Turf fertilizer—Prohibitions on application, sales, and retail display.
(1) A person may not:
(a) Except as otherwise provided in this section, apply turf fertilizer that is labeled as containing phosphorus to turf;
(b) Apply turf fertilizer labeled as containing phosphorus to turf when the ground is frozen;
(c) Intentionally apply turf fertilizer labeled as containing phosphorus to an impervious surface;
(d) Except as otherwise provided in this section, sell turf fertilizer that is labeled as containing phosphorus; or
(e) Display turf fertilizer that is labeled as containing phosphorus in a retail store unless the turf fertilizer is also clearly labeled for a use permitted by this section.
(2) The prohibitions in this section on the application, sale, and retail display of turf fertilizer that is labeled as containing phosphorus, other than the prohibitions in subsection (1)(b) and (c) of this section, do not apply in the following instances:
(a) Application for the purpose of establishing grass or repairing damaged grass, using either seeds or sod, during the growing season in which the grass is established;
(b) Application to an area if the soil in the area is deficient in plant available phosphorus, as shown by a soil test performed no more than thirty-six months before the application; or
(c) Application to pasture, interior house plants, flower and vegetable gardens located on either public or private property, land used to grow grass for sod, or any land used for agricultural or silvicultural production.
(3) If a retailer can show proof that a product prohibited for sale under subsection (1)(d) and (e) of this section was in stock and physically in the retail location before January 1, 2012, that retail location may sell that product until it is sold out.
(4)(a) Nothing in this section:
(i) Requires the enforcement or monitoring of compliance with this section by local governments; or
(ii) Requires local governments to participate in the administration of this section, including the verification of soil tests under subsection (2)(b) of this section.
(b) A city or county may not adopt a local ordinance regarding the application or sale of turf fertilizer that is labeled as containing phosphorus that is less restrictive than this section.
[ 2011 c 73 s 2.]
NOTES:
Effective date—2011 c 73: See note following RCW 15.54.270.