BILL REQ. #:  Z-0465.2 

Read first time 01/17/2003.   Referred to Committee on Agriculture.

     AN ACT Relating to moving a web site address from statute to rule; amending RCW 15.54.340; and providing an effective date.

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

Sec. 1   RCW 15.54.340 and 1999 c 381 s 1 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;
     (c) The guaranteed analysis;
     (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, one of the following labeling statements:
     (i) "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/"; or
     (ii) "Information regarding the contents and levels of metals in this product is available on the internet at http://www.wa.gov/agr/"; or
     (iii) "Information regarding the contents and levels of metals in this product is available on the internet at http://www.regulatory-info-xx.com". Each registrant must substitute a unique alpha numeric identifier for "xx". This statement may be used only if the registrant establishes and maintains the internet site and the internet site meets the following criteria:
     (A) There is no advertising or company-specific information on the site;
     (B) There is a clearly visible, direct hyperlink to the department's internet site specified in (f)(i) and (ii) of this subsection (1); and
     (C) Any other criteria adopted by the director by rule)) A statement, established by rule, referring persons to the department's Uniform Resource Locator (URL) internet address where data regarding the metals content of the product is located; and
     (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.

NEW SECTION.  Sec. 2   Section 1 of this act takes effect January 1, 2004.