NY State Senate Bill 2009-S1122

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to agriculture
Jan 26, 2009	referred to agriculture

2009-S1122 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §146-b, add §146-g, Ag & Mkts L

2009-S1122 (ACTIVE) - Summary

Sets standards for metal content in commercial fertilizers sold in this state.

2009-S1122 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1122

 TITLE OF BILL :
An act to amend the agriculture and markets law, in relation to metals
in commercial fertilizers


 PURPOSE :
The bill prohibits the sale and distribution of commercial fertilizers
with levels of arsenic, cadmium, cobalt, lead, molybdenum, nickel,
selenium, or zinc that, when used as recommended, would be detrimental
to plant life; or that are mislabeled; and provides testing protocols
for the above.

 SUMMARY OF PROVISIONS :
Section 1 amends section 146-b of the agriculture and markets law to
deem a commercial fertilizer adulterated if it contains levels of any
ingredient that would render it injurious to beneficial plant life; or
if it is mislabeled; or if its contents exceed the standards provided
in section 146-g of the agriculture and markets law; or it contains
unwanted crop seed or weed seed.

Section 2 amends the agriculture and markets law by adding a new
section 146-g which sets standards for certain metals in commercial
fertilizers, sets concentration levels for each metal at which
fertilizers would then be deemed adulterated, and sets testing

protocols by which those levels will be determined.

Section 3 provides that this act will take effect on the first of
January next succeeding the date on which it shall have become a law,
with provisions.

 JUSTIFICATION :
Certain commercial fertilizer products may contain ingredients that
may be harmful to the health of humans, plants and animals. Many
gardeners and homeowners, as well as farmers, utilize these products
on their lawns and gardens. Of particular concerns are home and garden
fertilizers derived from mine tailings. Significant adverse health
effects can result from exposure to these pollutants, some examples of
which are below.

Inhaling arsenic can result in a sore throat or irritated lungs while
ingesting it in elevated quantities can cause death. Lower level
exposure can result in decreased red and white blood cell production,
nausea, vomiting, blood vessel damage and abnormal heart rhythm.

Prolonged ingestion can also result in skin darkening and Corn and
wart-like growths on the palms, soles and torso. Arsenic has also been
shown to increase, lung, skin, bladder, liver, kidney and prostate
cancer risk and is recognized by the World Health Organization, the
Department of Health and Human Services and the EPA as a human
carcinogen. It is believed that arsenic has similar affects on
children as adults.

Lead is a metal with known detrimental health effects for humans. It
can have a negative effect on virtually every organ and system in the
human body, with the most easily distressed being the central nervous
system.  Lead can hurt the kidneys and reproductive system as well.
High exposure levels can result is lower reaction time, weakness in
the extremities, memory capacity alteration and male reproductive
harm. Children are most vulnerable to the evils of lead. If
substantial amounts are ingested, blood anemia, severe stomachache,
muscle weakness and brain damage can result. A child's mental and
physical growth can be impaired by lower exposure levels.  This bill
aims to assure that contaminated fertilizers are not used in this
state.
 LEGISLATIVE HISTORY :
2007-2008: S.7960
2006:      S.8240 - Passed Senate

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first day of January next succeeding
the date on which it shall have become a law; provided, however, that
effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.

2009-S1122 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1122

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation  to  metals
  in commercial fertilizers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (b) of section 146-b  of  the  agriculture  and
markets  law, as added by chapter 695 of the laws of 1974, is amended to
read as follows:
  (b) A commercial fertilizer shall be deemed to be adulterated:
  (1) if it contains any deleterious or harmful ingredient in sufficient
amount to render it injurious to beneficial plant life when  applied  in
accordance  with directions for use on the label, or if adequate warning
statements or directions for use, which  may  be  necessary  to  protect
plant life are not shown upon the label;
  (2)  IF  ITS  CONTENTS  EXCEED  THE  STANDARDS PROVIDED IN SECTION ONE
HUNDRED FORTY-SIX-G OF THIS ARTICLE;
  (3) if its composition falls below or differs from that  which  it  is
purported to possess by its labelling; or
  [(3)] (4) if it contains unwanted crop seed or weed seed.
  S  2.  The  agriculture  and  markets  law  is amended by adding a new
section 146-g to read as follows:
  S 146-G.  STANDARDS FOR METALS IN COMMERCIAL FERTILIZERS. (A)  COMMER-
CIAL   FERTILIZERS   THAT   CONTAIN  GUARANTEED  AMOUNTS  OF  PHOSPHATES
(P{2}O{5}) AND/OR  MICRONUTRIENTS  ARE  ADULTERATED  WHEN  THEY  CONTAIN
METALS  IN  AMOUNTS  GREATER  THAN  THE MAXIMUM ALLOWABLE CONCENTRATIONS
CALCULATED AS SET FORTH IN SUBDIVISIONS (B), (C) AND (D) OF THIS SECTION
USING THE FOLLOWING VALUES:
  (1) ARSENIC, THIRTEEN PARTS PER MILLION FOR EACH PER CENTUM OF  PHOSP-
HATE  (P{2}O{5})  AND  ONE HUNDRED TWELVE PARTS PER MILLION FOR EACH PER
CENTUM OF MICRONUTRIENTS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07003-01-9

S. 1122                             2

  (2) CADMIUM, TEN PARTS PER MILLION FOR EACH PER  CENTUM  OF  PHOSPHATE
(P{2}O{5})  AND  EIGHTY-THREE  PARTS  PER MILLION FOR EACH PER CENTUM OF
MICRONUTRIENTS;
  (3)  COBALT, THREE THOUSAND ONE HUNDRED PARTS PER MILLION FOR EACH PER
CENTUM OF PHOSPHATE  (P{2}O{5})  AND  TWENTY-THREE  THOUSAND  PARTS  PER
MILLION  FOR EACH PERCENTAGE OF MICRONUTRIENTS, PROVIDED THAT THIS VALUE
ONLY APPLIES WHEN THE AMOUNT OF THE MICRONUTRIENT COBALT IS NOT  GUARAN-
TEED;
  (4) LEAD, SIXTY-ONE PARTS PER MILLION FOR EACH PER CENTUM OF PHOSPHATE
(P{2}O{5})  AND  FOUR HUNDRED SIXTY-THREE PARTS PER MILLION FOR EACH PER
CENTUM OF MICRONUTRIENTS;
  (5) MERCURY, ONE PART PER MILLION FOR EACH  PER  CENTUM  OF  PHOSPHATE
(P{2}O{5})  AND SIX PARTS PER MILLION FOR EACH PER CENTUM OF MICRONUTRI-
ENTS;
  (6) MOLYBDENUM, FORTY-TWO PARTS PER MILLION FOR  EACH  PER  CENTUM  OF
PHOSPHATE  (P{2}O{5}) AND THREE HUNDRED PARTS PER MILLION OF MICRONUTRI-
ENTS, PROVIDED THAT THIS VALUE ONLY  APPLIES  WHEN  THE  AMOUNT  OF  THE
MICRONUTRIENT MOLYBDENUM IS NOT GUARANTEED;
  (7)  NICKEL,  TWO HUNDRED FIFTY PARTS PER MILLION  FOR EACH PER CENTUM
OF PHOSPHATE (P{2}O{5}) AND ONE THOUSAND NINE HUNDRED PARTS PER  MILLION
OF MICRONUTRIENTS;
  (8)  SELENIUM,  TWENTY-SIX  PARTS  PER  MILLION FOR EACH PER CENTUM OF
PHOSPHATE (P{2}O{5}) AND ONE HUNDRED EIGHTY PARTS PER MILLION OF  MICRO-
NUTRIENTS; AND
  (9) ZINC, FOUR HUNDRED TWENTY PARTS PER MILLION FOR EACH PER CENTUM OF
PHOSPHATE  (P{2}O{5}) AND TWO THOUSAND NINE HUNDRED PARTS PER MILLION OF
MICRONUTRIENTS, PROVIDED THAT THIS VALUE ONLY APPLIES WHEN THE AMOUNT OF
THE MICRONUTRIENT ZINC IS NOT GUARANTEED.
  (B) FOR FERTILIZERS WITH A  PHOSPHATE  (P{2}O{5})  GUARANTEE,  BUT  NO
MICRONUTRIENT  GUARANTEE,  THE  CALCULATION  OF  THE  MAXIMUM  ALLOWABLE
CONCENTRATION (PPM) OF EACH METAL SHALL BE MADE BY MULTIPLYING  THE  PER
CENTUM  OF  GUARANTEED PHOSPHATE (P{2}O{5}) IN THE PRODUCT BY THE APPRO-
PRIATE VALUE. THE MINIMUM VALUE FOR PHOSPHATE (P{2}O{5}) UTILIZED  AS  A
MULTIPLIER SHALL BE SIX.
  (C)  FOR FERTILIZERS WITH ONE OR MORE MICRONUTRIENT GUARANTEES, BUT NO
PHOSPHATE (P{2}O{5}) GUARANTEE, THE CALCULATION OF THE MAXIMUM ALLOWABLE
CONCENTRATION (PPM) OF EACH METAL SHALL BE MADE BY MULTIPLYING  THE  SUM
OF  THE  GUARANTEED  PERCENTAGES  OF  ALL  MICRONUTRIENTS, AS DEFINED IN
SUBDIVISION (E) OF THIS SECTION, IN THE PRODUCT BY THE APPROPRIATE VALUE
IN SUBDIVISION (A) OF THIS SECTION. THE MINIMUM VALUE FOR MICRONUTRIENTS
UTILIZED AS A MULTIPLIER SHALL BE ONE.
  (D) FOR FERTILIZERS WITH BOTH A PHOSPHATE (P{2}O{5}) AND A MICRONUTRI-
ENT GUARANTEE, THE CALCULATION OF THE MAXIMUM ALLOWABLE CONCENTRATION OF
EACH METAL SHALL BE MADE BY:
  (1) MULTIPLYING THE GUARANTEED PER CENTUM OF PHOSPHATE  (P{2}O{5})  BY
THE  APPROPRIATE  VALUE  IN SUBDIVISION (A) OF THIS SECTION. THE MINIMUM
VALUE FOR PHOSPHATE (P{2}O{5}) UTILIZED AS A MULTIPLIER SHALL BE SIX;
  (2) MULTIPLYING THE SUM OF THE GUARANTEED PERCENTAGES OF THE  MICRONU-
TRIENTS BY THE APPROPRIATE VALUE IN SUBDIVISION (A) OF THIS SECTION. THE
MINIMUM  VALUE FOR MICRONUTRIENTS UTILIZED AS A MULTIPLIER SHALL BE ONE;
AND
  (3) UTILIZING THE HIGHER OF THE TWO RESULTING VALUES  AS  THE  MAXIMUM
ALLOWABLE CONCENTRATION (PPM) OF EACH METAL.
  (E)  FOR  THE PURPOSES OF THIS SECTION, MICRONUTRIENTS ARE THOSE PLANT
NUTRIENTS, OTHER THAN THE PRIMARY AND  THE  SECONDARY  PLANT  NUTRIENTS,
THAT  ARE  ESSENTIAL FOR BOTH PLANT GROWTH AND DEVELOPMENT AND ARE ADDED

S. 1122                             3

TO CERTAIN FERTILIZERS TO IMPROVE CROP PRODUCTION  AND/OR  QUALITY.  THE
PRIMARY  PLANT  NUTRIENTS  ARE  NITROGEN,  PHOSPHORUS AND POTASSIUM. THE
SECONDARY PLANT NUTRIENTS ARE CALCIUM, MAGNESIUM, AND SULFUR. THE MICRO-
NUTRIENTS ARE BORON, CHLORINE, COBALT, COPPER, IRON, MANGANESE, MOLYBDE-
NUM, SODIUM AND ZINC.
  (F)  THE STANDARDS SET FORTH IN THIS SECTION ARE NOT APPLICABLE TO THE
EVALUATION OF HORTICULTURAL GROWING MEDIA CLAIMING  NUTRIENTS,  BUT  ARE
APPLICABLE TO THE SOURCES OF THE NUTRIENTS ADDED TO GROWING MEDIA.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.  Effective  immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

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Senate Bill S1122

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

2009-S1122 (ACTIVE) - Details

2009-S1122 (ACTIVE) - Summary

2009-S1122 (ACTIVE) - Sponsor Memo

2009-S1122 (ACTIVE) - Bill Text download pdf

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Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

2009-S1122 (ACTIVE) - Details

2009-S1122 (ACTIVE) - Summary

2009-S1122 (ACTIVE) - Sponsor Memo

2009-S1122 (ACTIVE) - Bill Text download pdf

Comments