TITLE: Relating to the applicability of commercial fertilizer regulations to a substance containing animal manure or plant remains.

SUMMARY: Relating to the applicability of commercial fertilizer regulations to a substance containing animal manure or plant remains.

FULL TEXT:
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.