In a nutshell, in Washington State, biostimulants are regulated based on their function: as fertilizers if supplying nutrients, or as pesticides if altering plant growth or defense. Registration with WSDA is required for each category; there is no separate biostimulant registration pathway.

It means that if the biostimulant’s primary purpose is to supply substances to plants (for example, humic acids or kelp extracts for nutrition, it is regulated as a fertilizer under the Commercial Fertilizer Act (RCW 15.54) and corresponding rules (WAC 16-200). If, in turn, a plant biostimulant claims to regulate plant growth physiologically or improve pest/disease resistance (such as acting as a plant regulator, stimulating growth beyond simple nutrition, or inducing defense responses), it is regulated as a pesticide under the Washington Pesticide Control Act (RCW 15.58). Plain and simple.

If the biostimulant falls under the fertiliser law, it must be registered with the Washington State Department of Agriculture (WSDA) under the Commercial Fertilizer Act (RCW 15.54) before distribution. The Washington Commercial Fertilizer Act (RCW 15.54) regulates the distribution, labeling, registration, and safety of fertilizers in Washington to protect human health and the environment, establishing requirements for licensing, reporting, allowable metals, penalties, and special rules for turf fertilizers and waste-derived products. This application is done with a form and by submitting all relevant information (brand name, composition, claims, etc.).

The application for a new registration must be accompanied by a fee of $150 per product. The registration - if obtained - is valid for a two-year period, beginning July 1 and ending twenty-four months later. For renewal, the fee is $120 per product, and late renewals incur a $50 late fee.

The Department will review your application and product labels for compliance. If the application and labels are in proper form and contain all required information, the product will be registered, and you will receive a certificate of registration.

Mind you, for waste-derived or micronutrient fertilizers, additional approval from the Department of Ecology is required before registration can be finalized. So, this might take a little longer.

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We wish you a beautiful day,

The sciBASICS Team