Sec. 15.18.04.02. Registration of Compost

A. Registration.

(1) Except as provided by this regulation, a person shall register with the Department each brand or classification of compost before the compost is sold or distributed within the State.

(2) A person applying for registration shall submit the following information to the Department:

(a) A completed registration application form provided by the Department;

(b) A copy of the product label and any other labeling describing the product; and

(c) The registration fee of $15 for each brand or classification in bulk or in a package of more than 10 pounds, or $30 for each brand or product in a package of 10 pounds or less.

(3) The following compost products are not subject to registration or regulation under this chapter:

(a) Compost produced on a residential property by the owner or tenant for noncommercial use;

(b) Compost from normal farm operations, not for sale or distribution, for use only on an owner's farm or leased farm as a part of an agronomic, horticultural, or silvicultural operation;

(c) Compost produced by a government agency to be given without charge to a person or for use by that agency on land that the agency owns or manages; or

(d) Any product from solid waste that is composted merely to reduce the product's volume before disposal as a solid waste.

B. Registration Renewal.

(1) By February 1 of each year, a registrant shall renew the registration with the Department for each brand or classification of compost distributed.

(2) A person shall apply for renewal of a registration by submitting the following information to the Department:

(a) A completed registration renewal application form provided by the Department;

(b) A copy of the product label, and any other printed materials describing the product, if the label has been altered or changed since the product was last registered, or if 5 years have passed since the product label was last submitted to the Department with the registration renewal application; and

(c) A registration fee of $15 for each compost brand or classification in bulk or in a package of more than 10 pounds, or $30 for each brand or product in a package of 10 pounds or less.

C. Proof of Claim. The Department may require a registrant to provide proof of any claim made on the registration application, the product label or labeling, or any other claim.