Bill Text

Phosphate Fertilizer Act

an Act relating to the sale and use of fertilizers containing phosphorus.

Be it enacted by the Legislature of the state of <insert your state’s name here>:

Section 1. Short Title.

This Act shall be known and may be cited as the “Phosphate Fertilizer Act.”

Section 2. Definitions.

The following definitions apply to this Act:

(A) “Best management practices” means practices, techniques, and measures developed under Section 4 of this Act.

(B) “Commissioner” means the commissioner of the Department of Agriculture <or your state’s equivalent>.

(C) “Fertilizer” means a substance containing one or more recognized plant nutrients that is used for its plant nutrient content and designed for use or claimed to have value in promoting plant growth. Fertilizer does not include animal and vegetable manures that are not manipulated, marl, lime, limestone, and other product exempted by rule by the Commissioner.

(D) “Manipulated” means fertilizers that are manufactured, blended, or mixed, or animal or vegetable manures that have been treated in any manner, including mechanical drying, grinding, pelleting, and other means, or by adding other chemicals or substances.

(E) “Turf” means non-crop land planted in closely mowed, managed grasses, including, but not limited to, residential and commercial residential property, private golf courses, and property owned by federal, state, or local units of government, including parks, recreation areas, and public golf courses. Turf does not mean pasture, hayland, hay, turf grown on turf farms, or any other form of agricultural production.

Section 3. Phosphorus Use Restrictions.

(A) A person may not apply a fertilizer containing phosphorus to turf statewide except under conditions listed in subsection (B).

(B) Subsection (A) does not apply when:

(1) A tissue, soil, or other test by a laboratory or method approved by the Commissioner and performed within the last three years indicates that the level of available phosphorus in the soil is insufficient to support healthy turf growth;

(2) A residential property owner or an agent of the property owner is first establishing turf via seed or sod procedures, and only during the first growing season; or

(3) The fertilizer containing phosphorus is used on a golf course under the direction of a person licensed, certified, or approved by an organization with an ongoing training program approved by the Commissioner.

(C) Applications of phosphorous fertilizer authorized under subsection (B) must not exceed rates recommended by the <insert name of applicable state university extension service or your state’s equivalent> and approved by the Commissioner.

Section 4. Consumer Information.

The Commissioner, in consultation with the <insert name of applicable state university extension service or your state’s equivalent>, fertilizer industry representatives, lakes groups, and other interested or affected parties, shall produce consumer information on use restrictions and recommended best practices for lawn fertilizer containing phosphorus, and on best management practices for other residential sources of phosphorus in the urban landscape. The information must be in a format and of content suitable for posting and distribution at retail points of sale of fertilizer containing phosphorus. The consumer information materials must be completed and available for distribution to retail points by <recommend three months following the passage of this Act>.

Section 5. Research Evaluation; Report.

The Commissioner, in cooperation with the <insert name of applicable state university extension service or your state’s equivalent>, and, after consultation with representatives of the fertilizer industry, lakes groups, and other interested or affected parties, shall evaluate research needs and encourage targeted research opportunities to investigate the effects of phosphorous fertilization on urban stormwater quality. The Commissioner must evaluate the effectiveness of the restrictions on phosphorous fertilizers under this section and report to the Legislature by <recommend five years following the date of the passage of this Act>.

Section 6. Administration.

(A) Enforcement. It shall be the power and duty of the Department of Environmental Protection <or your state’s equivalent> to administer and enforce the provisions of this Act, and the Department shall have the authority to issue such orders as necessary to effectuate the same.

(B) Appeal. Any person who is aggrieved by an order of the Department issued hereunder shall have the right, within 30 days of receipt of notice thereof, to appeal the action of the Environmental Hearing Board <or your state’s equivalent> in accordance with <insert applicable sections of your state code>.

Section 7. Penalties.

(A) Use. Any person who knowingly uses a fertilzer in violation of this Act commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than <amount>.

Section 8. Severability.

If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications of this Act, which can be given effect without regard to the invalid provision or application and, to this end, the provisions of this Act are severable.

Section 9. Effective Date.

Unless otherwise stated herein, this Act chall become effective immediately upon its passage.