Bill Text: CA AB1811 | 2015-2016 | Regular Session | Chaptered
Bill Title: Fertilizer: organic input material: registration: inspections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-22 - Chaptered by Secretary of State - Chapter 448, Statutes of 2016. [AB1811 Detail]
Download: California-2015-AB1811-Chaptered.html
BILL NUMBER: AB 1811 CHAPTERED
BILL TEXT
CHAPTER 448
FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2016
APPROVED BY GOVERNOR SEPTEMBER 22, 2016
PASSED THE SENATE AUGUST 11, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN SENATE MAY 27, 2016
AMENDED IN SENATE MAY 5, 2016
AMENDED IN ASSEMBLY FEBRUARY 25, 2016
INTRODUCED BY Assembly Member Dodd
FEBRUARY 8, 2016
An act to amend Sections 14557, 14601, 14603, and 14681 of, and to
add Section 14604 to, the Food and Agricultural Code, relating to
fertilizer.
LEGISLATIVE COUNSEL'S DIGEST
AB 1811, Dodd. Fertilizer: organic input material: registration:
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 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.
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.
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.
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 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.
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.
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.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14557 of the Food and Agricultural Code is
amended to read:
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 reprinted or during registration
renewal.
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. 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. 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.
SEC. 3. Section 14603 of the Food and Agricultural Code is amended
to read:
14603. 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.
SEC. 4. Section 14604 is added to the Food and Agricultural Code,
to read:
14604. 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.
SEC. 5. Section 14681 of the Food and Agricultural Code is amended
to read:
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
material, as determined by the department.
(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.
