Prefiled 12/20/07. Read first time 01/14/08.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to the registration and administration of fertilizers; amending RCW 15.54.340, 15.54.362, and 15.54.433; and reenacting and amending RCW 15.54.325.

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

Sec. 1   RCW 15.54.325 and 1999 c 383 s 1 and 1999 c 382 s 1 are each reenacted and 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)) must be made on a form furnished by the department and ((shall)) must 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)) A label 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) The concentration of each metal, for which standards are established under RCW 15.54.800, in each 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) If a waste-derived fertilizer((s and)) or micronutrient fertilizer((s 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.
     (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 and 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)) Registrations are issued by the department for a two-year period beginning on July 1st of a given year and ending twenty-four months later on July 1st, except that registrations issued to a registrant who applies to register an additional product during the last twelve months of the registrant's period expire on the next July 1st.
     (5) An application for registration ((shall)) must 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) Application for renewal of registration is due July 1st of each registration period. If an application for renewal ((of the product registration provided for in this section is not filed prior to July 1st of the registration renewal year)) is not received by the department by the due date, a late fee of ten dollars per product ((shall be assessed and)) is added to the original fee and ((shall)) must be paid by the applicant before the renewal registration ((shall)) may be issued. ((The assessment of this late fee shall not prevent the department from taking any other action as provided for in this chapter. The)) A late fee ((shall)) does 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)) the prior registration. Payment of a late fee does not prevent the department from taking any action authorized by this chapter for the violation.

Sec. 2   RCW 15.54.340 and 2003 c 15 s 1 are each amended to read as follows:
     (1) Any packaged commercial fertilizer distributed in this state ((shall)) that is not a customer-formula fertilizer must have placed on or affixed to the package a label ((setting forth)) stating 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)) 296-307-560 through 296-307-56050;
     (f) 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)) Any commercial fertilizer that is distributed in bulk((,)) in this state that is not a customer-formula fertilizer must be accompanied by a written or printed statement ((of)) that includes the information required by subsection (1) of this section ((shall accompany delivery)) and must 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)) in this state must 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 name and amount of each ingredient; 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) Each delivery of a customer-formula fertilizer must contain the ingredients specified by the purchaser. A record of the invoice or statement of each delivery must be kept by the registrant or licensee for twelve months and must be available to the department upon request.

Sec. 3   RCW 15.54.362 and 1993 c 183 s 7 are each amended to read as follows:
     (1) Every registrant or licensee who distributes commercial fertilizer in this state ((shall)) must file a semiannual report on forms provided by the department ((setting forth)) stating the number of net tons of each commercial fertilizer ((so)) distributed in this state. ((The reports will cover the following periods: January 1 through June 30 and July 1 through December 31 of each year.))
     (a) For the period January 1st through June 30th of each year, the report is due on July 31st of that year; and
     (b) For the period July 1st through December 31st of each year, the report is due on January 31st of the following year.
Upon permission of the department, ((an annual statement under oath may be filed for the annual reporting period of July 1 through June 30 of any year by any)) a person distributing ((within)) in the state less than one hundred tons for each six-month period during any ((calendar year, and upon filing such statement, such person shall pay the inspection fee required under RCW 15.54.350)) annual reporting period of July 1st through June 30th may submit an annual report on a form provided by the department that is due on the July 31st following the period. The department may accept sales records or other records accurately reflecting the tonnage sold and verifying such reports.
     (2) Each person responsible for the payment of inspection fees for commercial fertilizer distributed in this state ((shall)) must include the inspection fees with ((the report on the same dates and for the same reporting periods mentioned in subsection (1) of this section)) each semiannual or annual report. If in ((one year)) an annual reporting period a registrant or licensee distributes less than eighty-three tons of commercial fertilizer or less than one hundred sixty-seven tons of commercial lime or equivalent combination of the two, the registrant or licensee ((shall)) must pay the minimum inspection fee((. The minimum inspection fee shall be)) of twenty-five dollars ((per year)).
     (3) The department may, upon request, require registrants or licensees to furnish information setting forth the net tons of commercial fertilizer distributed to each location in this state.
     (4) ((Semiannual or annual reports filed after the close of the corresponding reporting period shall pay a late filing fee of twenty-five dollars. Inspection fees which are due and have not been remitted to the department by the due date shall have a late-collection fee of ten percent, but not less than twenty-five dollars, added to the amount due when payment is finally made. The assessment of this late collection fee shall not prevent the department from taking any other action as provided for in this chapter.))
     (a) If a complete report is not received by the due date, the person responsible for filing the report must pay a late fee of twenty-five dollars.
     (b) If the appropriate inspection fees are not received by the due date, the person responsible for paying the inspection fee must pay a late fee equal to ten percent of the inspection fee owed or twenty-five dollars, whichever is greater.
     (c) Payment of a late fee does not prevent the department from taking any other action authorized by this chapter for the violation.
     (5) It ((shall be)) is a misdemeanor for any person to divulge any information provided under this section that would reveal the business operation of the person making the report. However, nothing contained in this subsection may be construed to prevent or make unlawful the use of information concerning the business operations of a person in any action, suit, or proceeding instituted under the authority of this chapter, including any civil action for the collection of unpaid inspection fees, which action is ((hereby)) authorized and which shall be as an action at law in the name of the director of the department.

Sec. 4   RCW 15.54.433 and 1998 c 36 s 21 are each amended to read as follows:
     (1) The department shall ((expand its)) maintain a fertilizer database ((to include additional)) that includes the information required for registration under RCW 15.54.325 and 15.54.330.
     (2) Except for confidential information under RCW 15.54.362 regarding fertilizer tonnages distributed in the state, information in the fertilizer database ((shall)) must be made available to the public upon request.
     (3) The department, and the department of ecology in consultation with the department of health, shall biennially prepare a report to the legislature presenting information on levels of nonnutritive substances in fertilizers((. Results from)) and the results of any agency testing of products ((that were sampled shall also be displayed)). The first ((such)) report ((will)) must be provided to the legislature by December 1, 1999.
     (4) ((After July 1, 1999,)) The department shall post on the internet the information contained in applications for fertilizer registration.