71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3815
Sponsored by Representative KROPF (at the request of Oregonians
for Food and Shelter)
CHAPTER ................
AN ACT
Relating to agriculture; creating new provisions; amending ORS
468B.150, 468B.165, 480.200 and 561.144; repealing ORS 633.310,
633.320, 633.330, 633.335, 633.340, 633.343, 633.345, 633.350,
633.361, 633.370, 633.380, 633.390, 633.420, 633.430, 633.440,
633.450, 633.460, 633.470, 633.475, 633.485, 633.495 and
633.500; appropriating money; and limiting expenditures.
Be It Enacted by the People of the State of Oregon:
+ }
SECTION 1. { + Sections 2 to 23 of this 2001 Act are added to
and made a part of ORS chapter 633. + }
SECTION 2. { + As used in sections 2 to 23 of this 2001 Act:
(1) 'Agricultural amendment' means a mixed or unmixed synthetic
organic chemical substance, a chemically or physically modified
natural substance, a naturally occurring substance or a
manufacturing by-product, or combination thereof, intended as a
source of plant food, to induce crop yields or plant growth or to
produce any physical or chemical change in the
soil. 'Agricultural amendment' does not include:
(a) Fertilizer products;
(b) Agricultural mineral products;
(c) Lime products;
(d) Hays;
(e) Straws;
(f) Peat;
(g) Leaf mold;
(h) Sands;
(i) Expanded silicates;
(j) Biosolids-derived products, compost and animal or vegetable
manures that are not packaged and do not contain a grade
statement or guaranteed analysis;
(k) Biosolids, domestic septage and domestic wastewater
treatment facility solids regulated under ORS chapters 468 and
468B; and
(L) Reclaimed water or treated effluent regulated under ORS
468.020, 468B.010 and 468B.015.
(2) 'Agricultural mineral' means a mineral substance, mixture
of mineral substances or mixture of mineral and organic
substances containing less than five percent of available
nitrogen (N), available phosphate (P2O5) or soluble potash (K2O),
singly, collectively or in combination, designed for use
principally as a source of plant food, in inducing increased crop
Enrolled House Bill 3815 (HB 3815-B) Page 1
yields or plant growth or producing any physical or chemical
change in the soil. ' Agricultural mineral' does not include:
(a) Fertilizer products;
(b) Agricultural amendment products;
(c) Lime products;
(d) Sand;
(e) Soil;
(f) Biosolids-derived products, compost and animal or vegetable
manures that are not packaged and do not contain a grade
statement or guaranteed analysis;
(g) Biosolids, domestic septage and domestic wastewater
treatment facility solids regulated under ORS chapters 468 and
468B; and
(h) Reclaimed water or treated effluent regulated under ORS
468.020, 468B.010 and 468B.015.
(3) 'Available phosphate' means the sum of the water soluble
and citrate soluble phosphate.
(4) 'Bulk' or 'bulk sale' is the sale, offering for sale or
delivery of a fertilizer, agricultural mineral, agricultural
amendment or lime product or of a custom mix, in unpackaged form,
such as in open containers, closed or open tote boxes, closed or
open tanks, closed or open trailers, spreader trucks or other
types of containers, vehicles or conveyances as determined by
State Department of Agriculture rule.
(5) 'Compost' means a substance derived primarily or entirely
from the decomposition of vegetative or animal organic material
that is sold or offered for sale for the purpose of promoting or
stimulating plant growth and to which no fertilizer, agricultural
mineral, agricultural amendment or lime product is added other
than to promote decomposition.
(6) 'Custom mix' means a mixture of fertilizer, agricultural
mineral, agricultural amendment or lime product, each lot or
batch of which is mixed according to the specific instructions of
or is prescribed for the special use of the final purchaser.
(7) 'Department' means the State Department of Agriculture.
(8) 'Director' means the Director of Agriculture.
(9) 'Distributor' means a person who imports, consigns, sells
or offers for sale, barters, exchanges or otherwise facilitates
the supply of fertilizer, agricultural mineral, agricultural
amendment or lime product.
(10) 'Fertilizer' means any substance, or any combination or
mixture of substances, that is designed for use primarily as a
source of plant food, in inducing increased crop yields or plant
growth, or producing any physical or chemical change in the soil,
and that contains five percent or more of available nitrogen (N),
available phosphate (P2O5) or soluble potash (K2O), singly,
collectively or in combination. ' Fertilizer' does not include:
(a) Agricultural mineral products;
(b) Agricultural amendment products;
(c) Lime products;
(d) Hays;
(e) Straws;
(f) Peat;
(g) Leaf mold;
(h) Biosolids-derived products, compost and unpackaged animal
or vegetable manures that do not contain a grade statement or
guaranteed analysis;
(i) Biosolids, domestic septage and domestic wastewater
treatment facility solids regulated under ORS chapters 468 and
468B; and
Enrolled House Bill 3815 (HB 3815-B) Page 2
(j) Reclaimed water and treated effluent regulated under ORS
468.020, 468B.010 and 468B.015.
(11) 'Grade' means the minimum percentage claimed for available
nitrogen (N), available phosphate (P2O5) or soluble potash (K2O)
stated in the same terms, order and percentages as the guaranteed
analysis.
(12) 'Guaranteed analysis' means the minimum percentage of the
following claimed to be present in a product:
(a) Primary nutrients;
(b) Secondary nutrients;
(c) Micronutrients;
(d) Neutralizing capability; or
(e) Substances claimed to induce crop yields or plant growth or
to produce any physical or chemical change in the soil.
(13) 'Label' means all written, printed or graphic matter on
the immediate container or on a statement or invoice accompanying
any fertilizer, agricultural mineral, agricultural amendment or
lime product.
(14) 'Labeling' means a printed or verbal representation used
to promote the sale of any fertilizer, agricultural mineral,
agricultural amendment or lime product, including but not limited
to a representation by means of:
(a) Brochures;
(b) Posters;
(c) Internet;
(d) Television; and
(e) Radio.
(15) 'Lime' means any substance or mixture of substances whose
calcium and magnesium compounds are capable of neutralizing soil
acidity.
(16) 'Lime score' means a numerical expression of the quality
of lime, as determined by the department by rule.
(17) 'Manufacture' means to compound, produce, granulate, mix,
blend, repackage or otherwise alter the composition of
fertilizer, agricultural mineral, agricultural amendment or lime
product.
(18) 'Micronutrient' means boron (B), chlorine (Cl), cobalt
(Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo),
sodium (Na) or zinc (Zn).
(19) 'Official sample' means any representative sample of
product taken by the department or a representative of the
department and designated as official.
(20) 'Package' means any closed container, regardless of size,
but does not mean the receptacle in which bulk product is sold,
offered for sale or delivered.
(21) 'Percent' or 'percentage' means percentage by weight.
(22) 'Phosphate' means the amount of pentavalent phosphorus
present in the material calculated as phosphorus pentoxide (P2O5)
and expressed as available phosphate.
(23) 'Primary nutrient' means nitrogen (N), available phosphate
(P2O5) or soluble potash (K2O).
(24) 'Product' means a readily distinguishable, individually
labeled substance containing fertilizer, agricultural mineral,
agricultural amendment or lime.
(25) 'Registrant' means the person who registers a fertilizer,
agricultural mineral, agricultural amendment or lime product
under section 10 of this 2001 Act.
(26) 'Secondary nutrient' means calcium (Ca), magnesium (Mg) or
sulfur (S).
(27) 'Ton' means 2,000 pounds avoirdupois.
Enrolled House Bill 3815 (HB 3815-B) Page 3
(28) 'Waste-derived product' means any fertilizer, agricultural
mineral, agricultural amendment or lime product derived in whole
or in part from hazardous waste as defined in ORS 466.005 (7) or
in rules adopted thereunder, solid waste as defined in ORS
459.005 (24) or in rules adopted thereunder, or industrial waste
as defined in ORS 468B.005 (2) or in rules adopted thereunder.
'Waste-derived product' does not include:
(a) Biosolids, biosolids-derived products, domestic septage and
domestic wastewater treatment facility solids regulated under ORS
chapters 468 and 468B; or
(b) Reclaimed water or treated effluent regulated under ORS
468.020, 468B.010 and 468B.015. + }
SECTION 3. { + Sections 2 to 23 of this 2001 Act apply only to
the extent that they are consistent with ORS chapter 634. The
provisions of sections 2 to 23 of this 2001 Act do not supersede
the provisions of ORS chapter 634. + }
SECTION 4. { + (1) A person may not sell, offer for sale or
distribute fertilizer, agricultural mineral, agricultural
amendment or lime product, in package or in bulk, unless there is
a printed label attached or applied to the package, or, in the
case of bulk sale, a separate document that physically
accompanies the shipment and is furnished to the user or
purchaser when each separate delivery is made, or when the last
delivery is made of the entire lot or sale thereof. The printed
label must include the following:
(a) The name under which the product is registered or sold.
(b) The net weight or volume.
(c) The name and mailing address of the manufacturer,
distributor or registrant.
(d) The product grade if primary nutrients are claimed.
(e) A guaranteed analysis. The guaranteed analysis must follow
the statement, 'GUARANTEED ANALYSIS.' Guarantees must be based on
a laboratory method of analysis approved by the State Department
of Agriculture. The guaranteed analysis shall be stated on an 'as
is' basis at the time the fertilizer, agricultural mineral,
agricultural amendment or lime product is offered for sale or
distributed into or within this state. Primary nutrients,
secondary nutrients and micronutrients that are claimed or
advertised must be individually guaranteed.
(f) A derivation statement declaring the sources for all
primary and secondary nutrients, micronutrients and non-plant
food ingredients guaranteed. The statement must be listed below
the completed guaranteed analysis. Abbreviations, brand names,
trademarks and trade names may not appear in the derivation
statement, but may appear as part of the product name in an area
of the label that is separate from the derivation statement.
(g) The identity and amount of ingredients other than primary
nutrients, secondary nutrients and micronutrients that are
claimed or advertised. The identity and amount must be guaranteed
and determinable by laboratory methods approved by the
department. The source of such ingredients shall be placed on the
label as follows: + }
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Enrolled House Bill 3815 (HB 3815-B) Page 4
{ +
ALSO CONTAINS NON-PLANT FOOD INGREDIENT(S):
__
% Humic Acids (Derived from _____
)
__
% Other Determinable Non-Plant Food Ingredients + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
{ + (h) A unique identifier for custom mixed products.
(i) An Internet address that leads to a department website that
is accessible to the public and contains product-specific
information. The department shall adopt rules establishing the
date for label compliance and the nature of product information
that must be available through the website. The information,
accessible by product name, ingredient or reportable substance,
shall include, at a minimum:
(A) The name of any product identified as waste-derived in an
application for registration as provided in section 10 (9) of
this 2001 Act;
(B) The Standard Industrial Classification code of the facility
that generated each waste-derived product or waste-derived
ingredient of a product identified in subparagraph (A) of this
paragraph; and
(C) The type and level of metals and other substances required
by the department by rule to be reported for registration of any
product as provided in section 10 (10) of this 2001 Act.
(2)(a)(A) Primary nutrients that are claimed or advertised must
be guaranteed and placed on the label as follows: + }
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
GUARANTEED ANALYSIS:
Total Nitrogen (N) __
%
__
% Ammoniacal Nitrogen
__
% Nitrate Nitrogen
__
% Water Soluble Organic Nitrogen or other recognized and determinable
forms of Nitrogen
__
% Water Insoluble Organic Nitrogen or Water Insoluble Nitrogen
Available Phosphate (P2O5)__
%
Soluble Potash (K2O) __
% + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
Enrolled House Bill 3815 (HB 3815-B) Page 5
{ + (B) The guarantees for the forms of nitrogen must add up
to the total nitrogen guarantee and may be shown by subscript.
The forms of nitrogen may be listed in an order other than the
order listed in this subsection.
(b) In addition to guarantees of available phosphate (P2O5) and
soluble potash (K2O), the percentage of phosphorus (P) and
potassium (K) may be shown by indentation and subscript as
prescribed by the department. Phosphorous acid (expressed as
H3PO3 or PO3) cannot be claimed as a source of available
phosphate.
(c) Unacidulated mineral phosphatic materials, bone, tankage or
other phosphatic materials shall be guaranteed on the label as
follows: + }
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
Available Phosphate (P2O5)
__
%
__
% Total Phosphate
__
% Insoluble Phosphate + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
{ + (3) The following secondary nutrients and micronutrients
that are claimed or advertised must be guaranteed, must be placed
on the label in the same order as listed in this subsection and
must immediately follow the guaranteed analysis. The guaranteed
analysis of secondary nutrients and micronutrients shall be made
on the elemental basis. When a chelated, water soluble or other
form of plant nutrient is claimed or advertised in addition to
the elemental form of the same secondary nutrient or
micronutrient, the form and percentage must be guaranteed
separately. Except for products defined by the department by
rule, the minimum percentages that may be accepted for
registration are as follows: + }
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
Ca1.0000%Ca)
Magnesium (Mg).......0.5000%
Sulfur (S)...........1.0000%
Boron (B)............0.0200%
Chlorine (Cl)........0.1000%
Cobalt (Co)..........0.0005%
Copper (Cu)..........0.0500%
Iron (Fe)............0.1000%
Manganese (Mn).......0.0500%
Enrolled House Bill 3815 (HB 3815-B) Page 6
Molybdenum (Mo)......0.0005%
Sodium (Na)..........0.1000%
Zinc (Zn)........0.0500% + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
{ + (4) The label for any fertilizer, agricultural amendment,
agricultural mineral or lime product with added boron greater
than 0.1 percent or added molybdenum greater than 0.001 percent
must include a warning or cautionary statement that the product
contains added boron or molybdenum and is to be used only
according to the manufacturer's recommendations or directions.
(5)(a) If a fertilizer, agricultural mineral or agricultural
amendment product is intended to be microbiological inoculum, the
label must include:
(A) A product expiration date;
(B) The number of each viable organism per milliliter for
liquid products or per gram for dry products; and
(C) The identification of each viable organism expressed as
genus and species, and, if applicable, strain.
(b) If a fertilizer, agricultural mineral or agricultural
amendment product is derived from a microbiological process or
culture but is not intended to be a microbiological inoculum, the
product label must include a statement that the product is not a
viable culture.
(6) A product ingredient may not be listed, claimed or
guaranteed on the label or labeling without prior approval by the
department. + }
SECTION 5. { + In addition to the labeling requirements under
section 4 of this 2001 Act, the label for a lime product must
include the following:
(1) The name of the particular form of lime. Forms of lime may
include, but are not limited to, ground limestone, shells, burnt
lime, lime hydrate, sugar lime, residue lime, dolomitic lime,
lime sludge and waste lime.
(2) The guaranteed analysis, stating:
(a) The minimum percentage of calcium oxide (CaO) or calcium
carbonate (CaCO3);
(b) The minimum percentage of magnesium oxide (MgO) or
magnesium carbonate (MgCO3);
(c) The minimum total neutralizing power expressed in terms of
calcium carbonate equivalent (CCE);
(d) The percentage of product that will pass, respectively, a
100-mesh, 40-mesh, 20-mesh and 10-mesh sieve. The mesh size
declaration may include a declaration of the percentage of
product that will pass additional mesh sizes, but the mesh sizes
specified in this paragraph must be included in the mesh size
declaration;
(e) The lime score; and
(f) The maximum moisture content if the moisture content is
more than two percent, expressed in whole numbers as follows, '
Moisture content does not exceed ___ percent.' + }
SECTION 6. { + In addition to the labeling requirements under
section 4 of this 2001 Act, the label for an agricultural
amendment must include the following:
(1) A guaranteed analysis that contains the name and percentage
of each substance intended to be used as a source of plant food,
to induce crop yields or plant growth or to produce any physical
or chemical change in the soil, listed consecutively, followed by
Enrolled House Bill 3815 (HB 3815-B) Page 7
the percentage of other substances intended to be inert
ingredients.
(2) The purpose of the product.
(3) Directions for application. + }
SECTION 7. { + In addition to the labeling requirements under
section 4 of this 2001 Act, the label for an agricultural mineral
must include the following:
(1) The percentage of sulfur contained in the product if the
principal ingredient of the agricultural mineral is sulfur.
(2) The percentage of calcium sulfate, if the product is
gypsum, landplaster or plaster or is an agricultural mineral in
which calcium sulfate (CaSO4 o 2H2O) is the principal ingredient.
(3) The percentage of all ingredients contained in the product,
in terms prescribed by the State Department of Agriculture, for
all other agricultural minerals or mixtures of agricultural
minerals with a principal ingredient other than sulfur or calcium
sulfate. + }
SECTION 8. { + In addition to the guarantees of plant
nutrients required by section 4 of this 2001 Act, label
guarantees of other plant nutrients may be made from a list
approved by the State Department of Agriculture. + }
SECTION 9. { + A person may not sell or offer for sale for
agronomic purposes any leather, hair, wool waste, hoof, horn,
urea-formaldehyde condensation products or similar materials,
either singly or in combination, unless the products or materials
have been processed in such manner as to make the plant food
content available in conformity with the standards established by
the State Department of Agriculture, taking into consideration
the standards of activity recommended by recognized experts in
the field. + }
SECTION 10. { + (1) Each separately identifiable fertilizer,
agricultural amendment, agricultural mineral or lime product,
whether in package or in bulk, shall be registered with the State
Department of Agriculture. A person may not sell, offer for sale
or distribute a fertilizer, agricultural amendment, agricultural
mineral or lime product in this state until the fertilizer,
agricultural amendment, agricultural mineral or lime product is
registered with the department.
(2) The application for registration shall be made on a form or
forms provided by the department. The application for
registration shall include the following information:
(a) Product name and grade;
(b) Product label;
(c) Name and physical address of the registrant;
(d) Mailing address of the registrant;
(e) Product laboratory analysis;
(f) Supplier or suppliers of ingredients;
(g) Identification of the industry, industry process or
industry processes and location of the facility that generated
any waste-derived ingredient or ingredients; and
(h) Other information required by the department by rule.
(3) The application for registration shall be accompanied by a
nonrefundable registration fee established by department rule,
not to exceed $25 annually for each fertilizer, agricultural
amendment, agricultural mineral or lime product. For a
waste-derived product, the department shall also charge an annual
product evaluation fee. For a fertilizer, agricultural mineral or
agricultural amendment product, the department may charge a
product evaluation fee if supplementary research and evaluation
by the department is required in order to determine product
Enrolled House Bill 3815 (HB 3815-B) Page 8
compliance with sections 2 to 23 of this 2001 Act. The department
shall establish product evaluation fees by rule, not to exceed
$50. The department shall review the registration application
form and product label for compliance with sections 2 to 23 of
this 2001 Act. If the department finds that the application
information and product label comply with sections 2 to 23 of
this 2001 Act, the department shall issue a certificate of
registration to the registrant.
(4) Certificates of registration shall expire on December 31 of
each year, except that the department may grant a certificate of
registration for two years. Certificates of registration for two
years shall expire on December 31 of the last year in the
two-year period.
(5) The department may assess a $25 late registration fee for a
product if the registrant has not paid the registration fee prior
to the 30th day following the expiration of the certificate of
registration. A late registration fee assessed by the department
under this subsection shall be added to the registration fee
required under subsection (3) of this section and must be paid by
the registrant before the department may issue a certificate of
registration.
(6) The department may require proof of label or labeling
statements or claims of the efficacy and usefulness of an
ingredient prior to issuing a certificate of registration or at
any time deemed necessary by the department. As proof, the
department may request data from the registrant to support the
label or labeling claims. The department may also rely on other
experimental data, data from agricultural experiment stations,
product review evaluations and advice from other authoritative
sources. The data must be from recognized, statistically designed
and analyzed trials conducted by recognized experts in the field.
All supporting data shall be representative of the soil, crops
and climatic conditions found in the northwestern United States.
(7) In evaluating a label or labeling statement, claim or
guarantee, the department may require the submission of a written
statement describing the methodology of the laboratory analysis
used, the source of the ingredient material and any reference
material relied on to support the label or labeling statement,
claim or guarantee. Laboratory analyses submitted in support of
an application for registration must comply with laboratory
methods of analysis approved by the department.
(8) Each registrant shall notify the department of any change
that results in a laboratory analysis that differs from the
laboratory analysis submitted in support of the related
application for registration or any change in sources of product
ingredients declared on the application form. The registrant must
notify the department within 30 days following the change.
(9) The registrant shall identify as 'waste-derived' in the
application for registration any fertilizer, agricultural
amendment, agricultural mineral or lime product that is
waste-derived and distributed as a single ingredient product or
blended with other fertilizer, agricultural amendment,
agricultural mineral or lime products. The application for
registration must identify the industry, the industry process or
processes and the location of the facility that generated the
waste and all ingredients of concern as identified and adopted by
rule.
(10) The initial application for registration of a fertilizer,
agricultural amendment, agricultural mineral or lime product must
include a statement of the levels of metals in the product,
Enrolled House Bill 3815 (HB 3815-B) Page 9
including but not limited to arsenic (As), cadmium (Cd), mercury
(Hg), lead (Pb), nickel (Ni) or other metals or substances
identified by the department by rule. The registrant must provide
a laboratory analysis report, in accordance with acceptable
methods required by the department, to verify the levels of
metals or other substances in the product. Subsequent to initial
product registration, such analysis shall be provided upon
request by the department.
(11) The department shall establish by rule the level of metals
or other substances permitted in fertilizer, agricultural
amendment, agricultural mineral and lime products registered with
the department, including but not limited to the permitted levels
of arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb), nickel
(Ni) or other metals or substances identified by the department
by rule for the purpose of protecting humans, animals, water,
aquatic life, soil or beneficial plant life. The department shall
review the permitted level of metals or other substances in
fertilizer, agricultural amendment, agricultural mineral and lime
products a minimum of every five years.
(12) Notwithstanding subsection (1) of this section, a custom
mix is not required to be registered if all of the fertilizer,
agricultural amendment, agricultural mineral or lime products
contained in the final product are registered in accordance with
this section.
(13) The department may refuse to register any fertilizer,
agricultural amendment, agricultural mineral or lime product the
sale, offering for sale or distribution of which would violate
any of the provisions of sections 2 to 23 of this 2001 Act. The
registration of each product is a distinct and separate
registration, and the refusal to register or reregister any
product does not affect the registration of any other product by
the same person. + }
SECTION 11. { + The State Department of Agriculture shall
deposit revenues received under sections 2 to 23 of this 2001 Act
in the Department of Agriculture Service Fund. The revenues shall
be continuously appropriated to the department for the purpose of
administering and enforcing sections 2 to 23 of this 2001
Act. + }
SECTION 12. { + (1) A report of official sample, signed and
acknowledged by a chemist employed by the State Department of
Agriculture, other state agency or laboratory facility designated
by the department, relating to the analysis of any fertilizer,
agricultural amendment, agricultural mineral or lime product is
prima facie evidence that the sample identified in the report of
official sample was properly analyzed and that the substance
analyzed contained the constituent parts stated in the report of
official sample.
(2) A report of official sample, signed and acknowledged by the
department, relating to the sampling of any product is prima
facie evidence that the sample identified was taken from parcels,
containers or lots identified in the official request for
analysis. + }
SECTION 13. { + (1) The State Department of Agriculture shall
have access at reasonable times to records, premises, materials
or conveyances as necessary for the purpose of implementing
sections 2 to 23 of this 2001 Act.
(2) The department may take samples of any fertilizer,
agricultural amendment, agricultural mineral or lime product or
other substance sold, offered for sale or distributed into or
within this state at times the department deems necessary for the
Enrolled House Bill 3815 (HB 3815-B) Page 10
purpose of determining compliance with sections 2 to 23 of this
2001 Act.
(3) All sampling and analyses of fertilizer, agricultural
amendment, agricultural mineral and lime products shall be made
according to methods approved by the department. + }
SECTION 14. { + (1) When the State Department of Agriculture
has reasonable cause to believe any quantity or lot of
fertilizer, agricultural amendment, agricultural mineral or lime
product is sold, offered for sale, stored, used or distributed in
violation of sections 2 to 23 of this 2001 Act or rules adopted
thereunder, the department may, in accordance with ORS 561.605 to
561.620, issue and enforce a stop sale, use or removal order
prohibiting the disposal, distribution, use or removal of the
quantity or lot of product in any manner. The department may
enforce the order until all actions against the order, including
any contested case, are resolved or until the department gives
written permission releasing the product for disposal,
distribution, use or removal. The department shall given written
permission releasing the product when sections 2 to 23 of this
2001 Act are complied with.
(2) In accordance with ORS 561.605 to 561.620, the department
may seize any quantity or lot of product that the department
determines does not comply with sections 2 to 23 of this 2001
Act. + }
SECTION 15. { + In accordance with the applicable provisions
of ORS 183.310 to 183.550, the State Department of Agriculture
may adopt rules necessary to implement, administer and enforce
sections 2 to 23 of this 2001 Act, including but not limited to
rules for:
(1) Fertilizer, agricultural amendment, agricultural mineral
and lime product:
(a) Handling;
(b) Sampling;
(c) Storage;
(d) Labeling;
(e) Distribution;
(f) Definitions;
(g) Analysis;
(h) Records;
(i) Use;
(j) Minimum percentages;
(k) Investigational allowances; and
(L) Ingredients.
(2) Public access to product information of any fertilizer,
agricultural amendment, agricultural mineral or lime product. + }
SECTION 16. { + (1) A person may not:
(a) Sell, offer for sale or distribute mislabeled products;
(b) Register or attempt to register any product using
fraudulent or deceptive practices to evade or attempt to evade
the requirements of sections 2 to 23 of this 2001 Act or rules
adopted thereunder;
(c) Sell, offer for sale or distribute adulterated products;
(d) Fail, refuse or neglect to deliver to a purchaser of a bulk
fertilizer, agricultural amendment, agricultural mineral or lime
product a printed label that complies with sections 4 to 7 of
this 2001 Act;
(e) Sell, offer for sale or distribute a fertilizer,
agricultural amendment, agricultural mineral or lime product that
is not registered with the State Department of Agriculture under
section 10 of this 2001 Act;
Enrolled House Bill 3815 (HB 3815-B) Page 11
(f) Fail, refuse or neglect to keep or maintain records as
required under sections 18, 20 and 21 of this 2001 Act or refuse
to make available such records pursuant to section 13 of this
2001 Act upon request by the department;
(g) Make false or fraudulent applications, records, invoices or
reports;
(h) Fail, refuse or neglect to provide notification to the
department as required by section 10 (8) or 22 (5) of this 2001
Act;
(i) Fail, refuse or neglect to obtain a manufacturer-bulk
distributor license required under section 22 of this 2001 Act;
(j) Sell, use or remove any product subjected to a stop sale,
use or removal order until the product has been released in
accordance with section 14 of this 2001 Act;
(k) Impede, obstruct, hinder or otherwise prevent or attempt to
prevent the department from the performance of department duties
under sections 2 to 23 of this 2001 Act;
(L) Knowingly or intentionally make any false or misleading
representations in connection with the sale, offer for sale or
distribution of fertilizer, agricultural amendment, agricultural
mineral or lime products;
(m) Fail, refuse or neglect to file a semiannual statement with
the department as required under section 18 or 20 of this 2001
Act; or
(n) Fail, refuse or neglect to pay inspection fees required
under section 18 of this 2001 Act.
(2) A fertilizer, agricultural amendment, agricultural mineral
or lime product may be considered mislabeled if the label or
labeling:
(a) Is false, misleading or deceptive;
(b) Does not accurately reflect the composition of the product;
(c) Requires warning statements or directions for use that may
be necessary to protect humans, animals, water, aquatic life,
soil or beneficial plant life and such warning statements or
directions are not adequately stated on the label; or
(d) Does not comply with the requirements of sections 4 to 7 of
this 2001 Act.
(3) A fertilizer, agricultural amendment, agricultural mineral
or lime product may be considered adulterated if the product:
(a) Contains any deleterious or harmful ingredient in an amount
that is injurious to humans, animals, water, aquatic life, soil
or beneficial plant life when used in accordance with
instructions for product use on the label;
(b) Differs in composition from that which is claimed on the
label;
(c) Differs in composition from that which is claimed in the
information provided in accordance with section 10 of this 2001
Act; or
(d) Contains unwanted crop seed or weed seed. + }
SECTION 17. { + (1) In addition to any other liability or
penalty provided by law, a person that violates a provision of
sections 2 to 23 of this 2001 Act or rules adopted thereunder may
be subject to a civil penalty of not more than:
(a) $500 for the first violation within a three-year period;
(b) $1,500 for the second violation within a three-year period;
and
(c) $10,000 for each subsequent violation within a three-year
period.
(2) Enforcement guidance for civil penalty implementation
consistency will be determined by rule.
Enrolled House Bill 3815 (HB 3815-B) Page 12
(3) Notwithstanding subsection (1) of this section, any
violation that arises from gross negligence or willful misconduct
and results in substantial harm to human health or the
environment may be subject to a civil penalty of not more than
$10,000 for the initial violation or any subsequent violation.
(4) Each violation of a provision of sections 2 to 23 of this
2001 Act that results from an action is a separate and distinct
violation. A continuing violation may be deemed a separate and
distinct violation for each day's continued violation.
(5) A civil penalty imposed under sections 2 to 23 of this 2001
Act may be remitted or reduced upon such terms and conditions as
the Director of Agriculture considers proper and consistent with
the public health and safety. + }
SECTION 18. { + (1) An inspection fee in the amount set forth
under subsection (2) of this section shall be paid to the State
Department of Agriculture by any person who:
(a) Sells or distributes into this state, from foreign or
domestic sources, a fertilizer, agricultural mineral or
agricultural amendment product used as an ingredient in the
in-state manufacture of a fertilizer, agricultural mineral or
agricultural amendment product;
(b) Sells or distributes into this state, from foreign or
domestic sources, an end-use fertilizer, agricultural mineral or
agricultural amendment product for use within this state; or
(c) Sells or distributes into this state a fertilizer,
agricultural mineral or agricultural amendment product to the
extent the product is composed of ingredients for which an
inspection fee was not charged under paragraph (a) or (b) of this
subsection.
(2) A person described in subsection (1) of this section shall
pay the department an inspection fee in an amount established by
rule:
(a) Not to exceed $0.45 for each ton of fertilizer,
agricultural mineral or agricultural amendment products sold or
distributed, of which an amount not to exceed $0.25 must be
continuously appropriated to the department for the sole purpose
of funding grants for research and development related to the
interaction of fertilizer, agricultural mineral or agricultural
amendment products and ground water or surface water as described
in section 19 (1) of this 2001 Act.
(b) Not to exceed $0.05 for each ton of gypsum, land plaster
and each agricultural mineral with a principal ingredient of
calcium sulfate (CaSO4 o 2H2O) sold or distributed.
(3) Each person responsible for paying an inspection fee shall
file a semiannual statement with the department, on forms
provided by the department, setting forth the total tonnage of
each product distributed into or within the state during each
reporting period. There will be two six-month reporting periods,
January 1 through June 30 and July 1 through December 31 of each
year. Semiannual statements and inspection fees are due within 30
days after the end of each reporting period.
(4) Notwithstanding section 10 of this 2001 Act, the department
may suspend or deny registration of a product until the statement
is filed and the inspection fee is paid as required under this
section.
(5) If a person required to file a semiannual statement under
subsection (3) of this section does not sell or distribute any
fertilizer, agricultural amendment or agricultural mineral
product during a reporting period, the person shall file a
statement declaring that no sales or distribution occurred.
Enrolled House Bill 3815 (HB 3815-B) Page 13
(6) If a person required to file a semiannual statement or pay
an inspection fee does not file the statement or pay the fee
within 30 days of the due date established by the department, the
department may assess a collection fee of 10 percent of the
amount due or $25, whichever is greater, and the department may
withhold registration of the product until the report is filed
and the fee is paid.
(7) A person required to file a semiannual statement under
subsection (3) of this section shall maintain records and a
bookkeeping system that accurately indicate the tonnage of
fertilizer, agricultural mineral or agricultural amendment
product that is subject to annual inspection fees. Such records
shall be maintained for a period of three years. The department
may examine such records to verify the reported annual inspection
fees related to the amounts of product sold or distributed in
this state.
(8) Inspection fees may not be assessed on any fertilizer,
agricultural mineral or agricultural amendment product in
commercial transit that is not intended for use or final
distribution in this state.
(9) The provisions of ORS 561.450 apply to a person who refuses
to pay inspection fees due to the department under this section.
(10) In the case of duplicate inspection fee payments, an
application for refund must be made on forms provided by the
department and submitted to the department within 180 days of the
alleged overpayment. + }
SECTION 19. { + (1) There is created the Fertilizer Research
Committee to advise the Director of Agriculture on the funding of
grants for research and development related to the interaction of
fertilizer, agricultural mineral and agricultural amendment
products and ground water or surface water. The committee shall
consist of seven members appointed by the director as follows:
(a) The Director of Agriculture or the director's designee;
(b) Two members of the public who have no involvement in the
manufacture, distribution or sale of fertilizer, agricultural
mineral or agricultural amendment products;
(c) Three members representing the fertilizer, agricultural
mineral or agricultural amendment industry; and
(d) One member representing Oregon State University.
(2) The term of each member is two years, but a member serves
at the pleasure of the director. Before the expiration of the
term of a member, the director shall appoint a successor whose
term begins on January 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the director
shall make an appointment to become immediately effective for the
unexpired term.
(3) The committee shall select one of its members as
chairperson and another as vice chairperson, for such terms and
with duties and powers necessary for the performance of the
functions of such offices as the committee determines.
(4) A majority of the members of the committee constitutes a
quorum for the transaction of business.
(5) The committee shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the committee.
(6) The director may appoint an alternate committee member for
each member of the committee. + }
SECTION 20. { + (1) A semiannual statement shall be filed with
the State Department of Agriculture by any person who:
Enrolled House Bill 3815 (HB 3815-B) Page 14
(a) Sells or distributes into this state, from foreign or
domestic sources, lime products used as an ingredient in the
in-state manufacture of a fertilizer, agricultural amendment,
agricultural mineral or lime product;
(b) Sells or distributes into this state, from foreign or
domestic sources, end-use lime products for use within this
state; or
(c) Sells or distributes into this state a lime product
composed of ingredients not described under paragraph (a) or (b)
of this subsection.
(2) Each person required to file a statement under this section
shall file a semiannual statement with the department. The
statement shall set forth the total tonnage of lime product sold
or distributed into this state during the filing period. There
will be two six-month reporting periods, January 1 through June
30 and July 1 through December 31 of each year. Semiannual
statements are due within 30 days after the end of each reporting
period.
(3) If a person required to file a semiannual statement under
subsection (1) of this section does not sell or distribute lime
products during a reporting period, the person shall file a
statement declaring that no sales or distribution occurred.
(4) If a person does not file a semiannual report required
under this section, the department may assess a collection fee of
$25.
(5) A person required to file a semiannual statement under this
section shall maintain records and a bookkeeping system that
accurately indicate the tonnage of lime product sold or
distributed into this state. Such records shall be maintained for
a period of three years. + }
SECTION 21. { + (1) A person mixing or selling a custom mix of
fertilizer, agricultural amendment, agricultural mineral or lime
products shall keep for a period of at least three years after
mixing a record showing:
(a) The name and address of the purchaser;
(b) The date of mixing;
(c) A unique identifier for each mixture;
(d) The guarantees and information required under sections 4 to
7 of this 2001 Act or a list of the registered ingredients
showing the number of pounds and the grade of each ingredient in
the mixture or batch; and
(e) Any other information required by the State Department of
Agriculture.
(2) Undelivered parts of a custom mixture or batch shall at all
times be identified with the purchaser's name and unique
identifier.
(3) The records required by this section shall be available for
inspection during normal business hours by either the purchaser
or the department. + }
SECTION 22. { + (1) A manufacturer-bulk distributor license
issued by the State Department of Agriculture is required for
manufacturers or bulk distributors of registered or custom mixed
fertilizer, agricultural amendment, agricultural mineral or lime
products. A license is required for any business entity described
by either or both of the following conditions:
(a) Each out-of-state or in-state business entity that
distributes fertilizer, agricultural amendment, agricultural
mineral or lime in bulk.
Enrolled House Bill 3815 (HB 3815-B) Page 15
(b) Each in-state business entity that manufactures any
fertilizer, agricultural amendment, agricultural mineral or lime
product in this state.
(2) An application for a manufacturer-bulk distributor license
must be filed on forms provided by the department and must be
accompanied by a nonrefundable license fee to be determined by
rule, not to exceed $50 for each business entity per year.
(3) An application for a license must include but not be
limited to:
(a) The name, physical address and mailing address of the
business entity main office and primary contact;
(b) A list of locations that are in operation for more than 90
days during a license period; and
(c) Other information as required by the department to clarify
the manufacturer's or bulk distributor's activities or location.
(4) A manufacturer-bulk distributor license will expire on
December 31 of each year. A late fee of $25 may be assessed by
the department on or after the 30th day following the expiration
of a license if the license fee has not been paid by the
applicant. The late fee shall be added to the required license
fee and must be paid by the applicant before the department may
issue a license to the applicant.
(5) Within 30 days, each license holder shall report any change
to the department that results in the addition, removal or change
of a location. + }
SECTION 23. { + (1) Information required under section 10
(2)(f) and (g) and (6) of this 2001 Act is exempt from disclosure
under ORS 192.410 to 192.505. The State Department of Agriculture
may not divulge any information provided to the department in
accordance with section 10 (2)(f) and (g) and (6) of this 2001
Act.
(2) Notwithstanding subsection (1) of this section, the
information required under sections 2 to 23 of this 2001 Act may
be used by the department for any administrative or enforcement
action the department deems necessary. In addition, the
department may:
(a) Accumulate and publish statistics from statements required
by sections 18 and 20 of this 2001 Act in a manner that does not
divulge the business operations of the person submitting a
report;
(b) Consult with the Department of Environmental Quality or
other state or federal agencies in regard to information provided
under section 10 (2)(f) and (g) of this 2001 Act to ensure
compliance with applicable regulations; and
(c) Disclose data required under section 10 (6) of this 2001
Act to experts for the purpose of evaluating product data
submitted in support of registration. + }
SECTION 24. ORS 468B.150 is amended to read:
468B.150. As used in ORS 448.268, 448.271 and 468B.150 to
468B.190:
(1) 'Area of ground water concern' means an area of the state
subject to a declaration by the Department of Environmental
Quality under ORS 468B.175 or the Health Division under ORS
448.268.
(2) 'Contaminant' means any chemical, ion, radionuclide,
synthetic organic compound, microorganism, waste or other
substance that does not occur naturally in ground water or that
occurs naturally but at a lower concentration.
(3) 'Ground water management area' means an area in which
contaminants in the ground water have exceeded the levels
Enrolled House Bill 3815 (HB 3815-B) Page 16
established under ORS 468B.165, and the affected area is subject
to a declaration under ORS 468B.180.
(4) 'Fertilizer' has the meaning given that term in { - ORS
633.310 - } { + section 2 of this 2001 Act + }.
(5) 'Pesticide' has the meaning given that term in ORS 634.006.
SECTION 25. ORS 468B.165 is amended to read:
468B.165. (1) Within 90 days after receiving the
recommendations of the technical advisory committee under ORS
468B.166, the Environmental Quality Commission shall begin
rulemaking to first adopt final rules establishing maximum
measurable levels for contaminants in ground water. The
commission shall adopt the final rules not later than 180 days
after the commission provides notice under ORS 183.335.
(2) The adoption or failure to adopt a rule establishing a
maximum measurable level for a contaminant under subsection (1)
of this section shall not alone be construed to require the
imposition of restrictions on the use of fertilizers under
{ - ORS 633.310 to 633.495 - } { + sections 2 to 23 of this
2001 Act + } or the use of pesticides under ORS chapter 634.
SECTION 26. ORS 480.200 is amended to read:
480.200. As used in ORS 480.200 to 480.290 unless the context
requires otherwise:
(1) 'Certificate of possession' means a certificate issued
under ORS 480.235 by the State Fire Marshal to applicants who
have met the requirements of ORS 480.200 to 480.290.
(2) 'Certificate of registration' means a certificate of
registration issued under ORS 480.244 by the State Fire Marshal
for an explosives magazine.
(3) 'Explosive' means a chemical compound, mixture or device,
the primary or common purpose of which is to function by
explosion. The term includes, but is not limited to, dynamite,
pellet powder, initiating explosives, detonators, safety fuses,
squibs, detonating cord, igniter cord and igniters, but excludes
fireworks, as defined in ORS 480.110 (1), black powder, smokeless
powder, small arms ammunition, small arms ammunition primers and
fertilizer, as defined in { - ORS 633.310 - } { + section 2
of this 2001 Act + }.
(4) 'Issuing authority' means the State Fire Marshal or an
assistant appointed by the State Fire Marshal under ORS 480.280
(2).
(5) 'Magazine' means an approved facility for the storage of
explosives.
(6) 'Small arms ammunition' means a shotgun, rifle, pistol or
revolver cartridge.
(7) 'Small arms ammunition primers' means small
percussion-sensitive explosive charges encased in a cup and used
to ignite propellant powder.
SECTION 27. ORS 561.144 is amended to read:
561.144. (1) The State Treasurer shall establish a Department
of Agriculture Service Fund which shall be a trust fund separate
from the General Fund and included under ORS 293.115 (6), and
which shall not be subject to ORS 293.105 and 293.110. The State
Department of Agriculture shall deposit all license and service
fees paid to it under the provisions of the statutes identified
in subsection (3) of this section in the Department of
Agriculture Service Fund. The State Treasurer is the custodian of
this trust fund which shall be deposited by the treasurer in such
depositories as are authorized to receive deposits of the General
Fund, and which may be invested by the treasurer in the same
manner as authorized by ORS 293.701 to 293.820.
Enrolled House Bill 3815 (HB 3815-B) Page 17
(2) Notwithstanding ORS 293.140, interest received on deposits
credited to the Department of Agriculture Service Fund shall
accrue to and become a part of the Department of Agriculture
Service Fund.
(3) The license and service fees subject to this section are
those described in ORS 561.400, 570.710, 571.057, 571.063,
571.145, 583.004, 583.046, 583.445, 583.510, 583.610, 585.050,
586.270, 586.580, 586.650, 596.030, 596.311, 599.235, 599.269,
599.406, 599.610, 600.030, 601.040, 602.090, 603.025, 603.075,
616.706, 618.115, 618.136, 619.031, 621.072, 621.166, 621.266,
621.297, 621.335, 621.730, 622.080, 625.180, 628.240, 632.211,
632.425, 632.600, 632.720, 632.730, 632.741, 632.940, 632.945,
633.015, 633.029, { - 633.361, 633.460, - } 633.680, 633.700,
633.720, 634.016, 634.116, 634.122, 634.126, 634.132, 634.136,
634.212 and 635.030 { + and sections 10, 18, 20 and 22 of this
2001 Act + }.
SECTION 28. { + Notwithstanding the term of office specified
by section 19 of this 2001 Act, of the members first appointed to
the Fertilizer Research Committee:
(1) Two shall serve for terms ending January 1, 2004.
(2) Two shall serve for terms ending January 1, 2005.
(3) Three shall serve for terms ending January 1, 2006. + }
SECTION 29. { + Sections 4 (1)(i) and 10 (11) of this 2001 Act
become operative January 1, 2003. + }
SECTION 30. { + ORS 633.310, 633.320, 633.330, 633.335,
633.340, 633.343, 633.345, 633.350, 633.361, 633.370, 633.380,
633.390, 633.420, 633.430, 633.440, 633.450, 633.460, 633.470,
633.475, 633.485, 633.495 and 633.500 are repealed. + }
SECTION 31. { + Notwithstanding any other law, the amount of
$394,057 is established for the biennium beginning July 1, 2001,
as the maximum limit for payment of expenses from fees, moneys or
other revenues, including Miscellaneous Receipts, but excluding
lottery funds and federal funds, collected or received by the
State Department of Agriculture for purposes of carrying out
sections 2 to 23 of this 2001 Act. + }
----------
Enrolled House Bill 3815 (HB 3815-B) Page 18
Passed by House June 21, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 26, 2001
...........................................................
President of Senate
Enrolled House Bill 3815 (HB 3815-B) Page 19
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3815 (HB 3815-B) Page 20
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