An Act To Clarify Maine's Fertilizer Quality Control Laws
Maine Legislature, Session 127, LD 0938
Committee: Agriculture, Conservation and Forestry
Sponsors: SAVIELLO, HICKMAN, BLACK, DUNPHY, MAREAN, NOON
Amends: 7 MRSA §742, 7 MRSA §743-A, 7 MRSA §745, 7 MRSA §751

Legislative Document 
No. 938 
S.P. 329 
In Senate, March 17, 2015 
An Act To Clarify Maine's Fertilizer Quality Control Laws 
Submitted by the Department of Agriculture, Conservation and Forestry pursuant to Joint 
Rule 204. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Cosponsored by Representative HICKMAN of Winthrop and 
Representatives: BLACK of Wilton, DUNPHY of Old Town, MAREAN of Hollis, NOON of 
Sanford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §742, sub-§9, ¶A, as amended by PL 2007, c. 147, §2, is further 
amended to read: 
A.  "Guaranteed analysis" shall mean means the minimum percentage of plant 
nutrients claimed in the following order and form: 
Total Nitrogen (N) ................ per cent % 
Available Phosphoric Acid Phosphate (P2O5)......................... per cent % 
Soluble Potash (K2O) ............ per cent %; and 
Sec. 2.  7 MRSA §743-A, sub-§1, as amended by PL 2011, c. 607, §1, is further 
amended to read: 
1.  Registrants required to report.  On or before September 1st 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 1st of that year.  A fee of $1 50 cents per 
ton sold during the 12 months preceding July 1st of that year must accompany the form. 
Sec. 3.  7 MRSA §743-A, sub-§3, as enacted by PL 2009, c. 393, §3, is amended 
to read: 
3.  Commissioner's report.  The commissioner or the commissioner's agent may 
publish and distribute annually, to each registrant and other interested persons, a report 
showing the total tons of commercial fertilizer and the total tons by grade sold in the 
State. 
Sec. 4.  7 MRSA §745, first ¶, as amended by PL 2007, c. 147, §4, is further 
amended to read: 
The commissioner shall inspect and sample for analysis in accordance with section 
commercial fertilizers distributed within this State to the extent the commissioner 
considers necessary to determine compliance with this subchapter.  The commissioner or 
the commissioner's agent 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. 
Sec. 5.  7 MRSA §751, sub-§3, as enacted by PL 2007, c. 147, §8, is amended to 
read: 
3.  Determination of commercial value.  For the purpose of determining the 
commercial value of fertilizer to be applied in determining assessment under this section, 
the commissioner shall use the amount originally invoiced to the consumer determine and 
publish annually the values per unit of total nitrogen, available phosphate, and soluble 
potash or other nutrients that the registrant is required to or may guarantee in fertilizers in 
this State.  The values derived from the invoice so determined and published must be 
used in determining the assessment and assessing penalty payments. 
SUMMARY 
This bill reduces by half, from $1 to 50 cents per ton, the fees collected by the 
Department of Agriculture, Conservation and Forestry on commercial fertilizer sold in 
the State.  It also simplifies and clarifies the restitution process whereby farmers are 
compensated for deficient fertilizer products.