An Act Concerning Fertilizer and Lime Products
Maine Legislature, Session 126, LD 1009
Committee: Agriculture, Conservation and Forestry
Sponsors: CRAY, SHERMAN, BLACK, DILL, GIFFORD, TIMBERLAKE
Amends: 7 MRSA §742, 7 MRSA §743-B, 7 MRSA §764-A

Legislative Document 
No. 1009 
H.P. 707 
House of Representatives, March 14, 2013 
An Act Concerning Fertilizer and Lime Products 
(EMERGENCY) 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative CRAY of Palmyra. 
Cosponsored by Senator SHERMAN of Aroostook and 
Representatives: BLACK of Wilton, DILL of Old Town, GIFFORD of Lincoln, 
TIMBERLAKE of Turner. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, it is imperative that this legislation take effect for the upcoming planting 
season; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §742, sub-§1-A is enacted to read: 
1-A.  Biosolids.  "Biosolids" means municipal sewage sludge that is a primarily 
organic, semisolid product resulting from the wastewater treatment process that can be 
beneficially recycled, including material derived from biosolids and septic tank sludge, 
also known as septage. 
Sec. 2.  7 MRSA §742, sub-§4 is repealed and the following enacted in its place: 
4.  Commercial fertilizer. "Commercial fertilizer" means a substance containing one 
or more recognized fertilizer materials bearing a guaranteed analysis on the product label 
of a packaged product or the accompanying delivery paperwork or invoice of a bulk 
fertilizer.  It does not include unmanipulated animal and vegetable manures. 
Sec. 3.  7 MRSA §742, sub-§11-A is enacted to read: 
11-A.  Packaged biosolids.  "Packaged biosolids" means biosolids distributed in a 
sealed container provided by the distributor of the material. 
Sec. 4.  7 MRSA §742, sub-§17 is enacted to read: 
17.  Unpackaged biosolids.  "Unpackaged biosolids" means biosolids distributed in a 
loose, unpackaged form in an unsealed container, including, but not limited to, a tote bag, 
tote tank, bin, tank, trailer, spreader truck, railcar and pickup truck bed or other container 
provided by the final user solely for transport of the material. 
Sec. 5.  7 MRSA §743-B is enacted to read: 
§743-B.  Exemption for biosolids 
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 and that are not commercial fertilizers.  Packaged biosolids and unpackaged 
biosolids derived primarily from residuals that are not commercial fertilizers must include 
a legible and conspicuous disclaimer on their marketing materials and labeling.  The 
disclaimer must specifically state: "This product is not a commercial fertilizer, and any 
nutrient claims are estimates or averages and are not a guaranteed analysis." 
Sec. 6.  7 MRSA §764-A is enacted to read: 
§764-A.  Exemption for industrial by-products 
Section 764 does not apply to unpackaged industrial by-products 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 industrial by-
products include a legible and conspicuous disclaimer on their marketing materials and 
labeling specifically stating: "This product is an industrial by-product, and any claims of 
neutralizing value and fineness are estimates or averages and are not guarantees." 
Industrial by-products exempted under this section need not comply with sections 
and 766. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill adds the definitions of "biosolids," "packaged biosolids" and "unpackaged 
biosolids" to the Maine Commercial Fertilizer Law.  The bill also amends the definition 
of "commercial fertilizer" to mean a substance containing one or more recognized 
fertilizer materials bearing a guaranteed analysis on the product label of a packaged 
product.  The bill also exempts unpackaged biosolids and packaged biosolids derived 
primarily from residuals regulated by the Department of Environmental Protection from 
being registered before being offered for sale and from the tonnage report.