S-2017

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; 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;

(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. 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 can contain certain metals at levels which are injurious 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/or seizure and disposal.

(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.

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.