California Organic Fertilizers Issues Public Comment on Agricultural Marketing Service Notice
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My name is
I am an agronomist and have spent my career - over 40 years - on the relationship between soil health and inputs. I have given dozens of speeches and presentations at conferences and other venues regarding soil health in organic agriculture, and am the chairman of the Advisory Committee for the
Recently, COFI has implemented a natural process to capture ammonia from organic source materials, and has two liquid natural ammonia fertilizer products approved by the
Background of Phytamin Pure and Phytamin Premier
The ammonia molecule, NH3, is vital to life on Earth and the cornerstone of proteins and amino acids. Phytamin Pure and Premier are biologically produced, dilute solutions of natural ammonia that come in the form of a clear liquid, and are currently labeled as containing 5% total nitrogen, all in ammoniacal form./1
They are extremely low in salts, heavy metals, or any other materials detrimental to soil health. Under their current registrations, Pure and Premier are derived from cane molasses, corn steepwater, and meat and bone meal, all of which are nonsynthetic materials commonly used in organic crop production. Additionally, there exists a vast range of organic materials from which ammonia may be captured using COFI's process, many of which have environmental impacts that can be mitigated through conversion to high quality organic fertilizers. For example, COFI's production equipment can be collocated with a dairy, to process dairy manure and lagoon water, or at an animal processing facility to process blood and other waste protein materials in a clean and environmentally friendly manner.
Similar natural ammonia products have been approved by MRO's and been sold in the market since at least 2012. Other natural materials with much higher ammonia concentrations than Phytamin Pure and Premier, such as seabird guano, have been in use in organic agriculture for decades.
COFI's Natural Ammonia Production Process
1. Fermentation
While there are a multitude of ways which natural ammonia may be produced, COFI's process begins with fermentation. Organic protein materials are fermented with natural ammonia-producing microbes until the protein has been converted to ammonia by the microbes.
2. Distillation
Due to ammonia's chemical properties, it is susceptible to escaping from a liquid into a gas form by simply adjusting temperature and pH. Through processes such as "steam stripping," and distillation by making such adjustments to the fermentation liquid, the ammonia gas along with water vapor is released and then condensed through cooling into a form of aqueous ammonia. This process is very similar to alcohol production.
3. Final Processing
The resulting material is a clear liquid that may be packaged as Phytamin Pure into liquid containers or transported in bulk to organic growers. It is diluted to a concentration at which safety concerns are minimal, as it is similar to common household ammonia, and has a lower percentage of ammonia than common organic fertilizers such as seabird guano. Alternatively, the pH may be reduced either with citric acid or a naturally produced carbon dioxide gas to stabilize the liquid, which would be sold under the Phytamin Premier label.
CDFA MRO Review of Phytamin Pure and Premier
The CDFA, an
To that effect, the CDFA began by conducting a complete scientific review of all the engineering and scientific principles involved in COFI's production process. Once the theoretical principles involved were thoroughly vetted, CDFA scientists and auditors spent over four full days at COFI's production facility to witness, review, and take samples from the complete cycle of the natural ammonia production process. This was conducted through two complete cycles, both with COFI's pilot system, and our current production equipment.
COFI respectfully requests that as part of its investigative process, the subcommittee contact and consult with the CDFA regarding its examination of COFI's natural ammonia production. CDFA senior environmental scientists
COFI's Relationship to Petitioner, True Organic Products
COFI would like the subcommittee to be aware that the petitioner in this matter, True Organic Products, is one of COFI's primary competitors in the market for organic fertilizers in the western
COFI is excited and enthusiastic about expanding organic production and the possibilities natural ammonia brings to the organic marketplace, whether through its own products or those being innovated by other firms. COFI believes in an open and transparent regulatory environment; it welcomes this NOSB review and appreciates it as an opportunity for more stakeholders in the organic community to learn about these technologies and fully vet them for mainstream use. That said, COFI respectfully asks that the subcommittee carefully consider and weigh the competitive context in which this Petition has been introduced in determining any proposals that may result from it.
General Comments on the Discussion Document
"Ammonia Extract" Does Not Accurately Characterize COFI's Natural Ammonia Products
As an initial matter, COFI disagrees with the term "ammonia extract," as that does not accurately characterize the nature of its ammonia product. Ammonia is not "extracted" from the various source materials used to make Phytamin Pure and Premier - that would imply those feedstocks have large quantities of ammonia in them to be extracted, which is not generally the case. Rather, the ammonia gas is created by microbes using a biological process, like the process by which microbes in the soil convert proteins into ammonia, a form usable by plants. It is in no way "synthesized" as the petition claims, but rather is analogous to other nonsynthetic materials, where a living organism converts a feedstock into a material that can be more efficiently and beneficially used as a crop input, such as happens with compost, or even animal or plant proteins and other nutrients.
COFI prefers the terms "natural ammonia" or "biological ammonia." This more accurately describes the natural process by which the ammonia is generated, in contrast to a chemical or synthetic process.
Natural Ammonia Products Have Been Reviewed and Approved by MRO's
The "Summary of the Petition" in the Discussion Document claims, "nonsynthetic sources of ammonia is not currently permitted by Certifiers and Material Review Organizations (but also not explicitly prohibited) in organic production . . . ." This statement is not accurate. Material review organizations have specifically approved natural ammonia products. As discussed above, the CDFA has thoroughly vetted and approved COFI's natural ammonia products. Other manufacturers, such as Biostar Organics / Perfect Blend, have had products approved by both CDFA and OMRI for many years.
Notably, the petitioner itself, True Organic Products, apparently has been a distributor of Biostar's natural ammonia product since 2012, when it first gained OMRI approval./2
The petitioner's use of the term "novel" to describe natural ammonia products is misleading, as these products have been around in various forms for many years.
Comments on Specific Discussion Questions
1. Is it difficult to distinguish between ammonia derived from natural and synthetic sources (the petitioner claims it is difficult and can only be determined by assaying the N isotopes)? In addressing this question please consider the distinction between ease of chemical analysis in a laboratory and the realities of distinguishing between ammonia sources in a commercial setting where fertilizer blending is common.
COFI's natural ammonia products can be easily distinguished from synthetic ammonia in several ways. First, as the petitioner states, isotope testing is a very accurate method to show the distinction. While this does require a laboratory analysis, such testing is accessible and inexpensive. The
Additionally, COFI's natural ammonia products have a very unique odor that results from the fermented natural materials it originates from. It would not be possible to replicate such an odor in synthetic ammonia. This represents an easy and telltale method that could be used in a commercial setting by anyone familiar with COFI's products.
The potential for fraud is one of the biggest challenges facing the organic brand, and it is of the utmost concern. COFI simply cannot compete with unscrupulous manufacturers or users of organic fertilizer engaging in fraud through use of cheap synthetic alternatives. This presents a significant threat to COFI's business, which unfortunately has been realized in the past.
However, COFI objects to this being a criteria upon which a non-synthetic product could be prohibited by the National List. Neither the OFPA (7 U.S.C. Sec. 6517, 6518) nor the NOP regulations (7 CFR Sec. 205.600) address the potential for fraudulent actors as a criteria for determining whether any class of materials should be prohibited in organic production, let alone the categorical prohibition of one of the forms of nitrogen. Most, if not all, organic input materials could be subject to fraudulent practices, and a wholesale prohibition on any particular material for that reason would be highly inequitable. The solution to preventing fraud across any organic input material is through increased training, staffing, funding, and empowerment of organic certifiers and MRO's, along with criminal prosecution of fraudulent actors, which COFI adamantly supports.
Even if potential for fraud were a proper consideration, the subcommittee should evaluate natural ammonia products relative to other liquid and dry organic fertilizers on the market, to which natural ammonia compares favorably. Most liquid organic fertilizers are opaque, viscous liquids with strong overriding odors and have diverse chemical and nutrient compositions. This makes it very easy for a malfeasant to adulterate with synthetic materials, either in liquid or soluble powder form. Because of the inherent nature of these products, detecting a synthetic additive through sight, smell, or lab testing is extremely difficult, if not impossible. The same is true for pelleted dry organic fertilizers.
Phytamin Pure and Premier, on the other hand, are clear liquids with distinct odors, and can be accurately verified through simple isotope testing. Moreover, given that they are liquid products with over 3% nitrogen, they are already subject to additional auditing from MRO's and certifiers under current NOP policy. This is particularly effective here, as the specialized biological production systems necessary for natural ammonia products mean they can only be produced by a finite number of manufacturers, and thus can be more easily verified in the field through lot numbers and other auditing methods.
It is also notable that every argument the petitioner proffers regarding natural ammonia could also be applied to natural forms of nitrate fertilizers, which have long been permitted in organic crop production. Also, the National List permits even synthetic ammonia in certain instances, such as in the production of humic acid. Natural ammonia could obsolete this need for synthetic ammonia in organic crop production.
2. What are the impacts of ammonia extract application on soil organic matter content, the microbiome of the soil, soil faunal diversity and other soil "health" indicators?
Any crop input can be used in a manner that is detrimental to soil health./3
As such, the subcommittee should evaluate natural ammonia products in comparison to other commonly used organic fertilizers, with an eye to sustainability, and soil and water health. As the discussion document notes, the petitioner claims "ammonia is caustic, lowers soil pH, is known to decrease soil biotic activity, and bypasses other soil-based sources of nitrogen . . . ." This is not unique to natural ammonia. Most nitrogen-containing inputs may lower soil pH, particularly poultry manure and seabird guano, since they either contain significant amounts of natural ammonia or are rapidly reduced to ammonia in the soil. In fact, aside from nitrate, all organic nitrogen inputs, including guano, manure, compost, proteins, soy, fish solubles/emulsions, etc., are converted biologically to ammonia. This is an integral part of the "Nitrogen Cycle."/4
Seabird guano in particular contains very large quantities of ammonia, yet there is no question of it being permitted in organic crop production - petitioner True Organic Products imports and sells large quantities of guano. One published lab report/5 shows that guano is 17.7% ammonium oxalate, 12.2% ammonium urate, 11.7% magnesium ammonium phosphate, 6.9% ammonium phosphate, 1.1% ammonium humate, and 0.8% ammonium carbonate. In other words, it has triple the amount of ammonia contained in COFI's natural ammonia products.
One of the distinct advantages of Phytamin Pure and Premier over pelleted manures and proteins is that they contain 100% plant available nitrogen, the nitrogen is immediately available, and they do not contain any other contaminants. As such, they can be applied through irrigation systems at very precise and exacting applications, at levels no more than what is necessary for the given crop. Manure and other dry products that are generally limited to pre-plant applications that can result in a mismatch of nitrogen supply and nitrogen crop demand. This mismatch can result in crop quality issues, nitrate leaching into groundwater, and excessive use of nitrogen. As demonstrated by the labeling guidelines for Phytamin Pure and Premier, these products result in a significant decrease in the pounds of nitrogen per acre applied to a given crop. Natural ammonia application rates are usually below 15 lbs. of nitrogen per acre, whereas processed manure pellets are applied at rates approaching 150 lbs. of nitrogen per acre.
Currently, a large percentage of organic crops are produced with pelleted chicken manures. These materials are often as low as 35 to 50% plant available nitrogen, with release curves that may not align with the crop cycle. In places where large quantities of organic crops are grown, such as the
Pelleted manure and other commonly used liquids are also high in minerals such as salts and chlorides/7 which have very negative implications to soil health, particularly in the volumes currently being applied. COFI's lab testing of various manure-based products on the market, including those of the petitioner, have even found prohibited antibiotics present in those materials. A more environmentally sound solution would be to use healthier materials such as compost that contain lower levels of nitrogen, augmented as needed with precisely targeted nitrogen applications from products such as natural ammonia.
The Petition states that "[t]he justification for prohibition of Ammonia Extract largely rests on the principle that organic practices are based on natural cycles and that the fertilizers used in organic crop production act by encouraging soil biology, as opposed to providing simple nutrients to crop plants." COFI has long been a champion of soil health - over the course of many years in the field, I have personally given dozens of presentations and speeches at organic conferences to growers and crop advisors emphasizing the importance of soil health and biology.
The greatest threat to soil health and water quality is the overuse of fertilizers with low Plant Available Nitrogen and high levels of salts and chlorides, such as CAFO-derived pelleted chicken manures. Organic production has grown to a large and intensive scale that has resulted in extreme overfertilization with low cost and low-quality inputs that are a far cry from the "natural cycles" of which the petitioner cites. Contrary to the petitioner's claims, the "less is more" precision application possible with products such as natural ammonia can reduce overuse of input materials and bring about a much closer assimilation of natural soil health cycles than currently exists in commercial organic production.
3. Is the description presented in the petition defining ammonia products sufficiently precise to classify all ammonia-based products? If not, provide a more precise and inclusive over-arching definition.
COFI's position is that a broad-based prohibition on ammonia in fertilizers, as the petitioner suggests, is absurd. Many organic fertilizers contain ammonia, or precursors that quickly convert to ammonia. A good example is Peruvian seabird guano. Peruvian guano contains over 80% of its nitrogen (12-16%) in various forms of ammonia as described above.
Moreover, ammonia is an essential element to plant growth, and most crops flourish with a combination of ammonia and nitrate forms of nitrogen.
The petitioner has provided incomplete and inaccurate diagrams of production methods for natural ammonia. The biological processes are much less complicated. There are several ways to concentrate natural ammonia. The two main methods are distillation (which is the same process as alcohol distillation) and scrubbing. Distillation produces a pure form of ammonia in water. Scrubbing collects ammonia fumes by passing the ammonia laden air through a water spray which may or may not contain an organic acid. The current products approved by OMRI and/or CDFA contain either an organic acid or are pure ammonia solution.
The petitioner's definition is as follows:
Ammonia Extract - A fertilizer produced using a range of methods where the output contains ammonia (NH3) and/or ammonium (NH4+) that has been:
1) Produced through a biological of physical process;
2) Captured in liquid form;
3) Concentrated and/or extracted; and
4) Packaged for application in a crop system.
This definition is overly broad and vague. Many liquid fertilizers contain ammonia, and this definition contains no limitation on the amount of ammonia. For example, liquid fish products (a) contain ammonia, (b) are produced through a biological process, (c) are captured into liquid form, (d) are concentrated and/or extracted, and (e) packaged for use in organic crop production. This definition would technically prohibit the use of fish solubles and many other liquids, ironically along with many of the petitioner's own liquid products.
The subcommittee should consider that each element the petitioner puts forth in its proposed definition is already widely in use in organic fertilizer production and organic farming.
For example:
(a) Products containing ammonia: Many organic fertilizers, including fish, chicken manure, and seabird guano contain ammonia or ammonium, in some cases substantial amounts.
(b) Produced through a biological or physical process: All organic fertilizers are produced through such processes. Manure and compost are clearly produced through biological processes, as are the numerous food waste products and other digestates.
Liquid and dry products are almost always subject to physical processes in their manufacture, including blending, heating, screening, pelleting, drying, purifying, and pH adjusting. The dry soluble amino acid products currently gaining much popularity with organic growers, such as hydrolized soy, fish, or corn steep powders, go through intensive physical transformations using synthetic processing aids.
(c) Captured in liquid form: Most, if not all, nitrogen in liquid organic fertilizers produced at agricultural scale is converted to and captured in liquid form, including materials such as fish solubles, corn steepwater, and molasses, all of which are commonly used, and manufactured by petitioner itself.
(d) Concentrated and/or extracted: The purpose of nearly all organic fertilizer manufacturing is to take base raw materials, and either concentrate them or extract them into a form that increases the efficiency, economic value, and usability of those materials in organic crop production. For example, concentrating fish solubles by evaporating water, or compressing chicken manure into pellet form.
(e) Packaged for application in a crop system: Again, commercial organic fertilizers, as a practical matter, are packaged for application as a matter of course for use by growers.
Finding a more precise definition creates many difficulties. Clearly, the petitioner intends that some amount ammonia or ammonium be permitted, as the petitioner's own products contain ammoniacal nitrogen in concentrations greater than Phytamin Pure and Premier. This begs the question, how much is too much? Moreover, if ammonia is indeed incompatible with organic principles, why should a prohibition be limited to liquid products? Should other forms of readily absorbed nitrogen, such as nitrate products, also be prohibited?
Dry materials such as chicken manure and seabird guano - which are sourced from environmentally damaging CAFO farming and guano mining - are widely used in organic production. In fact, the petitioner is one of the largest, if not the largest producer of pelleted chicken manure and seabird guano products in
As discussed previously, these dry materials are also subject to the same concerns of fraud petitioner posits for natural ammonia - cheap synthetic nitrogen materials, such as ammonium sulfate, could be easily added during the pelleting or blending process, and would be virtually undetectable given the levels of ammonia and sulfur already present in manures and guanos. Moreover, those products are exempt from the additional auditing requirements for liquid products over 3% nitrogen.
Again, pelleted manures with high uric acid/ammonia content are currently being overapplied in the extreme, as they cannot be applied in a precise and targeted manner as can be done with natural ammonia products such as COFI's Phytamin Pure and Premier. They also have high levels of salts and other materials, such as heavy metals, detrimental to soil health. In stark contrast to COFI's natural ammonia products, petitioner True Organic Products is manufacturing, selling, and overapplying massive volumes of materials that are environmentally damaging both in their manufacture and in their use.
Petitioner's Proposed Definition Would Not Encompass COFI's Natural Ammonia As broad and vague as petitioner's definition is, COFI's natural ammonia products would not meet these criteria, as it is not "concentrated and/or extracted." Rather, it is a gas produced by a biological process, that is captured in water. At no point is it "concentrated" or "extracted." On the contrary, the water into which the gas is captured is often further diluted to COFI's labeled 5% total nitrogen analysis. The petitioner clearly does not understand what natural ammonia is, or how it is produced.
4. Are there any other issues with ammonia use in organic crop production that the NOSB should be aware of?
Section 205.200 of the NOP requires that organic production practices "maintain or improve the natural resources of the operation." No organic input material exists in an environmental vacuum; each nutrient option available to organic growers comes with its own benefits and compromises when it comes to protecting natural resources. As such, the subcommittee should compare natural ammonia products to other options currently prevalent in the market with the benefits and impacts to natural resources in mind.
Natural Ammonia Has Significant Environmental Benefits Over Other Input Materials Natural ammonia has significant environmental benefits over other input materials. For example, guano, a fertilizer rich in ammonia, is harvested from ancestral seabird islands off the coast of
Carbon Footprint
COFI's natural ammonia production technology is very environmentally friendly in terms of greenhouse gases and climate change. In conjunction with the capture of ammonia gas, COFI's systems can also be designed to capture natural carbon dioxide, which is then used to produce the neutralized natural ammonia sold as Phytamin Premier, as well as methane, which can be used to power the production of the natural ammonia. This is particularly attractive in a dairy setting, where much of this gas is currently being released to the atmosphere.
Natural ammonia can be produced with a lower carbon footprint relative to transportation, as it can be made close to the end users (organic growers) from whatever feedstocks are available locally. Currently, a large volume or organic fertilizer is imported from overseas, including countries such as
Natural Ammonia Supplants Unsustainable Materials Such as Fish Solubles
The NOSB is currently voting on a proposal to prohibit the use of fish solubles except where it is a byproduct of human food production, bycatch, or invasive species. Fish solubles is very commonly used in organic crop production, and most is currently from sources that will be prohibited under this proposal, including the vast majority of product originating from
Natural ammonia is also an excellent substitution for seabird guano, which as discussed previously is mined in sensitive seabird habitats. Seabird guano also cannot be applied in the precise manner of a liquid, and has a tendency to release much of its excess ammonia to the atmosphere or into groundwater.
COFI believes it is our duty to ensure producers and consumers continue to have economically viable ways to choose organic, while staying true to their desire to protect the environment. There are currently many companies pursuing development of natural ammonia for organic crop production because it is a perfect solution to this dilemma - they can be produced and applied sustainably, economically, and at scalable quantities. In an environment where demand for high quality organic fertilizers is increasing, while supply is decreasing, natural ammonia opens the door to increasing organic acreage in an environmentally responsible manner.
Food Safety
COFI's natural ammonia products also have food safety advantages over many organic materials, as they do not contain any nutrients or organic material that may allow pathogens to reproduce.
General Comments on the Petition
The Petition False Claims Natural Ammonia is a Form Not Found in Nature
The Petition claims that natural ammonia is captured in a form "not found in nature." The complete opposite is true. Under COFI's production process, ammonia is produced from microbes feeding on organic raw materials. Both the source of the microbes (manure) and the feedstocks (proteins) are the same as those which would exist in organically farmed and fertilized soil, and the biological process that generates the ammonia gas is the very same natural process that occurs in soil. COFI's process mimics a process that occurs in nature - in fact, it is that actual process.
The Petition Includes SDS's Which Are Not Representative of Natural Ammonia The SDS's supplied by the petitioner are for various synthetic forms of ammonia or ammonia-containing chemicals that do not characterize the natural ammonia products discussed here and should not be considered. The petitioner has not provided an SDS for an actual natural ammonia product. The products being produced for use in organic agriculture are between 5 and 7 percent ammonia in water. Ammonia solutions under 10% ammonia are not regulated as hazardous by the DOT. In fact, household ammonia sold to general consumers is between 3% and 10% ammonia.
The Petition Emphasizes Research Not Relevant to COFI's Natural Ammonia Products Petitioner has provided research briefs that act to impress upon the reader that ammonia is harmful to the soil. Ammonia is not necessarily harmful to the soil. It is a requirement of the nitrogen cycle, and thus essential to life on our planet. Petitioners information pertains to 100% pure Anhydrous Ammonia, which is far different from a water solution of 5 to 7% ammonia.
The Petition has failed to provide any evidence that natural ammonia products are harmful to the environment or soil health. The potential impact of COFI's low concentration of natural ammonia is significantly different than that of anhydrous ammonia or concentrated aqueous ammonia.
Conclusion
COFI greatly appreciates this opportunity to comment and take part in the subcommittee's discussion of natural ammonia materials. COFI is just one of many firms currently pursuing these new technologies which will greatly advance the continued economic viability of organic production, while considerably lessening its environmental impact. There is currently a significant amount of investment being made into natural ammonia products, both in scientific rescarch and construction of production facilities. For this reason, COFI respectfully asks that the subcommittee expedite its review, and recommend no further action on this Pctition.
Please feel free to contact me directly at any time with questions regarding any aspect of your discussion; I also intend to be present at the NOSB virtual meeting to answer any questions or provide clarification on this topic.
Sincerely,
President & CEO
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Footnotes:
1/ These diluted concentrations are not comparable to the purified and concentrated forms of ammonia referenced in the petition.
2/ Press release dated
3/ Even extreme examples of this fact can be found among products currently approved by OMRI and other MRO's. For example, pure sea salt products have been approved as organic crop inputs. (See https://www.omri.org/mfg/red/certificate/6768.)
5/ https://www.intechopen.com/books/seabirds/guano-the-white-gold-of-the-seabirds
6/ https://www.waterboards.ca.gov/centralcoast/water_issues/programs/ag_waivers/ag_order4_renewal.html
7/ Most nitrogen materials currently used today are waste or by-product ingredients from conventional agriculture or industry. As such, there is little or no purification, separation, or processing done to remove elements that are harmful to soil health. Examples of this include sodium and chloride present in high levels in sugar beet by-products (such as CSB), liquid fish derived from ocean fish, and poultry manure sourced from CAFO operations may include antibiotics and synthetic chemicals (such as poultry litter treatments).
8/ Though the NOSB's current review of liquid fish focuses on
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The notice can be viewed at: https://www.regulations.gov/document?D=AMS-NOP-20-0041-0001
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