WSR 03-19-125

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed September 17, 2003, 9:56 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-13-114.

Title of Rule: WAC 16-200-715 Fertilizer labels.

Purpose: To require a label statement referring people to the department's uniform resource location (URL or web address) where data regarding the metals content of the product is located.

Statutory Authority for Adoption: Chapters 15.54 and 34.05 RCW.

Statute Being Implemented: RCW 15.54.340.

Summary: The proposed language gives fertilizer registrants four options for label language that will direct people to the department's web address.

Reasons Supporting Proposal: Chapter 15, Laws of 2003 (HB 1117) amends RCW 15.54.340(f) by requiring the department to adopt, in rule, a statement on a fertilizer label referring people to the department's uniform resource location (URL or web address) where data regarding the metals content of the product is located. Before HB 1117 was enacted, the department's URL was contained [in] RCW 15.54.340(f); now it must be in rule.

The department is proposing adoption of four options, three of which are currently in RCW 15.54.340(f) with the only change to those three being the citation of the new URL. In addition, the department is proposing adoption of a fourth option that would cite the Association of American Plant Food Control Official's (AAPFCO) website, which in turn would direct persons to the department's website. Language allowing this fourth option has been permanently adopted by AAPFCO.

In order to mitigate any potential adverse economic impact upon the regulated industry, the department will allow industry to continue to use, until June 30, 2006, the URL that was in RCW 15.54.340(f) before it was amended.

Name of Agency Personnel Responsible for Drafting and Implementation: Ted Maxwell, Olympia, (360) 902-2026; and Enforcement: Ali Kashani, Olympia, (360) 902-2028.

Name of Proponent: Department of Agriculture, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Reasons Supporting Proposal above.

Proposal Changes the Following Existing Rules: It adds an additional labeling requirement to WAC 16-200-715. However, this requirement currently exists in statute (RCW 15.53.340(f)).

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department conducted an economic impact survey to assess the potential cost impact of the proposal. The department has concluded that the average new cost of thirty-seven cents per hundred dollars of sales imposed by the proposal is not a "more than minor cost." A small business economic impact statement (SBEIS) is not required.

RCW 34.05.328 does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in RCW 34.05.328 (5)(a)(i).

Hearing Location: Washington State University, Thurston County Cooperative Extension, 720 Sleater Kinney Road S.E., Suite Y, Lacey, WA 98503, on October 27, 2003, at 6:00 p.m.

Assistance for Persons with Disabilities: Contact

Laurie Mauerman by October 13, 2003, TDD (360) 902-1996.

Submit Written Comments to: Laurie Mauerman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, e-mail lmauerman@agr.wa.gov, fax (360) 902-2093, by 5:00 p.m., October 27, 2003.

Date of Intended Adoption: December 1, 2003.

September 17, 2003

Bob Arrington

Assistant Director

OTS-6658.1


AMENDATORY SECTION(Amending Order 1952, filed 9/17/87)

WAC 16-200-715   Fertilizer labels.   The following information, in the format presented, is the minimum information required for all fertilizer labels. For packaged products, this information shall either appear on the front or back of the package; or occupy at least the upper-third side of the package; or be printed on a tag and attached to the package. This information shall be in a readable and conspicuous form. For bulk products, this same information in written or printed form shall accompany delivery and be supplied to the purchaser at time of delivery.

(1) Net weight.

(2) Brand.

(3) Grade (provided that the grade shall not be required when no primary nutrients are claimed.)

(4) Guaranteed analysis*

Total Nitrogen (N)** . . . . . . . . . . . . ___%
___% ammoniacal nitrogen
___% nitrate nitrogen
___% water insoluble nitrogen
___% urea nitrogen
___% (other recognized and determined

forms of N)

Available Phosphoric Acid (P2O5) . . . . . . . . . . . . ___%
Soluble Potash (K2O) . . . . . . . . . . . . ___%
(Other nutrients, elemental basis)*** . . . . . . . . . . . . ___%
(5) Sources of nutrients guaranteed on the label shall be listed below the completed guaranteed analysis statement.

(6) Name and address of registrant.

(7) At a minimum, one of the following label statements:

(a) "Information received by the Washington state department of agriculture regarding the components in this product is available on the Internet at http://agr.wa.gov."

Through June 30, 2006, you may use the following label statement: "Information received by the Washington state department of agriculture regarding the components in this product is available on the Internet at http://www.wa.gov/agr/."

(b) "Information regarding the contents and levels of metals in this product is available on the Internet at http://agr.wa.gov."

Through June 30, 2006, you may use the following label statement: "Information regarding the contents and levels of metals in this product is available on the Internet at http://www.wa.gov/agr/."

(c) "Information regarding the contents and levels of metals in this product is available on the Internet at http://www.regulatory-info-xx.com."

Each registrant must substitute a unique alphanumeric identifier for "xx." This statement may be used only if the registrant establishes and maintains the Internet site and the Internet site meets the following criteria:

(i) There is no advertising or company-specific information on the site; and

(ii) There is a clearly visible, direct hyperlink to the department's Internet site specified in (a) and (b) of this subsection.

(d) "Information regarding the contents and levels of metals in this product is available on the Internet at: "http://www.aapfco.org/metals.htm."

Note: The department's Uniform Resource Locator (URL) changed in 2003, thus requiring a revision to the labeling statements required in subsection (7)(a) and (b) of this section. (The new URL is "http://agr.wa.gov." The old URL was "http://www.wa.gov/agr.") In order for companies to deplete existing stocks and revise labels, the department will allow either URL to be referenced on labels distributed through June 30, 2006. During this "phase-in" period, the department will maintain a redirect link to ensure that people are directed to the appropriate website when they enter the old URL. Beginning July 1, 2006, all labels distributed in Washington using the statement in subsection (7)(a) or (b) of this section must include the new URL.

* Zero guarantees shall not be made and shall not appear in the statement.
** If chemical forms of nitrogen are claimed or required, the form shall be shown and the percentages of the individual forms shall add up to the total nitrogen percentage.
*** As prescribed by WAC 16-200-711.

[Statutory Authority: Chapter 15.54 RCW. 87-19-097 (Order 1952), 16-200-715, filed 9/17/87.]

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