Milorganite now Illegal in Massachusetts?

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Milorganite now Illegal in Massachusetts?

Post by paulr » June 11th, 2018, 2:53 pm

Sorry for the shocking subject line, but I was pretty shocked too.....

I was in my local big orange box this afternoon, they pulled all the milo and multiple signs up all over the fertilizer section something to the effect of "no fert sales of anything with phosphorus without a soil test that indicates that you need phosphorus"

So in my normal tin-foil hat fashion I was like "this #$%%@^ Communist Nanny state has outlawed everything now I have to go across state lines to get my fertilizer.....#$$%@&"
Then doing some diligence on this (google), it seems this is far from new, 2012 Deval Patrick signed this into law, and now my local Orange box 6 years later finally got the message? or I assume finally got served notice from state enforcement??

Mass Residents, if you have not seen this yet, I really don't know if its an alarm or not, but you may want to run out and start hoarding Milo as soon as you can.....or maybe it's me that's 6 years late to the party and I've been living on an oasis.

I hate this State.
:ugeek:
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Re: Milorganite now Illegal in Massachusetts?

Post by greenrebellion » June 11th, 2018, 2:57 pm

I always thought Milo was an exception to most phosphorous restrictions because the phosphorous is in a form that doesn't leach nearly as well as traditional fertilizers. But maybe not in the case of MA.

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Re: Milorganite now Illegal in Massachusetts?

Post by PSU4ME » June 11th, 2018, 3:16 pm

Yeah this has been around for a while. Baystate is the same as milo but made by the mwra so until they require a soil test to sell it, I think we are ok.

Gillette stadium just bought 3 pallets :)

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Re: Milorganite now Illegal in Massachusetts?

Post by Paul » June 11th, 2018, 4:37 pm

I was having difficulty finding it at HD, and ended buying it at a local nursery 2 miles from my house. Bought 12 bags with no problems for the same price as HD.

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Re: Milorganite now Illegal in Massachusetts?

Post by Green » June 12th, 2018, 12:07 am

Paul,

Let's see how this pans out. I'm sure you guys will get to the bottom of it soon. Have you asked anyone at HD for more info?

Here in CT, we have a similar policy with P. Scotts organic fertilizer was outlawed several years ago, and I still don't know why. It's an 11-2-2, I believe.

Maybe Mass wants to sell more Baystate?! If so, not a great way to go about it. But at least you do have your own version.


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Re: Milorganite now Illegal in Massachusetts?

Post by Green » June 12th, 2018, 12:16 am

PSU4ME wrote:
June 11th, 2018, 3:16 pm
Yeah this has been around for a while. Baystate is the same as milo but made by the mwra so until they require a soil test to sell it, I think we are ok.
Let's hope the sellers don't start pretending they know how to interpret soil tests. I can't imagine needing to print out our ST6 interpretations just to buy Milo. That said, is MA like CT in that seeding or sodding is also a reason to allow use of P? Because that's the excuse I would give if anyone asked...I'm almost always seeding or plugging somewhere. But no one ever asks why I'm buying starter fertilizer...they want to make sales in most stores, not prevent you from buying. A simple note posted on the shelf is enough, and you're on your honor.

CT also has a law that if using pesticides you must post a sign for 24 hours. But stores don't give it to you unless you ask for it.

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Re: Milorganite now Illegal in Massachusetts?

Post by lVlrBoJang1es » June 12th, 2018, 7:33 am

I heard similar bans stated several times in my state (Michigan) yet I continue to see stores selling fert containing phosphorous.

Anyways, is'nt the P in Milo a "0" anyways? Why would it fall under this jurisdiction?

Luckily I recently caught a deal for $8.50/bag and got a bit carried away when loading up my car:
Image

Just over 1,000 lbs there; any shortage won't effect me this season :P

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Re: Milorganite now Illegal in Massachusetts?

Post by lVlrBoJang1es » June 12th, 2018, 7:44 am

lVlrBoJang1es wrote:
June 12th, 2018, 7:33 am
Anyways, isn't the P in Milo a "0" anyways? Why would it fall under this jurisdiction?
Foot in my mouth now. Realize it's the Potassium that's "0" :no:

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Re: Milorganite now Illegal in Massachusetts?

Post by paulr » June 12th, 2018, 2:06 pm

Green wrote:
June 12th, 2018, 12:07 am
Paul,

Let's see how this pans out. I'm sure you guys will get to the bottom of it soon. Have you asked anyone at HD for more info?

Here in CT, we have a similar policy with P. Scotts organic fertilizer was outlawed several years ago, and I still don't know why. It's an 11-2-2, I believe.

Maybe Mass wants to sell more Baystate?! If so, not a great way to go about it. But at least you do have your own version.
Of course. I did ask someone at Home Depot for "help" immediately. :roll: (sarcasm) I asked her about the signs regarding no-phosphorus fertilizers and when they were posted, and she...literally said..."what? signs? where? oh what's that?" and started walking over a few feet to read them........I just left her. :banghead:

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Re: Milorganite now Illegal in Massachusetts?

Post by turf_toes » June 12th, 2018, 2:35 pm

The law isn’t new and Milorganite isn’t illegal. It’s been on the books for at least six years.

It restricts its use. But it doesn’t prevent its uses in all cases.
Such regulations may require retailers of phosphorus containing fertilizer to display such fertilizers separately and post signs specifying when and where phosphorus containing fertilizer may be applied.
Sounds like your local retailer over reacted or didn’t read the full law.

https://malegislature.gov/Laws/GeneralL ... Section65A

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Re: Milorganite now Illegal in Massachusetts?

Post by merrimack » June 12th, 2018, 7:15 pm

The Milorganite Twitter account implied this week that they are having trouble keeping up with demand:

"The growing popularity of Milorganite has made it scarce in many areas of the country. We are working hard to keep up with demand & get stores restocked. We apologize for any inconvenience & appreciate your support of Milorganite..."

https://twitter.com/Milorganite/status/ ... 9584243713

I have found the big box stores in Eastern Massachusetts do not reliably have Milorganite in stock. The smaller and locally owned sources generally seem to have it in stock and I prefer to buy there anyway. The local hardware store had several pallets while I was there last weekend.

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Re: Milorganite now Illegal in Massachusetts?

Post by ronfitch » June 13th, 2018, 12:45 pm

merrimack wrote:
June 12th, 2018, 7:15 pm
The Milorganite Twitter account implied this week that they are having trouble keeping up with demand:
Today I learned ... Milorganite has a twitter account.

$6 a bag last week at Fleet Farm (or Farm Fleet, whichever one of those is near me ... I can't keep them straight).

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Re: Milorganite now Illegal in Massachusetts?

Post by NYcoolmix » June 13th, 2018, 10:14 pm

merrimack wrote:
June 12th, 2018, 7:15 pm
The Milorganite Twitter account implied this week that they are having trouble keeping up with demand:

"The growing popularity of Milorganite has made it scarce in many areas of the country. We are working hard to keep up with demand & get stores restocked. We apologize for any inconvenience & appreciate your support of Milorganite..."

https://twitter.com/Milorganite/status/ ... 9584243713

I have found the big box stores in Eastern Massachusetts do not reliably have Milorganite in stock. The smaller and locally owned sources generally seem to have it in stock and I prefer to buy there anyway. The local hardware store had several pallets while I was there last weekend.
I had to piece together 3 bags from 3 stores within 20 miles Labor day weekend. Everyone said it's backordered.

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Re: Milorganite now Illegal in Massachusetts?

Post by ken-n-nancy » June 15th, 2018, 1:31 pm

turf_toes wrote:
June 12th, 2018, 2:35 pm
The law isn’t new and Milorganite isn’t illegal. It’s been on the books for at least six years.

...

Sounds like your local retailer over reacted or didn’t read the full law.

https://malegislature.gov/Laws/GeneralL ... Section65A
Another critical fact is that Milorganite, Bay State Fertilizer, and similar fertilizers are NOT "phosphorus containing fertilizer" according to the MA law. You might say, "Huh, how can that be?" -- according to a plain reading of the key sentence quoted above, any "phosphorus containing fertilizer" is restricted, and Milorganite and Bay State Fertilizer have phosphorus in them!

Yes, what I describe below will sound like "lawyering the rules" but I think it was completely intentional by the various lobbying organizations involved - to satisfy the "green" activists that wanted a strict fertilizer law yet wanted to allow organic fertilizers, and also to satisfy the lawn care industry and golf courses to allow them to apply fertilizers with phosphorus to their properties...

The critical detail stems from the fact that the law provides a definition of "phosphorus containing fertilizer" which is somewhat different than would be concluded from a plain reading:
''Phosphorus containing fertilizer'', fertilizer labeled for use on lawn or non-agricultural turf in which the available phosphate content is greater than 0.67 per cent by weight, excluding organic compost and natural organic fertilizer.
The key detail is the phrase "excluding natural organic fertilizer." The term "natural organic fertilizer" is also officially defined:
''Natural organic fertilizer'', materials derived from either plant or animal products containing 1 or more elements, other than carbon, hydrogen and oxygen, which are essential for plant growth. These materials may be subject to biological degradation processes under normal conditions of aging, rainfall, sun-curing, air drying, composting, rotting, enzymatic or anaerobic or aerobic bacterial action or any combination of those conditions. These materials shall not be mixed with synthetic materials or changed in any physical or chemical manner from the material's initial state except by manipulations such as drying, cooking, chopping, grinding, shredding, hydrolysis or pelleting.
You can find the above definitions at https://malegislature.gov/Laws/GeneralL ... /Section64

What this means is that Milorganite and Bay State Fertilizer are NOT, according the MA fertilizer law, a "Phosphorus containing fertilizer" since they are excluded from the definition as they are each a "Natural organic fertilizer."

Bay State Fertilizer explicitly uses the wording "Natural organic fertilizer" right on the bag.

Coincidence? I think not...

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Re: Milorganite now Illegal in Massachusetts?

Post by PSU4ME » June 15th, 2018, 1:42 pm

^^ well said!!

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Re: Milorganite now Illegal in Massachusetts?

Post by drawz » June 18th, 2018, 11:53 pm

I've seen signs about this at Home Depot, but they always have Milo and various starter fertilizers containing P. They really have no reliable way of knowing if you're seeding or doing something else.

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