Kenny Naylor with the Consumer Protection Services Division provided this information.
The History of Soil Amendments in Oklahoma
There are currently no federal regulations governing the distribution of fertilizers, agricultural lime, or soil amendments in the United States. As a result, it is up to each individual state to ensure that these types of products are properly labeled, and that the quality and claims represented by the manufacturer are accurate, while also protecting consumers and the environment. In Oklahoma the distribution of these products is regulated by the Consumer Protection Services Division of the Oklahoma Department of Agriculture, Food, and Forestry.
The distribution of fertilizer and agricultural lime has been regulated in the state of Oklahoma under the Oklahoma Fertilizer Act and the Oklahoma Agricultural Liming Materials Act since 1949 and 1973, respectively. However, in the mid 1970’s new products were coming into the marketplace which claimed to be beneficial to plants and/or the soil but did not fit the definition of fertilizer or agricultural lime. As a result the Oklahoma Legislature passed the Oklahoma Soil Amendment Act (OSA) in 1975. The passage of this law made Oklahoma the first state in the nation to address this issue, and Oklahoma is still one of only 30 states that currently have a soil amendment law. The soil amendment program has grown in Oklahoma over the last 10 years from where it originally began in the 1970’s with less than 50 registered products to the more than 250 products we currently have registered today.
The Oklahoma Soil Amendment Act
The OSA defines a soil amendment as any substance that is intended to improve the physical, chemical, or other characteristics of the soil, horticultural growing media, or any natural or synthetic substance applied to plants or seeds that is intended to improve crop production, germination, growth, yield, product quality, reproduction, flavor or other desirable characteristics of plants. Furthermore, soil amendments are also divided into three separate categories: inorganic based; organic based; and microbial based, with each subcategory having its own set of labeling requirements.
Under the OSA all soil amendment products are required to be registered by the Oklahoma Department of Agriculture, Food, and Forestry prior to distribution in the state. As part of the registration process the company must submit efficacy data to substantiate their label claims. If the research submitted is deemed to be insufficient, the product is denied registration until additional data is provided. In addition to efficacy data, companies may also be required to submit sample results for heavy metal analysis and harmful bacteria. Finally, the product label must also be in compliance with all additional laws and rules, which may include warning statements to help inform and protect consumers and the environment.