By McClendon H.B. No. 131
76R447 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of harmful materials in commercial
1-3 fertilizers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 63.004, Agriculture Code, is amended to
1-6 read as follows:
1-7 Sec. 63.004. RULES; STANDARDS. (a) Following a public
1-8 hearing, the service may adopt rules relating to the distribution
1-9 of commercial fertilizers that the service finds necessary to carry
1-10 into full effect the intent and meaning of this chapter, including
1-11 rules defining and establishing standards for commercial
1-12 fertilizer. To the extent practicable, rules that define and
1-13 establish standards for commercial fertilizer shall be in harmony
1-14 with the official standards of the Association of American Plant
1-15 Food Control Officials.
1-16 (b) The service shall adopt rules relating to the inclusion
1-17 of toxic heavy metals, toxic chemicals, and radioactive and
1-18 industrial wastes in commercial fertilizers distributed in this
1-19 state. The service may prohibit the inclusion of such materials in
1-20 commercial fertilizers distributed in this state if necessary to
1-21 protect crops, livestock, or public health.
1-22 SECTION 2. Section 63.051(a), Agriculture Code, is amended
1-23 to read as follows:
1-24 (a) Except as provided by Subsection (d) of this section,
2-1 each container of commercial fertilizer distributed in this state,
2-2 other than customer-formula fertilizer, must have a label with the
2-3 following information:
2-4 (1) the name and principal address of the person
2-5 responsible for manufacture and distribution;
2-6 (2) the brand, grade, and name under which the
2-7 fertilizer is to be distributed;
2-8 (3) the net weight of the fertilizer in the container;
2-9 (4) the guaranteed analysis of the plant nutrients in
2-10 the fertilizer, listing the minimum percentages of primary,
2-11 secondary, and micro plant nutrients, and other additives, in
2-12 accordance with rules of the service; and
2-13 (5) other information that the service may by rule
2-14 prescribe, including, if applicable, information about the
2-15 inclusion in the fertilizer of toxic heavy metals, toxic chemicals,
2-16 or radioactive or industrial wastes in accordance with rules
2-17 adopted under Section 63.004(b).
2-18 SECTION 3. (a) Not later than January 1, 2000, the Texas
2-19 Feed and Fertilizer Control Service shall adopt the rules required
2-20 by Section 63.004(b), Agriculture Code, as added by this Act.
2-21 (b) The change in law made by Section 2 of this Act applies
2-22 only to labelling that occurs on or after the effective date of
2-23 rules adopted under Section 63.004(b), Agriculture Code, as added
2-24 by this Act. Labelling that occurs before the effective date of
2-25 those rules is governed by the law in effect at the time of the
2-26 labelling, and the former law is continued in effect for that
2-27 purpose.
3-1 SECTION 4. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended,
3-6 and that this Act take effect and be in force from and after its
3-7 passage, and it is so enacted.