Sets standards for metal content in commercial fertilizers sold in this state

Title of bill

An act to amend the agriculture and markets law, in relation to metals in commercial fertilizers

Purpose

The bill prohibits the sale and distribution of commercial fertilizers with levels of arsenic, cadmium, cobalt, lead, molybdenum, nickel, selenium, or zinc that, when used as recommended, would be detrimental to plant life; or that are mislabeled; and provides testing protocols for the above.

Summary of provisions

Section 1 amends section 146-b of the agriculture and markets law to deem a commercial fertilizer adulterated if it contains levels of any ingredient that would render it injurious to beneficial plant life; or if it is mislabeled; or if its contents exceed the standards provided in section 146-g of the agriculture and markets law; or it contains unwanted crop seed or weed seed.

Section 2 amends the agriculture and markets law by adding a new section 146-g which sets standards for certain metals in commercial fertilizers, sets concentration levels for each metal at which fertilizers would then be deemed adulterated, and sets testing protocols by which those levels will be determined.

Section 3 provides that this act will take effect on the first of January next succeeding the date on which it shall have become a law, with provisions.

Justification

Certain commercial fertilizer products may contain ingredients that may be harmful to the health of humans, plants and animals. Many gardeners and homeowners, as well as farmers, utilize these products on their lawns and gardens. Of particular concerns are home and garden fertilizers derived from mine tailings. Significant adverse health effects can result from exposure to these pollutants, some examples of which are below.

Inhaling arsenic can result in a sore throat or irritated lungs while ingesting it in elevated quantities can cause death. Lower level exposure can result in decreased red and white blood cell production, nausea, vomiting, blood vessel damage and abnormal heart rhythm.

Prolonged ingestion can also result in skin darkening and Corn and wart-like growths on the palms, soles and torso. Arsenic has also been shown to increase, lung, skin, bladder, liver, kidney and prostate cancer risk and is recognized by the World Health Organization, the Department of Health and Human Services and the EPA as a human carcinogen. It is believed that arsenic has similar affects on children as adults.

Lead is a metal with known detrimental health effects for humans. It can have a negative effect on virtually every organ and system in the human body, with the most easily distressed being the central nervous system. Lead can hurt the kidneys and reproductive system as well. High exposure levels can result is lower reaction time, weakness in the extremities, memory capacity alteration and male reproductive harm. Children are most vulnerable to the evils of lead. If substantial amounts are ingested, blood anemia, severe stomachache, muscle weakness and brain damage can result. A child's mental and physical growth can be impaired by lower exposure levels. This bill aims to assure that contaminated fertilizers are not used in this state. LEGISLATIVE HISTORY : 2007-2008: S.7960 2006: S.8240 - Passed Senate

Fiscal implications

None.

Effective date

This act shall take effect on the first day of January next succeeding the date on which it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.