Field Spray myself, then it wouldn't have to be registered. Here are two emails
I got from Randy, my nemesis yesterday andtoday. Here is Title 22,
Chapter 22-2205 Registration, Chapter 22-2218 Violations, Chapter 22-2219
Remedies for Violations from Idaho Statutes. Myconclusion is that I will have
to jump through the hoop. Hugh Courtney can't afford to. I will attempt to collect
$5.00 from 19 families that liv on the road to be donated to the Josephine Porter
Institute for registration of Pfeiffer Field Spray for use on Rapid Lightning Road.
Otherwise, I will have to pay the fee myself or let it all go to waste. That would
be ashamed.
Randy likes to make me jump through hoops and he creates these situations
whenever he can. Out west, people are much more nasty over who's
in charge.
They are really hostile to environmentalists.
I am now the Secretary of the Weed Committee. I used to be the
Secretary of
the Democratic Central Committee. They will take all your hours
of work, but
you are not entitled to have your point-of-view actualized in the system.
If you
try to act politically, you will find that there are rules which will
stop you from
"winning." It's a closed system with an unlevel playing field.
I'm just trying to keep our road from being sprayed with Curtail (2,4-D
and
Clopyralid) and Escort. To do this, we residents have to do the
job ourselves.
We have a cost-share grant because they injured a chemically sensitive
resident
when they sneaked in and sprayed. The up side of Glenn's hyper
sensitive
reaction is that it showed graphically to the road residents that the
herbicide is
dangerous to humans.
I used to be a solar groupie starting in 1979. I went to all the
International Solar
Energy Society meetings and listened to the inventors give presentations
on all
facets of solar energy. At a certain point, the big corporations
made each one an
offer they couldn't refuse for their product/invention and it was either
suppressed
or changed. It was a heady time for me. I guess I am drawn
to inventors. I
hope this does not happen to you all. Somehow, Hugh Courtney
and the
traditional Biodynamic group avoided this by a combination of secretiveness
and
a low profile. I hate to register Pfeiffer Field Spray because
it gives them all the
details. I respect Hugh Courtney and I don't want to cause any
changes in what
JPI is doing. He is very concerned about not wanting to be materialistic.
Merla
Merla,
I don't think you understand the problem. I personally don't care
what you use on your project, but what ever
you use should be both safe and effective.
It is against the law to use any pesticide, ferterlizer soil ammendant,
of what ever unless it
is registered with the Idaho Dept. of Agrticulture.
It would be pretty stupid for the Weed Board to OK the use of
money from the Dept. of Ag. to use an illegal
product.
Furthermore you seem to worry a whole lot about how bad chemicals
are, but seem to forget that some
biological agents, can be devastating to agriclulture.
Randy
He softens in the second email, but the answer is the same
Merla,
I finally got back to your email and read it again...
No I do not think that we can, or should pay for the registration
of the
product. If the company selling it has enough confidence in the
stuff
and they want to sell it in Idaho they can register it.
If you have been using it on the road, please stop. You are breaking
the
law. If in any way shape of form it looks like the board is
condoning
the use of an unregistered product we can all get in
deep trouble.
Bye Randy
TITLE 22
AGRICULTURE AND HORTICULTURE
CHAPTER 22
SOIL AND PLANT AMENDMENTS
22-2205. PRODUCTS -- REGISTRATION REQUIRED.
(1) Each separately
identifiable soil amendment or plant amendment product shall be registered
before being distributed in this state. The application for registration
shall
be submitted to the department on a form furnished by the department,
and
shall be accompanied by a nonrefundable fee of one hundred dollars
($100) per
product and a label of each product, unless a current label is on file
at the
department. Companies planning to mix customer formula soil amendments
or
plant amendments shall include the statement "customer formula mixes"
under
the "products" column on the registration application form. Upon approval
by
the department, a certificate of registration shall be furnished to
the
applicant.
(2) In determining whether a label statement
of an ingredient is
appropriate, the department may require the submission of a written
statement
describing the method of laboratory analysis used, the source of all
ingredient material and any reference material relied on to support
the label
statement or guarantee of the ingredients.
(3) Upon receipt of a complete application
for registration of a product,
the department may test and analyze an official sample of the product
to
determine whether the contents of the official sample conform to the
label. In
his discretion, the director may also require an applicant for registration
of
a soil amendment or a plant amendment to submit any data concerning
the
efficacy or safety of the product for its intended use.
(4) Refusal to register, denial, suspension.
(a) If it appears to the director that composition
of the soil amendment
or plant amendment does not warrant the proposed
claims for it, or if the
soil amendment or plant amendment and its labeling
or other material
required to be submitted do not comply with this
chapter or rules adopted
under this chapter, the director shall notify the
applicant of the manner
in which the soil amendment or plant amendment labeling
or other material
required to be submitted fails to comply with this
chapter so as to give
the applicant an opportunity to make the necessary
corrections. If the
applicant does not make the required changes within
ninety (90) days from
the receipt of the notice, the director may refuse
to register the soil
amendment or plant amendment. The applicant may
request a hearing as
provided in the administrative procedure act, chapter
52, title 67, Idaho
Code.
(b) When the director determines that a soil
amendment or plant amendment
or its labeling does not comply with this chapter
or rules adopted under
this chapter, or when necessary to prevent unreasonable
adverse effects on
the environment, the director may refuse to register
or may suspend,
revoke or modify the registration of the soil amendment
or plant amendment
in accordance with the provisions of the administrative
procedure act,
chapter 52, title 67, Idaho Code.
(5) Registrations are effective through the
last day of the calendar year
in which they are issued. If a registration is being renewed, the director
may
suspend the requirement that a soil amendment or plant amendment be
analyzed
if there is no material change in the label for the product.
(6) If the application for renewal of the
soil amendment or plant
amendment registration provided for in this section is not submitted
before
February 1 of any one (1) year, a penalty of ten dollars ($10.00) per
product
shall be assessed and added to the original fee. The applicant
shall pay the
penalty before the renewal soil amendment or plant amendment registration
may
be issued.
(7) Any waste-derived soil amendment or waste-derived
plant amendment
distributed as a single ingredient product or blended with other soil
amendments or plant amendment ingredients must be identified as "waste-derived
soil amendment or plant amendment" by the applicant in the application
for
registration.
(8) An applicant applying to register a waste-derived
soil amendment or
plant amendment shall state in the application the concentration of
metals or
metalloids including, but not limited to, arsenic (As), cadmium (Cd),
mercury
(Hg), lead (Pb), and selenium (Se). The applicant shall provide a laboratory
report or other documentation verifying the levels of the metals or
metalloids
in the waste-derived soil amendment or plant amendment.
(9) A distributor is not required to register
a soil amendment or plant
amendment product that is already registered under this chapter, so
long as
the label remains unchanged.
Idaho Statutes
TITLE 22
AGRICULTURE AND HORTICULTURE
CHAPTER 22
SOIL AND PLANT AMENDMENTS
22-2218. VIOLATIONS. It is unlawful to:
(1) Distribute a misbranded soil amendment
or plant amendment;
(2) Fail, refuse or neglect to place upon
or attach to each container of
distributed soil amendment or plant amendment a label containing the
information required by this chapter;
(3) Fail, refuse or neglect to deliver to
a purchaser of bulk soil
amendments or plant amendments, a statement containing the information
required by this chapter;
(4) Distribute a soil amendment or plant amendment
which has not been
registered with the department;
(5) Distribute a soil amendment or plant amendment
containing viable
noxious weed seeds, as specified in section 22-2215(3), Idaho Code;
(6) Distribute an adulterated soil amendment
or plant amendment;
(7) Distribute a soil amendment or plant amendment
weighing less than
that which it is purported to weigh;
(8) Distribute a soil amendment or plant amendment
different from the
guaranteed analysis purported on the label;
(9) Fail or refuse to provide, keep or maintain
records and information
as required by this chapter;
(10) Fail to stop distribution of a soil amendment
or plant amendment
product under a stop-sale order as authorized under section 22-2217,
Idaho
Code; or
(11) Fail to disclose to the director, when requested,
sources of
potentially deleterious components, which components shall be established
by
rule.
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as a public service. This Internet version
of the Idaho Code may not be used for commercial purposes, nor may
this database be published or repackaged for
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Search the Idaho Statutes
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According to Idaho law, any person who reproduces or distributes the
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violation of the provisions of this statute shall be deemed to be an
infringer of the state of Idaho's copyright.
TITLE 22
AGRICULTURE AND HORTICULTURE
CHAPTER 22
SOIL AND PLANT AMENDMENTS
22-2219. REMEDIES FOR VIOLATION. (1) A person
convicted of violating this
chapter or the rules adopted under this chapter or who impedes, obstructs,
hinders or otherwise prevents or attempts to prevent the director or
a duly
authorized agent from the performance of his duty in connection with
this
chapter, is guilty of a misdemeanor and shall be fined not more than
five
hundred dollars ($500) for the first violation and not more than one
thousand
five hundred dollars ($1,500) for a subsequent violation. In all prosecutions
under this chapter involving the composition of a lot of a commercial
soil and
plant amendment product, a certified copy of the official analysis
signed by
the director or his duly authorized agent shall be accepted as prima
facie
evidence of the composition.
(2) A person who violates or fails to comply
with this chapter or any
rules adopted under this chapter may be assessed a civil penalty by
the
department or its duly authorized agent of not more than ten thousand
dollars
($10,000) for each offense and shall be liable to the department for
reasonable attorney's fees. The department may assess a civil penalty
in
conjunction with any other department administrative action. No civil
penalty
may be assessed unless the person charged was given notice and opportunity
for
a hearing under the Idaho administrative procedure act, chapter 52,
title 67,
Idaho Code. If the director is unable to collect the penalty or if
a person
fails to pay all or a set portion of the civil penalty as determined
by the
department, the department may recover the amount in an action in the
appropriate district court. A person against whom the director has
assessed a
civil penalty under this section may, within thirty (30) days of the
final
action by the agency making the assessment, appeal the assessment to
the
district court of the county in which the violation is alleged by the
department to have occurred.
(3) Nothing in this chapter requires the director
or a duly authorized
representative to report minor violations of this chapter for prosecution,
or
for the institution of seizure proceedings, when the director believes
that
the public interest will be best served by a suitable notice of warning
in
writing.
(4) A prosecuting attorney to whom any violation
is reported shall,
without delay, cause appropriate proceedings to be instituted and prosecuted
in a court of competent jurisdiction. Before the director reports a
violation
for prosecution by a prosecuting attorney, the director shall give
the person
charged with the violation an opportunity to present his view to the
director.
(5) The director may apply for and the court
is authorized to grant a
temporary or permanent injunction restraining any person from violating
or
continuing to violate this chapter or any rule adopter adopted
under this
chapter notwithstanding the existence of other remedies of law. An
injunction
shall be issued without bond.
Dave Robison wrote:
Merla, perhaps I don't understand the registration issues.
Why do you need registration for preps? If you spray homeopathic treated
water, why does it need to be certified for OG? Is this because the weed
board needs to claim it as a pesticide? Does compost tea need to be certified?
Sewage sludge isn't certified because of the danger of heavy metals.
Clopyralid pesticide is a serious problem that just showed up last year.
The chemical is used in as a pre-emergence herbicide under the name
"Confront". Usage is restricted to licensed applicators, but that include
lawn companies. These same companies deposit their grass clippings in local
compost yards. It turns out that clopyralid is completely persistent --
almost immune to composting. So anyone who uses that compost for planting
mix gets zapped. The problem hit commercial growers last year and was
documented by local gardeners. I'm not sure the extent to which farmers use
the chemical, non-organic straw bedding may be affected. One more reason to
make your own compost on-site and avoid brought-in stuff==========================
Dave Robison
