1.1                          A bill for an act 
  1.2             relating to the environment; restricting fertilizer 
  1.3             application containing phosphorus plant food; 
  1.4             clarifying certain adulteration factors; providing 
  1.5             civil penalties; amending Minnesota Statutes 2000, 
  1.6             sections 18C.005, by adding a subdivision; 18C.201, by 
  1.7             adding a subdivision; 18C.231, subdivision 2; 18D.315, 
  1.8             by adding a subdivision; proposing coding for new law 
  1.9             in Minnesota Statutes, chapter 18C. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2000, section 18C.005, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 36a.  [TURF.] "Turf" means land planted in closely 
  1.14  mown, managed grasses and includes, but is not limited to, 
  1.15  residential and commercial residential property; private golf 
  1.16  courses; and property owned by federal, state, or local units of 
  1.17  government, including parks, recreation areas, and public golf 
  1.18  courses. 
  1.19     Sec. 2.  Minnesota Statutes 2000, section 18C.201, is 
  1.20  amended by adding a subdivision to read: 
  1.21     Subd. 8.  [PHOSPHORUS USE PROHIBITION.] (a) A person may 
  1.22  not apply a fertilizer containing the plant food phosphorus to 
  1.23  turf in the state, except: 
  1.24     (1) when a soil test by a laboratory certified by the 
  1.25  commissioner and performed within the last three years indicates 
  1.26  that the levels of available phosphorus in the soil is 
  1.27  insufficient to support healthy turf growth; or 
  2.1      (2) when the property owner or an agent of the property 
  2.2   owner is first establishing turf via seed or sod procedures, and 
  2.3   only during the first growing season. 
  2.4      (b) Applications of the plant food phosphorus done under 
  2.5   paragraph (a), clause (1), and published, must not exceed rates 
  2.6   currently recommended by the University of Minnesota and 
  2.7   approved by the commissioner. 
  2.8      (c) A person may not apply a fertilizer containing the 
  2.9   plant food phosphorus to an impervious site, including, but not 
  2.10  limited to, a street, sidewalk, parking lot, or driveway.  
  2.11  Fertilizer containing the plant food phosphorus released to one 
  2.12  of these impervious sites must be immediately contained and 
  2.13  either legally applied to turf or any other legal site or 
  2.14  returned to the original or other appropriate container. 
  2.15     Sec. 3.  [18C.202] [PHOSPHORUS PLANT FOOD CONSUMER 
  2.16  INFORMATION.] 
  2.17     Subdivision 1.  [POINT-OF-SALE INFORMATION.] A person 
  2.18  offering for sale or selling at retail a fertilizer containing 
  2.19  the plant food phosphorus after August 1, 2003, must: 
  2.20     (1) conspicuously post consumer information pertaining to 
  2.21  the lawful sale, prohibited uses, and voluntary best management 
  2.22  practices recommended by the commissioner of agriculture and the 
  2.23  University of Minnesota for fertilizers containing the plant 
  2.24  food phosphorus, and in particular for residential sources of 
  2.25  phosphorus in the urban landscape; and 
  2.26     (2) provide printed and free-of-charge consumer 
  2.27  information, as described in clause (1), to persons purchasing 
  2.28  fertilizer containing the plant food phosphorus. 
  2.29     Subd. 2.  [PRODUCTION AND DISTRIBUTION OF POINT-OF-SALE 
  2.30  INFORMATION.] (a) The commissioner, in consultation with the 
  2.31  University of Minnesota Extension Service, fertilizer industry 
  2.32  representatives, and other interested or affected parties, must 
  2.33  produce consumer information in a format and of a content 
  2.34  suitable for posting and distribution at retail points of sale 
  2.35  of fertilizer containing the plant food phosphorus. 
  2.36     (b) The commissioner shall implement a training program on 
  3.1   the proper posting and distribution of the printed consumer 
  3.2   information. 
  3.3      (c) The printed consumer information must be available for 
  3.4   posting and consumer distribution at retail points of sale no 
  3.5   later than April 1, 2002. 
  3.6      Sec. 4.  Minnesota Statutes 2000, section 18C.231, 
  3.7   subdivision 2, is amended to read: 
  3.8      Subd. 2.  [FACTORS CAUSING ADULTERATION.] A fertilizer, 
  3.9   soil amendment, or plant amendment is adulterated if: 
  3.10     (1) it contains a deleterious or harmful ingredient in an 
  3.11  amount to render it injurious to plant life if applied in 
  3.12  accordance with directions for use on the label; 
  3.13     (2) the ~~composition~~ guaranteed analysis falls below or 
  3.14  ~~differs from~~ exceeds, based on the investigational allowances 
  3.15  established by rule, that which the product is purported to 
  3.16  possess by its labeling; or 
  3.17     (3) the product contains unwanted crop seed or weed seed.  
  3.18     Sec. 5.  Minnesota Statutes 2000, section 18D.315, is 
  3.19  amended by adding a subdivision to read: 
  3.20     Subd. 1a.  [ASSESSMENT OF ADMINISTRATIVE PENALTY FOR 
  3.21  IMPROPER USE OR SALE OF FERTILIZER CONTAINING THE PLANT FOOD 
  3.22  PHOSPHORUS.] (a) After August 1, 2004, the commissioner may 
  3.23  assess an administrative penalty of $25 for a violation of 
  3.24  section 18C.201, subdivision 8, or 18C.202. 
  3.25     (b) The commissioner may delegate authority to assess 
  3.26  administrative penalties under paragraph (a) to a statutory or 
  3.27  home rule city, town, or county pursuant to section 18C.111, 
  3.28  subdivision 3.