HF 1368

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; changing provisions of the 
  1.3             fertilizer, soil amendment, and plant amendment law; 
  1.4             amending Minnesota Statutes 1994, sections 18C.005, 
  1.5             subdivisions 6, 13, 22, 33, 34, and by adding a 
  1.6             subdivision; 18C.115, subdivision 2; 18C.215, 
  1.7             subdivision 1; 18C.531, subdivision 8, and by adding a 
  1.8             subdivision; and 18C.545, subdivision 2; repealing 
  1.9             Minnesota Statutes 1994, section 18C.531, subdivision 
  1.10            26. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1994, section 18C.005, 
  1.13  subdivision 6, is amended to read: 
  1.14     Subd. 6.  [COMPOST.] "Compost" is a material derived 
  1.15  primarily or entirely from biological decomposition of 
  1.16  vegetative organic matter or animal manure that does not have 
  1.17  inorganic fertilizer added other than to promote decomposition 
  1.18  biologically stable material derived from the composting process.
  1.19     Sec. 2.  Minnesota Statutes 1994, section 18C.005, is 
  1.20  amended by adding a subdivision to read: 
  1.21     Subd. 6a.  [COMPOSTING.] "Composting" is the biological 
  1.22  decomposition of organic matter.  It is accomplished by mixing 
  1.23  and piling so as to promote aerobic or anaerobic decay or both.  
  1.24  The process inhibits pathogens, viable weed seeds, and odors. 
  1.25     Sec. 3.  Minnesota Statutes 1994, section 18C.005, 
  1.26  subdivision 13, is amended to read: 
  1.27     Subd. 13.  [GRADE.] "Grade" means the percentage of total 
  1.28  nitrogen (N), available phosphate (P2O5), and soluble potash (K2 
  2.1   O) stated in whole numbers in the same terms, order, and 
  2.2   percentages as in the guaranteed analysis except the grade 
  2.3   of custom blends and their raw materials, bone meals, manures, 
  2.4   and similar raw materials may be stated in fractional units, and 
  2.5   specialty fertilizers may be stated in fractional units of less 
  2.6   than one percent of total nitrogen, available phosphate, and 
  2.7   soluble potash.  
  2.8      Sec. 4.  Minnesota Statutes 1994, section 18C.005, 
  2.9   subdivision 22, is amended to read: 
  2.10     Subd. 22.  [ORGANIC FERTILIZER.] "Organic fertilizer" in 
  2.11  reference to fertilizer nutrients refers only to naturally 
  2.12  occurring substances generally recognized as the hydrogen 
  2.13  compounds of carbon and their derivatives or synthetic products 
  2.14  of similar composition with a water insoluble nitrogen content 
  2.15  of at least 60 percent of the guaranteed total nitrogen means a 
  2.16  material containing carbon and one or more elements other than 
  2.17  hydrogen and oxygen essential for plant growth.  
  2.18     Sec. 5.  Minnesota Statutes 1994, section 18C.005, 
  2.19  subdivision 33, is amended to read: 
  2.20     Subd. 33.  [SOIL AMENDMENT.] "Soil amendment" means a 
  2.21  substance intended to improve the structural, physical, or 
  2.22  biological characteristics of the soil or modify organic matter 
  2.23  at or near the soil surface, except fertilizers, agricultural 
  2.24  liming materials, pesticides, and other materials exempted by 
  2.25  the commissioner's rules.  
  2.26     Sec. 6.  Minnesota Statutes 1994, section 18C.005, 
  2.27  subdivision 34, is amended to read: 
  2.28     Subd. 34.  [SPECIALTY FERTILIZER.] "Specialty fertilizer" 
  2.29  means a fertilizer labeled and distributed for, but not limited 
  2.30  to, the following uses:  commercial gardening, greenhouses, 
  2.31  nurseries, sod farms, home gardens, house plants, lawn 
  2.32  fertilizer that is not custom applied, shrubs, golf courses, 
  2.33  municipal parks, and cemeteries, and research or experimental 
  2.34  uses.  
  2.35     Sec. 7.  Minnesota Statutes 1994, section 18C.115, 
  2.36  subdivision 2, is amended to read: 
  3.1      Subd. 2.  [ADOPTION OF NATIONAL STANDARDS.] Applicable 
  3.2   national standards contained in the 1993 1995 official 
  3.3   publication, number 46 48, of the Association of American Plant 
  3.4   Food Control Officials including the rules and regulations, 
  3.5   statements of uniform interpretation and policy, and the 
  3.6   official fertilizer terms and definitions, and not otherwise 
  3.7   adopted by the commissioner, may be adopted as fertilizer rules 
  3.8   of this state. 
  3.9      Sec. 8.  Minnesota Statutes 1994, section 18C.215, 
  3.10  subdivision 1, is amended to read: 
  3.11     Subdivision 1.  [LABEL CONTENTS.] (a) A person may not sell 
  3.12  or distribute fertilizer in bags or other containers in this 
  3.13  state unless a label is placed on or affixed to the bag or 
  3.14  container stating in a clear, legible, and conspicuous form the 
  3.15  following information:  
  3.16     (1) the net weight; 
  3.17     (2) the brand and grade, except (i) the grade is not 
  3.18  required if primary nutrients are not claimed, and (ii) the 
  3.19  grade on the label is optional if the fertilizer is used only 
  3.20  for agricultural purposes and the guaranteed analysis statement 
  3.21  is shown in the complete form as in section 18C.211; 
  3.22     (3) the guaranteed analysis; 
  3.23     (4) the name and address of the guarantor; 
  3.24     (5) directions for use; and 
  3.25     (6) a derivatives statement.  
  3.26     (b) The labeled information must appear in a conspicuous 
  3.27  form:  
  3.28     (1) on the face or display front or back side of the 
  3.29  container in a conspicuous form; or 
  3.30     (2) on the upper one-third of the side of the container; or 
  3.31     (3) on the upper end of the container; or 
  3.32     (4) printed on tags a tag affixed conspicuously to the 
  3.33  upper end of the container. 
  3.34     Sec. 9.  Minnesota Statutes 1994, section 18C.531, is 
  3.35  amended by adding a subdivision to read: 
  3.36     Subd. 5a.  [CALCIUM CARBONATE EQUIVALENT; CCE.] "Calcium 
  4.1   carbonate equivalent" or "CCE" means the acid neutralizing 
  4.2   capacity of an agricultural liming material expressed as a 
  4.3   weight percentage of pure calcium carbonate and is often 
  4.4   referred to as the "chemical purity" of an agricultural liming 
  4.5   material.  
  4.6      Sec. 10.  Minnesota Statutes 1994, section 18C.531, 
  4.7   subdivision 8, is amended to read: 
  4.8      Subd. 8.  [ENP.] "ENP" means effective neutralizing power 
  4.9   and is an expression of the neutralizing value of liming 
  4.10  material based on the TNP calcium carbonate equivalent (CCE) and 
  4.11  fineness which is expressed as a dry weight percentage.  
  4.12     Sec. 11.  Minnesota Statutes 1994, section 18C.545, 
  4.13  subdivision 2, is amended to read: 
  4.14     Subd. 2.  [BAGGED AND BULK SHIPMENT LABEL.] If agricultural 
  4.15  liming material is transported or sold in bags or bulk, an 
  4.16  invoice or delivery ticket in written or printed form as 
  4.17  required by subdivision 1 must accompany each delivery and be 
  4.18  supplied to each purchaser at the time of delivery.  
  4.19     Sec. 12.  [REPEALER.] 
  4.20     Minnesota Statutes 1994, section 18C.531, subdivision 26, 
  4.21  is repealed.