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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of commercial fertilizer regulations |
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to a substance containing animal manure or plant remains. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 63.001(8), (11), (12), and (16), |
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Agriculture Code, |
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are amended to read as follows: |
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(8) "Fertilizer material" means a solid or nonsolid |
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substance or compound that contains an essential plant nutrient |
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element in a form available to plants and is used primarily for its |
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essential plant nutrient element content in promoting or |
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stimulating growth of a plant or improving the quality of a crop or |
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for compounding a mixed fertilizer. The term does not include [the
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excreta of an] animal manure, plant remains, or a mixture of those |
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substances, for which no specific nutrient analysis claim indicates |
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guaranteed nutrient levels [claim of essential plant nutrients is
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made]. |
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(11) "Mixed fertilizer" means a solid or nonsolid |
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product that results from the combination, mixture, or simultaneous |
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application of two or more fertilizer materials by a manufacturer, |
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processor, mixer, or contractor. The term may include a specialty |
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fertilizer or manipulated manure, but does not include [the excreta
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of an] animal manure, plant remains, or a mixture of those |
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substances, for which no specific nutrient analysis claim indicates |
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guaranteed nutrient levels [claim of essential plant nutrients is
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made]. |
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(12) "Manipulated manure" means a substance composed |
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of [the excreta of an] animal manure, plant remains, or a mixture of |
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those substances, for which a specific nutrient analysis claim |
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indicates guaranteed nutrient levels [of essential plant nutrients
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is made]. |
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(16) "Specialty fertilizer" means a fertilizer |
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distributed primarily for nonfarm use, including use on or in home |
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gardens, lawns, shrubbery, flowers, golf courses, municipal parks, |
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cemeteries, greenhouses, or nurseries. The term does not include |
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[the excreta of an] animal manure, plant remains, or a mixture of |
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those substances, for which no specific nutrient analysis claim |
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indicates guaranteed nutrient levels [claim of essential plant
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nutrients is made]. |
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SECTION 2. Section 63.002(c), Agriculture Code, is amended |
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to read as follows: |
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(c) Animal manure [The excreta of an animal], plant remains, |
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or mixtures of those substances[,] are not commercial fertilizers |
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subject to this chapter if no specific nutrient analysis claim |
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indicates guaranteed nutrient levels [claim of essential plant
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nutrients is made]. |
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SECTION 3. This Act takes effect September 1, 2011. |