Hay Management | Regulatory Information for FRESH CUT® brand Plus Liquid Hay Preservative

Hay, regardless of baling method, is a “raw agricultural product” in the eyes of the U.S. Environmental Protection Agency (EPA). Thus, products used to preserve hay fall under regulations of the EPA.

FRESH CUT® brand Plus Liquid Hay Preservative is an EPA-registered chemical preservative for hay that helps reduce heating and deterioration and allows hay to be harvested at higher moistures.

FRESH CUT Plus is an EPA registered pesticide because the U.S. government considers hay to be a raw agricultural commodity and preservatives applied to raw agricultural commodities are regulated by the Environmental Protection Agency (EPA) under the 1996 Food Quality Protection Act. Other examples of raw agricultural commodities include shelled corn, wheat, sorghum, and water.
Each facility that produces an EPA registered product is assigned an establishment number and each EPA registered product is assigned a unique EPA registration number and both must be clearly printed on the product label.
The EPA approved label for FRESH CUT Plus recommends using 4 to 15 pounds per ton of hay, depending upon the moisture and type of hay bale. It should be stored in a warm, dry place above 40°F.
FRESH CUT Plus contains ammonium hydroxide that buffers the pH and helps protect application equipment.
EPA regulations may be enforced by either state or U.S. EPA regulators based on EPA requirements. State regulators typically want to evaluate a product's EPA registration before deciding on actions.
The FRESH CUT Plus label lists the following container disposal directions: “Triple rinse (or equivalent). Then offer for recycling or reconditioning, or puncture and dispose of in a sanitary landfill, or incineration or, if allowed by state and local authorities, by burning. If burned, stay out of smoke.” Always dispose of containers in accordance with federal, state, and local regulations. A container must be refurbished and checked for damage or leakage before it can be reused.
Individual producers who apply FRESH CUT Plus to their own hay probably will not be required to obtain a pesticide applicators license. However, those who apply hay preservatives for hire such as custom balers will likely be required to obtain a license. That includes producers who bale and treat hay for neighbors under certain circumstances and can be state specific.
FRESH CUT Plus can be repackaged, but certain conditions must be met with EPA before such repackaging can commence. Among the requirements are verification of repackage facility EPA establishment number, label approval by EPA and other considerations. Kemin and each repackaging facility must complete and sign a standard Kemin repackaging agreement.
Each repackaging facility must have its own EPA facility registration, and registrations are location specific. However, because the facility needs proof of label approval for each product it repackages, using the Kemin label for FRESH CUT Plus may simplify part of the approval process.
If a facility receives a bulk shipment of FRESH CUT Plus from Kemin and subsequently delivers product to the producer in bulk without repackaging, additional registration activity with EPA may not be required.
State EPA regulators will certainly inspect your facility periodically. How often depends on many factors; state regulations, their workload and on your record for safe handling of EPA-registered products.
Distributor reps with licenses for the sale or distribution of EPA registered herbicide and pesticide products should be covered. However, each distributor should check regulations in their state to insure compliance with State and Federal Regulations.
For customers to sell EPA registered products from Kemin under a private label would require additional EPA registration that could involve considerable work and time.