BILL NUMBER: AB 2137 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2010
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 18, 2010
An act to amend Section 14681 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:
misbranding: labels.
Existing law generally regulates fertilizing materials, as
defined, and provides for the licensure of persons who
manufacture or distribute fertilizing materials
including the labeling of fertilizing materials. Existing law defines
"label" and "labeling" for purposes of these provisions .
This bill would, until January 1, 2015, provide that "label" and
"labeling" do not include a certified laboratory analysis showing the
nutrient contents of compost, cocompost, or mulch, as defined, if
the laboratory analysis documentation contains a specified statement,
as provided.
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 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) 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, that the compost,
cocompost, or mulch "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."
(c) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 2. 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, 2015.
SEC. 3. 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) 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, that the
compost, cocompost, or mulch "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."
(c) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 4. 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, 2015.
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:
(1) If its labeling is false or misleading in any particular way.
(2) If it is distributed under the name of another fertilizing
material.
(3) If it is not labeled as required by regulations adopted
pursuant to this chapter.
(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.