S T A T E O F N E W Y O R K
________________________________________________________________________
3863
2011-2012 Regular Sessions
I N A S S E M B L Y
January 28, 2011
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Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Aging
AN ACT to amend the agriculture and markets law, in relation to regu-
lation of fertilizer products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 143 of the agriculture and markets law is amended
by adding four new subdivisions t, u, v and w to read as follows:
T. "AGRICULTURAL LAND" MEANS LAND USED IN AGRICULTURAL PRODUCTION FOR
THE SALE OF CROPS, LIVESTOCK OR LIVESTOCK PRODUCTS.
U. "SEPTAGE" MEANS THE CONTENTS OF A SEPTIC TANK, CESSPOOL OR OTHER
INDIVIDUAL SEWAGE TREATMENT FACILITY WHICH RECEIVES DOMESTIC SEWAGE
WASTES.
V. "SLUDGE" MEANS THE ACCUMULATED SEMISOLIDS OR SOLIDS RESULTING FROM
TREATMENT OF WASTEWATERS FROM PUBLICLY OR PRIVATELY OWNED OR OPERATED
SEWAGE TREATMENT PLANTS, BUT DOES NOT INCLUDE THE TREATED EFFLUENT FROM
A WASTEWATER TREATMENT PLANT, OR FOOD PROCESSING WASTES GENERATED FROM A
FOOD PROCESSING ESTABLISHMENT LICENSED PURSUANT TO THE PROVISIONS OF
ARTICLE TWENTY-C OF THIS CHAPTER.
W. "SLUDGE PRODUCTS" MEANS PRODUCTS MADE FROM SEPTAGE OR SLUDGE GENER-
ATED IN THIS STATE OR ANOTHER STATE, AND INTENDED AS A SOIL AMENDMENT
FOR AGRICULTURAL LAND.
S 2. Section 144 of the agriculture and markets law is amended by
adding a new subdivision e to read as follows:
E. A DETAILED ANALYSIS OF ALL MATERIALS CONTAINED IN THE FERTILIZER
PRODUCT.
S 3. Section 146-a of the agriculture and markets law is amended by
adding a new subdivision c to read as follows:
C. THE COMMISSIONER SHALL ANALYZE SAMPLES OF ALL COMMERCIAL FERTILIZ-
ERS FOR THE PRESENCE OF SOLID WASTES, HAZARDOUS WASTES OR HAZARDOUS
SUBSTANCES, AS DEFINED IN PARAGRAPH FOUR OF SUBDIVISION (B) OF SECTION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07353-01-1
A. 3863 2
ONE HUNDRED FORTY-SIX-B OF THIS ARTICLE. THE COMMISSIONER SHALL ANNUALLY
REPORT THE RESULTS OF THE SAMPLING AND ANALYSIS TO THE GOVERNOR AND THE
LEGISLATURE.
S 4. 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:
S 146-b. Misbranded or adulterated fertilizer. No commercial fertiliz-
er shall be distributed in this state if it is deemed to be misbranded
or adulterated.
(a) A commercial fertilizer shall be deemed to be misbranded:
(1) if its labelling is false or misleading in any particular; [or]
(2) if it purports to be or is represented as a commercial fertilizer,
or is represented as containing a plant nutrient or commercial fertiliz-
er unless such plant nutrient or commercial fertilizer conforms to the
definition of identity, if any, prescribed by regulation of the commis-
sioner; in the adopting of such regulations the commissioner shall give
due regard to commonly accepted definitions and official fertilizer
terms such as those employed by the association of American plant food
control officials[.]; OR
(3) IF ITS LABELLING DOES NOT CONTAIN A DETAILED STATEMENT OF ALL
INGREDIENTS CONTAINED IN THE PRODUCT.
(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 composition falls below or differs from that which it is
purported to possess by its labelling; [or]
(3) if it contains unwanted crop seed or weed seed[.]; OR
(4) IF IT CONTAINS ANY SUBSTANCE REGULATED AS A SOLID WASTE, AS
DEFINED IN SECTION 27-0701 OF THE ENVIRONMENTAL CONSERVATION LAW, EXCEPT
YARD WASTES, FOOD WASTES, SEPTAGE, SLUDGE AND SLUDGE PRODUCTS; A HAZARD-
OUS WASTE AS DEFINED IN SUBDIVISION THREE OF SECTION 27-0901 OF THE
ENVIRONMENTAL CONSERVATION LAW, INCLUDING K061 WASTES GENERATED BY STEEL
COMPANIES AND TREATED WASTES; OR A HAZARDOUS SUBSTANCE AS DEFINED IN
SECTION 37-0103 OF THE ENVIRONMENTAL CONSERVATION LAW.
(C) A COMMERCIAL FERTILIZER THAT HAS BEEN ADULTERATED WITH ANY
SUBSTANCE REGULATED AS A SOLID WASTE, HAZARDOUS WASTE OR HAZARDOUS
SUBSTANCE, AS DESCRIBED IN PARAGRAPH FOUR OF SUBDIVISION (B) OF THIS
SECTION SHALL NOT BE STORED, TRANSPORTED OR USED IN THE STATE.
(D) ANY PERSON, CORPORATION OR ASSOCIATION WHO VIOLATES THE PROVISIONS
OF PARAGRAPH FOUR OF SUBDIVISION (B) OF THIS SECTION SHALL BE SUBJECT TO
A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR THE FIRST
VIOLATION AND FIVE THOUSAND DOLLARS FOR EACH SUBSEQUENT VIOLATION. EACH
DAY DURING WHICH THE PROHIBITED ACTIVITY OCCURS SHALL BE DEEMED A SEPA-
RATE VIOLATION.
(E) ANY PERSON, CORPORATION OR ASSOCIATION WHO VIOLATES THE PROVISIONS
OF SUBDIVISION (C) OF THIS SECTION BY STORING OR TRANSPORTING COMMERCIAL
FERTILIZER CONTAINING A SOLID WASTE, HAZARDOUS WASTE OR HAZARDOUS
SUBSTANCE, AS DEFINED IN PARAGRAPH FOUR OF SUBDIVISION (B) OF THIS
SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE
HUNDRED DOLLARS FOR THE FIRST VIOLATION AND ONE THOUSAND DOLLARS FOR
EACH SUBSEQUENT VIOLATION. EACH DAY DURING WHICH THE PROHIBITED ACTIV-
ITY OCCURS SHALL BE DEEMED A SEPARATE VIOLATION.
S 5. Section 146-e of the agriculture and markets law, as added by
chapter 695 of the laws of 1974, is amended to read as follows:
A. 3863 3
S 146-e. Stop sale orders. The commissioner may issue and enforce a
written or printed "stop sale, use or removal" order to the owner or
custodian of any lot of commercial fertilizer and to hold at a desig-
nated place when the commissioner finds said commercial fertilizer is
being offered or exposed for sale in violation of any of the provisions
of this [act] ARTICLE until the law has been complied with and said
commercial fertilizer is released in writing by the commissioner, or
said violation has been otherwise legally disposed of by written author-
ity. The commissioner shall release the commercial fertilizer so with-
drawn when the requirements of the provisions of this [act] ARTICLE have
been complied with. IN THE CASE OF COMMERCIAL FERTILIZER WHICH HAS BEEN
ADULTERATED WITH SOLID WASTE, HAZARDOUS WASTE OR A HAZARDOUS SUBSTANCE
AS DEFINED IN PARAGRAPH FOUR OF SUBDIVISION (B) OF SECTION ONE HUNDRED
FORTY-SIX-B OF THIS ARTICLE, THE COMMISSIONER SHALL ISSUE AND ENFORCE AN
IMMEDIATE WRITTEN OR PRINTED "STOP SALE, USE OR REMOVAL" ORDER TO THE
OWNER OR CUSTODIAN OF THE COMMERCIAL FERTILIZER.
S 6. This act shall take effect on the sixtieth day after it shall
have become a law.