Amended in Assembly February 25, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1811


Introduced by Assembly Member Dodd

February 8, 2016


An act to amend Sectionbegin delete 14513 of, and to add Section 14513.5 to,end deletebegin insert 14601 ofend insert the Food and Agricultural Code, relating to fertilizer.

LEGISLATIVE COUNSEL’S DIGEST

AB 1811, as amended, Dodd. begin deleteFertilizing materials: auxiliary soil and plant substances: biocharend deletebegin insertFertilizer: organic input material: inspectionsend insert.

begin insert

Existing law generally regulates fertilizing materials, as defined and which includes organic input material, and provides for the licensure of individuals who manufacture or distribute fertilizing materials. Existing law requires organic input material manufacturers to be inspected at least once per year. Existing law authorizes the Secretary of Food and Agriculture to perform site inspections of organic input material manufacturing processes used to validate label nutrient guarantees, claims, and compliance with specified federal standards during the registration process, and to accept inspections performed by a 3rd-party organization recognized by the National Organic Program for out-of-state organic input material manufacturers. Existing law requires all inspection records obtained by the 3rd-party organization to be made available to the secretary upon request.

end insert
begin insert

This bill would eliminate the requirement that organic input material manufacturers be inspected at least once per year, and would delete the limitation that the secretary is authorized to perform site inspections of organic input material manufacturing processes only during the registration process. The bill would authorize the Department of Food and Agriculture to accept inspections performed by a 3rd-party organization approved by the secretary for organic input material manufacturers. The bill would require all inspection records obtained by a contracted 3rd-party organization to be made available to the secretary upon request.

end insert
begin delete

Existing law generally regulates fertilizer materials and provides for the licensure of individuals who manufacture or distribute fertilizing materials. Existing law defines various terms for the purpose of carrying out these provisions, including, but not limited to, auxiliary soil and plant substances. Existing law lists specific chemical or biological substances or mixtures of substances or devices included within the definition of auxiliary soil and plant substances and excludes commercial fertilizers, agricultural minerals, pesticides, soil amendments, and manures from the definition.

end delete
begin delete

This bill would include biochar, as defined, as a product intended to be used for influencing soils, plant growth, or crop or plant quality for the purposes of the definition of auxiliary soil and plant substances. The bill would remove soil amendments as a substance excluded from the definition of auxiliary soil and plant substances.

end delete

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

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 14601 of the end insertbegin insertFood and Agricultural Codeend insert
2begin insert is amended to read:end insert

3

14601.  

(a) Each differing label, other than weight or package
4size, such as changes in the guaranteed analysis, derivation
5statement, or anything that implies a different product, for specialty
6fertilizer, packaged agricultural mineral, auxiliary soil and plant
7substance, organic input material, and packaged soil amendment
8shall be registered. All registrations shall be renewed in January
9of an even-numbered year, and shall be valid until December 31
10of the following odd-numbered year, if issued in January of that
11same year. The registration fee shall not exceed two hundred dollars
12($200) per product, except for organic input material.

13(b) Notwithstanding subdivision (a), the registration fee for
14organic input material shall not exceed five hundred dollars ($500)
15per product, as the registration of organic input material labels
16require additional departmental resources and review time to ensure
P3    1that nutrient guarantees and claims are scientifically feasible and
2meet National Organic Program standards. Funds generated from
3the registration of organic input material shall be deposited into
4the Organic Input Materials Account in the Department of Food
5and Agriculture Fund and, notwithstanding Section 221, shall be
6available upon appropriation by the Legislature.

7(c) The secretary may, based on the findings and
8recommendations of the board, reduce the registration fees to a
9lower rate that provides sufficient revenue to carry out this chapter.

10(d) Registrations may not be issued without a current license.

11(e) The secretary may require proof of labeling statements and
12other claims made for any specialty fertilizer, agricultural mineral,
13packaged soil amendment, organic input material, or auxiliary soil
14and plant substance, before the secretary registers any such product.
15As evidence of proof, the secretary may rely on experimental data,
16evaluations, or advice furnished by scientists, including scientists
17affiliated with the University of California, and may accept or
18reject additional sources of proof in the evaluation of any fertilizing
19material. In all cases, experimental proof shall relate to conditions
20in California under which the product is intended for use.

21(f) begin deleteOrganic input material manufacturers shall be inspected at
22least once per year. end delete
The secretary may perform site inspections of
23organic input material manufacturing processes used to validate
24label nutrient guarantees, claims, and compliance with National
25Organic Programbegin delete standards during the registration process.end delete
26begin insert standards.end insert Thebegin delete secretaryend deletebegin insert departmentend insert may accept inspections
27performed by a third-party organizationbegin delete recognizedend deletebegin insert approvedend insert by
28thebegin delete National Organic Programend deletebegin insert secretaryend insert forbegin delete out-of-stateend delete organic
29input material manufacturers. All inspection records obtained by
30begin delete theend deletebegin insert a contractedend insert third-party organization shall be made available
31to the secretary upon request. When abegin insert contractedend insert third-party
32organization is conducting a site inspection, the organization shall
33notify the department of when the inspection is going to take place
34no less than 72 hours in advance of the inspection. Department
35representatives may be present at the inspection.

36(g) (1) The secretary, after hearing, may cancel the registration
37of, or refuse to register, any specialty fertilizer, packaged
38agricultural mineral, packaged soil amendment, organic input
39material, or auxiliary soil and plant substance, which the secretary
40determines is detrimental or injurious to plants, animals, public
P4    1safety, or the environment when it is applied as directed, which is
2known to be of little or no value for the purpose for which it is
3intended, or for which any false or misleading claim is made or
4implied. The secretary may cancel the registration of any product
5of any person who violates this chapter.

6(2) The proceedings to determine whether to cancel or refuse
7registration of any of those products shall be conducted pursuant
8to Chapter 5 (commencing with Section 11500) of Part 1 of
9Division 3 of Title 2 of the Government Code. The secretary shall
10have all the powers that are granted pursuant to Chapter 5.

begin delete11

SECTION 1.  

Section 14513 of the Food and Agricultural Code
12 is amended to read:

13

14513.  

“Auxiliary soil and plant substance” means any
14chemical or biological substance or mixture of substances or device
15distributed in this state to be applied to soil, plants, or seeds for
16soil corrective purposes; or that is intended to improve germination,
17growth, yield, product quality, reproduction, flavor, or other
18desirable characteristics of plants; or that is intended to produce
19any chemical, biochemical, biological, or physical change in soil;
20but does not include commercial fertilizers, agricultural minerals,
21pesticides, or manures. It shall include the following:

22(a) Bacterial inoculants.

23(b) Biotics.

24(c) Lignin or humus preparations.

25(d) Microbial products, including genetically engineered
26microorganisms.

27(e) Soil binding agents.

28(f) Synthetic polyelectrolytes.

29(g) Wetting agents to promote water penetration.

30(h) Any similar product intended to be used for influencing
31soils, plant growth, or crop or plant quality, including biochar.

end delete
begin delete32

SEC. 2.  

Section 14513.5 is added to the Food and Agricultural
33Code
, to read:

34

14513.5.  

“Biochar” means materials derived from
35thermochemical conversion of biomass in an oxygen-limited
36environment containing at least 60 percent carbon.

end delete


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