Sec. 1. 7 MRSA §747, sub-§3 is amended to read:

3. Other materials. If it is found to contain any pulverized leather, hair, ground hoofs, horns, wool waste, peat, garbage tankage or any nitrogenous ingredients derived from any inert material whatsoever, unless the same has been so treated as to be available as plant food as determined by the methods adopted by the Association of Official Agricultural Chemists, without an explicit printed statement of fact, conspicuously affixed to the package of such fertilizer and accompanying and going with every lot or package of the same, in which fertilizer the above named materials aid in making up the required or guaranteed analysis.; or

Sec. 2. 7 MRSA §747, sub-§4 is enacted to read:

4.__Arsenic levels.__If it contains levels of total arsenic in excess of 500 parts per million.

Sec. 3. Study of arsenic-containing materials. The Department of Human Services, Bureau of Health and the Department of Environmental Protection shall jointly study and make recommendations concerning environmentally acceptable arsenic levels in other products and materials, including, but not limited to, pressure- treated wood. The departments shall submit legislation necessary to implement recommendations by November 1, 2002 to the Legislature.

SUMMARY

This bill bans the sale of fertilizer with a total arsenic level of more than 500 parts per million and requires the Department of Environmental Protection and the Department of Human Services, Bureau of Health to study and make recommendations concerning environmentally acceptable arsenic levels in other products.