AN ACT Relating to the regulation of
fertilizer; amending RCW 15.54.270, 15.54.330, 15.54.340, 15.54.350, 15.54.362,
15.54.370, 15.54.380, 15.54.414, 15.54.420, 15.54.436, 15.54.470, and
15.54.800; adding new sections to chapter 15.54 RCW; and repealing RCW
15.54.272, 15.54.274, 15.54.276, 15.54.278, 15.54.280, 15.54.281, 15.54.282,
15.54.284, 15.54.286, 15.54.288, 15.54.290, 15.54.292, 15.54.294, 15.54.296,
15.54.297, 15.54.298, 15.54.300, 15.54.302, 15.54.304, 15.54.306, 15.54.307,
and 15.54.320.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 15.54.270 and 1987 c 45 s 1 are each amended to read as follows:
Terms used in this chapter ((shall))
have the meaning given to them in this chapter unless ((where used)) the
context ((thereof shall)) clearly indicates ((to the contrary))
otherwise.
(1) "Brand" means a term, design,
or trademark used in connection with the distribution and sale of one or more
grades of commercial fertilizers.
(2) "Bulk fertilizer" means
commercial fertilizer distributed in a nonpackage form such as, but not limited
to, tote bags, tote tanks, bins, tanks, trailers, spreader trucks, and
railcars.
(3) "Calcium carbonate equivalent"
means the acid-neutralizing capacity of an agricultural liming material
expressed as a weight percentage of calcium carbonate.
(4) "Commercial fertilizer" means
a substance containing one or more recognized plant nutrients and that is used
for its plant nutrient content or that is designated for use or claimed to have
value in promoting plant growth, and shall include limes, gypsum, and
manipulated animal and vegetable manures. It does not include unmanipulated
animal and vegetable manures and other products exempted by the department by
rule.
(5) "Customer-formula fertilizer"
means a mixture of commercial fertilizer or materials of which each batch is
mixed according to the specifications of the final purchaser.
(6) "Department" means the
department of agriculture of the state of Washington or its duly authorized
representative.
(7) "Director" means the director
of the department of agriculture.
(8) "Distribute" means to import,
consign, manufacture, produce, compound, mix, or blend commercial fertilizer,
or to offer for sale, sell, barter, exchange, or otherwise supply commercial
fertilizer in this state.
(9) "Distributor" means a person
who distributes.
(10) "Grade" means the percentage
of total nitrogen, available phosphoric acid, and soluble potash stated in
whole numbers in the same terms, order, and percentages as in the
"guaranteed analysis," unless otherwise allowed by a rule adopted by
the department. Specialty fertilizers may be guaranteed in fractional units of
less than one percent of total nitrogen, available phosphorus or phosphoric
acid, and soluble potassium or potash. Fertilizer materials, bone meal,
manures, and similar materials may be guaranteed in fractional units.
(11) "Guaranteed analysis."
(a) Until the director prescribes an
alternative form of "guaranteed analysis" by rule the term
"guaranteed analysis" shall mean the minimum percentage of plant
nutrients claimed in the following order and form:
Total nitrogen (N) . . . . .
. . . . . percent
Available phosphoric acid
(P205) . . . percent
Soluble potash (K20) . . . .
. . . . . percent
The percentage shall be stated in whole
numbers unless otherwise allowed by the department by rule.
The "guaranteed analysis" may also
include elemental guarantees for phosphorus (P) and potassium (K).
(b) For unacidulated mineral phosphatic
material and basic slag, bone, tankage, and other organic phosphatic materials,
the total phosphoric acid or degree of fineness may also be guaranteed.
(c) Guarantees for plant nutrients other
than nitrogen, phosphorus, and potassium shall be as allowed or required by
rule of the department. The guarantees for such other nutrients shall be
expressed in the form of the element.
(d) The guaranteed analysis for limes shall
include the percentage of calcium or magnesium expressed as their carbonate;
the calcium carbonate equivalent as determined by methods prescribed by the
association of official analytical chemists; and the minimum percentage of
material that will pass respectively a one hundred mesh, sixty mesh, and ten
mesh sieve. The mesh size declaration may also include the percentage of
material that will pass additional mesh sizes.
(e) In commercial fertilizer, the principal
constituent of which is calcium sulfate (gypsum), the percentage of calcium
sulfate (CaS04.2H20) shall be given along with the percentage of total sulfur.
(12) "Label" means the display of
all written, printed, or graphic matter, upon the immediate container, or a
statement accompanying a fertilizer.
(13) "Labeling" includes all
written, printed, or graphic matter, upon or accompanying a commercial
fertilizer, or advertisement, brochures, posters, television, and radio
announcements used in promoting the sale of such fertilizer.
(14) "Licensee" means the person
who receives a license to distribute a fertilizer under the provisions of this
chapter.
(15) "Lime" means a substance or a
mixture of substances, the principal constituent of which is calcium or
magnesium carbonate, hydroxide, or oxide, singly or combined.
(16) "Manipulation" means processed
or treated in any manner, including drying to a moisture content less than
thirty percent.
(17) "Manufacture" means to
compound, produce, granulate, mix, blend, repackage, or otherwise alter the
composition of fertilizer materials.
(18) "Official sample" means a
sample of commercial fertilizer taken by the department and designated as
"official" by the department.
(19) "Packaged fertilizer" means
commercial fertilizers, either agricultural or specialty, distributed in
nonbulk form.
(20) "Person" means an individual,
firm, brokerage, partnership, corporation, company, society, or association.
(21) "Percent" or
"percentage" means the percentage by weight.
(22) "Registrant" means the person
who registers commercial fertilizer under the provisions of this chapter.
(23) "Specialty fertilizer" means
a commercial fertilizer distributed primarily for nonfarm use, such as, but not
limited to, use on home gardens, lawns, shrubbery, flowers, golf courses,
municipal parks, cemeteries, greenhouses, and nurseries.
(24) "Ton" means the net weight of
two thousand pounds avoirdupois.
(25) "Total nutrients" means the
sum of the percentages of total nitrogen, available phosphoric acid, and
soluble potash as guaranteed and as determined by analysis.
NEW SECTION. Sec. 2. A
new section is added to chapter 15.54 RCW to read as follows:
(1) No person may distribute a commercial
fertilizer in this state, except packaged fertilizers, until a license to
distribute has been obtained by that person. An annual license is required for
each out-of-state or in-state location that distributes nonpackaged commercial
fertilizer in Washington state. An application for each location shall be
filed on forms provided by the master license system and shall be accompanied
by an annual fee of twenty-five dollars per location. The license shall expire
on the master license expiration date.
(2) An application for license shall include
the following:
(a) The name and address of licensee.
(b) Any other information required by the
department by rule.
(3) The name and address shown on the license
shall be shown on all labels, pertinent invoices, and storage facilities for
fertilizer distributed by the licensee in this state.
(4) If an application for license renewal
provided for in this section is not filed prior to master license expiration
date, a delinquency fee of twenty-five dollars shall be assessed and added to
the original fee and shall be paid by the applicant before the renewal license
shall be issued. The assessment of this delinquency fee shall not prevent the
department from taking any other action as provided for in this chapter. The
penalty shall not apply if the applicant furnishes an affidavit that he or she
has not distributed this commercial fertilizer subsequent to the expiration of
his or her prior license.
NEW SECTION. Sec. 3. A
new section is added to chapter 15.54 RCW to read as follows:
(1) No person may distribute in this state a
packaged fertilizer until it is registered with the department by the
distributor whose name appears on the label. An application for each packaged
fertilizer product shall be made on a form furnished by the department and
shall be accompanied by an initial fee of twenty-five dollars for the first
product and ten dollars for each additional product. Labels for each product
shall accompany the application. All companies planning to mix packaged
customer-formula fertilizers shall include the statement "customer formula
grade mixes" under the column headed "product name" on the
product registration application form. All customer-formula fertilizers sold
under one brand name shall be considered one product. Upon the approval of an
application by the department, a copy of the registration shall be furnished to
the applicant. All registrations expire on June 30th of each year except that
for the period beginning January 1, 1994, the registration shall expire on June
30, 1995.
(2) An application for registration shall
include the following:
(a) The product name;
(b) The brand and grade;
(c) The guaranteed analysis;
(d) Name and address of the registrant;
(e) Labels for each product being registered;
(f) Any other information required by the
department by rule.
(3) If an application for renewal of the
product registration provided for in this section is not filed prior to July
1st of any one year, a penalty of ten dollars per product shall be assessed and
added to the original fee and shall be paid by the applicant before the renewal
registration shall be issued. The assessment of this late collection fee shall
not prevent the department from taking any other action as provided for in this
chapter. The penalty shall not apply if the applicant furnishes an affidavit
that he or she has not distributed this commercial fertilizer subsequent to the
expiration of his or her prior registration.
Sec. 4.
RCW 15.54.330 and 1967 ex.s. c 22 s 21 are each amended to read as follows:
(1) The department shall examine the packaged
fertilizer product registration application form and labels for conformance
with the requirements of this chapter. If the application and appropriate
labels are in proper form and contain the required information, the particular
((brand and grade of commercial fertilizer)) packaged fertilizer
products shall be registered by the department and a certificate of
registration shall be issued to the applicant. ((The department may refuse
registration, or cancel the registration, of any brand or grade of commercial
fertilizer, the distribution of which would be in violation of any provisions
of this chapter.))
(2) In reviewing the packaged fertilizer
product registration application, the department may consider experimental
data, manufacturers' evaluations, data from agricultural experiment stations,
product review evaluations, or other authoritative sources to substantiate
labeling claims. The data shall be from statistically designed and analyzed
trials representative of the soil, crops, and climatic conditions found in the
northwestern area of the United States.
(3) In determining whether approval of a
labeling statement or guarantee of an ingredient is appropriate, the department
may require the submission of a written statement describing the methodology of
laboratory analysis utilized, the source of the ingredient material, and any
reference material relied upon to support the label statement or guarantee of
ingredient.
Sec. 5.
RCW 15.54.340 and 1987 c 45 s 12 are each amended to read as follows:
(1) Any ((commercial)) packaged
fertilizer distributed in this state in containers shall have placed on or
affixed to the ((container)) package a label setting forth in
clearly legible and conspicuous form the following information:
(a) The net weight;
(b) The product name, brand, and
grade. The grade ((shall not be)) is not required ((when))
if no primary nutrients are claimed;
(c) The guaranteed analysis;
(d) The name and address of the registrant or
licensee. The name and address of the manufacturer, if different from the registrant
or licensee, may also be stated; and
(e) Other information as required by the
department by rule.
(2) If a commercial fertilizer is
distributed in bulk, a written or printed statement of the information required
by subsection (1) above shall accompany delivery and be supplied to the
purchaser at the time of delivery.
(3) Each delivery of a customer-formula
fertilizer shall be subject to containing those ingredients specified by the
purchaser, which ingredients shall be shown on the statement or invoice with
the amount contained therein, and a record of all invoices of customer-formula
grade mixes shall be kept by the registrant or licensee for a period of
((six)) twelve months and shall be available to the department
upon request: PROVIDED, That each such delivery shall be accompanied by either
a statement, invoice, a delivery slip, or a label if bagged, containing the
following information: The net weight; the brand; the guaranteed analysis
which may be stated to the nearest tenth of a percent or to the next lower
whole number; the name and address of the registrant or licensee, or
manufacturer, or both; and the name and address of the purchaser.
Sec. 6.
RCW 15.54.350 and 1987 c 45 s 13 are each amended to read as follows:
(1) There shall be paid to the department for
all commercial fertilizers distributed in this state to nonregistrants or
nonlicensees an inspection fee of ((nine)) fifteen cents per
ton of lime and ((eighteen)) thirty cents per ton of all other
commercial fertilizer distributed during the year beginning July 1st and ending
June 30th.
(2) ((In computing the tonnage on which the
inspection fee must be paid, distribution of commercial fertilizers in packages
weighing five pounds net or less, and distribution of commercial fertilizers
for shipment to points outside this state may be excluded.)) Distribution
of commercial fertilizers for shipment to points outside this state may be
excluded.
(3) When more than one distributor is involved
in the distribution of a commercial fertilizer, the last registrant or
licensee who distributes to a nonregistrant or nonlicensee is
responsible for paying the inspection fee, unless the payment of fees has been
made by a prior distributor of the fertilizer.
Sec. 7.
RCW 15.54.362 and 1987 c 45 s 14 are each amended to read as follows:
(1) Every registrant or licensee who
distributes commercial fertilizer in this state shall file a semiannual report
((with the department)) on forms provided by the department
setting forth the number of net tons of each commercial fertilizer so
distributed in this state. The reports will cover the following periods:
January 1 through June 30 and July 1 through December 31 of each year. ((The
reports shall be due on or before thirty days following the close of the
reporting period: PROVIDED, That)) Upon permission of the
department, an annual statement under oath may be filed for the annual
reporting period of July 1 through June 30 of any year by any person
distributing within the state less than one hundred tons for each six-month
period during any calendar year, and upon filing such statement, such person
shall pay the inspection fee required under RCW 15.54.350. The department may
accept sales records or other records accurately reflecting the tonnage sold
and verifying such reports.
(2) Each person responsible for the payment of
inspection fees for commercial fertilizer distributed in this state shall
include the inspection fees with the report on the same dates and for the same
reporting periods mentioned in subsection (1) of this section. If in one
year a registrant or licensee distributes less than eighty-three tons of
commercial fertilizer or less than one hundred sixty-seven tons of commercial
lime or equivalent combination of the two, the registrant or licensee shall pay
the minimum inspection fee. The minimum inspection fee shall be twenty-five
dollars per year.
(3) The department may, upon request, require
registrants or licensees to furnish information setting forth the net
tons of commercial fertilizer distributed to each location in this state.
(4) Semiannual or annual reports filed after
the close of the corresponding reporting period shall pay a late filing fee of
twenty-five dollars. Inspection fees which are due and have not been
remitted to the department by the due date shall have a late-collection fee of
ten percent, but not less than ((five)) twenty-five dollars,
added to the amount due when payment is finally made. The assessment of this
late collection fee shall not prevent the department from taking any other
action as provided for in this chapter.
(5) It shall be a misdemeanor for any person to
divulge any information provided under this section that would reveal the
business operation of the person making the report. However, nothing contained
in this subsection may be construed to prevent or make unlawful the use of
information concerning the business operations of a person in any action, suit,
or proceeding instituted under the authority of this chapter, including any
civil action for the collection of unpaid inspection fees, which action is hereby
authorized and which shall be as an action at law in the name of the director
of the department.
Sec. 8.
RCW 15.54.370 and 1987 c 45 s 16 are each amended to read as follows:
(1) It shall be the duty of the department to inspect,
sample, make analysis of, and test commercial fertilizers distributed within
this state at such time and place and to such an extent as it may deem
necessary to determine whether such fertilizers are in compliance with the
provisions of this chapter. The department is authorized to stop any
commercial vehicle transporting fertilizers on the public highways and direct
it to the nearest scales approved by the department to check weights of
fertilizers being delivered. The department is also authorized, upon
presentation of proper identification, to enter any distributor's premises,
including any vehicle of transport, at all reasonable times in order to have
access to commercial fertilizers and to records relating to their distribution.
(2) The methods of sampling and analysis shall
be those adopted by the department from officially recognized sources.
(3) The department, in determining for
administrative purposes whether a fertilizer is deficient in any component or
total nutrients, shall be guided solely by the official sample as defined in
RCW ((15.54.300)) 15.54.270 and obtained and analyzed as provided
for in this section.
(4) When the inspection and analysis of an
official sample has been made, the results of analysis shall be forwarded by
the department to the registrant or licensee and to the purchaser, if
known. Upon request and within thirty days, the department shall furnish to
the registrant or licensee a portion of the sample concerned.
(5) Analysis of an official sample by the
department shall be accepted as prima facie evidence by any court of competent
jurisdiction.
Sec. 9.
RCW 15.54.380 and 1987 c 45 s 17 are each amended to read as follows:
(1) If the analysis shall show that any
commercial fertilizer falls short of the guaranteed analysis in any one plant
nutrient or in total nutrients, penalty shall be assessed in favor of the
department in accordance with the following provisions:
(a) A penalty of three times the commercial
value of the deficiency, if such deficiency in any one plant nutrient is more
than two percent under guarantee on any one commercial fertilizer in which that
plant nutrient is guaranteed up to and including ten percent; a penalty of
three times the commercial value of the deficiency, if such deficiency in any
one plant nutrient is more than three percent under guarantee on any one
commercial fertilizer in which that plant nutrient is guaranteed from ten and
one-tenth percent to twenty percent; a penalty of three times the commercial
value of the deficiency, if such deficiency in any one plant nutrient is more
than four percent under guarantee on any one commercial fertilizer in which
that plant nutrient is guaranteed twenty and one-tenth percent and above.
(b) A penalty of three times the commercial
value of the total nutrient deficiency shall be assessed when such deficiency
is more than two percent under the calculated total nutrient guarantee.
(c) When a commercial fertilizer is subject to
penalty under both (a) and (b) above, only the larger penalty shall be
assessed.
(2) All penalties assessed under this section
on any one commercial fertilizer, represented by the sample analyzed, shall be
paid to the department within three months after the date of notice from the
department to the registrant or licensee. The department shall deposit
the amount of the penalty into the fertilizer, agricultural mineral and lime
account.
(3) Nothing contained in this section shall
prevent any person from appealing to a court of competent jurisdiction for a
judgment as to the justification of such penalties imposed under subsections
(1) and (2) above.
(4) The civil penalties payable in subsections
(1) and (2) above shall in no manner be construed as limiting the consumer's
right to bring a civil action in damage against the registrant or licensee
paying said civil penalties.
Sec. 10.
RCW 15.54.414 and 1987 c 45 s 21 are each amended to read as follows:
No person may distribute an adulterated
commercial fertilizer. A commercial fertilizer ((shall be deemed to be))
is adulterated:
(1) If it contains any deleterious or harmful
ingredient in sufficient amount to render it injurious to beneficial plant life
when applied in accordance with directions for use on the label, or if adequate
warning statements or directions for use which may be necessary to protect
plant life are not shown upon the label;
(2) If its composition falls below or differs
from that which it is purported to possess by its labeling; or
(3) If it contains unwanted viable seed.
Sec. 11.
RCW 15.54.420 and 1987 c 45 s 22 are each amended to read as follows:
It shall be unlawful for any person to:
(1) Distribute an adulterated or misbranded
commercial fertilizer;
(2) Fail, refuse, or neglect to place upon or
attach to each ((container)) package of distributed commercial
fertilizer a label containing all of the information required by this chapter;
(3) Fail, refuse, or neglect to deliver to a
purchaser of bulk commercial fertilizer a statement containing the information
required by this chapter; ((or))
(4) Distribute a ((brand or grade of
commercial)) packaged fertilizer product which has not been registered
with the department;
(5) Distribute bulk fertilizer without
holding a license to do so;
(6) Distribute unregistered packaged
fertilizer. It is the responsibility of the person who manufactures or
subsequently packages that fertilizer to register it prior to distribution in
this state;
(7) Refuse or neglect to keep and maintain
records, or to make reports when and as required; or
(8) Make false or fraudulent records,
invoices, or reports.
Sec. 12.
RCW 15.54.436 and 1987 c 45 s 24 are each amended to read as follows:
The department may cancel the license to
distribute commercial fertilizer or registration of any ((brand and
grade of commercial)) packaged fertilizer product or refuse
to license a distributor or register any ((brand and grade of
commercial)) packaged fertilizer product as provided in this
chapter((, upon satisfactory evidence that the registrant has used
fraudulent or deceptive practices in the evasion or attempted evasion of any
provision of this chapter or any rule adopted thereunder: PROVIDED, That no
registration may be revoked or refused until the registrant has been given the
opportunity to appear for a hearing by the department)) due to:
(1) An incomplete or insufficient license or
registration application;
(2) The misbranding or adulteration of a
commercial fertilizer; or
(3) A violation of this chapter or rules
adopted under this chapter.
If the department cancels or refuses to
renew an existing license or registration due to the misbranding or
adulteration of a commercial fertilizer or due to a violation of this chapter
or a rule adopted hereunder, the licensee/registrant or applicant may request a
hearing as provided for in chapter 34.05 RCW.
Sec. 13. RCW
15.54.470 and 1967 ex.s. c 22 s 35 are each amended to read as follows:
(1) Any person who violates any provision of
this chapter shall be guilty of a misdemeanor, and the fines collected shall be
disposed of as provided under RCW 15.54.480.
(2) Nothing in this chapter shall be considered
as requiring the department to report for prosecution or to cancel the
registration of a ((brand or grade)) packaged fertilizer product
or to stop the sale of fertilizers for violations of this chapter, when
violations are of a minor character, and/or when the department believes that
the public interest will be served and protected by a suitable notice of the
violation in writing.
(3) It shall be the duty of each prosecuting
attorney to whom any violation of this chapter is reported, to cause
appropriate proceedings to be instituted and prosecuted in a court of competent
jurisdiction without delay. Before the department reports a violation of this
chapter for such prosecution, an opportunity shall be given the distributor to
present his or her view in writing or orally to the department.
(4) The department is hereby authorized to
apply for, and the court authorized to grant, a temporary or permanent
injunction restraining any person from violating or continuing to violate any
of the provisions of this chapter or any rule ((or regulation promulgated))
adopted under this chapter, notwithstanding the existence of any other
remedy at law. Any such injunction shall be issued without bond.
Sec. 14.
RCW 15.54.800 and 1987 c 45 s 9 are each amended to read as follows:
(1) The director shall administer and enforce
the provisions of this chapter and any rules adopted under this chapter. All
authority and requirements provided for in chapter((s)) 34.05 ((and
42.32)) RCW apply to this chapter in the adoption of rules.
(2) The director may adopt appropriate rules
for carrying out the purpose and provisions of this chapter, including but not
limited to rules providing for:
(a) Definitions of terms;
(b) Determining standards for labeling and
registration of fertilizers and agricultural minerals and limes;
(c) The collection and examination of
fertilizers and agricultural mineral and limes;
(d) Recordkeeping by registrants and
licensees;
(e) Regulation of the use and disposal of
fertilizers for the protection of ground water and surface water; and
(f) The safe handling, transportation, storage,
display, and distribution of fertilizers.
NEW SECTION. Sec. 15. The
following acts or parts of acts are each repealed:
(1) RCW
15.54.272 and 1987 c 45 s 2 & 1967 ex.s. c 22 s 2;
(2) RCW
15.54.274 and 1967 ex.s. c 22 s 3;
(3) RCW
15.54.276 and 1987 c 45 s 3 & 1967 ex.s. c 22 s 4;
(4) RCW
15.54.278 and 1967 ex.s. c 22 s 5;
(5) RCW
15.54.280 and 1987 c 45 s 4 & 1967 ex.s. c 22 s 6;
(6) RCW
15.54.281 and 1987 c 45 s 6;
(7) RCW
15.54.282 and 1967 ex.s. c 22 s 7;
(8) RCW
15.54.284 and 1967 ex.s. c 22 s 8;
(9) RCW
15.54.286 and 1967 ex.s. c 22 s 9;
(10) RCW
15.54.288 and 1967 ex.s. c 22 s 10;
(11) RCW
15.54.290 and 1967 ex.s. c 22 s 11;
(12) RCW
15.54.292 and 1967 ex.s. c 22 s 12;
(13) RCW
15.54.294 and 1967 ex.s. c 22 s 13;
(14) RCW
15.54.296 and 1967 ex.s. c 22 s 14;
(15) RCW
15.54.297 and 1987 c 45 s 5;
(16) RCW
15.54.298 and 1967 ex.s. c 22 s 15;
(17) RCW
15.54.300 and 1967 ex.s. c 22 s 16;
(18) RCW
15.54.302 and 1967 ex.s. c 22 s 17;
(19) RCW
15.54.304 and 1967 ex.s. c 22 s 18;
(20) RCW
15.54.306 and 1987 c 45 s 7;
(21) RCW
15.54.307 and 1987 c 45 s 8; and
(22) RCW
15.54.320 and 1987 c 45 s 11 & 1967 ex.s. c 22 s 20.
