Labeling Strategies for Compost. By: Ron Alexander Principal, R. Alexander Associates, Inc. USCC Conference Houston, TX 1/28/09

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1 Labeling Strategies for Compost By: Ron Alexander Principal, R. Alexander Associates, Inc. USCC Conference Houston, TX 1/28/09

2 Subjects Focus will be regulatory aspects (not creative aspects of labeling) AAPFCO and state DOAs responsibilities Current labeling regulation Labeling basics

3 Many companies are being creative as far as names, color schemes, text What are the rules governing what you can/have to state on the label?

6 Organization of State DOAs AAPFCO Work together on issues affecting State DOAs regarding the distribution of feed, lime, fertilizers, and soil amendments - Involve industry in discussions Create model legislation & regulation System can create a second tier of regulation!!

7 What Does AAPFCO Do? Interact with state DOAs Create model language for legislation, Bills, regulation and SUIPs - Don t force states to accept model regulations, etc. Involved in labeling consumer protection Goal is greater uniformity in product regulation from state to state - However, each state can adopt it s own laws/regs - California and Florida are unique, other states too

8 Compost Related Policies Typically, State DOAs (Control Officials) regulate the distribution of products, not their production - Regulate product quality (e.g., heavy metals, dioxins, microbial issues, weed seeds) Adulteration - Regulate labeling text (during registration process) Claims (benefits), terms, units of measure, other *Some States have exempted compost from certain aspects of regulation (rare) compost friendly (e.g., WA, MN)

9 Current Status Compost Choices Register as soil amendment - No nutrient claims (unless dual registration), volume vs. weight, must negotiate label claims Register as fertilizer - Sell by weight, moisture content vs. nutrient claims, etc. Don t register - Make no claims (pay no fees) (mulch & peat moss being regulated in some states) Regulations don t fit compost well Many composters try to avoid regulation

10 Current Status for Compost 48 states have fertilizer laws (not HI or AK), 38 have soil amendment laws Individual State DOA s decide what you can and cannot state on the label - Legislation and regulation will be based on the State in which your facility is located and the states in which you distribute product *Have to register product in all states that product is distributed A composter (producer) must meet the labeling regulation in each state in which they are distributing product

11 Current Status for Compost Municipal compost producers are not exempt from State DOA regulation (unless state expressly rules so) Manure based composts are almost automatically considered to be fertilizers (composts are manipulated manures, so composts are fertilizers) Providing any nutrient data to end users is illegal, unless compost is registered as a fertilizer (even lab data) - Much cheating going on here!

12 Nutrient and no nutrient versions to meet regulatory requirements > Come talk to me about participation in the STA Program

13 Compost Labels What needs to be on the label? What cannot be on the label?

14 Compost Distributed as a Soil Amendment Uniform Soil Amendment Bill Net weight (or volume) Brand name Guaranteed analysis ingredient type statement Purpose of product Directions for application Name and address of applicant What the law states, but state DOAs may interpret slightly differently

15 Compost Distributed as a Fertilizer Uniform State Fertilizer Bill Net weight Brand and grade Guaranteed analysis chemical breakdown (e.g., WIN) Name and address of registrant/licensee Directions for use for fertilizer distributed to the end user Derivative statement source of nutrients Heavy metal statement and testing many states» Allowable claims and terms on labels are based on historical product research, product type being registered (fertilizer vs. soil amendment) and the whim of the State Control Official» Labeling terms must be in the Official Publication

16 Guaranteed Analysis New stuff affecting labeling

17 Verified Compost Benefits (Labeling Claims) 1. Improves soil structure and porosity creating a better plant root environment 2. Increases moisture infiltration and permeability, and reduces bulk density of heavy soils improving moisture infiltration rates and reducing erosion and runoff 3. Improves the moisture holding capacity of light soils reducing water loss and nutrient leaching, and improving moisture retention 4. Improves the cation exchange capacity (CEC) of soils 5. Supplies organic matter Placed into Uniform State Fertilizer Bill Rules/Regulations and most will be placed in the Uniform Soil Amendment Bill

18 Verified Compost Benefits 6. Aids the proliferation of soil microorganisms 7. Supplies beneficial microorganisms to soils and growing media 8. Encourages vigorous root growth 9. Allows plants to more effectively utilize nutrients, while reducing nutrient loss by leaching 10. Enables soils to retain nutrients longer 11. Contains humus assisting in soil aggregation and making nutrients more available for plant uptake 12. Buffers soil ph 13. Source of nutrients (if registering as fertilizer) Can use in negotiations with State Control Officials

19 New Fertilizer / Compost Option Bulk Compost Law > in AAPFCO Publication - Provides another option for registration, allows both soil amendment claims and nutrient disclosure - Have fit compost into the Uniform State Fertilizer Bill (Rules / Regulations section) Law doesn t require all compost to be registered as a fertilizer, only if making fertilizer claims (or disclosing nutrient content Provides the industry with another registration option, more appropriate means to make nutrient claims

20 Sections Bulk Compost Law Definitions of words and terms Net weight can convert and use volume Product claims make both nutrient and soil amendment Expression of guarantees equalize with moisture content, rolling nutrient content Feedstock statement (general) Sources of nutrients (compost mass, added chemical forms) Need help must be adopted by States!!

21 Compost Labels What cannot be on the label? Specific terms ( healthy, vigorous if soil amendment), Disease suppression claims, Certain microbe claims, Numerical characteristics (may be considered claims), Other claims

22 Other Initiatives / Issues of Interest Uniform Bills Committee - Bulk Compost Law done, still defending - Soil Amendment Subcommittee (Rewriting of Uniform Soil Amendment Bill) Labeling / Terms Committee Environmental Affairs Committee Lab Practices Committee NEED MORE COMPOSTING INDUSTRY HELP AND INPUT!!

More Information: www.compostingcouncil.org www.

23 More Information: State Departments of Agriculture

24 Questions?

AAPFCO UPDATE. By GARRY WAGNER

AAPFCO UPDATE. By GARRY WAGNER AAPFCO UPDATE By GARRY WAGNER AAPFCO ASSOCIATION OF AMERICAN PLANT FOOD CONTROL OFFICIALS www.aapfco.org AAPFCO BOARD OF DIRECTORS David Howle SC, Garry Wagner ND, Roger Hoestenbach TX, Maryam Khosravifard