SENATE BILL REPORT

SSB 5144

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

Senate Hearing Date(s):January 29, 1987; February 5, 1987

Majority Report:  That Substitute Senate Bill No. 5144 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Hansen, Chairman; Bauer, Vice Chairman; Anderson, Bailey, Barr, Gaspard.

Senate Staff:Tom McDonald (786-7404)

                  April 2, 1987

House Committe on Agriculture & Rural Development

AS PASSED SENATE, FEBRUARY 23, 1987

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no amendments to the Fertilizer Act, and as the fertilizer industry has progressed and developed, the Act has become outdated and cumbersome to administer.  Concerns of ground water contamination and enforcement of the provisions have also arisen.  The provisions must be updated and clarified to allow for better administration by the Department and to be in uniform with the American Association of Plant Food Control Officials (AAPFCO) Uniform Fertilizer Bill, which several states have adopted.  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 are not allowed to 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, may 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.  The Pesticide Advisory Committee shall have one member to represent the public interest.

Fiscal Note:      none requested

Senate Committee - Testified: Mike Schwisow, Dept. of Agriculture; Art Losey, Dept. of Agriculture; Bob Lee, Dept. of Agriculture; Errett Deck, Western Agricultural Chemicals Association; Larry Rusin, Washington Pest Control Operators Association; Ray Nelson, rancher

HOUSE AMENDMENT:

The Pesticide Advisory Committee is not required to include a member specifically to represent the public interest.