Print Friendly HOUSE BILL NO. 393
– Fertilizer, registration, records
HOUSE BILL NO. 393
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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.
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,
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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN 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
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.
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
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 for nonfarm
35 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) Any Unless approved by the department, all fertilizer intended for
55 agricultural use with a total nitrogen, available phosphate, or soluble
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-
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-
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-
54 (23) "Packaged fertilizer" means fertilizers, either agricultural or spe-
55 cialty, distributed in nonbulk form.
1 (24) "Percent" or "percentage" means the percentage by weight.
2 (25) "Person" means an individual, partnership, association, firm or cor-
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.,
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) Each brand and separately identifiable fertilizer product under each
40 brand except 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 distributed in
43 into or within this state. Companies planning to mix customer-formula fer-
44 tilizers shall include the statement "customer-formula grade mixes" under
45 the column headed "grades" or "CFM" on the brand registration 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) per brand and a nonre-
49 fundable fee of twenty-five dollars ($25.00) per separately identifiable
50 fertilizer product , under each brand, if sold in packages of twenty-five
51 (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
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 are
6 derived; and
7 ( eiii) A current label or labels meeting the requirements of section
8 22-607, Idaho Code, for each product.
9 ( 2b) A distributor is not required to register any brand of fertilizer
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-
13 izer; provided, that each shall be distributed under a registered brand.
14 ( 4c) If an application for renewal of the brand product registration pro-
15 vided for in this section is not filed before postmarked by January 31 of
16 any one (1) year, a penalty of ten dollars ($10.00) per product shall be
17 assessed after February 1 of that year and added to the original fee and
18 shall be paid by the applicant before the renewal brand registration cer-
19 tificate is issued ; provided, that the penalty shall not apply if the
20 applicant furnished an affidavit that he has not distributed this brand
21 subsequent 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-
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-
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
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
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
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
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; and
41 ( df) The sources from which the guaranteed plant nutrients are derived;
43 (g) Directions for use of specialty fertilizers distributed to the end
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
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 ; and
9 (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 of fifteen thirty-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-
27 (2) Every registrant who distributes fertilizer in into 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
30 in into 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 be five fifteen 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 product of each brand sold or distributed. Where a person distributes
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-
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
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 various brands of fertilizers 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
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.
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
Name: Michael Cooper
Agency: Agriculture, Dept. Of
STATEMENT OF PURPOSE/FISCAL NOTE H 393