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H0393...............................................by AGRICULTURAL AFFAIRS
FERTILIZER - Amends existing law to revise provisions relating to the
registration of certain fertilizer products; to provide for the
registration of facilities by fertilizer distributors; to revise required
label information; to revise requirements relating to records and
information regarding customer-formula fertilizers; to revise provisions
relating to inspection fees; to provide for tonnage reports by tonnage-only
distributors; and to provide that the Idaho Department of Agriculture may,
upon proper identification, enter premises of distributors, including
vehicles of transport, in order to have access to fertilizers for sampling
and examination and for copying of certain records.
01/23 House intro - 1st rdg - to printing
01/24 Rpt prt - to Agric Aff
02/05 Rpt out - rec d/p - to 2nd rdg
02/06 2nd rdg - to 3rd rdg
02/13 3rd rdg - PASSED - 52-17-1
AYES -- Anderson, Andrus, Bell, Bilbao, Black, Block, Bock, Boe,
Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins,
Crane, Durst, Eskridge, Hagedorn, Harwood, Henbest, Henderson,
Killen, King, Kren, Labrador, Lake, LeFavour, Luker, Marriott,
Pasley-Stuart, Patrick, Pence, Ringo, Roberts, Ruchti, Rusche,
Sayler, Schaefer, Shepherd(02), Shirley, Shively, Smith(30),
Smith(24), Snodgrass, Stevenson, Thomas, Trail, Wills, Wood(27), Mr.
Speaker
NAYS -- Barrett, Bayer, Bedke, Bowers, Hart, Loertscher, Mathews,
McGeachin, Mortimer, Moyle, Nielsen, Nonini, Raybould, Shepherd(08),
Thayn, Vander Woude, Wood(35)
Absent and excused -- Jaquet
Floor Sponsor - Patrick
Title apvd - to Senate
02/14 Senate intro - 1st rdg - to Agric Aff
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/05 3rd rdg - PASSED - 28-3-4
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Goedde, Hammond, Heinrich, Hill,
Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKenzie, Pearce, Schroeder, Siddoway,
Stennett, Werk
NAYS -- Fulcher, McKague, Richardson
Absent and excused -- Davis, Gannon, Geddes, Stegner
Floor Sponsor - Corder
Title apvd - to House
03/06 To enrol
03/07 Rpt enrol - Sp signed
03/10 Pres signed
03/11 To Governor
03/17 Governor signed
Session Law Chapter 131
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 393 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO COMMERCIAL FERTILIZERS; AMENDING SECTION 22-603, IDAHO CODE, TO 3 REVISE DEFINITIONS AND TO DEFINE TERMS; AMENDING SECTION 22-605, IDAHO 4 CODE, TO REVISE PROVISIONS RELATING TO THE REGISTRATION OF CERTAIN FERTIL- 5 IZER PRODUCTS AND TO PROVIDE FOR THE REGISTRATION OF STORAGE FACILITIES BY 6 FERTILIZER DISTRIBUTORS; AMENDING SECTION 22-607, IDAHO CODE, TO REVISE 7 REQUIRED FERTILIZER LABEL INFORMATION, TO REVISE REQUIREMENTS RELATING TO 8 RECORDS REGARDING CUSTOMER-FORMULA FERTILIZERS AND TO REVISE INFORMATION 9 REQUIREMENTS FOR CUSTOMER-FORMULA FERTILIZERS; AMENDING SECTION 22-608, 10 IDAHO CODE, TO REVISE PROVISIONS RELATING TO INSPECTION FEES; AMENDING 11 SECTION 22-609, IDAHO CODE, TO PROVIDE FOR TONNAGE REPORTS BY TONNAGE-ONLY 12 DISTRIBUTORS; AMENDING SECTION 22-610, IDAHO CODE, TO PROVIDE THAT THE 13 IDAHO DEPARTMENT OF AGRICULTURE MAY UPON PROPER IDENTIFICATION ENTER PREM- 14 ISES OF DISTRIBUTORS, INCLUDING VEHICLES OF TRANSPORT, IN ORDER TO HAVE 15 ACCESS TO FERTILIZERS FOR SAMPLING, AND EXAMINATION AND COPYING OF CERTAIN 16 RECORDS; AND AMENDING SECTION 22-620, IDAHO CODE, TO DELETE A REFERENCE TO 17 FERTILIZER BRANDS. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That Section 22-603, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 22-603. DEFINITIONS. When used in this chapter: 22 (1) "Biosolid(s)" means a primary organic solid material produced by 23 wastewater treatment processes that can be beneficially recycled for its plant 24 nutrient content and soil amending characteristics, as regulated under the 25 code of federal regulations, 40 CFR 503, as amended. 26 (2) "Brand" means a term, design, or trademark used in connection with 27 one (1) or several grades of fertilizer. 28 (3) "Calcium carbonate equivalent" means the acid-neutralizing capacity 29 of an agricultural liming material expressed as a weight percentage of calcium 30 carbonate. 31 (4) "Compost" means a biologically stable material derived from the 32 composting process. 33 (5) "Composting" means the biological decomposition of organic matter. It 34 is accomplished by mixing and piling in such a way to promote aerobic and/or 35 anaerobic decay. The process inhibits pathogens, viable weed seeds and odors. 36 (6) "Coproduct" means a chemical substance produced for a commercial pur- 37 pose during the manufacture, processing, use or disposal of another chemical 38 substance or mixture. 39 (7) "Deficiency" means the amount of nutrient found by analysis to be 40 less than that guaranteed, which may result from a lack of nutrient ingredi- 41 ents or from lack of uniformity. 42 (8) "Department" means the Idaho state department of agriculture or its 43 authorized representative. 2 1 (9) "Distribute" means to import, consign, manufacture, produce, com- 2 pound, mix, or blend fertilizer, or to offer for sale, sell, barter or other- 3 wise distribute or supply fertilizer in this state. 4 (10) "Distributor" means any person who distributes. 5 (11) "Fertilizer" means any substance containing one (1) or more recog- 6 nized plant nutrient which is used for its plant nutrient content and which is 7 designed for use or claimed to have value in promoting plant growth, and 8 includes limes and gypsum. It does not include unmanipulated animal manure and 9 vegetable organic waste-derived material, or biosolids regulated under the 10 code of federal regulations, 40 CFR 503, as amended. 11 (a) "Bulk fertilizer" means a fertilizer distributed in a nonpackaged 12 form. 13 (b) "Customer formula fertilizer" means a mixture of fertilizer or mate- 14 rials of which each batch is mixed according to the specific instructions 15 of the final purchaser. 16 (c) "Fertilizer material" means a fertilizer which either: 17 (i) Contains important quantities of no more than one (1) of the 18 primary plant nutrients: nitrogen (N), phosphate ( ) and potash 19 ( ), or 20 (ii) Has eighty-five percent (85%) or more of its plant nutrient 21 content present in the form of a single chemical compound, or 22 (iii) Is derived from a plant or animal residue or byproduct or natu- 23 ral material deposit which has been processed in such a way that its 24 content of plant nutrients has not been materially changed except by 25 purification and concentration. 26 (d) "Micronutrient fertilizer" means a fertilizer that contains valuable 27 concentrations of micronutrients, but does not contain valuable concentra- 28 tions of total nitrogen (N), available phosphate ( ), soluble potash 29 ( ), calcium (Ca), magnesium (Mg), or sulfur (S). 30 (e) "Mixed fertilizer" means a fertilizer containing any combination or 31 mixture of fertilizer materials. 32 (f) "Packaged fertilizer" means fertilizers, either agricultural or spe- 33 cialty, distributed in nonbulk form. 34 (g) "Specialty fertilizer" means a fertilizer distributed fornonfarm35 nonagricultural use. 36 (h) "Waste-derived fertilizer" includes any commercial fertilizer derived 37 from an industrial byproduct, coproduct or other material that would 38 otherwise be disposed of if a market for reuse were not an option, but 39 does not include fertilizers derived from biosolids or biosolid products 40 regulated under the code of federal regulations, 40 CFR 503, as amended. 41 (12) "Grade" means the percentage of total nitrogen, available phosphate, 42 and soluble potash stated in whole numbers in the same terms, order, and per- 43 centages as in the guaranteed analysis. Provided however, that specialty fer- 44 tilizers may be guaranteed in fractional units of less than one percent (1%) 45 of total nitrogen, available phosphate, and soluble potash: provided further, 46 that fertilizer materials, bone meal, and similar materials may be guaranteed 47 in fractional units. 48 (13) "Guaranteed analysis" means the minimum percentage of plant nutrients 49 claimed, for a total nitrogen, available phosphate, or soluble potash fertil- 50 izer, consistent with the grade and in the following order and form: 51 (a) Total nitrogen ......... % 52 Available phosphate ......... % 53 Soluble potash ......... % 54 (b)AnyUnless approved by the department, all fertilizer intended for 55 agricultural use with a total nitrogen, available phosphate, or soluble 3 1 potash guarantee shall contain five percent (5%) or more of available 2 nitrogen, phosphate, or potash, singly, collectively, or in combination. 3 (c) For unacidulated mineral phosphatic materials and basic slag, the 4 guaranteed analysis shall contain both total and available phosphate and 5 the degree of fineness. For bone, tankage, and other organic phosphatic 6 materials, the guaranteed analysis shall contain total and available phos- 7 phate. 8 (d) The guaranteed analysis for limes shall include the percentage of 9 calcium or magnesium expressed as their carbonate; the calcium carbonate 10 equivalent as determined by methods prescribed by the association of offi- 11 cial analytical chemists, international (AOAC); and the minimum percentage 12 of material that will pass respectively a one hundred (100) mesh, sixty 13 (60) mesh, and ten (10) mesh sieve. 14 (e) The guarantees for nutrients other than total nitrogen, available 15 phosphate and soluble potash shall be expressed in the form of the ele- 16 ment. The source (oxides, salts, chelates, etc.) of such other nutrients 17 may be required to be stated on the application for registration and shall 18 be included on the label. Other beneficial substances or compounds, 19 determinable by laboratory methods, also may be guaranteed by permission 20 of the department. Other guarantees shall not be included with the guaran- 21 tee for nutrients, but shall be listed separately as "nonnutrient sub- 22 stances." When any plant nutrients or other substances or compounds are 23 guaranteed they shall be subject to inspection and analysis in accordance 24 with the methods and rules prescribed by the department. 25 (f) In a fertilizer with the principal constituent of calcium sulfate 26 (gypsum), the percentage of calcium sulfate ( ) shall be given 27 along with the percentage of total sulfur (S). 28 (14) "Investigational allowance" means an allowance for variations inher- 29 ent in the taking, preparation and analysis of an official sample of fertil- 30 izer. 31 (15) "Label" means the display of all written, printed, or graphic matter, 32 upon the immediate container, or a statement accompanying a fertilizer. 33 (16) "Labeling" means all written, printed, or graphic matter, upon or 34 accompanying any fertilizer, or advertisements, brochures, posters, and tele- 35 vision and radio announcements used in promoting the sale of such fertilizer. 36 (17) "Lime" means a substance or a mixture of substances, the principal 37 constituent of which is calcium carbonate ( ), calcium hydroxide 38 (Ca( ) ), calcium oxide (CaO), magnesium carbonate ( ), magnesium 39 hydroxide (Mg( ) ) or magnesium oxide (MgO), singly or combined, and capable 40 of neutralizing soil acidity. 41 (18) "Manipulation" means actively processed or treated in any manner. 42 (19) "Manufacture" means to compound, produce, granulate, mix, blend, 43 repackage, or otherwise alter the composition of fertilizer materials. 44 (20) "Micronutrient" means boron (B), chlorine (Cl), cobalt (Co), copper 45 (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), nickel (Ni), sodium (Na), 46 and zinc (Zn). 47 (21) "Official sample" means any sample of fertilizer taken by the direc- 48 tor or his authorized agent and designated as "official" by the department. 49 (22) "Organic waste-derived material" means grass clippings, leaves, 50 weeds, bark, plantings, prunings and other vegetative wastes, wood wastes from 51 logging and milling operations, and food wastes. "Organic waste-derived mate- 52 rial" does not include products that contain biosolids as defined in this sec- 53 tion. 54 (23) "Packaged fertilizer" means fertilizers, either agricultural or spe- 55 cialty, distributed in nonbulk form. 4 1 (24) "Percent" or "percentage" means the percentage by weight. 2 (25) "Person" means an individual, partnership, association, firm or cor- 3 poration. 4 (26) "Primary nutrient" means total nitrogen, available phosphate, and 5 soluble potash. 6 (27) "Production" means to compound or fabricate a fertilizer through a 7 physical or chemical process. Production does not include mixing, blending, or 8 repackaging fertilizer products. 9 (28) "Registrant" means the person who registers fertilizer under the pro- 10 visions of this act. 11 (29) "Storage container" means a container, including a railcar, nurse 12 tank or other container that is used or intended for the storage of bulk liq- 13 uid or dry fertilizer. It does not include a mobile container at a storage 14 facility for less than fifteen (15) days if this storage is incidental to the 15 loading or unloading of a storage container at the bulk fertilizer storage 16 facility. Storage container does not include underground storage containers or 17 surface impoundments such as lined ponds or pits. 18 (30) "Storage facility" means a location at which undivided quantities of 19 liquid bulk fertilizer in excess of five hundred (500) U.S. gallons or undi- 20 vided quantities of dry bulk fertilizer in excess of fifty thousand (50,000) 21 pounds are held in a storage container. Temporary field storage of less than 22 thirty (30) days is not considered a storage facility. 23 (31) "Ton" means a net weight of two thousand (2,000) pounds avoirdupois. 24 (32) "Tonnage-only distributor" means any person who assumes the respon- 25 sibility for inspection fees and reports as provided for in sections 22-608(1) 26 and 22-609, Idaho Code. A tonnage-only distributor must register with the 27 department on forms provided by the director. A tonnage-only distributor is 28 subject to section 22-608, Idaho Code. 29 When not specifically stated in this section or otherwise designated by 30 the department in rule, the department will be guided by the definitions of 31 general terms, fertilizer materials and soil and plant amendment materials as 32 set forth in the Official Publication of the Association of American Plant 33 Food Control Officials (AAPFCO) or the Merck Index, published by Merck Co., 34 Inc. 35 SECTION 2. That Section 22-605, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 22-605. REGISTRATION OF PRODUCTS AND STORAGE FACILITIES. (1) Registration 38 of products. 39 (a) Eachbrand andseparately identifiable fertilizer productunder each40brandexcept individual customer-formula mixes shall be registered by the 41 person who manufactures or distributes fertilizer into or within the state 42 of Idaho before being offered for sale, sold, or otherwise distributedin43 into or within this state. Companies planning to mix customer-formula fer- 44 tilizers shall include the statement "customer-formulagrademixes"under45the column headed "grades"or "CFM" on thebrandregistration application 46 form. The application for registration shall be submitted to the depart- 47 ment on forms furnished by the department, and shall be accompanied by a 48 nonrefundable fee of twenty-five dollars ($25.00) perbrand and a nonre-49fundable fee of twenty-five dollars ($25.00) perseparately identifiable 50 fertilizer product, under each brand, if sold in packages of twenty-five51(25) pounds or less. Upon approval by the department, a certificate of 52 registration shall be furnished to the applicant. All registrations expire 53 on December 31 of each year. The application shall include the following 5 1 information: 2 (ai) The brand, grade and product name for each product; 3(b) Declaration of guaranteed analysis of formulations to be sold;4 (cii) The name and address of the registrant; and 5(d) The sources from which the guaranteed plant nutrients are6derived; and7 (eiii) A current labelor labelsmeeting the requirements of section 8 22-607, Idaho Code, for each product. 9 (2b) A distributor is not required to register anybrand offertilizer 10 that is already registered under this chapter, as long as the label 11 remains unchanged. 12(3) A distributor is not required to register a customer-formula fertil-13izer; provided, that each shall be distributed under a registered brand.14 (4c) If an application for renewal of thebrandproduct registration pro- 15 vided for in this section is notfiled beforepostmarked by January 31 of 16 any one (1) year, a penalty of ten dollars ($10.00) per product shall be 17 assessedafter February 1 of that yearand added to the original fee and 18 shall be paid by the applicant before the renewalbrandregistration cer- 19 tificate is issued; provided, that the penalty shall not apply if the20applicant furnished an affidavit that he has not distributed this brand21subsequent to the expiration of his prior registration. 22 (5d) The department shall examine the fertilizer product registration 23 application form and labels for conformance with the requirements of this 24 chapter. If the application, information and appropriate labels are in 25 proper form and contain all the required information, the fertilizer 26 products shall be registered by the department and a certificate of regis- 27 tration shall be issued to the applicant. The department may refuse to 28 register or, cancel the registration, of any fertilizer product which 29 would be in violation of any provision of this chapter. 30 (6e) In reviewing the fertilizer product registration application, the 31 department may consider experimental data, manufacturers' evaluations, 32 data from agricultural experiment stations' product review evaluations, 33 and other authoritative sources to substantiate labeling claims. The data 34 shall be from statistically designed and analyzed trials representative of 35 the soil, crops, and climatic conditions found in the northwestern area of 36 the United States. 37 (7f) In determining whether approval of a label statement or guarantee of 38 an ingredient is appropriate, the department may require the submission of 39 a written statement describing the methodology of laboratory analysis uti- 40 lized, the source of the ingredient material, and any reference material 41 relied upon to support the label statement or guarantee of ingredient. 42 (8g) Any waste-derived fertilizer distributed as a single ingredient 43 product or blended with other fertilizer ingredients must be identified as 44 "waste-derived fertilizer" by the registrant in the application for regis- 45 tration. 46 (9h) The registrant of a waste-derived fertilizer shall state in the 47 application for registration the levels of nonnutritive metals including, 48 but not limited to, arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb) 49 and selenium (Se). The registrant shall provide a laboratory report or 50 other documentation verifying the levels of the nonnutritive metals in the 51 waste-derived fertilizer. The registrant shall provide a new laboratory 52 report upon a change of any nutrient source containing waste-derived mate- 53 rial. 54 (i) Any person distributing commercial fertilizer into or within Idaho to 55 an Idaho registrant or a tonnage-only distributor must be a registrant or 6 1 a tonnage-only distributor. 2 (j) If a product is found being offered for sale, sold, or otherwise dis- 3 tributed into or within Idaho prior to registration, the department is 4 authorized to assess a penalty of twenty-five dollars ($25.00) on each 5 product in addition to the annual registration fee as provided in this 6 section. 7 (2) Registration of storage facilities. 8 (a) Distributors shall register each of their in-state storage facilities 9 with the department. The application for registration shall be submitted 10 to the department on forms furnished by the department and shall be accom- 11 panied by a nonrefundable fee of one hundred dollars ($100) per distribu- 12 tor. Upon approval by the department, a certificate of registration shall 13 be furnished to the applicant. All registrations expire on December 31 of 14 each year. The application shall include the following information: 15 (i) The name and address of the registrant and location of storage 16 facility; 17 (ii) Listing of storage containers by volume, per storage facility. 18 (b) If an application for renewal of the storage facility registration 19 provided for in this section is not postmarked by January 31 of any one 20 (1) year, a penalty of ten dollars ($10.00) per storage facility shall be 21 assessed and added to the original fee and shall be paid by the applicant 22 before the renewal registration certificate is issued. 23 (c) The department shall be notified of the installation of any addi- 24 tional storage container or containers to a storage facility within thirty 25 (30) days of installation. 26 (d) If the department is not notified within thirty (30) days of the 27 installation of any additional storage container or containers, a penalty 28 of fifty dollars ($50.00) shall be assessed. 29 SECTION 3. That Section 22-607, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 22-607. LABELS -- INFORMATION REQUIRED. (1) Any fertilizer distributed in 32 this state in containers shall have placed on or affixed to the container a 33 label setting forth in a clearly legible and conspicuous form the following 34 information: 35 (a) The net weight; 36 (b) The brand and grade, provided that the grade shall not be required 37 when no primary nutrients are claimed; 38 (c) Product name; 39 (d) Guaranteed analysis; 40 (e) The name and address of the registrant, or manufacturer, or both;and41 (df) The sources from which the guaranteed plant nutrients are derived; 42 and 43 (g) Directions for use of specialty fertilizers distributed to the end 44 user. 45 (2) In the case of bulk shipments, this information in written or 46 printed form, shall accompany delivery and be supplied to the purchaser. 47 (3) Each delivery of a customer-formula fertilizer shall contain those 48 ingredients specified by the purchaser. The ingredients shall be shown on the 49 statement or invoice with the amount contained therein, and a record of all 50 invoices of customer-formula grade mixes shall be kept by the registrant for a 51 period of thirty-six (36) months and shall be available to the department upon 52 request; provided, that each delivery shall be accompanied by either a state- 53 ment, invoice, delivery slip, or label if bagged, containing the following 7 1 information: 2 (a) The net weight; 3 (b)The brand;4(c)The guaranteed analysis or evidence of grade which may be stated to 5 the nearest tenth of a percent or to the next lower whole number, or 6 weight and grade of each ingredient; 7 (dc) The name and address of the registrant or manufacturer, or both; and 8 (ed) The name and address of the purchaser; and9(f) The sources from which the guaranteed plant nutrients are derived. 10 SECTION 4. That Section 22-608, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 22-608. INSPECTION FEES. (1) There shall be paid to the department for 13 all fertilizers sold or distributed in this state in quantities of more than 14 twenty-five (25) pounds an inspection fee at the rate offifteenthirty-five 15 cents (135¢) per ton by the product registrant. Another registrant or a 16 tonnage-only distributor may assume responsibility for the inspection fee. 17 Except that: 18 (a) No fee shall be paid on commercial fertilizer if the payment has been 19 made by a previous distributor. 20 (b) No fee shall be paid on a customer-formula fertilizer if the inspec- 21 tion fee is paid on the commercial fertilizers that are used as ingredi- 22 ents therein. 23 (c) No fee shall be paid on commercial fertilizers that are used as 24 ingredients for the manufacture of commercial fertilizers. 25 (d) If the fee has already been paid, credit shall be given for such pay- 26 ment. 27 (2) Every registrant who distributes fertilizerininto or within the 28 state shall file with the department a semiannual statement for the reporting 29 period setting forth the number of net tons of each fertilizer so distributed 30ininto or within this state during such period. The statement is due on or 31 before thirty (30) days following the close of the filing period. Upon filing 32 the statement, the registrant shall pay the inspection fee at the rate pro- 33 vided in this section. If the tonnage report is not filed and the inspection 34 fee is not paid within thirty (30) days after the end of the specified filing 35 period, a collection fee of ten percent (10%) of the amount due, or twenty- 36 five dollars ($25.00), whichever is greater, shall be assessed against the 37 registrant and added to the amount due. 38 (3) When more than one (1) person is involved in the distribution of a 39 fertilizer, the last person who has the fertilizer registered or who has dis- 40 tributed the fertilizer to a nonregistrant, dealer, or consumer is responsible 41 for reporting the tonnage and paying the inspection fee, unless the report and 42 payment is made by a prior distributor of the fertilizer. The registrant has 43 the ultimate responsibility for the payment of inspection fees. 44 (4) Records of the number of net tons of each fertilizer so distributed 45 in this state shall be maintained for a period of five (5) years. The director 46 shall have the right to examine such records to verify the reported tonnage of 47 fertilizer distributed in this state. 48 (5) A minimum inspection fee shall befivefifteen dollars ($15.00) per 49 reporting period. 50 (6) On individual packages of fertilizer containing twenty-five (25) 51 pounds or less there shall be paid, in lieu of the inspection fee, an annual 52 registration fee of twenty-five dollars ($25.00) for each separately identi- 53 fiable productof each brandsold or distributed. Where a person distributes 8 1 fertilizer in packages of twenty-five (25) pounds or less and in packages of 2 over twenty-five (25) pounds, the annual fee shall apply only to that portion 3 distributed in packages of twenty-five (25) pounds or less. 4 (7) Fees so collected shall be used for the payment of the costs of 5 inspection, sampling and analysis, and other expenses necessary for the 6 administration of this chapter. 7 SECTION 5. That Section 22-609, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 22-609. TONNAGE REPORTS. (1) The registrant or tonnage-only distributor 10 distributing or selling fertilizer to a nonregistrant or consumer shall fur- 11 nish to the department a report showing the amount (in tons) of each grade of 12 fertilizer, and the form in which the fertilizer was distributed (dry or liq- 13 uid). In the case of fertilizer sold to an intermediate distributor, the reg- 14 istrant, tonnage-only distributor, or distributor shall list the name, 15 address, telephone number, and amount (in tons) of each fertilizer product 16 sold to each intermediate distributor. 17 (2) Information furnished to the department under this section is exempt 18 from disclosure under section 9-340D(1) or (2), Idaho Code, if the disclosure 19 would divulge the operation of any person. 20 SECTION 6. That Section 22-610, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 22-610. INSPECTION -- SAMPLING. (1) The department shall inspect, sample, 23 analyze, and test fertilizers distributed within this state, at a time and 24 place and to the extent the department deems necessary, to determine whether 25 the fertilizers comply with this chapter. The department may stop any commer- 26 cial vehicle transporting fertilizers on the public highways and direct it to 27 the nearest scales approved by the department to check weights of fertilizers 28 being delivered. The department may also, upon presentation of proper identi- 29 fication, enter any distributor's premises, including any vehicle of trans- 30 port, at all reasonable times in order to have access to fertilizers for sam- 31 pling and to examine and make copies of records relating to their distribu- 32 tion. 33 (2) The methods of sampling and analysis shall be those adopted by the 34 department from officially recognized sources including, but not limited to, 35 the association of American plant food control officials (AAPFCO) and the 36 association of official analytical chemists, international (AOAC). 37 (3) The department, in determining for administrative purposes whether a 38 fertilizer is deficient in any component or total nutrients, shall be guided 39 solely by the official sample as defined in section 22-603(21), Idaho Code, 40 and obtained and analyzed as provided for in this section. 41 (4) When the inspection and analysis of an official sample has been made, 42 the department shall forward the results of the analysis to the distributor 43 and manufacturer, and to the purchaser upon request. Upon written request and 44 within thirty (30) days of the results of analysis, the department shall fur- 45 nish to the distributor and/or manufacturer a portion of the sample concerned. 46 (5) If analyses of samples made by the department indicate deficiencies 47 in the fertilizer examined, below guaranteed analysis, and in excess of the 48 tolerances specified by rules promulgated under this chapter, the department 49 shall immediately notify the manufacturer and/or distributor of the fertilizer 50 of the results of the analyses. The manufacturer or seller of the fertilizer 51 may, upon written request, obtain from the department a portion of the 9 1 sample(s) in question. If he fails to agree with the analyses of the depart- 2 ment, he may request an umpire who shall be one (1) of a list of not less 3 than three (3) public analysts of recognized ability in fertilizer analyses, 4 who shall be named by the department. The umpire analyses shall be made at the 5 expense of the manufacturer or seller requesting the same. If the umpire 6 agrees more closely with the department, the figures of the department shall 7 be considered correct. If the umpire agrees more closely with the figures of 8 the manufacturer or distributor, then the figures of the manufacturer or dis- 9 tributor shall be considered correct. 10 (6) Analysis of an official sample by the department shall be accepted as 11 prima facie evidence by any court of competent jurisdiction. 12 SECTION 7. That Section 22-620, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 22-620. USE OF FUNDS RECEIVED. All moneys received by the director from 15 the registration of variousbrands offertilizers and from the payment to him 16 of moneys derived from the registration and inspection fees charged on such 17 fertilizers, and moneys collected for a violation(s) of this chapter or rules 18 promulgated thereunder, shall be paid into the state treasury and placed in a 19 fund to be known as the "commercial feed and fertilizer fund." Moneys in the 20 commercial feed and fertilizer fund are continuously appropriated for the pur- 21 poses of carrying out the provisions of this chapter.
STATEMENT OF PURPOSE
RS 17308C2
The proposed amendments to the fertilizer law raise the inspection
fees (semi-annual minimum and per ton rate) and change the
registration process. New definitions and technical changes will
be made, such as a penalty for the distribution of unregistered
fertilizer products will be added and the required period of
records retention will be made consistent with those in the Feed
and the Soil and Plant Amendment laws. A registration system will
also be established to develop an inventory of all fertilizer
facilities in the state that handle or store fertilizers in bulk.
FISCAL NOTE
The changes are projected to raise $266,800 ($209,000 from the
increase in inspection fees (tonnage fees), $55,000 from the change
in the registration process, and $2,800 from the change in minimum
reporting fee).
Contact
Name: Michael Cooper
Agency: Agriculture, Dept. Of
Phone: 332-8620
STATEMENT OF PURPOSE/FISCAL NOTE H 393