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.