An Act To Amend the Maine Commercial Fertilizer Law
Maine Legislature, Session 123, LD 1074
Committee: Agriculture, Conservation and Forestry
Sponsors: LUNDEEN, SHERMAN, MAREAN, PIEH, PIOTTI, NUTTING
Amends: 7 MRSA §742, 7 MRSA §744, 7 MRSA §745, 7 MRSA §747, 7 MRSA §750

Legislative Document 
No. 1074 
H.P.792 
House of Representatives, March 6, 2007 
An Act To Amend the Maine Commercial Fertilizer Law 
Submitted by the Department of Agriculture, Food and Rural Resources pursuant to Joint 
Rule 204. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative LUNDEEN of Mars Hill. 
Cosponsored by Senator SHERMAN of Aroostook and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: CRA Y of Palmyra, MAREAN of Hollis, PIEH of Bremen, PIOTTI of Unity, 
Senator: NUTTING of Androscoggin. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §742, sub-§l is repealed. 
Sec. 2. 7 MRSA §742, sub-§9, is amended to read: 
9. Guaranteed analysis. "Guaranteed analysis": 
A. 
"Guaranteed analysis" shall mean the minimum percentage of plant nutrients 
claimed in the following order and form: 
Total Nitrogen (N) ........................................................................ per cent 
Available Phosphoric Acid (P20 S) ................................................. per cent 
Soluble Potash (K20) ............................................................ per cent; and 
Magnesium (mg) ........................................................................... per cent 
B,. "Guaranteed analysis" in paragraph A includes: 
(1) For unacidulated mineral phosphatic materials and basic slag, both total and 
available phosphorus or phosphoric acid and the degree of fineness. For bone, 
tankage and other organic phosphatic materials, total phosphorus or phosphoric 
acid,; and 
(2) Additional plant nutrients expressed as the elements, when permitted by the 
commissioner. 
(3) 
Potential 8asicity or acidity eJrpressed in terms of calcium cam onate 
eEtUivalent in multiples of 100 pounds per ton, ",men pennitted 8)' regulation. 
(4) For agricultural lime the minimum percentages of total calcium and total 
magnesium, and for gypsum the minimum percentage of calcium and sulfur. 
Sec. 3. 7 MRSA §744 is amended to read: 
§744. Labeling 
Any commercial fertilizer distributed in this State in containers shaH must have 
placed on or affixed to the container a label setting forth in clearly legible form the 
information required by section 743, subsections 1 to -4-~. 
If distributed in bulk, a written or printed statement of the information required by 
section 743, subsections 1 to -4-~, shaH must accompany delivery and be supplied to the 
purchaser at time of delivery. 
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Sec. 4. 7 MRSA §745, as amended by PL 2005, c. 512, §42, is further amended to 
read: 
§745. Inspection, sampling and analysis 
The commissioner shall inspect and sample for analysis in accordance with section 
commercial fertilizers distributed within this State to the extent as the commissioner 
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deems considers necessary to determine compliance with this subchapter. 
The 
commissioner is authorized to enter upon any public or private premises during regular 
business hours in order to have access to commercial fertilizers, subject to this subchapter 
and the rules adopted pursuant to section 748. 
The methods of sampling, sample preparation and analysis are those adopted from 
sources such as the JOl:H'flal of the AssoeiatioH of Offieial AgrisHltural Chemists AOAC 
International. The commissioner, in determining for administrative purposes whether a 
commercial fertilizer is deficient in any component, is guided solely by the official 
sample as defined and obtained and analyzed as provided for in this section. 
When the inspection and analysis of an official sample indicate a commercial 
fertilizer has been adulterated or misbranded, the commissioner shall forward the results 
of the analysis to the distributor or manufacturer. Upon request within 30 days, the 
commissioner shall furnish to the registrant a portion of the sample concerned. 
Sec. 5. 7 MRSA §747, sub-§3 is amended to read: 
3. Other materials. If it is found to contain any pulverized leather, hair, ground 
hoofs, horns, wool waste, peat, garbage tankage or any nitrogenous ingredients derived 
from any inert material whatsoe'ler, unless the same has been so treated as to be available 
as plant food as determined by the methods adopted by the l\ssoeiatioH of Offieial 
AgrieultHral Chemists AOAC International, without an explicit printed statement of fact, 
conspicuously affixed to the package of SH6h the fertilizer and accompanying and going 
with every lot or package of the same, in which fertilizer the abo'l,'e Harned materials 
named in this subsection aid in making up the required or guaranteed analysis. 
Sec. 6. 7 MRSA §750, sub-§2, as enacted by PL 2003, c. 452, Pt. B, § 11 and 
affected by Pt. X, §2, is amended to read: 
2. Penalty. The following penalties apply to violations of this section. 
A. 
A person who violates subsection 1 commits a civil violation for which a fine of 
not more than $+00 $500 may be adjudged. 
B. 
A person who violates subsection 1 after having previously violated subsection 1 
commits a civil violation for which a fine of not more than ~ 
$1,000 may be 
adjudged. 
C. For a deficiency in total nitrogen, available phosphate and soluble potash, in 
addition to any fine under paragraph A or B, a penalty payment of 2 times the value 
of the deficiency or deficiencies must be assessed: 
(1) If the analysis shows that a fertilizer is deficient in one or more of its 
guaranteed primary plant nutrients beyond the investigational allowances as 
established by rule; or 
(2) If the overall index value of the fertilizer is below the level established by 
rule. 
When a fertilizer is subject to a penalty payment under both subparagraphs (1) and 
(2), the larger penalty payment applies. 
D. In addition to any fine under paragraph A or B, penalty payments for deficiencies 
beyond the investigational allowances as established by rule, other than those set 
forth in paragraph C, that the registrant is required to or may guarantee must be 
evaluated and prescribed by the commissioner. 
All penalty payments assessed under paragraphs C and D must be paid by the registrant 
to the consumer of the lot of fertilizer represented by the sample analyzed. Payments 
must be made within 30 days after the date of notice from the commissioner to the 
registrant. If the consumer cannot be found, the amount of the penalty payments is paid 
to the commissioner, who shall dgJosit the same in the appropriate state fund allocated 
for fertilizer. 
For the purpose of determining the commercial value of fertilizer, the commissioner shall 
use the amount originally invoiced to the consumer per unit of nitrogen, available 
phosphate, soluble potash or other micronutrients that the registrant is required to or may 
guarantee. 
The values derived from the invoice must be used in determining and 
assessing penalty payments. 
Rules adopted pursuant to paragraphs C and D are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill amends the Maine Commercial Fertilizer Law to conform to national 
standards, 
increases the civil penalties for civil violations and creates a system of 
restitution for payments to growers who do not receive the correct fertilizer formulation. 
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