2004 Legislation
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HOUSE BILL NO. 681 – Fertilizer, no local regulation


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Bill Status

H0681...............................................by AGRICULTURAL AFFAIRS
FERTILIZER - Adds to and amends existing law to prohibit local regulation
and legislation relating to fertilizers.
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. 681
                             BY AGRICULTURAL AFFAIRS COMMITTEE
  1                                        AN ACT
  9    Be It Enacted by the Legislature of the State of Idaho:
 10        SECTION  1.  That  Section  22-603, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
 12        22-603.  DEFINITIONS. When used in this chapter:
 13        (1)  "Biosolid(s)" means a primary  organic  solid  material  produced  by
 14    wastewater treatment processes that can be beneficially recycled for its plant
 15    nutrient  content  and  soil  amending characteristics, as regulated under the
 16    code of federal regulations, 40 CFR 503, as amended.
 17        (2)  "Brand" means a term, design, or trademark  used in  connection  with
 18    one (1) or several grades of fertilizer.
 19        (3)  "Calcium  carbonate  equivalent" means the acid-neutralizing capacity
 20    of an agricultural liming material expressed as a weight percentage of calcium
 21    carbonate.
 22        (4)  "Compost" means a  biologically  stable  material  derived  from  the
 23    composting process.
 24        (5)  "Composting" means the biological decomposition of organic matter. It
 25    is  accomplished  by mixing and piling in such a way to promote aerobic and/or
 26    anaerobic decay. The process inhibits pathogens, viable weed seeds and odors.
 27        (6)  "Coproduct" means a chemical substance produced for a commercial pur-
 28    pose during the manufacture, processing, use or disposal of  another  chemical
 29    substance or mixture.
 30        (7)  "Deficiency"  means  the  amount  of nutrient found by analysis to be
 31    less than that guaranteed, which may result from a lack of  nutrient  ingredi-
 32    ents or from lack of uniformity.
 33        (8)  "Department"  means  the Idaho state department of agriculture or its
 34    authorized representative.
 35        (9)  "Distribute" means to import,  consign,  manufacture,  produce,  com-
 36    pound, mix, or blend  fertilizer, or to offer for sale, sell, barter or other-
 37    wise supply  fertilizer in this state.
 38        (10) "Distributor" means any person  who distributes.
 39        (11) "Fertilizer"  means  any  substance containing one (1) or more recog-
 40    nized plant nutrient which is used for its plant nutrient content and which is
 41    designed for use or claimed to have  value  in  promoting  plant  growth,  and
 42    includes limes and gypsum. It does not include unmanipulated animal manure and
 43    vegetable  organic  waste-derived  material,  or biosolids regulated under the
  1    code of federal regulations, 40 CFR 503, as amended.
  2        (a)  "Bulk fertilizer" means a fertilizer  distributed  in  a  nonpackaged
  3        form.
  4        (b)  "Customer  formula fertilizer" means a mixture of fertilizer or mate-
  5        rials of which each batch is mixed according to the specific  instructions
  6        of the final purchaser.
  7        (c)  "Fertilizer material" means a fertilizer which either:
  8             (i)   Contains  important  quantities  of no more than one (1) of the
  9             primary plant nutrients: nitrogen (N), phosphate  (    )  and  potash
 10             (    ), or
 11             (ii)  Has  eighty-five  percent  (85%)  or more of its plant nutrient
 12             content present in the form of a single chemical compound, or
 13             (iii) Is derived from a plant or animal residue or byproduct or natu-
 14             ral material deposit which has been processed in such a way that  its
 15             content  of plant nutrients has not been materially changed except by
 16             purification and concentration.
 17        (d)  "Micronutrient fertilizer" means a fertilizer that contains  valuable
 18        concentrations of micronutrients, but does not contain valuable concentra-
 19        tions  of  total  nitrogen (N), available phosphate (    ), soluble potash
 20        (   ), calcium (Ca), magnesium (Mg), or sulfur (S).
 21        (e)  "Mixed fertilizer" means a fertilizer containing any  combination  or
 22        mixture of fertilizer materials.
 23        (f)  "Packaged  fertilizer" means fertilizers, either agricultural or spe-
 24        cialty, distributed in nonbulk form.
 25        (g)  "Specialty fertilizer" means a  fertilizer  distributed  for  nonfarm
 26        use.
 27        (h)  "Waste-derived fertilizer" includes any commercial fertilizer derived
 28        from  an  industrial  byproduct,  coproduct  or  other material that would
 29        otherwise be disposed of if a market for reuse were  not  an  option,  but
 30        does  not  include fertilizers derived from biosolids or biosolid products
 31        regulated under the code of federal regulations, 40 CFR 503, as amended.
 32        (12) "Grade" means the percentage of total nitrogen, available  phosphate,
 33    and  soluble potash stated in whole numbers in the same terms, order, and per-
 34    centages  as in the guaranteed analysis. Provided however, that specialty fer-
 35    tilizers may be guaranteed in fractional units of less than one  percent  (1%)
 36    of  total nitrogen, available phosphate, and soluble potash: provided further,
 37    that fertilizer materials, bone meal, and similar materials may be  guaranteed
 38    in fractional units.
 39        (13) "Guaranteed analysis" means the minimum percentage of plant nutrients
 40    claimed,  for a total nitrogen, available phosphate, or soluble potash fertil-
 41    izer, in the following order and form:
 42        (a)  Total nitrogen                                            ......... %
 43        Available phosphate                                            ......... %
 44        Soluble potash                                                 ......... %
 45        (b)  Any fertilizer intended for agricultural use with a  total  nitrogen,
 46        available  phosphate,  or soluble potash guarantee shall contain five per-
 47        cent (5%) or more of available nitrogen,  phosphate,  or  potash,  singly,
 48        collectively, or in combination.
 49        (c)  For  unacidulated  mineral  phosphatic  materials and basic slag, the
 50        guaranteed analysis shall contain both total and available  phosphate  and
 51        the  degree  of  fineness. For bone, tankage, and other organic phosphatic
 52        materials, the guaranteed analysis shall contain total and available phos-
 53        phate.
 54        (d)  The guaranteed analysis for limes shall  include  the  percentage  of
 55        calcium  or  magnesium expressed as their carbonate; the calcium carbonate
  1        equivalent as determined by methods prescribed by the association of offi-
  2        cial analytical chemists, international (AOAC); and the minimum percentage
  3        of material that will pass respectively a one hundred  (100)  mesh,  sixty
  4        (60) mesh, and ten (10) mesh sieve.
  5        (e)  The  guarantees  for  nutrients  other than total nitrogen, available
  6        phosphate and soluble potash shall be expressed in the form  of  the  ele-
  7        ment.  The  source (oxides, salts, chelates, etc.) of such other nutrients
  8        may be required to be stated on the  application    for  registration  and
  9        shall be included on the label. Other beneficial substances  or compounds,
 10        determinable  by laboratory  methods, also may be guaranteed by permission
 11        of the department. Other guarantees shall not be included with the guaran-
 12        tee  for  nutrients,  but  shall be listed separately as "nonnutrient sub-
 13        stances." When any plant nutrients or other substances  or  compounds  are
 14        guaranteed  they shall be subject to inspection and analysis in accordance
 15        with the methods and rules prescribed by the department.
 16        (f)  In a fertilizer with the principal  constituent  of  calcium  sulfate
 17        (gypsum),  the  percentage of calcium sulfate (           ) shall be given
 18        along with the percentage of total sulfur (S).
 19        (14) "Investigational allowance" means an allowance for variations  inher-
 20    ent  in  the taking, preparation and analysis of an official sample of fertil-
 21    izer.
 22        (15) "Label" means the display of all written, printed, or graphic matter,
 23    upon the immediate container, or a statement accompanying a fertilizer.
 24        (16) "Labeling" means all written, printed, or  graphic  matter,  upon  or
 25    accompanying  any fertilizer, or advertisements, brochures, posters, and tele-
 26    vision and radio announcements used in promoting the sale of such fertilizer.
 27        (17) "Lime" means a substance or a mixture of  substances,  the  principal
 28    constituent   of  which  is  calcium  carbonate  (      ),  calcium  hydroxide
 29    (Ca(  ) ),  calcium  oxide  (CaO),  magnesium  carbonate  (      ),  magnesium
 30    hydroxide (Mg(  ) ) or magnesium oxide (MgO), singly or combined.
 31        (18) "Local legislation" means, but is  not  limited  to,  any  ordinance,
 32    motion, resolution, amendment, regulation, or rule adopted by a political sub-
 33    division.
 34        (19) "Manipulation" means actively processed or treated in any manner.
 35        (1920) "Manufacture"  means  to  compound, produce, granulate, mix, blend,
 36    repackage, or otherwise alter the composition of fertilizer materials.
 37        (201) "Micronutrient" means boron (B), chlorine (Cl), cobalt (Co),  copper
 38    (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), sodium (Na), and zinc (Zn).
 39        (212) "Official sample" means any sample of fertilizer taken by the direc-
 40    tor or his authorized agent and designated as "official" by the department.
 41        (223) "Organic  waste-derived  material"  means  grass  clippings, leaves,
 42    weeds, bark, plantings, prunings and other vegetative wastes, wood wastes from
 43    logging and milling operations, and food wastes. "Organic waste-derived  mate-
 44    rial" does not include products that contain biosolids as defined in this sec-
 45    tion.
 46        (234) "Packaged fertilizer" means fertilizers, either agricultural or spe-
 47    cialty, distributed in nonbulk form.
 48        (245) "Percent" or "percentage" means the percentage by weight.
 49        (256) "Person" means an individual, partnership, association, firm or cor-
 50    poration.
 51        (27) "Political  subdivision"  means  any  local  government  entity which
 52    includes, but is not limited to, any city, county, township, or municipal cor-
 53    poration and any other body corporate and politic that is responsible for gov-
 54    ernment activities in a geographic area smaller than  that  of  the  state  of
 55    Idaho.
  1        (268) "Primary  nutrient"  means  total nitrogen, available phosphate, and
  2    soluble potash.
  3        (279) "Production" means to compound or fabricate a fertilizer  through  a
  4    physical or chemical process. Production does not include mixing, blending, or
  5    repackaging fertilizer products.
  6        (2830) "Registrant"  means  the  person who registers fertilizer under the
  7    provisions of this act chapter.
  8        (2931) "Ton" means a net weight of two thousand  (2,000)  pounds  avoirdu-
  9    pois.
 10        When  not  specifically  stated in this section or otherwise designated by
 11    the department in rule, the department will be guided by  the  definitions  of
 12    general  terms, fertilizer materials and soil and plant amendment materials as
 13    set forth in the Official Publication of the  Association  of  American  Plant
 14    Food  Control  Officials  (AAPFCO) or the Merck Index, published by Merck Co.,
 15    Inc.
 16        SECTION 2.  That Chapter 6, Title 22, Idaho Code,  be,  and  the  same  is
 17    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 18    ignated as Section 22-626, Idaho Code, and to read as follows:
 19        22-626.  LOCAL LEGISLATION -- PROHIBITION. No political subdivision  shall
 20    regulate  the  registration, packaging, labeling, sale, storage, distribution,
 21    use and application of fertilizers. No political subdivision  shall  adopt  or
 22    continue  in effect local legislation relating to the registration, packaging,
 23    labeling, sale, storage, distribution,  use  or  application  of  fertilizers.
 24    Local legislation in violation of this section is void and unenforceable.
 25        SECTION  3.  That  Section  22-610, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
 27        22-610.  INSPECTION -- SAMPLING. (1) The department shall inspect, sample,
 28    analyze, and test fertilizers distributed within this state,  at  a  time  and
 29    place  and  to the extent the department deems necessary, to determine whether
 30    the fertilizers comply with this chapter. The department may stop any  commer-
 31    cial vehicle transporting fertilizers on the public highways  and direct it to
 32    the  nearest scales approved by the department to check weights of fertilizers
 33    being delivered. The department may also, upon presentation of proper  identi-
 34    fication,  enter  any  distributor's premises, including any vehicle of trans-
 35    port, at all reasonable times in order to have access to  fertilizers  and  to
 36    records relating to their distribution.
 37        (2)  The  methods  of  sampling and analysis shall be those adopted by the
 38    department from officially recognized sources including, but not  limited  to,
 39    the  association  of  American  plant  food control officials (AAPFCO) and the
 40    association of official analytical chemists, international (AOAC).
 41        (3)  The department, in determining for administrative purposes whether  a
 42    fertilizer  is  deficient in any component or total nutrients, shall be guided
 43    solely by the official sample as defined in section 22-603(212),  Idaho  Code,
 44    and obtained and analyzed as provided for in this section.
 45        (4)  When the inspection and analysis of an official sample has been made,
 46    the  department  shall  forward the results of the analysis to the distributor
 47    and manufacturer, and to the purchaser upon request. Upon written request  and
 48    within  thirty (30) days of the results of analysis, the department shall fur-
 49    nish to the distributor and/or manufacturer a portion of the sample concerned.
 50        (5)  If analyses of samples made by the department  indicate  deficiencies
 51    in  the  fertilizer  examined, below guaranteed analysis, and in excess of the
  1    tolerances specified by rules promulgated under this chapter,  the  department
  2    shall immediately notify the manufacturer and/or distributor of the fertilizer
  3    of  the  results of the analyses. The manufacturer or seller of the fertilizer
  4    may, upon written request,  obtain  from  the  department  a  portion  of  the
  5    sample(s)  in  question. If he fails to agree with the analyses of the depart-
  6    ment, he may request an umpire who shall be one (1) of a list of not less than
  7    three (3) public analysts of recognized ability in  fertilizer  analyses,  who
  8    shall  be  named  by  the department. The umpire analyses shall be made at the
  9    expense of the manufacturer or seller  requesting  the  same.  If  the  umpire
 10    agrees  more  closely with the department, the figures of the department shall
 11    be considered correct. If the umpire agrees more closely with the  figures  of
 12    the  manufacturer or distributor, then the figures of the manufacturer or dis-
 13    tributor shall be considered correct.
 14        (6)  Analysis of an official sample by the department shall be accepted as
 15    prima facie evidence by any court of competent jurisdiction.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                            RS 14041
Some political bodies and/or subdivision below the state level
may consider enacting fertilizer restrictions and/or
requirements in addition to the state fertilizer law. These
requirements may conflict with the existing state fertilizer 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. This legislation prohibits regulation of
commercial fertilizers at the local level.

                          FISCAL IMPACT
There is no fiscal impact to the General Fund.


Name:    Michael Cooper
         Idaho State Department of Agriculture
Phone:   332 8620