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Oregon provides fertile ground for fertilizer products
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5/4/2011
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Article Content ODA watches over fertilizers to protect consumers
This past weekend, Don Wolf of the Oregon Department of Agriculture was in Medford to attend the state's largest indoor garden and hydroponic trade show. As one of ODA's fertilizer specialists, Wolf educated exhibitors about the requirement for product registration. It was a great way to know what new products might be out there that might not yet be registered and to give manufacturers a point of contact. It's just part of his job as a team member of ODA's robust fertilizer program that has come a long way in 10 years.
Fertilizer producers sometimes make some outlandish claims.
"There are a lot of products trying to make environmental claims that they are eco-safe, eco-friendly, safe for kids, safe for pets," says Wolf. "Frankly, many of those claims should not be on the product. We've seen products claiming on one part of the label to be safe for kids, but on another part of the label, it says keep out of reach of children. That kind of labeling is not fair to the consumer."
With the proliferation of fertilizer products in Oregon these days, marketing claims are sometimes fabricated to gain a competitive edge. It's good that someone is watching to level the playing field.
"We follow the entire process," says Wolf. "We take the phone call from the person who may be interested in marketing a fertilizer product. We help with the label and registration process. We make sure the heavy metals in the fertilizer product are tested and below legal limits. We make sure the label claims are reasonable for what is in the product. Then after they start selling the product, we go to various retail locations and check those products. We do some random sampling to make sure what's advertised on the container is really what's in the container. If there are issues with any of that process, we may take enforcement action."
But like many other ODA regulatory programs, education comes first. As far as the legal requirements for fertilizer products go, Oregon's fertilizer law- revised in 2001- is relatively recent and those who manufacture or distribute products have been given some time to learn all about it.
"This is primarily a consumer protection law," says fellow ODA fertilizer specialist Matt Haynes. "Ten years ago, the labeling of fertilizer products was all over the place and potentially misleading the consumer. Few paid attention, there were no standards, and some companies were doing whatever they wanted. The new statute actually has some teeth to it and allows us to go after violators."
The law's major components deal with product labels and heavy metals. Oregon requires an internet address on labels to provide the public with relevant information. Oregon has also set maximum limits of arsenic, cadmium, mercury, nickel, and lead allowed in fertilizer products offered for sale or distributed in Oregon.
"California and Washington both adopted standards for levels of non-nutritive substances in fertilizers," says Haynes. "We didn't want to become a dumping ground for products with elevated levels of heavy metals."
In 2010, ODA registered 7,515 fertilizer, agricultural mineral, agricultural amendment, and lime products, amounting to more than 1.1 million tons of product. ODA also conducted 61 marketplace inspections in 2010, sampling and analyzing 82 products for accurate claims.
"Ten years ago, we registered about 3,000 products and the program consisted of a half time position to cover the whole state," says Haynes. "Now we have three full time positions, but still can't get everywhere."
To some extent, the explosion in fertilizer products corresponds to the growth in hydroponics in general and specifically production of marijuana- both medical and non-medical.
"Hydroponics has been one of the fastest growing segments of our registrations," says Wolf. "There is a wide range of products out there and it is very competitive. Portland and Medford seem to be the areas where there is a growing number of hydroponic product distributors."
Hydroponics is growing plants without soil by using minerals and nutrients in water. A part of the market is geared towards food production. But a sizable portion of fertilizer products sold at hydroponic markets appear to be used for "alternative agriculture", largely known as marijuana production. Oregon's Medical Marijuana Act allows the cultivation, possession, and use of marijuana by patients with certain medical conditions, through a doctor's prescription. It's no secret that many parts of the west are known for non-medical marijuana production, too. Anecdotal evidence suggests more users are growing their own and that production has moved indoors, allowing for year around cultivation. Of course, that kind of non-medical marijuana production is illegal. ODA's role in regulating fertilizer products does not come with authority or responsibility for what the fertilizer is used for. Criminal activity involving controlled substances is handled by law enforcement agencies.
"Again, we are concerned that every product out there is registered so that we have some idea of its safety in terms of heavy metals and that the labeling is consistent with what's in the product," says Wolf.
That's assuming there is a label in the first place.
"Some retailers have admitted they have received boxes of products without any labels," says ODA fertilizer investigator Toby Primbs. "Sometimes the front label doesn't match the back label. Sometimes the company gets the wrong ingredients from the supplier."
When that happens, ODA issues a stop sale, use, or removal order until the problem can be resolved. Repeated problems can result in regulatory actions ranging from a notice of non-compliance to a civil penalty.
Some businesses actually say thank you when ODA pays a visit.
"I've had distributors tell me they are glad we are looking at fertilizer products and wish some of the other states would look as thoroughly, too," says Primbs.
The ultimate consumers- from home gardeners to food producers- are also happy ODA is looking.
For more information, contact Matt Haynes, Don Wolf, or Toby Primbs at (503) 986-4635.
Story of the Week pdf version
http://oregon.gov/ODA/docs/pdf/news/110504fertilizer.pdf
Audio Story of the Week
http://oregon.gov/ODA/news/110504fertilizers_audio.shtml
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