Question 1

How do I know if my product will be regulated as a fertilizer or a soil amendment?

Accepted Answer

If your product guarantees any amount of essential plant nutrient/s (nitrogen, phosphorus, or potassium, calcium, magnesium, or sulfur, boron, zinc, manganese, iron, copper, molybdenum, or chlorine) it is considered and regulated as a fertilizer.(https://www.verdantregulatory.com/fertilizer-registration-services)

If your product does not guarantee any amount of essential plant nutrient/s but does guarantee soil amending ingredient/s, it is considered and regulated as a soil amendment.(https://www.verdantregulatory.com/soil-amendment-registration-services)

If your product guarantees both essential plant nutrient/s and soil amending ingredient/s it is considered and regulated as a fertilizer; however, in some states, soil amendment labeling regulations will also apply.

Question 2

How are fertilizers regulated?

Accepted Answer

In the United States (U.S.), each state regulates the sale and distribution of fertilizer (https://www.verdantregulatory.com/fertilizer-registration-services)products individually. Each U.S. state (except AK and HI) requires a unique fertilizer distributor license and/or unique fertilizer product registration, respective to their state law, before permitting the sale or distribution of any fertilizer product. The majority of states model regulatory laws based on uniform guidelines set by the Association of American Plant Food Control Officials (AAPFCO).(https://www.aapfco.org/index.html) To continue distribution of registered products long-term, distributors/manufacturers must regularly renew license and/or registrations and routinely report product tonnage sales. Unlicensed distributors are liable to receive stop sale notices and accrue penalty fines from state regulatory officials.

Question 3

How are soil amendments regulated?

Accepted Answer

In the United States (U.S.), each state regulates the sale and distribution of soil amendment (https://www.verdantregulatory.com/soil-amendment-registration-services)products individually. Several states do not regulate soil amendment products; therefore, soil amendment sale and distribution in those states is permitted without any regulatory action. The remaining states require a unique soil amendment distributor license and/or unique soil amendment product registration, respective to their state law, before permitting the sale or distribution of any soil amendment product. The majority of states model regulatory laws based on uniform guidelines set by the Association of American Plant Food Control Officials (AAPFCO).(https://www.aapfco.org/index.html) To continue distribution of registered products long-term, distributors/manufacturers must regularly renew license and/or registrations and routinely report product tonnage sales. Unlicensed distributors are liable to receive stop sale notices and accrue penalty fines from state regulatory officials.

Question 4

How do I certify my fertilizer or soil amendment product as organic in the United States?

Accepted Answer

In the United States (U.S.), the United States Department of Agriculture National Organic Program (NOP) (https://www.ams.usda.gov/about-ams/programs-offices/national-organic-program)sets regulatory standards for organically produced food and fiber products. To be certified by the NOP, food and fiber producers are only permitted to apply input materials, such as fertilizer and soil amendment, which meet NOP organic standards.

The NOP does not review and certify fertilizer and soil amendment products as organic input materials; however, there are several third-party review programs that provide organic certifications (https://www.verdantregulatory.com/organic-certification-services)using varying organic standards. The primary programs recognized for validating fertilizer and soil amendment products as organic input materials to NOP organic standards are the Organic Materials Review Institute (https://www.omri.org/what-we-do)and the state of California's Organic Input Material Program.(https://www.cdfa.ca.gov/is/ffldrs/fertilizer_OIM.html)

Question 5

What is a license vs a registration and do I need both?

Accepted Answer

A license is issued to a fertilizer or soil amendment product's label guarantor, the company listed on the product label guaranteeing the product. A registration is issued to a unique fertilizer or soil amendment product. Regulatory law per state determines whether a license, a product registration, or both a license and a product registration (https://www.verdantregulatory.com/consulting-services)are required prior to sale and distribution of any product.

Question 6

What is a license or registration renewal?

Accepted Answer

A license or registration must be renewed annually or biennially (https://www.verdantregulatory.com/consulting-services)to maintain current registration status. Renewal submissions are typically due in June or December depending on the state or registration entity's fiscal year.

Question 7

What is tonnage reporting?

Accepted Answer

The U.S. Environmental Protection Agency (EPA) requires that each U.S. state provide a report of fertilizer and soil amendment product sales, recorded as tons, within their state on an annual basis. To acquire this data, each state requires each licensed/registered distributor to provide a report of tons sold per product within their state. Tonnage reporting (https://www.verdantregulatory.com/consulting-services)frequency varies from monthly to quarterly to semi-annually or annually, depending on each states' regulatory laws.

Question 8

Can I use the same product label for distribution in every U.S. state I register in?

Accepted Answer

Although each U.S. state regulates products individually, most states model labeling and regulatory laws based on uniform guidelines set by the Association of American Plant Food Control Officials (https://www.aapfco.org/index.html)(AAPFCO). Creating and maintaining a single label that meets label standards across all states (https://www.verdantregulatory.com/consulting-services)is possible barring any invalid or novel label claims.

Question 9

How does the product registration process work?

Accepted Answer

Registration application dossiers which include product labels, product specifications, and guarantor information are submitted to state regulatory officials. State regulatory officials review applications to ensure product labels meet respective state laws and regulations. A series of label revisions may be required if the original label is incorrectly formatted. Additional documentation (heavy metals analysis, nutrient analysis, safety data sheet, efficacy data, etc.) may also be required throughout the review process. On average, applications are approved within 1-2 months barring any major revisions. However, some applications may take as long as to 6-9 months to be approved, depending on the state's review queue or amount of label revisions needed. Once approved, state regulatory officials issue a formal certificate of registration as official record a product is approved for sale and distribution.

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