Regulation of Compost and Processed Sewage under the Fertilizers Act

Regulation of Compost and Processed Sewage under the Fertilizers Act Nova Scotia Biosolids Forum Kate Billingsley A/ National Manager, Fertilizer Section, CFIA June 13, 2005 Truro, NS

OUTLINE OF THE PRESENTATION • Overview of the Fertilizer program • Compost under the Fertilizers Act • Regulation of compost • Processed sewage under the Fertilizers Act • Regulation of processed sewage • Partners in regulation • Standard- setting bodies • Regulatory amendments - Specific Regulatory Enhancements to Canada's BSE Feed Controls

OVERVIEW OF THE FERTILIZER PROGRAM Regulatory authority Products represented for use as fertilizers and supplements are regulated* under the authority of the Federal Fertilizers Act and Regulations *Only products that are IMPORTED into Canada and/or SOLD are regulated under the Fertilizers Act. Manufacture, transport, storage, use, disposal and resulting environmental quality are not regulated under the Fertilizers Act

OVERVIEW OF THE FERTILIZER PROGRAM Defining “Sale” Products that are SOLD, made available for SALE or represented for SALE fall under the Fertilizers Act. Sale of product versus payment for services Example 1: Site admission Fee If a fee is charged for site admission, it is considered a sale Example 2: Transportation Fee It is not considered sale IF the consumer has the option of picking up the product and is not charged Example 3: Required purchase of empty package It is not considered sale IF the consumer can bring their own container and is not charged

OVERVIEW OF THE FERTILIZER PROGRAM Product definitions Fertilizer: means any substance or mixture of substances, containing nitrogen, phosphorus, potassium or other plant food, manufactured, sold or represented for use as a plant nutrient agricultural and lawn & garden fertilizers (including weed & feed) containing: - nitrogen, phosphorous, potassium - calcium, magnesium and sulphur - boron, copper, iron, manganese, molybdenum and zinc

OVERVIEW OF THE FERTILIZER PROGRAM Product definitions Supplement: means any substance or mixture of substances, other than a fertilizer, that is manufactured, sold or represented for use in the improvement of the physical condition of soils or to aid plant growth or crop yields  Examples are: limestone, legume inoculants, wetting agents, plant growth regulators, humates and compost

OVERVIEW OF THE FERTILIZER PROGRAM Fertilizers Act and Regulations • All fertilizers and supplements that are regulated under the Act (i.e. imported or sold) are required to be: • SAFE •plants, • animals, • humans (food, worker/bystander) • the environment • EFFICACIOUS • PROPERLY LABELLED

OVERVIEW OF THE FERTILIZER PROGRAM According to the Fertilizers Act: “No person shall sell, or import into Canada, any fertilizer or supplement unless the fertilizer or supplement has been registered as prescribed, conforms to prescribed standards and is packaged and labelled as prescribed”

OVERVIEW OF THE FERTILIZER PROGRAM Products that are subject to registration Requirements • Applicants are obligated to demonstrate that their product meets safety, efficacy, and labelling standards prior to being sold, and must pay fee • Receive registration number and approved label Examples fertilizer-pesticide combinations for specialty uses, micronutrient fertilizers, farm fertilizers with cumulative nutrient content under 18% (organic) and 24% (chemical), legume inoculants, water-holding polymers

OVERVIEW OF THE FERTILIZER PROGRAM Products that are exempt from registration • Must still meet the safety, efficacy and labelling standards prescribed by the Fertilizers Regulations, but are not obligated to demonstrate this prior to sale • May receive a “letter of no objection to sale” after review of the list of ingredients, manufacturing conditions, analysis of pathogens, metal, and guarantees, and label • Optional, no fee, no registration number Examples N, P, K fertilizers, fertilizers and supplements listed in Schedule II (e.g. processed sewage, compost), customer formula fertilizers, fibrous organic materials such as peat, supplements sold only for correction of soil acidity or alkalinity

COMPOST UNDER THE FERTILIZERS ACT Compost is listed in Schedule II • Currently exempt from registration • must meet the composition and naming designation in Schedule II Compost: “A solid mature product resulting from composting, which is a managed process of bio-oxidation of a solid heterogeneous organic substrate, including a thermophilic phase. This product may be designated as to kind.” (Item 5.1, Schedule II).

COMPOST UNDER THE FERTILIZERS ACT Composted manure:(Specify grade) “Compost produced using the organic matter fraction of the excreta of animals or birds, with or without litter. The compost may use as little as 60% manure and as much as 40% of a carbon source, if the ratio reflects the need for a carbon source when composting the manure, and if the carbon source includes only materials that may be used as litter, such as straw, hay, bark, sawdust, wood chips, shavings, leaves, grass, wood chunks (such as branches and leaves), tree clippings and plant residues but not including treated wood or materials that have been chemically or biologically contaminated.” (Item 1.18, Schedule II).

The guaranteed analysis must include minimum organic matter and maximum moisture content expressed as percent SUPPLEMENT When compost is sold with nutrient claims, the guaranteed analysis must include minimum organic matter, maximum moisture content, and the minimum nutrient guarantee expressed as percent SUPPLEMENT and FERTILIZER If compost is mixed with other ingredients the ingredient must be included in the product`s name (e.g., compost with urea, compost with wetting agent) MIXED PRODUCTS REGULATION OF COMPOST Compost products may fit the definition of a supplement or a supplement and a fertilizer depending on claims on the label

REGULATION OF COMPOST SAFETY Heavy metal standards for maximum acceptable cumulative addition to soil(based on application rates) listed in T-4-93; currently under review Pathogen standards Salmonella and Faecal coliforms are currently used as INDICATOR organisms (pathogen contamination and/or an incomplete composting process) The standards are: Non detectable for Salmonella and <1000 MPN/g as the maximum for faecal coliforms Other: dioxins, furans (27 TEQ)

REGULATION OF COMPOST EFFICACY All compost products must be efficacious for every purpose for which they are sold Products must meet all claims and labelled guarantees LABELLING The information required on a compost label include: brand, name of product, guaranteed analysis, weight, directions for use, name and address of packager/manufacturer

REGULATION OF COMPOST LABELLING The guaranteed analysis for all compost products must include organic matter and maximum moisture (the maximum currently accepted by the CFIA is 65%) If compost is represented for sale as a fertilizer it must also meet the fertilizer labelling requirements which include nutrient guarantees (total nitrogen, available phosphoric acid P2O5 and soluble potash (K2O)

REGULATION OF COMPOST LABELLING The directions for use must indicate: - the rate, frequency and time of application - the plant/crop on which the product is intended to be used - if the level of nutrient delivered is less than that required for the crop species the following statement must be included: “This product should be used as par t of a complete fertilizer program that relates to the fertility level of the soil”

PROCESSED SEWAGE UNDER THE FERTILIZERS ACT Processed sewage is listed as a nitrogen product in Schedule II • currently exempt from registration • must meet the composition and naming designation in Schedule II Processed sewage:(Specify grade) “Products made from sewage freed from grit and coarse solids that are dried, ground and screened “ (Item 1.19, Schedule II)

REGULATION OF PROCESSED SEWAGE SAFETY ● Heavy metals (cumulative effect through successive applications) ● Pathogens (Salmonella and Faecal coliforms) ●Other (dioxins and furans) EFFICACY The product must be efficacious for every purpose for which it is sold (must meet all claims and labelled guarantees)

REGULATION OF PROCESSED SEWAGE LABELLING A grade and nutrient guarantees are required for all products that contain processed sewage as ingredient Information required on the label includes: brand, name of product, grade, guaranteed analysis, weight, directions for use, name and address of the packager/manufacturer

Programs Laboratories Operations PARTNERS IN REGULATION CFIA Programs: Fertilizer Core Team • program design and policy • product registration, label review, etc. Operations: Inspection staff • monitoring (sampling, inspection) • compliance and enforcement Laboratories: Laboratory Services • analysis of samples • method development • lab accreditation

PARTNERS IN REGULATION • Sampling and Inspection • Inspectors may sample any regulated product and verify label • Compost and processed sewage may be tested for: • pathogens • heavy metals • nutrient/organic matter guarantees • Products that are out of compliance may be subject to enforcement action e.g. detention

PARTNERS IN REGULATION FEDERAL PARTNERS Environment Canada ●environmental quality standards Health Canada ● human health and food safety Agriculture and Agri-Food Canada ● research and analytical capability ● general farm policy including environmental impacts Canadian Border Services Agency ● imports

PARTNERS IN REGULATION FEDERAL- PROVINCIAL- MUNICIPAL PARTNERSHIPS FEDERAL Sale and import of fertilizer and/or supplement products PROVINCIAL/MUNICIPAL Manufacture, Transport, Storage, Use and Disposal

CFIA CCME BNQ STANDARD SETTING BODIES Canadian Council of Ministers of the Environment (CCME) • Provinces and territories regulate compost production, use and disposal of waste products • Every province and territory is responsible for their own jurisdiction, but through the CCME they attempt to coordinate initiatives and harmonize standards • CCME does not have the regulatory authority but the individual provinces and territories do

CFIA CCME BNQ STANDARD SETTING BODIES Bureau de normalisation du Québec (BNQ) • Assigned responsibility by Standards Council of Canada • Sets national standards for composts applied by industry on voluntary basis • Once approved, a label is stamped with BNQ accreditation The standards may be in addition to, but must not contravene the requirements of the Fertilizers Act and Regulations

REGULATORY AMENDMENTS Specific Regulatory Enhancements to Canada's BSE Feed Controls Proposed enhancement of the existing ruminant feed ban (as per Gazette 1 - Dec 2004) Prohibit use of Specified Risk Materials (SRM) in all fertilizer and supplement products Action required to ensure that this material does not accidentally re-enter the animal food chain by means of animals consuming fertilizers SRM are tissues that are most likely to harbour the BSE agent in infected animals Dead stock and condemned ruminant animals will also be considered as SRM.

REGULATORY AMENDMENTS Specific Regulatory Enhancements to Canada's BSE Feed Controls Classes/types of fertilizers and supplements that could potentially contain material of animal origin will require registration, e.g. compost Also new enhanced warning statements on labels Through the registration of these products, government can proactively ensure the safety of products in the marketplace No new safety requirements for registration, current standards still apply

REGULATORY AMENDMENTS Specific Regulatory Enhancements to Canada's BSE Feed Controls Also proposing to require lot numbers on fertilizers, excluding customer-formula fertilizers If an issue ever arises that requires the recall of a batch of product, the addition of the lot number will limit the recall to the affected batches and lots Reduces potential cost of disposal of more product, and allows investigators to follow-up with the purchasers of the products.

Canadian Food Inspection Agency Area Office Alan Hamilton, Fertilizer Program Specialist 1081 Main St., Moncton, NB Phone: (506) 851-7671 hamiltonad@inspection.gc.ca HQ Plant Production Division Fertilizer Section 59 Camelot Drive, Nepean, Ontario, K1A 0Y9 Phone: (613) 225-2342 fertilizer@inspection.gc.ca Questions ?

Regulation of Compost and Processed Sewage under the Fertilizers Act