AN
ACT Relating to registration fees, stop sale and use, seizure, and disposal of
commercial fertilizer; amending RCW 15.54.325, 15.54.330, 15.54.440, and
15.54.450; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
15.54.325 and 1998 c 36 s 4 are each amended to read as follows:
(1)
No person may distribute in this state a commercial fertilizer until it has
been registered with the department by the producer, importer, or packager of
that product. A bulk fertilizer does not require registration if all
commercial fertilizer products contained in the final product are registered.
(2)
An application for registration shall be made on a form furnished by the
department and shall ((be accompanied by a fee of twenty-five dollars for
each product. Labels for each product shall accompany the application. All
companies planning to mix 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.
(3)
An application for registration shall)) include the following:
(a)
The product name;
(b)
The brand and grade;
(c)
The guaranteed analysis;
(d)
Name, address, and phone number of the registrant;
(e)
Labels for each product being registered;
(f)
Identification of those products that are (i) waste-derived fertilizers, (ii)
micronutrient fertilizers, or (iii) fertilizer materials containing phosphate;
(g)
Identification of the fertilizer components in the commercial fertilizer
product and verification that all the components are registered. If any of the
components are not registered, then the application must include the
concentration of each metal in each fertilizer component, for which standards
are established under RCW 15.54.800;
(h)
Waste-derived fertilizers and micronutrient fertilizers shall include at a
minimum, information to ensure the product complies with chapter 70.105 RCW and
the resource conservation and recovery act, 42 U.S.C. Sec. 6901 et seq.; and
(i)
Any other information required by the department by rule.
(((4)))
(3) All companies planning to mix 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.
(4)
All registrations issued by the department for registrants whose names begin
with the letters A through M expire on June 30th of even-numbered years and all
registrations issued by the department for registrants whose names begin with
the letters N through Z expire on June 30th of odd-numbered years, unless
otherwise specified in rule adopted by the director.
(5)
An application for registration shall be accompanied by a fee of fifty dollars
for each product, except that an applicant whose registration expires in
even-numbered years shall pay a fee of twenty-five dollars for each product for
the registration period ending June 30, 2000.
(6) If an application for renewal of the product
registration provided for in this section is not filed prior to July 1st of ((any
one)) the registration renewal year, a ((penalty)) late
fee 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)) late fee 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.
2. RCW
15.54.330 and 1998 c 36 s 5 are each amended to read as follows:
(1)
The department shall examine the commercial fertilizer product registration
application form and labels for conformance with the requirements of this
chapter. If the application and appropriate labels are in proper form and
contain the required information, the particular commercial fertilizer products
shall be registered by the department and a certificate of registration shall
be issued to the applicant. ((All registrations expire June 30th of each
year.))
(2)
In reviewing the commercial fertilizer product registration application, the
department may consider experimental data, manufacturers' evaluations, data
from agricultural experiment stations, product review evaluations, or other
authoritative sources to substantiate labeling claims. The data shall be from
statistically designed and analyzed trials representative of the soil, crops,
and climatic conditions found in the northwestern area of the United States.
(3)
In determining whether approval of a labeling statement or guarantee of an
ingredient is appropriate, the department may require the submission of a
written statement describing the methodology of laboratory analysis utilized,
the source of the ingredient material, and any reference material relied upon
to support the label statement or guarantee of ingredient.
(4)
Before registering a waste-derived fertilizer or micronutrient fertilizer, the
department shall obtain written approval from the department of ecology as
provided in RCW ((15.54.800)) 15.54.820. Once a waste-derived
fertilizer or micronutrient fertilizer has been approved by the department of
ecology, its subsequent use in another product during that registration cycle
shall not require department of ecology review. This subsection shall apply to
new and renewal registration applications for periods beginning July 1, 1999,
and thereafter.
Sec.
3. RCW
15.54.440 and 1987 c 45 s 23 are each amended to read as follows:
(1)
Commercial fertilizers that are not registered in Washington state or that fail
to meet the Washington standards for total metals pose an emergency situation
because they may contain certain metals at levels which are harmful to
Washington soils and plants and may contain substances which are harmful to the
public without its knowledge. Commercial fertilizers that are not registered
or that fail to meet the Washington standards for total metals are subject to
immediate stop sale, stop use, or withdrawal from distribution in this state
and seizure, disposal, or both.
(2)
The department may issue and enforce a written ((or printed)) "stop
sale," "stop use," or ((removal)) "withdrawal
from distribution" order to the distributor, owner, or
custodian of any lot of commercial fertilizer to hold ((said)) the
commercial fertilizer at a designated place when the department has reasonable
cause to believe such fertilizer is being offered or exposed for sale in
violation of any of the provisions of this chapter((, until this chapter has
been complied with and said commercial fertilizer is released by order in
writing of the department)).
(3)
The department may issue and enforce a written immediate "stop sale,"
"stop use," or "withdrawal from distribution" order to any
distributor, owner, or custodian of commercial fertilizer in the state for any
commercial fertilizer that:
(a)
Is not registered in Washington state; or
(b)
According to the department, fails to meet the Washington standards for total
metals, as established in RCW 15.54.800 or the rules adopted under this
chapter.
(4)
The department shall release the commercial fertilizer ((so withdrawn)) stopped
or withdrawn under subsection (2) or (3) of this section when the distributor,
owner, or custodian has complied with the provisions of this chapter and
the rules adopted under it and the department has issued a written release
order. If compliance is not or cannot be obtained, the department may
institute proceedings under RCW 15.54.450 or may agree in writing with the
distributor, owner, or custodian of the commercial fertilizer to an alternative
disposition of the commercial fertilizer.
(5)
All costs associated with any "stop sale," "stop use," or
"withdrawal from distribution" incurred by the distributor, owner, or
custodian of a commercial fertilizer are the responsibility of the distributor,
owner, or custodian.
Sec.
4. RCW
15.54.450 and 1967 ex.s. c 22 s 33 are each amended to read as follows:
(1)
Any lot of commercial fertilizer not in compliance with the provisions of this
chapter shall be subject to seizure on complaint of the department to a court
of competent jurisdiction in the area in which ((said)) the
commercial fertilizer is located.
(2)
Any commercial fertilizer that is not registered in the state or that fails to
meet the Washington standards for total metals is subject to seizure on
complaint of the department in the name of the state to Thurston county
superior court or other court of competent jurisdiction.
(3)
In the event the court finds ((the said commercial fertilizer to be in violation
of)), upon application by the department under subsection (1) or (2) of
this section, that a commercial fertilizer violates this chapter or the
rules adopted under it and orders the condemnation of ((said)) the
commercial fertilizer, ((it)) the commercial fertilizer shall be
disposed of in any manner consistent with the quality of the commercial
fertilizer and the laws of the state: PROVIDED, That in no instance shall the
disposition of ((said)) the commercial fertilizer be ordered by
the court without first giving the claimant an opportunity to apply to the
court for release of ((said)) the commercial fertilizer or for
permission to process or relabel ((said)) the commercial
fertilizer to bring it into compliance with this chapter and the rules
adopted under it.
(4)
All costs associated with disposal are the responsibility of the distributor,
owner, or custodian of the commercial fertilizer unless such a distributor,
owner, or custodian is the consumer or is a person whose role as a distributor,
owner, or custodian of the fertilizer is only that of a transporter of the
fertilizer. Such disposal costs shall not be the responsibility of the
consumer or such a transporter of the commercial fertilizer.
NEW SECTION. Sec. 5. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect July 1, 1999.
