USA Washington

USA Statutes : washington
Title : Agriculture and marketing
Chapter : Fertilizers, minerals, and limes
RCW 15.54.330Commercial fertilizer registration Application review Labels and guarantees.(1) The department shall examine the commercial fertilizer product registration application form and labels for conformance with the requirements of this chapter. If the application and appropriate labels are in proper form and contain the required information, the particular commercial fertilizer products shall be registered by the department and a certificate of registration shall be issued to the applicant.  (2) In reviewing the commercial fertilizer product registration application, the department may consider experimental data, manufacturers' evaluations, data from agricultural experiment stations, product review evaluations, or other authoritative sources to substantiate labeling claims. The data shall be from statistically designed and analyzed trials representative of the soil, crops, and climatic conditions found in the northwestern area of the United States.  (3) In determining whether approval of a labeling statement or guarantee of an ingredient is appropriate, the department may require the submission of a written statement describing the methodology of laboratory analysis utilized, the source of the ingredient material, and any reference material relied upon to support the label statement or guarantee of ingredient.  (4) Before registering a waste-derived fertilizer or micronutrient fertilizer, the department shall obtain written approval from the department of ecology as provided in RCW 15.54.820. Once a waste-derived fertilizer or micronutrient fertilizer has been approved by the department of ecology, its subsequent use in another product during that registration cycle shall not require department of ecology review. This subsection shall apply to new and renewal registration applications for periods beginning July 1, 1999, and thereafter.[1999 c 383 § 2; 1998 c 36 § 5; 1993 c 183 § 4; 1967 ex.s. c 22 § 21.]Notes:Effective date -- 1999 c 383: See note following RCW 15.54.325.Short title -- 1998 c 36: See note following RCW 15.54.265. RCW 15.54.340Labeling requirements.(1) Any commercial fertilizer distributed in this state shall have placed on or affixed to the package a label setting forth in clearly legible and conspicuous form the following information:  (a) The net weight;  (b) The product name, brand, and grade. The grade is not required if no primary nutrients are claimed;  (c) The guaranteed analysis;  (d) The name and address of the registrant or licensee. The name and address of the manufacturer, if different from the registrant or licensee, may also be stated;  (e) Any information required under WAC 296-62-054;  (f) A statement, established by rule, referring persons to the department's Uniform Resource Locator (URL) internet address where data regarding the metals content of the product is located; and  (g) Other information as required by the department by rule.  (2) If a commercial fertilizer is distributed in bulk, a written or printed statement of the information required by subsection (1) of this section shall accompany delivery and be supplied to the purchaser at the time of delivery.  (3) Each delivery of a customer-formula fertilizer shall be subject to containing those ingredients specified by the purchaser, which ingredients shall be shown on the statement or invoice with the amount contained therein, and a record of all invoices of customer-formula grade mixes shall be kept by the registrant or licensee for a period of twelve months and shall be available to the department upon request: PROVIDED, That each such delivery shall be accompanied by either a statement, invoice, a delivery slip, or a label if bagged, containing the following information: The net weight; the brand; the guaranteed analysis which may be stated to the nearest tenth of a percent or to the next lower whole number; the name and address of the registrant or licensee, or manufacturer, or both; and the name and address of the purchaser.[2003 c 15 § 1; 1999 c 381 § 1; 1998 c 36 § 6; 1993 c 183 § 5; 1987 c 45 § 12; 1967 ex.s. c 22 § 22.]Notes:Effective date -- 2003 c 15 § 1: "Section 1 of this act takes effect January 1, 2004." [2003 c 15 § 2.]Effective date -- 1999 c 381: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999." [1999 c 381 § 2.]Short title -- 1998 c 36: See note following RCW 15.54.265.Construction -- Severability -- 1987 c 45: See notes following RCW 15.54.270. RCW 15.54.350Inspection fees.(1) There shall be paid to the department for all commercial fertilizers distributed in this state to nonregistrants or nonlicensees an inspection fee of fifteen cents per ton of lime and thirty cents per ton of all other commercial fertilizer distributed during the year beginning July 1st and ending June 30th.  (2) Distribution of commercial fertilizers for shipment to points outside this state may be excluded.  (3) When more than one distributor is involved in the distribution of a commercial fertilizer, the last registrant or licensee who distributes to a nonregistrant or nonlicensee is responsible for paying the inspection fee, unless the payment of fees has been made by a prior distributor of the fertilizer.[1993 c 183 § 6; 1987 c 45 § 13; 1981 c 297 § 18; 1975 1st ex.s. c 257 § 9; 1967 ex.s. c 22 § 23.]Notes:Construction -- Severability -- 1987 c 45: See notes following RCW 15.54.270.Severability -- 1981 c 297: See note following RCW 15.36.201.Effective date -- 1975 1st ex.s. c 257: See note following RCW 15.13.470. RCW 15.54.362Reports Inspection fees Confidentiality, exception.(1) Every registrant or licensee who distributes commercial fertilizer in this state shall file a semiannual report on forms provided by the department setting forth the number of net tons of each commercial fertilizer so distributed in this state. The reports will cover the following periods: January 1 through June 30 and July 1 through December 31 of each year. Upon permission of the department, an annual statement under oath may be filed for the annual reporting period of July 1 through June 30 of any year by any person distributing within the state less than one hundred tons for each six-month period during any calendar year, and upon filing such statement, such person shall pay the inspection fee required under RCW 15.54.350. The department may accept sales records or other records accurately reflecting the tonnage sold and verifying such reports.  (2) Each person responsible for the payment of inspection fees for commercial fertilizer distributed in this state shall include the inspection fees with the report on the same dates and for the same reporting periods mentioned in subsection (1) of this section. If in one year a registrant or licensee distributes less than eighty-three tons of commercial fertilizer or less than one hundred sixty-seven tons of commercial lime or equivalent combination of the two, the registrant or licensee shall pay the minimum inspection fee. The minimum inspection fee shall be twenty-five dollars per year.  (3) The department may, upon request, require registrants or licensees to furnish information setting forth the net tons of commercial fertilizer distributed to each location in this state.  (4) Semiannual or annual reports filed after the close of the corresponding reporting period shall pay a late filing fee of twenty-five dollars. Inspection fees which are due and have not been remitted to the department by the due date shall have a late-collection fee of ten percent, but not less than twenty-five dollars, added to the amount due when payment is finally made. The assessment of this late collection fee shall not prevent the department from taking any other action as provided for in this chapter.  (5) It shall be a misdemeanor for any person to divulge any information provided under this section that would reveal the business operation of the person making the report. However, nothing contained in this subsection may be construed to prevent or make unlawful the use of information concerning the business operations of a person in any action, suit, or proceeding instituted under the authority of this chapter, including any civil action for the collection of unpaid inspection fees, which action is hereby authorized and which shall be as an action at law in the name of the director of the department.[1993 c 183 § 7; 1987 c 45 § 14.]Notes:Construction -- Severability -- 1987 c 45: See notes following RCW 15.54.270. RCW 15.54.370Official samples Inspection, analysis, testing Right of entry.(1) It shall be the duty of the department to inspect, sample, make analysis of, and test commercial fertilizers distributed within this state at such time and place and to such an extent as it may deem necessary to determine whether such fertilizers are in compliance with the provisions of this chapter. The department is authorized to stop any commercial vehicle transporting fertilizers on the public highways and direct it to the nearest scales approved by the department to check weights of fertilizers being delivered. The department is also authorized, upon presentation of proper identification, to enter any distributor's premises, including any vehicle of transport, at all reasonable times in order to have access to commercial fertilizers and to records relating to their distribution.  (2) The methods of sampling and analysis shall be those adopted by the department from officially recognized sources.  (3) The department, in determining for administrative purposes whether a fertilizer is deficient in any component or total nutrients, shall be guided solely by the official sample as defined in RCW 15.54.270 and obtained and analyzed as provided for in this section.  (4) When the inspection and analysis of an official sample has been made, the results of analysis shall be forwarded by the department to the registrant or licensee and to the purchaser, if known. Upon request and within thirty days, the department shall furnish to the registrant or licensee a portion of the sample concerned.  (5) Analysis of an official sample by the department shall be accepted as prima facie evidence by any court of competent jurisdiction.[1993 c 183 § 8; 1987 c 45 § 16; 1967 ex.s. c 22 § 25.]Notes:Construction -- Severability -- 1987 c 45: See notes following RCW 15.54.270. RCW 15.54.400Restrictions on sale Minimum percentages.No superphosphate containing less than eighteen percent of available phosphoric acid may be sold or offered for sale in this state. Specialty fertilizers, except manipulated animal and vegetable manures, guaranteeing less than five percent total plant food shall contain on the label specific directions for use, and prior to registration, the department may require proof of the efficacy of the product when used as directed.[1987 c 45 § 19; 1967 ex.s. c 22 § 28.]Notes:Construction -- Severability -- 1987 c 45: See notes following RCW 15.54.270. RCW 15.54.412Misbranding.No person may distribute misbranded commercial fertilizer. A commercial fertilizer shall be deemed to be misbranded:  (1) If its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular;  (2) If it is distributed under the name of another fertilizer product;  (3) If its labeling bears any reference to registration under this chapter unless such reference is required by rule under this chapter;  (4) If any word, statement, or other information, required by this chapter or rules adopted thereunder to appear on the label or labeling, is not prominently placed thereon with such conspicuousness (as compared with other words, statements, design, or graphic matter in the labeling), and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or  (5) If it purports to be or is represented as a fertilizer, or is represented as containing a plant nutrient or fertilizer unless such plant nutrient or fertilizer conforms to the definition of identity, if any, prescribed by the department by rule. In adopting such rules the department shall give due regard to commonly accepted definitions and official fertilizer terms such as those issued by the association of American plant food control officials.[1987 c 45 § 20.]Notes:Construction -- Severability -- 1987 c 45: See notes following RCW 15.54.270. RCW 15.54.420Unlawful acts.It shall be unlawful for any person to:  (1) Distribute an adulterated or misbranded commercial fertilizer;  (2) Fail, refuse, or neglect to place upon or attach to each package of distributed commercial fertilizer a label containing all of the information required by this chapter;  (3) Fail, refuse, or neglect to deliver to a purchaser of bulk commercial fertilizer a statement containing the information required by this chapter;  (4) Distribute a commercial fertilizer product which has not been registered with the department;  (5) Distribute bulk fertilizer without holding a license to do so;  (6) Refuse or neglect to keep and maintain records, or to make reports when and as required; or  (7) Make false or fraudulent applications, records, invoices, or reports.[1998 c 36 § 9; 1993 c 183 § 11; 1987 c 45 § 22; 1967 ex.s. c 22 § 30.]Notes:Short title -- 1998 c 36: See note following RCW 15.54.265.Construction -- Severability -- 1987 c 45: See notes following RCW 15.54.270. RCW 15.54.430Publication of distribution information, analyses results.The department shall publish at least annually and in such form as it may deem proper (1) information concerning the distribution of commercial fertilizers and (2) results of analyses based on official samples as compared with the analyses guaranteed.[1967 ex.s. c 22 § 31.] RCW 15.54.460Damages from administrative action, stop sales or seizures.No state court shall allow the recovery of damages from administrative action taken or for stop sales or seizures under RCW 15.54.440 and 15.54.450 if the court finds that there was probable cause for such action.[1967 ex.s. c 22 § 34.] RCW 15.54.470Violations Department discretion Duty of prosecuting attorney Injunctions.(1) Any person who violates any provision of this chapter shall be guilty of a misdemeanor, and the fines collected shall be disposed of as provided under RCW 15.54.480.  (2) Nothing in this chapter shall be considered as requiring the department to report for prosecution or to cancel the registration of a commercial fertilizer product or to stop the sale of fertilizers for violations of this chapter, when violations are of a minor character, and/or when the department believes that the public interest will be served and protected by a suitable notice of the violation in writing.  (3) It shall be the duty of each prosecuting attorney to whom any violation of this chapter is reported, to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the department reports a violation of this chapter for such prosecution, an opportunity shall be given the distributor to present his or her view in writing or orally to the department.  (4) The department is hereby authorized to apply for, and the court authorized to grant, a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule adopted under this chapter, notwithstanding the existence of any other remedy at law. Any such injunction shall be issued without bond.[1998 c 36 § 11; 1993 c 183 § 13; 1967 ex.s. c 22 § 35.]Notes:Short title -- 1998 c 36: See note following RCW 15.54.265. RCW 15.54.480Disposition of moneys.(1) Except as provided in subsection (2) of this section, all moneys collected under the provisions of this chapter shall be paid to the director and deposited in an account within the agricultural local fund. Such deposits shall be used only in the administration and enforcement of this chapter.  (2) Moneys collected under RCW 15.54.474 shall be deposited in the general fund.[1998 c 36 § 13; 1988 c 254 § 3; 1975 1st ex.s. c 257 § 11; 1967 ex.s. c 22 § 36.]Notes:Short title -- 1998 c 36: See note following RCW 15.54.265.Effective date -- 1975 1st ex.s. c 257: See note following RCW 15.13.470. RCW 15.54.800Enforcement of chapter Adoption of rules.(1) The director shall administer and enforce the provisions of this chapter and any rules adopted under this chapter. All authority and requirements provided for in chapter 34.05 RCW apply to this chapter in the adoption of rules.  (2) The director may adopt appropriate rules for carrying out the purpose and provisions of this chapter, including but not limited to rules providing for:  (a) Definitions of terms;  (b) Determining standards for labeling and registration of commercial fertilizers;  (c) The collection and examination of commercial fertilizers;  (d) Recordkeeping by registrants and licensees;  (e) Regulation of the use and disposal of commercial fertilizers for the protection of ground water and surface water; and  (f) The safe handling, transportation, storage, display, and distribution of commercial fertilizers.  (3)(a) Standards are established for allowable levels of nonnutritive substances in commercial fertilizers. These standards are Canadian figures for agricultural and agri-food Canadian maximum acceptable cumulative metal additions to soil established under Trade Memorandum T-4-93 dated August 1996. Washington application rates shall be used to ensure that the maximum acceptable cumulative metal additions to soil are not exceeded.  (b) If federal or other risk-based standards are adopted or scientific peer-reviewed studies show that the standards adopted in this section are not at the appropriate level to protect human health or the environment, the department, in consultation with the departments of ecology and health, may initiate a rule making [may adopt a rule] to amend these standards.[1998 c 36 § 15; 1997 c 427 § 3; 1993 c 183 § 14; 1987 c 45 § 9.]Notes:Short title -- 1998 c 36: See note following RCW 15.54.265.Construction -- Severability -- 1987 c 45: See notes following RCW 15.54.270. RCW 15.54.950Short title.RCW 15.54.270 through 15.54.490 and 15.54.910 through 15.54.940 shall be known as the "Washington Commercial Fertilizer Act."[1967 ex.s. c 22 § 42.]

USA Statutes : washington