HB152: relative to soil and plant additives.

CHAPTER 82

HB 152 - FINAL VERSION

03/30/2023 1141s

2023 SESSION

23-0379

08/04

HOUSE BILL 152

AN ACT relative to soil and plant additives.

SPONSORS: Rep. Bixby, Straf. 13; Rep. Comtois, Belk. 7; Sen. Avard, Dist 12

COMMITTEE: Environment and Agriculture

ANALYSIS

This bill defines soil and plant additives and makes provisions therefor.

This bill is a request of the department of agriculture, markets, and food.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/30/2023 1141s 23-0379

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to soil and plant additives.

Be it Enacted by the Senate and House of Representatives in General Court convened:

82:1 Soil and Plant Additives. The chapter title in RSA 431 is repealed and reenacted to read as follows:

SOIL AND PLANT ADDITIVES

82:2 New Section; Soil and Plant Additives; Definition. Amend RSA 431 by inserting after section 1 the following new section:

431:1-a Soil and Plant Additives. "Soil and plant additives" means substances added to soils or applied to plants to improve soil nutrient content, soil structure, soil biological activity, nutrient accessibility to plants, plant microbiome characteristics, and plant uptake of nutrients, including soil applied and foliar fertilizers, limes, other mineral additives, compost, manure, soil amendments, plant amendments and plant biostimulants.

82:3 Soil and Plant Additives; Inspection Fees; Tonnage Reports; Proscribed by Rules. Amend RSA 431:6, II to read as follows:

II. Every registrant who distributes fertilizer in the state shall file with the commissioner a semiannual statement for the reporting period setting forth the number of net tons of each fertilizer so distributed in this state during such period. The report shall be due on or before 30 days following the close of the filing period and upon filing such statement the registrant shall pay an inspection fee. If the tonnage report is not filed and the payment of inspection fees is not made within 30 days after the end of the specified filing period, a collection fee, [amounting to 10 percent (minimum $10) of the amount due,] established by the commissioner in rules adopted pursuant to RSA 541-A shall be assessed against the registrant and added to the amount due.

82:4 Soil and Plant Additives; Deficiencies. Amend RSA 431:8, IV to read as follows:

IV. Penalty payments received from the registrant shall be refunded to the consumer of the fertilizer which has been analyzed and found deficient, provided that the purchase is of [one] one-half ton or more. Penalty payments on lots of fertilizer which have been analyzed and found deficient and whose purchaser cannot be found shall be deposited in the general fund as unrestricted revenue.

82:5 Commercial Value. Amend RSA 431:9 to read as follows:

431:9 Commercial Value. For the purpose of determining the commercial value to be applied under the provisions of RSA 431:8, [the commissioner shall determine and publish annually the values per unit of nitrogen, available phosphate, and soluble potash in fertilizers in this state. The value so determined and published shall be used in determining and assessing penalty payments.] the commissioner shall determine the value of the deficient lot based on the invoiced price.

82:6 Repeal. RSA 431:4-c, relative to existing inventories of banned soil additives, is repealed.

82:7 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 20, 2023

Effective Date: August 19, 2023