HF 3823

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/15/2024 09:36am

A bill for an act
relating to agriculture; amending fertilizer definitions; amending Minnesota Statutes
2022, sections 18C.005, subdivision 33, by adding a subdivision; 18C.115,
subdivision 2; 18C.215, subdivision 1; 18C.221.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:

new text begin Subd. 1c. new text end

new text begin Beneficial substance. new text end

new text begin A "beneficial substance" is any substance or compound
other than a primary, secondary, and micro plant nutrient that can be demonstrated by
scientific research to be beneficial to one or more species of plants, soil, or media.
new text end

Sec. 2.

Minnesota Statutes 2022, section 18C.005, subdivision 33, is amended to read:

Subd. 33.

Soil amendment.

"Soil amendment" means a substance intended to improve
the structural, physical, new text begin chemical, biochemical, new text end or biological characteristics of the soil or new text begin , new text end
modify organic matter at or near the soil surface, except fertilizers, agricultural liming
materials, pesticides, and other materials exempted by the commissioner's rules.

Sec. 3.

Minnesota Statutes 2022, section 18C.115, subdivision 2, is amended to read:

Subd. 2.

Adoption of national standards.

Applicable national standards contained in
the deleted text begin 1996 official publication, number 49, deleted text end new text begin most recently published version new text end of the Association
of American Plant Food Control Officials including the rules and regulations, statements
of uniform interpretation and policy, and the official fertilizer terms and definitions, and
not otherwise adopted by the commissioner, may be adopted as fertilizer rules of this state.

Sec. 4.

Minnesota Statutes 2022, section 18C.215, subdivision 1, is amended to read:

Subdivision 1.

Packaged fertilizers.

(a) A person may not sell or distribute specialty
fertilizer in bags or other containers in this state unless a label is placed on or affixed to the
bag or container stating in a clear, legible, and conspicuous form the following information:

(1) the net weight new text begin and volume, if applicable new text end ;

(2) the brand and grade, except the grade is not required if primary nutrients are not
claimed;

(3) the guaranteed analysis;

(4) the name and address of the guarantor;

(5) directions for use, except directions for use are not required for custom blend specialty
fertilizers; and

(6) a derivatives statement.

(b) A person may not sell or distribute fertilizer for agricultural purposes in bags or other
containers in this state unless a label is placed on or affixed to the bag or container stating
in a clear, legible, and conspicuous form the information listed in paragraph (a), clauses (1)
to (4), except:

(1) the grade is not required if primary nutrients are not claimed; and

(2) the grade on the label is optional if the fertilizer is used only for agricultural purposes
and the guaranteed analysis statement is shown in the complete form as in section 18C.211.

(c) The labeled information must appear:

(1) on the front or back side of the container;

(2) on the upper one-third of the side of the container;

(3) on the upper end of the container; or

(4) printed on a tag affixed to the upper end of the container.

(d) If a person sells a custom blend specialty fertilizer in bags or other containers, the
information required in paragraph (a) must either be affixed to the bag or container as
required in paragraph (c) or be furnished to the customer on an invoice or delivery ticket
in written or printed form.

Sec. 5.

Minnesota Statutes 2022, section 18C.221, is amended to read:

18C.221 FERTILIZER PLANT FOOD CONTENT.

(a) Products that are deficient in plant food content are subject to this subdivision.

(b) An analysis must show that a fertilizer is deficient:

(1) in one or more of its guaranteed primary plant nutrients beyond the investigational
allowances and compensations as established by regulation; or

(2) if the overall index value of the fertilizer is shown below the level established by
rule.

(c) A deficiency in an official sample of mixed fertilizer resulting from nonuniformity
is not distinguishable from a deficiency due to actual plant nutrient shortage and is properly
subject to official action.

(d) For the purpose of determining the commercial index value to be applied, the
commissioner shall determine at least annually the values per unit of nitrogen, available
deleted text begin phosphoric acid deleted text end new text begin phosphate new text end , and soluble potash in fertilizers in this state.

(e) If a fertilizer in the possession of the consumer is found by the commissioner to be
short in weight, the registrant or licensee of the fertilizer must submit a penalty payment of
two times the value of the actual shortage to the consumer within 30 days after official
notice from the commissioner.