATE DEPARTMENT OF AGRICULTURE AND TO MAKE
4 TECHNICAL CORRECTIONS; AMENDING SECTION 22-603, IDAHO CODE, TO PROVIDE
5 DEFINITIONS AND REFERENCES TO OTHER PUBLICATIONS AND TO MAKE TECHNICAL
6 CORRECTIONS; AMENDING SECTION 22-604, IDAHO CODE, TO ADD SUBJECT AREAS FOR
7 THE ADOPTION OF RULES; AMENDING SECTION 22-605, IDAHO CODE, TO PROVIDE
8 THAT CERTAIN FEES ARE NONREFUNDABLE, TO PROVIDE THAT A DISTRIBUTOR DOES
9 NOT HAVE TO REGISTER A FERTILIZER ALREADY REGISTERED IF THE LABEL IS
10 UNCHANGED, AND TO CLARIFY THAT A PENALTY APPLIES PER PRODUCT; AMENDING
11 SECTION 22-610, IDAHO CODE, TO CORRECT A CODE REFERENCE; AMENDING SECTION
12 22-613, IDAHO CODE, TO PROVIDE A CODE REFERENCE; AMENDING SECTION 22-616,
13 IDAHO CODE, TO PROVIDE THAT STOP SALE ORDERS MAY BE ISSUED AND ENFORCED
14 AGAINST DISTRIBUTORS; AMENDING SECTION 22-619, IDAHO CODE, TO INCREASE
15 CIVIL PENALTIES TO A MAXIMUM OF TEN THOUSAND DOLLARS; AND AMENDING CHAPTER
16 6, TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 22-625, IDAHO
17 CODE, TO PROVIDE FOR STATEMENTS OF UNIFORM INTERPRETATION AND POLICY.
18 Be It Enacted by the Legislature of the State of Idaho:
19 SECTION 1. That Section 22-602, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 22-602. ADMINISTRATION. The Idaho state department of agriculture, here-
22 inafter referred to as the "department," shall administer this chapter.
23 SECTION 2. That Section 22-603, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 22-603. DEFINITIONS. When used in this chapter:
26 (1) "Biosolid(s)" means a primary organic solid material produced by
27 wastewater treatment processes that can be beneficially recycled for its plant
28 nutrient content and soil amending characteristics, as regulated under the
29 code of federal regulations, 40 CFR 503, as amended.
30 (2) "Brand" means a term, design, or trademark used in connection with
31 one (1) or several grades of fertilizer.
32 ( 23) "Calcium carbonate equivalent" means the acid-neutralizing capacity
33 of an agricultural liming material expressed as a weight percentage of calcium
35 (4) "Compost" means a biologically stable material derived from the
36 composting process.
37 ( 35) "Composting" means the controlled aerobic degradation of organic
38 waste materials. Natural decay of organic waste under uncontrolled conditions
39 is not composting biological decomposition of organic matter. It is accom-
40 plished by mixing and piling in such a way to promote aerobic and/or anaerobic
41 decay. The process inhibits pathogens, viable weed seeds and odors.
1 (6) "Coproduct" means a chemical substance produced for a commercial pur-
2 pose during the manufacture, processing, use or disposal of another chemical
3 substance or mixture.
4 ( 47) "Deficiency" means the amount of nutrient found by analysis to be
5 less than that guaranteed, which may result from a lack of nutrient ingredi-
6 ents or from lack of uniformity.
7 ( 58) "Department" means the Idaho state department of agriculture or its
8 authorized representative.
9 ( 69) "Distribute" means to import, consign, manufacture, produce, com-
10 pound, mix, or blend fertilizer, or to offer for sale, sell, barter or other-
11 wise supply fertilizer in this state.
12 ( 710) "Distributor" means any person who distributes.
13 ( 811) "Fertilizer" means any substance containing one (1) or more recog-
14 nized plant nutrient which is used for its plant nutrient content and which is
15 designed for use or claimed to have value in promoting plant growth, and
16 includes limes and gypsum. It does not include unmanipulated animal manure and
17 vegetable organic waste-derived material, or biosolids regulated under the
18 code of federal regulations, 40 CFR 503, as amended.
19 (a) "Bulk fertilizer" means a fertilizer distributed in a nonpackaged
21 (b) "Customer formula fertilizer" means a mixture of fertilizer or mate-
22 rials of which each batch is mixed according to the specific instructions
23 of the final purchaser.
24 (c) "Fertilizer material" means a fertilizer which either:
25 (i) Contains important quantities of no more than one (1) of the
26 primary plant nutrients: nitrogen (N), phosphate ( ) and potash
27 ( ), or
28 (ii) Has eighty-five percent (85%) or more of its plant nutrient
29 content present in the form of a single chemical compound, or
30 (iii) Is derived from a plant or animal residue or byproduct or natu-
31 ral material deposit which has been processed in such a way that its
32 content of plant nutrients has not been materially changed except by
33 purification and concentration.
34 (d) "Micronutrient fertilizer" means a fertilizer that contains valuable
35 concentrations of micronutrients, but does not contain valuable concentra-
36 tions of total nitrogen (N), available phosphate ( ), soluble potash
37 ( ), calcium (Ca), magnesium (Mg), or sulfur (S).
38 (e) "Mixed fertilizer" means a fertilizer containing any combination or
39 mixture of fertilizer materials.
40 (f) "Packaged fertilizer" means fertilizers, either agricultural or spe-
41 cialty, distributed in nonbulk form.
42 (g) "Specialty fertilizer" means a fertilizer distributed for nonfarm
44 (h) "Waste-derived fertilizer" includes any commercial fertilizer derived
45 from an industrial byproduct, coproduct or other material that would
46 otherwise be disposed of if a market for reuse were not an option, but
47 does not include fertilizers derived from biosolids or biosolid products
48 regulated under the code of federal regulations, 40 CFR 503, as amended.
49 ( 912) "Grade" means the percentage of total nitrogen, available phos-
50 phate, and soluble potash stated in whole numbers in the same terms, order,
51 and percentages as in the guaranteed analysis. Provided however, that spe-
52 cialty fertilizers may be guaranteed in fractional units of less than one per-
53 cent (1%) of total nitrogen, available phosphate, and soluble potash: provided
54 further, that fertilizer materials, bone meal, and similar materials may be
55 guaranteed in fractional units.
1 (1 03) "Guaranteed analysis" means the minimum percentage of plant nutri-
2 ents claimed, for a total nitrogen, available phosphate, or soluble potash
3 fertilizer, in the following order and form:
4 (a) Total nitrogen ......... %
5 Available phosphate ......... %
6 Soluble potash ......... %
7 (b) Any fertilizer intended for agricultural use with a total nitrogen,
8 available phosphate, or soluble potash guarantee shall contain five per-
9 cent (5%) or more of available nitrogen, phosphate, or potash, singly,
10 collectively, or in combination.
11 (c) For unacidulated mineral phosphatic materials and basic slag, the
12 guaranteed analysis shall contain both total and available phosphate and
13 the degree of fineness. For bone, tankage, and other organic phosphatic
14 materials, the guaranteed analysis shall contain total and available phos-
16 (d) The guaranteed analysis for limes shall include the percentage of
17 calcium or magnesium expressed as their carbonate; the calcium carbonate
18 equivalent as determined by methods prescribed by the association of offi-
19 cial analytical chemists, international (AOAC); and the minimum percentage
20 of material that will pass respectively a one hundred (100) mesh, sixty
21 (60) mesh, and ten (10) mesh sieve.
22 (e) The guarantees for nutrients other than total nitrogen, available
23 phosphate and soluble potash shall be expressed in the form of the ele-
24 ment. The source (oxides, salts, chelates, etc.) of such other nutrients
25 may be required to be stated on the application for registration and shall
26 be included on the label. Other beneficial substances or compounds,
27 determinable by laboratory methods, also may be guaranteed by permission
28 of the department. Other guarantees shall not be included with the guaran-
29 tee for nutrients, but shall be listed separately as "nonnutrient sub-
30 stances." When any plant nutrients or other substances or compounds are
31 guaranteed they shall be subject to inspection and analysis in accordance
32 with the methods and rules prescribed by the department.
33 (f) In a fertilizer with the principal constituent of calcium sulfate
34 (gypsum), the percentage of calcium sulfate ( ) shall be given
35 along with the percentage of total sulfur (S).
36 (1 14) "Investigational allowance" means an allowance for variations inher-
37 ent in the taking, preparation and analysis of an official sample of fertil-
39 (1 25) "Label" means the display of all written, printed, or graphic mat-
40 ter, upon the immediate container, or a statement accompanying a fertilizer.
41 (1 36) "Labeling" means all written, printed, or graphic matter, upon or
42 accompanying any fertilizer, or advertisements, brochures, posters, and tele-
43 vision and radio announcements used in promoting the sale of such fertilizer.
44 (1 47) "Lime" means a substance or a mixture of substances, the principal
45 constituent of which is calcium carbonate ( ), calcium hydroxide
46 (Ca( ) ), calcium oxide (Ca 0O), magnesium carbonate ( ), magnesium
47 hydroxide (Mg( ) ) or magnesium oxide (Mg 0O), singly or combined.
48 (1 58) "Manipulation" means actively processed or treated in any manner.
49 (1 69) "Manufacture" means to compound, produce, granulate, mix, blend,
50 repackage, or otherwise alter the composition of fertilizer materials.
51 ( 1720) "Micronutrient" means boron (B), chlorine (Cl), cobalt (Co), copper
52 (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), sodium (Na), and zinc (Zn).
53 ( 1821) "Official sample" means any sample or of fertilizer taken by the
54 director or his authorized agent and designated as "official" by the depart-
1 (22) "Organic waste-derived material" means grass clippings, leaves,
2 weeds, bark, plantings, prunings and other vegetative wastes, wood wastes from
3 logging and milling operations, and food wastes. "Organic waste-derived mate-
4 rial" does not include products that contain biosolids as defined in this sec-
6 ( 1923) "Packaged fertilizer" means fertilizers, either agricultural or
7 specialty, distributed in nonbulk form.
8 (2 04) "Percent" or "percentage" means the percentage by weight.
9 (2 15) "Person" means an individual, partnership, association, firm or cor-
11 (2 26) "Primary nutrient" means total nitrogen, available phosphate, and
12 soluble potash.
13 (2 37) "Production" means to compound or fabricate a fertilizer through a
14 physical or chemical process. Production does not include mixing, blending, or
15 repackaging fertilizer products.
16 (2 48) "Registrant" means the person who registers fertilizer under the
17 provisions of this act.
18 (2 59) "Ton" means a net weight of two thousand (2,000) pounds avoirdupois.
19 When not specifically stated in this section or otherwise designated by
20 the department in rule, the department will be guided by the definitions of
21 general terms, fertilizer materials and soil and plant amendment materials as
22 set forth in the Official Publication of the Association of American Plant
23 Food Control Officials (AAPFCO) or the Merck Index, published by Merck Co.,
25 SECTION 3. That Section 22-604, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 22-604. ADOPTION OF RULES. The department shall administer, enforce, and
28 carry out the provisions of this chapter and may adopt rules necessary to
29 carry out its purposes including, but not limited to, the proper use, handl-
30 ing, transportation, storage, display, distribution, sampling, records, analy-
31 sis, form, minimum percentages, fertilizer ingredients, exempted materials,
32 investigational allowances, definitions, labels, labeling, misbranding,
33 mislabeling and disposal of fertilizers and their containers. The adoption of
34 rules is subject to public hearing as prescribed by the Idaho administrative
35 procedure act, chapter 52, title 67, Idaho Code.
36 SECTION 4. That Section 22-605, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 22-605. REGISTRATION OF PRODUCTS. (1) Each brand and separately identifi-
39 able fertilizer product under each brand shall be registered before being dis-
40 tributed in this state. Companies planning to mix customer-formula fertilizers
41 shall include the statement "customer-formula grade mixes" under the column
42 headed "grades" on the brand registration application form. The application
43 for registration shall be submitted to the department on forms furnished by
44 the department, and shall be accompanied by a nonrefundable fee of twenty-five
45 dollars ($25.00) per brand and a nonrefundable fee of twenty-five dollars
46 ($25.00) per separately identifiable fertilizer product, under each brand, if
47 sold in packages of twenty-five (25) pounds or less. Upon approval by the
48 department, a certificate of registration shall be furnished to the applicant.
49 All registrations expire on December 31 of each year. The application shall
50 include the following information:
51 (a) The brand name;
1 (b) Declaration of guaranteed analysis of formulations to be sold;
2 (c) The name and address of the registrant;
3 (d) The sources from which the guaranteed plant nutrients are derived;
5 (e) A label or labels meeting the requirements of section 22-607, Idaho
7 (2) A distributor is not required to register any brand of fertilizer
8 that is already registered under this chapter, as long as the label remains
10 (3) A distributor is not required to register a customer-formula fertil-
11 izer; provided, that each shall be distributed under a registered brand.
12 (4) If an application for renewal of the brand registration provided for
13 in this section is not filed before January 1 of any one (1) year, a penalty
14 of ten dollars ($10.00) per product shall be assessed after February 1 of that
15 year and added to the original fee and shall be paid by the applicant before
16 the renewal brand registration is issued; provided, that the penalty shall not
17 apply if the applicant furnished an affidavit that he has not distributed this
18 brand subsequent to the expiration of his prior registration.
19 (5) The department shall examine the fertilizer product registration
20 application form and labels for conformance with the requirements of this
21 chapter. If the application, information and appropriate labels are in proper
22 form and contain all the required information, the fertilizer products shall
23 be registered by the department and a certificate of registration shall be
24 issued to the applicant. The department may refuse to register or, cancel the
25 registration, of any fertilizer product which would be in violation of any
26 provision of this chapter.
27 (6) In reviewing the fertilizer product registration application, the
28 department may consider experimental data, manufacturers' evaluations, data
29 from agricultural experiment stations' product review evaluations, and other
30 authoritative sources to substantiate labeling claims. The data shall be from
31 statistically designed and analyzed trials representative of the soil, crops,
32 and climatic conditions found in the northwestern area of the United States.
33 (7) In determining whether approval of a label statement or guarantee of
34 an ingredient is appropriate, the department may require the submission of a
35 written statement describing the methodology of laboratory analysis utilized,
36 the source of the ingredient material, and any reference material relied upon
37 to support the label statement or guarantee of ingredient.
38 (8) Any waste-derived fertilizer distributed as a single ingredient prod-
39 uct or blended with other fertilizer ingredients must be identified as
40 "waste-derived fertilizer" by the registrant in the application for registra-
42 (9) The registrant of a waste-derived fertilizer shall state in the
43 application for registration the levels of nonnutritive metals including, but
44 not limited to, arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb) and sele-
45 nium (Se). The registrant shall provide a laboratory report or other documen-
46 tation verifying the levels of the nonnutritive metals in the waste-derived
48 SECTION 5. That Section 22-610, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 22-610. INSPECTION -- SAMPLING. (1) The department shall inspect, sample,
51 analyze, and test fertilizers distributed within this state, at a time and
52 place and to the extent the department deems necessary, to determine whether
53 the fertilizers comply with this chapter. The department may stop any commer-
1 cial vehicle transporting fertilizers on the public highways and direct it to
2 the nearest scales approved by the department to check weights of fertilizers
3 being delivered. The department may also, upon presentation of proper identi-
4 fication, enter any distributor's premises, including any vehicle of trans-
5 port, at all reasonable times in order to have access to fertilizers and to
6 records relating to their distribution.
7 (2) The methods of sampling and analysis shall be those adopted by the
8 department from officially recognized sources including, but not limited to,
9 the association of American plant food control officials (AAPFCO) and the
10 association of official analytical chemists, international (AOAC).
11 (3) The department, in determining for administrative purposes whether a
12 fertilizer is deficient in any component or total nutrients, shall be guided
13 solely by the official sample as defined in section 22-603(21 8), Idaho Code,
14 and obtained and analyzed as provided for in this section.
15 (4) When the inspection and analysis of an official sample has been made,
16 the department shall forward the results of the analysis to the distributor
17 and manufacturer, and to the purchaser upon request. Upon written request and
18 within thirty (30) days of the results of analysis, the department shall fur-
19 nish to the distributor and/or manufacturer a portion of the sample concerned.
20 (5) If analyses of samples made by the department indicate deficiencies
21 in the fertilizer examined, below guaranteed analysis, and in excess of the
22 tolerances specified by rules promulgated under this chapter, the department
23 shall immediately notify the manufacturer and/or distributor of the fertilizer
24 of the results of the analyses. The manufacturer or seller of the fertilizer
25 may, upon written request, obtain from the department a portion of the
26 sample(s) in question. If he fails to agree with the analyses of the depart-
27 ment, he may request an umpire who shall be one (1) of a list of not less than
28 three (3) public analysts of recognized ability in fertilizer analyses, who
29 shall be named by the department. The umpire analyses shall be made at the
30 expense of the manufacturer or seller requesting the same. If the umpire
31 agrees more closely with the department, the figures of the department shall
32 be considered correct. If the umpire agrees more closely with the figures of
33 the manufacturer or distributor, then the figures of the manufacturer or dis-
34 tributor shall be considered correct.
35 (6) Analysis of an official sample by the department shall be accepted as
36 prima facie evidence by any court of competent jurisdiction.
37 SECTION 6. That Section 22-613, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 22-613. MISBRANDING. No person shall distribute a misbranded fertilizer.
40 A fertilizer is misbranded if:
41 (1) The labeling is false or misleading;
42 (2) It is distributed under the name of another fertilizer product;
43 (3) It is not labeled as required in section 22-607, Idaho Code, and in
44 accordance with rules prescribed under this chapter; or
45 (4) It purports to be or is represented as a fertilizer, or is repre-
46 sented as containing a plant nutrient or fertilizer unless such plant nutrient
47 or fertilizer conforms to the definition of identity, if any, prescribed by
48 rule of the department. In adopting such rules the department shall give due
49 regard to commonly accepted definitions and official fertilizer terms such
50 as those issued by the association of American plant food control officials
51 (AAPFCO) as stated or provided for in section 22-603, Idaho Code.
52 SECTION 7. That Section 22-616, Idaho Code, be, and the same is hereby
1 amended to read as follows:
2 22-616. "STOP SALE" ORDERS. The department may issue and enforce a writ-
3 ten or printed "stop sale, use, or removal" order to the distributor, owner or
4 custodian of any fertilizer and hold the fertilizer, or order it held, at a
5 designated place when the department finds the fertilizer is being offered for
6 sale in violation of this chapter, until the law has been complied with and
7 the fertilizer is released in writing by the department, or the violation has
8 been otherwise legally disposed of by written authority. The owner or custo-
9 dian of any fertilizer that has been issued a "stop sale, use, or removal"
10 order shall remedy the violations within ninety (90) days, unless the depart-
11 ment grants a written extension. The department shall release the fertilizer
12 so withdrawn when the requirements of this chapter have been complied with and
13 all costs and expenses incurred in connection with the withdrawal have been
15 SECTION 8. That Section 22-619, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 22-619. REMEDIES FOR VIOLATIONS. (1) Any person convicted of violating
18 any of this chapter or the rules promulgated thereunder or who impedes,
19 obstructs, hinders, or otherwise prevents or attempts to prevent the director
20 or a duly authorized agent from the performance of their duty in connection
21 with this chapter, is guilty of a misdemeanor and shall be fined not more than
22 five hundred dollars ($500) for the first violation, and not more than one
23 thousand five hundred dollars ($1,500) for a subsequent violation. In all
24 prosecutions under this chapter involving the composition of a lot of commer-
25 cial fertilizer, a certified copy of the official analysis signed by the
26 director or his duly authorized agent shall be accepted as prima facie evi-
27 dence of the composition.
28 (2) Any person who violates or fails to comply with this chapter or any
29 rules promulgated thereunder may be assessed a civil penalty by the department
30 or its duly authorized agent of not more than five hundred ten thousand dol-
31 lars ($ 510,000) for each offense and shall be liable for reasonable attorney's
32 fees. Assessment of a civil penalty may be made in conjunction with any other
33 department administrative action. No civil penalty may be assessed unless the
34 person charged was given notice and opportunity for a hearing pursuant to the
35 Idaho administrative procedure act, chapter 52, title 67, Idaho Code. If the
36 director is unable to collect the penalty or if any person fails to pay all or
37 a set portion of the civil penalty as determined by the department, it may
38 recover such amount by action in the appropriate district court. Any person
39 against whom the director has assessed a civil penalty under the provisions of
40 this section may, within thirty (30) days of the final action by the agency
41 making the assessment, appeal the assessment to the district court of the
42 county in which the violation is alleged by the department to have occurred.
43 (3) Nothing in this chapter requires the director or a duly authorized
44 representative to report minor violations of the chapter for prosecution, or
45 for the institution of seizure proceedings, when the director believes that
46 the public interest will be best served by a suitable notice of warning in
48 (4) Each prosecuting attorney to whom any violation is reported shall
49 cause appropriate proceedings to be instituted and prosecuted in a court of
50 competent jurisdiction without delay. Before the director reports a violation
51 for such prosecution, an opportunity shall be given the distributor to present
52 his view to the director.
1 (5) The director may apply for and the court is authorized to grant a
2 temporary or permanent injunction restraining any person from violating or
3 continuing to violate this chapter or any rule promulgated under the chapter
4 notwithstanding the existence of other remedies at law. Said injunction shall
5 be issued without bond.
6 SECTION 9. That Chapter 6, Title 22, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
8 ignated as Section 22-625, Idaho Code, and to read as follows:
9 22-625. STATEMENTS OF UNIFORM INTERPRETATION AND POLICY. When not other-
10 wise stated in this chapter or rule adopted under this chapter, the statements
11 of uniform interpretation and policy as adopted in the annual Official Publi-
12 cation of the Association of American Plant Food Control Officials (AAPFCO)
13 shall guide the department when making decisions in the areas covered by
14 AAPFCO statements of uniform interpretation and policy.
STATEMENT OF PURPOSE
Amend Title 22, Chapter 6, Idaho, the "Idaho Fertilizer Act of
2000" to address some 'house-keeping provisions that have come to
light since the last legislative session and Amend section 22-
619(2), Idaho Code to increase the civil penalty from $500 to
The amendments will add a definition for "Organic Waste-Derived
Material" (currently referenced in the law, but not defined);
mandate that registration fees are non-refundable; change
penalties for late registrations to $10 per product, instead of a
flat $10; and require that the label for liquid formulations state
volume and weight per unit volume. The Fertilizer and Soil and
Plant Amendment Advisory Committee has recommended that the civil
penalty in Title 22, Chapters 6 and 22, the "Idaho Fertilizer Act
of 2000" and the "Soil and Plant Amendment Act of Idaho" be the
It is projected that $1,000 to $2,000 may be collected due to late
product registrations. The fiscal impact of the civil penalties is
expected to be less than $15,000 per year at
this time. It is difficult to assess how many violations might occur in
any given year.
Name: Dr. Roger R. Vega, Administrator Mr. Michael E. Cooper,
Agency: Idaho State Department of Agriculture
Phone: (208) 332-8620
STATEMENT OF PURPOSE/FISCAL IMPACT H75