SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version House Bill 4523 History

   |  Email
Key: Green = existing Code. Red = new code to be enacted

H. B. 4523

 

         (By Delegates Manypenny, Sponaugle, A. Evans,

         Guthrie and Walker)

 

         [Introduced February 13, 2014; referred to the

Committee on Agriculture and Natural Resources then the Judiciary.]

 

A BILL to amend and reenact §19-15-12 of the Code of West Virginia, 1931, as amended, relating to the West Virginia fertilizer law; requiring that the Commissioner of Agriculture propose rules for legislative approval that prohibit lawn maintenance fertilizer containing more than zero percent phosphorus or other compounds containing phosphorus, such as phosphate, from being registered with the commissioner or offered for sale, distribution or use in the state beginning July 1, 2014; providing grace period; and penalty for failure to comply.

Be it enacted by the Legislature of West Virginia:

    That §19-15-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 15. WEST VIRGINIA FERTILIZER LAW.

§19-15-12. Rules.

    (a) The commissioner may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code. The commissioner may enforce such rules relating to investigational allowances, definitions, records, fees and the distribution of regulated products as may be necessary to carry into effect the full intent and meaning of this article, including protection of the environment.

    (b) The commissioner shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code providing that beginning July 1, 2014, no lawn maintenance fertilizer containing more than zero percent phosphorus or other compounds containing phosphorus, such as phosphate, may be registered with the commissioner or offered for sale, distribution or use in the state. This prohibition does not include lawn fertilizer, manipulated manure, yard waste compost, products derived from sewage sludge, soils containing fertilizer, fertilizer products intended primarily for gardening, tree, shrub, and indoor plant application, including nurseries or reclaimed water. The rule may not restrict the continued sale by retailers of any prohibited fertilizer from any existing inventories in stock on July 1, 2014.

    (c) The commissioner shall give the guarantor or manufacturer of any unregistered regulated product in commerce in the state, a grace period of fifteen working days from issuance of notification within which to register the regulated product. Any person required to register any regulated product who fails to register the regulated product within the grace period shall pay to the commissioner a $50 late fee in addition to the registration fee. The commissioner may issue a stop sale, use, removal or seizure order upon any regulated product until the registration is issued.

 

 

    NOTE: The purpose of this bill is to require the Commissioner of Agriculture to propose rules for legislative approval that prohibit lawn maintenance fertilizer containing more than zero percent phosphorus or other compounds containing phosphorus, such as phosphate, from being registered with the commissioner or offered for sale, distribution or use in the state beginning July 1, 2014. The bill provides a grace period and penalty for failure to comply.


    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print