HOUSE BILL No. 1059
DIGEST OF INTRODUCED BILL
Citations Affected: IC 15-3-3.
Synopsis: Commercial fertilizer law. Makes changes to the
commercial fertilizer law, including changing the definition of
"blending" for fertilizers and adding a definition of "ammonium
nitrate". Authorizes a $50 fee for certification and education programs.
Establishes civil penalties for violating the commercial fertilizer law,
and makes it a Class A misdemeanor to knowingly or intentionally
violate the commercial fertilizer law. Changes the membership of the
fertilizer advisory board. Makes other technical changes.
Effective: July 1, 2008.
January 8, 2008, read first time and referred to Committee on Agriculture and Rural
Second Regular Session 115th General Assembly (2008)
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HOUSE BILL No. 1059
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 15-3-3-3; (08)IN1059.1.1. -->
SECTION 1. IC 15-3-3-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 3. The following definitions apply
throughout this chapter:
(1) "Fertilizer material" means any substance containing nitrogen,
phosphate, potash, or any recognized plant nutrient that is used
for its plant nutrient content and that is designed to have value in
promoting plant growth. The term includes unmanipulated animal
and vegetable manures.
(2) "Mixed fertilizer" means any combination or mixture of
fertilizer materials designed for use or claimed to have value in
promoting plant growth.
(3) "Commercial fertilizer" includes mixed fertilizer or fertilizer
materials, except nonprocessed manure, marl, lime, wood ashes,
(4) "Brand" means a term, design, or trademark used in
connection with one (1) or several grades of fertilizer.
(5) "Grade" means the minimum percentage of total nitrogen,
available phosphate (P2O5), and soluble potash (K2O) stated in the
order given in this definition.
(6) "Official sample" means any sample of commercial fertilizer
taken by the state chemist or the state chemist's agent.
(7) "Ton" means a net weight of two thousand (2,000) pounds
(8) "Percent" or "percentage" means the percentage by weight.
(9) "Person" includes an individual, partnership, association, firm,
limited liability company, and corporation.
(10) "Distributor" means a person who offers for sale, sells,
barters, or otherwise supplies commercial fertilizers.
(11) "Sell" or "sale" includes exchange.
(12) "Specialty fertilizer" means a fertilizer distributed for
(13) "Bulk fertilizer" means a fertilizer distributed in
(14) "Registrant" means a person who registers fertilizer under
(15) "Storage" means storage of bulk fertilizer by a person who
manufactures or distributes bulk fertilizer or stores bulk fertilizer
for personal use.
(16) "Board" means the Indiana fertilizer advisory board.
(17) "Blender" means a person
who is or system engaged in the
business of blending fertilizer materials.
(18) "Blending" means the physical mixing or combining of:
(2) or more fertilizer materials, including the mixing, through the
simultaneous application of two (2) or more fertilizer materials,
(A) one (1) or more fertilizer materials and one (1) or more
(B) two (2) or more fertilizer materials; or
(C) two (2) or more fertilizer materials and filler
including mixing through the simultaneous or sequential
application of any of the combinations in clause (A), (B), or
(C) to produce a uniform mixture.
(19) "Custom blend" means a fertilizer blended according to
specifications provided to a blender in a soil test nutrient
recommendation or to meet specific requests of a consumer
requirements (who is the end user) before blending.
(20) "Use" means the
process of placing placement or usage of
commercial fertilizer to promote plant growth. on a targeted
(21) "Ammonium nitrate" means the ammonium salt of nitric
acid, which must contain not less than thirty-three percent
(33%) nitrogen, fifty percent (50%) of which is in the
ammonium form and fifty percent (50%) of which is in the
SOURCE: IC 15-3-3-4; (08)IN1059.1.2. -->
SECTION 2. IC 15-3-3-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 4. (a) Before distribution in Indiana,
each brand and grade of commercial fertilizer shall be registered in the
name of the person whose name appears on the label. The application
for registration shall be submitted to the state chemist on a form
furnished by the state chemist and shall be accompanied by a fee of
twenty dollars ($20) for each grade of each brand. Fertilizers sold in
packages of twelve (12) pounds or less shall be registered for a fee of
fifty dollars ($50) for each grade of each brand. Upon approval by the
state chemist, a copy of the registration shall be furnished to the
applicant. All registrations expire on June 30 each year.
(b) In addition to the appropriate filing fee set forth in subsection
(a), a late filing fee equal to one hundred percent (100%) of the
appropriate filing fee shall be assessed:
(1) for an application to renew the registration of a commercial
fertilizer under this section that is received after July 31; or
(2) on a product that must be registered under this section before
distribution in Indiana but is found to be in distribution before
(c) The application shall include the following information:
(1) The name and address of the registrant.
(2) The brand and grade.
(3) The guaranteed analysis showing the minimum percentage of
plant food claimed in the following order and form:
Total Nitrogen (N)
Available Phosphate (P2
Soluble Potash (K2
When applied to mixed fertilizers, grade shall be given in whole
numbers only. However, the state chemist may permit fractional
numbers to be used for specialty fertilizers or when additional plant
food elements or other additives are added. Unacidulated mineral
phosphatic materials and basic slag shall be guaranteed as to both total
and available phosphate and the degree of fineness. In the case of bone,
tankage, and other natural organic phosphate materials, only the total
phosphate need be guaranteed. Additional plant food elements or other
additives, determinable by chemical methods, may be guaranteed only
by permission of the state chemist who shall grant such permission
only if the state chemist determines that the granting of such
permission would not constitute a misrepresentation and is correct with
the advice of the dean of agriculture of Purdue University or the dean's
designee. When any such additional plant foods are claimed,
plant foods shall be included in the guarantee in the form of the
element and shall be subject to inspection and analysis in accordance
with the methods that may be prescribed by the state chemist.
(d) A distributor is not required to register a brand of commercial
fertilizer that is registered under this chapter by another person if the
label used by the distributor does not differ in any respect from that
used by the registrant.
(e) A distributor who acts as a blender is not required under
subsection (a) to register a custom blend that the distributor produces
if the fertilizer materials blended together to produce the custom blend
are registered under subsection (a). However, a distributor who acts as
a blender shall provide the state chemist with the following information
about each custom blend that the distributor produces:
(1) The name and address of the distributor.
(2) The brand and grade of the custom blend.
(3) The guaranteed analysis of the custom blend showing the
minimum percentage of plant food claimed in the following order
(A) The percent of total nitrogen (N).
(B) The percent of available phosphate (P2O5).
(C) The percent of soluble potash (K2O).
SOURCE: IC 15-3-3-12; (08)IN1059.1.3. -->
SECTION 3. IC 15-3-3-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 12. The state chemist
(1) adopt rules under IC 4-22-2 relating to the use of fertilizer
material and the distribution and storage of bulk commercial
fertilizers to implement this chapter, including rules that set forth
standards for the storage of bulk fertilizers for the purpose of
protecting the waters of the state; and
(2) establish fees for services, not to exceed fifty dollars ($50)
each year, to implement a certification and education
program for specified categories of fertilizer material
applicators as the program relates to the application and
transportation of fertilizer material. The state chemist shall
determine the content of the education programs. Fees
collected under this section shall be paid and reported in the
same manner as fees are paid and reported under
SOURCE: IC 15-3-3-15.5; (08)IN1059.1.4. -->
SECTION 4. IC 15-3-3-15.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 15.5. (a) If a person violates this chapter or a rule
adopted under this chapter, the state chemist may:
(1) warn, cite, or impose a civil penalty under IC 4-21.5-3-6;
(2) deny, suspend, revoke, or amend the person's registration
under this chapter.
(b) The state chemist may impose civil penalties under a
schedule of civil penalties adopted by the board in a rule adopted
under IC 4-22-2.
(c) A person who knowingly or intentionally violates this
chapter commits a Class A misdemeanor.
SOURCE: IC 15-3-3-17; (08)IN1059.1.5. -->
SECTION 5. IC 15-3-3-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 17. (a) The Indiana
fertilizer advisory board is established to study the regulation of
fertilizer and to advise the state chemist on the administration of this
(b) The board consists of the following members:
(1) Two (2) representatives of the retail fertilizer industry.
(2) One (1) representative of fertilizer manufacturing,
distributing, or manufacturing and distributing.
(3) Two (2) representatives of producers of agricultural crops.
(4) One (1) representative of the lawn care industry.
(5) One (1) representative of the Purdue School of Agriculture.
(6) One (1) representative of a public conservation organization.
(7) One (1) representative of the livestock industry.
The president of the Indiana Plant Food and Agricultural
Chemicals Association, who shall serve as a nonvoting member.
One (1) representative of the department of environmental
management, who shall serve as a nonvoting member.
The fertilizer administrator for the office of the state
chemist, who shall serve as a nonvoting member.
The engineer specialist for the office of the state
chemist, who shall serve as a nonvoting member.
(12) One (1) representative of the department of agriculture,
who shall serve as a nonvoting member.
(c) The voting members of the board shall be appointed by the state
chemist for terms of four (4) years.
(d) Voting members of the board may be appointed for successive
terms at the discretion of the state chemist.
(e) The state chemist may remove a voting member of the board for
cause before the expiration of the member's term.
(f) Vacancies created by the death, resignation, or removal for cause
of a member of the board must be filled in the manner prescribed for
appointment to that board position. Vacancies must be filled within
thirty (30) days of the death, resignation, or removal for cause.
(g) The board shall elect one (1) of its voting members chairperson
to serve for a term of two (2) years, unless the chairperson's
appointment expires before the expiration of the term, in which case
the term is for the duration of the chairperson's appointment.
(h) The board may meet at times specified by the chairperson or by
a majority of the board, but shall not meet less than annually.
(i) Five (5) voting members of the board constitutes a quorum.
Official actions require a majority of the voting members. The
chairperson may actively participate in all decisions of the board.
(j) Each member of the board who is not a state employee is entitled
to receive both of the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for travel expenses and other expenses
actually incurred in connection with the member's duties, as
provided in the state travel policies and procedures established by
the Indiana department of administration and approved by the
Each member of the board who is a state employee is entitled to
reimbursement for travel expenses as provided under IC 4-13-1-4 and
other expenses actually incurred in connection with the member's
duties, as provided in the state travel policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
(k) The board shall invite nonvoting members to serve at the
pleasure of the board.