Introduced Version






HOUSE BILL No. 1032

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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.





Dodge




    January 9, 2012, read first time and referred to Committee on Natural Resources.







Introduced

Second Regular Session 117th General Assembly (2012)


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 this style type.
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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 organizations; and
        (2) present the materials in a comprehensible and easy to understand format.
    (c) The materials prepared under this section must be available in retail locations for display and distribution to consumers where fertilizer material is sold.