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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XIX AGRICULTURE AND CONSERVATION
  • CHAPTER 128 AGRICULTURE
  • Section 65A Limitation on the purchase and application of phosphorus containing fertilizer; additional regulations for the limitation of non-point source pollution from plant nutrients

[Text of section added by 2012, 262, Sec. 7 effective January 1, 2014. See 2012, 262, Sec. 11.]

Section 65A. (a) No person shall purchase and apply or authorize any person, by way of service contract or other arrangement, to apply in the commonwealth any phosphorus containing fertilizer on lawn or non-agricultural turf, except when:

(1) a soil test indicates that additional phosphorus is needed for growth of that lawn or non-agricultural turf; or

(2) the phosphorus fertilizer is confirmed to be used for establishing a new lawn or new non-agricultural turf area.

(b) The department shall promulgate regulations to implement subsection (a) and may, consistent with subsection (a) and in consultation with the department of environmental protection, develop additional regulations designed to limit non-point source pollution from plant nutrients including, but not limited to, phosphorous and nitrogen. 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.

(c) Regulations promulgated under this section shall be designed to maximize credits provided to municipalities by the United States Environmental Protection Agency relative to stormwater discharge and similar permits, which the Environmental Protection Agency may require of municipalities.

(d) Violations of any regulations promulgated under this section shall be subject to the penalties set forth in subsection (k) of section 2.