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H0548...............................................by AGRICULTURAL AFFAIRS
FERTILIZER - SPECIALTY - Amends existing law to provide for penalties for
specialty fertilizer that deviates from the guaranteed analysis; to provide
that the Department of Agriculture shall determine and publish annually the
values per unit of nitrogen, available phosphate, soluble potash, secondary
elements and microelements used; and to provide that these values shall be
used in determining and assessing penalties.
01/27 House intro - 1st rdg - to printing
01/28 Rpt prt - to Agric Aff
02/05 Rpt out - rec d/p - to 2nd rdg
02/06 2nd rdg - to 3rd rdg
02/10 3rd rdg - PASSED - 64-0-6
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Harwood, Henbest, Jaquet, Jones, Kellogg,
Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague,
Meyer, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,
Ridinger, Ring, Ringo, Robison, Sali, Sayler, Schaefer, Shepherd,
Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Crow, Gagner, Garrett, Miller, Roberts, Rydalch
Floor Sponsor - Bolz
Title apvd - to Senate
02/11 Senate intro - 1st rdg - to Agric Aff
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 34-0-1
AYES -- Andreason(Andreason), Bailey, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Brandt
Floor Sponsor - Williams
Title apvd - to House
03/11 To enrol
03/12 Rpt enrol - Sp signed
03/15 Pres signed
03/16 To Governor
03/19 Governor signed
Session Law Chapter 108
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 548
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO COMMERCIAL FERTILIZERS; AMENDING SECTION 22-611, IDAHO CODE, TO
3 PROVIDE FOR PENALTIES FOR SPECIALTY FERTILIZER THAT DEVIATES FROM THE
4 GUARANTEED ANALYSIS; AMENDING SECTION 22-612, IDAHO CODE, TO PROVIDE THAT
5 THE DEPARTMENT OF AGRICULTURE SHALL DETERMINE AND PUBLISH ANNUALLY THE
6 VALUES PER UNIT OF NITROGEN, AVAILABLE PHOSPHATE, SOLUBLE POTASH, SECOND-
7 ARY ELEMENTS AND MICRO-ELEMENTS USED IN IDAHO AND TO PROVIDE THAT THESE
8 VALUES SHALL BE USED IN DETERMINING AND ASSESSING PENALTIES.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 22-611, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 22-611. PENALTIES. (1) If the analysis shows that any fertilizer deviates
13 from the guaranteed analysis in any plant nutrient, micronutrient, or in total
14 nutrients, a penalty shall be assessed in favor of the department at the rate
15 of three (3) times the value of the deficiency or twenty-five dollars
16 ($25.00), whichever is greater, when the deviation exceeds the tolerances
17 established by rules promulgated under this chapter. Provided, that penalties
18 for any specialty fertilizer that deviates from the guaranteed analysis in any
19 plant nutrient, micronutrient, or in total nutrients shall be determined as
20 authorized under section 22-619, Idaho Code, and rules promulgated pursuant to
21 this chapter.
22 (2) All penalties assessed under this section or any rule hereunder on
23 any one (1) fertilizer, represented by the sample analyzed, shall be paid to
24 the department within three (3) months after the date of notice from the
25 department to the registrant. The department shall deposit the amount of the
26 penalty into the "commercial feed and fertilizer fund."
27 (3) Nothing contained in this section or any rule hereunder shall prevent
28 any person from appealing to a court of competent jurisdiction for a judgment
29 as to the justification of such penalties imposed under subsections (1) and
30 (2) of this section.
31 (4) Penalties payable as provided for in subsections (1) and (2) of this
32 section or any rule hereunder shall in no manner be construed as limiting the
33 consumer's right to bring a civil action in damage against the registrant pay-
34 ing the penalties.
35 (5) Penalties for short weights, both packaged and bulk, shall be
36 assessed at the rate of three (3) times the invoiced value if the deficiency
37 exceeds the tolerances established by rule.
38 SECTION 2. That Section 22-612, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 22-612. ASSESSMENT OF PENALTIES. For the purpose of initially determining
41 the commercial values to be applied under the provisions of section 22-611,
2
1 Idaho Code, the department shall determine from the registrant's sales
2 invoices and publish annually the values per pound, charged for total unit of
3 nitrogen, available phosphoric acid phosphate, soluble potash, secondary ele-
4 ments and other plant nutrients micro-elements used in this state. The values
5 so determined and published shall be used in determining and assessing penal-
6 ties as authorized under section 22-611, Idaho Code.
STATEMENT OF PURPOSE
RS 13477C1
Exempt specialty fertilizers from the penalty provision of Section
22-611, Idaho Code, and make them subject to the penalty provisions
of Section 22-619, Idaho Code. Amend Section 22-612, Idaho Code,
to adopt the American Association of Plant Food Control Officials
uniform language. The amendment of Section 22-612, Idaho Code,
would result in the establishment of an annual survey of the
fertilizer industry to determine a set dollar amount on each of the
various nutrients used by the industry. This would greatly
expedite the process with more timely notification to the industry
and assessment of penalties. The more timely notification would
allow the facilities to make any necessary corrections to their
formulation systems.
FISCAL IMPACT
A savings would be realized because state inspectors would no
longer have to make a second trip to a facility to obtain an
invoice for the shipment sampled in order to finalize the penalty.
CONTACT
Name: Michael E. Cooper
Agency: Department of Agriculture
Phone: 332-8620
Statement of Purpose/Fiscal Impact H 548