Biosolids

The specific contents of different Class A biosolids products vary. These may be marketed as compost, fertilizer, soil amendment, garden soil, raised bed mixes, etc. Class A biosolids means that the biosolids have been treated to have undetectable levels of pathogens (Fecal Coliform and Salmonella) as well as chemical pollutant limits (nine toxic metals). But the exact blend of materials in a Class A biosolids product varies (i.e., biosolids are only a percentage of the entire product).

Yes, a recent update of the regulations requires testing of biosolids products. The latest release from the DEC on this topic states: ‘On June 10, 2026, NYSDEC issued Program Policy DMM-7A: Biosolids Recycling in New York State - Interim Strategy to Address PFAS in Biosolids Products. The policy expands on the requirements of DMM-7 to require sampling and analysis of biosolids products, such as compost and heat dried products, for PFAS compounds. Biosolids products covered under this policy include those produced by in-state facilities permitted under 6 NYCRR Part 361 and products imported for use in NYS. Within 90 days of June 10, 2026, all permitted 361-3 biosolids recycling facilities, as well as facilities with approvals under 361-3.8 to distribute biosolids products from out of state sources, must sample products for PFAS compounds and submit to DEC upon receipt from the laboratory. After the initial sampling event, facilities must sample the biosolids products at the frequency outlined in DMM-7A annually. This policy will remain in place until DEC issues updated regulations for PFAS in biosolids.’

Please see the response above and all sampling requirements can be found on the biosolids management page of the DEC website. 

In NYS the DEC regulates biosolids and biosolids-derived products. At the federal level it is the USEPA. All biosolids and biosolids-derived products must meet the requirements of Class A-EQ (exceptional quality) in NYS to be sold for use in gardens, lawns, landscapes, etc. In NYS, all biosolids-derived products are required to be labeled as such and/or provide information on appropriate use and application by regulation.

Products that contain Class A biosolids can be found at big box stores (e.g., Lowe’s, Home Depot, etc.), garden/nursery centers, and anywhere you can purchase compost, soil amendment, and fertilizer products. It is difficult to know at this point where they are being applied because homeowners may be applying them without knowing because they are a part of a blend. Exceptions are certified organic products (OMRI (Organics Materials Review Institute) approved) and those that specifically say they do not contain biosolids. 

Labeling is tricky. But in NYS, all biosolids-derived products are required to be labeled as such and/or provide information on appropriate use and application by regulation. Bagged compost and soil amendment labels vary but all products that contain biosolids must list that it contains biosolids somewhere on the label. Also, some products are well known to be derived from biosolids (e.g., Milorganite, which is marketed as a fertilizer). Bulk compost sales don’t have labels like bagged products, but the DEC requires registered and permitted facilities to track information including incoming material type, source, and quantity. All facilities are required to submit a publicly available annual report with the DEC. Consumers can also ask the supplier directly what feedstocks were used to make the product. But if the public wants to guarantee absolutely no biosolids are in the product they are purchasing, they should look for OMRI approved products. 

At the federal level, biosolids are designated as either “Class A” or “Class B” based on pathogen treatment methods, with Class A requiring nondetectable levels of Fecal Coliform and Salmonella before land application. But in either case pathogens are not completely eliminated. A third group, “Class A-EQ” (exceptional quality), has requirements for both pathogen treatment and chemical pollutant limits (for nine toxic metals). In NYS, only classes “A-EQ” and “B” are considered. Both Class A and B biosolids can be land applied. All facilities applying biosolids must be permitted and there are strict rules around where, how, when, and to what crops they can be applied too. All regulations governing the beneficial use of biosolids in NYS can be found in 6 NYCRR Part 361, Materials Recovery Facilities, in the following Subparts: 361-2 Land Application and Associated Storage Facilities and 361-3 Composting and Other Organics Recycling Facilities.