By: Christian (Senate Sponsor - Nichols) H.B. No. 1969
(In the Senate - Received from the House May 16, 2011;
May 16, 2011, read first time and referred to Committee on
Agriculture and Rural Affairs; May 20, 2011, reported favorably by
the following vote: Yeas 3, Nays 0; May 20, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the applicability of commercial fertilizer regulations
to a substance containing animal manure or plant remains.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 63.001(8), (11), (12), and (16),
Agriculture Code, are amended to read as follows:
(8) "Fertilizer material" means a solid or nonsolid
substance or compound that contains an essential plant nutrient
element in a form available to plants and is used primarily for its
essential plant nutrient element content in promoting or
stimulating growth of a plant or improving the quality of a crop or
for compounding a mixed fertilizer. The term does not include [the
excreta of an] animal manure, plant remains, or a mixture of those
substances, for which no specific nutrient analysis claim indicates
guaranteed nutrient levels [claim of essential plant nutrients is
made].
(11) "Mixed fertilizer" means a solid or nonsolid
product that results from the combination, mixture, or simultaneous
application of two or more fertilizer materials by a manufacturer,
processor, mixer, or contractor. The term may include a specialty
fertilizer or manipulated manure, but does not include [the excreta
of an] animal manure, plant remains, or a mixture of those
substances, for which no specific nutrient analysis claim indicates
guaranteed nutrient levels [claim of essential plant nutrients is
made].
(12) "Manipulated manure" means a substance composed
of [the excreta of an] animal manure, plant remains, or a mixture of
those substances, for which a specific nutrient analysis claim
indicates guaranteed nutrient levels [of essential plant nutrients
is made].
(16) "Specialty fertilizer" means a fertilizer
distributed primarily for nonfarm use, including use on or in home
gardens, lawns, shrubbery, flowers, golf courses, municipal parks,
cemeteries, greenhouses, or nurseries. The term does not include
[the excreta of an] animal manure, plant remains, or a mixture of
those substances, for which no specific nutrient analysis claim
indicates guaranteed nutrient levels [claim of essential plant
nutrients is made].
SECTION 2. Section 63.002(c), Agriculture Code, is amended
to read as follows:
(c) Animal manure [The excreta of an animal], plant remains,
or mixtures of those substances[,] are not commercial fertilizers
subject to this chapter if no specific nutrient analysis claim
indicates guaranteed nutrient levels [claim of essential plant
nutrients is made].
SECTION 3. This Act takes effect September 1, 2011.
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