The New Jersey legislature on Monday Dec. 13 voted to establish the nation’s most restrictive controls on lawn fertilizer, mandating product types and when to and when not to fertilize as a means of reducing nutrient runoff into the endangered Barnegat Bay and other waterways. Republican Gov. Chris Christie said earlier he would sign the bill as part of several measures he has ordered to clean up the Bay.
In the works for a year or more, the New Jersey regulations will have a widespread effect on those who produce, sell, and use fertilizer, prescribing what can be used and when, and setting up fines for retailers, consumers, and professional applicators who violate the rules.
Actually, there are no laws in any part of the country to match New Jersey’s only Florida comes close. But that state’s restrictions are fragmented, varying from municipality to municipality. Except for a few provisions, the New Jersey restrictions take effect a year after signing.
The key requirements impose strict limits on nitrogen and require that at least 20 percent of nitrogen in fertilizer be the slow-release type to prevent it from easily washing into waterways. Phosphorus is banned except for specific purposes.
Lawn fertilizing with phosphorus or nitrogen to turf is prohibited before March 1 or after Nov. 15, or at any time when the ground is frozen. Professional applicators must be certified or trained if applying under a certified applicator. The New Jersey Agriculture Experiment Station, along with the Department of Environmental Protection, is directed to develop a public education program that includes nutrient pollution, best management practices for fertilizer use, soil testing, interpretation of label instructions, and proper use and calibration of application equipment.
Press coverage indicated that opposition by fertilizer interests was one of the hang-ups that delayed passage. But one of the biggest, Scotts Miracle-Gro of Marysville, Ohio, said that wasn’t the case. According to spokesman Lance Latham, Scotts overall was not opposed to the bill. “We feel there were a couple of issues that we would have liked to see changed, but overall we support it,” Latham commented. “We’ve been very engaged there and we are always interested in enhancing the environment.” As far as meeting the restrictions on phosphorus and nitrogen content, Latham said Scotts has already changed many of its products to meet new limits nationwide. One of them, he said, is a no-phosphorus fertilizer available across the country.
The New Jersey Retail Management Assn. (NJRMA) told Green Markets its efforts were directed toward a bill that protects the environment as well as business. “We got very close in conversations with sponsors and the environmentalists to an agreement everybody can support,” NJRMA President John Holub said. He said slow-release was one of the issues his group worked on.
The lawn fertilizer legislation was the No. 1 item in Gov. Christie’s plan for restoring health to Barnegat Bay. Other provisions that could affect agriculture include requiring post-construction soil restoration to mitigate soil compaction and reduce nutrient runoff, using state money and other funds to purchase priority sensitive lands in the bay’s watershed, and establishing a special area management plan in conjunction with the Barnegat Bay Partnership to improve coordination among jurisdictions in the Barnegat Bay watershed.