An Act To Clarify Maine's Fertilizer Quality Control Laws
Maine Legislature, Session 127, LD 0938
Committee Amendment CA_A_S181 (Senate)
Amends: 7 MRSA §743-A

COMMITTEE AMENDMENT" R " to S.P. 329, L.D. 938, Bill, "An Act To Clarify 
Maine's Fertilizer Quality Control Laws" 
Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. 7 MRS A §743, as amended by PL 2005, c. 12, Pt. EEE, §1, is further 
amended to read: 
§743. Registration 
Each brand and grade of commercial fertilizer must be registered before being 
offered for sale, sold or distributed in this State. The application for registration must be 
submitted to the commissioner on forms furnished by the commissioner and must be 
accompanied by an annual fee of $+00 $125 per product. All registrations expire on 
December 31 st or in a manner consistent with the provisions as to license expiration of 
the Maine Administrative Procedure Act, Title 5, section 10002, whichever is later. The 
commissioner may issue a registration for a one-year, 2-year or 3-year period. 
Registrations for a period in excess of one year may only be issued with the agreement of 
or at the request of the applicant. The fee for a 2-year registration is 2 times the annual 
fee. The fee for a 3-year registration is 3 times the annual fee. The commissioner may 
refuse to register or renew or may suspend or cancel registration for failure to comply 
with this subchapter or with rules adopted pursuant to this subchapter. This refusal, 
suspension or cancellation is considered rulemaking as that term is defined in the Maine 
Administrative Procedure Act, Title 5, chapter 375 and notice and opportunity for a 
hearing must be provided in a manner consistent with the Maine Administrative 
Procedure Act, Title 5, chapter 375. 
The application must include the following 
information: 
1. Weight. The net weight; 
2. Brand and grade. The brand and grade; 
3. Analysis. The guaranteed analysis; 
4. Registrant's name and address. The name and address of the registrant; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A ;, to S.P. 329, L.D. 938 
5. Additional information. Additional information as required in rules adopted by 
the department. 
The fees so Of the fee collected by the commissioner sfla.l.l. under this section, $100 
must be deposited in the General Fund and $25 must be deposited in a dedicated, 
nonlapsing account established under section 765, subsection 2 and used for the purpose 
of administering and enforcing this subchapter and subchapter 5-A. 
A distributor 6haR i§ not ge required to register any brand and grade of commercial 
fertilizer whieh that is already registered under this subchapter by another person. 
The plant nutrient content of each and every brand and grade of commercial fertilizer 
must remain uniform for the period of registration. 
The commissioner shall review annually the fertilizer inspection and sampling 
program established under this subchapter and report findings and any recommendations 
for changes to the program by February 1st annually to the joint standing committee of 
the Legislature having jurisdiction over agricultural matters, which after receiving the 
report may report out a bill to the Legislature to make adjustments to the program. 
Sec. 3. 7 MRS A §743-A, sub-§l, as amended by PL 2011, c. 607, §1, is further 
amended to read: 
1. Registrants required to report. On or before September 1 st of each year, a 
registrant shall file with the commissioner, on a form prescribed by the commissioner, the 
number of tons of each brand and grade of commercial fertilizer sold by the registrant in 
the State during the 12 months preceding July 1 st of that year. A fee of $1 per ton sold 
during the 12 months preceding July 1 st of that year must accompany the form. 
Sec. 4. 7 MRSA §743-A, sub-§2, as enacted by PL 2009, c. 393, §3, is repealed.' 
Amend the bill by inserting after section 5 the following: 
'Sec. 6. 7 MRS A §765, sub-§2, as amended by PL 2009, c. 393, §4, is further 
amended to read: 
2. 
Fees; nonlapsing fund. 
The commissioner shall collect all fees under this 
subchapter and section ~ 
and deposit them with the Treasurer of State in a 
separate account to be used for carrying out this subchapter and subchapter 5, including 
the cost of inspection, sampling and analysis of commercial fertilizers and agricultural 
liming materials. These funds do not lapse, but remain in a carry-over account. 
Sec. 7. 7 MRS A §766, sub-§l, as amended by PL 2011, c. 607, §2, is further 
amended to read: 
1. By registrants. On or before September 1st in each year each registrant shall file 
with the commissioner, on forms prescribed by the commissioner, the number of tons of 
each agricultural liming material sold during the 12 months preceding July 1 st of that 
year. A fee of $1 per ton sold during the 12 months preceding July 1 st of that yoar must 
accompany tho ferm.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 329, L.D. 938 
SUMMARY 
This unanimous committee amendment eliminates the per ton fees collected by the 
Department of Agriculture, Conservation and Forestry on agricultural liming materials 
and on commercial fertilizer sold in the State, increases the per product commercial 
fertilizer registration fee by $25, directs the increase to a separate account to be used for 
carrying out the Maine Commercial Fertilizer Law and the Maine Agricultural Liming 
Materials Act and requires the submission of an annual report to the joint standing 
committee of the Legislature having jurisdiction over agricultural matters, which is 
authorized to report out a bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revenue 
Approved: 05/31115 
.:J!;?ae 
LD938 
LR 438(02) 
An Act To Clarify Maine's Fertilizer Quality Control Laws 
Fiscal Note for Bill as Amended by Committee Amendment "'A'( S -I ~ I) 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2015-16 
FY 2016-17 
Projections 
FY 2017-18 
Projections 
FY 2018-19 
Other Special Revenue Funds 
($7,797) 
($7,797) 
($7,797) 
($7,797) 
Fiscal Detail and Notes 
The bill eliminates the $1 per ton fee on both commercial fertilizer and agricultural liming material. This bill increases 
the registration fee on commercial fertilizer from $100 to $125. Altering these fees is expected to result in an 
estimated Other Special Revenue Funds revenue loss of $7,797 in fiscal year 2015-16 and in every subsequent fiscal 
year. 
LR0438(02) - Fiscal Note - Page 1 of 1