Transcript [] CDFA Legislative Intent-Johnson

CDFA Legislation
Intent and Progress
Kathy Kellogg Johnson
Kellogg Garden Products
February 28, 2007
Our Vision
“Helping people create beautiful
landscapes and gardens…Since 1925!”
Kellogg’s Market Presence
Ontario
Lockeford
WA
33
%
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All Customers
South
North
PNW
Total
62%
32%
6%
100%
OR
ID
UT
22
NV
N. CA
Vegas
AZ
11
S. CA
Hawaii
1. Ontario, CA
2. Lockeford, CA
3. Longview, WA
Private Sector Experience
Ingredients & Claims
Trace elements in Nitrohumus:
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Trace minerals are present and available.
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California sets minimums on levels of trace elements such that we cannot claim their
mere presence.
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We believe that we should be able to list trace minerals, as long as we don’t make
claims about their availability and benefit.
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We believe it is the environmentally responsible thing to do.
The Problem
Secondary and micronutrient guarantee
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Calcium (Ca)
Magnesium (Mg)
Sulfur (S)
Boron (B)
Chlorine (Cl)
Cobalt (Co)
Copper (Cu)
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% Chelated Copper
Iron (Fe)
% Chelated Iron
Manganese (Mn)
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0.1000%
0.0500%
% Chelated Manganese
Molybdenum (Mo)
Sodium (Na)
Zinc (Zn)
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1.0000%
0.5000%
1.0000%
0.0200%
0.1000%
0.0005%
0.0500%
% Chelated Zinc
0.0005%
0.1000%
0.0500%
Nutrient Rich Compost Hidden
From View
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If your compost contains less than the following:
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Calcium
Magnesium
Sulfur
Boron
Copper
Iron
Manganese
Zinc
10,000ppm
5,000ppm
10,000ppm
200ppm
500ppm
1,000ppm
500ppm
500ppm
Private Sector Experience
This is not what we wanna’ do!
This is what we want to do!
History of Compost
Regulation
1970 Senator Ralph Dills rescued compost from
being defined as a “RICRA” hazardous waste
 HC Kellogg and Senator Dills put into legislation the
“Fertilizing Materials Section”
 Compost Defined
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Compost Defined
Is it a waste?
 Is it a resource?
 Is it a plant food?
 Is it a soil amendment
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How does it fall within the current structure?
Current Definitions
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14533. "Fertilizing
material" means any
commercial fertilizer,
agricultural mineral,
auxiliary soil and plant
substance, or packaged
soil amendment.
Current Definitions
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"Agricultural mineral" means any substance with nitrogen
(N), available phosphoric acid (P2O5), and soluble potash
(K2O), singly or in combination, in amounts less than 5
percent which is distributed for farm use, or any substance
only containing recognized essential secondary nutrients or
micronutrients in amounts equal or greater than minimum
amounts specified by the director, by regulation, and
distributed in this state as a source of these nutrients for the
purpose of promoting plant growth. It shall include gypsum,
liming materials, manure, wood fly ash, sewage sludge not
qualifying as commercial fertilizer, and captured dilute
solutions.
Current Definitions
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14563. "Specialty fertilizer" means packaged
commercial fertilizer labeled for home gardens,
lawns, shrubbery, flowers, and other similar
noncommercial uses. These products may contain
less than 5 percent nitrogen (N), available
phosphoric acid (P2O5), or soluble potash (K2O),
singly or collectively, detectable by chemical
methods.
Current Definitions
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14552. "Packaged soil amendment" means any substance
distributed for the purpose of promoting plant growth or
improving the quality of crops by conditioning soils solely
through physical means. It includes all of the following:
(a) Hay
(b) Straw
(c) Peat moss
(d) Leaf mold
(e) Sand
(f) Wood products
(g) Any product or mixture of products intended for use as a
potting medium, planting mix, or soilless growing media.
(h) Manures sold without guarantees for plant nutrients.
Current Definitions
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14517. "Bulk material" means fertilizing materials
distributed in nonpackaged form or in a container
containing more than 50 kilograms or 110 pounds.
Current Definitions
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14522. "Commercial fertilizer" means any
substance which contains 5 percent or more of
nitrogen (N), available phosphoric acid (P2O5), or
soluble potash (K2O), singly or collectively, which is
distributed in this state for promoting or stimulating
plant growth. "Commercial fertilizer" includes both
agricultural and specialty fertilizers. "Specialty
fertilizers" may contain less than 5 percent nitrogen
(N), available phosphoric acid (P2O5), or soluble
potash (K2O), singly or collectively.
Current Definitions
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14548. "Natural organic fertilizer" means materials derived
from either plant or animal products containing one or more
nutrients other than carbon, hydrogen, and oxygen, which are
essential for plant growth, which may be subjected to
biological degradation processes under normal conditions of
aging, rainfall, sun-curing, air drying, composting, rotting,
enzymatic, or anaerobic/aerobic bacterial action, or any
combination of these, which shall not be mixed with synthetic
materials or changed in any physical or chemical manner from
their initial state except by physical manipulations such as
drying, cooking, chopping, grinding, shredding, or pelleting.
Current Definitions
14525. "Compost" means a biologically stable
material derived from the composting process.
 14526. "Composting" means the biological
decomposition of organic matter which inhibits
pathogens, viable weed seeds, and odors.
"Composting" may be accomplished by mixing and
piling in a way as to promote aerobic or anaerobic
decay, or both.
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ACP Meeting with CDFA
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Meeting with Secretary Kawamura Staff
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John Gundlach, Dr. David Crohn and Kathy Kellogg
Johnson June 2006
Meeting with CDFA Staff October 2006
Composting Labeling Initiative
Goal
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To provide compost users with the information they
need in order to to manage their soils, crops, and
landscapes in an efficient, productive, and
environmentally sustainable manner.
Composting Labeling Initiative
Objectives
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Create a section in the State of California Food and Agriculture Laws that
recognizes the unique purpose and properties of composts.
Develop reasonable labeling standards that respect these unique purposes
and properties.
Provide customers with information about macro and micronutrient
concentrations in compost products.
Eliminate confusion with existing laws governing fertilizing materials that
restrict nutrient claims with respect to composts.
Distinguish between composts, which are used to sustain and protect soils;
and fertilizers, which are manufactured to supply nutrients.
Support federal and state environmental policies for sustainable organics,
water, soil, air, and energy management
Develop an industry-supported funding and cost effective oversight
mechanism.
A New Approach
The CDFA Staff willing to work on a whole new
section of law regulating compost
 We need industry consensus
 A single voice
 A non-controversial Bill in Fall 2007
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Benefits of New
Compost Section
Ability to communicate to the consumer
 Accurate and scientific plant nutrient claims
 Mill tax to fund CDFA’s governance
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Risks of Proposing New
Compost Section
Definition of compost is open to debate
 The feedstock wars begin
 Controversy turns off the consumer to compost
 Raising the public “Fear Factor”
 Infighting
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Nutrients, salinity, maturity, stability, contaminants,
pathogens
Risks of Proposing New
Compost Section
General Consumer apathy to the soil amendment category:
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Majority of consumers have a low awareness of the soil category, most don’t know
they need it.
They only think about it when purchasing green goods/plants if they think about it
al all.
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The category is confusing-planting mix, mulch, garden soil, soil conditioner, soil
prep.
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60 percent of consumers do not purchase soil when they purchase plants. (National
Gardening Survey)
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Getting consumer interested in compost can be an uphill battle when they are not
interested in the category.
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Regulatory development resulting in controversy could impact the consumer.
Risks of Proposing New
Compost Section
The “Yuck” Factor:
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Consumers are fine with animal waste and green waste, not human waste.
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The competition uses it as a negative selling point-painting it with a negative brush,
uses it on their bags and in their product knowledge to retailers.
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USDA Organic Food Act not allowing the use of any type of sludge based product in
organic production give the impression that they are ‘bad’.
Risks of Proposing New
Compost Section
Problems Marketing Compost Products
Consumer apathy to the soil amendment category:
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Majority of consumers have a low awareness of the soil category, most don’t know
they need it.
•
They only think about it when purchasing green goods/plants if they think about it
at all.
•
The category is confusing-planting mix, mulch, garden soil, soil conditioner, soil
prep.
•
60 percent of consumers do not purchase soil when they purchase plants. (National
Gardening Survey)
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Getting consumer interested in compost is an uphill battle when they are not
interested in the category.
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Labeling laws need to keep this in mind.
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