BILL ANALYSIS
AB 2137
Page 1
Date of Hearing: April 21, 2010
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
AB 2137 (Chesbro) - As Amended: April 21, 2010
SUBJECT : Fertilizing material: labels.
SUMMARY : Adds to the definitions of fertilizing material labels
and labeling an exemption for certified lab (lab) analysis that
show nutrient contents of compost, cocompost or mulch. Requires
a lab analysis showing the nutrient contents of compost,
cocompost or mulch, to clearly state that the finished product
may vary from the lab analysis. Contains a sunset provision
that will repeal the added definitions from law on January 1,
2015.
EXISTING LAW:
1)Defines a fertilizing material label as "the display of all
written, printed, or graphic matter on the immediate container
of, or a statement, including the guaranteed analysis,
accompanying fertilizing material." (Food and Agriculture Code
(FAC) Section 14540)
2)Defines a fertilizing material labeling as "all written,
printed, or graphic matter on, accompanying, or used in
promoting the sale of any fertilizing material, including
advertisements, brochures, posters, and television and radio
announcements." (FAC Section 14542)
3)Allows for misdemeanor and civil penalties for mislabeling
ranging from $1,000 to $5,000 for each offense. (FAC Section
14651-14651.5)
4)Requires the California Department of Food and Agriculture
(CDFA) to evaluate organic input materials, which includes
compost, and report if and how these materials should be
regulated. The report is due by January 1, 2012. (FAC
Section 14853.5)
5)Defines compost as a controlled biological decomposition of
organic materials; cocompost as a blend of compost and
biosolids, animal manure, food residue or fish processing
byproducts; and, mulch as material, including, but not limited
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to, lawn clippings and wood byproducts, broken down by
chipping and grinding. Compost, cocompost and mulch must also
be produced by a public or private supplier that is in
compliance with the Department of Resources, Recycling and
Recovery's composting operations regulatory requirements.
(Public Contract Code Section (PCC) Section 12207)
6)Defines compost, for the purpose of fertilizer, as
biologically stable material derived from the composting
process. (FAC Section 14525)
FISCAL EFFECT : This bill is keyed non-fiscal by Legislative
Counsel.
COMMENTS : According to the author, composters regularly provide
independent analysis of the nutrient content in their compost.
The results of recent lab analyses are provided to customers as
an indication of nutrient levels in the compost. This is done
on a voluntary basis and in concurrence with a variety of
certification programs. Lab analysis also tests for pathogens
and heavy metals, per the United State's Environmental
Protection Agency's Class A standards.
Supporters state that the nutrient content of finished compost
is subject to significant variability based on the many factors.
Nutrient levels determined in these voluntarily-provided lab
analyses fluctuate. This limits the guarantee that nutrient
content will remain the same over time.
According to the author, composters have been informed by CDFA
that they are not allowed to provide nutrient lab analysis with
bulk compost sales without that lab analysis representing a
labeling claim. Once a labeling claim has been made, a product
must be registered with CDFA and the nutrient levels must remain
consistent. Supporters maintain this is a difficult standard
for compost to maintain, due to the nature of the product. This
action is a result of AB 856 (Caballero), Chapter 257, Statutes
of 2009, which was responding to a lack of oversight by CDFA in
dealing with the organic fertilizers industry.
Supporters state the farmer and nursery customers
request/require the full analysis of nutrient information, not
just the report on pathogens and heavy metals. It is the
nutrient portion of the lab analysis that provides the most
value to the compost customers. Without that component to the
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lab analysis, composters say they will lose customers, and in
turn harm the industry as a whole. This is the reason why
industry and the author state the bill is necessary.
Opponents state that plant nutrient products must meet the
nutrient guarantees of lab analysis provided to growers and
agricultural retailers. To expect growers or retailers to
differentiate between when a lab analysis is being presented as
a guarantee and when it is not, is unfair to consumers and will
contribute to confusion in the marketplace. Opponents say this
bill is contrary to the intent of AB 856. Furthermore,
opponents state the bill is inappropriate until the stakeholder
committee has reviewed the issue and made its recommendations to
CDFA.
Compost is defined for the purpose of fertilizer (FAC Section
14525). FAC has no specific definition for cocompost or mulch.
The definitions of compost, cocompost and mulch used in this
bill are related to the State Agency Buy Recycled Campaign and
are to be used in state purchasing programs (PCC Section
12153-12217). Furthermore, PCC Section 12207 definitions mean
items used for soil amendments, erosion controls, soil toppings,
ground covers, weed suppressants, and organic materials used for
water conservation. While soil amendments are listed as
fertilizing materials in FAC (FAC Section 14533), they are
defined as any substance used for plant growth or crop
improvement through solely physical means. (FAC Section 14552)
The committee may wish to consider if this bill's labeling
exemption for compost, cocompost and mulch is the correct public
policy before CDFA has completed its AB 856 report on the
regulation of organic inputs, or if this bill is a reasonable
accommodation for the compost industry, while CDFA develops the
organic inputs regulations with the stakeholders.
The committee may wish to consider, in order to protect compost
consumers, that the lab analysis is from random compost samples.
PREVIOUS LEGISLATION : AB 856 expanded definitions and added a
new definition to CDFA's fertilizer program statutes, adding new
requirements, fees and penalties.
REGISTERED SUPPORT / OPPOSITION :
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Support
California Bio-Mass, Inc.
California Compost Coalition
Californians Against Waste
Community Recycling & Resource Recovery
Lopez Ag Service
Nortech Waste
Recology
Republic Services, Inc.
Tracy Delta Solid Waste Management, Inc.
Tulare County Compost and Biomass, Inc.
Zanker Road Resource Management, Ltd.
Z-Best Products
Opposition
California Farm Bureau Federation
Western Plant Health Association
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084