S572

An Act concerning organic fertilizer and amending P.L.2010, c.112.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2010, c.112 (C.58:10A-61) is amended to read as follows:

1. As used in sections 1 through 9 of this act:

"Commercial farm" means the same as that term is defined pursuant to section 3 of P.L.1983, c.31 (C.4:1C-3).

"Department" means the Department of Environmental Protection.

"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, designed for use or claimed to have value in promoting plant growth, and sold, offered for sale, or intended for sale; except that it shall not include unmanipulated animal or vegetable manures, agricultural liming materials, wood ashes, or processed sewage wastewater solids.

"Impervious surface" means any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, and includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures, and other similar structures, surfaces, or improvements.

"Local health agency" means the same as that term is defined pursuant to section 3 of P.L.1975, c.329 (C.26:3A2-3).

"Manipulated animal or vegetable manure" means manure that is ground, pelletized, mechanically dried, or otherwise treated to assist with the use of manure as a fertilizer.

“Organic fertilizer” means fertilizer composed of materials that: (1) are derived from either plant or animal products containing one or more elements, other than carbon, hydrogen and oxygen, which are essential for plant growth; (2) may be subjected to biological degradation processes under normal conditions of aging, rainfall, sun-curing, air drying, composting, rotting, enzymatic, or anaerobic or aerobic bacterial action, or any combination thereof; and (3) are not mixed with synthetic materials or changed in any physical or chemical manner from their initial state except by manipulations such as chopping, cooking, drying, grinding, hydrolysis, pelleting, or shredding.

"Person" means any individual, corporation, company, partnership, firm, association, political subdivision, or government entity.

"Professional fertilizer applicator" means any individual who applies fertilizer for hire, including any employee of a government entity who applies fertilizer within the scope of employment.

"Slow release nitrogen" means nitrogen in a form that is released over time that is not water soluble.

"Soil test" means a technical analysis of soil conducted by a laboratory authorized by the New Jersey Agricultural Experiment Station at Rutgers, the State University, pursuant to section 6 of this act.

"Turf" means land, including residential property and publicly owned land, that is planted in closely mowed, managed grass, except golf courses or land used in the operation of a commercial farm.

"Waterbody" means a surface water feature, such as a lake, river, stream, creek, pond, lagoon, bay or estuary.

"Water-soluble nitrogen" means nitrogen in a water-soluble form that does not have slow or controlled release properties.

(cf: P.L.2010, c.112, s.1)

2. Section 3 of P.L.2010, c.112 (C.58:10A-63) is amended to read as follows:

3. a. In addition to the requirements set forth in section 2 of this act, no person, other than a professional fertilizer applicator, shall:

(1) apply fertilizer to turf in an amount that is more than an annual total of 3.2 pounds of total nitrogen per 1,000 square feet, except as provided otherwise in subsection b. of this section; or

(2) apply fertilizer containing: (a) nitrogen that is less than 20 percent slow release; (b) nitrogen to turf at a rate of more than 0.7 pounds of water-soluble nitrogen per 1,000 square feet per application; or (c) nitrogen to turf at a rate of more than 0.9 pounds of total nitrogen per 1,000 square feet per application, except as provided otherwise in subsection b. of this section.

b. No professional fertilizer applicator shall:

(1) apply fertilizer containing nitrogen to turf at a rate of (a) more than 0.7 pounds of water-soluble nitrogen per 1,000 square feet per application, and (b) more than one pound of total nitrogen per 1,000 square feet per application; or

(2) apply fertilizer to turf in an amount that is more than an annual total of 4.25 pounds of total nitrogen per 1,000 square feet.

c. (1) No professional fertilizer applicator may apply fertilizer to turf without first obtaining a fertilizer application certification, or training if applying fertilizer under the direct supervision of a certified professional fertilizer applicator, pursuant to section 4 of this act.

(2) No person, other than a certified professional fertilizer applicator or a person trained and under the direct supervision of a certified professional fertilizer applicator, may apply fertilizer to a golf course.

d. Except as provided otherwise in subsection e. of this section, no person may apply fertilizer containing phosphorus unless the person:

(1) determines that the fertilizer is necessary for the specific soils and target vegetation pursuant to a soil test performed no more than three years before the application, and pursuant to the associated annual fertilizer recommendation issued by the New Jersey Agricultural Experiment Station at Rutgers, the State University;

(2) is establishing vegetation for the first time, such as after land disturbance, provided the application is in accordance with the standards and requirements established under the "Soil Erosion and Sediment Control Act," P.L.1975, c.251 (C.4:24-39 et seq.), and the rules and regulations adopted pursuant thereto;

(3) is reestablishing or repairing a turf area; or

(4) is delivering liquid or granular fertilizer under the soil surface directly to the feeder roots.

e. A person may apply fertilizer containing phosphorus to turf if the fertilizer consists of manipulated animal or vegetable manure or is an organic fertilizer , includes no more than 0.25 pounds of phosphorus per 1,000 square feet when applied pursuant to the instructions on the container, and otherwise complies with the provisions of this act.

f. (1) Except as provided otherwise in paragraph (3) of this subsection, no person shall apply fertilizer containing phosphorus or nitrogen to turf within 25 feet of any waterbody, except that where a drop spreader, rotary spreader with a deflector or targeted spray liquid is used for fertilizer application, the buffer may be reduced to 10 feet.

(2) The establishment of buffers for fertilizer application pursuant to paragraph (1) of this subsection shall not preclude the establishment or applicability of, or compliance with, any other environmental standards established pursuant to any other State or federal law, rule or regulation.

(3) A professional fertilizer applicator may apply a rescue treatment to turf in a buffer area established pursuant to paragraph (1) of this subsection.

As used in this paragraph, "rescue treatment" means a fertilizer application, consistent with the nitrogen content applied by a professional fertilizer applicator pursuant to paragraph (1) of subsection b. of this section, applied no more than once a year to an area between 10 and 25 feet of a waterbody.

g. No person may apply fertilizer to turf exceeding the nitrogen standards set forth in subsections a. and b. of this section, unless the person is establishing vegetation for the first time, such as after land disturbance, provided the fertilizer application is in accordance with the standards and requirements established under the "Soil Erosion and Sediment Control Act," P.L.1975, c.251 (C.4:24-39 et seq.), and the rules and regulations adopted pursuant thereto.

(cf: P.L.2010, c.112, s.3)

3. Section 10 of P.L.2010, c.112 (C.4:9-15.8a) is amended to read as follows:

10. Any specialty fertilizer labeled for use on turf and intended for use by consumers shall:

a. Contain no more than 0.7 pounds of water-soluble nitrogen and no more than 0.9 pounds of total nitrogen at least 20 percent of which shall consist of slow release nitrogen per 1,000 square feet when applied pursuant to the instructions on the container; and

b. Contain no phosphorus, except when specifically labeled for the following purposes:

(1) providing nutrients to specific soils and target vegetation as determined to be necessary pursuant to a soil test conducted by a laboratory identified pursuant to subsection b. of section 6 of P.L.2010, c.112 (C.58:10A-66) and performed no more than three years before the application, and pursuant to the associated annual fertilizer recommendation issued by the New Jersey Agricultural Experiment Station at Rutgers, the State University;

(2) establishing vegetation for the first time, such as after land disturbance, provided the application is in accordance with the standards and requirements established under the "Soil Erosion and Sediment Control Act," P.L.1975, c.251 (C.4:24-39 et seq.) and the rules and regulations adopted pursuant thereto;

(3) reestablishing or repairing a turf area; or

(4) delivering liquid or granular fertilizer under the soil surface, directly to the feeder roots.

c. Nothing in this section shall apply to fertilizer derived from processed sewage wastewater solids or manipulated animal or vegetable manure , or organic fertilizer .

d. As used in this section:

"Consumer" means an individual who buys fertilizer for personal or household use and not for business purposes.

"Manipulated animal or vegetable manure" means manure that is ground, pelletized, mechanically dried, or otherwise treated to assist with the use of manure as a fertilizer.

“Organic fertilizer” means fertilizer composed of materials that: (1) are derived from either plant or animal products containing one or more elements, other than carbon, hydrogen and oxygen, which are essential for plant growth; (2) may be subjected to biological degradation processes under normal conditions of aging, rainfall, sun-curing, air drying, composting, rotting, enzymatic, or anaerobic or aerobic bacterial action, or any combination of these; and (3) are not mixed with synthetic materials or changed in any physical or chemical manner from their initial state except by manipulations such as chopping, cooking, drying, grinding, hydrolysis, pelleting, or shredding.

"Slow release nitrogen" means nitrogen in a form that is released over time that is not water soluble.

"Turf" means land, including residential property, that is planted in closely mowed, managed grass, except land used in the operation of a commercial farm as that term is defined pursuant to section 3 of P.L.1983, c.31 (C.4:1C-3).

"Water-soluble nitrogen" means nitrogen in a water-soluble form that does not have slow or controlled release properties.

(cf: P.L.2010, c.112, s.10)

4. Section 11 of P.L.2010, c.112 (C.4:9-15.13a) is amended to read as follows:

11. a. No person may sell at retail specialty fertilizer which contains more than 0.7 pounds of water-soluble nitrogen or more than 0.9 pounds of total nitrogen per 1,000 square feet at least 20 percent of which shall consist of slow release nitrogen when applied pursuant to the instructions on the container and is intended for use on turf by consumers.

b. No person may sell at retail specialty fertilizer which contains phosphorus and is intended for use on turf by consumers unless the intended use of the fertilizer is:

(1) for application to specific soils and turf as determined to be necessary pursuant to a soil test conducted by a laboratory identified pursuant to subsection b. of section 6 of P.L.2010, c.112 (C.58:10A-66) and performed no more than three years before the application, and pursuant to the associated annual fertilizer recommendation issued by the New Jersey Agricultural Experiment Station at Rutgers, the State University;

(2) for the establishment of turf for the first time, such as after land disturbance, provided the application is in accordance with the standards and requirements established under the "Soil Erosion and Sediment Control Act," P.L.1975, c.251 (C.4:24-39 et seq.), and the rules and regulations adopted pursuant thereto; or

(3) for the reestablishment or repair of a turf area.

c. Nothing in this section shall apply to fertilizers derived from processed sewage wastewater solids or manipulated animal or vegetable manure , or organic fertilizers .

d. As used in this section:

"Consumer" means a natural person who buys fertilizer for personal or household use and not for business purposes.

"Manipulated animal or vegetable manure" means manure that is ground, pelletized, mechanically dried, or otherwise treated to assist with the use of manure as a fertilizer.

“Organic fertilizer” means fertilizer composed of materials that: (1) are derived from either plant or animal products containing one or more elements, other than carbon, hydrogen and oxygen, which are essential for plant growth; (2) may be subjected to biological degradation processes under normal conditions of aging, rainfall, sun-curing, air drying, composting, rotting, enzymatic, or anaerobic or aerobic bacterial action, or any combination of these; and (3) are not mixed with synthetic materials or changed in any physical or chemical manner from their initial state except by manipulations such as chopping, cooking, drying, grinding, hydrolysis, pelleting, or shredding.

"Slow release nitrogen" means nitrogen in a form that is released over time that is not water soluble.

"Water-soluble nitrogen" means nitrogen in a water-soluble form that does not have slow or controlled release properties.

(cf: P.L.2010, c.112, s.11)

5. This act shall take effect immediately except that section 4 of this act shall take effect on January 5, 2013, but the Commissioner of Environmental Protection may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

This bill would exempt organic fertilizer from certain requirements established under P.L.2010, c.112 (N.J.S.A.58:10A-61 et al.), which established standards concerning the application, sale, and use of fertilizer.

The bill would provide that organic fertilizer: (1) could be applied to turf if it contains a phosphorus content that is no more than 0.25 pounds per 1,000 square feet, and (2) could be sold at retail sale.

Among other things, P.L.2010, c.112 established requirements for the composition and application of fertilizer, and excluded fertilizers derived from processed sewage wastewater solids or manipulated animal or vegetable manure from certain provisions. This bill would exempt organic fertilizer from the same provisions under P.L.2010, c.112 and treat organic fertilizer the same as fertilizers derived from processed sewage wastewater solids or manipulated animal or vegetable manure.

Under the bill, “organic fertilizer” is defined to mean fertilizer composed of materials that: (1) are derived from either plant or animal products containing one or more elements, other than carbon, hydrogen and oxygen, which are essential for plant growth; (2) may be subjected to biological degradation processes under normal conditions of aging, rainfall, sun-curing, air drying, composting, rotting, enzymatic, or anaerobic or aerobic bacterial action, or any combination of these; and (3) are not mixed with synthetic materials or changed in any physical or chemical manner from their initial state except by manipulations such as chopping, cooking, drying, grinding, hydrolysis, pelleting, or shredding.