1.1                          A bill for an act 
  1.2             relating to agriculture; regulating the use on turf of 
  1.3             certain fertilizers containing phosphorus; providing 
  1.4             for enforcement; amending Minnesota Statutes 2000, 
  1.5             section 18C.231, subdivision 2; proposing coding for 
  1.6             new law in Minnesota Statutes, chapter 18C. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 18C.231, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [FACTORS CAUSING ADULTERATION.] A fertilizer, 
  1.11  soil amendment, or plant amendment is adulterated if: 
  1.12     (1) it contains a deleterious or harmful ingredient in an 
  1.13  amount to render it injurious to plant life if applied in 
  1.14  accordance with directions for use on the label; 
  1.15     (2) the composition guaranteed analysis falls below or 
  1.16  differs from investigational allowances or exceeds over 
  1.17  formulation allowances as established by rule, that which the 
  1.18  product is purported to possess by its labeling; or 
  1.19     (3) the product contains unwanted crop seed or weed seed.  
  1.20     Sec. 2.  [18C.60] [PHOSPHORUS TURF FERTILIZER USE 
  1.21  RESTRICTIONS.] 
  1.22     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  1.23  subdivision apply to this section. 
  1.24     (b) "Impervious surface" means a highway, street, sidewalk, 
  1.25  parking lot, driveway, or other material that prevents 
  1.26  infiltration of water into the soil. 
  2.1      (c) "Metropolitan county" means any one of the following 
  2.2   counties:  Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or 
  2.3   Washington. 
  2.4      (d) "Turf" means noncrop land planted in closely mowed, 
  2.5   managed grasses including, but not limited to, residential and 
  2.6   commercial residential property, private golf courses, and 
  2.7   property owned by federal, state, or local units of government, 
  2.8   including parks, recreation areas, and public golf courses.  
  2.9   Turf does not mean pasture, hayland, hay, turf grown on turf 
  2.10  farms, or any other form of agricultural production. 
  2.11     Subd. 2.  [PHOSPHORUS USE RESTRICTIONS.] (a) A person may 
  2.12  not apply a fertilizer containing the plant nutrient phosphorus 
  2.13  to turf in a metropolitan county, except under conditions listed 
  2.14  in paragraphs (d) and (e). 
  2.15     (b) A person may not apply granular fertilizer containing 
  2.16  greater than three percent phosphate (P205) by weight, or liquid 
  2.17  fertilizer at a rate greater than 0.3 pounds phosphate (P205) 
  2.18  per 1,000 square feet, to turf in counties other than a 
  2.19  metropolitan county, except under conditions listed in paragraph 
  2.20  (d). 
  2.21     (c) A local unit of government in counties other than a 
  2.22  metropolitan county may adopt paragraph (a) in place of 
  2.23  paragraph (b).  The local unit of government must notify the 
  2.24  commissioner of the adoption of paragraph (a) within 30 days of 
  2.25  its adoption.  The commissioner shall maintain a list of local 
  2.26  units of government in counties other than a metropolitan county 
  2.27  that have adopted paragraph (a). 
  2.28     (d) Paragraphs (a) and (b) do not apply when: 
  2.29     (1) a tissue, soil, or other test by a laboratory or method 
  2.30  approved by the commissioner and performed within the last three 
  2.31  years indicates that the levels of available phosphorous in the 
  2.32  soil is insufficient to support healthy turf growth; 
  2.33     (2) the property owner or an agent of the property owner is 
  2.34  first establishing turf via seed or sod procedures, and only 
  2.35  during the first growing season; or 
  2.36     (3) the fertilizer containing the plant food phosphorus is 
  3.1   used on a golf course under the direction of a person licensed, 
  3.2   certified, or approved by an organization with an ongoing 
  3.3   training program approved by the commissioner. 
  3.4      (e) Paragraph (a) does not apply when the property owner or 
  3.5   an agent of the property is applying a natural organic 
  3.6   fertilizer product to turf that contains two percent or less 
  3.7   phosphate (P205). 
  3.8      (f) Applications of phosphorus fertilizer authorized under 
  3.9   paragraph (d), clause (1) or (2), must not exceed rates 
  3.10  currently recommended by the University of Minnesota and 
  3.11  approved by the commissioner. 
  3.12     (g) A person may not apply a fertilizer containing the 
  3.13  plant nutrient phosphorus to an impervious surface.  Fertilizer 
  3.14  containing phosphorus released on an impervious surface must be 
  3.15  immediately contained and either legally applied to turf or any 
  3.16  other legal site as allowed under this subdivision, or returned 
  3.17  to the original or other appropriate container. 
  3.18     Subd. 3.  [CONSUMER INFORMATION.] The commissioner, in 
  3.19  consultation with the University of Minnesota extension service, 
  3.20  fertilizer industry representatives, lakes groups, and other 
  3.21  interested or affected parties, must produce consumer 
  3.22  information in a format and of a content suitable for posting 
  3.23  and distribution at retail points of sale of fertilizer that 
  3.24  contains phosphorus and is for use on turf. 
  3.25     Subd. 4.  [RESEARCH EVALUATION.] The commissioner, in 
  3.26  cooperation with the University of Minnesota and the University 
  3.27  of Minnesota extension service, and, after consultation with 
  3.28  representatives of the fertilizer industry, lakes groups, and 
  3.29  other interested or affected parties shall evaluate research 
  3.30  needs and encourage targeted research opportunities to 
  3.31  investigate the effects of phosphorus fertilization of turf on 
  3.32  urban stormwater quality. 
  3.33     Subd. 5.  [ENFORCEMENT.] This section is enforced by the 
  3.34  commissioner under chapter 18D or by local units of government 
  3.35  under their existing authority.  Violation of this section is a 
  3.36  petty misdemeanor. 
  4.1      Sec. 3.  [EFFECTIVE DATE.] 
  4.2      Section 2 is effective on January l, 2004.