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               ENGROSSED SUBSTITUTE SENATE BILL 5866

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State of Washington      56th Legislature     1999 Regular Session

By Senate Committee on Environmental Quality & Water Resources (originally sponsored by Senators Fraser, Prentice, Kline and Kohl‑Welles; by request of Department of Agriculture)

Read first time 03/03/99.

Eliminating component registration of fertilizer products. 

    AN ACT Relating to eliminating component registration of fertilizer products; amending RCW 15.54.325; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 15.54.325 and 1998 c 36 s 4 are each amended to read as follows:

    (1) No person may distribute in this state a commercial fertilizer until it has been registered with the department by the producer, importer, or packager of that product.  A bulk fertilizer does not require registration if all commercial fertilizer products contained in the final product are registered.

    (2) An application for registration shall be made on a form furnished by the department and shall be accompanied by a fee of twenty-five dollars for each product.  Labels for each product shall accompany the application.  All companies planning to mix 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.

    (3) An application for registration shall include the following:

    (a) The product name;

    (b) The brand and grade;

    (c) The guaranteed analysis;

    (d) Name, address, and phone number of the registrant;

    (e) Labels for each product being registered;

    (f) Identification of those products that are (i) waste-derived fertilizers, (ii) micronutrient fertilizers, or (iii) fertilizer materials containing phosphate;

    (g) ((Identification of the fertilizer components in the commercial fertilizer product and verification that all the components are registered.  If any of the components are not registered, then the application must include)) The concentration of each metal, for which standards are established under RCW 15.54.800, in each ((fertilizer component, for which standards are established under RCW 15.54.800)) product being registered;

    (h) Waste-derived fertilizers and micronutrient fertilizers shall include at a minimum, information to ensure the product complies with chapter 70.105 RCW and the resource conservation and recovery act, 42 U.S.C. Sec. 6901 et seq.; and

    (i) Any other information required by the department by rule.

    (4) 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.

NEW SECTION. Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999.

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