T22CH6
Title 22 > T22CH6
Sections (24)
22-601
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-601. Title. This chapter shall be known as the Idaho Fertilizer Act of 2000. History: [22-601, added 2000, ch. 295, sec. 2, p. 1012.]
22-602
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-602. Administration. The Idaho state department of agriculture, hereinafter referred to as the department, shall administer this chapter. History: [22-602, added 2000, ch. 295, sec. 2, p. 1012; am. 2001, ch. 147, sec. 1, p. 516.]
22-603
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-603. Definitions. When used in this chapter: (1) Biosolid(s) means a primary organic solid material produced by wastewater treatment processes that can be beneficially recycled for its plant nutrient content and soil amending characteristics, as regulated under the code of federal regulations, 40 CFR 503, as amended. (2) Brand means a term, design, or trademark used in connection with one (1) or several grades of fertilizer. (3) Calcium carbonate equivalent means the acid-neutralizing capacity of an agricultural liming material expressed as a weight percentage of calcium carbonate. (4) Compost means a biologically stable material derived from the composting process. (5) Composting means the biological decomposition of organic matter. It is accomplished by mixing and piling in such a way to promote aerobic and/or anaerobic decay. The process inhibits pathogens, viable weed seeds and odors. (6) Coproduct means a chemical substance produced for a commercial purpose during the manufacture, processing, use or disposal of another chemical substance or mixture. (7) Deficiency means the amount of nutrient found by analysis to be less than that guaranteed, which may result from a lack of nutrient ingredients or from lack of uniformity. (8) Department means the Idaho state department of agriculture or its authorized representative. (9) Distribute means to import, consign, manufacture, produce, compound, mix, or blend fertilizer, or to offer for sale, sell, barter or otherwise distribute or supply fertilizer in this state. (10) Distributor means any person who distributes. (11) Fertilizer means any substance containing one (1) or more recognized plant nutrient which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, and includes limes and gypsum. It does not include unmanipulated animal manure and vegetable organic waste-derived material, or biosolids regulated under the code of federal regulations, 40 CFR 503, as amended. (a) Bulk fertilizer means a fertilizer distributed in a nonpackaged form. (b) Customer formula fertilizer means a mixture of fertilizer or materials of which each batch is mixed according to the specific instructions of the final purchaser. (c) Fertilizer material means a fertilizer which either: (i) Contains important quantities of no more than one (1) of the primary plant nutrients: nitrogen (N), phosphate (P 2 O 5 ) and potash (K 2 O), or (ii) Has eighty-five percent (85%) or more of its plant nutrient content present in the form of a single chemical compound, or (iii) Is derived from a plant or animal residue or byproduct or natural material deposit which has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration. (d) Micronutrient fertilizer means a fertilizer that contains valuable concentrations of micronutri
22-604
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-604. Adoption of rules. The department shall administer, enforce, and carry out the provisions of this chapter and may adopt rules necessary to carry out its purposes including, but not limited to, the proper use, handling, transportation, storage, display, distribution, sampling, records, analysis, form, minimum percentages, fertilizer ingredients, exempted materials, investigational allowances, definitions, labels, labeling, misbranding, mislabeling and disposal of fertilizers and their containers. The adoption of rules is subject to public hearing as prescribed by the Idaho administrative procedure act, chapter 52, title 67 , Idaho Code. History: [22-604, added 2000, ch. 295, sec. 2, p. 1015; am. 2001, ch. 147, sec. 3, p. 519.]
22-605
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-605. Registration of products and storage facilities. (1) Registration of products. (a) Each separately identifiable fertilizer product except individual customer-formula mixes shall be registered by the person who manufactures or distributes fertilizer into or within the state of Idaho before being offered for sale, sold, or otherwise distributed into or within this state. Companies planning to mix customer-formula fertilizers shall include the statement customer-formula mixes or CFM on the registration application form. The application for registration shall be submitted to the department on forms furnished by the department and shall be accompanied by a nonrefundable fee of seventy-five dollars (10.00) per product shall be assessed and added to the original fee and shall be paid by the applicant before the renewal registration certificate is issued. (d) The department shall examine the fertilizer product registration application form and labels for conformance with the requirements of this chapter. If the application, information and appropriate labels are in proper form and contain all the required information, the fertilizer products shall be registered by the department and a certificate of registration shall be issued to the applicant. The department may refuse to register or cancel the registration of any fertilizer product in violation of any provision of this chapter. (e) In reviewing the fertilizer product registration application, the department may consider experimental data, manufacturers’ evaluations, data from agricultural experiment stations’ product review evaluations, and 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. (f) In determining whether approval of a label statement or guarantee of an ingredient is appropriate, the department may require the submission of a written statement describing the methodology of laboratory analysis used, the source of the ingredient material, and any reference material relied on t
22-606
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-606. Formulas. The department may require submission of the complete formula of any fertilizer and the source of all ingredients if it is deemed necessary for the registration of any fertilizer product or the administration of this chapter. Any formula so submitted is exempt from disclosure to the public pursuant to section 74-107 (1) or (2), Idaho Code. History: [22-606, added 2000, ch. 295, sec. 2, p. 1017; am. 2015, ch. 141, sec. 28, p. 407.]
22-607
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-607. Labels — Information required. (1) Any fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in a clearly legible and conspicuous form the following information: (a) The net weight; (b) The brand and grade, provided that the grade shall not be required when no primary nutrients are claimed; (c) Product name; (d) Guaranteed analysis; (e) The name and address of the registrant, or manufacturer, or both; (f) The sources from which the guaranteed plant nutrients are derived; and (g) Directions for use of specialty fertilizers distributed to the end user. (2) In the case of bulk shipments, this information in written or printed form, shall accompany delivery and be supplied to the purchaser. (3) Each delivery of a customer-formula fertilizer shall contain those ingredients specified by the purchaser. The 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 for a period of thirty-six (36) months and shall be available to the department upon request; provided, that each delivery shall be accompanied by either a statement, invoice, delivery slip, or label if bagged, containing the following information: (a) The net weight; (b) The guaranteed analysis or evidence of grade which may be stated to the nearest tenth of a percent or to the next lower whole number, or weight and grade of each ingredient; (c) The name and address of the registrant or manufacturer, or both; and (d) The name and address of the purchaser. History: [22-607, added 2000, ch. 295, sec. 2, p. 1017; am. 2008, ch. 131, sec. 3, p. 371.]
22-610
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-610. Inspection — Sampling. (1) The department shall inspect, sample, analyze, and test fertilizers distributed within this state, at a time and place and to the extent the department deems necessary, to determine whether the fertilizers comply with this chapter. The department may stop any commercial vehicle transporting fertilizers on the public highways and direct it to the nearest scales approved by the department to check weights of fertilizers being delivered. The department may also, upon presentation of proper identification, enter any distributor’s premises, including any vehicle of transport, at all reasonable times in order to have access to fertilizers for sampling and to examine and make copies of records relating to their distribution. (2) The methods of sampling and analysis shall be those adopted by the department from officially recognized sources including, but not limited to, the association of American plant food control officials (AAPFCO) and the association of official analytical chemists, international (AOAC). (3) The department, in determining for administrative purposes whether a fertilizer is deficient in any component or total nutrients, shall be guided solely by the official sample as defined in section 22-603 (21), Idaho Code, and obtained and analyzed as provided for in this section. (4) When the inspection and analysis of an official sample has been made, the department shall forward the results of the analysis to the distributor and manufacturer, and to the purchaser upon request. Upon written request and within thirty (30) days of the results of analysis, the department shall furnish to the distributor and/or manufacturer a portion of the sample concerned. (5) If analyses of samples made by the department indicate deficiencies in the fertilizer examined, below guaranteed analysis, and in excess of the tolerances specified by rules promulgated under this chapter, the department shall immediately notify the manufacturer and/or distributor of the fertilizer of the results of the analyses. The manufacturer or seller of the fertilizer may, upon written request, obtain from the department a portion of the sample(s) in question. If he fails to agree with the analyses of the department, he may request an umpire who shall be one (1) of a list of not less than three (3) public analysts of recognized ability in fertilizer analyses, who shall be named by the department. The umpire analyses shall be made at the expense of the manufacturer or seller requesting the same. If the umpire agrees more closely with the department, the figures of the department shall be considered correct. If the umpire agrees more closely with the figures of the manufacturer or distributor, then the figures of the manufacturer or distributor shall be considered correct. (6) Analysis of an official sample by the department shall be accepted as prima facie evidence by any court of
22-611
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-611. Penalties. (1) If the analysis shows that any fertilizer deviates from the guaranteed analysis in any plant nutrient, micronutrient, or in total nutrients, a penalty shall be assessed in favor of the department at the rate of three (3) times the value of the deficiency or twenty-five dollars ($25.00), whichever is greater, when the deviation exceeds the tolerances established by rules promulgated under this chapter. Provided, that penalties for any specialty fertilizer that deviates from the guaranteed analysis in any plant nutrient, micronutrient, or in total nutrients shall be determined as authorized under section 22-619 , Idaho Code, and rules promulgated pursuant to this chapter. (2) All penalties assessed under this section or any rule hereunder on any one (1) fertilizer, represented by the sample analyzed, shall be paid to the department within three (3) months after the date of notice from the department to the registrant. The department shall deposit the amount of the penalty into the commercial feed and fertilizer fund. (3) Nothing contained in this section or any rule hereunder shall prevent any person from appealing to a court of competent jurisdiction for a judgment as to the justification of such penalties imposed under subsections (1) and (2) of this section. (4) Penalties payable as provided for in subsections (1) and (2) of this section or any rule hereunder shall in no manner be construed as limiting the consumer’s right to bring a civil action in damage against the registrant paying the penalties. (5) Penalties for short weights, both packaged and bulk, shall be assessed at the rate of three (3) times the invoiced value if the deficiency exceeds the tolerances established by rule. History: [22-611, added 2000, ch. 295, sec. 2, p. 1019; am. 2004, ch. 108, sec. 1, p. 382.]
22-612
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-612. Assessment of penalties. For the purpose of initially determining the commercial value to be applied under the provisions of section 22-611 , Idaho Code, the department shall determine and publish annually the values per unit of nitrogen, available phosphate, soluble potash, secondary elements and micro-elements used in this state. The values so determined and published shall be used in determining and assessing penalties as authorized under section 22-611 , Idaho Code. History: [22-612, added 2000, ch. 295, sec. 2, p. 1020; am. 2004, ch. 108, sec. 2, p. 383.]
22-613
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-613. Misbranding. No person shall distribute a misbranded fertilizer. A fertilizer is misbranded if: (1) The labeling is false or misleading; (2) It is distributed under the name of another fertilizer product; (3) It is not labeled as required in section 22-607 , Idaho Code, and in accordance with rules prescribed under this chapter; or (4) It purports to be or is represented as a fertilizer, or is represented as containing a plant nutrient or fertilizer unless such plant nutrient or fertilizer conforms to the definition of identity, if any, prescribed by rule of the department. In adopting such rules the department shall give due regard to commonly accepted definitions and official fertilizer terms as stated or provided for in section 22-603 , Idaho Code. History: [22-613, added 2000, ch. 295, sec. 2, p. 1020; am. 2001, ch. 147, sec. 6, p. 522.]
22-614
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-614. Adulteration. No person shall distribute an adulterated fertilizer product. A fertilizer is adulterated if: (1) It contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in accordance with directions for use on the label; or, if adequate warning statements or directions for use which may be necessary to protect plant life, animals, humans, aquatic life, soil, or water are not shown upon the label; (2) Its composition falls below or differs from that which it is purported to possess by its labeling; or (3) It contains unwanted crop seed or weed seed. History: [22-614, added 2000, ch. 295, sec. 2, p. 1020.]
22-615
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-615. Publication of information. The department shall publish at least annually and in a form it deems proper: the total tonnage of fertilizer distributed, the number of total official samples analyzed and the number of deficient official samples analyzed, and any other information the department deems fit. History: [22-615, added 2000, ch. 295, sec. 2, p. 1020.]
22-616
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-616. Stop sale orders. The department may issue and enforce a written or printed stop sale, use, or removal order to the distributor, owner or custodian of any fertilizer and hold the fertilizer, or order it held, at a designated place when the department finds the fertilizer is being offered for sale in violation of this chapter, until the law has been complied with and the fertilizer is released in writing by the department, or the violation has been otherwise legally disposed of by written authority. The owner or custodian of any fertilizer that has been issued a stop sale, use, or removal order shall remedy the violations within ninety (90) days, unless the department grants a written extension. The department shall release the fertilizer so withdrawn when the requirements of this chapter have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid. History: [22-616, added 2000, ch. 295, sec. 2, p. 1021; am. 2001, ch. 147, sec. 7, p. 522.]
22-617
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-617. Complaint for seizure — Hearing. Any fertilizer that does not comply with this chapter is subject to seizure on complaint of the department to a court of competent jurisdiction in the geographic area in which the fertilizer is located. If the court finds the fertilizer to be in violation of this chapter and orders the condemnation of the fertilizer, the fertilizer shall be disposed of in any manner consistent with the quality of the fertilizer and the laws of the state; provided, that in no instance shall the disposition of the fertilizer be ordered by a court of competent jurisdiction without first giving the claimant an opportunity to apply to the court for release of the fertilizer or for permission to process or relabel the fertilizer to bring it into compliance with this chapter. History: [22-617, added 2000, ch. 295, sec. 2, p. 1021.]
22-618
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-618. Violations. It is unlawful for any person to: (1) Distribute a misbranded fertilizer; (2) Fail, refuse or neglect to place upon or attach to each container of distributed fertilizer a label containing the information required by this chapter; (3) Fail, refuse or neglect to deliver to a purchaser of bulk fertilizer a statement containing the information required by this chapter; (4) Distribute a fertilizer which has not been registered with the department; (5) Distribute a fertilizer containing viable seeds unless serving a desirable purpose and appropriately labeled; (6) Distribute an adulterated fertilizer; (7) Distribute a fertilizer weighing less than that which it is purported to weigh; (8) Distribute a fertilizer different from the guaranteed analysis purported on the label; or (9) Fail or refuse to provide, keep or maintain records and information as required by this chapter. History: [22-618, added 2000, ch. 295, sec. 2, p. 1021.]
22-619
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-619. Remedies for violations. (1) Any person convicted of violating any of this chapter or the rules promulgated thereunder or who impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the director or a duly authorized agent from the performance of their duty in connection with this chapter, is guilty of a misdemeanor and shall be fined not more than five hundred dollars (1,500) for a subsequent violation. In all prosecutions under this chapter involving the composition of a lot of commercial fertilizer, a certified copy of the official analysis signed by the director or his duly authorized agent shall be accepted as prima facie evidence of the composition. (2) Any person who violates or fails to comply with this chapter or any rules promulgated thereunder may be assessed a civil penalty by the department or its duly authorized agent of not more than ten thousand dollars ($10,000) for each offense and shall be liable for reasonable attorney’s fees. Assessment of a civil penalty may be made in conjunction with any other department administrative action. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67 , Idaho Code. If the director is unable to collect the penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. Any person against whom the director has assessed a civil penalty under the provisions of this section may, within thirty (30) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred. (3) Nothing in this chapter requires the director or a duly authorized representative to report minor violations of the chapter for prosecution, or for the institution of seizure proceedings, when the director believes that the public interest will be best served by a suitable notice of warning in writing. (4) Each prosecuting attorney to whom any violation is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the director reports a violation for such prosecution, an opportunity shall be given the distributor to present his view to the director. (5) The director may apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or any rule promulgated under the chapter notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond. History: [22-619, added 2000, ch. 295, sec. 2, p. 1021;
22-620
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-620. Use of funds received. All moneys received by the director from the registration of various fertilizers and from the payment to him of moneys derived from the registration and inspection fees charged on such fertilizers, and moneys collected for a violation(s) of this chapter or rules promulgated thereunder, shall be paid into the state treasury and placed in a fund to be known as the commercial feed and fertilizer fund. Moneys in the commercial feed and fertilizer fund are continuously appropriated for the purposes of carrying out the provisions of this chapter. History: [22-620, added 2000, ch. 295, sec. 2, p. 1022; am. 2008, ch. 131, sec. 7, p. 374.]
22-621
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-621. Cooperation with other governmental agencies. The director may cooperate with and enter into agreements with other governmental agencies, whether of this state, other states, or agencies of the federal government, and with private associations, in order to carry out the purposes of this chapter. History: [22-621, added 2000, ch. 295, sec. 2, p. 1023.]
22-622
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-622. No affect on existing liability. The enactment of this chapter does not terminate or modify any civil or criminal liability which already exists on July 1, 2000. History: [22-622, added 2000, ch. 295, sec. 2, p. 1023.]
22-623
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-623. Not applicable to wholesale transactions. Nothing in this chapter restricts or precludes sales or exchanges of fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or prevents the free and unrestricted shipments of fertilizer to manufacturers or manipulators who have registered their products as required by this chapter. History: [22-623, added 2000, ch. 295, sec. 2, p. 1023.]
22-624
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-624. Severability. If any clause, sentence, paragraph, or part of this chapter is judged invalid by any court of competent jurisdiction, the judgment shall not affect, impair, or invalidate the remainder of the chapter, but shall be confined in its operation to the clause, sentence, paragraph, or part of the chapter directly involved in the controversy in which the judgment has been rendered. History: [22-624, added 2000, ch. 295, sec. 2, p. 1023.]
22-625
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-625. Statements of uniform interpretation and policy. When not otherwise stated in this chapter or rule adopted under this chapter, the statements of uniform interpretation and policy as adopted in the annual Official Publication of the Association of American Plant Food Control Officials (AAPFCO) shall guide the department when making decisions in the areas covered by AAPFCO statements of uniform interpretation and policy. History: [22-625, added 2001, ch. 147, sec. 9, p. 523.]
22-626
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 6 COMMERCIAL FERTILIZERS 22-626. Local legislation — Prohibition. (1) No local government entity including, but not limited to, any city, county, township, or municipal corporation or any other body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state of Idaho, shall: (a) Regulate the registration, packaging, labeling, sale, storage, distribution, use and application of fertilizers; (b) Adopt or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use or application of fertilizers. (2) Ordinances adopted by the local government entity in violation of this section are void and unenforceable. (3) The provisions of subsections (1) and (2) of this section shall not preempt county or city local zoning ordinances governing the physical location or siting of fertilizer manufacturing, storage and sales facilities or protecting the quality of ground water or surface water in accordance with applicable state and federal law. History: [22-626, added 2005, ch. 387, sec. 1, p. 1248.]