H.B. No. 1969
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. Subchapter A, Chapter 63, Agriculture Code, is
amended by adding Section 63.0025 to read as follows:
Sec. 63.0025. CERTAIN ANALYSES NOT GUARANTEE OF NUTRIENT
LEVELS. A representative laboratory analysis conducted for
purposes of fulfilling a requirement established by a federal
agency or a state agency other than the department may not:
(1) be considered a guarantee of nutrient levels for:
(A) fertilizer material;
(B) mixed fertilizer;
(C) manipulated manure; or
(D) specialty fertilizer; or
(2) be used to determine whether animal manure, plant
remains, or mixtures of those substances are commercial fertilizers
under Section 63.002(c).
SECTION 4. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1969 was passed by the House on May
13, 2011, by the following vote: Yeas 132, Nays 12, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1969 on May 25, 2011, by the following vote: Yeas 143, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1969 was passed by the Senate, with
amendments, on May 23, 2011, by the following vote: Yeas 30, Nays
0
.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor