FINAL BILL REPORT

SSB 5144

                                   C 45 L 87

BYSenate Committee on Agriculture (originally sponsored by Senators Hansen, Barr and Gaspard; by request of Department of Agriculture)

Modifying regulation of fertilizers and pesticides.

Senate Committee on Agriculture

House Committe on Agriculture & Rural Development

SYNOPSIS AS ENACTED

BACKGROUND:

The Department of Agriculture administers and enforces the Commercial Fertilizer Act and the Washington Pesticide Application Act.  Since 1967 there have been no amendments to the Fertilizer Act, and as the fertilizer industry has progressed and developed, the Act has become outdated and cumbersome to administer.  To conform to the American Association of Plant Food Control Officials (AAPFCO) Uniform Fertilizer Bill, provisions of the Act need updating and clarification.  Further, contemporary issues, including ground water contamination, need to be addressed.

SUMMARY:

The provisions and definitions of the Commercial Fertilizer Act are updated in keeping with the AAPFCO Uniform Fertilizer Bill.  The Director of the Department of Agriculture has authority to adopt rules for administering the Act, including regulation of the use and disposal of fertilizer for the protection of ground and surface water.  A civil penalty of up to $1,000 may be imposed on persons failing to comply with the chapter, or rules adopted under it.  Requirements for labeling, reporting, registration of brands and inspection fees are clarified.

Misbranded or adulterated fertilizer may not be sold, and if there is reasonable cause to believe the sale of fertilizer is violating any provisions, the Department may take control over the fertilizer and, after a hearing, cancel the registration of that brand.

Under the Washington Pesticide Application Act, the Director of the Department of Agriculture has authority to adopt rules fixing and collecting examination fees and establishing the testing procedures, licensing classifications and requirements for licenses and permits.

Pesticide applicators need not keep records on the person who supplied the pesticide which was applied.

VOTES ON FINAL PASSAGE:

      Senate    48     0

      House 95   0 (House amended)

      Senate    44     0 (Senate concurred)

EFFECTIVE:July 26, 1987