SENATE BILL REPORT

                   SB 5800

              As Reported By Senate Committee On:

    Agriculture & Rural Economic Development, March 3, 1999

Title:  An act relating to the two‑year registration of fertilizer products and the immediate stop sale, stop use, withdrawal from distribution, and seizure of unlawful commercial fertilizers.

Brief Description:  Regulating commercial fertilizer.

Sponsors:  Senator Rasmussen; by request of Department of Agriculture.

Brief History:

Committee Activity:  Agriculture & Rural Economic Development:  2/15/99, 3/3/99 [DPS].

SENATE COMMITTEE ON AGRICULTURE & RURAL ECONOMIC DEVELOPMENT

Majority Report:  That Substitute Senate Bill No. 5800 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Rasmussen, Chair; T. Sheldon, Vice Chair; Gardner, Honeyford, Morton, Prentice, Stevens and Swecker.

Staff:  David Johnson (786-7754)

Background:  Enacted last year, the Fertilizer Regulation Act established comprehensive regulation of fertilizer content.  However, it has become apparent to some that the enforcement provisions of the act hamper the Department of Agriculture's efforts to act quickly and efficiently.  Also, the complexity of the registration process has slowed processing by the department.

Summary of Substitute Bill:  The department may issue statewide orders to immediately stop use or distribution of fertilizers that are not registered in the state, or fail to meet metal standards.  Such fertilizer may be seized upon order of a court.  Those responsible for noncompliant fertilizers must bear the costs of disposal or an agreed alternative disposition.

Fertilizer registrations are valid for two years.

Substitute Bill Compared to Original Bill:  Some restrictions on misbranded fertilizers are removed.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  The bill contains an emergency clause and takes effect on July 1, 1999.

Testimony For:  Statewide enforcement orders will make enforcement more effective and less difficult.  A two-year registration cycle will speed up processing of registration applicants.

Testimony Against:  Language describing problems with fertilizer is too inflammatory.  There is no compensation for department actions that turn out to be in error.  The term Alot@ is too vague and should be defined.

Testified:  Mary Beth Lang, Ted Maxwell, Dept. of Agriculture (pro); Dan Coyne, FarWest Fertilizer (pro with concerns).