2008 Legislation
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HOUSE BILL NO. 393<br /> – Fertilizer, registration, records


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Bill Status

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,
      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

Bill Text

  ]]]]              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

 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.


  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  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-
  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.


  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:

 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


  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  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-
 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


  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; and
 41        (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


  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; 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-
 26        ment.
 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-
 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


  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 / Fiscal Impact

                      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).

Name:     Michael Cooper   
Agency:   Agriculture, Dept. Of
Phone:    332-8620

STATEMENT OF PURPOSE/FISCAL NOTE                         H 393