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.
 1-5           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.