SB 78

This bill makes the following changes to requirements that apply to fertilizers and soil or plant additives that are produced from converting manure into compost or vermicompost and their derivatives:

1. The bill allows a person to distribute a fertilizer that is produced from converting manure into compost or vermicompost and their derivatives and that has a combined weight of nitrogen, phosphorus, and potassium that is less than 24 percent of the total weight of the fertilizer. Current law requires a fertilizer distributed in this state to be guaranteed to contain a combined weight of nitrogen, phosphorous, and potassium that is at least 24 percent of the total weight of the fertilizer, unless either 1) the Department of Agriculture, Trade and Consumer Protection promulgates a rule exempting the fertilizer; or 2) DATCP grants a permit authorizing the distribution of the fertilizer as a nonagricultural or special-use fertilizer.

2. The bill also exempts a fertilizer that is produced from converting manure into compost from being required to contain a minimum amount of certain plant nutrients. Additionally, under the bill, a label, invoice, or statement accompanying fertilizer produced from converting manure into compost is allowed to represent the amount of plant nutrients or other beneficial substances contained in the fertilizer if the truthfulness of the representation is substantiated by a typical analysis or other scientifically validated analytical method.

3. Under the bill, DATCP may not require a controlled experimental field test to substantiate the efficacy and usefulness of a soil or plant additive produced from converting manure into compost. Under current law, DATCP may require the efficacy and usefulness of a soil or plant additive to be substantiated by controlled experimental studies using the soil or plant additive.

4. The bill allows the truthfulness of a statement on a permit application or label of a soil or plant additive produced from converting manure into compost to be substantiated by a typical analysis. Current law requires the label of a soil or plant additive to make a guarantee about the minimum amount of the substances that it contains.