BILL NUMBER: AB 2137	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 7, 2010
	AMENDED IN ASSEMBLY  APRIL 29, 2010
	AMENDED IN ASSEMBLY  APRIL 21, 2010

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 18, 2010

   An act to amend, repeal, and add Sections 14540 and 14542 of the
Food and Agricultural Code, relating to fertilizer.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2137, as amended, Chesbro. Fertilizing material: labels.
   Existing law generally regulates fertilizing materials, as
defined, including the labeling of fertilizing materials. Existing
law defines "label" and "labeling" for purposes of these provisions.
   This bill would, until January 1, 2014, provide that "label" and
"labeling" do not include a certified laboratory analysis, as
defined, showing the nutrient contents of compost, cocompost, or
mulch, as defined, if the laboratory analysis documentation contains
a specified statement  and other information  , as provided.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) As a voluntary best management practice and in conjunction
with various certification programs, composters regularly send
samples of their product to third-party laboratories for an
independent analysis of the nutrient content and other parameters in
their compost.  
   (b) The results of recent laboratory analyses are often provided
to customers as an indication of nutrient levels in the compost and
to allow for the application of compost and other inputs at agronomic
rates.  
   (c) Pursuant to Section 14583.5 of the Food and Agricultural Code,
the Department of Food and Agriculture is reviewing the proper
regulatory standards for the labeling of compost products and nothing
in this act is intended to predetermine the results of the
department's analysis or subsequent actions. 
   SECTION 1.   SEC. 2.   Section 14540 of
the Food and Agricultural Code is amended to read:
   14540.  (a) "Label" means the display of all written, printed, or
graphic matter on the immediate container of, or a statement,
including the guaranteed analysis, accompanying fertilizing material.

   (b) (1) Notwithstanding the registration and fee requirements of
Article 5 (commencing with Section 14601) and Article 6 (commencing
with Section 14611), "label" does not include a certified laboratory
analysis showing the nutrient contents of compost, cocompost, or
mulch, as defined in subdivision (c) of Section 12207 of the Public
Contract Code, if the laboratory analysis documentation states in
12-point boldface type, with  underscored text, the
following:   underscored text, the following: 

   The [compost, cocompost, or mulch (as appropriate)] is 
    The [compost, cocompost, or mulch (as appropriate)  
]   is  produced by a process that is inherently
variable, due to variation in feedstock and natural variation in
biological processes. Therefore, the nutrient content of the material
you are buying may vary from the data in the attached laboratory
analysis. If you wish to assess the range of variability, please ask
for prior laboratory analyses for  material produced by the
same process.   material produced by the same process.
 
   (2) For purposes of paragraph (1), all of the following shall

    (2) For purposes of paragraph (1), all of the following shall
 apply:
   (A) A "certified laboratory analysis" means an analysis performed
in accordance with the sampling requirements established in Article 7
(commencing with Section 17868.1) of Chapter 3.1 of Division 7 of
Title 14 of the California Code of Regulations.
   (B) If all compost product being sold is represented by a single
laboratory analysis, a "certified laboratory analysis" means the
laboratory analysis performed on the batch of the compost being sold.

   (C) If the compost product being sold contains material from more
than one 5,000 cubic yard batch, a "certified laboratory analysis"
means all laboratory analyses conducted on all the batches of compost
that comprise the final compost product. 
   (D) The certified laboratory analysis shall have appended a list
of all feedstocks and additives in the compost product. 
   (c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
   SEC. 2.   SEC. 3.   Section 14540 is
added to the Food and Agricultural Code, to read:
   14540.  (a) "Label" means the display of all written, printed, or
graphic matter on the immediate container of, or a statement,
including the guaranteed analysis, accompanying fertilizing material.

   (b) This section shall become operative on January 1, 2014.
   SEC. 3.  SEC. 4.   Section 14542 of the
Food and Agricultural Code is amended to read:
   14542.  (a) "Labeling" means all written, printed, or graphic
matter on, accompanying, or used in promoting the sale of any
fertilizing material, including advertisements, brochures, posters,
and television and radio announcements.
   (b) (1) Notwithstanding the registration and fee requirements of
Article 5 (commencing with Section 14601) and Article 6 (commencing
with Section 14611), "labeling" does not include a certified
laboratory analysis showing the nutrient contents of compost,
cocompost, or mulch, as defined in subdivision (c) of Section 12207
of the Public Contract Code, if the laboratory analysis documentation
states in 12-point boldface type, with  underscored text,
the following:   underscored text, the following: 

   The [compost, cocompost, or mulch (as appropriate)] is 
    The [compost, cocompost, or mulch (as appropriate)  
]   is  produced by a process that is inherently
variable, due to variation in feedstock and natural variation in
biological processes. Therefore, the nutrient content of the material
you are buying may vary from the data in the attached laboratory
analysis. If you wish to assess the range of variability, please ask
for prior laboratory analyses for  material produced by the
same process.   material produced by the sam  
e process.  
   (2) For purposes of paragraph (1), all of the following shall

    (2) For purposes of paragraph (1), all of the following shall
 apply:
   (A) A "certified laboratory analysis" means an analysis performed
in accordance with the sampling requirements established in Article 7
(commencing with Section 17868.1) of Chapter 3.1 of Division 7 of
Title 14 of the California Code of Regulations.
   (B) If all compost product being sold is represented by a single
laboratory analysis, a "certified laboratory analysis" means the
laboratory analysis performed on the batch of the compost being sold.

   (C) If the compost product being sold contains material from more
than one 5,000 cubic yard batch, a "certified laboratory analysis"
means all laboratory analyses conducted on all the batches of compost
that comprise the final compost product. 
   (D) The certified laboratory analysis shall have appended a list
of all feedstocks and additives in the compost product. 
   (c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
   SEC. 4.   SEC. 5.   Section 14542 is
added to the Food and Agricultural Code, to read:
   14542.  (a) "Labeling" means all written, printed, or graphic
matter on, accompanying, or used in promoting the sale of any
fertilizing material, including advertisements, brochures, posters,
and television and radio announcements.
   (b) This section shall become operative on January 1, 2014.