Bill Text: IN HB1202 | 2013 | Regular Session | Introduced
Bill Title: Lawn fertilizers containing phosphorus.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2013-02-04 - Representative Saunders added as coauthor [HB1202 Detail]
Download: Indiana-2013-HB1202-Introduced.html
Introduced Version
HOUSE BILL No. 1202
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 15-16-2-51.
Synopsis: Lawn fertilizers containing phosphorus. Requires
distributors, retailers, and persons engaged in lawn care service who
sell or offer for sale a fertilizer containing phosphorus for use on a lawn
to make available certain information to the customer. Requires a
person who is engaged in lawn care service to offer each customer a
fertilizer product that does not contain phosphorus for use on the
customer's lawn.
Effective: July 1, 2013.
Errington
January 10, 2013, read first time and referred to Committee on Natural Resources.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
HOUSE BILL No. 1202
A BILL FOR AN ACT to amend the Indiana Code concerning
agriculture and animals.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 15-16-2-51; (13)IN1202.1.1. -->
SECTION 1. IC 15-16-2-51 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 51. (a) As used in this section, "fertilizer containing
phosphorus" means fertilizer containing at least sixty-seven
hundredths percent (0.67%) of phosphorus by weight, excluding
biologically stable material derived from composting or the aerobic
thermophilic decomposition of organic matter.
(b) As used in this chapter, "lawn" means any nonagricultural land area that is covered by grass. The term does not include flower or vegetable gardens, pasture, cropland, trees, shrubs, turf grown on sod farms, or any land used for agricultural or livestock production.
(c) A distributor or retailer who sells or offers for sale a fertilizer containing phosphorus for use on a lawn shall do the following:
(1) Display the fertilizer containing phosphorus separately from fertilizer that does not contain phosphorus.
(2) Provide consumer materials developed by the state chemist that include the following information:
(A) Recommended best management practices for the use of a fertilizer containing phosphorus on a lawn.
(B) Information on the water quality problems phosphorus can cause.
(C) An explanation on how to determine if a fertilizer contains phosphorus.
(D) A statement that phosphorus is often not necessary to improve lawn health.
(3) Post a sign approved by the state chemist that presents the following information in plain language and an easy to understand format:
(A) Provides information on the water quality problems phosphorus can cause.
(B) Explains that phosphorus is often not necessary to improve lawn health.
(C) Explains how to determine if a commercial fertilizer contains phosphorus.
(d) The sign required in subsection (c)(3) must meet the following requirements:
(1) Is clearly visible to the customer.
(2) Is located where fertilizers containing phosphorus are displayed.
(3) Is at least eleven (11) inches in height by seventeen (17) inches in width.
(4) Is positioned at least four (4) feet but not more than seven (7) feet above the floor.
(e) A person who is engaged in lawn care service (as defined in IC 15-16-3-4) whose service includes the use of a fertilizer containing phosphorus must provide to each customer written educational information approved by the state chemist that includes the following information:
(1) Recommended best management practices for the use of a fertilizer containing phosphorus on a lawn.
(2) Information on the water quality problems phosphorus can cause.
(3) A statement that phosphorus is often not necessary to improve lawn health.
(f) A person who is engaged in lawn care service (as defined in IC 15-16-3-4) shall offer each customer a commercial fertilizer that does not contain phosphorus for use on the customer's lawn.
(b) As used in this chapter, "lawn" means any nonagricultural land area that is covered by grass. The term does not include flower or vegetable gardens, pasture, cropland, trees, shrubs, turf grown on sod farms, or any land used for agricultural or livestock production.
(c) A distributor or retailer who sells or offers for sale a fertilizer containing phosphorus for use on a lawn shall do the following:
(1) Display the fertilizer containing phosphorus separately from fertilizer that does not contain phosphorus.
(2) Provide consumer materials developed by the state chemist that include the following information:
(A) Recommended best management practices for the use of a fertilizer containing phosphorus on a lawn.
(B) Information on the water quality problems phosphorus can cause.
(C) An explanation on how to determine if a fertilizer contains phosphorus.
(D) A statement that phosphorus is often not necessary to improve lawn health.
(3) Post a sign approved by the state chemist that presents the following information in plain language and an easy to understand format:
(A) Provides information on the water quality problems phosphorus can cause.
(B) Explains that phosphorus is often not necessary to improve lawn health.
(C) Explains how to determine if a commercial fertilizer contains phosphorus.
(d) The sign required in subsection (c)(3) must meet the following requirements:
(1) Is clearly visible to the customer.
(2) Is located where fertilizers containing phosphorus are displayed.
(3) Is at least eleven (11) inches in height by seventeen (17) inches in width.
(4) Is positioned at least four (4) feet but not more than seven (7) feet above the floor.
(e) A person who is engaged in lawn care service (as defined in IC 15-16-3-4) whose service includes the use of a fertilizer containing phosphorus must provide to each customer written educational information approved by the state chemist that includes the following information:
(1) Recommended best management practices for the use of a fertilizer containing phosphorus on a lawn.
(2) Information on the water quality problems phosphorus can cause.
(3) A statement that phosphorus is often not necessary to improve lawn health.
(f) A person who is engaged in lawn care service (as defined in IC 15-16-3-4) shall offer each customer a commercial fertilizer that does not contain phosphorus for use on the customer's lawn.
