SB33

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. The use of fertilizers that fail to meet the state standards for total controlled substances poses an emergency situation because these fertilizers may contain levels of hazardous substances that make them detrimental to our soil and water and harmful to humans, animals, beneficial plant life, and aquatic life.

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

(1) Establishes more stringent standards than the current United States Environmental Protection Agency and Association of American Plant Food Control Officials standards;

(2) Limits imports of fertilizers to those that meet the more stringent standards; and

(3) Informs a consumer of the presence of any hazardous or waste-derived substance in a fertilizer.

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:

(1) Establishes more stringent standards than the current United States Environmental Protection Agency and Association of American Plant Food Control Officials standards;

(2) Limits imports of fertilizers to those that meet the more stringent standards; and

(3) Notifies a consumer of the presence of any hazardous or waste-derived substance in a fertilizer.

(b) As used in the section:

"Fertilizer" means a substance containing one or more recognized plant nutrients that is used for its plant nutrient content or is designated for that 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 the term shall not include unmanipulated animal and vegetable manure, organic waste-derived material, lime, gypsum, or any other product exempted by the department under subsection (d).

"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.

(1) Implement this section generally;

(2) Establish appropriate penalties that shall not exceed class C felonies; and

(3) Exempt products from the applicability of this section, if any, as deemed appropriate by the department."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	33
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII