Bill Text: MI SB0648 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Agriculture; fertilizer; fertilizers; modify allowable uses of certain fertilizers. Amends secs. 8501 & 8512b of 1994 PA 451 (MCL 324.8501 & 324.8512b).
Spectrum: Moderate Partisan Bill (Republican 9-1)
Status: (Introduced - Dead) 2011-09-15 - Referred To Committee On Agriculture [SB0648 Detail]
Download: Michigan-2011-SB0648-Introduced.html
SENATE BILL No. 648
September 15, 2011, Introduced by Senators MARLEAU, KOWALL, EMMONS, HANSEN, ROBERTSON, NOFS, GREEN, JONES, BOOHER and GLEASON and referred to the Committee on Agriculture.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 8501 and 8512b (MCL 324.8501 and 324.8512b),
section 8501 as amended and section 8512b as added by 2010 PA 299.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8501. As used in this part:
(a) "Adulterated product" means a product that contains any
deleterious or harmful substance in sufficient amount to render it
injurious to beneficial plant life, animals, humans, aquatic life,
soil or water when applied in accordance with directions for use on
the label, or if adequate warning statements or directions for use
that may be necessary to protect plant life, animals, humans,
aquatic life, soil or water are not shown on the label.
(b) "Agricultural use" means that term as defined in section
36101.
(c) "Aquifer" means a geologic formation, group of formations,
or part of a formation capable of yielding a significant amount of
groundwater to wells or springs.
(d) "Aquifer sensitivity" means a hydrogeologic function
representing the inherent abilities of materials surrounding the
aquifer to attenuate the movement of nitrogen fertilizers into that
aquifer.
(e) "Aquifer sensitivity region" means an area in which
aquifer sensitivity estimations are sufficiently uniform to warrant
their classification as a unit.
(f) "Biosolids" means a product consisting in whole or in part
of sewage sludge that is distributed to the public and that is
disinfected by means of composting, pasteurization, wet air
oxidation, heat treatment, or other means.
(g) (f)
"Brand or product name"
means a term, design, or
trademark used in connection with 1 or more grades of fertilizer.
(h) (g)
"Bulk fertilizer" means
fertilizer distributed in a
nonpackaged form.
(i) (h)
"Custom blend" means a
fertilizer blended according to
specifications provided to a blender in a soil test nutrient
recommendation or blended as specifically requested by the consumer
prior to blending.
(j) (i)
"Department" means the
department of agriculture and
rural development.
(k) (j)
"Director" means the
director of the department or his
or her designee.
(l) (k)
"Distribute" means to
import, consign, sell, barter,
offer for sale, solicit orders for sale, or otherwise supply
fertilizer for sale or use in this state.
(m) (l) "Distributor"
means any person who distributes
fertilizer for sale or use in this state.
(n) (m)
"Fertilizer" means a
substance containing 1 or more
recognized plant nutrients, which substance is used for its plant
nutrient content and which is designed for use, or claimed to have
value, in promoting plant growth. Fertilizer does not include
unmanipulated animal and vegetable manures, marl, lime, limestone,
wood ashes, and other materials exempted by rules promulgated under
this part.
(o) (n)
"Fertilizer material"
means a fertilizer to which 1 or
more of the following apply:
(i) Contains not more than 1 of the following as primary
nutrients:
(A) Total nitrogen (N).
(B) Available phosphate (P2O5).
(C) Soluble potash (K2O).
(ii) Has 85% or more of its plant nutrient content present in
the form of a single chemical compound.
(iii) Is derived from a plant or animal residue or by-product or
natural material deposit that has been processed in such a way that
its content of plant nutrients has not been materially changed
except by purification and concentration.
(o)
"Finished sewage sludge product" means a product
consisting
in whole or in part of sewage sludge that is distributed
to
the public and that is disinfected by means of composting,
pasteurization,
wet air oxidation, heat treatment, or other means.
(p) "Fund" means the fertilizer control fund created under
section 8514.
(q) "Grade" means the percentage guarantee of total nitrogen
(N), available phosphate (P2O5), and soluble potash (K2O), of a
fertilizer. Grade shall be stated in the same order given in this
subdivision. Indication of grade does not apply to peat or peat
moss or soil conditioners.
(r) "Groundwater" means underground water within the zone of
saturation.
(s) "Groundwater stewardship practices" means any of a set of
voluntary practices adopted by the commission of agriculture and
rural development pursuant to part 87, designed to protect
groundwater from contamination by fertilizers.
(t) "Guaranteed analysis" means the minimum percentage of each
plant nutrient guaranteed or claimed to be present.
(u) "Impervious surface" means a paved highway, street,
sidewalk, parking lot, driveway, or other outdoor structure that
prevents infiltration of water into the soil.
(v) "Label" means any written, printed, or graphic matter on
or attached to packaged fertilizer or used to identify fertilizer
distributed in bulk or held in bulk storage.
(w) "Labeling" means all labels and other written, printed,
electronic, or graphic matter upon or accompanying any fertilizer
at any time, and includes advertising, sales literature, brochures,
posters, and internet, television, and radio announcements used in
promoting the sale of that fertilizer.
(x) "Licensee" means the person who receives a license to
manufacture or distribute fertilizers under this part.
(y) "Lot" means an identifiable quantity of fertilizer that
can be sampled officially according to methods adopted under
section 8510, that is contained in a single vehicle, or that is
delivered under a single invoice.
(z) "Manipulated manure" means animal or vegetable manure that
is ground, pelletized, mechanically dried, packaged, supplemented
with plant nutrients or other substances other than phosphorus, or
otherwise treated in a manner to assist with the sale or
distribution of the manure as a fertilizer or soil or plant
additive.
(aa) "Manufacture" means to process, granulate, compound,
produce, mix, blend, or alter the composition of fertilizer or
fertilizer materials.
(bb)
"Organic manure" means manure derived solely from living
organisms
without manipulation.
(bb) "Natural fertilizer" means a substance composed only of
natural organic, natural inorganic, or both types of fertilizer
materials and natural fillers.
(cc) "Sewage sludge" means sewage sludge generated in the
treatment of domestic sewage, other than only septage or industrial
waste.
(dd) "Turf" means land, including residential, commercial, or
industrial property, golf courses, or publicly owned land, that is
planted in closely mowed, managed grass, except land used in the
operation of a commercial farm.
Sec. 8512b. (1) Beginning January 1, 2012, except as provided
in subsection (2), (3), (4), or (5), a person shall not apply to
turf a fertilizer labeled as containing the plant nutrient
available phosphate (P2O5).
(2) If a tissue, soil, or other test performed within the
preceding 3 years by a laboratory experienced in conducting tests
for phosphorus that adhere to recognized national standards
indicates that the level of available phosphate (P2O5) in the soil
is deficient to support healthy turf grass growth or establishment,
a person may apply fertilizer to the turf at an application rate
for available phosphate (P2O5) not exceeding that necessary to
correct the deficiency.
(3) If new turf is being established using seed or sod, it is
the first growing season for the turf grass at the site, and a test
described in subsection (2) has not been performed, a person may
apply fertilizer to the turf at an application rate for available
phosphate (P2O5) not exceeding the standard rate for new turf grass
establishment, which shall be specified by the director after
consultation with the Michigan state university extension.
(4)
A person may apply a finished sewage sludge product, an
organic
manure, biosolids, a natural
fertilizer, or a manipulated
manure
to turf at a rate of not more than 0.25 pounds of phosphorus
available phosphate (P2O5) per 1,000 square feet at any 1 time.
(5) In addition to the applications authorized under
subsections (2), (3), and (4), a person may apply fertilizer
labeled as containing the plant nutrient available phosphate (P2O5)
to a golf course if 1 or more of the following apply:
(a) The golf course has been certified by an organization as a
result of the golf course's staff having successfully completed a
training program approved by the director. The director shall
approve a training program if it is a continuing program,
adequately addresses best management practices for use of turf
fertilizer containing available phosphate (P2O5), and requires
trainees to demonstrate successful implementation of those best
management practices.
(b) If a tissue, soil, or other test performed within the
preceding 3 years by a laboratory experienced in conducting tests
for phosphorus that adhere to recognized national standards
indicates that the level of available phosphate (P2O5) in the soil
is deficient to support healthy golf course turf grass growth or
establishment, the golf course may apply fertilizer at an
application rate for available phosphate (P2O5) not exceeding that
necessary to correct the deficiency.
(c) If new turf is being established using seed or sod, it is
the first growing season for the turf grass at the site, and a test
described in subdivision (b) has not been performed, a golf course
may apply fertilizer to the turf at an application rate for
available phosphate (P2O5) not exceeding the rate necessary for new
golf course turf grass establishment.
(6) A person shall not apply fertilizer to turf less than 15
feet from any surface water, unless 1 or more of the following
apply:
(a) A continuous natural vegetative buffer at least 10 feet
wide separates the turf from the surface water.
(b) A spreader guard, deflector shield, or drop spreader is
used when applying the fertilizer, and the fertilizer is not
applied less than 3 feet from the surface water.
(7) A person shall not clean a fertilizer spreader that is
used to apply fertilizer to turf in a manner that allows wash water
from the spreader to discharge directly into waters of this state,
including, but not limited to, a drain under the drain code of
1956, 1956 PA 40, MCL 280.1 to 280.630.
(8) The department shall post information concerning the
requirements of subsections (1) to (5) on its website and publicize
the availability of that information by whatever means the
department determines to be appropriate.
