Under California law, a plant biostimulant is now formally defined as:

“A substance or microorganism, or mixtures thereof, that when applied to seeds, plants, the rhizosphere, soil, or other growth media supports a plant’s natural nutrition processes independently of the biostimulant’s nutrient content—improving nutrient availability, uptake/use efficiency, tolerance to stress, and growth or yield.” (Section 14501 of the Food and Agricultural Code).

This definition mirrors the language used in AAPFCO model laws and aligns with prevailing U.S. industry definitions.

Primary California Legislation (State Law)

Senate Bill 1522 (2024)

This bill makes California the first state to fully implement the AAPFCO framework for plant biostimulants. Key changes include, for example:

- Permitted terminology (with substantiation): The term “plant biostimulant” is now officially allowed; however, the standalone term “biostimulant” is not permitted.

- Revised statutory framework: SB 1522 updates the Food and Agricultural Code by redefining “fertilizing material,” introducing the categories “beneficial substance” and “plant biostimulant,” and revising licensing, registration, and inspection requirements for manufacturers and distributors.

Registration updates:

The law adjusts the scope of registration, extends registration durations, increases fees, and clarifies exemptions for bulk-distributed physical soil conditioners.

Classification as a Beneficial Substance

Plant biostimulants are classified under the broader category of “beneficial substances,” which includes any non-nutrient, non-pesticide compound scientifically demonstrated to benefit plants, soil, or growing media.

Expanded scope of fertilizing materials:

Beneficial substances (and therefore plant biostimulants) are now included alongside commercial fertilizers, agricultural minerals, and organic input materials.

Label Proof, Claims, and Enforcement

Claims substantiation: Label claims for plant biostimulants may require scientific evidence, including experimental data relevant to California conditions, to substantiate efficacy prior to registration.

Registration cancellation: Registration may be canceled if a product—including a plant biostimulant—is determined to be ineffective, unsafe, or misleading in its claims.

Beneficial Substance Labelling Format & Plant Biostimulant Claims

(11 December 2024 Guidance)

This document outlines forthcoming labelling changes intended to standardize ingredient declarations. Specifically, it replaces the term “Nonplant Food Ingredient(s)” with a voluntary “Contains Beneficial Substance(s)” format beginning January 1, 2025, with transitional allowances.

The guidance also clarifies permitted plant biostimulant claims, which are currently limited to products containing humic acid, seaweed extract, and/or kelp extract. It specifies required composition formats, including microbial CFU units and ingredient source disclosures, and it outlines FMIP rulemaking processes, acceptance timelines, and regulatory contact information.

At present, only products containing humic acid, seaweed extract, and/or kelp extract may make plant biostimulant claims. Additional ingredients may be permitted in the future if validated by the Fertilizing Materials Inspection Program (FMIP) or officially recognized by AAPFCO.

Permitted claims must reflect that the product or ingredient supports a plant’s natural nutrition processes, for example:

“Humic acid may aid in the uptake of micronutrients.”

“Seaweed or kelp extract is a food source for microorganisms and may enhance microbial growth (subject to specific claim-wording requirements).”

Oversight and future updates:

The FMIP may expand the list of recognized plant biostimulant ingredients as new efficacy data become available or as AAPFCO updates its official list.

AAPFCO Uniform Beneficial Substances Bill (National Framework)

AAPFCO’s Uniform Beneficial Substances Bill establishes the first nationwide regulatory framework for plant biostimulants, standardizing definitions, labeling, and acceptable claims.

The bill defines a plant biostimulant as:

“Substances, microorganisms, or mixtures that support a plant’s natural nutrition processes independently of nutrient content—enhancing uptake, efficiency, stress tolerance, or growth.”

Key elements include:

Standardized recognition: “Plant biostimulant” claims are formally recognized and standardized across participating states, ending years of inconsistent state-level regulation.

Allowed claims: Manufacturers may make specific, substantiated claims such as:

“\[Ingredient] acts to support a plant’s natural nutrition process”

“Humic acid may aid in the uptake of micronutrients”

“Seaweed extract is a food source for microorganisms”

Labeling changes: Required label language transitions from “non-plant food ingredient(s)” to “contains beneficial substance(s),” and the term “plant biostimulant” is permitted on labels (though not simply “biostimulant”).

Recognized ingredients: The initial list includes humic acid, fulvic acid/fulvic fraction, hydrophobic fulvic acid, seaweed extract, and kelp extract, with future expansions anticipated.

Claims substantiation: All plant biostimulant claims must be scientifically substantiated to remain compliant.

Transition period: A four-year grace period is provided for manufacturers to update labels.

State adoption: California implements the framework first (effective January 1, 2025), with additional states expected to follow during 2025–2026.

Overall, the bill represents a regulatory milestone, delivering clarity and uniformity for plant biostimulant products across the U.S. market.

Regulatory Authority and Product Registration (California)

Regulatory authority: California Department of Food and Agriculture (CDFA)

Plant biostimulants are regulated as fertilizing materials/beneficial substances and must be registered and labeled through CDFA’s Fertilizing Materials Inspection Program (FMIP).

Key requirements before placing a product on the California market:

- Every product must be registered with the state.

- Each unique label or formulation change requires a separate registration.

- Registration periods may extend up to four years.

- Fees are generally capped (often under $400).

- Licenses must be renewed as required.

Need help? Just reach out to us. Your target is our mission !

We wish you a great day,

The sciBASICS Team.