BILL NUMBER: AB 2137	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 18, 2010

   An act to amend Section 14681 of the Food and Agricultural Code,
relating to fertilizer.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2137, as introduced, Chesbro. Fertilizing material:
misbranding: labels.
   Existing law generally regulates fertilizing materials, as
defined, and provides for the licensure of persons who manufacture or
distribute fertilizing materials.
   Existing law prohibits a person from distributing misbranded
fertilizing materials and provides specified conditions under which a
fertilizing material will be deemed to be misbranded.
   This bill would provide that a certified lab analysis showing the
nutrient contents of compost, cocompost, or mulch, as defined, does
not constitute a label claim for purposes of these provisions
relating to fertilizing materials.
   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.  Section 14681 of the Food and Agricultural Code is
amended to read:
   14681.   (a)    No person shall distribute
misbranded fertilizing materials. A fertilizing material shall be
deemed to be misbranded under any of the following conditions:

   (a) 
    (1)  If its labeling is false or misleading in any
particular way. 
   (b) 
    (2)  If it is distributed under the name of another
fertilizing material. 
   (c) 
    (3)  If it is not labeled as required by regulations
adopted pursuant to this chapter. 
   (d) 
    (4)  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. 
   (b) Providing a certified lab analysis showing the nutrient
contents of compost, cocompost, or mulch, as defined in subdivision
(c) of Section 12207 of the Public Contract Code, does not constitute
a label claim for purposes of this chapter.