A first for fertilizer law in Michigan

Lansing, Mich.-It’s not official as yet, but Muskegon County is expected to become the first local government to petition the state of Michigan for permission to control the content of fertilizer sold in its jurisdiction. Those who deal with such matters in the Michigan Dept. of Agriculture have not yet seen the resolution, but have been expecting it for some time from Muskegon’s County officials. Last year Muskegon adopted a county-wide ordinance prohibiting both the sale and use of phosphorous fertilizers to protect the waterways, but soon found that manufacture and sale have been the sole jurisdiction of the state since 1998. “Under Michigan fertilizer law a local entity cannot duplicate or extend something that state law addresses,” reported the department’s April Hunt. Hunt, who is state fertilizer and bulk storage manager, noted this will be a first involving fertilizer and that this means is also available to local governments on most all statutes. The department is required to hold a local public meeting within 60 days of submission of the resolution to determine the nature and extent of any unreasonable adverse effects. The Muskegon resolution is expected to state that phosphorous from fertilizer finds its way to area lakes and contributes to the growth of noxious algae blooms that can be dangerous to humans and wildlife and threaten the ecosystems of the lakes. County Health Department Director Ken Kraus suggested that the county submit as much data as possible on the threat to human health caused by phosphorous runoff. He said evidence limited to the environmental impact on lakes may not be enough to sway state officials.