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SUMMARY OF NORTHEAST STATES'
FERTILIZER REGULATIONS
AS THEY RELATE TO COMPOST

November 2005

Prepared by: Mary Ann Remolador
Northeast Recycling Council, Inc.
139 Main Street, Suite 401, Brattleboro, VT 05301
Tel: (802) 254-3636, Fax: (802) 254-5870, Website: www.nerc.org

CONNECTICUT | DELAWARE | MAINE
MASSACHUSETTS | NEW HAMPSHIRE
NEW JERSEY | NEW YORK | PENNSYLVANIA
RHODE ISLAND | VERMONT

Connecticut

Substitute House Bill No. 5055
Public Act No. 00-96
An Act Concerning Soil Amendments and Agricultural Liming Materials

Pertinent Definitions
A soil amendment means any substance that intends to improve the physical or chemical characteristics of the soil, but doesn't mean commercial fertilizers, agricultural liming materials, unmanipulated animal and vegetable manures, compost, pesticides, or other materials exempted by regulations adopted by the commissioner under section 12 of this act.

Commercial fertilizer means any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum.

Registration Requirements Per Product: Submitted annually
Registration Fee Per Product: Paid annually for fertilizers
Labeling Requirements: Yes
Inspection Fee (Tonnage Tax): Paid annually for fertilizer
Reporting Requirements: Submitted annually for fertilizer
Inspection Responsibility: CT Department of Agriculture
Contact Person: Alton Blodgett,
Agricultural Commodities Control Officer,
(860) 713-2565
Website Address: http://www.state.ct.us/doag/


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Delaware

Chapter 21, Commercial Fertilizers and Soil Conditioners
Approved June 25, 1971, and enacted January 1, 1972

Pertinent Definitions
Commercial fertilizer means any substance containing one or more recognized plant nutrient(s) which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and gypsum, and other products exempted by regulation of the Secretary.

A soil conditioner means any substance or mixture of substances imported, manufactured, prepared or sold for manurial soil-enriching or soil-corrective purposes or intended to be used for promoting or stimulating the growth of plants increasing the productivity of plants, improving the quality of crops, or producing any chemical or physical change in the soil, except commercial fertilizer as defined in this chapter, and unmanipulated animal and vegetable manures, agricultural liming materials and gypsum.

Registration Requirements Per Product: Submitted annually
Labeling Requirements: Yes
Inspection Fee: Paid semi-annually
Tonnage Reports: Submitted semi-annually
Inspection Responsibility: Secretary of the State Department of Agriculture
Contact Person: Teresa Crenshaw, (302) 698-4525
Website Address: http://www.state.de.us/deptagri/

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Maine

Title 7, Subchapters V and V-A, Maine Commercial Fertilizer Law,
Title 7, Chapter 103, Sub-C V-B, Maine Plan and Soil Amendment Act

Pertinent Definitions
A fertilizer material means any substance containing nitrogen, phosphorus, potassium or any recognized plant nutrient element or compound which is used primarily for its plant nutrient content or for compounding mixed fertilizers except unmanipulated animal and vegetable manures.

Agricultural liming materials mean any products whose calcium and magnesium compounds are capable of neutralizing soil acidity.

A Soil amendment is any product distributed consisting of a soil-amending ingredient and other ingredients. Soil-amending ingredients are any substances that are intended to improve the chemical, biological, or physical characteristics of the soil, except commercial fertilizers, plant-amending ingredients, agricultural liming materials, unmanipulated animal and vegetable manures, pesticides and other like material, exempted by rule.

Registration Requirements Per Product: Submitted annually
Registration Fee Per Product: Paid annually
Labeling Requirements: Yes
Inspection Fee: Paid annually for liming materials
Tonnage Reports: Submitted annually for liming materials and soil amendments
Inspection Responsibility: Commissioner of Agriculture, Food and Rural Resources or his authorized agent
Contact Person: Hal Prince, (207) 287-3841
Website: http://www.maine.gov/agriculture/index.shtml

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Massachusetts

Fertilizer Law, Chapter 128, Sections 64-83

Pertinent Definitions
Commercial fertilizer, any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use, or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, and other products exempted by regulation of the commissioner.

Specialty fertilizer, commercial fertilizer distributed primarily for non-farm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries.

Soil Conditioner, any manipulated substance or mixture of substances whose primary function is to modify the physical structure of soils so as to favorably influence plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum. Examples of unmanipulated vegetable manures are hay, straw, peat, and leaf mold. Charcoal, sand, pumice, and clay, are unmanipulated natural substances.

License Requirement Per Product: Submitted annually for fertilizer manufacture and/or distribution of commercial fertilizers for "farm use"
License Fee Per Product: Paid annually
Labeling Requirement: Yes for all commercial fertilizers, soil conditioners, and agricultural liming materials that are distributed in containers
Inspection Fee: Paid semi-annually
Tonnage Reports: Submitted semi-annually
Inspection Responsibility: MA Department of Agricultural Resources
Contact Person: Robert Rondeau, Robert.rondeau@state.ma.us (617)626-1804
Website Address: http://www.mass.gov/agr

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New Hampshire

FERTILIZER, RSA 431
LIMING MATERIALS, RSA 431

Pertinent Definitions
Fertilizer means any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and other products exempted by rule by the commissioner.

Agricultural liming materials mean products whose calcium and magnesium compounds are capable of neutralizing soil acidity.

Registration Requirement Per Product:

Submitted annually for both fertilizers and liming materials

Registration Fee Per Product: Paid annually for both fertilizers and liming materials
Labeling Requirement: Yes
Inspection Fee: Paid semi-annually for commercial fertilizers
Tonnage Reports: Submitted semi-annually for commercial fertilizers, and annually for liming materials
Inspection Responsibility: Commissioner of Agriculture, Markets, and Food or the commissioner's authorized agent
Contact Person: Richard Uncles, (603) 271-3685,
Website: http://www.agriculture.nh.gov/divisions
/markets/index.htm

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New Jersey

New Jersey Fertilizer and Soil Conditioner Law
Chapter 66, Laws of 1970

Pertinent Definitions
Commercial fertilizer means a fertilizer material, mixed fertilizer or any other substance containing one or more recognized plant nutrients which is used for its plant nutrient content, which is designed for use or claimed to have value in promoting plant growth, and which is sold, offered for sale, or intended for sale; except that it shall not be considered to include unmanipulated animal or vegetable manures, agricultural liming materials, or wood ashes.

Specialty fertilizer means a commercial fertilizer distributed primarily for non-farm use, such as home gardens, lawns, shrubbery, flowers, golf courses, parks, cemeteries, greenhouses, and nurseries.

Soil conditioner means any substance intended or claimed to improve the chemical or physical characteristics of the soil which is sold, offered for sale, or intended for sale; except that it shall not be considered to include decomposed organic material having an ash content not exceeding 25% by dry weight, unmanipulated animal or vegetable manures, agricultural liming materials, or any other materials that may be exempted by regulation.

License Requirement Per Manufacturing Facility:

Submitted annually

License Fee Per Manufacturing Facility: Paid annually
Labeling Requirements: Yes
Inspection Fee: Paid semi-annually for commercial fertilizers and soil amendments.
Tonnage Reports: Submitted semi-annually for commercial fertilizer, and annually for liming materials
Inspection Responsibility: NJ Dept. of Agriculture
Contact Person: David Shang, (609) 984-2222
Website: http://www.state.nj.us/agriculture/

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New York

Article 10 of the Agriculture and Markets Law relating to Sale and Analysis of Commercial Fertilizer with Rules and Regulations for Sale and Analysis of Commercial Fertilizer, Revised 1999

Pertinent Definitions
Commercial fertilizer means any substance containing one or more recognized plant nutrients which is used for its plan nutrient content, and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, agricultural liming material, wood ashes, gypsum and other products exempted by regulation of the commissioner.

A specialty fertilizer means a commercial fertilizer distributed primarily for non-farm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries, and such other use as the commissioner may define by regulation.

License Requirement Per Product:

Submitted biennially for any type of fertilizer

License Fee Per Product: Paid biennially
Registration Fee Per Product: Submitted semi-annually for commercial fertilizers
Labeling Requirements: Yes
Tonnage Reports: Submitted annually for commercial fertilizers
Tonnage Fee: Paid annually for commercial fertilizers
Inspection Responsibility: Commissioner of the Department of Agriculture and Markets or his authorized agent
Contact Person: Robert Mungari, (518) 457-2087
Website: http://www.agmkt.state.ny.us/

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Pennsylvannia

Pennsylvania Fertilizer, Soil Conditioner and Plant Growth Substance Law
Act of 1955, P.L. 1795, No. 598
Short Title: Pennsylvania Fertilizer, Soil Conditioner and Plant Growth Substance Law

Pertinent Definitions
Fertilizer means any substance containing nitrogen, phosphorus, potassium or any recognized plant nutrient, element or compound which is used or sold for its plant nutrient content, or claimed plant nutrients, or for compounding mixed fertilizers except unmanipulated animal and vegetable manures.

Soil Conditioner means those substances or mixture of substances intended for sale, offered for sale or sold for soil corrective purposes or claimed to be capable of producing any chemical or physical change in the soil.

License Requirement Per Manufacturing Facility:

Yes

License Fee Per Manufacturing Facility: Paid annually
Labeling Requirements: Yes
Inspection Fee: Paid semi-annually for commercial fertilizers and soil conditioners
Tonnage Reports: Submitted semi-annually
Inspection Responsibility: PA Department of Agriculture
Contact Person: John Breitsman, (717) 787-7382
Website: http://www.pda.state.pa.us/

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Rhode Island

CHAPTER 2-7 Commercial Fertilizer

Pertinent Definitions
Commercial fertilizer means any substance containing one or more recognized plant nutrient(s) which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and gypsum, and other products exempted by regulation of the director.

Registration Requirement Per Product:

Submitted annually

Registration Fee Per Product: Paid annually
Labeling Requirements: Yes
Inspection Fee: Paid annually
Tonnage Reports: Submitted annually
Inspection Responsibility: Department of Environmental Management
Contact Person: Peter Susi, (401) 222-2781 x4517
Website: http://www.rilin.state.ri.us/Statutes/TITLE2/2-7/INDEX.HTM

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Vermont

6 V.S.A. Chapter 28--Fertilizer & Lime

Pertinent Definitions
Fertilizer means any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth or health, except unprocessed animal or vegetable manures and other products exempted by the commissioner.

A fertilizer material is a substance which either:
  • contains important quantities of at least one of the primary plant nutrients: nitrogen, phosphorus, or potassium;
  • has 85 percent or more of its plant nutrient content present in the form of a single chemical compound; or
  • is derived from a plant or chemical residue or by-product or natural material deposit which has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration.
Registration Requirement Per Product:

Submitted annually

Labeling Requirements: Yes
Inspection Fee: Paid annually for fertilizer
Tonnage Reporting Requirements: Submitted annually for fertilizer
Inspection Responsibility: Commissioner of Agriculture, Food and Markets
Contact Person: Jim Leland, (802) 828-3478
Website: http://www.state.vt.us/agric/pidfeed
seedfert.htm#Fertilizer
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