N.Y. Comp. Codes R. & Regs. tit. 1 § 153.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 153.1 - Definitions and terms; exemptions

As used in relation to the sale and analysis of commercial fertilizer and as used in this Part:

(a) Definitions, terms and names shall be those set forth in article 10 of the Agriculture and Markets Law (hereinafter referred to as the "law"). Where no such definitions, terms or names are set forth in the law, such definitions, terms and names shall be those adopted by the Association of American Plant Food Control Officials (hereinafter referred to as "AAPFCO"), except as the commissioner prescribes otherwise in this Part.

(b) The following commodities are hereby exempt from the definition of "commercial fertilizer" as set forth in the law: unmanipulated animal and vegetable manures, agricultural liming material, wood ashes and gypsum.

(c) Compost consisting entirely of animal (other than human) manure, vegetative matter and animal bedding, for which plant nutrient claims are made, shall be exempt from the definition of commercial fertilizer for purposes of the fee requirements of Agriculture and Markets Law sections 146 and 146-c and the guaranteed analysis requirements of sections 144 and 145(4) of said law and this Part. Any such compost, for which plant nutrient claims are made, which is distributed in this State in containers shall have placed on or affixed to the containers a clearly legible label setting forth total nitrogen (N), total phosphorous (P) and total potassium (K). Other compost characteristics may also be set forth. Any other compost characteristics stated for such compost shall appear in the format set forth in subdivision (d) of this section. If distributed in bulk, a statement, in such format, setting forth any compost characteristics stated for such compost shall accompany the compost and be supplied to the purchaser at the time of delivery.

(d) The format for setting forth compost characteristics stated for composted animal manure, composted vegetable manure and composted animal bedding, for which plant nutrient claims are made, shall be as follows:

(1) general characteristics:

(i) feedstock;

(ii) maturity;

(iii) organic matter;

(iv) weed seeds/liter;

(v) density;

(vi) solids;

(vii) CN ratio;

(viii) pH; and

(ix) conductivity;

(2) nutrients:

(i) total nitrogen (N);

(ii) total phosphorous (P);

(iii) total potassium (K);

(iv) total calcium (Ca); and

(v) total magnesium (Mg);

(3) metals:

(i) copper;

(ii) iron;

(iii) zinc;

(iv) arsenic; and

(v) cadmium;

(e) Analytical test results supporting compost characteristics stated for composted animal manure, composted vegetable manure and composted animal bedding, for which plant nutrient claims are made, shall be filed with the department with any license application and prior to the distribution of such products. The values of such compost characteristics may be stated as average values based upon such analytical test results. Analytical tests shall be conducted using the methods in "Test Methods for the Examination of Composting and Compost," edited by Wayne H. Thompson and published August 12, 2001 by the United States Department of Agriculture, 1400 Independence Avenue, SW, Washington, DC 20250-9410 and the Composting Council Research and Education Foundation, 4250 Veterans Memorial Highway, Suite 275, Holbrook, NY 11741 or equivalent methods. Copies of "Test Methods for Examination of Composting and Compost" are maintained at the Department of Agriculture and Markets, Division of Plant Industry, 10B Airline Drive, Albany, NY 12235, and at the New York State Department of State, 41 State Street, Albany, NY 12231 and are available for public inspection and copying during regular business hours.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 153.1