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; and appropriating money.

 
 
 
     71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3871
 
                         House Bill 3815
 
Sponsored by Representative KROPF (at the request of Oregonians
  for Food and Shelter)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Regulates sale, offering for sale and distribution of
fertilizer, agricultural amendment, agricultural mineral, lime
product and custom mix. Creates Fertilizer Research Committee to
advise Director of Agriculture.
  Imposes civil penalty of at least $500 for violation.
 
                        A BILL FOR 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; and appropriating money.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + 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633.475, 633.485, 633.495 and 633.500 are repealed.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 2.  { + Sections 3 to 24 of this 2001 Act are added to
and made a part of ORS chapter 633. + }
  SECTION 3.  { + As used in sections 3 to 24 of this 2001 Act:
  (1) 'Agricultural amendment' means one or more of the
following, either mixed or unmixed, a synthetic organic chemical
substance, a chemically or physically modified natural substance,
a naturally occurring substance or a manufacturing by-product
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. 'Agricultural amendment' does not include:
  (a) Fertilizers;
  (b) Agricultural minerals;
  (c) Lime products;
  (d) Pesticides as defined in ORS 634.006;
  (e) Hays;
  (f) Straws;
  (g) Peat;
  (h) Leaf mold;
  (i) Sands;
  (j) Expanded silicates;
  (k) Biosolids-derived products;
  (L) Compost;
  (m) Unpackaged animal or vegetable manures that do not contain
a grade statement or guaranteed analysis;
  (n) Biosolids, domestic septage and domestic wastewater
treatment facility solids regulated under ORS chapters 468 and
468B; and
  (o) Reclaimed water and 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, available phosphate or soluble potash, singly,
collectively or in combination, designed for use principally as a
source of plant food, in inducing increased crop yields or plant
growth, or for producing any physical or chemical change in the
soil. 'Agricultural minerals' do not include:
  (a) Fertilizers;
  (b) Agricultural amendments;
  (c) Lime products;
  (d) Sands;
  (e) Soils;
  (f) Biosolids-derived products;
  (g) Compost;
  (h) 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
  (j) Reclaimed water and treated effluent regulated under ORS
468.020, 468B.010 and 468B.015.
  (3) 'Available phosphate' means available phosphoric acid or
the sum of the water soluble and citrate soluble phosphate.
  (4) 'Bulk' or 'bulk sale' is the sale, offering for sale or
distribution of unpackaged fertilizer, agricultural amendment,
agricultural mineral, lime product or custom mix in:
  (a) Open containers, closed or open tote boxes, closed or open
tanks, closed or open trailers or spreader trucks; or
  (b) Other types of containers, vehicles or conveyances as
determined by the State Department of Agriculture.
  (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
amendment, agricultural mineral or lime product is added other
than to promote decomposition.
  (6) 'Custom mix' means a mixture of fertilizer, agricultural
amendment, agricultural mineral 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) 'Distributor' means a person who imports, consigns,
produces, compounds, mixes or blends, sells or offers for sale,
barters, exchanges or otherwise facilitates the supply of
fertilizer, agricultural amendment, agricultural mineral or lime
product.
  (9) 'Fertilizer' means any substance, or any combination or
mixture of substances, designed for use primarily as a source of
plant food, in inducing increased crop yields or plant growth or
for producing any physical or chemical change in the soil and
that contains five percent or more of available nitrogen,
available phosphate or soluble potash, singly, collectively or in
combination. 'Fertilizer' does not include:
  (a) Agricultural amendments;
  (b) Agricultural minerals;
  (c) Lime products;
  (d) Hays;
  (e) Straws;
  (f) Peat;
  (g) Leaf mold;
  (h) Biosolids-derived products;
  (i) Compost;
  (j) Unpackaged animal or vegetable manures that 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 and treated effluent regulated under ORS
468.020, 468B.010 and 468B.015.
  (10) 'Grade' means the minimum percentage claimed for available
nitrogen, available phosphate or soluble potash stated in the
same terms, order and percentages as the guaranteed analysis.
  (11) 'Guaranteed analysis' means the minimum percentage of the
following claimed to be present in a product:
  (a) Primary or secondary nutrients;
  (b) Micronutrients;
  (c) Neutralizing capability; or
  (d) Substances claimed to induce crop yields or plant growth or
to produce any physical or chemical change in the soil.
  (12) 'Label' or 'labeling' means:
  (a) All written, printed or graphic matter on the immediate
container or on a statement or invoice accompanying any
fertilizer, agricultural amendment, agricultural mineral or lime
product; and
  (b) All advertisements used to promote the sale of any
fertilizer, agricultural amendment, agricultural mineral or lime
product, including but not limited to:
  (A) Brochures;
  (B) Posters;
  (C) Internet advertisements; and
  (D) Television, radio and other similar advertisements.
  (13) 'Lime' means any substance or mixture of substances whose
calcium and magnesium compounds are capable of neutralizing soil
acidity.
  (14) 'Lime score' means a numerical expression of the quality
of lime, as determined by the department.
  (15) 'Manufacture' means to compound, produce, granulate, mix,
blend, repackage or otherwise alter the composition of
fertilizer, agricultural amendment, agricultural mineral or lime
product.
  (16) 'Micronutrient' means boron (B), chlorine (Cl), cobalt
(Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo),
sodium (Na) or zinc (Zn).
  (17) 'Official sample' means any representative sample of
product taken by the department and designated as official.
  (18) '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.
  (19) 'Percent' or 'percentage' means percentage by weight.
  (20) 'Phosphate' means:
  (a) Available phosphoric acid;
  (b) Available phosphate; or
  (c) The amount of pentavalent phosphorus present in the
material calculated as phosphorus pentoxide.
  (21) 'Primary nutrient' means nitrogen (N), available phosphate
or soluble potash.
  (22) 'Product' means a readily distinguishable, individually
labeled fertilizer, agricultural amendment, agricultural mineral
or lime product.
  (23) 'Registrant' means the person who registers a fertilizer,
agricultural amendment, agricultural mineral or lime product
under section 5 of this 2001 Act.
  (24) 'Secondary nutrient' means calcium (Ca), magnesium (Mg) or
sulfur (S).
  (25) 'Ton' means 2,000 pounds avoirdupois.
  (26) 'Waste-derived product' means any fertilizer, agricultural
amendment, agricultural mineral or lime product derived from
hazardous waste as defined in ORS 466.005 or in rules adopted
thereunder, solid waste as described in ORS 459.005 or in rules
adopted thereunder, or industrial waste as defined in ORS
468B.005 or in rules adopted thereunder. 'Waste-derived product '
does not include:
  (a) Biosolids;
  (b) Biosolids-derived products, domestic septage and domestic
wastewater treatment facility solids regulated under ORS chapters
468 and 468B; or
  (c) Reclaimed water and treated effluent regulated under ORS
468.020, 468B.010 and 468B.015. + }
  SECTION 4.  { + Sections 3 to 24 of this 2001 Act apply only to
the extent that they are consistent with ORS chapter 634. Nothing
in sections 3 to 24 of this 2001 Act is intended to supersede the
provisions of ORS chapter 634. + }
  SECTION 5.  { + (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 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) The name and physical address of the registrant;
  (d) Product laboratory analysis;
  (e) Supplier or suppliers of ingredients;
  (f) Identification of the industry process or processes and
location that generated any waste-derived ingredient; and
  (g) Other information required by the department.
  (3) The application for registration shall be accompanied by a
non-refundable registration fee of not more than $50 per year per
fertilizer, agricultural amendment, agricultural mineral or lime
product. The department may also charge a product evaluation fee
of not more than $50 per agricultural amendment or any
waste-derived product. The department shall review the
registration application form and product label for compliance
with sections 3 to 24 of this 2001 Act. If the department finds
the application information and product label comply with
sections 3 to 24 of this 2001 Act, the department shall issue a
certificate of registration to the registrant.
  (4) Certificates of registration shall expire on December 31
each year unless the department grants a certificate of
registration for more than one year. Certificates of registration
granted for more than one year shall expire on December 31 of the
last year of the multiple-year period.
  (5) The department may assess a $25 late registration fee per
product on or after February 15 following the expiration of the
certificate of registration if the registration fee has not been
paid by the applicant. 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 applicant before the department may issue
a certificate of registration to the applicant.
  (6) The department may require proof of labeling statements or
claims of the value and usefulness of an ingredient prior to
issuing a certificate of registration or at any time deemed
necessary by the department. As evidence of proof, the department
may request data from the registrant to support the registrant's
claims. The department may also rely on other experimental data,
data from agricultural experiment stations, product review
evaluations and advice from other authoritative sources. Such
data may 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 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 statement, claim or guarantee.
Laboratory analyses submitted in support of an application for
registration must comply with methods approved by the department.
  (8) Within 30 days, 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.
  (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 product. The industry process and
location that generated the waste and all constituents of concern
must also be identified.
  (10) The initial application for registration shall include a
statement of the levels of metals in the product including but
not limited to arsenic (As), cadmium (Cd), mercury (Hg), lead
(Pb), nickel (Ni) or other metals or substances identified by the
department. 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 the level of metals
permitted in fertilizer, agricultural amendment, agricultural
mineral and lime product 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 as necessarily
limited for the purpose of protecting humans, animals, water,
aquatic life, soil or beneficial plant life. The department shall
review the permitted metal levels every five years and adjust the
permitted levels as appropriate.
  (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 product
contained in the final product is registered in accordance with
this section.
  (13) The department may refuse to register any fertilizer,
agricultural amendment, agricultural mineral or lime product the
sale of which would violate any of the provisions of sections 3
to 24 of this 2001 Act. The department may issue a stop sale, use
or removal order for products offered for sale or distribution
that are in violation of sections 3 to 24 of this 2001 Act. The
department may keep a stop sale, use or removal order in place
until all actions against such order, including a contested case,
are resolved. Subject to section 15 of this 2001 Act, the
registration of each product is a distinct and separate
registration and the refusal to register or re-register any
product does not affect the registration of any other product by
the same person. + }
 
 
  SECTION 6.  { + (1) A manufacturer-bulk distributor license
issued by the State Department of Agriculture is required for all
registered or custom mixed products:
  (a) Distributed in bulk by an out-of-state or in-state
location; and
  (b) Manufactured by an in-state location.
  (2) An application for licensure for each location that the
manufacturer or distributor has operated for more than 90 days
shall be filed on forms provided by the department and must be
accompanied by a nonrefundable license fee of not more than $50
per location.
  (3) The department may charge a fee for licensure. Licenses
expire on December 31 each year. The department may assess a $25
late fee on or after the 30th day following the expiration of a
license if the license fee has not been paid by the applicant. A
late fee issued by the department shall be added to the fee
required for licensure and must be paid by the applicant before
the department may issue a license to the applicant.
  (4) An application for licensure shall include but not be
limited to:
  (a) The name and physical address of the applicant;
  (b) A list of locations; and
  (c) Other information required by the department.
  (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 7.  { + (1) A person may not sell, offer for sale or
distribute fertilizer, agricultural amendment, agricultural
mineral 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:
  (a) The name under which the product is registered or sold;
  (b) The weight or volume of the product that is sold, offered
for sale or distributed into or within this state;
  (c) The name and mailing address of the manufacturer,
distributor or registrant;
  (d) A derivation statement in accordance with section 9 of this
2001 Act;
  (e) The product grade if primary nutrients are claimed;
  (f) A guaranteed analysis in accordance with section 8 of this
2001 Act;
  (g) A discernible identification number for custom mixed
products; and
  (h) An Internet address that leads to a department website with
product-specific information.
  (2) The label for any 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.
  (3) A product ingredient may not be listed, claimed or
guaranteed on the label or labeling without prior approval by the
department.
  (4)(a) In addition to the labeling requirements under
subsections (1) and (2) of this section, if the 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 the 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.
  (5) In addition to the labeling requirements under subsections
(1) and (2) of this section, the label for a lime product must
include:
  (a) The name of the particular form of lime; and
  (b) 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.  '
  (6) In addition to the labeling requirements under subsections
(1) and (2) of this section, the label for an agricultural
amendment must include the purpose of the product and directions
for application.
  (7) In addition to the labeling requirements under subsections
(1) and (2) of this section, the label for an agricultural
mineral shall include:
  (a) The percentage of sulfur contained in the product if the
principal ingredient of the agricultural mineral is sulfur;
  (b) The percentage of calcium sulfate contained in the product
if the principal ingredient of the agricultural mineral is
calcium sulfate; and
  (c) The percentage of all constituents contained in the
product, in terms prescribed by the department, for all other
agricultural minerals or mixtures of agricultural minerals with a
principal ingredient other than sulfur or calcium sulfate. + }
  SECTION 8.  { + (1) A fertilizer, agricultural amendment,
agricultural mineral or lime product, in package or in bulk, may
not be sold, offered for sale or distributed into or within this
state unless the printed label required under section 7 of this
2001 Act contains a guaranteed analysis. Primary and secondary
nutrients and micronutrients that are claimed or advertised must
be guaranteed.
  (2) The guaranteed analysis must follow the statement '
GUARANTEED ANALYSIS.  '
  (3) The guaranteed analysis shall be based on the laboratory
method of an independent scientific association of analytical
scientists or if no such laboratory method is available, the
analysis shall be based on a laboratory method approved by the
State Department of Agriculture.
  (4) The guaranteed analysis shall be stated on an 'as is '
basis at the time the fertilizer, agricultural amendment,
agricultural mineral or lime product is offered for sale or
distributed into or within this state.
  (5)(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*            %
  ___
% Ammoniacal Nitrogen
  ___
% Nitrate Nitrogen
  ___
% Water Soluble Organic
  Nitrogen or other recognized
  and determinable forms of Nitrogen
  Available Phosphate        %
  Soluble Potash         % + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
   { +  *The guarantees for the forms of nitrogen must add up to
the total nitrogen guarantee and may be shown by subscript. No
implied order of the forms of nitrogen is intended. + }
_________________________________________________________________
   { +  (b)(A) The following secondary nutrients and
micronutrients that are claimed or advertised must be guaranteed
and placed on the label. Except for guaranteed analysis for water
soluble nutrients labeled for ready-to-use foliar or liquid
products, hydroponic or continuous liquid feed programs and any
other products defined by the department, the minimum percentages
that will 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%
  Molybdenum (Mo)......0.0005%
  Sodium (Na)..........0.1000%
  Zinc (Zn)........0.0500% + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
   { +  (B) The guaranteed analysis of secondary nutrients and
micronutrients must appear on the label in the order listed under
subparagraph (A) of this paragraph and must immediately follow
the guaranteed analysis of primary nutrients required under
paragraph (a) of this subsection. 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.
  (c) Ingredients other than primary and secondary nutrients and
micronutrients that are claimed or advertised must be guaranteed
and determinable by laboratory methods. 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.
_______________________________________________________________
 
   { +
ALSO CONTAINS NONPLANT FOOD INGREDIENT(S):
  ___
% Humic Acids (Derived from _____
)
  ___
% Other Determinable Nonplant Food Ingredients + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
   { +  (d) In addition to guarantees of available phosphate and
soluble potash, the percentage of phosphorus (P) and potassium
(K) may be shown by indentation and subscript as prescribed by
the department. Phosphorus acid may not be claimed as a source of
available phosphate.
  (e) 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.
_______________________________________________________________
 
   { +
Av%ilable phosphate
  ___
% Total Phosphate
  ___
% Insoluble Phosphate + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
   { +  (6) In addition to the guaranteed analysis requirements
of this section, the guaranteed analysis for lime products shall
include:
  (a) The minimum percentage of calcium oxide or carbonate;
  (b) The percentage of magnesium oxide or carbonate;
  (c) The minimum total neutralizing power expressed in terms of
calcium carbonate equivalent (CCE); and
  (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 in every case
the mesh sizes specified in this paragraph shall be included in
the mesh size declaration.
  (7) In addition to the guaranteed analysis requirements of this
section, the guaranteed analysis for agricultural amendments
shall include 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 the percentage of other
substances intended to be inert ingredients. + }
  SECTION 9.  { + (1) A fertilizer, agricultural amendment,
agricultural mineral or lime product, in package or in bulk, may
not be sold, offered for sale or distributed into or within this
state unless the printed label required under section 7 of this
2001 Act contains a derivation statement declaring the source of
all plant nutrients guaranteed. The derivation statement shall
appear on the printed label required under section 7 of this 2001
Act below the guaranteed analysis required under section 8 of
this 2001 Act.
  (2) 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. + }
  SECTION 10.  { + The State Department of Agriculture shall have
access at reasonable times to records, premises, materials or
conveyances that are necessary for the purposes of implementing
sections 3 to 24 of this 2001 Act. + }
 
  SECTION 11.  { + The State Department of Agriculture may take
samples of any fertilizer, agricultural amendment, agricultural
mineral, lime product or other substance sold, offered for sale
or distributed into or within this state at times the department
deems necessary for the purpose of determining compliance with
sections 3 to 24 of this 2001 Act. + }
  SECTION 12.  { + (1) All sampling and analyses of fertilizer,
agricultural amendment, agricultural mineral and lime product
shall be made according to methods approved by the State
Department of Agriculture.
  (2) A report of official sample, signed and acknowledged by a
chemist employed by the department, other state agency or
laboratory facility designated by the department, relating to the
analysis of any product is prima facie evidence that the sample
identified in the report of official sample was properly analyzed
as provided in subsection (1) of this section and that the
substance analyzed contained the constituent parts stated in the
report of official sample.
  (3) 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.  { + In accordance with the applicable provisions
of ORS 183.310 to 183.550, the State Department of Agriculture
shall adopt rules necessary to implement, administer and enforce
sections 3 to 24 of this 2001 Act, including but not limited to
rules for fertilizer, agricultural amendment, agricultural
mineral and lime product:
  (1) Use;
  (2) Handling;
  (3) Sampling;
  (4) Storage;
  (5) Labeling;
  (6) Distribution;
  (7) Definitions;
  (8) Analysis;
  (9) Records;
  (10) Minimum percentages;
  (11) Permitted metal levels;
  (12) Investigational allowances;
  (13) Ingredients; and
  (14) Public access to product information. + }
  SECTION 14.  { + (1) Each person described in subsection (2) of
this section shall pay to the State Department of Agriculture a
nonrefundable annual inspection fee of not less than a total of
$10 and not more than $0.45 for each ton of fertilizer,
agricultural amendment or agricultural mineral and not more than
an additional $0.05 for each ton of agricultural mineral with a
principle component of calcium sulfate.
  (2) A nonrefundable annual inspection fee, in the amount set
forth under subsection (1) of this section, shall be paid to the
department by any person who:
  (a) Sells or distributes into this state, from foreign or
domestic sources, fertilizer, agricultural amendment or
agricultural mineral used as ingredients in the in-state
manufacture of product; or
  (b) Sells or distributes into this state, from foreign or
domestic sources, end-use fertilizer, agricultural amendment or
agricultural mineral for use within this state. + }
  SECTION 15.  { + (1)(a) Each person who pays an annual
inspection fee to the State Department of Agriculture under
section 14 of this 2001 Act shall file a semiannual statement
with the department on July 1 and December 31 each year. The
statement shall set forth the total tonnage of each product
distributed in the state during the filing period.
  (b) The following persons shall file a semiannual statement
with the department on July 1 and December 31 each year setting
forth the total tonnage of each product distributed in the state
during the filing period:
  (A) Each person who sells or distributes into this state, from
foreign or domestic sources, lime product used as ingredients in
the in-state manufacture of fertilizer, agricultural amendment,
agricultural mineral or lime product; or
  (B) Each person who sells or distributes into this state, from
foreign or domestic sources, end-use lime product for use within
this state.
  (2) Notwithstanding section 5 of this 2001 Act, the department
may immediately cancel all registrations on file for any person
failing to make an accurate statement of tonnage or failing to
pay the annual inspection fee required under section 14 of this
2001 Act.
  (3)(a) If no fertilizer, agricultural amendment or agricultural
mineral is sold or distributed during the year, a person required
to file a semiannual statement under subsection (1) of this
section shall file a statement declaring no sales or distribution
and shall pay the minimum, nonrefundable annual inspection fee.
  (b) If no lime product is sold or distributed during the year,
a person required to file a semiannual statement under subsection
(1) of this section shall file a statement declaring no sales or
distribution.
  (4) A person required to file a semiannual statement under
subsection (1) of this section shall maintain records and a
bookkeeping system that will accurately indicate the tonnage of
fertilizer, agricultural amendment, agricultural mineral or lime
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 distributed in this state.
  (5) Annual inspection fees may not be assessed on any
fertilizer, agricultural amendment, agricultural mineral or lime
product in commercial transit that are not intended for use or
final distribution in this state.
  (6) The provisions of ORS 561.450 apply to a person who refuses
to pay annual inspection fees due to the department under section
14 of this 2001 Act.
  (7) If a person required to file a semiannual report or pay an
annual inspection fee does not file the report 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. + }
  SECTION 16.  { + 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 17.  { + (1) Each person mixing or selling a custom mix
of fertilizer, agricultural amendment, agricultural mineral or
lime products shall keep for a period of at least two years after
mixing a record showing:
  (a) The name and address of the purchaser;
  (b) The date of mixing;
  (c) A discernible identification number for each mixture;
  (d) The information required under sections 7 and 8 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 discernible
identification number.
  (3) The records required by this section shall be available for
inspection during normal business hours by either the purchaser
or the department. + }
  SECTION 18.  { + All applicable provisions of ORS chapter 634
shall be complied with when a fertilizer, agricultural amendment,
agricultural mineral or lime product contains a pesticide
regulated under ORS chapter 634. + }
  SECTION 19.  { + (1) Information required under sections 5 and
15 of this 2001 Act is not a public record. The State Department
of Agriculture may not divulge any information provided to the
department in accordance with those sections.
  (2) Notwithstanding subsection (1) of this section, the
information required under sections 5 and 15 of this 2001 Act may
be used by the department for any administrative or enforcement
action the department deems necessary. + }
  SECTION 20.  { + (1) There is created the Fertilizer Research
Committee to advise the Director of Agriculture on research and
development, including but not limited to ways to obtain funding
for grants, related to the interaction of fertilizer,
agricultural amendment, agricultural mineral or lime products and
ground 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
amendment, agricultural mineral or lime product;
  (c) Three members representing the fertilizer, agricultural
amendment, agricultural mineral or lime product 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.
  (7) Of the amount collected for annual inspection fees under
section 14 of this 2001 Act, not more than $0.25 for each ton of
fertilizer, agricultural amendment or agricultural mineral shall
be used by the department for the purpose of funding grants and
research under this section. + }
  SECTION 21.  { + (1) It is unlawful for a person to:
  (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 3 to 24 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 bulk
fertilizer, agricultural amendment, agricultural mineral or lime
product a printed label that complies with section 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 5 of this 2001 Act;
  (f) Refuse or neglect to keep or maintain records as required
under sections 15 and 17 of this 2001 Act or refuse to make
available such records pursuant to section 10 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 5 (8) of this 2001 Act;
  (i) Fail, refuse or neglect to obtain a manufacturer-bulk
distributor license required under section 6 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 23 of this 2001 Act;
  (k) Impede, obstruct, hinder or otherwise prevent or attempt to
prevent the department from the performance of its duties under
sections 3 to 24 of this 2001 Act; or
  (L) Knowingly or intentionally make any false or misleading
representations in connection with the sale, offer of sale or
distribution of fertilizer, agricultural amendment, agricultural
mineral or lime products.
  (2)(a) A fertilizer, agricultural amendment, agricultural
mineral or lime product may be considered 'mislabeled' if the
printed label required under section 7 of this 2001 Act is:
  (A) False, misleading or deceptive;
  (B) Distributed under the name of another material;
  (C) Does not accurately reflect the composition of the product;
or
  (D) Does not comply with the requirements of section 7 of this
2001 Act.
  (b) 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) 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 warnings or directions are
not adequately stated on the label;
  (C) Differs in composition from that which is claimed on the
label;
  (D) Differs in composition from that which is claimed in the
information provided in accordance with section 5 of this 2001
Act; or
  (E) Contains unwanted crop seed or weed seed. + }
  SECTION 22.  { + (1) In addition to any other liability or
penalty provided by law, a person that violates sections 3 to 24
of this 2001 Act or rules adopted thereunder may be subject to a
civil penalty of not more than $500 for the first violation,
$1,500 for the second violation and not more than $10,000 for
each subsequent violation within a three-year period.
  (2) 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.
 
 
  (3) Each violation is a separate and distinct violation. A
continuing violation may be deemed a separate and distinct
violation for each day's continued violation. + }
  SECTION 23.  { + (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 3 to 24 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 or removal of the quantity
or lot of product in any manner until the written permission is
given by the department to do so. The department shall given
written permission releasing the product when sections 3 to 24 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 3 to 24 of this 2001
Act. + }
  SECTION 24.  { + (1) All moneys collected by the State
Department of Agriculture under sections 5, 6, 14 and 15 of this
2001 Act shall be credited to the Department of Agriculture
Service Fund.  All moneys credited to the fund under this section
are continuously appropriated to the department for the purposes
of sections 3 to 24 of this 2001 Act.
  (2) Any civil penalty received by the department under section
22 of this 2001 Act shall be deposited in the General Fund to the
credit of the Department of Agriculture Account and is
continuously appropriated to the department for the purposes of
sections 3 to 24 of this 2001 Act. + }
  SECTION 25. 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
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 3 of this 2001 Act + }.
  (5) 'Pesticide' has the meaning given that term in ORS 634.006.
  SECTION 26. 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 3 to 24 of this
2001 Act + } or the use of pesticides under ORS chapter 634.
  SECTION 27. 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 3
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 28. 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.
  (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 5, 6, 14 and 15 of this
2001 Act + }.
  SECTION 29.  { + Notwithstanding the term of office specified
by section 20 of this 2001 Act, of the members first appointed to
the Fertilizer Research Committee:
  (1) Two shall serve for a term ending January 1, 2004.
  (2) Two shall serve for a term ending January 1, 2005.
  (3) Three shall serve for a term ending January 1, 2006. + }
  SECTION 30.  { + Sections 2 to 24 and 29 of this 2001 Act, the
amendments to ORS 468B.150, 468B.165, 480.200 and 561.144 by
sections 25 to 28 of this 2001 Act and the repeal of statutes by
section 1 of this 2001 Act become operative January 1, 2003. + }
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