S0738.02T

To repeal sections 266.291, 266.321 and 266.343, RSMo 1994, relating to fertilizer and to enact in lieu thereof three new sections relating to the same subject.

Be it enacted by the General Assembly of the State of Missouri, as follows:

     Section A. Sections 266.291, 266.321 and 266.343, RSMo 1994, are repealed and three new sections enacted in lieu thereof to be known as sections 266.291, 266.321 and 266.343, to read as follows:

     266.291. The following words, terms, and phrases, when used in sections 266.291 to 266.351 have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

     (1) "Director" means the director of the Missouri agricultural experiment station at Columbia, Missouri;

     (2) "Distributor" means any person who imports, consigns, manufactures, produces or compounds fertilizer, or offers for sale, sells, barters, or otherwise supplies fertilizers for consumption or use in this state; provided that this term shall not apply to any person who purchases fertilizer from a distributor registered under sections 266.291 to 266.351 and which fertilizer has been once sold in compliance with sections 266.291 to 266.351;

     (3) "Essential plant nutrient" includes any element recognized as being directly required by any plant to complete its life cycle;

     (4) "Fertilizer" includes any organic or inorganic material of natural or synthetic origin which is added to soil, soil mixtures, or solution to supplement nutrients and is claimed to contain one or more essential plant nutrients. The term "fertilizer" does not include unmanipulated animal and vegetable manure and agricultural liming materials used to reduce soil acidity;

     (5) "Person" includes individuals, partnerships, associations, firms, corporations, estates, trusts, receivers, or trustees appointed by any state or federal court;

     (6) "Sale", "sold", and "sells" include exchanges and consignments for sale and means any transfer or barter;

     (7) "Variable rate technology" means the method of applying two or more fertilizer materials which are blended at variable rates by a spreading vehicle or device during the application process.

     266.321. 1. Each container of fertilizer sold, offered for sale or exposed for sale for consumption or use within this state shall bear thereon or have attached thereto in a conspicuous place a plainly written statement in the English language giving the following information:

     (1) The name, brand or trademark under which the fertilizer is sold;

     (2) The name and address of the person guaranteeing the fertilizer;

     (3) Net weight;

     (4) The guaranteed chemical composition by weight of the fertilizer, expressed in the following terms:

     (a) Percent of total nitrogen (N),

     (b) Percent of available [phosphoric acid] phosphate (P2O5),

     (c) Percent of soluble potash (K2O).

Unacidulated mineral phosphatic materials and basic slag shall be guaranteed as to both total and available [phosphoric acid] phosphate, and the degree of fineness as expressed in percentage passing through standard mesh sieves. In the case of bone, tankage, and other natural organic phosphate materials, only total [phosphoric acid] phosphate must be guaranteed. If any fertilizer is sold, offered for sale, or exposed for sale in bulk, such plainly written statement herein required shall accompany each lot and parcel of such fertilizer.

     [2. If any fertilizer is sold, offered for sale, or exposed for sale in bulk, such plainly printed statement herein required shall accompany each lot and parcel of such fertilizer.]

     2. A fertilizer formulated according to specifications furnished by or for a consumer prior to mixing and intended to be applied using variable rate technology shall be accompanied by a plainly written statement which shows the guaranteed analysis and net weight of each material used in the formulation and the name and address of the distributor and the consumer.

     266.343. If any fertilizer offered for sale in this state shall upon official analysis prove deficient from its guarantee as stated on the bag or other container, penalties shall be assessed as follows:

     (1) For a single ingredient fertilizer containing nitrogen or available phosphate or soluble potash:

     (a) When the value of this ingredient is found to be deficient from the guarantee to the extent of three percent and not over five percent, the distributor shall be liable for the actual deficiency.

     (b) When the deficiency exceeds five percent of the total value, the penalty shall be three times the actual value of the shortage.

     (2) For multiple ingredient fertilizers containing two or more of the single ingredients: Nitrogen or available phosphate or soluble potash, penalties shall be assessed according to (a), (b) or (c) as herein stated. When a multiple ingredient fertilizer is subject to a penalty under (a), (b) and (c) only the larger penalty shall be assessed.

     (a) When the total combined values of the nitrogen or available [phosphoric acid] phosphate or soluble potash is found to be deficient to the extent of three percent and not over five percent, the distributor shall be liable for the actual deficiency in total value.

     (b) When the deficiency exceeds five percent of the total value, the penalty shall be three times the actual value of the shortage.

     (c) When either the nitrogen, available [phosphoric acid,] phosphate or soluble potash value is found deficient from the guarantee to the extent of ten percent up to the maximum of two units (two percent plant food), the distributors shall be liable for the value of such shortages.