NEWS, NOTES & QUOTES

Mulch & Soil Council • 10210 Leatherleaf Ct. • Manassas, VA 20111 • 703.257.0111 • Fax: 703.257.0213 • info@mulchandsoilcouncil.org

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National Newsletter of the Mulch & Soil Council August/September 2006

The program theme of the 35th Annual Meeting of the MSC is 2006 Forum For Change. In the past year, the mulch & soil industry has experienced perhaps the greatest num-

ber of industry issues with the potential to damage the consumer confidence in products: CCA contaminated mulch, Formosan Subterranean Termites, agricultural quarantines, mislabeled products, under-packed packages and environmental attacks on cypress mulch. It is clear that industry product guidelines and the MSC Certification Program proved to be major advantages in responding to issues and maintaining consumer confidence. It is also clear that more issues exist and early resolution is needed to protect the industry and its customers. A DIFFERENT TYPE OF PROGRAM: Our program will look at this year’s activities and progress and forecast their impact for next season. We will also look at U.S. Forest Service forecasts on forest supplies and issues affecting alternative material safety. We will continue with a look at consumer issues for retailers and their impact on producers. Finally, we will look at how Council committees propose to address issues to protect the industry. Then, we ask your input on proposed changes that will affect everybody’s business. We particularly invite industry comments on issues like package lot coding, tramp metal standards for nails, wire and other debris, color fastness issues, colorant standards, product toxicity warnings, insect infestation control and more. AN IMPORTANT OPPORTUNITY FOR YOUR INPUT: Change is inevitable. Manag-ing change is essential. That means new guidelines which create industry change; so, now is the time to have your voice heard on critical issues that will impact your business. Join us in Savannah and help MSC manage industry change in a way that benefits all members, big and small. This is an important event, and we encourage everyone to participate. MAKE ROOM RESERVATIONS NOW: Room reservations at the Riverfront Marriott must be made by Wednesday, September 27 to guarantee availability and our discount rate. Call 800.285.0398 or 912.233.7722 today and reserve your room. For more informa-tion on the 35th Annual Meeting, October 18-20, 2006, at the Riverfront Marriott Hotel in Savannah, GA, visit our website at www.mulchandsoilcouncil.org.

The MSC Standards Committee is currently seeking members who have an interest in helping evaluate the need for and/or methods of establishing industry standards for

products or practices. Past committee activities include development of testing protocols for product labeling/classification, development of terms and definitions, resolution of CCA-treated wood issues, maintaining and updating the MSC Voluntary Uniform Prod-uct Guidelines for Horticultural Mulches, Growing Media and Landscape Soils. Current issues under study include product lot coding, tramp metal issues, colorant issues, product toxicity and insect control. If you have an interest in addressing these or other product or process issues, please contact Standards Committee Chair Steve Jarahian (Fafard, Inc.) or MSC Executive Director Robert LaGasse. The Standards Committee meets quarterly or as necessary according to the work requirements.

MSC 35th Annual

Meeting News

Standards Committee

Seeks Volunteers

2 © Mulch & Soil Council, 20052

The MSC Certification Committee seeks volunteers to assist the Council in establish-ing program parameters and operational activities for the MSC Product Certification

Program. The committee does not set standards and is independent of the MSC Stan-dards Committee. The Certification Committee does incorporate the industry product guidelines into the certification program. Its primary objective is to decide resolution of certification program issues, advise the Standards Committee on industry issues and develop/ implement a marketing program to promote certified products to industry customers and their end users. The committee meets quarterly to review program prog-ress and resolve issues. Members interested in participating on the committee should contact Committee Chair Steve Titko (Scotts Miracle-Gro) or MSC Executive Director Robert LaGasse.

There is currently an effort on the part of the Department of Homeland Security (DHS) to create a notice letter that would accompany the “No Match Letter” that is

sent to employers. It is DHS’s contention that they are authorized to do this because, under current law, a No Match Letter can be used as a potential piece of evidence of constructive knowledge. The content of the DHS letter may include language similar to the following: “The receipt of the no-match letter could be due to the questionable immigration status of your employee, John Doe. It is possible that you, the employer, could potentially be exposed to liability under immigration laws.” Though the letter will not be deemed conclusive evidence, it is certainly something employers should be aware of and concerned about.

The North Carolina Dept. of Environment and Natural Resources, Division of Wa-ter Quality (DWQ) will seek approval from the NC Environmental Management

Commission on Sept. 14 to initiate the rulemaking process to lower the groundwater standard for arsenic from 50 ppb (parts per billion) to 20 ppt (parts per trillion). The Treated Wood Council reports it is working with the Wood Preservatives Science Coun-cil (WPSC) on this issue. Their representatives in Raleigh, NC, are advising us that the Commission will not involve itself in technical matters regarding the effort by DWQ. Therefore, TWC and WPSC will not submit information to the Commission at this time, but will prepare information for the rulemaking process.

In the Sept. 1st Federal Register, the U.S. EPA announced a public meeting scheduled for Nov. 14-16, 2006, in Arlington, VA, to review the studies evaluating the impact of

surface coatings on the level of dislodgeable arsenic, chromium and copper from CCA treated wood. EPA also invites public comments and nominations of scientific experts to serve on the Scientific Advisory Panel for this meeting.

Robust sales of garden soils and plant food helped Scotts Miracle-Gro post record sales gains during the 3rd quarter. The company saw a 24% increase in garden

soil sales and a 28% increase in lawn fertilizer purchases. The plant food increase was driven by the launch of Miracle-Gro LiquaFeed. The product’s year-to-date sales exceed $35 million, making it the most successful new product rollout in the company’s history.

According to a report by Susan Gordon of The News Tribune, in Tacoma, WA, anti-depressants and antihistamines, disinfectants and plasticizers, fire retardants and

fragrances are just some of the chemicals consumers might be applying to their lawns. In government-sponsored research, scientists found dozens of medicinal, industrial and household compounds in treated sewage sludge, or biosolids, that are often marketed by local governments as lawn-and-garden enhancements.

Nine biosolid products, representing four preparation methods from seven states, including Washington, were analyzed. Wastewater treatment and biosolid preparation methods failed to remove 25 compounds detected in all of the samples, scientists found.

Certification Committee

Seeks Volunteers

“No Match” SSN Could Trigger DHS

Immigration Notice

NC DWQ Proposes 20 ppt Water

Std on Arsenic

EPA EvaluatingCCA Coatings

Scotts ReportsRecord 3qtr

Biosolids Contaminants

Under Study

© Mulch & Soil Council, 2006

3© Mulch & Soil Council, 2005 3

The composition of compounds from the nine products was “reasonably consistent” and may mirror nationwide outcomes, the scientists said. Overall, as many as 55 compounds were detected in one product, and all contained at least 30. Government regulators, health officials and Puget Sound biosolids producers said there is no immediate risk to public health. The study’s authors said more research is needed to determine potential long-term effects on the environment. The research article, “Survey of Organic Wastewater Contaminants in Biosolids Destined for Land Application,” was published online by Environmental Science & Technology. It can be downloaded for a fee.

The U.S. Army Corps of Engineers and the Environmental Protection Agency are de-veloping guidance to clarify matters following the recent U.S. Supreme Court ruling

that was unable to define a navigable water under the Clean Water Act. Until the guid-ance is issued, the two agencies have directed their field offices to refrain from taking any position on the scope of the “waters of the United States,” as defined by Section 404 of the Clean Water Act. The Supreme Court, however, was unable to clarify whether the Corps could require National Pollutant Discharge Elimination System permits under Section 404 of the Clean Water Act from those who would fill, or discharge pollutants into, wetlands either separated by man-made barriers from tributaries or located next to smaller tributaries, such as drainage ditches, that flow into larger streams, lakes, or riv-ers used for navigational purposes. It should be noted that cypress harvesting often falls under an exemption to Section 404 of the CWA, and a change in the definition of navi-gable waters could impact those permit exemptions.

In spite of protests by the Mulch & Soil Council, bark and bark products were added to the quarantine list for the USDA/APHIS Gypsy Moth Program effective August 28,

2006. Mulch producers and bark-based soil producers within a gypsy moth quarantine may not ship products to (or through) a non-quarantine area without special permits and precautions against spreading the pest. For large shippers (including all mulch and soil producers) employee training to detect and treat infestation will be required. Treat-ment may include fumigation or composting in accordance with APHIS guidelines. All members located within a gypsy moth quarantine area (see map below) should refer to the updated Gypsy Moth Program Manual published by the USDA. An electronic copy of the manual is available on request from the MSC office. Contact Jennifer at membership@mulchandsoilcouncil.org.

Supreme Court Ruling Clouds

Wetlands Issues

Bark & Bark Products Added

To Gypsy Moth Quarantine

DCDCDCDCDCDCDCDCDC

VirginiaVirginiaVirginiaVirginiaVirginiaVirginiaVirginiaVirginiaVirginia

New JerseyNew JerseyNew JerseyNew JerseyNew JerseyNew JerseyNew JerseyNew JerseyNew Jersey

DelawareDelawareDelawareDelawareDelawareDelawareDelawareDelawareDelaware

MarylandMarylandMarylandMarylandMarylandMarylandMarylandMarylandMaryland

ConnecticutConnecticutConnecticutConnecticutConnecticutConnecticutConnecticutConnecticutConnecticut

North CarolinaNorth CarolinaNorth CarolinaNorth CarolinaNorth CarolinaNorth CarolinaNorth CarolinaNorth CarolinaNorth Carolina

WestWestWestWestWestWestWestWestWestVirginiaVirginiaVirginiaVirginiaVirginiaVirginiaVirginiaVirginiaVirginia

PennsylvaniaPennsylvaniaPennsylvaniaPennsylvaniaPennsylvaniaPennsylvaniaPennsylvaniaPennsylvaniaPennsylvania

VermontVermontVermontVermontVermontVermontVermontVermontVermont

NewNewNewNewNewNewNewNewNewHampshireHampshireHampshireHampshireHampshireHampshireHampshireHampshireHampshire

MassachusettsMassachusettsMassachusettsMassachusettsMassachusettsMassachusettsMassachusettsMassachusettsMassachusetts

Rhode IslandRhode IslandRhode IslandRhode IslandRhode IslandRhode IslandRhode IslandRhode IslandRhode Island

MichiganMichiganMichiganMichiganMichiganMichiganMichiganMichiganMichigan

WisconsinWisconsinWisconsinWisconsinWisconsinWisconsinWisconsinWisconsinWisconsin

OhioOhioOhioOhioOhioOhioOhioOhioOhio

KentuckyKentuckyKentuckyKentuckyKentuckyKentuckyKentuckyKentuckyKentucky

TennesseeTennesseeTennesseeTennesseeTennesseeTennesseeTennesseeTennesseeTennessee

Nova ScotiaNova ScotiaNova ScotiaNova ScotiaNova ScotiaNova ScotiaNova ScotiaNova ScotiaNova Scotia

New BrunswickNew BrunswickNew BrunswickNew BrunswickNew BrunswickNew BrunswickNew BrunswickNew BrunswickNew Brunswick

OntarioOntarioOntarioOntarioOntarioOntarioOntarioOntarioOntario QuebecQuebecQuebecQuebecQuebecQuebecQuebecQuebecQuebec

IllinoisIllinoisIllinoisIllinoisIllinoisIllinoisIllinoisIllinoisIllinois IndianaIndianaIndianaIndianaIndianaIndianaIndianaIndianaIndiana

MaineMaineMaineMaineMaineMaineMaineMaineMaine

New YorkNew YorkNew YorkNew YorkNew YorkNew YorkNew YorkNew YorkNew York

IowaIowaIowaIowaIowaIowaIowaIowaIowa

MinnesotaMinnesotaMinnesotaMinnesotaMinnesotaMinnesotaMinnesotaMinnesotaMinnesota

MissouriMissouriMissouriMissouriMissouriMissouriMissouriMissouriMissouri

Consult your State or Federal plantprotection inspector or your county agentfor assistance regarding exact areas underregulation and requirements for movingregulated articles.For detailed information see 7 CFR 301.45for quarantine and regulation.

Legend

Counties quarantined in 2006

Counties quarantined in 2005

Counties quarantined in 2004

Portion of County Quarantined

Entire County Quarantined prior to 2004

http://www.aphis.usda.gov/ppq/maps/gypmoth.pdf

Restrictions are imposed on the movement of the regulated articles fromthe quarantined areas into or through areas outside of the quarantine

United States Department of Agriculture - Animal and Plant Health Inspection Service

June 1, 2006

European Gypsy Moth (Lymantria dispar) Quarantine

4 © Mulch & Soil Council, 20054

New Certified Products

Landscape Soil & Soil AmendmentSun Gro Horticulture Canada Ltd. Sunshine Pro Lawn & Garden Top SoilSun Gro Horticulture Canada Ltd. Sunshine Pro Premium Planting MixSun Gro Horticulture Canada Ltd. Sunshine Pro Seed & Sod Starter

MulchGarick Corporation Decorative Cypress Blend MulchB.G. Katz Nurseries, Inc. Virgin Wood Mulch (Gold)Sun Gro Horticulture Canada Ltd. Sunshine Pro Bark Mulch

Premium Horticultural Growing MediaSun Gro Horticulture Canada Ltd. Sunshine Pro Premium Potting Soil

Recertified Products

Landscape Soil & Soil AmendmentsScotts Company Miracle-Gro Garden Soil, Flowers & VegetablesScotts Company Miracle-Gro Garden Soil, RosesScotts Company Miracle-Gro Garden Soil, Trees & ShrubsScotts Company Miracle-Gro Organic Choice Garden Soil

MulchAtlantic Horticultural Products Cedar MulchAustin Wood Recycling Ltd. Texas Native Hardwood MulchAustin Wood Recycling Ltd. Texas Native Red Shredded Cedar MulchB and B Bedding Mahaska Mulch Radiant Color Mulch (Red)B and B Bedding Premium Cypress Mulch Blend – Mahaska MulchB and B Bedding Premium Hardwood Mulch-Chief Select Mahaska MulchGarick Corporation Forest Floor Black Satin MulchGarick Corporation Paygro Premium Black Satin MulchGarick Corporation Smith Garden Products - Pine Bark Mini-NuggetsGarick Corporation Smith Garden Products – Pine Bark MulchGarick Corporation Smith Garden Products – Pine Bark NuggetsGarick Corporation Smith Garden Products – Red Landscape MulchGarick Corporation Smith Garden Products Black Landscape MulchGarick Corporation Smith Garden Products Fancy Hardwood MulchHope Agri Products Colored Mulch (Hapi-Gro)Hope Agri Products Scotchman’s Choice Cedar MulchHope Agri Products Scotchman’s Choice Cypress MulchHope Agri Products Scotchman’s Choice Hardwood MulchHope Agri Products Scotchman’s Choice Pine Bark MulchOldcastle Color Majic Designer MulchSims Bark Co. American Countryside Cedar MulchSims Bark Co. American Countryside Cypress Mulch

Premium Horticultural Growing MediaScotts Company Miracle-Gro Organic Choiee Potting MixScotts Company Miracle-Gro Potting Mix w/Continuous Release Plant Food

Decertified Products

Non-Renewed Mulch LabelsB and B Bedding Erwin House Pine Bark MulchB and B Bedding Pine Bark NuggetsGarick Corporation Smith Garden Products – Cypress Mulch

Product Certification