Sec. 22-111ff. Sampling, inspection and analysis requirements.
Sec. 22-111hh. Stop-sale orders.
Sec. 22-111ii. Interstate agreements.
Sec. 22-111jj. Publication of analyses results.
Sec. 22-111oo. Labeling. Posting of information.
Sec. 22-111pp. Tonnage statements.
Sec. 22-111qq. Sampling, inspection and analysis requirements.
Sec. 22-111rr. Prohibited sales.
Sec. 22-111ss. Stop-sale orders.
Sec. 22-111tt. Interstate agreements.
Sec. 22-111uu. Revocation, suspension or denial of registration. Refusal to register.
Sec. 22-111ww. Sale and use of existing inventories.
Sec. 22-111aa. Definitions. As used in sections 22-111aa to 22-111ll, inclusive:
(1) “Soil amendment” means any substance intended to improve the physical or chemical characteristics of the soil, but does not mean commercial fertilizers, agricultural liming materials, unmanipulated animal manures, unmanipulated vegetable manures, compost, pesticides or other material exempted by regulations adopted by the commissioner under section 22a-111ll;
(2) “Soil ingredient form” means the chemical compound of an ingredient such as a salt, chelate, oxide, acid or similar descriptor or the physical form of an ingredient;
(3) “Brand” means the trademark, product name or other specific designation under which individual soil amendments are offered for sale;
(4) “Bulk” means without packaging;
(5) “Distribute” means import, consign, produce, compound, mix or blend soil amendments for use in this state, or to offer for sale, sell, barter or otherwise supply soil amendments in this state;
(6) “Distributor” means any person who imports, consigns, produces, compounds, mixes or blends soil amendments for use in this state, or who offers for sale, sells, barters or otherwise supplies soil amendments in this state;
(7) “Investigational allowance” means an accounting for variations inherent in the taking, preparation and analysis of an official sample of a soil amendment;
(8) “Label” means the display of all handwritten, printed or graphic matter upon a container or statement accompanying a soil amendment;
(9) “Labeling” means all handwritten, printed or graphic matter upon or accompanying any soil amendment, or advertisements, brochures, posters or television or radio announcements used in promoting the sale of such amendment;
(10) “Minimum percentage” means that per cent of soil amending ingredient required to be present in a product before the product will be accepted for registration when the ingredient is mentioned in any form or manner;
(11) “Official sample” means any sample of soil amendment taken by the commissioner or an agent of the commissioner and that the commissioner designates as official;
(12) “Per cent or percentage” means a portion of a soil amendment by weight;
(13) “Person” means an individual, partnership, corporation, limited liability company or association;
(14) “Registrant” means the person who registers soil amendments under the provisions of section 22-111bb;
(15) “Soil amending ingredient” means a substance that will improve the physical or chemical characteristics of soil so that it will be more productive;
(16) “Weight” means the weight of material as offered for sale;
(17) “Director” means the director of the Connecticut Agricultural Experiment Station; and
(18) “Commissioner” means the Commissioner of Agriculture.
(P.A. 00-96, S. 1, 25; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 00-96 effective July 1, 2000; 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.
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Sec. 22-111bb. Registration. (a) No person may distribute a soil amendment unless it has been registered with the commissioner in accordance with the provisions of this section. An application for registration shall be submitted annually to the commissioner on the form furnished or approved by the commissioner. Upon approval of the application by the commissioner, a copy of the registration shall be furnished to the applicant. Such registration shall expire on September thirtieth of the following year. Each distributor shall submit to the commissioner a copy of labels and any advertising literature for each soil amendment with the registration application.
(b) A distributor shall not be required to register any brand of soil amendment that is already registered under this section by another person, providing the label does not differ in any respect.
(c) Before registering any soil amendment, the commissioner may require evidence to substantiate the claims made for the soil amendment and proof of the value and usefulness of the soil amendment.
(P.A. 00-96, S. 2, 25.)
History: P.A. 00-96 effective July 1, 2000.
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Sec. 22-111cc. Labeling. (a) The following information shall appear on the face or display side of any package or container of soil amendment offered for sale at retail, shall be in a readable and conspicuous printed form and shall be affixed as a label: (1) The net weight of the product; (2) the brand of the product; and (3) a guaranteed analysis of the product including (A) all soil amending ingredients and any other ingredients, (B) the purpose of the product, (C) directions for application, and (D) the name and address of the soil amendment registrant.
(b) In the case of bulk shipments, the information required in subsection (a) of this section may be in handwritten or printed form, shall accompany delivery and shall be supplied to the purchaser at the time of delivery.
(c) No information or statement may appear on any package, label delivery slip or advertising matter that is false or misleading to the purchaser as to the use, value, quality, analysis, type or composition of the soil amendment.
(d) The commissioner may require proof of claims made for any soil amendment. If no claims are made, the commissioner may require proof of usefulness and value of the soil amendment. For evidence of proof the commissioner may rely on experimental data, evaluations or advice supplied from such sources as the director if design of the experiment is related to conditions in this state under which the product is to be used. The commissioner may accept or reject other sources of proof deemed to be reliable as additional evidence in evaluating soil amendments.
(e) No soil amending ingredient may be listed on labels or labeling of soil amendments without the permission of the commissioner. The commissioner may allow a soil amending ingredient to be listed on the label or labeling if satisfactory supportive data is provided to substantiate the value and usefulness of the soil amending ingredients. The commissioner may rely on authoritative sources, including, but not limited to, the director, for assistance in evaluating any such data submitted. When a soil amending ingredient is permitted to be listed, the presence of such ingredient in such amendment shall be detectable by laboratory methods and shall be subject to inspection and analysis. The director may prescribe methods and procedures of inspection and analysis of the soil amending ingredient.
(f) The commissioner may allow labeling to include listing proportions of ingredients in soil amendments by volume rather than by weight.
(P.A. 00-96, S. 3, 25.)
History: P.A. 00-96 effective July 1, 2000.
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Sec. 22-111dd. Misbranding. No person may distribute a misbranded soil amendment. A soil amendment shall be deemed to be misbranded if: (1) Its labeling is false or misleading; (2) it is distributed under the name of another soil amendment; (3) it is not labeled as required in section 22-111cc and in accordance with regulations adopted under section 22-111ll; (4) it purports to be, or is represented as, a soil amendment, or is represented as containing a soil amendment that has a definition in regulations adopted by the commissioner in accordance with section 22-111ll unless it conforms to such definition; or (5) it does not conform to the prescribed soil ingredient form, minimum percentages, labeling or investigational allowances provided for in the regulations adopted by the commissioner under section 22-111ll.
(P.A. 00-96, S. 4, 25.)
History: P.A. 00-96 effective July 1, 2000.
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Sec. 22-111ee. Adulteration. No person may distribute an adulterated soil amendment. A soil amendment shall be deemed to be adulterated if: (1) It contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plant or animal life when applied in accordance with directions for use on its label, or if adequate warning statements and directions for use that may be necessary to protect beneficial plant or animal life are not on the label; (2) its composition differs from that which it is purported to be in its labeling; or (3) it contains unwanted crop or weed seed.
(P.A. 00-96, S. 5, 25.)
History: P.A. 00-96 effective July 1, 2000.
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Sec. 22-111ff. Sampling, inspection and analysis requirements. (a) The commissioner or the commissioner's designee shall sample, inspect, make analyses of and test soil amendments distributed within this state at any time and place to such extent as is deemed necessary to determine whether such soil amendments are in compliance with provisions of sections 22-111bb to 22-111ll, inclusive. The commissioner or the commissioner's designee may enter upon any public or private premises or carriers during regular business hours in order to have access to (1) soil amendments subject to the provisions of sections 22-111bb to 22-111ll, inclusive, and any regulations adopted under said sections, and (2) any records relating to the distribution of such soil amendments.
(b) The methods of analysis and sampling shall be those approved by the director and derived from authoritative sources including, but not limited to, the Association of Official Analytical Chemists International.
(c) The results of official analyses of soil amendments shall be distributed by the director.
(P.A. 00-96, S. 6, 25.)
History: P.A. 00-96 effective July 1, 2000.
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Sec. 22-111gg. Penalties. Any person who violates section 22-111bb or 22-111cc shall be assessed a civil penalty in an amount not to exceed one thousand dollars for each violation. Any person who violates section 22-111dd or 22-111ee, or an order issued under section 22-111hh, shall be assessed a civil penalty in an amount not less than one thousand dollars or more than two thousand five hundred dollars for each violation. The Attorney General, upon complaint of the commissioner, may institute a civil action to recover such penalty in the superior court for the judicial district of Hartford. All actions brought by the Attorney General shall have precedence in the order of trial as provided in section 52-191. The Superior Court, in an action brought by the Attorney General at the request of the commissioner, shall have jurisdiction to restrain a continuing violation of said sections and to issue orders directing that the violation be corrected or removed.
(P.A. 00-96, S. 7, 25.)
History: P.A. 00-96 effective July 1, 2000.
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Sec. 22-111hh. Stop-sale orders. The commissioner may issue and enforce an order to the owner or custodian of any lot of soil amendment to stop the sale or use of such soil amendment and to hold such soil amendment at a designated place when the commissioner finds such soil amendment is being offered for sale in violation of any of the provisions of sections 22-111bb to 22-111ll, inclusive. The commissioner may rescind such order in writing when such provisions have been complied with and all costs and expenses incurred in connection with complying with the order have been paid. The distributor shall be entirely responsible for any costs associated with such order and shall assume all liability for distribution of amendments deemed adulterated.
(P.A. 00-96, S. 8, 25.)
History: P.A. 00-96 effective July 1, 2000.
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Sec. 22-111ii. Interstate agreements. The commissioner may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government and private associations in order to carry out the purposes and provisions of sections 22-111bb to 22-111ll, inclusive.
(P.A. 00-96, S. 9, 25.)
History: P.A. 00-96 effective July 1, 2000.
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Sec. 22-111jj. Publication of analyses results. The director shall publish at least annually a report of the results of the analyses of any soil amendments analyzed under section 22-111ff.
(P.A. 00-96, S. 10, 25.)
History: P.A. 00-96 effective July 1, 2000.
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Sec. 22-111kk. Denial, cancellation and revocation of registration. Right to a hearing on revocation. The commissioner may refuse registration of any brand of soil amendment if the commissioner finds the brand of soil amendment violates any provision of sections 22-111bb to 22-111ll, inclusive, or regulations adopted under said sections. The commissioner may cancel the registration of any brand of soil amendment upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in complying with said sections or said regulations provided no registration shall be revoked until the registrant has been given the opportunity to appear for a hearing by the commissioner.
(P.A. 00-96, S. 11, 25.)
History: P.A. 00-96 effective July 1, 2000.
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Sec. 22-111ll. Regulations. The Commissioner of Agriculture may adopt regulations, in accordance with the provisions of chapter 54, to carry out the provisions of sections 22-111bb to 22-111kk, inclusive. Such regulations may include provisions regarding sampling, analytical methods, form of soil amendments, minimum percentages, soil amending ingredients, exempted materials, investigational allowances, definitions, records, labels or labeling, liability bonds, misbranding, mislabeling and the distribution of soil amendments. In the interest of uniformity, the commissioner may adopt, in such regulations, unless the commissioner determines that they are not appropriate to conditions that exist in this state, the official definitions of soil amendment ingredients, official regulations and the official soil amendment terms adopted by the Association of American Plant Food Control Officials and published in its official publication and may incorporate by reference any other provisions that the association adopts for the regulation of soil amendments.
(P.A. 00-96, S. 12, 25; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 00-96 effective July 1, 2000; 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.
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Sec. 22-111mm. Definitions. As used in sections 22-111nn to 22-111xx, inclusive:
(1) “Person” means an individual, partnership, corporation, limited liability company or association;
(2) “Distribute” means to offer for sale, sell, exchange or barter, or to supply, furnish or otherwise provide;
(3) “Distributor” means any person who distributes;
(4) “Agricultural liming material” means a product containing calcium and magnesium compounds capable of and used for neutralizing soil acidity;
(5) “Limestone” means an agricultural liming material consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate capable of neutralizing soil;
(6) “Burnt lime” means a calcined material composed chiefly of calcium oxide in natural association with lesser amounts of magnesium, and that is capable of slaking with water;
(7) “Hydrated lime” means a dry material made from burnt lime;
(8) “Marl” means a granular or loosely consolidated earthy material composed largely of shell fragments and calcium carbonate precipitated in ponds;
(9) “Industrial coproduct” means any industrial waste or by-product containing calcium or calcium and magnesium in forms that will neutralize soil acidity, including, but not limited to, such products designated by prefixing the name of the industry or process by which it is produced, such as gas-house lime, tanners' lime, acetylene lime-waste, lime-kiln ashes or calcium silicate;
(10) “Brand” means the term, trademark, product name or other specific designation under which individual agricultural liming material is offered for sale;
(11) “Fineness” means the percentage by weight of the material which will pass U.S. Standard sieves of specified sizes;
(12) “Ton” means a net weight of two thousand pounds avoirdupois;
(13) “Per cent” or “percentages” means a portion of an agricultural liming material by weight;
(14) “Official sample” means a sample of agricultural liming material taken by the commissioner or the commissioner's designee in accordance with the provisions of section 22-111qq;
(15) “Bulk” means without packaging;
(16) “Label” means any handwritten or printed matter on or attached to a package containing agricultural liming materials or on the delivery ticket that accompanies bulk shipments;
(17) “Calcium Carbonate Equivalent (CCE)” means the acid neutralizing capacity of a carbonate rock expressed as a percentage of the acid neutralizing capacity of pure calcium carbonate;
(18) “Weight” means the weight of undried material as offered for sale;
(19) “Director” means the director of the Connecticut Agricultural Experiment Station; and
(20) “Commissioner” means the Commissioner of Agriculture.
(P.A. 00-96, S. 13, 25; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 00-96 effective July 1, 2000; 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.
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Sec. 22-111nn. Registration. (a) No person may distribute an agricultural liming material unless it has been registered with the commissioner in accordance with the provisions of this section. An application for registration shall be submitted annually to the commissioner on the form furnished or approved by the commissioner. Upon approval of the application by the commissioner, a copy of the registration shall be furnished to the applicant. Such registration shall expire on June thirtieth of the following year. Each distributor shall submit to the commissioner a copy of labels and any advertising literature for each agricultural liming material with the registration application.
(b) A distributor shall not be required to register any brand of agricultural liming material already registered under this section by another person, provided the label does not differ in any respect.
(P.A. 00-96, S. 14, 25.)
History: P.A. 00-96 effective July 1, 2000.
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Sec. 22-111oo. Labeling. Posting of information. (a) The following information shall appear on the face or display side of any package or container of any agricultural liming material, in a conspicuous manner, on a plainly printed, stamped or otherwise marked label, tag or statement or, in the case of bulk sales, a delivery slip: (1) The name and principal office address of the manufacturer or distributor; (2) the brand of the material; (3) the type of the agricultural liming material; (4) the net weight of the agricultural liming material; (5) the minimum percentage of calcium oxide and magnesium oxide or calcium carbonate and magnesium carbonate; (6) the calcium carbonate equivalent as determined by methods prescribed by the Association of Official Analytical Chemists International; and (7) the minimum percentage of such material that will pass through U.S. Standard sieves as prescribed by regulations adopted by the commissioner in accordance with the provisions of chapter 54.
(b) No information or statement may appear on any package, label, delivery slip or advertising matter that is false or misleading to the purchaser as to the quality, analysis type or composition of agricultural liming material.
(c) In the case of any material that has been adulterated subsequent to packaging, labeling or loading and before delivery to the consumer, a plainly marked notice to that effect shall be affixed by the vendor to the package or delivery slip to identify the kind and degree of such adulteration.
(d) At any site from which agricultural liming materials are delivered in bulk and at any site where consumer orders for bulk deliveries are placed, there shall be conspicuously posted a copy of the statement required by this section for each brand of material.
(P.A. 00-96, S. 15, 25.)
History: P.A. 00-96 effective July 1, 2000.
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Sec. 22-111pp. Tonnage statements. Not later than thirty days following the expiration of registration under section 22-111nn, each registrant shall submit on a form furnished or approved by the commissioner an annual statement setting forth, by county, the number of tons of each agricultural liming material sold for use in the state during the previous twelve-month period.
(P.A. 00-96, S. 16, 25.)
History: P.A. 00-96 effective July 1, 2000 (Revisor's note: An internal reference in P.A. 00-96, S. 16 to “section 15 of this act”, codified as Sec. 22-111oo, was determined to properly refer to section 14 of said act re registration, and was therefore changed editorially by the Revisors to “section 22-111nn”, for accuracy).
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Sec. 22-111qq. Sampling, inspection and analysis requirements. (a) The commissioner or the commissioner's designee shall sample, inspect, make analyses of and test agricultural liming materials distributed within this state at any time and place to such extent as is deemed necessary to determine whether such materials are in compliance with the provisions of sections 22-111nn to 22-111xx, inclusive. The commissioner or the commissioner's designee may enter upon any public or private premises or carriers during regular business hours in order to have access to (1) such materials subject to the provisions of sections 22-111nn to 22-111xx, inclusive, and any regulations adopted under said sections 22-111nn to 22-111xx, inclusive, and (2) any records relating to the distribution of such materials.
(b) The methods of analysis and sampling shall be those approved by the director and derived from authoritative sources including, but not limited to, the Association of Official Analytical Chemists International.
(c) The results of official analyses of agricultural liming materials shall be distributed by the director.
(P.A. 00-96, S. 17, 25.)
History: P.A. 00-96 effective July 1, 2000.
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Sec. 22-111rr. Prohibited sales. (a) No agricultural liming material may be sold or offered for sale in this state unless it complies with provisions of sections 22-111nn to 22-111xx, inclusive.
(b) No agricultural liming material may be sold or offered for sale in this state if: (1) It contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plant or animal life when applied in accordance with directions for use on its label or if adequate warning statements and directions for use that may be necessary to protect beneficial plant or animal life are not on the label; or (2) any information or statement appears on any package, label, delivery slip, ticket, invoice or advertising matter that is false or misleading to the purchaser as to the quality, analysis, composition or commercial value of the agricultural liming material.
(P.A. 00-96, S. 18, 25.)
History: P.A. 00-96 effective July 1, 2000.
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Sec. 22-111ss. Stop-sale orders. The commissioner may issue and enforce an order to the owner or custodian of any lot of agricultural liming material to stop the sale or use of such material and to hold such material at a designated place when the commissioner finds such material is being offered for sale in violation of any of the provisions of sections 22-111nn to 22-111xx, inclusive. The commissioner may rescind such order in writing when such provisions have been complied with and all costs and expenses incurred in connection with complying with the order have been paid. The distributor shall be entirely responsible for any costs associated with such order and shall assume all liability for distribution of liming materials deemed adulterated.
(P.A. 00-96, S. 19, 25.)
History: P.A. 00-96 effective July 1, 2000.
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Sec. 22-111tt. Interstate agreements. The Commissioner of Agriculture may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government and private associations in order to carry out the purposes and provisions of sections 22-111nn to 22-111xx, inclusive.
(P.A. 00-96, S. 20, 25; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 00-96 effective July 1, 2000; 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.
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Sec. 22-111uu. Revocation, suspension or denial of registration. Refusal to register. The commissioner may revoke or suspend the registration of, or refuse to issue a registration to, any person who has wilfully violated any of the provisions of sections 22-111nn to 22-111xx, inclusive.
(P.A. 00-96, S. 21, 25.)
History: P.A. 00-96 effective July 1, 2000.
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Sec. 22-111vv. Regulations. The Commissioner of Agriculture may adopt regulations, in accordance with the provisions of chapter 54, to carry out the provisions of sections 22-111mm to 22-111xx, inclusive. Such regulations may include provisions regarding sampling, analytical methods, minimum percentages, agricultural liming material ingredients, exempted materials, investigational allowances, definitions, records, labels or labeling, liability bonds, misbranding, mislabeling and the distribution of agricultural liming materials. In the interest of uniformity, the commissioner may adopt in such regulations, unless the commissioner determines that they are not appropriate to conditions that exist in this state, the official definitions of agricultural liming material ingredients, official regulations and the official agricultural liming material terms adopted by the Association of American Plant Food Control Officials and published in its official publication and may incorporate by reference any other provisions that the association adopts for the regulation of agricultural liming materials.
(P.A. 00-96, S. 22, 25; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 00-96 effective July 1, 2000; 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.
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Sec. 22-111ww. Sale and use of existing inventories. Notwithstanding the provisions of sections 22-111mm to 22-111vv, inclusive, registrants may sell or use existing inventories of liming materials until July 1, 2001.
(P.A. 00-96, S. 23, 25.)
History: P.A. 00-96 effective July 1, 2000.
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Sec. 22-111xx. Penalties. Any person who violates section 22-111nn or 22-111oo shall be assessed a civil penalty in an amount not to exceed one thousand dollars for each violation. Any person who violates section 22-111rr, or an order issued under section 22-111ss, shall be assessed a civil penalty in an amount not less than one thousand dollars or more than two thousand five hundred dollars for each violation. The Attorney General, upon complaint of the commissioner, may institute a civil action to recover such penalty in the superior court for the judicial district of Hartford. All actions brought by the Attorney General shall have precedence in the order of trial as provided in section 52-191. The Superior Court, in an action brought by the Attorney General at the request of the commissioner shall have jurisdiction to restrain a continuing violation of said sections and to issue orders directing that the violation be corrected or removed.
(P.A. 00-96, S. 24, 25.)
History: P.A. 00-96 effective July 1, 2000.
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Sec. 22-111yy. Application of fertilizers, soil amendments and compost containing phosphates. Regulations. Penalty. (a) For the purposes of this section:
(1) “Established lawn” means any area of ground that is covered with any species of grass for two or more growing seasons and that is customarily kept mowed;
(2) “Golf course” means an area solely designated for the play or practice of the game of golf, including, but not limited to, surrounding grounds, trees and ornamental beds; and
(3) “Impervious surface” means any structure, surface or improvement that reduces or prevents absorption of stormwater into land, including, but not limited to, porous paving, paver blocks, gravel, crushed stone, decks, patios and elevated structures.
(b) Notwithstanding chapter 427a, no person shall apply fertilizer, as defined in section 22-111b, any soil amendment, as defined in section 22-111aa, or any compost that contains phosphate to an established lawn, except when: (1) A soil testing method approved by the Commissioner of Agriculture and performed within the previous two years indicates the soil is lacking in phosphorus and fertilizer, soil amendments or compost containing phosphate is needed for the growth of such lawn, or (2) such fertilizer, soil amendment or compost containing phosphate is used for establishing new grass or repairing such lawn with seed or sod.
(c) The provisions of this section shall not apply to: (1) Property classified as agricultural land, as defined in section 22-26bb, or (2) a golf course.
(d) Notwithstanding subsection (b) of this section, no person shall apply any fertilizer, as defined in section 22-111b, soil amendment, as defined in section 22-111aa, or compost that contains phosphate to any lawn during the period beginning December first and ending March fifteenth of the following year.
(e) Notwithstanding chapters 427a and 441 and subsections (b) and (d) of this section, no person shall apply any fertilizer, as defined in section 22-111b, soil amendment, as defined in section 22-111aa, or compost that contains phosphate to any portion of a lawn that is located twenty feet or less from any brook, stream, river, lake, pond, sound or any other body of water, except if such fertilizer, soil amendment or compost is applied with the use of a drop spreader, rotary spreader with a deflector or targeted spray liquid, such application may occur on any portion of lawn that is located not less than fifteen feet from any such brook, stream, river, lake, pond, sound or any other body of water.
(f) No person shall apply any fertilizer, as defined in section 22-111b, soil amendment, as defined in section 22-111aa, or compost that contains phosphate to any impervious surface.
(g) For use by the general public or posting and distribution at retail points of sale, the Commissioner of Agriculture may approve consumer information on use restrictions and best practices for fertilizer, soil amendments and compost that contain phosphate.
(h) The Commissioner of Agriculture may adopt regulations, in accordance with chapter 54, to implement the provisions of this section.
(i) Any person who violates subsection (b), (d), (e), (f) or (g) of this section shall be assessed a civil penalty by the Commissioner of Agriculture of five hundred dollars.
(j) Nothing in this section shall be construed to prohibit the use of any fertilizer, soil amendment or compost that contains 0.67 per cent or less phosphate.
(P.A. 12-155, S. 2.)
History: P.A. 12-155 effective January 1, 2013.
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