AN ACT Relating to fertilizer labeling language; amending RCW 15.54.340; adding a new section to chapter 15.54 RCW; creating a new section; providing an effective date; and declaring an emergency.

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

Sec. 1. RCW 15.54.340 and 1998 c 36 s 6 are each amended to read as follows:

(1) Any commercial fertilizer distributed in this state 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;

(e) Any information required under WAC 296-62-054;

(f) (i) For products labeled by July 1, 1999, at a minimum, the following labeling statement: (("This product has been registered with the Washington State Department of Agriculture. When applied as directed, this fertilizer meets the Washington standards for arsenic, cadmium, cobalt, mercury, molybdenum, lead, nickel, selenium, and zinc. You have the right to receive specific information about Washington standards from the distributor of this product.";

~~(g) After July 1, 1999, the label must also state:~~)) "Information received by the Washington State Department of Agriculture regarding the components in this product is available on the internet at http://www.wa.gov/agr/((.))";

(ii) For products not labeled by July 1, 1999, and for all products after July 1, 2000, at a minimum, the following statement: "Information regarding the levels of metals in this product is available on the internet at http://www.wa.gov/agr/"; and

((~~(h)~~)) (g) 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) of this section 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.

((~~(4) Any person who distributes a commercial fertilizer in this state shall make available to the purchaser on request, a copy of standards for metals established in RCW 15.54.800.~~))

NEW SECTION. Sec. 2. By January 1, 2000, the department of agriculture shall establish guidelines recommending the size of the type for the label requirement in RCW 15.54.340(1)(f).

NEW SECTION. Sec. 3. A new section is added to chapter 15.54 RCW to read as follows:

Specialty fertilizers are exempt from the labeling requirements in RCW 15.54.340(1)(f) if there is a label setting forth in clearly legible and conspicuous form the registrant's or licensee's website placed on or affixed to the package. In order to qualify for this exemption, the website must also have a hypertext link to http://www.wa.gov/agr and contain a statement that information on the metal content of the product is available on that website.

NEW SECTION. Sec. 4. 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.