S T A T E   O F   N E W   Y O R K
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                                  2543

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2009
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
  BRADLEY, McENENY -- read once and referred to the Committee  on  Agri-
  culture

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06173-01-9
              

A. 2543                             2

SUBSTANCES,  AS  DEFINED IN PARAGRAPH FOUR OF SUBDIVISION (B) OF SECTION
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.

A. 2543                             3

  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:
  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.