An Act Concerning Fertilizer and Lime Products

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  it is imperative that this legislation take effect for the upcoming planting season; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Sec. 1. 7 MRSA §742, sub-§1-A  is enacted to read:

Sec. 2. 7 MRSA §742, sub-§4  is repealed and the following enacted in its place:

Sec. 3. 7 MRSA §742, sub-§11-A  is enacted to read:

Sec. 4. 7 MRSA §742, sub-§17  is enacted to read:

Sec. 5. 7 MRSA §743-B  is enacted to read:

§ 743-B.  Exemption for biosolids

Sections 743 and 743-A do not apply to packaged biosolids or unpackaged biosolids that are derived primarily from residuals regulated by Title 38, chapter 13 and by rules adopted by the Department of Environmental Protection governing solid waste management matters concerning composting facilities and the agronomic utilization of residuals when those biosolids include a legible and conspicuous disclaimer on their marketing materials and labeling specifically stating: "This product is not a commercial fertilizer, and any nutrient claims are not a guaranteed analysis." If a fertilizer material percentage statement appears on a label or accompanying delivery documentation, except for those products for which delivery documentation is required by Department of Environmental Protection rule, that product must be registered as a fertilizer.

Sec. 6. 7 MRSA §764-A  is enacted to read:

§ 764-A.  Exemption for industrial by-products

Section 764 does not apply to unpackaged industrial by-products derived primarily from residuals regulated by Title 38, chapter 13 and by rules adopted by the Department of Environmental Protection governing solid waste management matters concerning composting facilities and the agronomic utilization of residuals when those industrial by-products include a legible and conspicuous disclaimer on their marketing materials and labeling specifically stating: "This product is an industrial by-product, and any claims of neutralizing value and fineness are not guarantees."

Industrial by-products exempted under this section need not comply with sections 765 and 766.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.