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2011 SESSION

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Senate Committee on Agriculture, Conservation and Natural Resources
Subcommittee Fertilizer

Northam (Chairman), Petersen, Marsden, Blevins

Clerk: Patty Lung, Ray Ferguson
Staff: Ellen Porter, Martin Farber
Date of Meeting: January 27, 2011
Time and Place: 3:00 P.M., 3rd Floor West Conference Room, G.A.B.
*** ROOM CHANGE ***

S.B. 922

Patron: McDougle

Fertilizer; regulation of application and labeling. Regulates several aspects relating to the application and use of fertilizer to lawns and turfs, including rules against applying fertilizers containing phosphorus or applying fertilizer when the ground is frozen, and the inclusion of a cautionary label on application and use. The prohibitions do not apply if: (i) the turf area is newly established or under repair; (ii) recent soil tests indicate the need for phosphorus fertilizer; (iii) the turf area is a golf course that has implemented a nutrient management plan; (iv) the area is a garden or greenhouse; or (v) the product being used is manipulated manure or yard waste compost. The bill also prohibits localities from regulating the use or application of fertilizers outside of any authority granted by the Stormwater Management Act. The Department of Conservation and Recreation is required to adopt regulations and operate a voluntary nutrient management training program to enable landowners and operators to prepare nutrient management plans for their own property. Golf course owners are specifically required to develop and implement nutrient management plans.

S.B. 990

Patron: Stuart

Virginia Department of Agriculture and Consumer Services; regulation of fertilizer. Revises the laws governing the manufacture and application of fertilizer to: (i) incorporate by reference the guidelines adopted by the Association of American Plant Food Control Officials, (ii) adopt generic precautionary labeling guidelines to prevent fertilizer runoff into the waterways, (iii) shift the permit year to begin on April 1 instead of July 1, (iv) require distributors of commercial fertilizer to submit an annual statistical report to the Commissioner regarding the amounts and localities of distributed product, (v) allow the Commissioner to issue written notices or warnings in lieu of instituting formal proceedings, (vi) authorize the Board to impose a civil penalty of up to $250 on anyone who violates a written stop sale, and (vii) allow the imposition of late fees for failing to renew a registration, license, or permit and for failing to obtain a registration, license, or permit after receiving notice of this requirement.

S.B. 1055

Patron: Stuart

Fertilizer and deicing agents; regulation of application; report.  Requires the Board of Agriculture and Consumer Services to adopt regulations (i) requiring professionals and public sector applicators of fertilizers to nonagricultural lands to become trained and certified in nutrient management and apply fertilizer in accordance with the principles thereof; (ii) prohibiting the application of phosphorus to turfgrass without a soil test; (iii) prohibiting the application of nutrients to impervious surfaces; and (iv) setting standards for soil analysis techniques, equipment calibration, and the timing of the application. Sellers and appliers of fertilizer shall be required to submit annual reports to the Commissioner of Agriculture and Consumer Services noting the amounts sold or applied by locality. Lawn and turf fertilizer bags will carry a statement cautioning against improper application. Effective July 1, 2012, and subject to exemptions for newly established turfgrass and gardens, no businesses shall sell (a) turf maintenance fertilizer containing phosphorus without point-of-sale limitations; (b) deicing agent containing urea; and (c) fertilizer without prominently displaying cautionary signage regarding excessive use. The Board of Agriculture and Consumer Services may impose a civil penalty of up to $250 for violations of these provisions. The Department of Agriculture and Consumer Services is requested to provide a report concerning the use of slowly-available nitrogen in fertilizer material to the legislative committees with subject matter jurisdiction over agriculture and the environment.

 

S.B. 1465

Patron: Whipple

Lawn fertilizer; regulation of application and labeling. Requires professional lawn fertilizer applicators to become certified in nutrient management and prohibits the application of lawn fertilizer to impervious surfaces and frozen ground. The use of lawn fertilizer containing phosphorus is restricted unless the lawn area is being established or repaired. Lawn fertilizer shall not be used within 15 feet of state waters, nor shall lawn fertilizer containing nitrogen be used at a rate more frequent or greater than prescribed by the label on the lawn fertilizer container. The sale of lawn fertilizer that contains more than zero percent phosphorus is restricted. The sale of lawn fertilizer containing no more than 0.7 pounds of water-soluble nitrogen and no more than 0.9 pounds of total nitrogen is prohibited, as is the sale of any deicing agent containing urea or other forms of nitrogen or phosphorus.