Amended in Senate May 27, 2016

Amended in Senate May 5, 2016

Amended in Assembly February 25, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1811

Introduced by Assembly Member Dodd

February 8, 2016

An act to amend begin delete Section 14601 of, and to add Section 14594 end delete begin insert Sections 14557, 14601, 14603, and 14681 of, and to add Section 14604 end insert to, the Food and Agricultural Code, relating to fertilizer.

LEGISLATIVE COUNSEL’S DIGEST

AB 1811, as amended, Dodd. Fertilizer: organic input material: begin insert registration: end insert 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, for purposes of those provisions, defines “provisional registration” to mean that under certain circumstances, a label for renewal on an auxiliary soil and plant substance, packaged agricultural mineral, packaged soil amendment, organic input material, or specialty fertilizer, alone or in any combination, may be registered for a limited period of time while labels are being corrected and reprinted.

This bill would begin delete authorize the Secretary of Food and Agriculture to create a provisional license for a licensee seeking to renew a license to manufacture or distribute fertilizing materials, if necessary for a licensee to be able to conduct business while awaiting the processing of a license renewal. The bill would require that all fees be paid before the issuance of any provisional license pursuant to those provisions. end delete begin insert provide that such a label for renewal may be registered for a limited period of time while labels are being corrected and reprinted or during registration renewal. end insert

begin insert

Existing law requires that each differing label, other than weight or package size, as described, for specialty fertilizer, packaged agricultural mineral, auxiliary soil and plant substance, organic input material, and packaged soil amendment be registered, and requires that all registrations be renewed in January of an even-numbered year, and be valid until December 31 of the following odd-numbered year, if issued in January of that same year.

end insert begin insert

This bill would delete those provisions regarding the date for renewal of those registrations and would instead authorize the Department of Food and Agriculture to develop a schedule for all registration to be submitted to the department for approval and would require that registrations be valid for 2 years.

end insert

Existing law authorizes the begin delete secretary end delete begin insert Secretary of Food and Agriculture end insert 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 provide that those site inspections give priority to inspecting high-risk products and manufacturers. 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.

begin insert

This bill would authorize the secretary to grant a provisional registration for a period not exceeding 6 months for a registered product undergoing renewal. The bill would make various changes to the dates during which registration and renewals are valid.

end insert begin insert

Existing law prohibits a person from distributing a misbranded fertilizing material under specified conditions, including, among other things, if the misbranded fertilizing material is deemed to be distributed under the name of another fertilizing material.

end insert begin insert

This bill would revise that condition to prohibit distribution of a misbranded fertilizing material deemed to be distributed under the name of another fertilizing material, as determined by the department.

end insert

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

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

begin delete

SECTION 1.  

Section 14594 is added to the Food and
Agricultural Code, to read:

14594.  

The secretary may create a provisional license for a
licensee seeking to renew a license, if necessary for a licensee to
be able to conduct business while awaiting the processing of a
license renewal. All fees shall be paid before the issuance of a
provisional license under this section.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 14557 of the end insert begin insert Food and Agricultural Code end insert

begin insert is amended to read: end insert

14557.  

“Provisional registration” means that under certain
circumstances, a label for renewal on an auxiliary soil and plant
substance, packaged agricultural mineral, packaged soil
amendment, organic input material, or specialty fertilizer, alone
or in any combination, may be registered for a limited period of
time while labels are being corrected and begin delete reprinted. end delete begin insert reprinted or
during registration renewal. end insert

SEC. 2.  

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. begin delete 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. end delete begin insert The department may develop a schedule for all
registrations to be submitted to the department for approval, and
registrations shall be valid for two years. end insert 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) 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 giving priority to inspecting high-risk products and
manufacturers. The department may accept inspections performed
by a third-party organization approved by the secretary for organic
input material manufacturers. All inspection records obtained by
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.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 14603 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

14603.  

begin delete The registration shall expire on December 31, of an
odd-numbered year. end delete Each application for renewal shall be
accompanied by a fee not to exceed two hundred dollars ($200)
for each product label. If a registration is not renewed within one
calendar month following expiration, a penalty of fifty dollars
($50) per product label shall be added to the fee.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 14604 is added to the end insert begin insert Food and Agricultural
Code end insert begin insert , to read: end insert

begin insert

begin insert 14604. end insert   

The secretary may grant a provisional registration for
a period not exceeding six months for a registered product
undergoing renewal. All fees shall be paid before the issuance of
any provisional registration.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 14681 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

14681.  

No person shall distribute misbranded fertilizing
materials. A fertilizing material shall be deemed to be misbranded
under any of the following conditions:

(a) If its labeling is false or misleading in any particular way.

(b) If it is distributed under the name of another fertilizing

begin delete material. end delete begin insert material, as determined by the department. end insert

(c) If it is not labeled as required by regulations adopted pursuant
to this chapter.

(d) If it purports to be, or is represented as, a fertilizing material,
or is represented as containing a primary or secondary plant nutrient
or micronutrients, or both, unless the plant nutrients conform to
the definition of identity, if any, prescribed by regulation. In
adopting these regulations, due regard shall be given to commonly
accepted definitions and official fertilizer terms such as those
prescribed by the Association of American Plant Food Control
Officials.