BILL ANALYSIS
SENATE FOOD and AGRICULTURE COMMITTEE
Senator Dean Florez, Chairman
BILL NO: AB 2137 HEARING: 6/15/10
AUTHOR: Chesbro FISCAL: No
VERSION: 6/7/10 CONSULTANT: John Chandler
Fertilizing material: labels.
BACKGROUND AND EXISTING LAW
California Department of Food and Agriculture (CDFA) is
responsible for the enforcement of a fertilizing materials
program under state law that licenses individuals or companies
who manufacture or distribute fertilizing materials and
registers labels for fertilizing materials that are sold or
distributed in California.
Existing law defines 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." Existing law
defines fertilizer material "labeling" as "all written, printed,
or graphic material on, accompanying, or used in promoting the
sale of any fertilizing material, including advertisements,
brochures, posters, and television and radio announcements."
Existing law regulates fertilizer labeling and identifies
specific requirements for commercial fertilizers (fertilizer
containing 5% or more nitrogen (N), phosphoric acid (P), or
soluble potash (K) promoting or stimulating plant growth),
specialty fertilizers (packaged fertilizer for home and garden
use containing 5% or less N, P, or K), agricultural minerals
(any substance with 5% or less N, P, and/or K), auxiliary soil
and plant substances (any chemical or biological substance or
mixture applied that is intended to improve germination, growth,
yield, product quality, reproduction, flavor or change in soil),
and packaged soil amendments (any substance for the purpose of
promoting plant growth or quality by conditioning soils through
physical means).
Food and Agriculture Code defines compost as a substance derived
from the biological decomposition of organic matter which
inhibits pathogens, viable weed seeds, and odors. Cocompost is
defined in the Public Contract Code as a blend of compost and
biosolids, animal manure, food residue, or fish processing
byproducts. Mulch is defined in the Public Contract Code as
material including, but not limited to, lawn clippings and wood
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byproducts broken down by chipping and grinding.
PROPOSED LAW
AB 2137 would do the following:
Exempt certified laboratory analysis showing nutrient
content of compost, cocompost, or mulch from the
definitions of "label" and "labeling."
Require that a certified laboratory analysis of compost,
cocompost, or mulch include a clear statement that the
nutrient content of the material may vary from the data in
the laboratory analysis.
Require a certified laboratory analysis to be from
random samples, as provided in the California Code of
Regulations.
Specify that a certified laboratory analysis for
material from more than one 5,000 cubic yard batch would
include analysis on all batches in the material.
Sunset the exemption from "label" and "labeling" for
certified laboratory analysis showing nutrient content of
compost, cocompost, or mulch on January 1, 2014.
COMMENTS
1.According to the author, composters have been informed by CDFA
that they are not allowed to provide nutrient lab analysis of
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 state that the nutrient
content of finished compost is subject to significant
variability based on the many factors such as time, moisture
and compost input matter. Nutrient levels determined in these
voluntarily provided lab analyses fluctuate based on the
organic nature of compost and mulch. This limits the
guarantee that nutrient content will remain the same over
time. Without that component to the lab analysis, composters
say they will lose customers and in turn harm the industry as
a whole would negatively impact a sustainable avenue for
organic waste disposal.
2.Opponents state that plant nutrient products should meet the
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claims of any laboratory analysis provided with the product.
AB 2137 bypasses the process established in 2009 in AB 856
(Caballero) requiring CDFA to review issues relating to
organic input materials, including labeling, and post the
review on their website. Further, opponents feel that AB 2137
is inappropriate at this time as this issue would be better
vetted through the Fertilizer Inspection Advisory Board
subcommittee formed to address implementation of AB 856,
including labeling claims of plant nutrient products. Last
year AB 856 was signed into law as a result of false and
misleading organic claims of a fertilizer producer. AB 2137
would allow composters to present nutrient lab analysis on a
product label that may not accurately reflect the nutrient
content of the product being sold.
3.AB 2137 would sunset on January 1, 2014. According to
supporters AB 2137 addresses the expansion of CDFA's authority
to regulate label claims of organic and compost materials as
passed in AB 856. AB 856 specified the following: "The
secretary, by January 1, 2012, and in consultation with the
board, shall review the definition of organic input materials
in Section 14550.5 and identify oversight and implementation
issues that may arise or have arisen on account of that
definition. The review shall also include an examination of
materials not currently regulated under this definition that
may warrant oversight by the department so as to protect the
state's agricultural industry, including the organic industry,
and recommendations for any necessary statutory changes." The
committee may wish to consider if the sunset provision of AB
2137 should be a little more consistent with the January 1,
2012, report from CDFA.
4.The Senate Rules Committee has doubled referred this bill to
the Senate Environmental Quality Committee as the second
committee of referral. Therefore, if this measure is approved
by this committee, the motion should include an action to
re-refer the bill to the Senate Committee on Environmental
Quality.
PRIOR ACTIONS
Assembly Floor 47-19
Assembly Agriculture 5-2
SUPPORT
Alameda County Waste Management Authority
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Cagwin & Dorward Landscape Contractors
California Bio-Mass, Inc.
California Certified Organic Farmers
California Compost Coalition
California Refuse Recycling Council
Californians Against Waste
City of San Diego Environmental Services Department
Cold Canyon Landfill
Comgro Soil Amendment Inc.
Community Alliance of Family Farmers
Department of Environment, City and County of San Francisco
Humboldt Waste Management Authority
Nortech
Recology
Regional Council of Rural Counties
Republic Services, Inc.
Tulare County Compost & Biomass, Inc.
Upper Valley Disposal Recycling
Z-Best Products
OPPOSITION
California Department of Food and Agriculture