2004 Legislation
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HOUSE BILL NO. 680 – Soil/plant amendments/no local regs


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Bill Status

H0680...............................................by AGRICULTURAL AFFAIRS
SOIL AND PLANT AMENDMENTS - Amends existing law to prohibit local
regulation and legislation relating to soil and plant amendments.
02/13    House intro - 1st rdg - to printing
02/16    Rpt prt - to Agric Aff
02/19    Rpt out - rec d/p - to 2nd rdg
02/20    2nd rdg - to 3rd rdg
    Ret'd to Agric Aff

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 680
                             BY AGRICULTURAL AFFAIRS COMMITTEE
  1                                        AN ACT
  9    Be It Enacted by the Legislature of the State of Idaho:
 10        SECTION  1.  That  Section 22-2203, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
 12        22-2203.  DEFINITIONS. As used in this chapter:
 13        (1)  "Aged" means exposed to weathering and/or natural  decay,  such  that
 14    the original material is significantly altered.
 15        (2)  "Biosolid(s)"  means  a  primary  organic  solid material produced by
 16    wastewater treatment processes that can be beneficially recycled for its plant
 17    nutrient content and soil amending characteristics,  as  regulated  under  the
 18    code of federal regulations, 40 CFR 503, as amended.
 19        (3)  "Brand" means the term, designation, trademark, product name or other
 20    specific  designation  under  which individual soil amendments or plant amend-
 21    ments are offered for sale.
 22        (4)  "Bulk" means in nonpackaged form or in packages of one (1) cubic yard
 23    or more.
 24        (5)  "Bulk density" means dry weight per unit of volume.
 25        (6)  "Compost" means a  biologically  stable  material  derived  from  the
 26    composting process.
 27        (7)  "Composting"  means  the  biological decomposition of organic matter.
 28    It is accomplished by mixing and piling in  such  a  way  to  promote  aerobic
 29    and/or  anaerobic decay. The process inhibits pathogens, viable weed seeds and
 30    odors.
 31        (8)  "Coproduct" means a chemical substance produced for a commercial pur-
 32    pose during the manufacture, processing, use or disposal of  another  chemical
 33    substance or mixture.
 34        (9)  "Customer  formula  mix"  means  a  soil amendment or plant amendment
 35    which is prepared to the specifications of the final purchaser.
 36        (10) "Deficiency" means the amount of ingredient found by analysis  to  be
 37    less  than  that  guaranteed,  which may result from a lack of  ingredients or
 38    lack of uniformity.
 39        (11) "Department" means the Idaho department of agriculture.
 40        (12) "Director" means the director of the Idaho department of  agriculture
 41    or his duly authorized representative.
 42        (13) "Distribute"  means  to  import,  consign, manufacture, produce, com-
 43    pound, mix, or blend soil amendments or plant  amendments,  or  to  offer  for
  1    sale, sell, barter or otherwise supply soil amendments and plant amendments in
  2    this state.
  3        (14) "Distributor" means any person who distributes.
  4        (15) "Horticultural  growing media" means any substance or mixture of sub-
  5    stances which is promoted as or is intended to function as  a  growing  medium
  6    for  the managed growth of horticultural crops in containers and shall be con-
  7    sidered a plant amendment for the purposes of this chapter.
  8        (16) "Investigational allowance" means an allowance for variations  inher-
  9    ent    in  the  taking, preparation and analysis of an official sample of soil
 10    amendments or plant amendments.
 11        (17) "Label" means the display of all written, printed or  graphic  matter
 12    upon  the  immediate  container  or statement accompanying a soil amendment or
 13    plant amendment.
 14        (18) "Labeling" means all written, printed  or  graphic  matter,  upon  or
 15    accompanying  any  soil  amendment or plant amendment, or advertisements, bro-
 16    chures, posters, or television or radio announcements used  in  promoting  the
 17    sale of the soil amendment or plant amendment.
 18        (19) "Local  legislation"  means,  but  is  not limited to, any ordinance,
 19    motion, resolution, amendment, regulation, or rule adopted by a political sub-
 20    division.
 21        (20) "Manipulation" means actively processed or treated in any manner.
 22        (201) "Manufacture" means to compound,  produce,  granulate,  mix,  blend,
 23    repackage or otherwise alter the composition of soil amendment or plant amend-
 24    ment materials.
 25        (212) "Micronutrients" means boron (B); chlorine (Cl); cobalt (Co); copper
 26    (Cu); iron (Fe); manganese (Mn); molybdenum (Mo); sodium (Na); and zinc (Zn).
 27        (223) "Minimum  percentage"  means  that percent of plant or soil amending
 28    ingredient that must be present in  a  product  before  the  product  will  be
 29    accepted for registration when mentioned in any form or manner.
 30        (234) "Mulch"  means  any  organic or inorganic soil surface cover used to
 31    help retain moisture longer in the soil by retarding evaporation, to  discour-
 32    age  weed  growth,  to  help maintain a constant temperature by insulating the
 33    soil, to discourage runoff and soil erosion by shielding the soil surface from
 34    water abrasion or to promote water absorption and retention.
 35        (245) "Official sample" means any sample of soil amendment or plant amend-
 36    ment taken by the director or his agent.
 37        (256) "Organic" refers only to naturally  occurring  substances  generally
 38    recognized as the hydrogen compounds of carbon and their derivatives.
 39        (267) "Organic  waste-derived  material"  means  grass  clippings, leaves,
 40    weeds, bark, plantings, prunings, and other  vegetative  wastes,  wood  wastes
 41    from  logging  and  milling operations and food wastes. "Organic waste-derived
 42    material" does not include products that contain biosolids as defined in  sub-
 43    section (2) of this section.
 44        (278) "Other  ingredients" means the nonsoil amending or nonplant amending
 45    ingredients present in soil amendments or plant amendments.
 46        (289) "Percent" or "percentage" means by weight.
 47        (2930) "Person" means individual, partnership, association, firm or corpo-
 48    ration.
 49        (301) "Plant amendment" means any natural or synthetic  substance  applied
 50    to  plants  or  seeds which is intended to improve germination, growth, yield,
 51    product quality, reproduction, flavor or other  desirable  characteristics  of
 52    plants  except  commercial  fertilizers, soil amendments, limes, unmanipulated
 53    animal manure and vegetable organic waste-derived materials, pesticides, mulch
 54    and other materials which may be exempted by rule.
 55        (32) "Political subdivision"  means  any  local  government  entity  which
  1    includes, but is not limited to, any city, county, township, or municipal cor-
  2    poration and any other body corporate and politic that is responsible for gov-
  3    ernment  activities  in  a  geographic  area smaller than that of the state of
  4    Idaho.
  5        (313) "Processed" means deliberately treated or manipulated to  modify  or
  6    transform  physical,  chemical,  or  biological characteristics of the natural
  7    state of a substance.
  8        (324) "Raw" means in the natural state, and not prepared, modified,  proc-
  9    essed or manipulated for use.
 10        (335) "Registrant"  means  the  person(s) who registers soil amendments or
 11    plant amendments under this chapter.
 12        (346) "Soil amendment" means:
 13        (a)  Any substance which is intended to improve the physical, chemical  or
 14        biological characteristics of the soil to favor plant growth; or
 15        (b)  Any  material  which  is  represented as having a primary function of
 16        enhancing, changing or modifying soil microorganism reproduction, activity
 17        or population, or material which is  represented  as  having  the  primary
 18        function  of forming or stabilizing soil aggregates in soil to which it is
 19        to be applied and thereby improving the resistance  of  the  soil  to  the
 20        slaking  action of water, increasing the soil's water and air permeability
 21        or infiltration, improving the resistance of the surface of  the  soil  to
 22        crusting,  improving  ease  of cultivation of soil, or otherwise favorably
 23        modifying the structural or physical properties of soil; and
 24        (c)  "Soil amendment"  does  not  include  commercial  fertilizers,  plant
 25        amendments,  limes,  gypsum,  unmanipulated  animal  manures and vegetable
 26        organic waste-derived materials,  pesticides,  mulch  and  other  material
 27        which may be exempted by rule of the department.
 28        (357) "Ton"  means  a  net weight of two thousand (2,000)  pounds avoirdu-
 29    pois.
 30        (368) "Verification  of  label  claims"  means   explanatory   information
 31    describing  how the registrant determined the truthfulness and accuracy of the
 32    registrant's words or statements describing the product  according  to  recog-
 33    nized standards.
 34        (379) "Waste-derived  soil  amendment"  or "waste-derived plant amendment"
 35    means any soil amendment or plant amendment that is derived from an industrial
 36    byproduct, coproduct or other material that would otherwise be disposed of  if
 37    a market for reuse were not an option, but does not include any soil amendment
 38    or plant amendment derived from biosolids or biosolid products regulated under
 39    the code of federal regulations, 40 CFR 503, as amended.
 40        (3840) "Weight" means the weight of material as offered for sale.
 41        (3941) "Wood"  means the hard fibrous material located beneath the bark of
 42    trees, which constitutes the greatest part of the stems of trees and shrubs.
 43        When not specifically stated in this section or  otherwise  designated  by
 44    the  department  in  rule, the department will be guided by the definitions of
 45    general terms, fertilizer materials and soil and plant amendment materials  as
 46    set  forth  in  the  Official Publication of the Association of American Plant
 47    Food Control Officials (AAPFCO), or the Merck Index, published by Merck & Co.,
 48    Inc.
 49        SECTION 2.  That Chapter 22, Title 22, Idaho Code, be,  and  the  same  is
 50    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 51    ignated as Section 22-2226, Idaho Code, and to read as follows:
 52        22-2226.  LOCAL LEGISLATION -- PROHIBITION. No political subdivision shall
 53    regulate the registration, packaging, labeling, sale,  storage,  distribution,
  1    use  and  application  of  soil and plant amendments. No political subdivision
  2    shall adopt or continue in effect local legislation relating to the  registra-
  3    tion,  packaging, labeling, sale, storage, distribution, use or application of
  4    soil and plant amendments. Local legislation in violation of this  section  is
  5    void and unenforceable.
  6        SECTION  3.  That  Section 22-2210, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
  8        22-2210.  INSPECTION -- SAMPLING -- ANALYSIS.  (1)  The  department  shall
  9    inspect, sample, analyze and test soil amendments or plant amendments distrib-
 10    uted within this state at a time and place and to an extent as it deems neces-
 11    sary  to determine whether the soil amendments or plant amendments comply with
 12    this chapter. The department may stop any commercial vehicle transporting soil
 13    amendments or plant amendments on the public highways and  direct  it  to  the
 14    nearest  scales approved by the department to check weights of soil amendments
 15    or plant amendments being delivered or to take samples of  the  product  being
 16    transported. Also, the department may, upon presentation of proper identifica-
 17    tion, enter any distributor's premises, including any vehicle of transport, at
 18    all  reasonable  times  in  order  to  have access to soil amendments or plant
 19    amendments and to records relating to their distribution.
 20        (2)  The methods of sampling and analysis shall be those  adopted  by  the
 21    department  from  officially  recognized sources, such as, but not limited to,
 22    the association of American plant food  control  officials  (AAPFCO)  and  the
 23    association of official analytical chemists, international (AOAC).
 24        (3)  In  determining  for administrative purposes whether a soil amendment
 25    or plant amendment is deficient in any  component,  the  department  shall  be
 26    guided solely by the official sample as defined in section 22-2203(245), Idaho
 27    Code, and obtained and analyzed as provided for in this section.
 28        (4)  When the inspection and analysis of an official sample has been made,
 29    the  department  shall  forward the results of the analysis to the distributor
 30    and manufacturer, and to the purchaser  upon  written  request.  Upon  written
 31    request and within thirty (30) days of the results of analysis, the department
 32    shall  furnish  to the distributor and/or manufacturer a portion of the sample
 33    concerned.
 34        (5)  If the analyses of samples made by the department indicate  deficien-
 35    cies  in  the  soil  amendments or plant amendments examined, below guaranteed
 36    analysis and in excess of the tolerances specified in rules adopted under this
 37    chapter, the department shall immediately notify the manufacturer and/or  dis-
 38    tributor  of  the  soil  amendments  or plant amendments of the results of the
 39    analyses. The manufacturer or distributor of  the  soil  amendments  or  plant
 40    amendments  may, upon written request, obtain from the department a portion of
 41    the sample(s) in question. If the manufacturer or distributor does  not  agree
 42    with the analyses of the department, he may request an umpire who shall be one
 43    (1)  of  a  list  of not less than three (3) public analysts recognized by the
 44    department to have the requisite ability in soil amendments, plant  amendments
 45    or fertilizer analyses, who shall be named by the department. The umpire anal-
 46    yses  shall be made at the expense of the manufacturer or distributor request-
 47    ing the umpire analyses. If the umpire agrees more closely  with  the  depart-
 48    ment, the figures of the department shall be considered correct. If the umpire
 49    agrees  more closely with the figures of the manufacturer or distributor, then
 50    the figures of the manufacturer or distributor shall be considered correct.
 51        (6)  Analysis of an official sample by the department shall be accepted as
 52    prima facie evidence by any court of competent jurisdiction.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 14040

Some political bodies and/or subdivision below the state level
may consider enacting soils and plant amendment restrictions
and/or requirements in addition to the state soils and plant
amendment law. These requirements may conflict with the existing
state soil and plant amendment law and are often not based on
principals of good science. The language proposed in this
legislation is that recommended by the uniform bills committee
of the Association of American Feed Control Officials for state
fertilizers and Soil and Plant Amendment laws. This legislation
prohibits regulation of soil and plant amendments at the local

                          FISCAL IMPACT

There is no fiscal impact to the General Fund.

Name:    Michael Cooper
         Idaho State Department of Agriculture
Phone:   332 8620
STATEMENT OF PURPOSE/FISCAL NOTE                        H 680