Amend the bill in section 5 in §743-B by striking out all of the indented paragraph (page 1, lines 30 to 35 and page 2, lines 1 to 3 in L.D.) and inserting the following:
‘
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 when those biosolids include a legible and conspicuous disclaimer on their marketing materials and labeling specifically stating: "This product is not a commercial fertilizer, and any nutrient claims are not a guaranteed analysis." If a fertilizer material percentage statement appears on a label or accompanying delivery documentation, that product must be registered as a fertilizer.’
Amend the bill in section 6 in §764-A in the first indented paragraph in the last line (page 2, line 12 in L.D.) by striking out the following: " are estimates or averages and"
SUMMARY
This amendment changes the bill to remove references to estimates and averages from the labeling requirements for packaged and unpackaged biosolids and unpackaged industrial by-products derived primarily from residuals regulated by the Department of Environmental Protection and exempted from being registered as commercial fertilizers before being offered for sale and from the tonnage report. The amendment also requires that, if a fertilizer material percentage statement appears on a label or accompanying delivery documentation, that product must be registered as a fertilizer.