BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2137|
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THIRD READING
Bill No: AB 2137
Author: Chesbro (D)
Amended: 6/7/10 in Senate
Vote: 21
SENATE FOOD AND AGRICULTURE COMMITTEE : 4-1, 6/15/10
AYES: Florez, Emmerson, Hancock, Wolk
NOES: Hollingsworth
SENATE ENV. QUALITY COMMITTEE : 7-0, 6/28/10
AYES: Simitian, Runner, Corbett, Hancock, Lowenthal,
Pavley, Strickland
ASSEMBLY FLOOR : 47-19, 5/10/10 - See last page for vote
SUBJECT : Fertilizing material: labels
SOURCE : Author
DIGEST : This bill, until January 1, 2014, provides that
label and labeling do not include a certified laboratory
analysis, showing the nutrient contents of compost,
cocompost, or mulch, if the laboratory analysis
documentation contains a specified statement and other
information , as provided.
ANALYSIS : The Department of Food and Agriculture (DFA)
is responsible for the enforcement of a fertilizing
materials program under state law that licenses individuals
or companies who manufacture or distribute fertilizing
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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 five percent 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 five percent
or less N, P, or K), agricultural minerals (any substance
with five percent 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).
The 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 byproducts
broken down by chipping and grinding.
This bill:
1. Exempts certified laboratory analysis showing nutrient
content of compost, cocompost, or mulch from the
definitions of "label" and "labeling."
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2. Requires 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.
3. Requires a certified laboratory analysis to be from
random samples, as provided in the California Code of
Regulations.
4. Specifies 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.
5. Sunset the exemption from "label" and "labeling" for
certified laboratory analysis showing nutrient content
of compost, cocompost, or mulch on January 1, 2014.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/30/10)
Alameda County Waste Management Authority
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 : (Verified 6/30/10)
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Department of Food and Agriculture
ARGUMENTS IN SUPPORT : According to the author's office,
composters have been informed by DFA 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 DFA, 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.
ARGUMENTS IN OPPOSITION : Opponents state that plant
nutrient products should meet the claims of any laboratory
analysis provided with the product. This bill bypasses the
process established by in AB 856 (Caballero), Chapter 257,
Statutes of 2009, which requires DFA to review issues
relating to organic input materials, including labeling,
and post the review on their Web site. Further, opponents
feel that that bill is inappropriate at this time as this
issue is better vetted through the Fertilizer Inspection
Advisory Board subcommittee formed to address
implementation of AB 856, including labeling claims of
plant nutrient products. The opponents contend that AB 856
was signed into law as a result of false and misleading
organic claims of a fertilizer producer. This bill allows
composters to present nutrient lab analysis on a product
label that may not accurately reflect the nutrient content
of the product being sold.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Bass, Beall, Blakeslee,
Block, Blumenfield, Bradford, Brownley, Buchanan,
Caballero, Charles Calderon, Carter, Chesbro, Conway,
Coto, Davis, De Leon, Eng, Evans, Feuer, Fletcher, Fong,
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Fuentes, Galgiani, Hall, Hayashi, Hernandez, Hill, Huber,
Huffman, Jones, Lieu, Bonnie Lowenthal, Ma, Monning,
Nava, V. Manuel Perez, Portantino, Ruskin, Salas,
Skinner, Swanson, Torres, Torrico, John A. Perez
NOES: Anderson, Bill Berryhill, Tom Berryhill, Fuller,
Gaines, Garrick, Gilmore, Hagman, Jeffries, Knight,
Logue, Miller, Nestande, Niello, Nielsen, Smyth, Audra
Strickland, Tran, Villines
NO VOTE RECORDED: Cook, De La Torre, DeVore, Emmerson,
Furutani, Harkey, Mendoza, Norby, Saldana, Silva,
Solorio, Torlakson, Yamada, Vacancy
TSM:do 6/30/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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