70th OREGON LEGISLATIVE ASSEMBLY--1999 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 806
House Bill 2117
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of State Department of
Agriculture)
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.
Allows State Department of Agriculture to establish permissible
levels, registration requirements and labeling requirements for
nonnutritive components in fertilizer, lime, agricultural
amendment and agricultural minerals. Imposes civil penalties not
to exceed $10,000 for violation of fertilizer, lime, agricultural
amendment or agricultural minerals labeling requirement, failure
to deliver bulk delivery ticket, offer or sale of nonconforming
animal by-products for fertilizer use, brand or grade
registration violation, obstruction of department sampling, false
or misleading representation of product, nonpayment of inspection
fee, failure to timely file inspection fee report, failure to
keep custom mix record, failure to file quarterly sale and
delivery record and violation of related rules, regulations and
orders of department. Adds defined term.
A BILL FOR AN ACT
Relating to soil additives; creating new provisions; amending ORS
633.310, 633.320, 633.330, 633.335, 633.340 and 633.361; and
appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 1999 Act is added to and made
a part of ORS 633.310 to 633.495. + }
SECTION 2. { + The State Department of Agriculture may adopt
rules establishing permissible levels of nonnutritive components
in fertilizer, lime, agricultural amendment and agricultural
minerals and rules establishing registration and labeling
requirements pertaining to nonnutritive components in those
products. In adopting the rules, the department may consider the
purpose and use rate of the material and the recommendations of:
(1) The Association of American Plant Food Control Officials;
(2) Fertilizer regulatory programs of other states;
(3) The Department of Environmental Quality;
(4) The United States Environmental Protection Agency; and
(5) Other authorities recognized by the State Department of
Agriculture. + }
SECTION 3. { + (1) In addition to any applicable criminal
sanction under ORS 633.992 or other penalty, a person who
violates ORS 633.320, 633.330, 633.335, 633.340, 633.345,
633.350, 633.361, 633.390, 633.420, 633.460, 633.470, 633.475 or
633.485, a rule adopted under ORS 633.361, 633.440 or section 2
of this 1999 Act or a term or condition of an order issued under
ORS 633.440 is subject to a civil penalty imposed by the State
Department of Agriculture. The civil penalty shall not exceed
$10,000.
(2) Each occurrence of a violation described under subsection
(1) of this section is a separate offense subject to a separate
civil penalty. Each day of a continuing violation is subject to a
separate civil penalty.
(3) The State Department of Agriculture shall establish one or
more schedules fixing the civil penalty applicable to each type
of violation described in subsection (1) of this section.
(4) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
(5) All moneys from civil penalties recovered under this
section shall be deposited into the General Fund to the credit of
the Department of Agriculture Account. Moneys deposited under
this subsection are continuously appropriated to the department
for the administration and enforcement of ORS 633.310 to
633.495. + }
SECTION 4. ORS 633.310 is amended to read:
633.310. As used in ORS 633.310 to 633.495:
(1) 'Agricultural amendment' means one or more of the
following, either mixed or unmixed: Synthetic organic chemical
substance, a chemically or physically modified natural substance,
a naturally occurring substance { - , - } or a manufacturing
by-product, intended as a source of plant food, { - or - } to
induce crop yields or plant growth { - , - } or to produce any
physical or chemical change in the soil { - , but - } { + .
'Agricultural amendment' + } does not mean a fertilizer, an
agricultural mineral, lime or a pesticide as defined in ORS
634.006 (8), and does not include hays, straws, peat, leaf mold,
unfortified animal manures, sand and expanded silicates.
(2) 'Agricultural minerals' means mineral substances, mixtures
of mineral substances { - , - } and mixtures of mineral and
organic substances, except animal manures, containing less than
five percent in available form of nitrogen, phosphorus pentoxide
(phosphoric acid) or potassium oxide (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 producing any physical or chemical change
in the soil { - , except - } { + . 'Agricultural minerals' does
not include + } lime, sand and soil.
{ + (3) 'Available phosphoric acid' means available
phosphate. + }
{ - (3) - } { + (4) + } 'Brand' means a term, design or
trademark used in connection with the distribution and sale of
one or more grades of fertilizer, agricultural minerals,
agricultural amendment or lime.
{ - (4) - } { + (5) + } 'Bulk' or 'bulk sale' is the sale,
offering or exposing for sale or delivery, of fertilizer,
agricultural minerals, agricultural amendment, lime or custom
mix, in:
(a) Open containers, closed or open tote boxes, closed or open
tanks, closed or open trailers or spreader trucks, all of which
may be further described and defined by the State Department of
Agriculture; or
(b) Other types of containers, vehicles or conveyances
recognized by the department.
{ - (5) - } { + (6) + } 'Fertilizer' means { - any - }
{ + a + } substance, or { - any - } { + a + } combination
or mixture of substances, designed for use principally 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 shall contain five percent or more of
available nitrogen, phosphorus pentoxide (phosphoric acid) or
potassium oxide (potash), singly, collectively or in combination
{ - , except - } { + . ' Fertilizer' does not include + }
hays, straws, peat and leaf mold, and unfortified animal manures.
{ - (6) - } { + (7) + } 'Custom mix' means a mixture of
fertilizer, agricultural minerals, agricultural amendment and
lime, or { - any - } { + a + } mixture of two or more
{ - such - } { + of those + } products, each lot or batch of
which is mixed according to the specific instructions of, or
prescribed for the special use of, the final purchaser.
{ - (7) - } { + (8) + } 'Department' means the State
Department of Agriculture.
{ - (8) - } { + (9) + } 'Grade' means the chemical analysis
required to be stated on the label.
{ - (9) - } { + (10) + } 'Lime' means { - any - } { +
a + } substance or mixture of substances the principal
constituent of which is calcium carbonate, calcium hydroxide or
calcium oxide, either singly or mixed with each other. 'Lime'
includes dolomite.
{ - (10) - } { + (11) + } 'Package' means { - any - }
{ + a + } closed container, regardless of size, but does not
mean the receptacle in which bulk is sold, exposed or offered for
sale or delivered.
{ - (11) - } { + (12) + } 'Percent' or 'percentage' means
percentage by weight.
SECTION 5. ORS 633.320 is amended to read:
633.320. (1) No fertilizer, in package or in bulk, shall be
sold, offered or exposed for sale { - , - } or delivered unless
there is a printed label attached or applied to the package
{ - , - } or, in the case of bulk sale { + , + } a separate
invoice as prescribed in ORS 633.345 { - , - } is furnished to
the user or purchaser. { - Such - } { + The + } label or
invoice shall state:
(a) The brand under which the product is sold.
(b) The number of net pounds, or liquid measure, of fertilizer
contained therein.
(c) The name and address of the manufacturer, importer or
dealer.
(d) The grade of the product stated in the form and order
prescribed by subsection (3) of this section.
(2) Except as otherwise provided in subsection (4) of this
section, in stating the grade of the fertilizer, only the minimum
percentages of nitrogen, phosphoric acid (phosphorus pentoxide),
and potash (potassium oxide) shall be stated, in whole numbers
only.
(3)(a) Except as otherwise provided in subsections (4) and (5)
of this section, the label shall state the grade guaranteed in
the following form and order:
_________________________________________________________________
Total nitrogen (N) __ percent (whole numbers only).
Available phosphoric acid (P2O5) __ percent (whole numbers
only).
Available potash (K2O) __ percent (whole numbers only).
_________________________________________________________________
(b) In addition to the total guarantees for nitrogen (N),
specified in paragraph (a) of this subsection, there may be shown
on the label or invoice, by indentation and subscript in small
letters, or as otherwise prescribed by the State Department of
Agriculture, guarantees showing forms of nitrogen such as:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
TOTAL NITROGEN (N) 10%
Organic (or water insolu5%e)
Ammoniacal 3%
Nitrate 2%
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(c) In addition to guarantees of available phosphoric pentoxide
(P2O5) and available potassium oxide (K2O), the percentage of
phosphorus (P) and potassium (K), respectively, may be shown by
indentation and subscript as prescribed by the department.
(4) The grade guaranteed may be stated in fractional rather
than in whole numbers for fertilizers { - which - } { +
that + } have not been physically combined or mixed.
(5) If the fertilizer consists entirely of bone, or tankage, or
natural organic phosphates, in which all the phosphoric acid is
not shown by laboratory methods to be available, the phosphoric
acid content (P2O5) may be guaranteed on the label, or invoice,
as 'total phosphoric acid,' but in no case shall both the total
and available phosphoric acid be guaranteed on the same label or
invoice.
{ + (6) In addition to the requirements of subsections (1) to
(5) of this section, the labeling of fertilizer is subject to the
requirements of rules adopted under section 2 of this 1999
Act. + }
SECTION 6. ORS 633.330 is amended to read:
633.330. (1) No lime shall be sold, offered or exposed for sale
{ - , - } or delivered to a user for agricultural purposes, in
package form { + , + } without a plainly printed label on or
attached to each package containing { - such - } { + the + }
lime { + . + } { - ; or, - } If { + lime is + } sold, offered
or exposed for sale { - , - } or delivered in bulk, an invoice
as prescribed in ORS 633.345 { - , - } shall be delivered to
the purchaser or user of { - such - } { + the + } lime. The
invoice or label shall contain the following plainly printed
information:
(a) The brand under which the material is sold.
(b) The number of pounds in each package or bulk lot.
(c) The name of the particular form of the lime, such as ground
limestone, shells, burnt lime, lime hydrate, sugar lime, residue
lime, dolomitic lime.
(d) The name and principal address of the manufacturer or other
person responsible for placing the material on the market in this
state.
(e) The grade guarantee stating { + :
(A) + } The minimum percentage of calcium oxide or carbonate
contained therein { - , - } { + ;
(B) + } The percentage of magnesium oxide or carbonate
contained { - , - } { + ;
(C) + } The minimum total neutralizing power expressed in terms
of calcium carbonate { + ; + } and
{ + (D) + } The percentage of material 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 material 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.
(f) If over two percent, the maximum moisture content shall be
shown as follows: 'Moisture content does not exceed _ percent
(whole numbers only). '
(2) No { - other - } form of label or invoice { - nor any
other - } { + and no + } chemical term shall be used { +
other + } than those specified in this section { + . + } { - ,
nor shall any - } { + No + } misleading brand { + shall + } be
used in designating the material.
(3) The provisions of this section do not apply to:
(a) A manufacturer or person who permits a user or farmer to
haul or remove lime from the premises of the manufacturer or
person and does not sell { - such - } { + the + } lime;
or { + + }a manufacturer or person who hauls or deposits
residue lime, without selling the
{ - same - } { + residue lime + }, to a location other than
the premises of the manufacturer or person, for use by farmers,
or for placing { - such - } { + the + } lime at the disposal
or distribution of persons who thereafter will further dispose or
distribute { - such - } { + the + } lime to farmers or users
thereof.
(b) A state agency, county, city, district organized on a
nonprofit basis for public purpose, political subdivision or
municipal, quasi-municipal or public corporation, distributing or
dispensing residue lime { - which - } { + that + } is not
sold but for which only a small service charge is made to the
farmer or user.
{ + (4) In addition to the requirements of subsections (1)
and (2) of this section, the labeling of lime is subject to the
requirements of rules adopted under section 2 of this 1999
Act. + }
SECTION 7. ORS 633.335 is amended to read:
633.335. (1) No agricultural amendment { + , + } packaged or in
bulk { + , + } shall be sold, offered or exposed for sale or
delivered unless there is a printed label attached or applied to
the package or, in the case of bulk sale { + , + } a separate
invoice as prescribed in ORS 633.345 is furnished to the user or
purchaser. { - Such - } { + The + } label or invoice shall
state:
(a) The brand name;
(b) { + The + } guaranteed analysis: Name and percent, by
weight, of each active ingredient listed consecutively followed
by percent of inert ingredients;
(c) { + The + } purpose of { + the + } product;
(d) Direction for application;
(e) { + The + } name and address of { + the + } manufacturer
or distributor; and
(f) The net contents.
(2) No ingredient may be listed or guaranteed on the labeling
of agricultural amendments without first obtaining approval of
the { + State + } Department { + of Agriculture + }.
{ + (3) In addition to the requirements of subsections (1)
and (2) of this section, the labeling of agricultural amendments
is subject to the requirements of rules adopted under section 2
of this 1999 Act. + }
SECTION 8. ORS 633.340 is amended to read:
633.340. { + (1) + } No agricultural minerals shall be sold,
offered or exposed for sale { - , - } or delivered to a user
without a plainly printed label on { + , + } or attached
to { + , + } each package containing { - such - } { + the + }
agricultural minerals { - , - } or { + , + } if sold or
delivered in bulk, an invoice as prescribed in ORS 633.345 { - ,
shall be - } delivered to the user. The invoice or label shall
contain the following plainly printed information:
{ - (1) - } { + (a) + } The brand under which the material
is sold.
{ - (2) - } { + (b) + } The number of pounds or liquid
measure in each package or bulk lot.
{ - (3) - } { + (c) + } The name and principal address of
the manufacturer or other person responsible for placing the
material on the market in this state.
{ - (4) - } { + (d) + } The grade, which shall state:
{ - (a) - } { + (A) + } In case of sulphur, brimstone and
every agricultural mineral the principal ingredient of which is
sulphur, the percentage of sulphur therein.
{ - (b) - } { + (B) + } In case of gypsum, land plaster,
plaster and every agricultural mineral the principal constituent
of which is calcium sulphate, the percentage of calcium sulphate
(CaSO42H2O) therein.
{ - (c) - } { + (C) + } In case of phosphate rock and every
other agricultural mineral the principal constituent of which is
calcium phosphate, the percentage of both the available and the
total phosphoric acid in terms of phosphorus pentoxide.
{ - (d) - } { + (D) + } In case of any agricultural mineral
not specifically mentioned in this section, the percentage of all
constituents claimed to be therein in terms of equivalents
prescribed by the State Department of Agriculture.
{ - (e) - } { + (E) + } In case of any mixture of two or
more agricultural minerals, the percentage of each principal
constituent as prescribed in this section.
{ + (2) In addition to the requirements of subsection (1) of
this section, the labeling of agricultural minerals is subject to
the requirements of rules adopted under section 2 of this 1999
Act. + }
SECTION 9. ORS 633.361 is amended to read:
633.361. (1) Except as otherwise provided by law, each brand
and grade of fertilizer, agricultural minerals, agricultural
amendment or lime, whether in package or in bulk, shall be
registered with the State Department of Agriculture by the
manufacturer of { - such - } { + the + } product or the agent
of the manufacturer as defined and prescribed by the department.
No person shall sell, offer or expose for sale { - , - } or
deliver to a user fertilizer, agricultural minerals, agricultural
amendment or lime except under a registered brand and grade.
(2) The application for registration of a brand of fertilizer,
agricultural minerals, agricultural amendment or lime shall be
made on forms provided by the department. The application for
registration of a brand of fertilizer, agricultural minerals,
agricultural amendment or a combination of registered brands or
grades as required by subsection (7) of this section, shall be
accompanied by an annual registration fee of $25, and the
application for registration of a brand of lime shall be
accompanied by an annual registration fee of $10. The application
for brand registration shall be made annually during the month of
December, and shall be accompanied by a list of the various
grades of fertilizer, agricultural minerals, agricultural
amendment or lime the applicant expects to market during the
ensuing calendar year. The grades included on { - such - }
{ + the + } list shall be considered the grades to be
registered for use during the ensuing calendar year.
(3) The registration of a new brand of fertilizer, agricultural
minerals, agricultural amendment or lime, or a combination of
registered brands as required by subsection (7) of this section,
may be made at any time during { - any - } { + the + }
calendar year upon application and payment of a registration fee
for the balance of the calendar year of $25 { - if the - }
{ + for a + } brand { - is - } of fertilizer, agricultural
minerals { - , - } or agricultural amendment or $10 { - if
the - } { + for a + } brand { - is - } of lime. The
application for registration of a new brand shall be accompanied
by a list of the various new grades of fertilizer, agricultural
minerals, agricultural amendment or lime that the applicant
expects to market during the balance of the calendar year under
the new brand. The grades included on { - such - } { +
the + } list shall be considered the grades to be registered for
use during the balance of the calendar year.
(4) The registration of a new grade within a registered brand
may be made any time during { - any - } { + the + } calendar
year upon application listing the new grade to be registered and
the registered brand under which the new grade is to be used.
(5) No fee shall be charged for the registration of a grade to
be used under a registered brand.
(6) Each manufacturer, importer or person who has complied with
ORS 633.310 to 633.495 shall receive from the department a
certificate indicating the brands and grades registered by the
manufacturer, importer or person.
(7) Registration of a brand and grade of fertilizer,
agricultural minerals, agricultural amendments or lime under ORS
633.310 to 633.495 relieves all retailers or other persons from
the necessity of registering { - such - } { + the + }
material, except that whenever registered brands or grades
representing two different sources of manufacture, not a custom
mix, are combined in one receptacle, for sale, or offered for
sale, or delivery in bulk, the person authorizing or responsible
for such mixture shall be deemed a manufacturer and shall
register the combination as a new brand or grade.
(8) A custom mix is not required to be registered under this
section.
{ + (9) The department, by rule, may impose additional
fertilizer, lime, agricultural amendment and agricultural
minerals brand or grade registration criteria that the department
considers reasonable and necessary for content regulation or
disclosure. The department may charge appropriate additional fees
to administer and enforce the criteria. + }
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