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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 value sto be applied under the provisions of section 22-611, 2 1 Idaho Code, the department shall determine from the registrant's sales2 invoicesand publish annually the values per pound, charged for totalunit of 3 nitrogen, available phosphoric acidphosphate, soluble potash, secondary ele- 4 ments and other plant nutrientsmicro-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