Requires the department of health to establish a labeling program that establishes more stringent standards than the current U.S. environmental protection agency and association of American plant food control officials standards, and limits imports of fertilizers to those that meet the more stringent standards. (SD2)

A BILL FOR AN ACT

SECTION 1. The legislature finds that residents and the environment are being exposed each year to a large number of hazardous substances that are used in fertilizers. This exposure is without the public's knowledge or consent. There is significant scientific uncertainty about the environmental transport and plant uptake rates for these hazardous substances. Current regulations fail to systematically integrate economic and environmental goals. Fertilizers that fail to meet the state standards for total controlled substances pose an emergency situation because they may contain hazardous substances at levels that are harmful to humans, animals, beneficial plant life, and aquatic life, and that are detrimental to the soil and water.

The purpose of this Act is to require the department of health to establish a labeling program that:

SECTION 2. Chapter 342J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§342J-   Labeling; fertilizer. (a) The department of health shall develop and implement a labeling program that:

(b) As used in the section:

"Fertilizer" means a substance containing one or more recognized plant nutrients and that is used for its plant nutrient content or that is designated for use or is claimed to have value in promoting plant growth, including manipulated animal and vegetable manure, and commercial, bulk, custom, and specialty fertilizer; provided that it shall not include unmanipulated animal and vegetable manure, organic waste-derived material, lime, gypsum, or any other product that the department may exempt pursuant to rules adopted in accordance with chapter 91.

"Hazardous substance" means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted pursuant to chapter 91, regardless of whether the substance is waste or virgin material as defined under state or federal law.

"Labeling" includes all written, printed, or graphic matter on or accompanying a fertilizer, including any advertisement, brochure, or poster that is used to promote the sale of the fertilizer.

"Organic waste" means grass clippings, leaves, weeds, bark, plantings, prunings, and any other vegetative waste, uncontaminated wood waste from logging and milling operations, food waste, food processing waste, and materials derived from these wastes through composting.

"Waste-derived product" means any fertilizer, agricultural mineral, agricultural amendment, or liming material derived in whole or in part from hazardous waste as defined in section 342J-2 or in rules adopted pursuant to chapter 91, or solid waste as defined in section 342G-1 or in rules adopted pursuant to chapter 91; provided that it shall not include biosolids, biosolids-derived products, domestic septage, domestic wastewater treatment facility solids, reclaimed water, or treated effluent.

(c) The department shall adopt rules, including penalties, pursuant to chapter 91 for the purposes of this section."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.