SB 1522

Bill Subjects

Abstract

Existing law generally regulates fertilizing materials, as defined, and provides for the licensure of individuals who manufacture or distribute fertilizing materials. For purposes of these provisions, existing law defines "fertilizing materials" to mean any commercial fertilizer, agricultural mineral, auxiliary soil and plant substance, organic input material, or packaged soil amendment. This bill would revise the definition of fertilizing materials to instead mean any commercial fertilizer, agricultural mineral, beneficial substance, or organic input material. The bill would also define the term "beneficial substance" for these purposes. Existing law requires that each differing label, other than weight or package size, as described, for specialty fertilizer, packaged agricultural mineral, auxiliary soil and plant substance, organic input material, and packaged soil amendment be registered. Existing law requires that registrations be valid for 2 years and requires the registration fee to not exceed $200 per product, except for the registration fee for organic input material, which may not exceed $500. This bill would eliminate the label registration requirement for auxiliary soil and plant substances and packaged soil amendments and would apply that requirement to beneficial substances. The bill would require registrations to be valid for up to 4 years and would increase the general registration fee to a maximum of $400 and the organic input registration fee to a maximum of $1,000. The bill would also exclude certain substances from the registration requirement if distributed in bulk quantities. The bill would require the department to refuse to issue a license or label registration, or both, if the person has a fine, fee, assessment, or penalty levied by the department for a violation of the provisions regulating fertilizing materials that remains unpaid after a specified time period, and until that fine, fee, assessment, or penalty is paid in full. The bill would require the department to adopt regulations that establish procedures for a written appeals process for a person who wishes to contest the department's refusal to issue a license or registration, or both, as specified. Existing law requires a licensee whose name appears on the label who sells or distributes bulk fertilizing materials to unlicensed purchasers to pay to the secretary an assessment not to exceed $0.002 per dollar of sales and authorizes the secretary to reduce the assessment to a lower rate that provides sufficient revenue to carry out these provisions. This bill would authorize the secretary to set the mill assessment rate, subject to a specified limit, and exempt the setting of the mill assessment rate from specified laws relating to administrative regulations and rulemaking. Existing law requires a tonnage report to be submitted to the secretary semiannually no later than January 31 and July 31 of each year, and requires the secretary to impose a penalty of $200 on any person who fails to submit a report on or before the due dates. This bill would instead require the tonnage report to be submitted semiannually as specified by regulation and would instead require the secretary to impose a late fee of $200. The bill would require, if a person has obtained multiple fertilizing materials licenses and the reports are submitted after the required dates, the late fee to be limited to one $200 late fee per person. This bill would also make conforming, clarifying, and technical changes.