2001 Legislation
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HOUSE BILL NO. 75 – Commercial fertilizer, rules/fees


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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
         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. 75
                             BY AGRICULTURAL AFFAIRS COMMITTEE
  1                                        AN ACT
 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
 34    carbonate.
 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
 20        form.
 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
 43        use.
 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        (103) "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-
 15        phate.
 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        (114) "Investigational allowance" means an allowance for variations inher-
 37    ent  in  the taking, preparation and analysis of an official sample of fertil-
 38    izer.
 39        (125) "Label" means the display of all written, printed, or  graphic  mat-
 40    ter, upon the immediate container, or a statement accompanying a fertilizer.
 41        (136) "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        (147) "Lime"  means  a substance or a mixture of substances, the principal
 45    constituent  of  which  is  calcium  carbonate  (      ),  calcium   hydroxide
 46    (Ca(  ) ),  calcium  oxide  (Ca0O),  magnesium  carbonate  (      ), magnesium
 47    hydroxide (Mg(  ) ) or magnesium oxide (Mg0O), singly or combined.
 48        (158) "Manipulation" means actively processed or treated in any manner.
 49        (169) "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-
 55    ment.
  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-
  5    tion.
  6        (1923) "Packaged  fertilizer"  means  fertilizers,  either agricultural or
  7    specialty, distributed in nonbulk form.
  8        (204) "Percent" or "percentage" means the percentage by weight.
  9        (215) "Person" means an individual, partnership, association, firm or cor-
 10    poration.
 11        (226) "Primary nutrient" means total nitrogen,  available  phosphate,  and
 12    soluble potash.
 13        (237) "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        (248) "Registrant" means  the person  who registers fertilizer  under  the
 17    provisions  of this act.
 18        (259) "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.,
 24    Inc.
 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;
  4        and
  5        (e)  A  label  or labels meeting the requirements of section 22-607, Idaho
  6        Code.
  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
  9    unchanged.
 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-
 41    tion.
 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
 47    fertilizer.
 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(218),  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
 14    paid.
 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
 47    writing.
 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:
 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 / Fiscal Impact

                    STATEMENT OF PURPOSE 
                           RS 10502C1
                                   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
    same amount.
                          FISCAL IMPACT
                                   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,
                        Bureau Chief
                        Agency:    Idaho State Department of Agriculture
                        Phone:     (208) 332-8620
                        STATEMENT OF PURPOSE/FISCAL IMPACT                            H75