Chapter 427a

(1) “Fertilizer” means any substance containing one or more recognized plant nutrients, which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth. Fertilizer does not include unmanipulated animal and vegetable manures, marl, lime, limestone, wood, ash and other products exempted by regulations adopted by the commissioner pursuant to section 22-111j.

(2) “Fertilizer material” means a fertilizer which: (A) Contains important quantities of not more than one of the primary plant nutrients nitrogen, phosphate or potash, or (B) has not less than eighty-five per cent of its plant nutrient content present in the form of a single chemical compound, or (C) is derived from a plant or animal residue, by-product or natural material deposit which has been processed in a manner that results in its content of plant nutrients not having been materially changed, except by purification and concentration.

(3) “Mixed fertilizer” means a fertilizer containing any combination or mixture of fertilizer materials.

(4) “Specialty fertilizer” means a fertilizer distributed for nonfarm use.

(5) “Bulk fertilizer” means a fertilizer distributed in a nonpackaged form.

(6) “Brand” means a term, design or trademark used in connection with one or more grades of fertilizer.

(7) “Guaranteed analysis” means the minimum percentage of plant nutrients claimed in the following order and form:

(A) Total Nitrogen (N) .................................................................................. per cent

(B) Available Phosphate (P₂O₅)...................................................................... per cent

(8) “Grade” means the percentage of total nitrogen, available phosphate and soluble potash, stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis.

(9) “Official sample” means any sample of fertilizer taken by the commissioner or the commissioner's duly authorized agent and designated as such by the commissioner.

(10) “Ton” means a net weight of two thousand pounds avoirdupois.

(11) “Primary nutrient” means total nitrogen, available phosphate or soluble potash.

(12) “Per cent” or “percentage” means percentage by weight.

(13) “Person” means an individual, partnership, association, firm, corporation, limited liability company or other entity.

(14) “Distribute” means to import or consign or to offer for sale, sell, barter or otherwise supply fertilizer to any person in this state.

(15) “Distributor” means any person who distributes fertilizer.

(16) “Registrant” means a person who registers fertilizer pursuant to public act 09-229*.

(17) “Label” means the display of all written, printed or graphic matter on a fertilizer container or a written statement accompanying a fertilizer.

(18) “Labeling” means all written, printed or graphic matter upon or accompanying any fertilizer, or advertisements, brochures, posters, television or radio announcements and Internet web site content used in promoting the sale of any fertilizer.

(19) “Investigational allowance” means an allowance for variations inherent in the taking, preparation and analysis of an official sample of fertilizer.

(20) “Deficiency” means the amount of nutrient found by analysis that is less than the guaranteed analysis.

(21) “Blender” means any person or system engaged in the business of blending fertilizer through the use of mobile or fixed equipment.

(22) “Blending” means the physical mixing or combining of the following to produce a uniform mixture: (A) One or more fertilizer materials and one or more filler materials, (B) two or more fertilizer materials, or (C) two or more fertilizer materials and filler materials, including mixing through the simultaneous or sequential application of any combination of materials listed in this subsection.

(23) “Application” means the process of placement or usage of fertilizer onto a targeted growing area.

(24) “Director” means the director of the Connecticut Agricultural Experiment Station.

(25) “Commissioner” means the Commissioner of Agriculture.

(February, 1965, P.A. 198, S. 2; P.A. 73-278, S. 1, 21; P.A. 95-79, S. 84, 189; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 09-229, S. 4.)

*Note: Public act 09-229 is entitled “An Act Concerning Milk Producers, Milk and Milk Products, Agricultural Not-For-Profit Organizations and the Modernization of Connecticut Fertilizer Law”. (See Reference Table captioned “Public Acts of 2009” in Volume 16 which lists the sections amended, created or repealed by the act.)

History: P.A. 73-278 replaced “director” with “commissioner of agriculture” or “commissioner” and in Subdiv. (e)(1)(C) required guarantee of substances or compounds by both commissioner and director, rather than by director alone and included guarantees of harmful substances as well as of beneficial ones and added Subdiv. (n) defining “commissioner” as commissioner of agriculture; P.A. 95-79 redefined “person” to include a limited liability company, effective May 31, 1995; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 09-229 replaced former definitions with new definitions in Subdivs. (1) to (25), effective July 1, 2009.

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Sec. 22-111c. Registration of brands and grades. Fee. Regulations. (a) Each brand and grade of fertilizer shall be registered in the name of the person whose name appears on the label for such fertilizer before being distributed in this state. The application for registration shall be submitted to the commissioner on a form furnished by the commissioner and shall be accompanied by a fee of seventy-five dollars. On and after January 1, 2010, said fee shall be established by the commissioner by regulations adopted in accordance with the provisions of section 22-111j. The application shall include the following information: (1) The net weight; (2) the brand and grade; (3) the guaranteed analysis; and (4) the name and address of the registrant. Upon approval of the application by the commissioner, a copy of the registration shall be furnished to the applicant. All registrations shall expire on June thirtieth of each year.

(b) A distributor shall not be required to register any fertilizer which is already registered under this chapter by another person, provided the label for such exempted fertilizer does not differ in any material respect to such previously registered fertilizer.

(c) A distributor shall not be required to register fertilizer formulated according to specifications which are furnished by a consumer prior to mixing; but shall be required to label such fertilizer as provided in subsection (c) of section 22-111d.

(February, 1965, P.A. 198, S. 3; P.A. 73-278, S. 2, 21; P.A. 82-91, S. 9, 38; 82-472, S. 173, 183; May Sp. Sess. P.A. 92-6, S. 45, 117; P.A. 09-229, S. 5.)

History: P.A. 73-278 replaced “director”, i.e. director of Connecticut Agricultural Experiment Station, with “commissioner”, i.e. commissioner of agriculture; P.A. 82-91 deleted fee of $10 per major or minor element guaranteed for each brand and grade listed on the application and provided that fee is established by commissioner by regulations; P.A. 82-472 made a technical change in Subsec. (a); May Sp. Sess. P.A. 92-6 amended Subsec. (a) to establish various fees for fertilizer and to provide that the commissioner shall adopt regulations to establish the fees for the period commencing January 1, 1993; P.A. 09-229 deleted “commercial” re fertilizer throughout, amended Subsec. (a) to require registration in name of person whose name appears on fertilizer label, increase application fee from $15 to $75, delete provision re maximum registration cost and delete former Subdiv. (5) re sources, amended Subsec. (b) to exempt distributor fertilizer registration provided label for exempted fertilizer does not differ in material respect to previously registered fertilizer, and made conforming and technical changes, effective July 1, 2009.

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Sec. 22-111d. Labeling. (a) Any fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information: (1) Net weight, (2) brand and grade, provided the grade shall not be required when no primary nutrients are claimed, (3) guaranteed analysis, (4) the name and address of the registrant, and (5) directions for use for fertilizer distributed to the end user.

(b) If the fertilizer is distributed in bulk shipments, a written or printed statement of the information required by subsection (a) of this section shall accompany delivery and be supplied to the purchaser at the time of delivery.

(c) A fertilizer formulated according to specifications which are furnished by or for a consumer prior to mixing shall be labeled to show the net weight, guaranteed analysis and the name and address of the applicable distributor or registrant.

(February, 1965, P.A. 198, S. 4; P.A. 09-229, S. 6.)

History: P.A. 09-229 deleted “commercial” re fertilizer and made conforming and technical changes throughout and added Subdivs. (1) to (5) re label information requirements in Subsec. (a), effective July 1, 2009.

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Sec. 22-111e. Inspection fees. Tonnage reports by distributors. (a) Each distributor shall pay to the commissioner an inspection fee for all fertilizer distributed to nonregistrants in this state of twenty-five cents per ton, with a minimum inspection fee of ten dollars. Sales to manufacturers or exchanges between them and sales by distributors are exempted. Fees so collected shall be used for the payment of the costs of inspection, sampling and analysis and other expenses necessary for the administration of this chapter.

(b) Every person who distributes fertilizer in this state shall: File with the commissioner, on forms furnished by the commissioner, an annual statement for the period ending June thirtieth setting forth the number of net tons of each fertilizer distributed in this state during such period. Such report shall be due on or before the thirtieth day of the month following the close of each annual period and shall be accompanied by the inspection fee established pursuant to subsection (a) of this section. If the tonnage report is not filed, and the payment of the inspection fee is not made within sixty days after the end of the annual period, a collection fee amounting to ten per cent of the amount, but not less than ten dollars, shall be assessed against the registrant and may be collected in a legal action against the registrant.

(c) When more than one person is involved in the distribution of a fertilizer, the last person who has the fertilizer registered and who distributes to a nonregistered dealer or consumer shall be responsible for reporting the tonnage and paying the inspection fee, unless the report and payment have been previously made by a prior distributor of the fertilizer.

(February, 1965, P.A. 198, S. 5; 1969, P.A. 95, S. 1; P.A. 73-278, S. 3, 21; P.A. 84-333; May Sp. Sess. P.A. 92-6, S. 46, 117; P.A. 09-229, S. 7.)

History: 1969 act provided for minimum inspection fee of $1 in Subsec. (a) and exempted sales of less than 10 tons in “annual” rather than “semiannual” period and amended Subsec. (b) to require “annual” rather than “semiannual” statements and to impose collection fee if payment of inspection fee not made within 60 rather than 30 days after end of annual period; P.A. 73-278 replaced “director”, i.e. director of Connecticut Agricultural Experiment Station, with “commissioner”, i.e. commissioner of agriculture; P.A. 84-333 amended Subsec. (a) by raising inspection fee from $0.06 to $0.15 per ton; May Sp. Sess. P.A. 92-6 amended Subsec. (a) to provide that the commissioner shall adopt regulations to establish inspection fees with a minimum fee of not less than $0.25 per ton; P.A. 09-229 deleted “commercial” re fertilizer throughout, amended Subsec. (a) to delete requirement re regulations, insert minimum distributor inspection fee for fertilizer distributed to nonregistrants and delete less than 10 ton annual exemption, amended Subsec. (b) to make report due on or before thirtieth day of month following close of annual period, and made conforming and technical changes, effective July 1, 2009.

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Sec. 22-111f. Entry, inspection, sampling and analysis. (a) For the purpose of the enforcement of the provisions of this chapter or any regulation adopted by the commissioner pursuant to section 22-111j, the commissioner or the commissioner's authorized agent, upon presenting appropriate credentials, may: (1) Enter any factory, warehouse or establishment within the state in which fertilizers are manufactured, processed, packed or held for distribution, (2) enter any vehicle being used to transport or hold such fertilizers, and (3) inspect such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers and labeling therein.

(b) The commissioner, or the commissioner's authorized agent, shall sample and inspect fertilizers distributed within this state at such times and places and to such extent as the commissioner may deem necessary to determine whether such fertilizers are in compliance with the provisions of this chapter or any regulation adopted by the commissioner pursuant to section 22-111j. The commissioner, individually or through the commissioner's duly authorized agent, is authorized to enter upon any public or private premises or carriers in order to have access to fertilizers subject to the provisions of this chapter and any regulations adopted by the commissioner pursuant to section 22-111j. The director or the director's agent shall analyze samples designated official by the commissioner.

(c) The methods of analysis and sampling shall be those adopted by the Association of Official Analytical Chemists International.

(d) The commissioner, in determining for administrative purposes whether any fertilizer is deficient in plant food, shall be guided solely by the official sample obtained and analyzed as provided for in this section.

(e) The results of official analysis shall be forwarded by the director to the commissioner, registrant and distributor. Upon request, the director shall furnish to the registrant a portion of any sample found subject to penalty or other legal action. Official samples for which penalties are assessed for nutritional deficiencies shall be retained by the director for not less than ninety days following the issuance of a deficiency report.

(February, 1965, P.A. 198, S. 6; 1969, P.A. 95, S. 2; P.A. 73-278, S. 4, 21; P.A. 76-103; P.A. 79-631, S. 32, 111; P.A. 09-229, S. 8.)

History: 1969 act replaced “Associated Official Agricultural Chemists Journal” with “Journal of the Association of Official Analytical Chemists” in Subsec. (b); P.A. 73-278 inserted new Subsec. (a) re commissioner's inspection powers, relettering former Subsecs. (a) to (d) accordingly, replaced “director”, i.e. director of Agricultural Experiment Station with “commissioner”, i.e. commissioner of agriculture where appearing but retained revised provision re director's powers to analyze fertilizers by specifying that samples be designated as official by commissioner and restated provisions in Subsec. (e), formerly (d), deleting provision clarifying when report becomes official; P.A. 76-103 added Subsecs. (f) to (h) re penalties; P.A. 79-631 substituted “fertilizers” for “feeds” in Subsec. (a)(1); P.A. 09-229 deleted “commercial” re fertilizer throughout, added provisions re enforcement of regulations adopted pursuant to Sec. 22-111j in Subsecs. (a) and (b), amended Subsec. (e) to require director to retain official samples for which penalties are assessed for not less than 90 days, made conforming and technical changes throughout and deleted former Subsecs. (f) to (h) re penalties, effective July 1, 2009.

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Sec. 22-111g. Misbranded fertilizers. No person shall distribute misbranded fertilizer. A fertilizer shall be misbranded if: (1) The labeling for such fertilizer is false or misleading, (2) the fertilizer is distributed under the name of another fertilizer product, (3) the fertilizer is not labeled pursuant to section 22-111d and in accordance with regulations adopted by the commissioner pursuant to section 22-111j, or (4) such fertilizer is represented as a fertilizer or is represented as containing a plant nutrient or fertilizer, unless such plant nutrient or fertilizer conforms to the definition of identity, if any, prescribed by regulations adopted by the commissioner pursuant to section 22-111j.

(February, 1965, P.A. 198, S. 7; 1969, P.A. 95, S. 3; P.A. 09-229, S. 11.)

History: 1969 act made minor change in wording; P.A. 09-229 replaced existing provisions with new language re prohibition on distribution of misbranded fertilizer, effective July 1, 2009.

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Sec. 22-111h. Written reports by distributors and sellers. Confidentiality of report information. (a) Any person who distributes or sells fertilizer to a nonregistrant shall furnish the commissioner with a written report detailing: (1) The county of the consignee of such fertilizer, (2) the amount, in tons or fractions thereof, of each grade of such fertilizer, and (3) the form in which such fertilizer was distributed, including, but not limited to, bags, bulk or liquid. Such written report shall be submitted to the commissioner not later than the thirtieth day of July for distributions or sales made by such person during the preceding twelve months.

(b) Except for law enforcement purposes or as otherwise required by law, the commissioner shall not disclose to a third party any individual identifying information concerning a person who has submitted a report pursuant to subsection (a) of this section.

(February, 1965, P.A. 198, S. 8; 1969, P.A. 95, S. 4; P.A. 73-278, S. 5, 21; P.A. 09-229, S. 12.)

History: 1969 act amended Subsec. (a) to reflect change from semiannual statements to annual statements; P.A. 73-278 replaced “director”, i.e. director of Agricultural Experiment Station with “commissioner”, i.e. commissioner of agriculture; P.A. 09-229 replaced former provisions with new Subsecs. (a) and (b) re report to commissioner and confidentiality or report information, effective July 1, 2009.

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Sec. 22-111i. Publication of information by director. The director shall publish at least annually and in such forms as he or she may deem proper: (1) Information concerning the distribution of fertilizers and (2) results of analyses based on official samples of fertilizers distributed within the state as compared with the analyses guaranteed under sections 22-111c and 22-111d.

(February, 1965, P.A. 198, S. 9; P.A. 09-229, S. 14.)

History: P.A. 09-229 deleted “commercial” re fertilizer and made technical changes, effective July 1, 2009.

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Sec. 22-111j. Regulations. The commissioner shall adopt regulations regarding fertilizer, in accordance with the provisions of chapter 54, as the commissioner finds necessary to carry into effect the full intent and meaning of this chapter.

(February, 1965, P.A. 198, S. 10; P.A. 73-278, S. 6, 21; P.A. 09-229, S. 16.)

History: P.A. 73-278 replaced “director”, i.e. director of Agricultural Experiment Station, with “commissioner”, i.e. commissioner of agriculture; P.A. 09-229 replaced former provision re regulations relating to distribution of commercial fertilizers with provision requiring commissioner to adopt regulations re fertilizer, effective July 1, 2009.

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Sec. 22-111k. Penalty for short weight. Section 22-111k is repealed, effective July 1, 2009.

(February, 1965, P.A. 198, S. 11; P.A. 73-278, S. 7, 21; P.A. 09-229, S. 33.)

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Sec. 22-111l. Revocation, refusal or suspension of registration. The commissioner may revoke, refuse or suspend the registration of any brand of fertilizer or refuse to register any brand of fertilizer as herein provided, upon satisfactory evidence that the registrant or applicant for registration has violated any provision of this chapter or has used fraudulent or deceptive practices in the evasion or attempted evasion of the provisions of this chapter or any regulations adopted thereunder; provided no registration shall be revoked, refused or suspended until the registrant has been given the opportunity to appear for a hearing by the commissioner or the commissioner's designee.

(February, 1965, P.A. 198, S. 12; P.A. 73-278, S. 8, 21; P.A. 09-229, S. 17.)

History: P.A. 73-278 replaced “director”, i.e. director of Agricultural Experiment Station with “commissioner”, i.e. commissioner of agriculture; P.A. 09-229 substituted “revoke, refuse or suspend” for “cancel”, deleted “commercial” re fertilizer, added provision re violation of chapter, added “or the commissioner's designee” and made technical changes, effective July 1, 2009.

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Sec. 22-111m. Stop sale, use or removal orders. The commissioner may issue and enforce a written or printed “stop sale, use or removal” order to the owner or custodian of any lot of fertilizer to hold such fertilizer at a designated place when the commissioner finds such fertilizer is being offered or exposed for sale in violation of any provision of this chapter or any regulation adopted by the commissioner pursuant to section 22-111j until the provisions of public act 09-229* or any such regulation have been complied with and such fertilizer is released in writing by the commissioner or such violation has been otherwise legally disposed. The commissioner shall release the fertilizer so withdrawn when the requirements of the provisions of this chapter or any regulation adopted by the commissioner pursuant to section 22-111j have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid. The owner or custodian of any lot of fertilizer, who has been issued a stop sale, use or removal order pursuant to this section, shall be given the opportunity to appear for a hearing by the commissioner or the commissioner's designee.

(February, 1965, P.A. 198, S. 13; P.A. 73-278, S. 9, 21; P.A. 09-229, S. 18.)

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Sec. 22-111n. Seizure of noncomplying fertilizers. Any fertilizer not in compliance with the provisions of this chapter or any regulation adopted pursuant to section 22-111j shall be subject to seizure by the commissioner. If, after seizure, the commissioner finds such fertilizer to be in violation of this chapter or any regulation adopted pursuant to section 22-111j and orders the condemnation of such fertilizer, it shall be disposed of in any manner consistent with the quality of the fertilizer and the laws of the state; provided in no instance shall the disposition of such fertilizer be ordered by the commissioner without first giving the claimant an opportunity for a hearing by the commissioner or the commissioner's designee for release of such fertilizer or for permission to process or relabel such fertilizer to bring it into compliance with this chapter or any regulation adopted pursuant to section 22-111j.

(February, 1965, P.A. 198, S. 14; P.A. 73-278, S. 10, 21; P.A. 09-229, S. 19.)

History: P.A. 73-278 replaced “director”, i.e. director of Agricultural Experiment Station, with “commissioner”, i.e. commissioner of agriculture; P.A. 09-229 deleted “commercial” re fertilizer, added provisions re regulation adopted pursuant to Sec. 22-111j, deleted provisions re court procedure for seizure and provided for opportunity for hearing by commissioner or commissioner's designee, effective July 1, 2009.

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Sec. 22-111o. Procedure re violations. Notice and hearing. Fine. Injunctions. (a) If it appears from the examination of any fertilizer that any provision of this chapter or any regulation adopted pursuant to section 22-111j has been violated, the commissioner shall cause notice of the violation to be given to the registrant, distributor or possessor from whom the sample was taken. Any person so notified shall be given opportunity to be heard by the commissioner. If it appears after such hearing, either in the presence or absence of the person so notified, that any provision of this chapter or any regulation adopted pursuant to section 22-111j has been violated, such person shall be fined not more than five hundred dollars for each such violation.

(b) The commissioner may apply for and any court of competent jurisdiction may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of this chapter or any regulation adopted pursuant to section 22-111j, notwithstanding the existence of other remedies at law. Such injunction shall be issued without bond.

(February, 1965, P.A. 198, S. 15; P.A. 73-278, S. 11, 21; P.A. 09-229, S. 20.)

History: P.A. 73-278 replaced “director”, i.e. director of Agricultural Experiment Station, with “commissioner”, i.e. commissioner of agriculture; P.A. 09-229 deleted “commercial” re fertilizer, made technical changes, added provisions re regulation adopted pursuant to Sec. 22-111j, deleted provision allowing commissioner to certify facts to prosecuting officer and added $500 fine in Subsec. (a), deleted former Subsecs. (b) to (d), redesignated existing Subsec. (e) as Subsec. (b) and made a conforming change therein, effective July 1, 2009.

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Sec. 22-111p. Sales and exchanges between importers, manufacturers or manipulators. Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of fertilizers between importers, manufacturers or manipulators who mix fertilizer materials for sale or to prevent the free and unrestricted shipments of fertilizer to manufacturers or manipulators who have registered their brands as required by the provisions of this chapter or any regulation adopted pursuant to section 22-111j.

(February, 1965, P.A. 198, S. 16; P.A. 09-229, S. 21.)

History: P.A. 09-229 deleted “commercial” re fertilizer and added provision re regulation adopted pursuant to Sec. 22-111j, effective July 1, 2009.

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Sec. 22-111q. Appeals. Any person aggrieved by any action of the commissioner under the provisions of this chapter may appeal therefrom in accordance with the provisions of section 4-183.

(February, 1965, P.A. 198, S. 17; P.A. 73-278, S. 12, 21; P.A. 76-436, S. 449, 681; P.A. 77-603, S. 91, 125.)

History: P.A. 73-278 replaced “director”, i.e. director of Agricultural Experiment Station, with “commissioner”, i.e. commissioner of agriculture; P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 77-603 replaced previous provision for appeal to superior court with statement that appeals shall be made in accordance with Sec. 4-183.

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Sec. 22-111r. Administration and enforcement. Except as otherwise specified in sections 22-111a to 22-111j, inclusive, and 22-111l to 22-111x, inclusive, the provisions of said sections shall be administered and enforced by the Commissioner of Agriculture or by such commissioner's duly authorized agent.

(P.A. 09-229, S. 2.)

History: P.A. 09-229 effective July 1, 2009.

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Sec. 22-111s. Special acts and municipal ordinances or regulations superceded. All special acts and municipal ordinances or regulations contrary to or inconsistent with the provisions of public act 09-229* are superseded and shall be of no force or effect. No political subdivision of the state shall enact or attempt to enforce any ordinance or regulation respecting the registration, packaging, labeling, sale, storage, distribution, use or application of a fertilizer, as defined in section 22-111b.

(P.A. 09-229, S. 3.)

History: P.A. 09-229 effective July 1, 2009.

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Sec. 22-111t. Guarantees. Inspection and analysis. Deficiencies. Penalties. (a) For unacidulated mineral phosphatic material and basic slag, bone, tankage and other organic phosphatic materials, the total phosphate and degree of fineness may be guaranteed. Guarantees for plant nutrients other than nitrogen, phosphorus and potassium shall comply with the provisions of public act 09-229* and with regulations adopted by the commissioner pursuant to section 22-111j. Guarantees for other nutrients shall be expressed in the form of the primary element of such other nutrient. The commissioner may require the source of other nutrients, including, but not limited to, oxides, salts and chelates, to be stated on the product label and application for registration. Other beneficial substances or compounds, determinable by laboratory methods, may be guaranteed by permission of the commissioner and with the advice of the director. Any guaranteed plant nutrients or other substances or compounds shall be subject to inspection and analysis in accordance with regulations adopted by the commissioner pursuant to section 22-111j. Specialty fertilizers may be guaranteed in fractional units of not greater than one per cent of total nitrogen, available phosphate, soluble potash, fertilizer materials, bone meal and manures and similar materials may be guaranteed in fractional units.

(b) If analysis shows a fertilizer is deficient in one or more of its guaranteed primary plant nutrients beyond the investigational allowances and compensations as established by public act 09-229* or by any regulation adopted by the commissioner pursuant to section 22-111j, a penalty payment of three times the value of such deficiency shall be assessed by the commissioner against the violator.

(c) All penalties assessed by the commissioner pursuant to this section shall be paid by the registrant to the consumer of the lot of fertilizer represented by the sample analyzed not later than three months after the date of notice from the commissioner to the registrant. If the commissioner is unable to locate or identify such consumer, such penalty payments shall be paid to the commissioner, who shall deposit the same into the General Fund. If the commissioner finds upon satisfactory evidence that a person has altered the content of fertilizer supplied to him or her by a registrant, or to have mixed or commingled fertilizer from two or more suppliers such that the result of either alteration changes the analysis of the fertilizer as originally guaranteed, the commissioner shall require such person to obtain a registration and such person shall be held liable for all applicable penalty payments and be subject to any other applicable provisions of public act 09-229* or any regulation adopted by the commissioner pursuant to section 22-111j, including, but not limited to, seizure, condemnation and a stop sale order by the commissioner.

(d) A deficiency in an official sample of mixed fertilizer resulting from nonuniformity shall not be distinguishable from a deficiency due to actual plant nutrient shortage and shall be subject to action by the commissioner pursuant to sections 22-111a to 22-111j, inclusive, and 22-111l to 22-111x, inclusive.

(e) Nothing contained in this section shall prevent any person from commencing an action in Superior Court for damages or penalty payments relating to fertilizer or fertilizer material.

(P.A. 09-229, S. 9.)

History: P.A. 09-229 effective July 1, 2009.

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Sec. 22-111u. Commissioner to determine and publish values. The commissioner shall determine and publish annually the values per unit of nitrogen, available phosphate and soluble potash in fertilizers in this state, for purposes of determining the commercial value to be applied pursuant to sections 22-111a to 22-111j, inclusive, and 22-111l to 22-111x, inclusive. Such determined and published values shall be used by the commissioner in determining and assessing penalty payments pursuant to sections 22-111a to 22-111j, inclusive, and 22-111l to 22-111x, inclusive.

(P.A. 09-229, S. 10.)

History: P.A. 09-229 effective July 1, 2009.

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Sec. 22-111v. Distribution of adulterated fertilizer prohibited. No person shall distribute an adulterated fertilizer. A fertilizer shall be considered adulterated if the commissioner determines: (1) Such fertilizer contains any deleterious or harmful substance in sufficient amounts to render it injurious to beneficial plant life, animals, humans, aquatic life, soil or water when applied in accordance with directions for use on the label for such fertilizer, (2) the label for such fertilizer does not contain adequate warning statements or directions for use necessary to protect plant life, animals, humans, aquatic life, soil or water, (3) the composition of such fertilizer falls below or differs from that displayed on the label for such fertilizer, or (4) such fertilizer contains unwanted crop or weed seed.

(P.A. 09-229, S. 13.)

History: P.A. 09-229 effective July 1, 2009.

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Sec. 22-111w. Storage of bulk fertilizers. Best management practices for fertilizer use and application. (a) Bulk fertilizers shall be stored in a manner that minimizes the release of such fertilizers and protects the environment.

(b) Fertilizer use and application shall comply with best management practices and with regulations adopted by the commissioner pursuant to section 22-111j.

(P.A. 09-229, S. 15.)

History: P.A. 09-229 effective July 1, 2009.

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Sec. 22-111x. Cooperation and agreements with agencies of state, other states and federal government. The commissioner may cooperate with and enter into agreement with governmental agencies of this state, other states and agencies of the federal government in order to carry out the purpose and provisions of sections 22-111a to 22-111j, inclusive, and 22-111l to 22-111x, inclusive, or any regulation adopted pursuant to section 22-111j.

(P.A. 09-229, S. 22.)

History: P.A. 09-229 effective July 1, 2009.

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Secs. 22-111y and 22-111z. Reserved for future use.

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