| |
| |
| |
|
|
AN ACT
|
|
|
relating to the applicability of commercial fertilizer regulations |
|
|
to a substance containing animal manure or plant remains. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 63.001(8), (11), (12), and (16), |
|
|
Agriculture Code, are amended to read as follows: |
|
|
(8) "Fertilizer material" means a solid or nonsolid |
|
|
substance or compound that contains an essential plant nutrient |
|
|
element in a form available to plants and is used primarily for its |
|
|
essential plant nutrient element content in promoting or |
|
|
stimulating growth of a plant or improving the quality of a crop or |
|
|
for compounding a mixed fertilizer. The term does not include [the
|
|
|
excreta of an] animal manure, plant remains, or a mixture of those |
|
|
substances, for which no specific nutrient analysis claim indicates |
|
|
guaranteed nutrient levels [claim of essential plant nutrients is
|
|
|
made]. |
|
|
(11) "Mixed fertilizer" means a solid or nonsolid |
|
|
product that results from the combination, mixture, or simultaneous |
|
|
application of two or more fertilizer materials by a manufacturer, |
|
|
processor, mixer, or contractor. The term may include a specialty |
|
|
fertilizer or manipulated manure, but does not include [the excreta
|
|
|
of an] animal manure, plant remains, or a mixture of those |
|
|
substances, for which no specific nutrient analysis claim indicates |
|
|
guaranteed nutrient levels [claim of essential plant nutrients is
|
|
|
made]. |
|
|
(12) "Manipulated manure" means a substance composed |
|
|
of [the excreta of an] animal manure, plant remains, or a mixture of |
|
|
those substances, for which a specific nutrient analysis claim |
|
|
indicates guaranteed nutrient levels [of essential plant nutrients
|
|
|
is made]. |
|
|
(16) "Specialty fertilizer" means a fertilizer |
|
|
distributed primarily for nonfarm use, including use on or in home |
|
|
gardens, lawns, shrubbery, flowers, golf courses, municipal parks, |
|
|
cemeteries, greenhouses, or nurseries. The term does not include |
|
|
[the excreta of an] animal manure, plant remains, or a mixture of |
|
|
those substances, for which no specific nutrient analysis claim |
|
|
indicates guaranteed nutrient levels [claim of essential plant
|
|
|
nutrients is made]. |
|
|
SECTION 2. Section 63.002(c), Agriculture Code, is amended |
|
|
to read as follows: |
|
|
(c) Animal manure [The excreta of an animal], plant remains, |
|
|
or mixtures of those substances[,] are not commercial fertilizers |
|
|
subject to this chapter if no specific nutrient analysis claim |
|
|
indicates guaranteed nutrient levels [claim of essential plant
|
|
|
nutrients is made]. |
|
|
SECTION 3. Subchapter A, Chapter 63, Agriculture Code, is |
|
|
amended by adding Section 63.0025 to read as follows: |
|
|
Sec. 63.0025. CERTAIN ANALYSES NOT GUARANTEE OF NUTRIENT |
|
|
LEVELS. A representative laboratory analysis conducted for |
|
|
purposes of fulfilling a requirement established by a federal |
|
|
agency or a state agency other than the department may not: |
|
|
(1) be considered a guarantee of nutrient levels for: |
|
|
(A) fertilizer material; |
|
|
(B) mixed fertilizer; |
|
|
(C) manipulated manure; or |
|
|
(D) specialty fertilizer; or |
|
|
(2) be used to determine whether animal manure, plant |
|
|
remains, or mixtures of those substances are commercial fertilizers |
|
|
under Section 63.002(c). |
|
|
SECTION 4. This Act takes effect September 1, 2011. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 1969 was passed by the House on May |
|
|
13, 2011, by the following vote: Yeas 132, Nays 12, 1 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 1969 on May 25, 2011, by the following vote: Yeas 143, Nays 0, |
|
|
2 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 1969 was passed by the Senate, with |
|
|
amendments, on May 23, 2011, by the following vote: Yeas 30, Nays |
|
|
0 |
|
|
. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |