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REFERENCE TITLE: fertilizers; labeling; inspections; fund |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2276 |
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Introduced by Representatives Pratt, Jones, Pancrazi: Brophy McGee, Crandell
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AN ACT
Amending sections 3-262, 3-267, 3-269, 3-273 and 3-274, Arizona Revised Statutes; relating to fertilizers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 3-262, Arizona Revised Statutes, is amended to read:
3-262. Definitions
A. As used In this article, the substances and mixtures of substances referred to in section 3‑261 are defined as follows:
1. "Animal manures" means the excreta of domestic animals or domestic fowls when not artificially mixed with any material or materials other than those that have been used for bedding, sanitary or feeding purposes for the animals or fowls or for the preservation of animal manure.
2. "Commercial fertilizer" means any substance that contains one or more recognized plant nutrients, that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, and other products exempted by rule.
3. "Fertilizer material" means any substance or mixture of substances intended to be used for promoting or stimulating the growth of plants, increasing the productiveness of plants, improving the quality of crops or producing any chemical or physical change in the soil.
B. In this article, unless the context otherwise requires:
1. "Associate director" means the associate director of the environmental services division of the Arizona department of agriculture.
2. "Brand" means a term, design or trademark used in connection with one or several grades of commercial fertilizer.
3. "Bulk" means fertilizer materials delivered to the purchaser in the solid or liquid state, in a nonpackaged form to which a label cannot be attached.
4. "Distributor" means any person who offers for sale, sells, barters, solicits business or otherwise supplies fertilizer materials.
5. "Grade" means the percentage of total nitrogen, available phosphate or soluble potash stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis. Fertilizer materials, bone meal, manures and similar raw materials may be guaranteed in fractional units.
6. "Manufacture" means to compound, produce, granulate, mix, blend or alter the composition of fertilizer materials.
7. "Mixed fertilizer" means any combination of fertilizer materials coming within the classification of commercial fertilizers.
8. "Offered for sale" means that a label that complies with section 3‑273, subsection A is placed on the bag, barrel or other container or, if the product is distributed in bulk, a written or printed statement that complies with section 3-273, subsection B is delivered to the purchaser.
8. 9. "Official sample" means any sample of fertilizer materials taken by the associate director or the associate director's agent and designated as official by the associate director.
9. 10. "Per cent" or "percentage" means the percentage by weight.
10. 11. "Person" includes individual, partnership, association, firm or corporation.
11. 12. "Primary plant nutrient" means total nitrogen, available phosphate or soluble potash.
12. 13. "Sell" or "sale" includes exchange.
13. 14. "Ton" means a net weight of two thousand pounds avoirdupois. The director may, after opportunity for hearing, define weights in the metric system.
Sec. 2. Section 3-267, Arizona Revised Statutes, is amended to read:
3-267. Inspections; official samples; analysis; report
A. The director, who may act through an authorized agent, shall sample, inspect and make analyses of fertilizer materials distributed offered for sale within the state at such time and place and to such an extent as the director deems necessary to determine whether or not such fertilizer materials are in compliance with the provisions of this article. The director, individually or through an agent, may enter upon any public or private premises during regular business hours in order to have access to such fertilizer materials subject to the provisions of this article and the rules pertaining to this article.
B. The director, in determining for administrative purposes whether or not fertilizer materials are deficient in any of their component parts, shall be guided solely by the official sample as defined in section 3‑262, subsection B, and obtained and analyzed as provided in subsection A of this section.
C. The results of official analyses of any fertilizer material which that has been found to be subject to penalty or other legal action shall be forwarded by the director to the licensee or other responsible person and to the purchaser forthwith within thirty days after the sample is taken. Upon request within thirty days of the issuance of the analytical report, the director shall furnish to the licensee or other responsible person a portion of any sample found subject to penalty or other legal action.
Sec. 3. Section 3-269, Arizona Revised Statutes, is amended to read:
3-269. Fertilizer materials fund
A. The fertilizer materials fund is established. Except as provided in section 3‑272, subsection B, paragraph 2, all monies collected under the provisions of this article shall be deposited, pursuant to sections 35‑146 and 35‑147, in the fund. The state treasurer shall hold the monies in trust for the benefit of those parties who are required to pay into the fund pursuant to this article for the sole purpose of administering this article.
B. The director shall administer the fund. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313 and monies earned from the investment shall be credited to the fund.
C. The fund shall be used solely for the purpose of administering the provisions of this article upon the order of the director.
D. The fertilizer materials fund shall be exempt from the provisions of section 35‑190 relating to lapsing appropriations.
Sec. 4. Section 3-273, Arizona Revised Statutes, is amended to read:
3-273. Labeling
A. Any commercial fertilizer offered for sale, sold or distributed in this state in bags, barrels or other containers shall have placed on or affixed to the container in printed form either on tags affixed to the end of the package on the sewed end or directly on the package the following information:
1. Name and address of licensee.
2. Brand name.
3. Grade as required by regulation.
4. Guaranteed analysis.
5. Net weight.
B. If distributed in bulk, a written or printed statement showing the net weight and the information required by paragraphs 1, 2, 3 and 4 of subsection A of this section shall accompany the delivery and be supplied to the purchaser.
C. In case of liquid materials, in lieu of stating the net weight as required in subsections A and B of this section, the net contents may be given in terms of liquid measure if the weight per gallon in terms of pounds per gallon at sixty‑eight degrees Fahrenheit or the specific gravity at twenty degrees Celsius is also given.
D. Commercial fertilizer, agricultural MINERALS or other fertilizer materials are not considered to be offered for sale until either:
1. The label required by subsection A is affixed to the bag, barrel or container.
2. The written or printed statement required by subsection B is delivered to the purchaser.
Sec. 5. Section 3-274, Arizona Revised Statutes, is amended to read:
3-274. Label as warranty
Any label or descriptive tag labeling pursuant to section 3-273 attached to a lot, parcel or package of commercial fertilizer, agricultural mineral or other fertilizer material carrying a chemical analysis or claims for other values shall be deemed a warranty as to the things stated thereon on the labeling by the person attaching the label or tag in favor of the buyer and of each successive buyer purchasing the goods relying thereon on the labeling.