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An Act Concerning Fertilizer and Lime Products
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  it is imperative that this legislation take effect for the upcoming planting season; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA §742, sub-§1-A  is enacted to read:
 
1-A.  Biosolids. "    Biosolids" means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process that can be beneficially recycled, including material derived from biosolids and septic tank sludge, also known as septage.
Sec. 2.  7 MRSA §742, sub-§4  is repealed and the following enacted in its place:
 
4.  Commercial fertilizer.     "Commercial fertilizer" means a substance containing one or more recognized fertilizer materials bearing a guaranteed analysis on the product label of a packaged product or the accompanying delivery paperwork or invoice of a bulk fertilizer. It does not include unmanipulated animal and vegetable manures.
Sec. 3.  7 MRSA §742, sub-§11-A  is enacted to read:
 
11-A.  Packaged biosolids.     "Packaged biosolids" means biosolids distributed in a sealed container provided by the distributor of the material.
Sec. 4.  7 MRSA §742, sub-§17  is enacted to read:
 
17.  Unpackaged biosolids.     "Unpackaged biosolids" means biosolids distributed in a loose, unpackaged form in an unsealed container, including, but not limited to, a tote bag, tote tank, bin, tank, trailer, spreader truck, railcar and pickup truck bed or other container provided by the final user solely for transport of the material.
Sec. 5.  7 MRSA §743-B  is enacted to read:
§ 743-B. Exemption for biosolids
Sections 743 and 743-A do not apply to packaged biosolids or unpackaged biosolids that are derived primarily from residuals regulated by Title 38, chapter 13 and by rules adopted by the Department of Environmental Protection governing solid waste management matters concerning composting facilities and the agronomic utilization of residuals and that are not commercial fertilizers. Packaged biosolids and unpackaged biosolids derived primarily from residuals that are not commercial fertilizers must include a legible and conspicuous disclaimer on their marketing materials and labeling. The disclaimer must specifically state: "This product is not a commercial fertilizer, and any nutrient claims are estimates or averages and are not a guaranteed analysis."
Sec. 6.  7 MRSA §764-A  is enacted to read:
§ 764-A. Exemption for industrial by-products
Section 764 does not apply to unpackaged industrial by-products derived primarily from residuals regulated by Title 38, chapter 13 and by rules adopted by the Department of Environmental Protection governing solid waste management matters concerning composting facilities and the agronomic utilization of residuals when those industrial by-products include a legible and conspicuous disclaimer on their marketing materials and labeling specifically stating: "This product is an industrial by-product, and any claims of neutralizing value and fineness are estimates or averages and are not guarantees."
Industrial by-products exempted under this section need not comply with sections 765 and 766.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
This bill adds the definitions of "biosolids," "packaged biosolids" and "unpackaged biosolids" to the Maine Commercial Fertilizer Law. The bill also amends the definition of "commercial fertilizer" to mean a substance containing one or more recognized fertilizer materials bearing a guaranteed analysis on the product label of a packaged product. The bill also exempts unpackaged biosolids and packaged biosolids derived primarily from residuals regulated by the Department of Environmental Protection from being registered before being offered for sale and from the tonnage report.