How the Fertilizer Regulation Act of 1998
is implemented and enforced

September 2001

All fertilizers must be registered with the Washington State Department of Agriculture (WSDA) before they can be sold or distributed in Washington state. The Fertilizer Regulation Act of 1998 had a significant impact on registration requirements.

Current Registration Requirements

Metals Standards

In addition to other information, every company wishing to register a fertilizer in Washington must submit a metals analysis of its product. The metals that must be analyzed are: arsenic, cadmium, cobalt, lead, mercury, molybdenum, nickel, selenium, and zinc. Specific preparation and analysis methods are required. The levels reported by the company are compared against the Washington standards for these metals. If the levels exceed the standard for any of the nine metals, the product cannot be registered in Washington.

For more information on how WSDA determines if a fertilizer meets the Washington standards, refer to WAC 16-200-7062, WAC 16-200-7063 and WAC 16-200-7064.

All micronutrient and waste-derived fertilizers must go through an additional review by the departments of Ecology, Labor and Industries, and Health before they can be registered. Waste-derived fertilizers range from cement kiln dust (used as a liming agent) and electric arc furnace dust (a source of zinc) to animal manure and bone meal.

All fertilizers registered by WSDA meet the Washington standards for metals, with the vast majority meeting the standards by a wide margin. When reviewing new products, WSDA occasionally finds one with metals levels and application rates that cause it to exceed the standards. In most cases, the company is able to address the problem by (1) using different source materials (with lower metals levels) in the product, and/or (2) lowering the rate of application on the label.

Labeling Requirements

Another important aspect of Washington's fertilizer law is the requirement that all fertilizer labels have a statement directing purchasers to the WSDA Web site where they can find information about the metals levels in the product. The metals information is in a database that includes the product name, the registering company, the nutrient guarantees, and the levels of metals found in the product.

Enforcement Activities

The Department of Agriculture routinely samples a number of fertilizers each year and analyzes them for the nine metals covered by the Washington standards. Based on analysis results over the last four years, WSDA is now focusing its metals sampling efforts on those fertilizers it believes are most likely to have relatively high metals levels. These include certain phosphate fertilizers, micronutrients, and industrial waste-derived fertilizers. (List of the fertilizers sampled and analyzed by WSDA since July 1998)

WSDA also conducts routine inspections of facilities that sell fertilizer. As part of the inspection, officials check fertilizer labels for compliance with the Web site notification requirement. Lack of Web site notification is the most common violation found at retail outlets. When fertilizers are found without the Web site notification language, WSDA issues a stop-sale order and the product is pulled from distribution until the labels are appropriately revised or the product is returned to the supplier. 

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