HOUSE BILL No. 1032
DIGEST OF INTRODUCED BILL
Citations Affected: IC 15-16-2.
Synopsis: Restrictions on fertilizer containing phosphorus. Establishes
restrictions on the application of fertilizer material that contains
phosphorus. Provides exceptions for fertilizer material that: (1)
contains less than 0.67% of phosphorus by weight; or (2) is used for
agriculture purposes. Requires distributors and licensed commercial
lawn care applicators to prepare and provide consumer educational
information concerning restrictions on the use of fertilizer material
containing phosphorus and best practices for lawn care.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Natural Resources.
Second Regular Session 117th General Assembly (2012)
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HOUSE BILL No. 1032
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; (12)IN1032.1.1. -->
SECTION 1. IC 15-16-2-51 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 51. (a) This section does not apply to the application
of fertilizer for agricultural purposes, including application of
fertilizer to pasture land and land used for growing sod.
(b) As used in this section, "fertilizer containing phosphorus"
means fertilizer containing at least sixty-seven hundredths percent
(0.67%) of phosphorus by weight.
(c) A person may not apply fertilizer containing phosphorus
from December 1 through March 1.
(d) A person may not apply fertilizer containing phosphorus to
turf grass except in the following situations:
(1) The application of the fertilizer is used to establish a new
lawn that requires a balance of plant nutrients.
(2) The application of the fertilizer is used to treat an area
that is phosphorus deficient as determined by a soil test within
the previous thirty-six (36) months.
(e) A person may not intentionally apply fertilizer containing
phosphorus to an impervious surface. If fertilizer containing
phosphorus is applied to an impervious surface, the person who
applied the fertilizer shall immediately remove the fertilizer.
(f) For purposes of this subsection, a body of fresh water does
not include a swimming pool, a waterworks facility, a waste
treatment facility, or a manmade containment structure that does
not allow water to flow to a lake, reservoir, or watercourse. A
person may apply fertilizer containing phosphorus next to a body
of fresh water, including a pond, lake, stream, or wetland, only
under the following conditions:
(1) If the ground is flat or slopes away from the body of fresh
water, the fertilizer may not be applied less than ten (10) feet
from the body of fresh water.
(2) If the ground slopes toward the body of fresh water, the
fertilizer may not be applied less than twenty (20) feet from
the body of fresh water.
SOURCE: IC 15-16-2-52; (12)IN1032.1.2. -->
SECTION 2. IC 15-16-2-52 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 52. (a) Distributors and commercial lawn care
applicators (licensed under IC 15-16-3) shall prepare and provide
written consumer educational information that includes:
(1) details on the restrictions under section 51 of this chapter
on the use of fertilizer containing phosphorus; and
(2) best practices for lawn care.
(b) In preparing the materials under subsection (a), the
distributors and commercial lawn care applicators shall:
(1) consult with the state chemist and other knowledgeable
(2) present the materials in a comprehensible and easy to
(c) The materials prepared under this section must be available
in retail locations for display and distribution to consumers where
fertilizer material is sold.