Bill Text: AZ HB2646 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced
Bill Title: Pesticides; fertilizer; PFAS; prohibition
Spectrum: Partisan Bill (Democrat 7-0)
Status: (N/A) - [HB2646 Detail]
Download: Arizona-2025-HB2646-Introduced.html
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REFERENCE TITLE: pesticides; fertilizer; PFAS; prohibition |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HB 2646 |
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Introduced by Representatives Liguori: Austin, Blattman, Contreras P, Garcia, Márquez, Sandoval
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AN ACT
amending sections 3-264, 3-283 and 3-352, Arizona Revised Statutes; RELATING to pesticides and fertilizer.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 3-264, Arizona Revised Statutes, is amended to read:
3-264. Enforcement and administrative powers
A. The associate director may refuse to license or may cancel the license of any distributor who violates any provision of this article. The director shall review the associate director's action on request of any person that is adversely affected by the action.
B. The director may, after an opportunity for a hearing:
1. Determine and publish at least annually the values per unit of weight of nitrogen, phosphorus and potassium in commercial fertilizers in the this state for the purpose of assessing penalties on commercial fertilizers under the provisions of section 3-276.
2. Adopt rules that the director deems necessary for the efficient administration and enforcement of this article, including the collection and examination of samples of fertilizer materials, and rules pertaining to composition and use of fertilizer materials, including, without limiting the foregoing general terms, the establishment of tolerances, deficiencies and penalties where not specifically provided for in this article.
3. Prohibit the sale or use in fertilizer materials of any substance proven to be detrimental to agriculture.
4. Provide for incorporating into commercial fertilizers other such substances as pesticides and provide for proper labeling of the mixture.
5. Prescribe the information which shall appear on the tag, other than as specifically set forth in this article.
C. Beginning from and after DECEMBER 31, 2026, the director shall prohibit the distribution and use of any fertilizer, including biosolids and sewage sludge, that CONTAINS PERFLUOROALKYL or POLYFLUOROALKYL SUBSTANCES or any amount of a substance that belongs to the class of fluorinated organic chemicals with two or more fully FLUORINATED carbon atoms.
Sec. 2. Section 3-283, Arizona Revised Statutes, is amended to read:
3-283. Violations; notice; criminal classification; injunctive relief
A. If it appears from the examination of any fertilizer material that any of the provisions of this article or the rules adopted under this article have been violated, the director shall pursue one or more of the following courses of enforcement, as appropriate:
1. The director may Cause notice of the violation to be given to the licensee or person responsible for placing the fertilizer material on sale. Any person so notified shall be given opportunity to be heard. If the hearing officer finds, either in the presence or absence of the person so notified, that any of the provisions of this article or rules adopted under this article have been violated, the director may certify the facts to the department legal counsel or the county attorney.
2. The director may Request the county attorney to initiate criminal prosecution under this paragraph. Except for a VIOLATION of section 3-264, subsection C, any person who knowingly violates any provision of this article or the rules adopted under this article is guilty of a class 2 misdemeanor.
4. 3. The director may Apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule adopted under this article notwithstanding the existence of other remedies at law.
3. B. Nothing in This article shall be construed as requiring does not require the director or the director's representative to report for prosecution or for the institution of seizure proceedings minor violations of this article if the director believes that the public interest will be best served by a suitable notice of warning in writing.
B. C. Any monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
Sec. 3. Section 3-352, Arizona Revised Statutes, is amended to read:
3-352. Prohibited acts
A. It is unlawful for any person who is acting independently or as agent to distribute any pesticide:
1. Any pesticide That has not been is not registered pursuant to section 3-351, or any pesticide if any of the claims made for it or any of the directions for its the pesticide's use differ in substance from the representations made in connection with its the pesticide's registration, or if the composition of a the pesticide differs from its the pesticide's composition as represented in connection with its the pesticide's registration, but at the discretion of the director, a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product.
2. Any pesticide Unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to such container, and to the outside container or wrapper of the retail package, if there is one, through which the required information on the immediate container cannot be clearly read, a label bearing:
(a) The name and address of the manufacturer, registrant or person for whom manufactured.
(b) The name, brand or trademark under which the article is sold.
(c) The net weight or measure of the content subject, however, to such reasonable variations as the state may permit.
3. Any pesticide That contains any substance or substances in quantities that are highly toxic to humans, determined as provided in section 3-343, unless the label bears, in addition to any other matter required by this article:
(a) Warning statements or symbols required by regulation.
(b) A statement of a practical treatment, or of first aid or otherwise in case of poisoning caused by the pesticide.
4. Any pesticide That is adulterated or misbranded, or any device that is misbranded.
5. Any pesticide the label of which That does not contain bear a label that includes the necessary information, which information the director has prescribed by rule as prescribed by the director by rule.
6. Beginning from and after DECEMBER 31, 2026, that CONTAINS PERFLUOROALKYL or POLYFLUOROALKYL SUBSTANCES or that contains any amount of a substance that belongs to the class of fluorinated organic chemicals with two or more fully FLUORINATED carbon atoms.
B. It is unlawful:
1. For any person to detach, alter, deface or destroy, wholly or in part, any label or labeling provided for in this article or rules adopted under this article, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purposes of this article.
2. For any person to use for his the person's own advantage or to reveal, other than to the director or the proper officials or employees of the this state or to the courts of the this state in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons for use in the preparation of preparing antidotes, any information relative to formulas of products acquired by authority of section 3-351.
