LRB-1926/1
RCT:jld:nwn
2007 - 2008 LEGISLATURE
June 14, 2007 - Introduced by Representatives Bies, Ballweg, Berceau, Black,
Boyle, Hubler, Jorgensen, Lothian, Molepske, Richards, Sherman, Smith,
Tauchen and Van Roy, cosponsored by Senators Miller, Cowles, Hansen,
Jauch, A. Lasee, Lehman, Risser, Sullivan and Breske. Referred to
Committee on Natural Resources.
AB396,1,3
1An Act to create 94.643 of the statutes;
relating to: restrictions on the use and
2sale of fertilizer containing phosphorus and other lawn fertilizer and providing
3a penalty.
Analysis by the Legislative Reference Bureau
This bill generally prohibits the application of fertilizer that contains
phosphorus to lawns, golf courses, and other mowed grassy areas (turf). The
prohibition does not apply to land used for agricultural production. The bill
authorizes the use of fertilizer that contains phosphorus to establish grass during the
first growing season. The bill also authorizes the application of fertilizer containing
phosphorus to an area if a soil test shows that the soil in the area is deficient in
phosphorus. The bill prohibits the application of fertilizer to turf when the ground
is frozen. The bill also prohibits the application of lawn fertilizer to an impervious
surface and requires a person who spills lawn fertilizer onto an impervious surface
to immediately remove the fertilizer.
This bill prohibits the retail sale of lawn fertilizer containing phosphorus
unless the fertilizer is sold for one of the purposes for which it is authorized to be used.
The bill prohibits a retailer from displaying lawn fertilizer that contains phosphorus,
but authorizes a retailer to post a sign stating that lawn fertilizer containing
phosphorus is available upon request for the purposes for which the bill allows it to
be used.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB396, s. 1
1Section
1. 94.643 of the statutes is created to read:
AB396,2,3
294.643 Restrictions on the use and sale of fertilizer containing
3phosphorus. (1) Definitions. In this section:
AB396,2,44
(a) "Fertilizer" has the meaning given in s. 94.64 (1) (e).
AB396,2,85
(b) "Turf" means land, including residential property, golf courses, and publicly
6owned land, that is planted in closely mowed, managed grass, except that "turf" does
7not include pasture, land used to grow grass for sod, or any other land used for
8agricultural production.
AB396,2,10
9(2) Restrictions on use. (a) Except as provided in par. (b), no person may apply
10to turf fertilizer that is labeled as containing phosphorus.
AB396,2,1311
(b) 1. Paragraph (a) does not apply to a person who applies fertilizer in order
12to establish grass, using seed or sod, during the growing season in which the person
13began establishing the grass.
AB396,2,1714
2. Paragraph (a) does not apply to a person who applies fertilizer to an area if
15the soil in the area is deficient in phosphorus, as shown by a soil test performed, no
16more than 36 months before the application, by a laboratory that is certified by the
17department to conduct tests for soil phosphorus.
AB396,2,1818
(c) No person may apply fertilizer to turf when the ground is frozen.
AB396,2,2119
(d) No person may intentionally apply lawn fertilizer to an impervious surface.
20A person who accidentally applies lawn fertilizer to an impervious surface shall
21immediately remove the fertilizer.
AB396,3,3
1(3) Restriction on sale. No person may sell at retail lawn fertilizer that is
2labeled as containing phosphorus, except that a person may sell at retail lawn
3fertilizer that is labeled as containing phosphorus for any of the following purposes:
AB396,3,54
(a) For establishing grass, using seed or sod, during the growing season in
5which the purchaser began establishing the grass.
AB396,3,86
(b) For application to an area if the soil in the area is deficient in phosphorus,
7as shown by a soil test performed no more than 36 months before the application by
8a laboratory that is certified by the department to conduct tests for soil phosphorus.
AB396,3,109
(c) For application to pasture, land used to grow grass for sod, or any other land
10used for agricultural production.
AB396,3,14
11(4) Restriction on display. No person who sells fertilizer at retail may display
12lawn fertilizer that is labeled as containing phosphorus. A person who sells fertilizer
13at retail may post a sign advising customers that lawn fertilizer containing
14phosphorus is available upon request for uses permitted by sub. (2) (b).
AB396,3,17
15(5) Penalty. Any person who violates this section may be required to forfeit not
16more than $50 for a first violation and not less than $200 nor more than $500 for a
172nd or subsequent violation.
AB396,3,2019
(1)
This act takes effect on the first day of the 12th month beginning after
20publication.
