S-2090

AN ACT Relating to specialty fertilizer labeling language; amending RCW 15.54.340; creating new sections; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. It is the intent of the legislature that the labeling requirements for specialty fertilizer products sold in Washington state not be so restrictive as to inhibit the sales of such products either intrastate or interstate.

Sec. 2. 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, except as provided in subsection (5) of this section, 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) 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/((.))"; and

(h) 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.

(5)(a) Speciality fertilizers are exempt from the requirements under subsection (1)(f) and (g) of this section if the retailer of the product makes available substantially similar information, in a manner and form as approved by the department, to the consumers of such products, including products shipped directly to consumers within the state.

(b) Retailers who provide notice to consumers in compliance with this subsection (5) shall not be subject to the provisions of RCW 15.54.440 for failure to meet the requirements under subsection (1)(f) and (g) of this section.

NEW SECTION. Sec. 3. The department of agriculture shall review the requirements imposed on the retailers of speciality fertilizers under RCW 15.54.340(5) to determine whether the legislature should repeal the requirements and fully exempt speciality fertilizer products from the labeling requirements of RCW 15.54.340(1) (f) and (g). In conducting the study the department shall consider the benefit to the consumers and the imposition to the retailer and producers of speciality fertilizers in terms of the cost of materials and labor necessary to comply with the statute. The department shall report its findings to the governor and legislature by November 15, 2001.

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.