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Committee discusses adding 'beneficial substances' to fertilizer law, questions fee and regulation scope
Summary
Members reviewed draft language to add "beneficial substances" (plant biostimulants, inoculants, soil amendments, lime mixtures) to the fertilizer and lime statute, debated whether pesticides/desiccants are included, and asked staff to confirm fee impacts and existing registrations before voting.
Members of the Agriculture, Food Resiliency, & Forestry Committee reviewed draft language that would expand the statute covering fertilizer and lime to include a new category called “beneficial substances,” a catchall that would cover plant biostimulants, plant and soil inoculants, soil amendments and similar products.
Committee members raised questions about how the change would affect registration fees, whether any products are already being registered under existing rules, and whether pesticides or products regulated under other chapters (for example certain desiccants and economic poisons) would inadvertently be covered. Staff said fertilizers and pesticides remain separate categories under current law and that many products are already registered; the draft would replace three existing terms with a broader "beneficial substances" definition.
The committee discussed whether the bill as drafted would trigger additional review (for example by the Joint Fiscal Office) because it expands the universe of products subject to registration and fees. Staff explained the practical review process for fiscal effect: analysts search the bill text for dollar signs and words such as "fee" or "fine" to identify potential revenue changes, then try to estimate any new revenue. Members also noted the existing registration fees (an $85-per-product registration was referenced in the discussion, and agricultural lime was noted as having a smaller $50 registration fee in current practice); staff said those fee structures were not being increased in the draft, though expanding the defined product universe could increase revenue if previously unregistered products become subject to fees.
Committee members asked for clarification about specific product classes. Staff and members discussed plant inoculants (microorganisms applied to seed, plant or soil to enhance nutrient uptake), plant biostimulants, desiccants, ash/lime mixtures, and biochar. Staff said desiccants are regulated under insecticides/fungicides/rodenticides in a different chapter and therefore are not covered by the fertilizer chapter; lime and mixtures with wood ash are treated as liming materials in the chapter and may be exempt from tonnage fees. Members asked staff to confirm whether manufacturers are currently registering some of the new product types and whether the agency has been collecting fees for those products already.
Committee direction: staff were asked to confirm (1) which specific product categories are already registered and paying fees, (2) whether desiccants or other products fall under a different regulatory chapter and thus are excluded, and (3) whether the draft bill as written would change existing fee amounts or only expand the set of products subject to registration. Members said they expected to take up the draft for a committee vote at the next meeting pending those clarifications.
Ending: The committee paused further action while staff and agency representatives verify statutory placement, current registration practice, and fiscal impacts. Members indicated they were prepared to vote on the draft at the next committee meeting if no substantive changes are needed.
