Print Friendly HOUSE BILL NO. 681 – Fertilizer, no local regulation
HOUSE BILL NO. 681
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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
]]]] 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
2 RELATING TO COMMERCIAL FERTILIZERS; AMENDING SECTION 22-603, IDAHO CODE, TO
3 DEFINE ADDITIONAL TERMS AND TO MAKE A TECHNICAL CORRECTION; AMENDING CHAP-
4 TER 6, TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 22-626,
5 IDAHO CODE, TO PROHIBIT LOCAL REGULATION AND LEGISLATION RELATING TO FER-
6 TILIZERS AND TO PROVIDE THAT LOCAL LEGISLATION RELATING TO FERTILIZERS IS
7 VOID AND UNENFORCEABLE; AND AMENDING SECTION 22-610, IDAHO CODE, TO PRO-
8 VIDE A CORRECT CODE REFERENCE.
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
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
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
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-
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-
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-
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 (2 01) "Micronutrient" means boron (B), chlorine (Cl), cobalt (Co), copper
38 (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), sodium (Na), and zinc (Zn).
39 (2 12) "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 (2 23) "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-
46 (2 34) "Packaged fertilizer" means fertilizers, either agricultural or spe-
47 cialty, distributed in nonbulk form.
48 (2 45) "Percent" or "percentage" means the percentage by weight.
49 (2 56) "Person" means an individual, partnership, association, firm or cor-
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
1 (2 68) "Primary nutrient" means total nitrogen, available phosphate, and
2 soluble potash.
3 (2 79) "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-
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.,
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(2 12), 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
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.
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 681