News, Notes & Quotes

Mulch & Soil Council • 7809 FM 179 • Shallowater, TX 79363 • 806.832.1810 • Fax: 806.832.5244 • info@mulchandsoilcouncil.org

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National Newsletter of the Mulch & Soil Council May-June 2015

Announcing A New Member ServiceSince its inception in 1972, the Mulch & Soil Council has worked to maintain an open and fair market by

monitoring, reporting and (where necessary) changing government regulations that impact the industry. Most of the Council’s notable successes have been at the federal level on such matters as weights & measures, Biomass Crop Assistance Program (BCAP), bioenergy diversion programs, a variety of APHIS quarantines, proposed treated pallet requirements, AAPFCO soil amendment laws and more.

While monitoring numerous federal agencies has been a challenge, keeping track of legislative and regulatory initiatives in all 50 states has always required more resources than the Council had — until now.

MSC Launches a New Legislative Program• No one wants to be BLINDSIDED by new state laws or regulations.• You also don’t want to miss the opportunity to SUPPORT proposals for beneficial laws or regulations.• THE PROBLEM IS you simply don’t have the time or money to read every bill and monitor every proposal

for new regulations in your State Capitol every year.• If you work or have CUSTOMERS in other states, how can you ever hope to track every good or bad pro-

posal for new laws or regulations everywhere?

FOREWARNED IS FOREARMED MSC is watching out for you. The object of the MSC legislative and regulatory reporting program is to

track legislation and new regulations in all 50 states and provide members with ADVANCED WARNING of bills that can help or hurt your business.

State governments can move much faster than Federal legislation, and new developments in a state or region can spread to other states or regions very quickly. It takes a lot of resources to monitor even your own state and most MSC members don’t operate or sell in just one state.

The Mulch & Soil Council Government Relations Program is designed to help members save time and money by cutting through the massive volume of legislative bills and reports and distilling the legalese down to the key points members are concerned about. THEN you can decide if you want to call your state representatives and take action to support or oppose laws that will affect your profitability.

Here Is How It Works• MSC has teamed with the LegiCrawler database by the Krantz News Service to monitor every legislative

and regulatory proposal in all 50 states.• The number of bills and regulations is massive; so, we have created a pool of over 80 keywords to help select

legislative and regulatory issues important to mulch & soil producers. Council members are encouraged to propose additional keywords or phrases to help improve our monitoring process.

• LegiCrawler collects data, identifies items that match our keywords and delivers information to the MSC staff for review.

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• MSC reads EVERY item and creates an INDUSTRY-SPECIFIC SUMMARY for the membership to use in determining which bills or regulatory proposals they wish to track, support or oppose. Each item is sorted into regional lists to keep information manageable.

• SEPARATE REGIONAL MAPS are posted online to help members track legislative and regulatory items. Just click on the regions of the map where laws and regula-tions are a concern to your business.

• Each week, MSC will send separate EMAIL REPORTS of new legislative and regu-latory items to all member companies in good standing. Members can also use the region maps to track new items and updates on existing items at any time – 24/7.

• YOU CHOOSE if you want to call your state representatives and take action to sup-port or oppose laws that will affect your business. Find your state representatives at http://openstates.org

• THE COUNCIL may also choose to become involved in selected state proposals that might have greater implications for the industry nationwide.

A GUIDE to using the very useful legislative and regulatory report features is available for review at any time — just click here. For more information on the new MSC Legislative & Regulatory Tracking program, visit the MSC website at http://www.mulchandsoilcouncil.org/legis/legis_reg.php.

NOTE: The MSC Legislative & Regulatory Tracking program is a Member-Only service. To view the legislative and regulatory information, members must log-in to the members area of the website. If you need assistance in updating your member log-in, contact the MSC office at 806.832.1810.

In April, the MSC Board of Directors approved the submission to the membership, for comment, the proposed revisions of the Uniform Voluntary Product Guidelines

for Horticultural Mulches, Growing Media and Landscape Soils (UVPG) drafted by the Standards Committee. On May 5, the Standards Committee issued all members a spe-cial announcement on proposed amendments. All member comments are due in writing to the MSC office by June 10th.

In June & July, a round of comments will be requested from industry stakeholders before a final draft of standards amendments is resubmitted to the Council membership for adoption at the October annual meeting. For further information, contact the MSC office at 806.832.1810.

In May, the MSC participated in the Northeast Weights & Measures Conference in Saratoga

Springs, NY, and the Central Weights & Mea-sures Conference in Columbus, OH, to introduce each region’s state officials to the proposed changes to Handbook 133 for testing mulch. Executive Director Robert LaGasse presented an overview of the editorial clarifications and responded to questions posed by state officials on both the procedures and the justification for the change. Although no official vote on hand-book issues will occur until this fall, the spring meetings presented an opportunity for early feedback on any potential objections the Council and NIST might expect.

In the meantime, several states have reported short-fill incidents this season. MSC is monitoring state activities to determine if issues continue to arise from inconsistencies in test procedures or if there is an actual short-fill problem to be corrected. We encourage members to assist the Council by reporting any failed test results.

New Legislative Program (Cont’d.)

Standards Comments

Due June 10

Weights & Measures Activities

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On May 27, the EPA issued its final proposal for regulating Waters of the U.S. (WO-TUS) which the agency claims will clarify the confusion between EPA Clean Water

Regulations and the U.S. Army Corps of Engineer regulations for the Rivers and Harbors Act of 1882. The WOTUS regulations will become effective 60 days following publication in the Federal Register, which is expected soon.

EPA claims the 300-page Clean Water Rule “protects from pollution and degreda-tion the streams and wetlands that form the foundation of the nation’s water resources” without creating any new regulations. Opponents disagree citing redefined water sourc-es that significantly extend the Federal government’s reach into every back yard, play-ground and ditch across the country.

“For the water in the rivers and lakes in our communities that flow to our drinking water to be clean, the streams and wetlands that feed them need to be clean too,” said EPA Administrator Gina McCarthy. “Protecting our water sources is a critical component of adapting to climate change impacts like drought, sea level rise, stronger storms, and warmer temperatures – which is why EPA and the Army have finalized the Clean Water Rule to protect these important waters, so we can strengthen our economy and provide certainty to American businesses.”

In developing the rule, the agencies held more than 400 meetings with stakeholders across the country and reviewed over one million public comments. EPA and the Army also claimed to utilize the latest science, including a highly criticized report summariz-ing more than 1,200 peer-reviewed, published scientific studies which showed that small streams and wetlands play an integral role in the health of larger downstream water bodies.

EPA continues to claim that protecting streams and wetlands will improve our na-tion’s resilience to climate change. Specifically, the Clean Water Rule:• Clearly defines and protects tributaries that impact the health of downstream

waters. The Clean Water Act protects navigable waterways and their tributaries. The rule says that a tributary must show physical features of flowing water – a bed, bank, and ordinary high water mark – to warrant protection. The rule provides protection for headwaters that have these features and science shows can have a significant con-nection to downstream waters.

EPA Issues Controversial

WOTUS Regs

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• Provides certainty in how far safeguards extend to nearby waters. The rule protects waters that are next to rivers and lakes and their tributaries because science shows that they impact downstream waters. The rule sets boundaries on covering nearby waters for the first time that are physical and measurable.

• Protects the nation’s regional water treasures. Science shows that specific water features can function like a system and impact the health of downstream waters. The rule protects prairie potholes, Carolina and Delmarva bays, pocosins, western vernal pools in California, and Texas coastal prairie wetlands when they impact downstream waters.

• Focuses on streams, not ditches. The rule limits protection to ditches that are constructed out of streams or function like streams and can carry pollution downstream. So ditches that are not constructed in streams and that flow only when it rains are not covered.

• Maintains the status of waters within Municipal Separate Storm Sewer Sys-tems. The rule does not change how those waters are treated and encourages the use of green infrastructure.

• Reduces the use of case-specific analysis of waters. Previously, almost any water could be put through a lengthy case-specific analysis, even if it would not be subject to the Clean Water Act. The rule significantly limits the use of case-specific analysis by creating clarity and certainty on protected waters and limiting the number of similarly situated water features.

House Committee on Agriculture Chairman K. Michael Conaway (TX) and Con-servation and Forestry Subcommittee Chairman Glenn ‘GT’ Thompson (PA) severely criticized the rule as further obscuring the original intent of the Clean Water Act (CWA) by significantly expanding waters subject to federal jurisdiction.

“America’s farmers and ranchers deserve a government that will review and ad-dress their concerns. Instead, the process by which this rule was established ignored them. Even input from the states was ignored, clearly displaying the arrogant, ‘govern-ment knows best’ attitude ever-present in this Administration.

“Through hearings, letters, and public forums we have repeatedly asked the Ad-ministration to work with stakeholders to achieve the goals of the CWA rather than act as a schoolyard bully. Our requests were dismissed in favor of the expansion of federal authority despite bipartisan opposition from Congress and the public.

“It is ironic that the agencies’ defense of this rule is that it provides clarity to pro-ducers regarding what is and is not regulated. These hollow assurances hold little comfort for farmers and ranchers who will face steep civil fines for any violation.

“This is why the House voted overwhelmingly in favor of H.R. 1732, the Regula-tory Integrity Protection Act of 2015. We must enact this legislation that forces EPA and the Corps to pull this regulation and do as they should have from the beginning: work with states and local stakeholders to develop a new and proper set of recommenda-tions.”

On April 17, Mont Handley, CEO of PittMoss, LLC, of Ambridge, PA, successfully appeared on the Shark Tank television show and won investor support of his hor-

ticultural media product made from recycled newspapers. His presentation positioned PittMoss as a direct, more environmentally friendly alternative to peat moss through a series of claims that elicited a response and correction from the Canadian Sphagnum Peat Moss Association (CSPMA) on May 26.

CSPMA President Paul Short wrote, “There are concerns that statements made on your corporate website, advanced show material, as well as during the show program itself may lead to irreparable harm to our industry and its members and we felt it mandatory to inform you of this. The concerns are based on what is felt to be mislead-ing and not fully accurate statements that misrepresent our industry, products and the Sphagnum Peat Moss resource of Canada and the United States.” Attached to the letter

WOTUS (Cont’d)

CSPMA Responds to PittMoss

Claims

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was a document titled, Clarification of PittMoss Misleading Statements. For further information, contact Paul Short at CSPMA at paul.short@peatmoss.com.

Mulch Manufacturing, Inc. has several openings available for qualified Sales representatives to expand the representation of our product lines in our selected

marketing area. We are also interested in advancing our capability in the marketing arena as we introduce new mulch products to the industry. Sales applicants should have experience in the Lawn and Garden industry, preferably in sales or purchas-ing. Several areas are available for sales representation. Work location could be at the home office in Reynoldsburg, Ohio, in Jacksonville, FL or in the field. Extensive tele-phone communications will be required along with some travel. Compensation will be a combination of salary, commission on sales and performance bonuses. The Mar-keting Manager should have experience in the marketing of consumer goods. Even though not required, it would be desirable to have a degree in marketing. Knowledge of landscaping or horticultural products would be an asset. Work location could be at the home office in Reynoldsburg, Ohio, in Jacksonville, FL, or could be at a remote lo-cation suitable to the applicant. Compensation would be salaried commensurate with experience and capability. Email your resume to mburkart@mulchmfg.com.

The Mulch & Soil Council is pleased to welcome the following new members of the Council:

Producer MemberSims Bark Co, Inc.Mark Sanders1765 Spring Valley RoadTuscumbia AL 35674 256.381.8323mark@simsbark.com

Job Openings

New MemberWelcome Associate Member

Soil & Plant Laboratory, Inc.Hugh Poole4741 E Hunter suite AAnaheim CA 92807 714.282.8777svondenlinger@allabs.com

Affiliate MemberSPR PackagingTrevor Wells1480 Justin RoadRockwall TX 78087 469.252.1070twells@sprpackaging.com

Amerimulch® is a member of the ChromaScape® family of brands. www.ChromaScape.com

®

1.888.556.3304amerimulch.com

© 2015 Amerimulch. All Rights Reserved.

Marksman™

300

MOBILETROM™

Slash Water-UseRates vs. Pumps

Self-ContainedPortable Unit

ApplicationAccuracy

7© Mulch & Soil Council, 2005 7

New Certified ProductsMulch

Sims Bark Co. Vigoro Black Mulch by Sims BarkSims Bark Co. Vigoro Brown Mulch by Sims BarkSims Bark Co. Vigoro Red Mulch by Sims BarkBuckeye Resources, Inc. Vigoro Black Mulch by Buckeye ResourcesBuckeye Resources, Inc. Vigoro Brown Mulch by Buckeye ResourcesBuckeye Resources, Inc. Vigoro Red Mulch by Buckeye Resources

Recertified ProductsMulch

Florida Mulch Inc. Gold Color Enhanced MulchFlorida Mulch Inc. Natural Environmental MulchFlorida Mulch Inc. Red Color Enhanced MulchForestry Resources, Inc. Our Best Grade Flori-MulchForestry Resources, Inc. Specialty Premium Shredded Red MulchGrant County Mulch Premium Black Mulch by Grant County MulchGrant County Mulch Premium Brown Mulch by Grant County MulchGrant County Mulch Premium Red Mulch by Grant County MulchGro-Well Brands, Inc. Preen Mulch Plus - Midnight Black by Gro-Well BrandsGro-Well Brands, Inc. Preen Mulch Plus - Russet Red by Gro-Well BrandsHarvest Garden Pro, LLC Garden Pro Aromatic Cedar Mulch BlendLong Island Compost Corp. Great Gardens Hamptons Mulch Color Enhanced BlackLong Island Compost Corp. Great Gardens Hamptons Mulch Color Enhanced RedLong Island Compost Corp. Hamptons Estate 100% Organic MulchLong Island Compost Corp. Hamptons Estate Antique Black MulchLong Island Compost Corp. Hamptons Estate Brick Red MulchMafco Worldwide Corporation Right Dress Licorice-Root MulchMargo State Line, Inc. Black Mulch - Margo State LineMargo State Line, Inc. Professional Premium Brown MulchPhillips Bark Processing Co., Inc. Barkbrite Black MulchSims Bark Co. Preen Mulch Plus - Chestnut Brown by Sims Bark Co.Sims Bark Co. Preen Mulch Plus - Midnight Black by Sims Bark Co.

CertifiedProduct News

Lachenmeier 3640 West Lake Avenue • Glenview • IL-60026 • USA • T: (877) 859 7205 • F: (847) 657 5232 • info-us@lachenmeier.com

• Reduction in film cost per load

• Reduced labor savings

• Low energy costs

• Complete 5 sided protection for outdoor storage

• Offers horizontal and vertical load integrity

• Improved load appearence

• High speed capacity for increased

throughput

• Top of machine lowers to conveyor

height for safe, easy service

Stretch Hood WrappingInnovative energy saving packaging method

www.lachenmeier.com/stretchhood

Reduce your pallet wrapping costs

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CertifiedProduct News

Recertified Products (cont’d)Mulch

Sims Bark Co. Preen Mulch Plus - Russet Red by Sims Bark Co.The Scotts Company Earthgro Decorative Groundcover BarkThe Scotts Company Earthgro Decorative Hardwood MulchThe Scotts Company Scotts Nature Scapes Advanced Color Enhanced Mulch - Sierra Red

Landscape SoilsBlack Gold Compost Company Black Velvet Mushroom CompostKellogg Garden Products All Natural Garden Soil for Flowers & VegetablesKellogg Garden Products Amend Garden Soil for Flowers & VegetablesKellogg Garden Products Gromulch Premium Planting Mix & MulchKellogg Garden Products N Rich Soil Enriching CompostKellogg Garden Products Topper Soil Prep & Seed Cover Miracle-Gro Lawn Products, Inc. Nature’s Care Organic Garden Soil 0.08-0.06-0.07The Scotts Company Nature’s Care Really Good Compost

Premium SoilsHyponex Corporation Hyponex by Scotts Moisture Potting SoilKellogg Garden Products Gardeners Potting SoilKellogg Garden Products Kellogg Palm, Cactus & CitrusKellogg Garden Products Patio Plus - All Natural Outdoor Potting SoilMiracle-Gro Lawn Products, Inc. Miracle-Gro Organic Choice Moisture Control Potting Mix w/Compost Miracle-Gro Lawn Products, Inc. Nature’s Care Organic & Natural Potting Mix w/Water ConserveRod McLellan Company Supersoil Potting Soil Moisture AdvantageThe Scotts Miracle-Gro Company Miracle-Gro Moisture Control Potting MixThe Scotts Miracle-Gro Company Miracle-Gro Potting Mix

Products WithdrawnMulch

7L Brands, LLC Eucalyptus Black Mulch7L Brands, LLC Eucalyptus Red MulchMulch Manufacturing, Inc. Royal Gardens Brick Red Color Enhanced MulchMulch Manufacturing, Inc. Royal Gardens Color Enhanced Mulch-Midnight BlackMulch Manufacturing, Inc. Royal Gardens Cypress Mulch BlendMulch Manufacturing, Inc. Royal Gardens Pine Rustic MulchThe Scotts Company Earthgro Decorative Cedar Mulch

Landscape SoilsMargo State Line Big Brown Cow

Premium SoilsMiracle-Gro Lawn Products, Inc. Miracle-Gro Expand ‘N Gro Concentrated Planting Mix

Products DecertifiedMulch

K & B Landscape Supply, Inc. Cypress Mulch BlendK & B Landscape Supply, Inc. Designer Red Mulch

4 4 t h A n n u a l M e e t i n gM u l c h & S o i l C o u n c i l

D o u b l e t r e e H o t e lO r l a n d o , F L

O c t o b e r 2 0 - 2 2 , 2 0 1 5

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