Ohio House Passes Bill to Create Fertilizer Applicator Certification Program

Monday, April 14th, 2014
Peggy Kirk Hall, Asst. Professor, Agricultural & Resource Law

The Ohio Legislature is one step closer to creating a unique fertilizer applicator certification program for Ohio agriculture.  The Ohio House of Representatives recently approved the measure in S.B. 150, which had already passed the Senate in January (see our related post.)   The legislation aims to reduce fertilizer runoff into Ohio's waters in response to recent problems with algae blooms in Lake Erie and Grand Lake St. Mary's.   Other states with fertilizer applicator certification programs focus on professional, turf or urban applications of fertilizer, but Ohio's program would require farmers applying fertilizers on their own land to complete the knowledge-based certification program. 

An amendment by the House extends the certification requirement to anyone applying fertilizer for agricultural production on more than 50 acres of land, rather than on more than 50 "contiguous" acres as approved by the Senate.  The amendment will likely expand the program to more smaller-acreage farmers.    Although urged to do so, neither the House of Representatives nor the Senate agreed to extend the proposal even further by including "manure" in the definition of "fertilizer."

The Senate must now approve the House-amended version when it reconvenes in early May.  Upon Senate approval, the legislation would move to the Governor by mid-May.  If enacted, the bill gives the Ohio Department of Agriculture three years to establish and implement the fertilizer applicator certification program.  The bill also contains provisions for voluntary nutrient mangement plans, operation and management plans for animal feeding operations, and a few changes to Ohio's fertilizer license laws.

Watch for our final analysis of S.B. 150 as it continues the legislative process next month.

 

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