Regulation of Compost and Processed Sewage under the Fertilizers Act

Regulation of Compost and Regulation of Compost and Processed Sewage under Processed Sewage under

the the Fertilizers ActFertilizers Act

Nova Scotia Biosolids Forum

Kate BillingsleyA/ National Manager, Fertilizer Section, CFIA

June 13, 2005Truro, NS

OUTLINE OF THE PRESENTATION

1. Overview of the Fertilizer program

2. Compost under the Fertilizers Act

3. Regulation of compost

4. Processed sewage under the Fertilizers Act

5. Regulation of processed sewage

6. Partners in regulation

7. Standard- setting bodies

8. Regulatory amendments - Specific Regulatory Enhancements to Canada's BSE Feed Controls

OVERVIEW OF THE FERTILIZER PROGRAM

Regulatory authority

Products represented for use as fertilizers and

supplements are regulated* under the authority of

the Federal Fertilizers Act and Regulations

*Only products that are IMPORTED into Canada and/or SOLD are regulated under the Fertilizers Act. Manufacture, transport, storage, use, disposal and resulting environmental quality are not regulated under the Fertilizers Act


Defining “Sale”

Products that are SOLD, made available for SALE or represented for SALE fall under the Fertilizers Act.

Sale of product versus payment for servicesExample 1: Site admission FeeIf a fee is charged for site admission, it is considered a sale

Example 2: Transportation Fee

It is not considered sale IF the consumer has the option of picking up the product and is not charged

Example 3: Required purchase of empty package

It is not considered sale IF the consumer can bring their own container and is not charged


Product definitions

Fertilizer: means any substance or mixture of substances, containing nitrogen, phosphorus, potassium or other plant food, manufactured, sold or represented for use as a plant nutrient

agricultural and lawn & garden fertilizers (including weed & feed) containing:

- nitrogen, phosphorous, potassium- calcium, magnesium and sulphur- boron, copper, iron, manganese, molybdenum and zinc


Product definitions

Supplement: means any substance or mixture of substances, other than a fertilizer, that is manufactured, sold or represented for use in the improvement of the physical condition of soils or to aid plant growth or crop yields

Examples are: limestone, legume inoculants, wetting agents, plant growth regulators, humates and

compost


Fertilizers Act and Regulations

All fertilizers and supplements that are regulated under the Act (i.e. imported or sold) are required to be:

– SAFE

•plants,

• animals,

• humans (food, worker/bystander)

• the environment

– EFFICACIOUS

– PROPERLY LABELLED


According to the Fertilizers Act:

“No person shall sell, or import into Canada, any fertilizer or supplement unless the fertilizer or supplement has been registered as prescribed, conforms to prescribed standards and is packaged and labelled as prescribed”


Products that are subject to registration

Requirements

• Applicants are obligated to demonstrate that their product meets safety, efficacy, and labelling standards prior to being sold, and must pay fee

• Receive registration number and approved label

Examples

fertilizer-pesticide combinations for specialty uses, micronutrient fertilizers, farm fertilizers with cumulative nutrient content under 18% (organic) and 24% (chemical), legume inoculants, water-holding polymers


Products that are exempt from registration• Must still meet the safety, efficacy and labelling standards prescribed by the Fertilizers Regulations, but are not obligated to demonstrate this prior to sale• May receive a “letter of no objection to sale” after review of the list of ingredients, manufacturing conditions, analysis of pathogens, metal, and guarantees, and label• Optional, no fee, no registration number

Examples

N, P, K fertilizers, fertilizers and supplements listed in Schedule II (e.g. processed sewage, compost), customer formula fertilizers, fibrous organic materials such as peat, supplements sold only for correction of soil acidity or alkalinity

COMPOST UNDER THE FERTILIZERS ACT

Compost is listed in Schedule IISchedule II

– Currently exempt from registration

– must meet the composition and naming designation in Schedule II

Compost:Compost: “A solid mature product resulting from

composting, which is a managed process of bio-oxidation

of a solid heterogeneous organic substrate, including a

thermophilic phase. This product may be designated as to

kind.” (Item 5.1, Schedule II).

COMPOST UNDER THE FERTILIZERS ACT

Composted manure:Composted manure: (Specify grade) “Compost produced using the organic matter fraction of the excreta of animals or birds, with or without litter. The compost may use as little as 60% manure and as much as 40% of a carbon source, if the ratio reflects the need for a carbon source when composting the manure, and if the carbon source includes only materials that may be used as litter, such as straw, hay, bark, sawdust, wood chips, shavings, leaves, grass, wood chunks (such as branches and leaves), tree clippings and plant residues but not including treated wood or materials that have been chemically or biologically contaminated.” (Item 1.18, Schedule II).

Compost products may fit the definition of a supplement or a Compost products may fit the definition of a supplement or a supplement and a fertilizer depending on claims on the labelsupplement and a fertilizer depending on claims on the labelCompost products may fit the definition of a supplement or a Compost products may fit the definition of a supplement or a supplement and a fertilizer depending on claims on the labelsupplement and a fertilizer depending on claims on the label

SUPPLEMENT and

FERTILIZER

When compost is sold with nutrient claims, the guaranteed analysis must include minimum organic matter, maximum moisture content, and the minimum nutrient guarantee expressed as percent

MIXED PRODUCTS

If compost is mixed with other ingredients the ingredient must be included in the product`s name (e.g., compost with urea, compost with wetting agent)

The guaranteed analysis must include minimum organic matter and maximum moisture content expressed as percent

SUPPLEMENT

REGULATION OF COMPOST


SAFETYHeavy metal standards for maximum acceptable

cumulative addition to soil (based on application rates) listed in T-4-93; currently under review

Pathogen standards Salmonella and Faecal coliforms are currently used

as INDICATOR organisms (pathogen contamination and/or an incomplete composting process)

The standards are: Non detectable for Salmonella and <1000 MPN/g as the maximum for faecal coliforms

Other: dioxins, furans (27 TEQ)


EFFICACY

All compost products must be efficacious for every purpose for which they are sold

Products must meet all claims and labelled guarantees

LABELLING

The information required on a compost label include: brand, name of product, guaranteed analysis, weight, directions for use, name and address of packager/manufacturer


LABELLING

The guaranteed analysis for all compost products must include organic matter and maximum moisture (the

maximum currently accepted by the CFIA is 65%)

If compost is represented for sale as a fertilizer it must also meet the fertilizer labelling requirements which include nutrient guarantees (total nitrogen, available phosphoric acid P2O5 and soluble potash (K2O)


LABELLING

The directions for use must indicate:

- the rate, frequency and time of application

- the plant/crop on which the product is intended to be

used

- if the level of nutrient delivered is less than that

required for the crop species the following statement

must be included: “This product should be used as

par t of a complete fertilizer program that relates to

the fertility level of the soil”

PROCESSED SEWAGE UNDER THE FERTILIZERS ACT

Processed sewage is listed as a nitrogen product in Schedule IISchedule II

– currently exempt from registration– must meet the composition and naming designation in Schedule II

Processed sewage: (Specify grade) “Products made from sewage freed from grit and coarse solids that are dried, ground and screened “ (Item 1.19, Schedule II)

REGULATION OF PROCESSED SEWAGE

SAFETY

● Heavy metals (cumulative effect through successive applications)

● Pathogens (Salmonella and Faecal coliforms)

● Other (dioxins and furans)

EFFICACYThe product must be efficacious for every

purpose for which it is sold (must meet all claims and labelled guarantees)

REGULATION OF PROCESSED SEWAGE

LABELLING

A grade and nutrient guarantees are required for all products that contain processed sewage as

ingredient

Information required on the label includes: brand, name of product, grade, guaranteed analysis, weight, directions for use, name and address of the packager/manufacturer

PARTNERS IN REGULATION

CFIAPrograms: Fertilizer Core Team

• program design and policy

• product registration, label review, etc.

Operations: Inspection staff

• monitoring (sampling, inspection)

• compliance and enforcement

Laboratories: Laboratory Services

• analysis of samples

• method development

• lab accreditation

Operations

Programs

Laboratories


Sampling and Inspection

• Inspectors may sample any regulated product and verify label

• Compost and processed sewage may be tested for:

─ pathogens

─ heavy metals

─ nutrient/organic matter guarantees

• Products that are out of compliance may be subject to enforcement action e.g. detention


FEDERAL PARTNERSEnvironment Canada

● environmental quality standards

Health Canada

● human health and food safety

Agriculture and Agri-Food Canada

● research and analytical capability

● general farm policy including environmental impacts

Canadian Border Services Agency ● imports


FEDERAL- PROVINCIAL- MUNICIPAL PARTNERSHIPS

FEDERAL

Sale and import of fertilizer and/or

supplement products

PROVINCIAL/MUNICIPAL

Manufacture, Transport, Storage, Use and Disposal

Canadian Council of Ministers of the Environment (CCME)

CFIA

CCME

BNQ

• Provinces and territories regulate compost production, use and disposal of waste products

• Every province and territory is responsible for their own jurisdiction, but through the CCME they attempt to coordinate initiatives and harmonize standards

• CCME does not have the regulatory authority but the individual provinces and territories do

STANDARD SETTING BODIES

CFIA

CCME

BNQSTANDARD SETTING BODIES

Bureau de normalisation du Québec (BNQ)

• Assigned responsibility by Standards Council of Canada

• Sets national standards for composts applied by industry on voluntary basis

• Once approved, a label is stamped with BNQ accreditation

The standards may be in addition to, but must not The standards may be in addition to, but must not contravene the requirements of the Fertilizers Act and contravene the requirements of the Fertilizers Act and

RegulationsRegulations

REGULATORY AMENDMENTS

Specific Regulatory Enhancements to Canada's BSE Feed Controls

Proposed enhancement of the existing ruminant feed ban (as per Gazette 1 - Dec 2004)

Prohibit use of Specified Risk Materials (SRM) in all fertilizer and supplement products

Action required to ensure that this material does not accidentally re-enter the animal food chain by means of animals consuming fertilizers

SRM are tissues that are most likely to harbour the BSE agent in infected animals

Dead stock and condemned ruminant animals will also be considered as SRM.



Classes/types of fertilizers and supplements that could potentially contain material of animal origin will require registration, e.g. compost

Also new enhanced warning statements on labels

Through the registration of these products, government can proactively ensure the safety of products in the marketplace

No new safety requirements for registration, current standards still apply



Also proposing to require lot numbers on fertilizers, excluding customer-formula fertilizers

If an issue ever arises that requires the recall of a batch of product, the addition of the lot number will limit the recall to the affected batches and lots

Reduces potential cost of disposal of more product, and allows investigators to follow-up with the purchasers of the products.

Canadian Food Inspection AgencyArea OfficeAlan Hamilton, Fertilizer Program Specialist1081 Main St., Moncton, NBPhone: (506) [email protected]

HQPlant Production DivisionFertilizer Section59 Camelot Drive, Nepean, Ontario, K1A 0Y9Phone: (613) [email protected]

mailto:[email protected]

Regulation of Compost and Processed Sewage under the Fertilizers Act

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