Governmental Updates

By: George Midlik, Midwest Regional Sales Manager

Recently, at a Mulch and Soil Council (MSC) Meeting I attended, there were some interesting topics that could affect your mulch business and the industry as a whole. It seems we have the attention of a few government agencies, both at the state and federal levels.

The Association of American Plant, Food, Control Officials (AAPFCO) is a group of officials from each state. One of their main purposes is to promote the safe and effective use of fertilizers and protection of soil and water resources. At their last meeting in August, they were going to change the definition of mulch and potting soil. Right now, mulch and potting soil is defined as soil barriers, not soil amendments. If the definition is changed, it would be placed under the Soil Amendment Bill. So what, you say? Well, if that should happen, your state could, and probably would, make mulch producers pay regulation fees, licensing fees and even tonnage fees; essentially, nickel and dime you and your company with fees.

The MSC went to bat for their members and the mulch and soil industry as a whole. After showing studies from 1942 that stated mulch is a barrier and not a soil amendment, AAPFCO decided to return the definition change to tentative status and review it again at a later date. It will be brought up again at the midyear meeting in February. The MSC would like to see some of its members join or get involved with this group in order to have a voice from the mulch and soil industry.

This is not the only possible challenge for the industry in the near future. Legislation called Kids’ Safety Control Act has been proposed, and it would ban any amount of asbestos from any product being sold in the nation, a standard that is impossible for soils and mulches to meet. Also, the EPA is proposing rules that would prohibit any amount of arsenic in any soil or mulch product – again, another standard that is impossible for soils and mulches to meet. We need to stay on top of these possible changes and be proactive to keep these issues from being passed.

This information is not meant to alarm you; it is just an effort to keep you updated on what is happening in the industry. We hope this will help you get involved with your state and federal governments or with the MSC to help protect your business.