_______________________________________________
ENGROSSED
SUBSTITUTE SENATE BILL 5866
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 1999 Regular Session
State
of Washington 56th Legislature 1999 Regular Session
By
Read
first time 03/03/99.
Eliminating component registration of fertilizer
products.
AN
ACT Relating to eliminating component registration of fertilizer products;
amending RCW 15.54.325; 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, for which standards are established under RCW
15.54.800, in each ((fertilizer component, for which standards are
established under RCW 15.54.800)) product being registered, unless the
product is (i) anhydrous ammonia or a solution derived solely from dissolving
anhydrous ammonia in water, (ii) a customer-formula fertilizer containing only
registered commercial fertilizers, or (iii) a packaged commercial fertilizer
whose plant nutrient content is present in the form of a single chemical
compound which is registered in compliance with this chapter and the product is
not blended with any other material. The provisions of (g)(i) of this
subsection do not apply if the anhydrous ammonia is derived in whole or in part
from waste such that the fertilizer is a "waste-derived fertilizer"
as defined in RCW 15.54.270. Verification of a registration relied on by an
applicant under (g)(iii) of this subsection must be submitted with the
application;
(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)
If an application for renewal of the product registration provided for in this
section is not filed prior to July 1st of any one year, a penalty 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 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.
NEW
SECTION. Sec. 2. 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.
Passed the Senate April 22, 1999.
Passed the House April 14, 1999.
Approved by the Governor May
18, 1999.
Filed
in Office of Secretary of State May 18, 1999.
