BILL NUMBER: AB 2137 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 29, 2010
AMENDED IN ASSEMBLY APRIL 21, 2010
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 18, 2010
An act to 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: labels.
Existing law generally regulates fertilizing materials, as
defined, including the labeling of fertilizing materials. Existing
law defines "label" and "labeling" for purposes of these provisions.
This bill would, until January 1, 2015
2014 , provide that "label" and "labeling" do not include a
certified laboratory analysis , as defined, showing the
nutrient contents of compost, cocompost, or mulch, as defined, if the
laboratory analysis documentation contains a specified statement, as
provided.
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) (1) 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
underscored text, the following:
The [compost, cocompost, or mulch (as appropriate)
] 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." analyses for material produced by the
same process.
(2) For purposes of paragraph (1), all of the following shall
apply:
(A) A "certified laboratory analysis" means an analysis performed
in accordance with the sampling requirements established in Article 7
(commencing with Section 17868.1) of Chapter 3.1 of Division 7 of
Title 14 of the California Code of Regulations.
(B) If all compost product being sold is represented by a single
laboratory analysis, a "certified laboratory analysis" means the
laboratory analysis performed on the batch of the compost being sold.
(C) If the compost product being sold contains material from more
than one 5,000 cubic yard batch, a "certified laboratory analysis"
means all laboratory analyses conducted on all the batches of compost
that comprise the final compost product.
(c) This section shall remain in effect only until January 1,
2015 2014 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2015 2014 , 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 2014 .
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) (1) 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
underscored text, the following:
The [compost, cocompost, or mulch (as appropriate)
] 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." analyses for material produced by the
same process.
(2) For purposes of paragraph (1), all of the following shall
apply:
(A) A "certified laboratory analysis" means an analysis performed
in accordance with the sampling requirements established in Article 7
(commencing with Section 17868.1) of Chapter 3.1 of Division 7 of
Title 14 of the California Code of Regulations.
(B) If all compost product being sold is represented by a single
laboratory analysis, a "certified laboratory analysis" means the
laboratory analysis performed on the batch of the compost being sold.
(C) If the compost product being sold contains material from more
than one 5,000 cubic yard batch, a "certified laboratory analysis"
means all laboratory analyses conducted on all the batches of compost
that comprise the final compost product.
(c) This section shall remain in effect only until January 1,
2015 2014 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2015 2014 , 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 2014 .