fertilizer; PFAS; prohibition

HB2640 - 572R - I Ver

REFERENCE TITLE:
fertilizer; PFAS; prohibition

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2640

Introduced by

Representatives
Liguori: Biasiucci, Fink, Gutierrez, Stahl Hamilton

AN
ACT

amending sections 3-264 and 3-283,
Arizona Revised Statutes; RELATING to 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:

START_STATUTE
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, 2027, 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.
END_STATUTE

Sec. 2. Section 3-283, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE