Act No. 41 Page 1 of 2
2021
This act summary is provided for the convenience of the public and members of the General
Assembly. It is intended to provide a general summary of the act and may not be
exhaustive. It has been prepared by the staff of the Office of Legislative Counsel without
input from members of the General Assembly. It is not intended to aid in the interpretation
of legislation or to serve as a source of legislative intent.
Act No. 41 (S.102). Agriculture; solid waste; composting; feed supplements; dosage
form animal health products; plant stimulants
An act relating to the regulation of agricultural inputs for farming
This act amends the definition of “farming” under Act 250 to include
importation of up to 2,000 cubic yards per year of food residuals or food
processing residuals onto a farm for production of compost, provided that the
compost is principally used on the farm where it is produced or the compost is
produced on a small poultry farm. The act also adds definitions of “farm,” “food
processing residuals,” “food residuals,” “principally used,” and “small farm” to
provide clarity on the terms used in the definition of “farming.” The act amends
the definition of farming under the Required Agricultural Practices so that it is
consistent with the amended definition of farming under Act 250. The act
provides that a farm producing compost that qualifies as farming under Act 250
shall be regulated by the Agency of Agriculture, Food and Markets (AAFM) and
not the Agency of Natural Resources (ANR).
The act establishes an agricultural residuals management program at AAFM to
manage residual wastes generated, imported, or managed on farms. AAFM shall
adopt rules for the management of food residuals and food processing residuals on
a farm. The rules may include requirements regarding the proper composting of
food residuals or food processing residuals. The rules shall prohibit a farm from
initiating the production of compost from imported food residuals or food
processing residuals on or after July 1, 2021 within a downtown, village center,
new town center, neighborhood development area, or growth center, unless the
municipality has expressly allowed composting in the designated area. The rules
shall be designed to reduce odor, noise, vectors, and other nuisance conditions on
farms and to protect the public health and the environment. Prior to AAFM
adopting the rules, it shall require a person producing compost on a farm with
food residuals or food processing residuals to comply with ANR’s accepted
composting practices.
The act also amends the commercial feed chapter in statute to add dosage form
animal health products and feed supplements to the products that must be
registered with AAFM to be sold in the State. The registration fee for feed
supplements will be $105.00 per product. The registration fee for dosage form
animal products shall be $35.00 per product. Fees are deposited in an AAFM
special fund for administering the commercial feed law and other law relating to
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Act No. 41 Page 2 of 2
2021
fertilizer or seeds. The act also sets labeling requirements for feed supplements
and dosage form animal health products and prohibits misbranding or adulteration
of the products. AAFM’s inspection and regulatory authority will apply to the
distribution of feed supplements and dosage form animal health products in the
State.
The act also amends the fertilizer and lime chapter in statute to add plant
biostimulants, plant amendments, and soil amendments as products that must be
registered with AAFM to be sold in State. The registration fee will be $85.00 per
grade or formulation registered. Fees are deposited in an AAFM special fund for
use in administering the fertilizer law and other feed or seed law. Distributors of
plant biostimulants, plant amendments, and soil amendments are required to
annually report amounts of products distributed but would be exempt from
tonnage fees. The act sets labeling requirements for plant biostimulants and plant
and soil amendments and prohibits misbranding, adulteration, or short weighting
of the products. AAFM’s inspection and regulatory authority will apply to the
distribution of plant biostimulants, plant amendments, and soil amendments in the
State.
Multiple effective dates, beginning on May 20, 2021
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Statutes affected:
As Introduced: 10-6001, 10-6605, 10-6605h, 10-6605j, 6-26, 6-28
As Passed By the Senate -- Official: 10-6001, 10-6605, 10-6605h, 10-6605j, 6-26, 6-28
As Passed By the Senate -- Unofficial: 10-6001, 10-6605, 10-6605h, 10-6605j, 6-26, 6-28
As Passed by Both House and Senate -- Official: 10-6001, 10-6605, 10-6605h, 10-6605j, 6-26, 6-28, 6-372(d), 6-372, 6-570(c), 6-570, 6-648(e), 6-648
As Passed by Both House and Senate -- Unofficial: 10-6001, 10-6605, 10-6605h, 10-6605j, 6-26, 6-28, 6-372(d), 6-372, 6-570(c), 6-570, 6-648(e), 6-648
As Enacted: 10-6001, 10-6605, 10-6605h, 10-6605j, 6-26, 6-28, 6-372(d), 6-372, 6-570(c), 6-570, 6-648(e), 6-648