SF 1789

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; providing for limitations 
  1.3             in the use and sale of phosphorous lawn fertilizers; 
  1.4             requiring rulemaking; appropriating money; amending 
  1.5             Minnesota Statutes 2000, section 115.01, by adding a 
  1.6             subdivision; proposing coding for new law in Minnesota 
  1.7             Statutes, chapter 115. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 115.01, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 21a.  [TURF.] "Turf" means land planted in closely 
  1.12  mown, managed grasses and includes, but is not limited to, 
  1.13  residential and commercial residential property; private golf 
  1.14  courses; and property owned by federal, state, or local units of 
  1.15  government, including parks, recreation areas, and public golf 
  1.16  courses. 
  1.17     Sec. 2.  [115.175] [PHOSPHOROUS TURF FERTILIZER.] 
  1.18     Subdivision 1.  [PHOSPHOROUS USE PROHIBITION.] (a) 
  1.19  Effective August 1, 2002, a person may not apply a fertilizer 
  1.20  containing the plant food phosphorous to turf, except: 
  1.21     (1) when a soil test by a laboratory certified by the 
  1.22  agency and performed within the last three years indicates that 
  1.23  the levels of available phosphorous in the soil are insufficient 
  1.24  to support healthy turf growth; 
  1.25     (2) when the property owner or an agent of the property 
  1.26  owner is first establishing turf via seed or sod procedures 
  2.1   during the first growing season; or 
  2.2      (3) when using organic turf fertilizer derived primarily 
  2.3   from animal or compost waste that does not exceed a natural 
  2.4   phosphorous content of two percent by weight. 
  2.5      (b) Applications of the plant food phosphorous done under 
  2.6   paragraph (a), clause (1), must not exceed rates adopted by the 
  2.7   agency in rule. 
  2.8      Subd. 2.  [RULES.] The agency shall adopt rules governing 
  2.9   the application of lawn fertilizer containing phosphorous and 
  2.10  standards for the containment and cleanup of the release of lawn 
  2.11  fertilizers containing phosphorous. 
  2.12     Subd. 3.  [POINT OF SALE INFORMATION.] A person offering 
  2.13  for sale or selling at retail a fertilizer containing the plant 
  2.14  food phosphorous after August 1, 2001, must: 
  2.15     (1) conspicuously post consumer information pertaining to 
  2.16  the lawful sale, prohibited uses, and recommended best 
  2.17  management practices for fertilizers containing the plant food 
  2.18  phosphorous for residential uses; and 
  2.19     (2) provide printed and free-of-charge consumer 
  2.20  information, as described in clause (1), to persons purchasing 
  2.21  fertilizer containing the plant food phosphorous. 
  2.22     Subd. 4.  [RESTRICTIONS ON SALE AND DISTRIBUTION OF 
  2.23  PHOSPHOROUS LAWN FERTILIZERS.] Effective August 1, 2002, no 
  2.24  person, firm, corporation, franchise, or commercial 
  2.25  establishment may sell lawn fertilizer, liquid or granular, that 
  2.26  contains any amount of phosphorous or other compound containing 
  2.27  phosphorous, such as phosphate, except as provided in 
  2.28  subdivision 1. 
  2.29     Subd. 5.  [PENALTY.] After August 1, 2002, the agency may 
  2.30  assess an administrative penalty of $....... for a violation of 
  2.31  this section. 
  2.32     Sec. 2.  [APPROPRIATION.] 
  2.33     $....... is appropriated from the general fund to the 
  2.34  pollution control agency for the 2002-2003 biennium for the 
  2.35  purposes of section 1.