S-1966

AN ACT Relating to commercial soil amendments; amending RCW 15.54.270, 15.54.275, 15.54.325, 15.54.340, 15.54.436, 15.54.800, and 70.95.240; and adding a new section to chapter 70.95 RCW.

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

Sec. 1. RCW 15.54.270 and 1993 c 183 s 1 are each amended to read as follows:

Terms used in this chapter have the meaning given to them in this chapter unless the context clearly indicates otherwise.

(1) "Brand" means a term, design, or trademark used in connection with the distribution and sale of one or more grades of commercial fertilizers.

(2) "Bulk fertilizer" means commercial fertilizer distributed in a nonpackage form such as, but not limited to, tote bags, tote tanks, bins, tanks, trailers, spreader trucks, and railcars.

(3) "Calcium carbonate equivalent" means the acid-neutralizing capacity of an agricultural liming material expressed as a weight percentage of calcium carbonate.

(4) "Commercial fertilizer" means a substance containing one or more recognized plant nutrients and that is used for its plant nutrient content or that is designated for use or claimed to have value in promoting plant growth, and shall include limes, gypsum, and manipulated animal and vegetable manures. It also means a substance that is generated as a by-product from the manufacturing of wood products and that is intended to improve the physical characteristics of the soil. It does not include unmanipulated animal and vegetable manures and other products exempted by the department by rule.

(5) "Customer-formula fertilizer" means a mixture of commercial fertilizer or materials of which each batch is mixed according to the specifications of the final purchaser.

(6) "Department" means the department of agriculture of the state of Washington or its duly authorized representative.

(7) "Director" means the director of the department of agriculture.

(8) "Distribute" means to import, consign, manufacture, produce, compound, mix, or blend commercial fertilizer, or to offer for sale, sell, barter, exchange, or otherwise supply commercial fertilizer in this state.

(9) "Distributor" means a person who distributes.

(10) "Grade" means the percentage of total nitrogen, available phosphoric acid, and soluble potash stated in whole numbers in the same terms, order, and percentages as in the "guaranteed analysis," unless otherwise allowed by a rule adopted by the department. Specialty fertilizers may be guaranteed in fractional units of less than one percent of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or potash. Fertilizer materials, bone meal, manures, and similar materials may be guaranteed in fractional units.

(11) "Guaranteed analysis."

(a) Until the director prescribes an alternative form of "guaranteed analysis" by rule the term "guaranteed analysis" shall mean the minimum percentage of plant nutrients claimed in the following order and form:

Total nitrogen (N) ......... percent

Available phosphoric acid (P205) percent

Soluble potash (K20) .... percent

The percentage shall be stated in whole numbers unless otherwise allowed by the department by rule.

The "guaranteed analysis" may also include elemental guarantees for phosphorus (P) and potassium (K).

(b) For unacidulated mineral phosphatic material and basic slag, bone, tankage, and other organic phosphatic materials, the total phosphoric acid or degree of fineness may also be guaranteed.

(c) Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium shall be as allowed or required by rule of the department. The guarantees for such other nutrients shall be expressed in the form of the element.

(d) The guaranteed analysis for limes shall include the percentage of calcium or magnesium expressed as their carbonate; the calcium carbonate equivalent as determined by methods prescribed by the association of official analytical chemists; and the minimum percentage of material that will pass respectively a one hundred mesh, sixty mesh, and ten mesh sieve. The mesh size declaration may also include the percentage of material that will pass additional mesh sizes.

(e) In commercial fertilizer, the principal constituent of which is calcium sulfate (gypsum), the percentage of calcium sulfate (CaS04.2H20) shall be given along with the percentage of total sulfur.

(f) The guaranteed analysis for wood by-products must include the name and percentage of each soil amending ingredient and the total percentage of all other ingredients.

(12) "Label" means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a fertilizer.

(13) "Labeling" includes all written, printed, or graphic matter, upon or accompanying a commercial fertilizer, or advertisement, brochures, posters, television, and radio announcements used in promoting the sale of such fertilizer.

(14) "Licensee" means the person who receives a license to distribute a fertilizer under the provisions of this chapter.

(15) "Lime" means a substance or a mixture of substances, the principal constituent of which is calcium or magnesium carbonate, hydroxide, or oxide, singly or combined.

(16) "Manipulation" means processed or treated in any manner, including drying to a moisture content less than thirty percent.

(17) "Manufacture" means to compound, produce, granulate, mix, blend, repackage, or otherwise alter the composition of fertilizer materials.

(18) "Official sample" means a sample of commercial fertilizer taken by the department and designated as "official" by the department.

(19) "Packaged fertilizer" means commercial fertilizers, either agricultural or specialty, distributed in nonbulk form.

(20) "Person" means an individual, firm, brokerage, partnership, corporation, company, society, or association.

(21) "Percent" or "percentage" means the percentage by weight.

(22) "Registrant" means the person who registers commercial fertilizer under the provisions of this chapter.

(23) "Specialty fertilizer" means a commercial fertilizer distributed primarily for nonfarm use, such as, but not limited to, use on home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries.

(24) "Ton" means the net weight of two thousand pounds avoirdupois.

(25) "Total nutrients" means the sum of the percentages of total nitrogen, available phosphoric acid, and soluble potash as guaranteed and as determined by analysis.

Sec. 2. RCW 15.54.275 and 1993 c 183 s 2 are each amended to read as follows:

(1) No person may distribute a commercial fertilizer in this state, except packaged fertilizers, until a license to distribute has been obtained by that person. An annual license is required for each out-of-state or in-state location that distributes nonpackaged commercial fertilizer in Washington state. An application for each location shall be filed on forms provided by the master license system and shall be accompanied by an annual fee of twenty-five dollars per location. The license shall expire on the master license expiration date.

(2) An application for license shall include the following:

(a) The name and address of licensee.

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

(3) The name and address shown on the license shall be shown on all labels, pertinent invoices, and storage facilities for fertilizer distributed by the licensee in this state.

(4) Prior to issuance of a license to distribute commercial fertilizer for material that is defined as solid waste under RCW 70.95.030, the department shall obtain written approval from the department of ecology. The department of ecology shall issue written approval, as provided in section 8 of this act, when it finds that the material characteristics and management methods will not pose unacceptable hazards to human health and the environment.

(5) If an application for license renewal provided for in this section is not filed prior to ((~~[the]~~)) the master license expiration date, a delinquency fee of twenty-five dollars shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued. The assessment of this delinquency 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 license.

Sec. 3. RCW 15.54.325 and 1993 c 183 s 3 are each amended to read as follows:

(1) No person may distribute in this state a packaged fertilizer until it is registered with the department by the distributor whose name appears on the label. An application for each packaged fertilizer product shall be made on a form furnished by the department and shall be accompanied by an initial fee of twenty-five dollars for the first product and ten dollars for each additional product. Labels for each product shall accompany the application. All companies planning to mix packaged 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. Upon the approval of an application by the department, a copy of the registration shall be furnished to the applicant. All registrations expire on June 30th of each year except that for the period beginning January 1, 1994, the registration shall expire on June 30, 1995.

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

(a) The product name;

(b) The brand and grade;

(d) Name and address of the registrant;

(e) Labels for each product being registered;

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

(3) Prior to the registration of a commercial fertilizer that is defined as solid waste under RCW 70.95.030, the department shall obtain written approval from the department of ecology. The department of ecology shall issue written approval, as provided in section 8 of this act, when it finds that the material characteristics and management methods will not pose unacceptable hazards to human health and the environment.

(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.

Sec. 4. RCW 15.54.340 and 1993 c 183 s 5 are each amended to read as follows:

(1) Any packaged fertilizer distributed in this state in containers shall have placed on or affixed to the package a label setting forth in clearly legible and conspicuous form the following information:

(a) The net weight;

(b) The product name, brand, and grade. The grade is not required if no primary nutrients are claimed;

(d) The name and address of the registrant or licensee. The name and address of the manufacturer, if different from the registrant or licensee, may also be stated; ((~~and~~))

(e) For wood by-products intended to improve the physical characteristics of the soil, the label must include the purpose of the product and directions for application; and

(f) Other information as required by the department by rule.

(2) If a commercial fertilizer is distributed in bulk, a written or printed statement of the information required by subsection (1) above shall accompany delivery and be supplied to the purchaser at the time of delivery.

(3) Each delivery of a customer-formula fertilizer shall be subject to containing those ingredients specified by the purchaser, which ingredients shall be shown on the statement or invoice with the amount contained therein, and a record of all invoices of customer-formula grade mixes shall be kept by the registrant or licensee for a period of twelve months and shall be available to the department upon request: PROVIDED, That each such delivery shall be accompanied by either a statement, invoice, a delivery slip, or a label if bagged, containing the following information: The net weight; the brand; the guaranteed analysis which may be stated to the nearest tenth of a percent or to the next lower whole number; the name and address of the registrant or licensee, or manufacturer, or both; and the name and address of the purchaser.

Sec. 5. RCW 15.54.436 and 1993 c 183 s 12 are each amended to read as follows:

The department may cancel the license to distribute commercial fertilizer or registration of any packaged fertilizer product or refuse to license a distributor or register any packaged fertilizer product as provided in this chapter due to:

(1) An incomplete or insufficient license or registration application;

(2) The misbranding or adulteration of a commercial fertilizer; ((or))

(3) A violation of this chapter or rules adopted under this chapter; or

(4) Evidence of unacceptable hazards to human health or the environment that were not known during the approval process specified in RCW 15.54.275(4) and 15.54.325(3).

If the department cancels or refuses to renew an existing license or registration due to the misbranding or adulteration of a commercial fertilizer or due to a violation of this chapter or a rule adopted hereunder, the licensee/registrant or applicant may request a hearing as provided for in chapter 34.05 RCW.

Sec. 6. RCW 15.54.800 and 1993 c 183 s 14 are each amended to read as follows:

(1) The director shall administer and enforce the provisions of this chapter and any rules adopted under this chapter. All authority and requirements provided for in chapter 34.05 RCW apply to this chapter in the adoption of rules.

(2) The director may adopt appropriate rules for carrying out the purpose and provisions of this chapter, including but not limited to rules providing for:

(a) Definitions of terms;

(b) Determining standards for labeling and registration of commercial fertilizers ((~~and agricultural minerals and limes~~));

(d) Recordkeeping by registrants and licensees;

(e) Regulation of the use and disposal of commercial fertilizers for the protection of ground water and surface water; and

(f) The safe handling, transportation, storage, display, and distribution of commercial fertilizers.

Sec. 7. RCW 70.95.240 and 1993 c 292 s 3 are each amended to read as follows:

(1) After the adoption of regulations or ordinances by any county, city, or jurisdictional board of health providing for the issuance of permits as provided in RCW 70.95.160, it shall be unlawful for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or under the surface of the ground or into the waters of this state except at a solid waste disposal site for which there is a valid permit. This section shall not:

(a) Prohibit a person from dumping or depositing solid waste resulting from his own activities onto or under the surface of ground owned or leased by him when such action does not violate statutes or ordinances, or create a nuisance; or

(b) Apply to a person using solid wastes on the land as a commercial fertilizer under the licensing requirements of chapter 15.54 RCW if the department has issued written approval as provided in section 8 of this act.

(2)(a) It is a class 3 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

(b) It is a class 1 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot. Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of twenty-five dollars per cubic foot of litter. The court may, in addition to or in lieu of part or all of the cleanup fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.

NEW SECTION. Sec. 8. A new section is added to chapter 70.95 RCW to read as follows:

The department shall issue written approval to the department of agriculture that a material defined as solid waste in RCW 70.95.030 should be issued a commercial fertilizer license under RCW 15.54.275, or registered as packaged fertilizer under RCW 15.54.325, if the material characteristics and management methods will not pose unacceptable hazards to human health and the environment. The written approval must certify, to the degree practicable, that the use of the material as a commercial fertilizer is consistent with the following:

(1) The biosolids standards set forth in rule or guidance under chapter 70.95J RCW, municipal sewage sludge;

(2) Chapter 70.105D RCW, model toxics control act;

(3) Chapter 90.48 RCW, water pollution control;

(4) Chapter 70.94 RCW, Washington clean air act; and

(5) Other factors intended to protect human health and the environment.