BILL NUMBER: AB 1811 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY FEBRUARY 25, 2016
INTRODUCED BY Assembly Member Dodd
FEBRUARY 8, 2016
An act to amend Section 14513 of, and to add Section
14513.5 to, 14601 of the Food and Agricultural
Code, relating to fertilizer.
LEGISLATIVE COUNSEL'S DIGEST
AB 1811, as amended, Dodd. Fertilizing materials:
auxiliary soil and plant substances: biochar
Fertilizer: organic input material: inspections .
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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14601 of the Food
and Agricultural Code is amended to read:
14601. (a) Each differing label, other than weight or package
size, such as changes in the guaranteed analysis, derivation
statement, or anything that implies a different product, for
specialty fertilizer, packaged agricultural mineral, auxiliary soil
and plant substance, organic input material, and packaged soil
amendment shall be registered. All registrations shall be renewed in
January of an even-numbered year, and shall be valid until December
31 of the following odd-numbered year, if issued in January of that
same year. The registration fee shall not exceed two hundred dollars
($200) per product, except for organic input material.
(b) Notwithstanding subdivision (a), the registration fee for
organic input material shall not exceed five hundred dollars ($500)
per product, as the registration of organic input material labels
require additional departmental resources and review time to ensure
that nutrient guarantees and claims are scientifically feasible and
meet National Organic Program standards. Funds generated from the
registration of organic input material shall be deposited into the
Organic Input Materials Account in the Department of Food and
Agriculture Fund and, notwithstanding Section 221, shall be available
upon appropriation by the Legislature.
(c) The secretary may, based on the findings and recommendations
of the board, reduce the registration fees to a lower rate that
provides sufficient revenue to carry out this chapter.
(d) Registrations may not be issued without a current license.
(e) The secretary may require proof of labeling statements and
other claims made for any specialty fertilizer, agricultural mineral,
packaged soil amendment, organic input material, or auxiliary soil
and plant substance, before the secretary registers any such product.
As evidence of proof, the secretary may rely on experimental data,
evaluations, or advice furnished by scientists, including scientists
affiliated with the University of California, and may accept or
reject additional sources of proof in the evaluation of any
fertilizing material. In all cases, experimental proof shall relate
to conditions in California under which the product is intended for
use.
(f) Organic input material manufacturers shall be
inspected at least once per year. The secretary may perform
site inspections of organic input material manufacturing processes
used to validate label nutrient guarantees, claims, and compliance
with National Organic Program standards during the
registration process. standards. The
secretary department may accept inspections
performed by a third-party organization recognized
approved by the National Organic Program
secretary for out-of-state
organic input material manufacturers. All inspection records obtained
by the a contracted third-party
organization shall be made available to the secretary upon request.
When a contracted third-party organization is conducting a
site inspection, the organization shall notify the department of
when the inspection is going to take place no less than 72 hours in
advance of the inspection. Department representatives may be present
at the inspection.
(g) (1) The secretary, after hearing, may cancel the registration
of, or refuse to register, any specialty fertilizer, packaged
agricultural mineral, packaged soil amendment, organic input
material, or auxiliary soil and plant substance, which the secretary
determines is detrimental or injurious to plants, animals, public
safety, or the environment when it is applied as directed, which is
known to be of little or no value for the purpose for which it is
intended, or for which any false or misleading claim is made or
implied. The secretary may cancel the registration of any product of
any person who violates this chapter.
(2) The proceedings to determine whether to cancel or refuse
registration of any of those products shall be conducted pursuant to
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code. The secretary shall have all the
powers that are granted pursuant to Chapter 5.
SECTION 1. Section 14513 of the Food and
Agricultural Code is amended to read:
14513. "Auxiliary soil and plant substance" means any chemical or
biological substance or mixture of substances or device distributed
in this state to be applied to soil, plants, or seeds for soil
corrective purposes; or that is intended to improve germination,
growth, yield, product quality, reproduction, flavor, or other
desirable characteristics of plants; or that is intended to produce
any chemical, biochemical, biological, or physical change in soil;
but does not include commercial fertilizers, agricultural minerals,
pesticides, or manures. It shall include the following:
(a) Bacterial inoculants.
(b) Biotics.
(c) Lignin or humus preparations.
(d) Microbial products, including genetically engineered
microorganisms.
(e) Soil binding agents.
(f) Synthetic polyelectrolytes.
(g) Wetting agents to promote water penetration.
(h) Any similar product intended to be used for influencing soils,
plant growth, or crop or plant quality, including biochar.
SEC. 2. Section 14513.5 is added to the Food
and Agricultural Code, to read:
14513.5. "Biochar" means materials derived from thermochemical
conversion of biomass in an oxygen-limited environment containing at
least 60 percent carbon.