HOUSE BILL REPORT
SSB 5144
As Amended by the House
BYSenate Committee on Agriculture (originally sponsored by Senators Hansen, Barr and Gaspard; by request of Department of Agriculture)
Modifying regulation of fertilizers and pesticides.
House Committe on Agriculture & Rural Development
Majority Report: Do pass with amendments. (13)
Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Baugher, Brooks, Chandler, Doty, Grant, Holm, Jacobsen, McLean, Moyer, Nealey and Rasmussen.
House Staff:Kenneth Hirst (786-7104)
AS PASSED HOUSE APRIL 1, 1987
BACKGROUND:
FERTILIZERS. The Commercial Fertilizer Act requires that, with certain exceptions, each brand and grade of commercial fertilizer be registered by the Department of Agriculture before being distributed in the state. The act establishes labeling requirements, including those for the "guaranteed analysis" of the fertilizer, and prohibits the distribution of misbranded commercial fertilizers. The department has the general authority to administer and enforce the act and to adopt rules to carry out its purpose.
PESTICIDES. The Washington Pesticide Control Act is administered by the Department of Agriculture. With certain exceptions, the act requires every pesticide distributed within the state to be registered annually with the director. The act also requires pesticide dealers, dealer managers, and consultants to be licensed.
The Washington Pesticide Application Act is also administered by the department. With certain exceptions, each person who commercially applies pesticides to the lands of others must be licensed as a pesticide applicator. A person employed by an applicator who applies pesticides must be licensed as a pesticide operator.
SUMMARY:
FERTILIZERS. A civil penalty is established for violations of the Commercial Fertilizer Act or rules adopted under the act and for aiding or abetting in such a violation. The penalty is in an amount determined by the director of Agriculture which is not more than $1,000 per violation. Current law is altered which establishes a penalty for the failure of a fertilizer to satisfy its "guaranteed analysis" and which bases the size of the penalty on the commercial value of the fertilizer. The commercial value for the purposes of the penalty is the value listed by the Department of Agriculture by rule (rather than, under current law, as determined by the department from the registrant's sales invoices). The distribution of an adulterated commercial fertilizer is prohibited.
Guidance is provided to the director for the adoption of rules to carry out the act. Among the rules to be adopted are those regulating the use and disposal of fertilizers for the protection of surface water and groundwater and providing for the safe handling, transportation, storage, display, and distribution of fertilizers. The department is expressly authorized to require information beyond that specified by statute to be supplied with an application for the registration of a fertilizer and to be contained on the label of a fertilizer.
Various definitions in the Commercial Fertilizer Act are modified. Animal or vegetable manures which have not been processed or treated in any manner (including drying to a moisture content of less than 30 percent) are exempted from the definition of a commercial fertilizer, and, therefore, from regulation under much of the act, as are other products identified by the department by rule. Labeling is defined to include radio and television announcements used to promote the sale of a fertilizer.
The current provision of law requiring that each brand and grade of commercial fertilizer be registered is amended to clarify that it must be registered by the person whose name appears on the label or by that person's agent. Bulk commercial fertilizer shall be registered by each person distributing the fertilizer.
The department may cancel the registration of any brand and grade of commercial fertilizer or refuse to register any brand or grade upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasion or attempted evasion of any provision of the act or rule adopted under the act. Current law is amended which permits the department to issue and enforce a "stop sale or use" or removal order to the owner or custodian of commercial fertilizer. The order may be issued when the department has a reasonable cause to believe (rather than when the department finds) that the fertilizer is being offered for sale in violation of the act.
PESTICIDES. It is unlawful under the Pesticide Control Act for any person to make false, misleading, or erroneous statements or reports concerning any pest during or after a structural pest inspection.
The director shall adopt rules under the Pesticide Application Act establishing testing procedures, licensing classifications, and requirements for licenses and permits. The director shall also adopt rules fixing examination fees. (References in current law to $5 examination fees are repealed.)
A pesticide applicator is no longer required to keep records identifying the person or firm who supplied the pesticides applied by the applicator.
Fiscal Note: Attached.
House Committee ‑ Testified For: Errett Deck, Western Agricultural Chemical Association; Mike Schwisow, Department of Agriculture.
House Committee - Testified Against: None Presented.
House Committee - Testimony For: (1) The bill implements national model legislation. (2) It requires the director to adopt rules to help protect groundwater from contamination by fertilizers. One of the first rules to be adopted would establish requirements for equipment used to pump well water, irrigate, and apply fertilizer in one operation which would prevent the back-flushing of the fertilizer into the well and its aquifer. (3) The provisions regarding pest consultants would assist the department in stopping consumer fraud regarding structural inspections. (4) The bill would streamline reporting requirements and clarify provisions regarding bulk fertilizers.
House Committee - Testimony Against: None Presented.