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

% All Customers

South62% North 32% PNW 6%

Total 100%1. Ontario, CA

2. Lockeford, CA

3. Longview, WA

WA

OR

ID

N. CA

NV

UT

AZ

2

3

11

2

3

S. CA

Vegas

Hawaii

LockefordOntario

Private Sector

Experience

Ingredients & ClaimsTrace elements in Nitrohumus:

• Trace minerals are present and available.

• California sets minimums on levels of trace elements such that we cannot claim their mere presence.

• We believe that we should be able to list trace minerals, as long as we don’t make claims about their availability and benefit.

• We believe it is the environmentally responsible thing to do.

The ProblemSecondary and micronutrient guarantee

Calcium (Ca) 1.0000% Magnesium (Mg) 0.5000% Sulfur (S) 1.0000% Boron (B) 0.0200% Chlorine (Cl) 0.1000% Cobalt (Co) 0.0005% Copper (Cu) 0.0500%

% Chelated Copper Iron (Fe) 0.1000% % Chelated Iron Manganese (Mn) 0.0500%

% Chelated Manganese Molybdenum (Mo) 0.0005% Sodium (Na) 0.1000% Zinc (Zn) 0.0500%

% Chelated Zinc

MINIM

UMS

Nutrient Rich Compost Hidden From View If your compost contains less than the following:

Calcium 10,000ppm Magnesium 5,000ppm Sulfur 10,000ppm Boron 200ppm Copper 500ppm Iron 1,000ppm Manganese 500ppm Zinc 500ppmYOU C

AN’T LIS

T THEM

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

Compost Defined Is it a waste? Is it a resource? Is it a plant food? Is it a soil amendment

How does it fall within the current structure?

Current Definitions 14533. "Fertilizing

material" means any commercial fertilizer, agricultural mineral, auxiliary soil and plant substance, or packaged soil amendment.

Current Definitions "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 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 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 14517. "Bulk material" means fertilizing materials

distributed in nonpackaged form or in a container containing more than 50 kilograms or 110 pounds.

Current Definitions 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 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.

ACP Meeting with CDFA Meeting with Secretary Kawamura Staff

John Gundlach, Dr. David Crohn and Kathy Kellogg Johnson June 2006

Meeting with CDFA Staff October 2006

Composting Labeling InitiativeGoal

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 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

Benefits of New Compost Section Ability to communicate to the consumer Accurate and scientific plant nutrient claims Mill tax to fund CDFA’s governance

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

Nutrients, salinity, maturity, stability, contaminants, pathogens

Risks of Proposing New

Compost Section General Consumer apathy to the soil amendment category:

• 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.

• 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)

• Getting consumer interested in compost can be an uphill battle when they are not interested in the category.

• Regulatory development resulting in controversy could impact the consumer.

Risks of Proposing New

Compost Section

The “Yuck” Factor:

• Consumers are fine with animal waste and green waste, not human waste.

• 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.

• 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

ProductsConsumer apathy to the soil amendment category:

• 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)

• Getting consumer interested in compost is an uphill battle when they are not interested in the category.

• Labeling laws need to keep this in mind.

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