1. Biostimulants: A State Fertilizer Regulatory Program Perspective
BPIA ~ Portland
March 13, 2019
Matt Haynes
Oregon Department of Agriculture

2. Framing the Question: Fertilizer Regulation
No Federal / national regulatory program
Regulated by individual states
Regulations and requirements vary between states

3. The Role of the Association of American Plant Food Control Officials (AAPFCO)
Promote uniformity through consensus
Encourages uniform:
Definitions
Model bills for legislation
Labels and labeling
Inspection methods
Sampling and analysis

4. The Role of AAPFCO Not regulatory Participation is voluntary
Conformity trumped by state laws
Definitions - one of the most commonly used, and useful, functions
The term “biostimulant” does not appear as a term or definition in the current Official Publication No. 72

5. Regulatory Challenges
Fair and equitable regulation requires accurate and complete definitions
Validated analytical methods are needed to verify label guarantees

6. The Definition of Biostimulant Depends on Whom You Ask

7. Relevant EPA Term
Plant Regulator or Plant Growth Regulator (PGR) “A plant growth regulator, through physiological action, is intended to accelerate or retard growth, or alter plant behavior or the produce of the plant.” “Whether a product is considered to be a plant growth regulator depends on whether the plant response or mode of action being claimed would go beyond what would be expected from simple nutrition.” EPA Label Review Manual (2014), page 2-6

8. Biostimulants? Humic substances Bacteria and Fungi (VOCs)
Chemical elements (Si)
Inorganic salts, including phosphite
Seaweed extracts
Chitin and chitosan derivatives
Antitranspirants
Free amino acids
Salicylic Acid

9. Questions for Regulators
Does the product work and how?
Rates
Lab vs. field data
Limiting conditions
Pesticidal vs. non-pesticidal mode(s) of action
When product is sampled in the marketplace, how can guarantees be verified?

10. Status of Biostimulant as a Term
Inconsistent use of the term
Action(s) poorly understood
Not an AAPFCO-defined term or definition
Most states will not accept it in labeling
Most state fertilizer programs will accept the term biostimulant if it is used as part of the name of an EPA- registered product
Section 9201 in the current farm bill does not provide for carte blanche use of the term