PRODUCT LABELING AND CLAIMS

STATEFERTILIZER AND SOILRELATED

DEFINITIONSFertilizer: Any substance contain-ing one or more recognized plantnutrient(s) which is used for itsplant nutrient content and which isdesigned for use or claimed tohave value in promoting plantgrowth, except unmanipulated an-imal and vegetable manures, marl,lime, limestone, wood ashes andother products exempted by theregulation by the (name state).

Specialty Fertilizer: A fertilizerdistributed for nonfarm use.

Soil Amendment (commonly re-ferred to as a Soil Additive or SoilConditioner): Any substance or amixture of substances which is in-tended to improve the physical,chemical, biochemical, biologicalor other characteristic of the soil,except fertilizer, agricultural limingmaterials, unmanipulated animalmanures, unmanipulated vegeta-bles manures, pesticides and oth-er materials exempt by regulation.

Compost: A biologically stablematerial derived from the com-posting process.

Digestate: The liquid or solid ma-terial processed through anaerobicdigestion. Labeling digestate ma-terials shall be designated by pre-fixing the name of the feedstockfrom which it is produced, i.e., cowmanure digestate, biosolids diqes-tate, etc.

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Departments of Agriculture in every stateregulate fertilizer and soil amendment

sales/ distribution, including compost anddigestate products. Here's a summary of thelatest rule developments, FAQs and more.

Ron Alexander

COMPOST AND DIGESTATEREGULATIONS UPDATE

THE Association of AmericanPlant Food Control Officials(AAPFCO) is an organization ofState Department ofAgriculture

representatives responsible for regu-lation of fertilizer and soil amend-ment sales/distribution (as well asliming agents, pesticides, etc.). Theorganization seeks to protect con-sumers and assist in creation of uni-form legislation and regulation. TheUS Compo sting Council (USCC) hasbeen engaged with AAPFCO for over10 years to promote the uniform andscientifically valid regulation of com-post, as well as to provide its mem-bership with options related to theproducts' regulation. The USCC hasalso assisted members and allies byworking on issues related to anaero-bic digestate (liquid and solids), foodby-products, biosolids and manure re-cycling, and products allowable for or-ganic certification.Understanding and monitoring

state fertilizer and soil amendmentregulation is key to the legal distribu-tion of compost and digestate prod-

ucts. Further, working within theseregulations allows product marketersto make more informed productclaims (discuss end use benefits) onproduct labels and legally distributethem over multiple state borders. Fi-nally, it must be understood that re-lated state regulations (e.g., heavymetal limits, labeling claims al-lowances) can act as a second tier ofregulation that can impact a produc-er's ability to market.

WHAT'S NEW?At the semiannual meeting of

AAPFCO officials held in February2013, important issues arose that im-pact (or potentially impact) the or-ganics recycling industry. These arediscussed below.Cautionary Statement: This pertains

to products containing and claimingbeneficial microbe content, which mayalso be potential human pathogens.This issue has been discussed becausemany microbially-based products havecome into the marketplace, some ofwhich are also known to be, or contain,

MARCH 2013

AMENDMENT RULESLEGAL COMPOST CLAIMS

WORKING through a variety ofAAPFCO Committees, the USComposting Council has ne-

gotiated a list of legal compostclaims, which technically can be usedon product labels. It should be noted,however, that each individual statemay exclude the use of one or more ofthese claims. Further, nutrient relatedclaims (#13, below) could only beused if the product is registered as afertilizer and numerical nutrient claimsare properly made on the label.

The 13 claims/benefits are:

1) Improves soil structure and porosity- creating a better plant root environ-ment.2) Increases moisture infiltration andpermeability, and reduces bulk densityof heavy soils - improving moisture in-filtration rates and reducing erosionand runoff.

human pathogens. The cautionary state-ment will be required on products mak-ing claims on their label that "they con-tain microbes," and will be based on themicrobes known risk level (compare mi-crobe type to Risk Group Level classifi-cation). The approved cautionary state-ment is as follows: "This productcontains live microorganisms and maycause adverse effects to persons with acompromised immune system. Avoidcontact with eyes, mouth and brokenskin. Do not inhale product. Wear eyeand skin protection when handling.Wash hands after using." Although notdeveloped or currently applied to com-post or digest ate products, it is feasiblethat this could come to pass in certainstates.Phosphorus (P) Restrictions: These

are being implemented by variousstates pertaining to fertilizer products(13 to date). There is very little unifor-

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3) Improves the moisture holding ca-pacity of light soils - reducing waterloss and nutrient leaching, and improv-ing moisture retention.4) Improves the cation exchange ca-pacity (CEC) of soils.5) Supplies organic matter.6) Aids the proliferation of soil microor-ganisms.7) Supplies beneficial microorganismsto soils and growing media.8) Encourages vigorous root growth.9) Allows plants to more effectively uti-lize nutrients, while reducing nutrientloss by leaching.10) Enables soils to retain nutrientslonger.11) Contains humus - assisting in soilaggregation and making nutrients moreavailable for plant uptake.12) Buffers soil pH.13) Supplies primary, secondary andmicronutrients.

mity regarding these regulations fromstate to state, and they typically per-tain to nonagricultural applications offertilizer. Compost and biosolids basedproducts are even written out of theregulations in some states. However,two important general statements canbe made regarding these state P re-strictions: 1) Composts registered asfertilizers and making P contentclaims are more likely to be impactedby these regulations; and 2) Going intothe future, P application restrictionsmay impact the allowable applicationrates of compost and other recycled or-ganic products.There has been discussion regarding

the development of a Phosphorus SUIP(Statement of Uniform Interpretationand Policy) within AAPFCO. The con-cept is to develop a policy that wouldsuggest to states that restricting use ofP may actually cause a reduction in

This environmentally beneficialbiocatalyst contains a complexmixture of natural nutrients,vitamins, and trace elements

specifically designed to disallowthe formation of H2S, ammonia,

mercaptans and skatole toeliminate odors and corrosion

problems naturally.

Natural. Biodegradable.Safe. Non-Toxic.

Not a masking agent oressential oil.

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turf quality (thinning), which wouldthen expose more soil to the environ-ment, thus allowing more soil toerode. This eroding soil would releaseeven greater volumes ofP to the envi-ronment. Therefore, an out and out Prestriction is not good policy even innutrient impacted areas.Produce Safety Rules: The Food and

Drug Administration's (FDA) proposed"Produce Safety Rules" are currentlyunder public review (through May 16,2013), and will enact new regulationsin order to improve human pathogenreduction in fruits and vegetables pri-marily consumed "fresh." The most rel-evant part ofthe proposed regulation isthe required treatment of manure be-fore application (e.g., composting) or a

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A relevant part of theproposed ProduceSafety Rules is therequired treatment ofmanure beforeapplication, such ascom posti ng .

AAPFCO FAQs

9-month waiting period between theapplication of manure and harvest.This regulation could potentially ex-pand markets for commercially manu-factured compost to produce growers,increase custom compo sting serviceson farm sites, and/or increase the num-ber of farmers becoming commercialmanure composters. •

Ron Alexander, President of R. Alexan-der Associates, Inc. is US CompostingCouncil Liaison to AAPFCO. He can becontacted at alexassoc@earthlink.net,www.alexassoc.net. R. Alexander Asso-ciates, Inc. is a consultancy companythat specializes in compost and organicrecycled product market research anddevelopment.

Questions arise frequently about the AAPFCO initiatives, especially aboutregistering the sale of compost - which would also refer to digestate products.

Q Do I have to register my com-: post if I am going to sell it?

A If you sell your compost in a state: with a fertilizer or soil amendment

law, and you make related claims, thenthe simple answer is YES! If you makesoil amendment claims, you need toregister as a soil amendment. If youmake nutrient claims, then you registeras a fertilizer. There are a few statesthat exempt compost from registra-tion. Some states also allow a productto go unregistered if no soil amendingor fertilizer claims are made on its labelor in other sales tools. The bottom lineis, if your state has a soil amendmentlaw and you are making soil-amendingclaims, then technically you need to beregistered.Two important notes:1) Municipal com posters are not ex-empt from registration.2) Products that are given away (dis-tributed), and not sold, still technicallyneed to be registered.

Q What registration: options exist?

A This depends on which states you: manufacture and distribute the

compost within. However, there is typ-ically an option of registering compostas a soil amendment or a fertilizer.Some states may even require dualregistration. The choice in registrationwill be dependent upon the product

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claims made. Right now, 48 stateshave fertilizer laws (Arizona and Hawaiido not) and 38 states have state soilamendment laws. By the way, in moststates, com posted or digested ma-nures are considered to be "fertilizers"because they are defined as "manipu-lated manures." This includes the liq-uid fraction from manure digesters.

Q What do the State Control Offi-: cials consider to be a label?

A The definition within the AAPFCO: Official Publication (No. 66) states

the following:Uniform State Fertilizer Bill: The term

"label" means the display of all written,printed, or graphic matter, upon theimmediate container, or a statementaccompanying a fertilizer. Uniform SoilAmendment Bill: "Label" means thedisplay of all written, printed or graph-ic matter upon the immediate contain-er or statement accompanying a soilamendment. Today, Fertilizer ControlOfficials consider a label to be any in-formation written (e.g., websites, ad-vertisements) or spoken about theproduct.

Q Is a lab analysis sheet (contain-: ing nutrient data) considered to

be a nutrient guarantee?

A Yes, it has been made clear that: any reference to the term nutri-

ents or fertilizer is not allowable, un-

less the compost is registered as afertilizer. Further, any written refer-ences to nutrient content could bedeemed a claim or guarantee (whichthen would require registration as afertilizer). This is a very common mis-take by com posters.

Q What are the costs associated: with registering compost?

A Fees associated with registering: both soil amendments and fertiliz-

ers vary from state to state. There maybe a registration fee per product orcompany and/or a tonnage fee (knownas an inspection fee). Often you payboth a registration fee (typically rang-ing from $0 to $250/product and a ton-nage fee (typically ranging from $0 to$0.90/ton).

To avoid any conflict or finesfrom State Control Officials, we sug-gest that you get more familiar with thefertilizer and soil amendment registra-tion regulations in the statesin which you operate and sell yourcompost products. Also, if your prod-ucts are registered, or if you plan toregister them, use this fact as a mar-keting benefit. This is one way to regainthe costs associated with the regula-tion fees. Although many feel that com-post, as an environmental product,should be exempted from any suchregulations, it is important to under-stand the current "lay of the land."

MARCH2013