State Fertilizer Laws & Regulations 2012*UPDATED as of July 12, 2012*

The following document is strictly an interpretation of the individual state laws regarding lawn fertilizer. Jonathan Green will not be held liable for any misrepresentation or misinformation. Please refer to your state’s government websites and local and town ordinances for the most current and accurate information.

Connecticut There do not appear to be any restrictions at this time. Connecticut Department of Agriculture: http://www.ct.gov/doag/site/default.asp University of Connecticut Cooperative Extension Agency: http://www.extension.uconn.edu/

Washington D.C. There is a bill in progress called the “Sustainable DC Act of 2012” and subtitled the “Anacostia

River Clean Up and Protection Fertilizer Act of 2012” that would implement lawn fertilizer restrictions similar to Maryland and Virginia.

Restricts the application of fertilizer, implements a public education program, imposes specific labeling requirements on manufacturers and establishes a fine structure for violations.

Fertilizer application would be restricted to beyond 25 feet from a waterbody, not during a heavy rainfall or when soil is saturated, only between March 1st and November 15th, only fertilizers with less than 0.67% phosphate by weight, and for fertilizers with nitrogen, applied at a rate of less than 0.7 lbs/1,000 feet of water soluble nitrogen or less than 0.9 lbs/1,000 sq. ft. of total nitrogen.

A fertilizer containing nitrogen may only be applied to turf if it is at least 20% slow release. The public education program would create a sheet for retailers that sell 50 pound or more bags

of fertilizer and a general public awareness campaign addressing the proper application, management of fertilizer and the impact on the environment.

Would require manufacturers to labels products with, “Do not apply near water, storm drains or drainage ditches. Do not apply if heavy rain is expected. Apply this product only to your lawn and sweep any product that lands on the driveway, sidewalk or street back onto your lawn.”

Very similar to the Maryland Fertilizer Use Act of 2011 excluding a few costlier provisions related to the training and certification of fertilizer applicators.

A low phosphorus organic fertilizer may be applied to turf after a soil test is conducted within the last three years that indicates the level of phosphorus in the soil is insufficient to establish, reestablish, repair, or support adequate turf growth, as determined by the Department. The application of fertilizer allowed shall not exceed the amount or rate of application of fertilizer recommended by the soil test.

“Sustainable DC Act of 2012” text: http://aoba-metro.org/uploads/docs/2012/B19-756%20Sustainable%20DC%20Act%20of%202012.pdf

United States Department of Agriculture: http://www.usda.gov/wps/portal/usda/usdahome University of the District of Columbia Agricultural Experiment Station:

http://www.udc.edu/aes_new/index.htm

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Delaware

Regulations effective as of 2007. Anyone applying fertilizer must be certified. Limit the application of commercial and manure-based fertilizer between December 7 and

February 15. The application may not occur on snow-covered or frozen ground The application may not occur on imperious services such as sidewalks, roads and over paved

areas; any misdirected fertilizer must be removed on the same day of application. Delaware Agriculture Regulatory Provisions:

http://delcode.delaware.gov/title3/c021/index.shtml Delaware Administrative Code:

http://regulations.delaware.gov/AdminCode/title3/1200/1201.pdf University of Delaware Cooperative Extension Agency: http://ag.udel.edu/extension/

Illinois

As of July 6, 2010 this bill prohibits any applicator for hire from applying fertilizer material containing phosphorus to any parcel of turfgrass except as demonstrated to be necessary by a soil test conducted no more than 36 months before the intended application by a laboratory already identified and approved by the Department of Agriculture, unless the fertilizer material is a 0% phosphate fertilizer or a person is establishing turfgrass in the first growing season.

Restricts the application of fertilizer material on impervious surfaces, near bodies of water, and when the ground is frozen. Application must be 3-15 feet setback from water.

There are no restrictions on the sale of phosphorus lawn fertilizers. The enforcement of the law comes from the Department of Agriculture and the Attorney

General’s office. Penalty amounts range from $250-$1,000. The state is not required to provide consumer information about the law. Phosphorus lawn fertilizer can be applied with a soil test is taken and a deficiency is present,

when establishing new turf or for “lawn repair”. Paved surfaces must be swept and cleaned after any fertilizer application. Exempts the following types of property from the requirements of the Act: property used in the

operation of a commercial farm, lands classified as agricultural lands, sod farms and golf courses.

For more information visit: http://www.ilga.gov/legislation/BillStatus.asp?DocNum=6099&GAID=10&DocTypeID=HB&SessionID=76&GA=96

Illinois Fertilizer Act of 1961: http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1688&ChapAct=505%EF%BF%BDILCS%EF%BF%BD80/&ChapterID=40&ChapterName=AGRICULTURE&ActName=Illinois+Fertilizer+Act+of+1961 .

University of Illinois Extension Horticulture Agency: http://web.extension.illinois.edu/state/hort.html

Indiana

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There is no legislation currently in place that restricts the use of fertilizers containing phosphorus.

Indiana commercial fertilizer law: http://www.isco.purdue.edu/fertilizer/fert_pdf/2005_fertlaw.pdf

As of December 22, 2011 the Hoosier Environmental Council (HEC) is seeking legislation that would reduce the amount of phosphorous in waterways. During the last session, a House bill that would have restricted use of lawn fertilizers containing phosphorus failed to advance. Kharbanda, executive director of HEC, declined to elaborate on the shape a new bill could take, but suggested that a consumer education program at retail stores could be one possible avenue.

Link to the article: http://insurancenewsnet.com/article.aspx?id=318263 Purdue University Extension Agency: http://www.ag.purdue.edu/extension/pages/default.aspx

Kansas

There do not appear to be any restrictions at this time. Kansas Department of Agriculture: http://www.ksda.gov/ Kansas State Cooperative Extension Agency: http://www.ksre.ksu.edu/

Kentucky

There do not appear to be any restrictions at this time. Kentucky Department of Agriculture: http://www.kyagr.com/ University of Kentucky Cooperative Extension Agency: http://ces.ca.uky.edu/ces/

Maine

A person may not sell fertilizer containing phosphorus at a retail store after January 1, 2008 unless the seller posts a department-approved sign that indicates that the product is not appropriate for use on nonagricultural lawns or turf due to potential adverse effects on water quality, except when:

o Soil test results from a laboratory indicate that additional phosphorus is needed for that lawn or turf; or

o The fertilizer will be used in establishing a new lawn or turf, including establishing turf at a sod farm, or for reseeding or overseeding an existing lawn or turf.

The sign required by this paragraph must be positioned between 4 and 7 feet above the floor and prominently posted where fertilizers containing phosphorus for use on lawns or turf are displayed. For purposes of this paragraph, “retail store” means a commercial establishment that sells fertilizer on the store premises for use off the premises.

Article on the Maine DEP regulation: http://www.maine.gov/tools/whatsnew/index.php?topic=DEP+News&id=52986&v=Article

Main DEP “Lawns Green, Waters Clean” Article: http://www.maine.gov/dep/land/watershed/fert/phospage.html

University of Maine Cooperative Extension: http://extension.umaine.edu/

Maryland

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There is a zero phosphorus law in Maryland. A low phosphorus law was passed in the spring of 2009 and one part took effect in April 2010

while the rest will be in effect as of April 2011. The new law only applies to lawn foods for established lawns slated for retail purchase. Phosphorus fertilizer can be used when a soil test determines a deficiency in phosphorus,

establishing vegetation or repairing turf. The exceptions are a natural organic or organic product containing phosphorus may be sold to

commercial applications for use on soils that test medium or low for phosphorus. Cannot apply on soils that test “optimum to excessive.”

In 2013 commercial applicators may only apply natural organics and organics that meet the slow phosphorus standard of 0.25 pounds P/1,000 sq. ft. per application with an annual maximum of 0.5 lbs P/1,000 sq. ft.

Starter lawn fertilizers and agricultural fertilizers are exempt. Lawn fertilizers for the commercial lawn care operators are exempt. All tree and shrub, vegetable and flowers foods are exempt. Jonathan Green 10-6-4 is not

exempt as it is Lawn, Tree & Shrub. All new lawn foods must be 1.5% Phosphoric Acid or below, phosphate is okay. Restrictions on nitrogen use: water soluble nitrogen is no more than 0.7 pounds per 1,000

square foot per application. Total nitrogen is no more than 0.9 pounds per 1,000 square foot per application. Bags sold must have at least 20% slow release nitrogen. Professional applications do not have a slow release requirement.

Existing lawn foods must have 5.0% Phosphoric Acid or below. Beginning April 1, 2011 fertilizer in excess of 5% available phosphoric acid may not be used on

established lawn and the label may not have spreader setting information pertinent to lawn fertilization. The label must include the statement “Not for use on established lawns or grass” in at least a ¾” font on the front size of the container.

Beginning April 1, 2011 retail establishments are prohibited from selling/distributing fertilizer for established lawns/grass unless it is a low phosphorus fertilizer.

By April 1, 2011 manufacturers/registrants of lawn fertilizers must reduce the amount of available phosphoric acid resulting from the application of their products in Maryland by 50% from 2006 levels.

Beginning in 2011 a manufacturer/registrant is required to report annually to MDA at the end of the calendar year the pounds of phosphorus from its lawn care products sold at retail locations in Maryland.

No fertilizer can be applied to frozen ground or impervious surfaces. No application within 15 feet of water body/or within 10 feet if using a drop spreader, rotary

spreader with deflector or targeted spray liquid. Restrictions apply to processed sewage solids. No fertilizer product may be labeled for use as a de-icer. Blackout dates for consumers from November 15-March 1. Blackout dates for commercial applicators from November 15-March 1. From November 16 to

December 1 using only water soluble N (no slow release) at the reduced rate of 0.5 lbs/1,000 sq. ft. or less.

Restrictions on enhanced efficiency controlled release products: the annual application cannot exceed 2.5 lbs with a 0.7 lbs N/1,000 sq. ft. monthly release rate. Application cannot exceed 80% of UMD recommended rate. Application must be discontinued from November 15-March 1 of each calendar year.

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Commercial applicators are required to have Fertilizer Application Certification or be under direct supervision of certified applicator. Subject to civil fines from incorrect application; $1,000 first offense, $2,000 second offense.

Department of Agriculture will offer training, approve other training courses and publish list of certified applicators on their website.

The state law pre-empts local laws. There will be a Public Education Program for consumers to disseminate information on: nutrient

pollution, proper use of fertilizer, soil testing, interpreting label instructions and use and calibration of equipment.

Reporting requirement: annual reporting of retail sales by sector: lawn and turf, golf course and athletic field, gardening, greenhouse and nurseries.

The following language must appear conspicuously on containers of specialty fertilizer intended for use on urban turf: “Do not apply near water, storm drains, or drainage ditches. Do not apply if heavy rain is expected. Apply this product only to your lawn or garden and sweep any product that lands on the driveway, sidewalk or street back onto your lawn or garden.”

Copy of law available from the Maryland General Assembly website: http://mlis.state.md.us./2009rs/chapters_noln/Ch_278_sb0553T.pdf

University of Maryland Cooperative Extension Agency: http://extension.umd.edu/

Massachusetts

Bill H.3270 to reduce phosphorus runoff filed on February 18, 2011: http://www.malegislature.gov/Bills/187/House/H03270

Following is the text from Bill H.3270 and the proposed amendments. This bill has not passed but is currently in the Massachusetts courts:

“Phosphorus fertilizer”, fertilizer in which the available phosphate content is greater than .67 percent by weight, excluding compost.

Restrictions on Sale or Use of Phosphorus Fertilizer: No person shall apply or authorize any person, by way of service contract or other arrangement

to apply in the commonwealth any phosphorus fertilizer on lawn or non-agricultural turf, except when: (1) a soil test indicates that additional phosphorus is needed for growth of that lawn or non-agricultural turf; or (2) the phosphorus fertilizer is used for a newly established lawn or non-agricultural turf during the first growing season.

Any retailer selling or offering for sale phosphorus fertilizer for use on lawn or non-agricultural turf shall comply with retail sale requirements.

No person shall apply fertilizer to: (1) lawn or non-agricultural turf between December 1 and April 1 annually; (2) any impervious surface including parking lots, roadways, and sidewalks. If such application occurs, the fertilizer must immediately be contained and either legally applied to lawn or non-agricultural turf or placed in an appropriate container; or (3) any lawn or non-agricultural turf on any real property within 20 feet of any surface water, except that this restriction shall not apply where a continuous natural vegetative buffer, at least 10 feet wide, separates an area of lawn or non-agricultural turf and surface water, and except that, where a spreader guard, deflector shield or drop spreader is used to apply fertilizer, such application may not occur within 3 feet of any surface water. This paragraph shall not apply to an application of fertilizer for newly established lawn or non-agricultural turf during the first growing season.

Any municipality may enact more stringent standards for the application of fertilizer for lawn or non-agricultural turf than set forth in this section; provided, however, that the municipality that enacts such standards after January 1, 2013 must demonstrate to the department prior to

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enactment that additional or more stringent standards are necessary to address local water quality conditions.

Except as otherwise provided, any person found liable for a violation of this section shall be assessed a civil fine of up to $500 for a first violation, and up to $1,000 for each subsequent violation.

Any owner or agent of an owner, or occupant of a household who violates this section shall, for a first violation, be issued a written warning and provided with educational materials. If found liable for a second violation, the owner or agent of the owner, or occupant of a household shall be assessed a civil fine of up to $100, and for any subsequent violation, shall be assessed a fine of up to $250. No owner or agent of an owner shall be liable for any violation by an occupant.

Any retailer who sells or offers for sale to consumers, specialty fertilizer in which the available phosphate content is greater than .67 per cent shall: (1) display such phosphorus containing specialty fertilizer separately from non-phosphorus specialty fertilizer; and (2) post in a location where phosphorus-containing specialty fertilizer is displayed a clearly visible and conspicuous sign which is at least 8.5 by 11 inches in size and states the following: “PHOSPHORUS RUNOFF POSES A THREAT TO WATER QUALITY. THEREFORE, UNDER MASSACHUSETTS LAW, PHOSPHORUS-CONTAINING FERTILIZER MAY ONLY BE APPLIED TO LAWN OR NON-AGRICULTURAL TURF WHEN (i) a soil test indicates that additional phosphorus is needed for growth of that lawn or non-agricultural turf; or (ii) the fertilizer is used for a newly established lawn or non-agricultural turf during the first growing season.”

Retailers shall have 60 days from the effective date of this section to sell through the products held in inventory on said effective date. Persons may continue to use phosphorus fertilizer on lawn and non-agricultural turf, if the fertilizer was purchased prior to January 1, 2013.

Sections 1 and 2 of this act shall take effect 30 days after the effective date. SECTION 10. Sections 3 to 8, inclusive, of this act shall take effect on January 1, 2013.

Massachusetts Department of Agricultural Resources: http://www.mass.gov/agr/ University of Massachusetts Amherst Cooperative Extension Agency:

http://extension.umass.edu/

Michigan

As of January 1, 2012 the application of any fertilizer that is labeled as containing available phosphate to turf is prohibited unless an exception applies.

Exceptions include: when a test has shown a need for phosphate fertilizer, the turf is in its first growing season, the fertilizer is finished sewage sludge, organic manure or manipulated manure and it is applied at an allowed rate.

Phosphate fertilizer can be applied to a golf course in the following circumstances: the golf course has been certified after its staff completed an approved training course, when a test has shown the need for it to be applied at an allowable rate, the turf is in its first growing season.

Phosphate fertilizer can be applied on a sod farm. The application of any fertilizer on turf is prohibited when it is located within 15 feet of surface

water, unless there is a vegetative buffer between the turf and surface water or certain equipment is used to apply the fertilizer.

The bill prohibits the cleaning of turf fertilizers spreaders in a manner that allows the wash water to discharge directly into waters of the state, including drains governed by the Drain Code.

Requires fertilizer spilled on an impervious surface (i.e. paved highway, street, sidewalk, driveway or parking lot) to be cleaned up promptly.

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Prohibits applying fertilizer to turf when soil is frozen or saturated with water. Setback from water must be 3-15 feet.

There are no restrictions on the sale of phosphorus law fertilizers. Allows local phosphate fertilizer ordinances that are in effect when the bill is enacted to be

maintained and enforced. Also enforced by the Department of Agriculture and the Attorney General.

Penalty amounts range from $50-$1,000. The state is required to provide consumer information regarding the law. Copy of this bill is available at the Michigan Legislature Website:

http://www.legislature.mi.gov/%28S%28ksvqaz55gazt2155op11qnj4%29%29/mileg.aspx?page=GetObject&objectname=2009-HB-5368

Michigan State University Cooperative Extension Agency: http://msue.anr.msu.edu/

Minnesota

Restriction on phosphorus fertilizer use on lawns and turf started in 2004 in the seven county Twin Cities metro area and in Minnesota’s other 80 counties in 2005.

Fertilizers containing phosphorus cannot be used on lawns and turf in Minnesota unless one of the following situations exists:

o A soil test or plant tissue test shows a need for phosphorus. o A new lawn is being established by seeding or laying sod. o Phosphorus fertilizer is being applied on a golf course by trained staff.o Phosphorus fertilizer is being applied on farms growing sod for sale.

When these situations do not exist, state law requires phosphorus-free lawn fertilizer is to be used.

There are no exemptions for types of manure or sewage sludge. When used, phosphorus lawn fertilizer needs to be applied at rates recommended by the

University of Minnesota and approved by the Minnesota Department of Agriculture. These rates are based on soil test results and can be found in the University of Minnesota Extension publication Fertilizing Lawns found at: http://www.extension.umn.edu/distribution/horticulture/DG3338.html

Fertilizer spilled or spread on paved surfaces such as sidewalks, driveways, and streets needs to be cleaned up immediately to prevent it from washing away into rivers, lakes and wetlands. This applies to all fertilizers, whether or not they contain phosphorus or not.

Minnesota Rule 1510.0420 sets the "investigational allowance" for the analysis of phosphorus fertilizers at 0.67% phosphate (analysis of phosphorus fertilizer is given in terms of phosphate, P2O5).

Minnesota Statutes 18C.211 requires nutrient analysis of specialty fertilizers (which includes lawn fertilizer) not to exceed or be below this amount. Therefore to be labeled 0% phosphate, a lawn fertilizer cannot contain more than 0.67% phosphate by weight.

The Minnesota law does not restrict the sale of phosphorus lawn fertilizer. Does not exempt organic fertilizers. Exempted applicators on golf courses and sod farms. Enforcement is delegated to local units of government and the penalty amounts vary by local

units. The Minnesota law preempts regulation of all fertilizers by local units. Local ordinances

regulating the sale of phosphorus lawn fertilizer were grandfathered.

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The law does not require any distance or setbacks from water. No restrictions on frozen and saturated soils.

The state is required to provide consumer information in regards to the law. Full text can be found at:

https://www.revisor.mn.gov/revisor/pages/statute/statute_chapter_toc.php?year=2006&chapter=18c

University of Minnesota Cooperative Extension Agency: http://www.extension.umn.edu/ Minnesota Department of Agriculture Phosphorus Lawn Fertilizer Law:

http://www.mda.state.mn.us/protecting/waterprotection/phoslaw.aspx

New Hampshire

New Hampshire’s Shoreland Protection Act prohibits application of any fertilizers but limestone, slow-release nitrogen and low-phosphorus products within 250 feet of surface waters. State law also prohibits use of all pesticides and all fertilizers but limestone within 25 feet of shore.

Twenty-five feet beyond the reference line, low phosphate, slow release nitrogen fertilizer or limestone may be used.

Always check with local town ordinances as several towns have restrictions that are more stringent than the Shoreland Water Quality Protection Act.

New Hampshire Department of Environmental Services: http://des.nh.gov/index.htm New Hampshire Department of Agriculture: http://www.nh.gov/agric/index.htm University of New Hampshire Cooperative Extension Agency: http://extension.unh.edu/

New Jersey

Establish one State Fertilizer Standard – Pre-Emption of local municipal ordinances. Requires professional fertilizer applicators to be certified. Certification is going to be

administered by Rutgers as per the new law. Bans fertilizer applications for professionals before March 1st and after December 1st. Bans fertilizer applications for consumers from November 15th-March 1st. Restricts fertilizer applications near all water bodies: 25 feet from all water bodies, reduced to

10 feet with proper deflector equipment and an allowed rescue treatment annually. Restricts phosphorus use: No phosphorus can be used unless soil test proves phosphorus

application needed within three years or after soil disturbance when reestablishing turf surfaces.

A professional fertilizer applicator may not apply nitrogen at a rate of more than 1.0 lbs per 1,000 sq. ft., and no more than 0.7 lbs may be water soluble. Additionally, the annual total application may not exceed 4.25 lbs. nitrogen per 1,000 sq. ft.

Set fines for noncompliance: $500 fine for non-compliance 1st offense, $1000 2nd offense for professional applicators.

Exempts organic fertilizers by definition of manipulated manure. Effective Immediately – Sections 1: Definitions; Section 2: Prohibited fertilizer applications when:

on impervious surfaces, whenever a heavy rainfall is occurring or predicted, before March 1st or after December 1st, or any time ground is frozen, and Section 9: Authorization for DEP in consultation with Department of Agriculture to adopt rules – all are to be effective immediately.

Effective January 5, 2012 – One (1) year from date of signing, the bill will go into effect requiring: all professional to be certified; setting limits of nitrogen content to be used by consumers and professionals and banning the use of phosphorus without soil test.

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Effective January 5, 2013 – Section 11 (label and content requirements) shall take effect two (2) years after the date of signing outlawing fertilizer products that do not meet the new content standards set by the law. All fertilizer products for turf must contain at least 20 percent slow-release nitrogen, and zero phosphorus unless a soil test demonstrates a need for more.

As of January 5, 2012, all lawn care professionals must be certified in order to apply fertilizer in New Jersey. Rutgers University is administering the online training and certification program.

Quick facts about the NJ Fertilizer Law: http://ocean.njaes.rutgers.edu/documents/NJFertilizerLaw2011.pdf

New Jersey DEP: http://www.state.nj.us/dep/ Rutgers New Jersey Agricultural Experiment Station: http://njaes.rutgers.edu/ NJ Healthy Lawns Healthy Water: http://www.nj.gov/dep/healthylawnshealthywater/

New York

Beginning on January 1, 2012, the law will: o Prohibit the use of phosphorus-containing lawn fertilizer unless establishing a new lawn

or a test shows that the lawn does not have enough phosphorus.o Prohibit the application of lawn fertilizer on impervious surfaces and require pick up of

fertilizer applied or spilled onto impervious surfaces.o Prohibit the application of lawn fertilizer within 20 feet of any surface water except:

where there is a vegetative buffer of at least 10 feet; or where the fertilizer is applied by a device with a spreader guard, deflector shield or drop spreader at least three feet from surface water.

o Prohibit the application of lawn fertilizer between December 1st and April 1st. This provision DOES NOT impact agricultural fertilizer or fertilizer for gardens. All fertilizer for lawns and non-agricultural turf: No fertilizers may be applied within twenty feet

of surface water except where: a minimum ten foot wide vegetative buffer exists and the fertilizer is applied utilizing a spreader guard/deflector shield or drop spreader 3 ft. from water.

No fertilizers may be applied between December 1 and April 1. A phosphorus fertilizer is defined as a fertilizer that has a phosphate content of more than

0.67% phosphorus by weight. Phosphorus fertilizer may not be applied within 20 feet of any water body. Sprayers are not

exempted from this restriction. The exception to the 20-foot restriction on the use of fertilizer applies when using drop spreaders, spreader guards or deflector shields. These applications may be used within three (3) feet of a water body.

No fertilizer may be applied onto impervious surfaces (e.g. pavement). If application or spill onto an impervious surface occurs it must be contained and cleaned up or used legally applied.

Retailers must display phosphorus fertilizer separately from non-phosphorus fertilizer and must post an educational sign near the phosphorus fertilizer.

Local government may enact more stringent standards for the application of fertilizer for lawn and non-agricultural turf upon demonstration to the Department that more stringent standards are necessary to address local water quality conditions.

To learn more visit: http://www.dec.ny.gov/chemical/67239.html FAQ for Lawn Fertilizer: http://www.dec.ny.gov/chemical/74885.html New York DEP: http://www.dec.ny.gov/index.html Cornell University Cooperative Extension: http://www.cce.cornell.edu/Pages/Default.aspx

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North Carolina

There do not appear to be any restrictions at this time. North Carolina Department of Agriculture: http://www.ncagr.gov/ North Carolina State University Cooperative Extension: http://www.ces.ncsu.edu/

Ohio

There do not appear to be any restrictions at this time. Ohio Department of Agriculture: http://www.agri.ohio.gov/default.aspx Ohio State University Extension: http://extension.osu.edu/

Pennsylvania

There do not appear to be any restrictions at this time but there is a bill in the courts calling for similar legislation: http://www.pamatters.com/2011/07/18/bill-would-regulate-non-farm-fertilizer-to-improve-water-quality/

The bill SB 1191 which was proposed on July 21, 2011: http://www.mygov365.com/legislation/view/id/4e2a93b149e51bb847d80200/tab/versions/

Text from the bill: Fertilizer sold to consumers. Fertilizer sold to a consumer other than a professional fertilizer applicator and intended for use on turf shall: (1) contain no more than 0.7 pounds of water soluble nitrogen and no more than 0.9 pounds of total nitrogen, at least 20% of which shall consist of slow release nitrogen per 1,000 square feet when applied pursuant to the instructions on the container; and (2) contain no phosphorus, except when specifically labeled for the following purposes: (i) providing nutrients to specific soils and target vegetation as determined to be necessary pursuant to a soil test performed no more than three years prior to application: (ii) establishing vegetation for the first time; or (iii) reestablishing or repairing a turf area.

Labeling. (a) Mandatory label.--In addition to any other requirements under chapter 67 (relating to fertilizer), a container of fertilizer sold to a consumer other than a professional fertilizer applicator and intended for use on turf shall include the following statement on its label in a legible and conspicuous form: "Do not apply near water, storm drains or drainage ditches. Do not apply if heavy rain is expected. Apply this product only to your lawn and sweep any product that land on the driveway, sidewalk or street back onto your lawn." (b) Prohibited label.--No material containing nitrogen or phosphorus may be labeled for the purpose of melting snow or ice.

Application of fertilizer to turf. (a) Restrictions.--No person or professional fertilizer applicator may: (1) apply fertilizer intended for use on turf to an impervious surface. Any fertilizer inadvertently applied to an impervious surface shall be removed from the impervious surface; (2) apply fertilizer containing phosphorus or nitrogen to turf at any time when the ground is frozen or snow-covered; (3) apply fertilizer containing phosphorus or nitrogen to turf before March 1 or after November 15 in any calendar year, except as follows: (i) fertilizer containing no more than 0.5 pounds total nitrogen may be applied by a professional fertilizer applicator to turf after November 15 but before December 1 in a calendar year; or (ii) fertilizer may be applied at any time of the year by a professional fertilizer applicator to turf for the purpose of re-establishment or repair if the turf has been or will be actively used for a professional or

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scholastic athletic event within one week of the application; (4) apply fertilizer within 15 feet of any perennial or intermittent stream, except that fertilizer may be applied within ten feet from any perennial or intermittent stream if applied using a drop spreader, rotary spreader with deflector or targeted spray liquid. The establishment of setbacks for fertilizer application pursuant to this paragraph shall not preclude the establishment or applicability of, or required compliance with, any other environmental standard established pursuant to any other Federal or State law, rule or regulation; or (5) apply material containing nitrogen or phosphorus for the purpose of melting snow or ice.

(b) Application rates.--Except as provided under subsections (c) and (d), application rates shall not exceed: (1) 0.7 pounds of water soluble nitrogen per 1,000 square feet per application; (2) 0.9 pounds of total nitrogen per 1,000 square feet per application; and (3) zero phosphorus, except when specifically labeled for the following purposes: (i) providing nutrients to specific soils and target vegetation as determined to be necessary pursuant to a soil test performed no more than three years prior to the application; (ii) establishing vegetation for the first time; or (iii) re-establishing or repairing a turf area. (c) Professional fertilizer applicators.--A professional fertilizer applicator shall not be required to use slow release fertilizer. Except as provided under subsection (d), no professional fertilizer applicator may apply fertilizer at a rate exceeding: (1) 0.7 pounds of water soluble nitrogen per 1,000 square feet per application; (2) 0.9 pounds of total nitrogen per 1,000 square feet per application; and (3) zero phosphorus, except when the professional fertilizer applicator: (i) 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 the application is in a manner consistent with generally accepted best management practices; (ii) is establishing vegetation for the first time in a manner consistent with generally accepted best management practices; or (iii) is re-establishing or repairing a turf area in a manner consistent with generally accepted best management practices.

Pennsylvania Department of Agriculture: http://www.agriculture.state.pa.us Penn State Extension: http://extension.psu.edu/

Rhode Island

There do not appear to be any restrictions at this time. Rhode Island Department of Environmental Management:

http://www.dem.ri.gov/programs/bnatres/agricult/index.htm University of Rhode Island Cooperative Extension: http://cels.uri.edu/ce/

Tennessee

There do not appear to be any restrictions at this time. Tennessee Department of Agriculture: http://www.tn.gov/agriculture/index.shtml University of Tennessee Extension Agency:

https://utextension.tennessee.edu/Pages/default.aspx

Virginia

HB 1831 passed in 2011 prohibits the sale, distribution and use of lawn maintenance fertilizer containing phosphorus beginning December 31, 2013.

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The prohibition does not apply to starter fertilizer, manipulated manure, yard waste compost, products derived from sewage sledge, soils containing fertilizer and fertilizer products intended for gardening, tree, shrub and indoor planting application, including nurseries, or reclaimed water.

Beginning on December 31, 2013, it will be unlawful to offer for sale any deicing agent containing urea, nitrogen, or phosphorus intended for application or parking lots roadways, and sidewalks, or other paved surfaces.

Retailers are allowed to sell their existing inventory of lawn maintenance fertilizer and deicing agents.

On December 31, 2013 a label will be required on bags of lawn fertilizer that states that the product should not be applied near storm drains or drainage ditches or when heavy rain is expected.

The bill prohibits localities from further regulating contractor-applicators who are in compliance with the fertilizer laws, golf courses that have approved nutrient management plans, and agricultural operations with a resources management plan or a nutrient management plan.

If localities find it necessary to adopt more stringent storm water ordinances they will have to report this fact to the Virginia Soil and Water Conservation Board.

To learn more visit: http://lis.virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&val=sb1055 Virginia DEP: http://www.deq.state.va.us/ Virginia Cooperative Extension Agency: http://www.ext.vt.edu/

Vermont

Restrictions on applying phosphorus fertilizer: http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=10&Chapter=047&Section=01266b

Further legislative text: http://www.leg.state.vt.us/docs/2012/Acts/ACT037.pdf Application of phosphorus fertilizer. (1) No person shall apply phosphorus fertilizer to turf

except for: (A) phosphorus fertilizer necessary for application to turf that is deficient in phosphorus as shown by a soil test performed no more than 18 months before the application of the fertilizer; or (B) phosphorus fertilizer that is labeled as starter fertilizer and that is intended for application to turf when a property owner or an agent of a property owner is first establishing grass in turf via seed or sod procedures and the application of starter fertilizer is limited to the first growing season.

Effective May 19, 2011. (2) On or before October 1, 2011, the secretary of agriculture, food and markets, after consultation with the University of Vermont, shall approve a standard, which may authorize multiple testing methods, for the soil test required under subdivision (1)(A) of this subsection. (c) Application of nitrogen fertilizer. No person shall apply nitrogen fertilizer to turf. (d) Application of fertilizer to impervious surface; in proximity to water; and seasonal restriction.

No person shall apply any fertilizer: (1) to an impervious surface. Fertilizer applied or released to an impervious surface shall be immediately collected and returned to a container for legal application. This subdivision shall not apply to activities regulated under the accepted agricultural practices as those practices are defined by the secretary of agriculture, food and markets under 6 V.S.A. § 4810; (2) to turf before April 1 or after October 15 in any calendar year or at any time when the ground is frozen; or (3) to turf within 25 feet of a water of the state.

Retail display of phosphorus fertilizer. If a retailer sells or offers for sale phosphorus fertilizer to consumers and consumers have direct access to the phosphorus fertilizer, the retailer shall: (1) In the retail area where phosphorus fertilizer is accessible by a consumer, display non phosphorus fertilizer separately from phosphorus fertilizer; and (2) Post in the retail location, if

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any, where phosphorus fertilizer is accessible by the consumer a clearly visible sign that is at least eight and one-half inches by 11 inches in size and that states "Phosphorus runoff poses a threat to water quality. Most Vermont lawns do not benefit from fertilizer containing phosphorus. Under Vermont law, fertilizer containing phosphorus shall not be applied to lawn unless applied to new lawn or lawn that is deficient for phosphorus as indicated by a soil test."

Violations. A person who knowingly and intentionally violates this section shall be subject to a civil penalty of not more than $500.00 per violation. A violation of this section shall be enforceable in the judicial bureau pursuant to the provisions of chapter 29 of Title 4 in an action that may be brought by the agency of agriculture, food and markets or the agency of natural resources. (Added 2011, No. 37, § 1, eff. Jan. 1, 2012.)

Vermont Agency of Agriculture: http://www.vermontagriculture.com/ University of Vermont Extension: http://www.uvm.edu/extension/

Wisconsin

Wisconsin has a zero-phosphorus fertilizer law which went into effect on April 1, 2010. Use of fertilizer containing phosphorus or available phosphate for non-turf use is permissible.

Such fertilizer may be used for agricultural production or home garden use. Exempted applicators include sod farms.

Besides the following exemptions, no person may intentionally apply to turf fertilizer that is labeled as containing phosphorus or available phosphate.

This prohibition does not apply to a person applying fertilizer to establish a newly seeded and/or sodded lawn during the first growing season of establishment.

This prohibition does not apply to an area deficient in phosphorus, as shown by a soil test, performed by a laboratory, no more than 36 months prior to application of fertilizer.

No person may apply fertilizer, animal or vegetable manure, or composted sewage sludge to lawns or turf while the ground is frozen.

There is an exemption for types of manure or sewage sludge. Ground is considered unfrozen when a person can dig down six to eight inches. No person may intentionally apply lawn or turf fertilizer, animal or vegetable manure, or

composted sewage sludge to hard surface areas like sidewalks, driveways, concrete, or parking lots. If accidental application occurs, it must be removed immediately.

There are no parameters for application setbacks from the water. Also prohibited is the removal of fertilizer into storm drains. Accidentally applied fertilizer

should be swept up and/or hosed into grass. Sale of fertilizer labeled as containing phosphorus or available phosphate is prohibited if the

purchaser intends to use the fertilizer for reasons besides the following: For application on pasture, land used to for the growth and production of sod, or any other land utilized for agricultural production.

No retailer that sells fertilizer may display fertilizer labeled as containing phosphorus or available phosphate.

Restrictions on phosphorus fertilizer sales if ill intent is known. Enforced by the Department of Agriculture. Penalties range from $50-$500. The state is not required to provide consumer information. A retailer may post a sign informing customers that fertilizer containing phosphorus or available

phosphate is available upon request. Wisconsin Department of Environmental Resources: http://dnr.wi.gov/environmentprotect/

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University of Wisconsin Cooperative Extension: http://www.uwex.edu/ces/

West Virginia

There do not appear to be any restrictions at this time. West Virginia Department of Agriculture: http://www.wvagriculture.org/ West Virginia University Extension Agency: http://ext.wvu.edu/

Helpful reference presentation: Nitrogen and Phosphorus Pollution Series: State and Local Policies to Restrict the Use of Lawn Fertilizers. http://water.epa.gov/learn/training/wacademy/upload/2011_9_21_slides.pdf

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