CHAPTER 5. Fertilizing Materials [14501. - 14682.]
Chapter 5 repealed and added by Stats. 1990, Ch. 504, Sec. 2.
§§ 14501–14682 · 113 sections
ARTICLE 1. General Provisions §§ 14501–14505 · 6 sections
- § 14501 The Legislature finds and declares that it is the intent of this chapter to do all of the following: (a) To promote the distribution of effective and safe…
- § 14502 The secretary shall enforce this chapter and adopt and enforce regulations relating to the manufacture, guaranteeing, labeling, and distribution of, the manner…
- § 14502.1 The secretary shall notify every licensee that manufactures, distributes, or sells ammonium nitrate, as defined in Section 14512.5, of their duty to maintain…
- § 14503 Any money which is received by the director pursuant to this chapter shall be paid into the State Treasury to the credit of the Department of Food and…
- § 14504 The secretary shall prepare an annual statement of the operating expenditures and revenue related to this chapter which shall be presented to the board for…
- § 14505 Agricultural products derived from municipal sewage sludge shall be regulated as a fertilizing material pursuant to this chapter, and when used in general…
ARTICLE 2. Definitions §§ 14511–14564 · 58 sections
- § 14511 “Agricultural liming materials” are agricultural minerals composed of calcium or magnesium compounds, or both, which are capable of neutralizing soil acidity…
- § 14512 “Agricultural mineral” means any substance with nitrogen (N), available phosphoric acid (P2O5), and soluble potash (K2O), singly or in combination, in amounts…
- § 14512.5 “Ammonium nitrate” means solid ammonium nitrate that is chiefly the ammonium salt of nitric acid, contains not less than 33 percent of nitrogen, one-half of…
- § 14513 “Beneficial substance” means any substance or compound, other than primary plant nutrients, secondary plant nutrients, and micronutrients, and excluding…
- § 14513.5 “Biochar” means materials derived from thermochemical conversion of biomass in an oxygen-limited environment containing at least 60 percent carbon.
- § 14514 “Biotics” means all materials for which claims are made relating to organisms, enzymes, or organism by-products.
- § 14515 “Board” means the Fertilizer Inspection Advisory Board.
- § 14516 “Brand” means any term, design, or trademark used in connection with a fertilizing material product.
- § 14517 “Bulk material” means fertilizing materials distributed in nonpackaged form or in a container containing more than 50 kilograms or 110 pounds.
- § 14518 “Business location” means any place where fertilizing materials are sold or stored for later sale, except storage of package materials on premises operated…
- § 14519 “Captured dilute solutions” means solutions that contain low levels of plant nutrients as a result of equipment rinsing and runoff.
- § 14520 “Chelates” means compounds, usually organic, which can combine with a metal ion and form a ring structure between a portion of the chelating agent molecule and…
- § 14521 “Chelated plant nutrients” means compounds of metallic secondary nutrients and micronutrients with organic chelating agents which have the property of being…
- § 14522 “Commercial fertilizer” means any substance which contains 5 percent or more of nitrogen (N), available phosphoric acid (P2O5), or soluble potash (K2O), singly…
- § 14523 “Common carrier” means a company licensed with the Public Utilities Commission that hauls for hire.
- § 14524 “Complex” means bonding which includes both of the following: (a) “Natural organic complexes” means organic by-products of the wood pulp and other industries,…
- § 14525 “Compost” means a biologically stable material derived from the composting process.
- § 14526 “Composting” means the biological decomposition of organic matter which inhibits pathogens, viable weed seeds, and odors. “Composting” may be accomplished by…
- § 14527 “Derivation statement” means the sources of all guaranteed primary nutrients or secondary nutrients, or both, and micronutrients.
- § 14528 “Discontinued manufacturing” means a beneficial substance, packaged agricultural mineral, organic input material, and specialty fertilizer that is no longer…
- § 14529 “Distribute” means to sell, offer, expose for sale, exchange, barter, or otherwise supply products for use in, or shipment within or into, this state.
- § 14530 “Distributor” means any person who imports or consigns a fertilizing material or who offers for sale, sells, barters, or othewise supplies this product for use…
- § 14531 “Experimental use” means any application of a fertilizing material which is not offered for sale, has no commercial value, and is for the sole purpose of…
- § 14532 “Farm use” means that the fertilizing material is used primarily for application to crops produced for commercial value.
- § 14533 “Fertilizing material” means any commercial fertilizer, agricultural mineral, beneficial substance, or organic input material.
- § 14534 “Fish emulsion” means fertilizing material from which the guaranteed nutrients are derived primarily from fish, which contains a minimum of 40 percent total…
- § 14535 “Grade” means the percentage of total nitrogen, available phosphoric acid, and soluble potash stated in the same terms, order, and percentage as the guaranteed…
- § 14536 “Guaranteed analysis” means the minimum percentage of primary or secondary plant nutrients or micronutrients, or both, claimed.
- § 14537 (a) “Gypsum” means calcium sulfate dihydrate, a mineral used in the fertilizer industry as a source of calcium and sulfur which is also known as landplaster.…
- § 14538 “Hydroponics” means a system in which water soluble primary or secondary plant nutrients or micronutrients, or combination thereof, are placed in intimate…
- § 14539 “Investigational allowance” means an allowance for variation inherent in the taking, preparation, and analysis of an official sample of fertilizing materials.
- § 14540 “Label” means the display of all written, printed, or graphic matter on the immediate container of, or a statement, including the guaranteed analysis,…
- § 14541 “Label guarantor” means the manufacturer’s or person’s name appearing on the label of a fertilizing material.
- § 14542 “Labeling” means all written, printed, or graphic matter on, accompanying, or used in promoting the sale of any fertilizing material, including advertisements,…
- § 14543 “Licensee” means a person who has obtained a license pursuant to this chapter.
- § 14544 “Manufacturer” means a person who produces, sells, or distributes a fertilizing material in this state that bears their company name on the label and is the…
- § 14545 “Manure” means any substances composed primarily of animal excrement, plant remains, or mixtures of those substances.
- § 14546 “Micronutrients” means boron, chlorine, cobalt, copper, iron, manganese, molybdenum, sodium, or zinc, alone or in any combination.
- § 14547 “Mixed fertilizer” is a commercial fertilizer containing any combination or mixture of fertilizing materials.
- § 14548 “Natural organic fertilizer” means materials derived from either plant or animal products containing one or more nutrients other than carbon, hydrogen, and…
- § 14549 “Noncommercial use” means materials used primarily for application to lawns, shrubbery, flowers, trees, or where there is no crop for commercial value or…
- § 14550 “Official sample” means any sample of fertilizing material taken by an agent of the department and designated as “official” by the department.
- § 14550.5 “Organic input material” means any bulk or packaged commercial fertilizer, agricultural mineral, beneficial substance, or specialty fertilizer, excluding…
- § 14551 “Packaged” means a fertilizing material distributed in packaged form or in a container containing equal to or less than 50 kilograms or 110 pounds.
- § 14553 “Percent or percentage” means percentage by weight.
- § 14554 “Person” means individual, partnership, association, firm, limited liability company, or corporation who assumes responsibility for the product.
- § 14555 “Plant” means any business location where fertilizing materials are manufactured, sold, or stored for later sale, except storage of packaged materials on…
- § 14555.5 “Plant biostimulant” means a substance or microorganism, or mixtures thereof, that, when applied to seeds, plants, the rhizosphere, soil, or other growth…
- § 14556 “Primary plant nutrient” means nitrogen (N), available phosphoric acid (P2O5), or soluble potash (K2O).
- § 14557 “Provisional registration” means that under certain circumstances, a label for renewal on a beneficial substance, packaged agricultural mineral, organic input…
- § 14558 “Registrant” means any person who has registered a packaged agricultural mineral, beneficial substance, organic input material, or specialty fertilizer.
- § 14559 “Secondary plant nutrient” means calcium, magnesium, or sulfur, alone or in any combination.
- § 14559.5 “Secretary” means the Secretary of Food and Agriculture.
- § 14560 “Sewage sludge” means the solid material resulting from the treatment of waste water of residential or municipal sewage systems.
- § 14561 “Soil conditioners” means polyelectrolytes, such as complex vinyl and acrylic compounds and certain cellulose and lignin derivatives, which tend to agglomerate…
- § 14562 “Soilless growing medium” means a medium of an inorganic substance, such as sand or gravel, or in a soilless organic material such as sphagnum peat or pine…
- § 14563 “Specialty fertilizer” means packaged commercial fertilizer labeled for home gardens, lawns, shrubbery, flowers, and other similar noncommercial uses. These…
- § 14564 “Ton” means a net weight of 2,000 pounds avoirdupois.
ARTICLE 3. Fertilizer Inspection Advisory Board §§ 14581–14586 · 7 sections
- § 14581 There is, in the department, a Fertilizer Inspection Advisory Board consisting of nine persons appointed by the secretary, eight of whom shall be licensed…
- § 14582 The term of office of a member of the board is three years. The initial board shall consist of, three members appointed for a term of three years, three…
- § 14583 The board shall be advisory to the secretary and may make recommendations on all matters pertaining to this chapter, including, but not limited to, the…
- § 14583.5 (a) The secretary, by January 1, 2012, and in consultation with the board, shall review the definition of organic input materials in Section 14550.5 and…
- § 14584 The board shall elect a chairperson and other officers as it deems advisable.
- § 14585 The board shall meet at the call of the chairperson or the secretary, or at the request of any five members of the board. The board shall meet at least once a…
- § 14586 The secretary shall accept the recommendations of the advisory board pertaining to subdivision (b) of Section 14611 if he or she finds them to be practicable…
ARTICLE 4. Licensing §§ 14591–14593 · 3 sections
- § 14591 (a) Every person who manufactures or distributes fertilizing materials shall, before engaging in the activity, obtain a license from the secretary for each…
- § 14592 A violation of this article is an infraction punishable by a fine of not more than five hundred dollars ($500). A second or subsequent violation of this…
- § 14593 The license shall expire on December 31, of an even-numbered year. Each application for renewal shall be accompanied by a fee not to exceed two hundred dollars…
ARTICLE 5. Registration §§ 14601–14604 · 4 sections
- § 14601 (a) Each differing label, other than weight or package size, such as changes in the guaranteed analysis, derivation statement, or anything that implies a…
- § 14602 A violation of this article is an infraction punishable by a fine of not more than five hundred dollars ($500). A second or subsequent violation of this…
- § 14603 Each application for renewal shall be accompanied by a fee not to exceed four hundred dollars ($400) for each product label or one thousand dollars ($1,000)…
- § 14604 The secretary may grant a provisional registration for a period not exceeding six months for a registered product undergoing renewal. All fees shall be paid…
ARTICLE 6. Inspection Fees §§ 14611–14613 · 4 sections
- § 14611 (a) (1) A licensee whose name appears on the label who sells or distributes bulk fertilizing materials, as defined in Sections 14517 and 14533, to unlicensed…
- § 14612 Each licensee shall maintain in this state, or with the secretary’s permission, at another location, an accurate record of all transactions subject to…
- § 14612.5 (a) Every licensee that manufactures, distributes, or sells ammonium nitrate, as defined in Section 14512.5, shall maintain in this state, or with the…
- § 14613 The payment required by Section 14611, together with a form containing information prescribed by the secretary, shall be made quarterly within one calendar…
ARTICLE 7. Tonnage Reports §§ 14621–14623 · 3 sections
- § 14621 The last licensee selling or distributing fertilizing material shall submit a tonnage report, on a form or a computer printout format approved by the…
- § 14622 (a) The secretary shall publish, at least annually, a tonnage report. The secretary shall distribute the report and may charge a fee to cover the actual cost…
- § 14623 The tonnage report shall be submitted to the secretary semiannually as specified by regulation. The secretary shall impose a late fee in the amount of two…
ARTICLE 8. Labels § 14631 · 1 section
- § 14631 Every lot, parcel, or package of fertilizing material distributed into or within this state shall have attached to it, or the shipment shall be physically…
ARTICLE 9. Inspection, Sampling, and Analysis §§ 14641–14648 · 8 sections
- § 14641 The secretary shall have free access at reasonable times to all records, premises, production processes, or conveyances that are used in the manufacture,…
- § 14642 The secretary shall, at the times and to the extent necessary for the enforcement of this chapter, do all of the following: (a) Take samples of any substance.…
- § 14643 In determining the percentage of component parts of any substance for the purpose of proper labeling, registration, or determining compliance with…
- § 14644 The secretary shall publish, at least annually, the results of examinations or chemical analyses of official samples of commercial fertilizer and agricultural…
- § 14645 The secretary may take a sample for analysis from any lot of fertilizing material which is in the possession of any producer, manufacturer, importer, agent,…
- § 14646 The secretary shall establish sampling procedures by regulation.
- § 14647 Upon the analysis of a sample of fertilizing material, the secretary shall issue a report showing the findings and indicating that the product has met the…
- § 14648 In any action, civil or criminal, in any court in this state, a laboratory report from the secretary which states the results of any analysis, reported to be…
ARTICLE 10. Violations §§ 14649–14661 · 15 sections
- § 14649 (a) It is unlawful for the owner of a plant, crop, or commodity to knowingly treat or apply to that plant, crop, or commodity, or cause that plant, crop, or…
- § 14650 (a) Any person who is licensed pursuant to this code and who is found by a court to have knowingly sold, applied, or provided fertilizers that were stolen or…
- § 14651 (a) Unless otherwise specified in this chapter, any violation of this chapter, or the regulations adopted pursuant to this chapter, is a misdemeanor,…
- § 14651.5 (a) The department shall levy an administrative penalty against a person who violates this chapter in an amount of not more than five thousand dollars ($5,000)…
- § 14651.7 (a) Notwithstanding any other provision of this chapter, the department shall refuse to issue a license pursuant to Article 4 (commencing with Section 14591),…
- § 14652 (a) It is unlawful for any person to manufacture or distribute in this state any fertilizing material without complying with this chapter or the regulations…
- § 14653 The secretary may seize and hold any lot of fertilizing material which he or she has reasonable cause to believe is in violation of this chapter or the…
- § 14654 If the secretary seizes any lot of fertilizing material, he or she shall immediately issue a hold order to the person that has control of that material. The…
- § 14655 (a) Any lot of fertilizing material for which a hold order or notice is issued shall be held by the person having control of the material and shall not be…
- § 14656 Upon demand of the person who has control of the seized fertilizing material, and within 10 days of sampling by the secretary, a subsample shall be returned…
- § 14657 If the seized and held lot, as determined by the secretary’s analysis, is not in violation of this chapter, the secretary shall immediately release the seized…
- § 14658 If the seized and held lot is found to be in violation of this chapter, the secretary shall take either of the following actions: (a) Continue to hold the lot…
- § 14659 The person who has control of a seized or held lot that is found to be in violation of this chapter may appeal the result of the analysis to the secretary, in…
- § 14660 The authority for the issuance of citations is limited to the violations of Sections 14591, 14601, 14631, 14651, and 14655. The secretary shall adopt…
- § 14661 (a) The department shall be entitled to receive reimbursement from any person who is found in violation of this chapter for any reasonable attorney’s fees and…
ARTICLE 11. Procedure for Prosecution §§ 14671–14672 · 2 sections
- § 14671 In addition to the remedies provided in this chapter, the department may bring an action in superior court and the court may grant a temporary or permanent…
- § 14672 Nothing in this chapter requires the secretary to report for prosecution or to institute injunctive proceedings for any minor violation of this chapter…
ARTICLE 12. Misbranding and Adulteration §§ 14681–14682 · 2 sections
- § 14681 No person shall distribute misbranded fertilizing materials. A fertilizing material shall be deemed to be misbranded under any of the following conditions: (a)…
- § 14682 No person shall distribute an adulterated fertilizing material. A fertilizing material shall be deemed to be adulterated under any of the following conditions:…