SMG » Topics » Regulatory Considerations

These excerpts taken from the SMG 10-K filed Dec 3, 2008.
Regulatory Considerations
 
Local, state, federal and foreign laws and regulations affect the sale of our products in several ways.
 
In the United States, all products containing pesticides must comply with the Federal Insecticide, Fungicide, and Rodenticide Act of 1947, as amended (“FIFRA”), and be registered with the U.S. Environmental Protection Agency (the “U.S. EPA”) (and similar state agencies) before they can be sold or distributed. The inability to obtain or maintain such compliance, or the cancellation of any such registration, could have an adverse effect on our business, the severity of which would depend on the products involved, whether another product could be substituted and whether our competitors were similarly affected. We attempt to anticipate regulatory developments and maintain registrations of, and access to, substitute active ingredients, but there can be no assurance that we will continue to be able to avoid or minimize these risks.
 
Fertilizer and growing media products are subject to state and foreign labeling regulations. Our manufacturing operations are subject to waste, water and air quality permitting and other regulatory requirements of federal and state agencies. The Company’s wild bird food business is subject to regulation by the U.S. Food and Drug Administration and our grass seed products are regulated by the Federal Seed Act and various state regulations.
 
Pursuant to the Food Quality Protection Act, the U.S. EPA is evaluating the cumulative risks from dietary and non-dietary exposures to pesticides. The pesticides in our products are typically manufactured by independent third parties and as a result of the U.S. EPA’s continuing risk assessment, a decision by the U.S. EPA or the third party registrant may restrict our access to the pesticides. We cannot predict the outcome or the severity of the effect of these continuing evaluations.
 
The use of certain pesticide and fertilizer products is regulated by various local, state, federal and foreign environmental and public health agencies. These regulations may include requirements that only certified or professional users apply the product or that certain products be used only on certain types of locations (such as “not for use on sod farms or golf courses”), may require users to post notices on properties to which products have been or will be applied, may require notification to individuals in the vicinity that products will be applied in the future or may ban the use of certain ingredients. We believe we are operating in substantial compliance with, or taking action aimed at ensuring compliance with, these laws and regulations.
 
State, federal and foreign authorities generally require growing media facilities to obtain permits (sometimes on an annual basis) in order to harvest peat and to discharge storm water run-off or water pumped from peat deposits. The permits typically specify the condition in which the property must be left
 
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after the peat is fully harvested, with the residual use typically being natural wetland habitats combined with open water areas. We are generally required by these permits to limit our harvesting and to restore the property consistent with the intended residual use. In some locations, these facilities have been required to create water retention ponds to control the sediment content of discharged water.
 
Regulatory
Considerations



 



Local, state, federal and foreign laws and regulations affect
the sale of our products in several ways.


 



In the United States, all products containing pesticides must
comply with the Federal Insecticide, Fungicide, and Rodenticide
Act of 1947, as amended (“FIFRA”), and be registered
with the U.S. Environmental Protection Agency (the
“U.S. EPA”) (and similar state agencies) before
they can be sold or distributed. The inability to obtain or
maintain such compliance, or the cancellation of any such
registration, could have an adverse effect on our business, the
severity of which would depend on the products involved, whether
another product could be substituted and whether our competitors
were similarly affected. We attempt to anticipate regulatory
developments and maintain registrations of, and access to,
substitute active ingredients, but there can be no assurance
that we will continue to be able to avoid or minimize these
risks.


 



Fertilizer and growing media products are subject to state and
foreign labeling regulations. Our manufacturing operations are
subject to waste, water and air quality permitting and other
regulatory requirements of federal and state agencies. The
Company’s wild bird food business is subject to regulation
by the U.S. Food and Drug Administration and our grass seed
products are regulated by the Federal Seed Act and various state
regulations.


 



Pursuant to the Food Quality Protection Act, the U.S. EPA
is evaluating the cumulative risks from dietary and non-dietary
exposures to pesticides. The pesticides in our products are
typically manufactured by independent third parties and as a
result of the U.S. EPA’s continuing risk assessment, a
decision by the U.S. EPA or the third party registrant may
restrict our access to the pesticides. We cannot predict the
outcome or the severity of the effect of these continuing
evaluations.


 



The use of certain pesticide and fertilizer products is
regulated by various local, state, federal and foreign
environmental and public health agencies. These regulations may
include requirements that only certified or professional users
apply the product or that certain products be used only on
certain types of locations (such as “not for use on sod
farms or golf courses”), may require users to post notices
on properties to which products have been or will be applied,
may require notification to individuals in the vicinity that
products will be applied in the future or may ban the use of
certain ingredients. We believe we are operating in substantial
compliance with, or taking action aimed at ensuring compliance
with, these laws and regulations.


 



State, federal and foreign authorities generally require growing
media facilities to obtain permits (sometimes on an annual
basis) in order to harvest peat and to discharge storm water
run-off or water pumped from peat deposits. The permits
typically specify the condition in which the property must be
left

 



11







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after the peat is fully harvested, with the residual use
typically being natural wetland habitats combined with open
water areas. We are generally required by these permits to limit
our harvesting and to restore the property consistent with the
intended residual use. In some locations, these facilities have
been required to create water retention ponds to control the
sediment content of discharged water.


 




These excerpts taken from the SMG 10-K filed Nov 25, 2008.
Regulatory Considerations
 
Local, state, federal and foreign laws and regulations affect the sale of our products in several ways.
 
In the United States, all products containing pesticides must comply with the Federal Insecticide, Fungicide, and Rodenticide Act of 1947, as amended (“FIFRA”), and be registered with the U.S. Environmental Protection Agency (the “U.S. EPA”) (and similar state agencies) before they can be sold or distributed. The inability to obtain or maintain such compliance, or the cancellation of any such registration, could have an adverse effect on our business, the severity of which would depend on the products involved, whether another product could be substituted and whether our competitors were similarly affected. We attempt to anticipate regulatory developments and maintain registrations of, and access to, substitute active ingredients, but there can be no assurance that we will continue to be able to avoid or minimize these risks.
 
Fertilizer and growing media products are subject to state and foreign labeling regulations. Our manufacturing operations are subject to waste, water and air quality permitting and other regulatory requirements of federal and state agencies. The Company’s wild bird food business is subject to regulation by the U.S. Food and Drug Administration and our grass seed products are regulated by the Federal Seed Act and various state regulations.
 
Pursuant to the Food Quality Protection Act, the U.S. EPA is evaluating the cumulative risks from dietary and non-dietary exposures to pesticides. The pesticides in our products are typically manufactured by independent third parties and as a result of the U.S. EPA’s continuing risk assessment, a decision by the U.S. EPA or the third party registrant may restrict our access to the pesticides. We cannot predict the outcome or the severity of the effect of these continuing evaluations.
 
The use of certain pesticide and fertilizer products is regulated by various local, state, federal and foreign environmental and public health agencies. These regulations may include requirements that only certified or professional users apply the product or that certain products be used only on certain types of locations (such as “not for use on sod farms or golf courses”), may require users to post notices on properties to which products have been or will be applied, may require notification to individuals in the vicinity that products will be applied in the future or may ban the use of certain ingredients. We believe we are operating in substantial compliance with, or taking action aimed at ensuring compliance with, these laws and regulations.
 
State, federal and foreign authorities generally require growing media facilities to obtain permits (sometimes on an annual basis) in order to harvest peat and to discharge storm water run-off or water pumped from peat deposits. The permits typically specify the condition in which the property must be left after the peat is fully harvested, with the residual use typically being natural wetland habitats combined with open water areas. We are generally required by these permits to limit our harvesting and to restore the property consistent with the intended residual use. In some locations, these facilities have been required to create water retention ponds to control the sediment content of discharged water.
 
11


Table of Contents

Regulatory
Considerations



 



Local, state, federal and foreign laws and regulations affect
the sale of our products in several ways.


 



In the United States, all products containing pesticides must
comply with the Federal Insecticide, Fungicide, and Rodenticide
Act of 1947, as amended (“FIFRA”), and be registered
with the U.S. Environmental Protection Agency (the
“U.S. EPA”) (and similar state agencies) before
they can be sold or distributed. The inability to obtain or
maintain such compliance, or the cancellation of any such
registration, could have an adverse effect on our business, the
severity of which would depend on the products involved, whether
another product could be substituted and whether our competitors
were similarly affected. We attempt to anticipate regulatory
developments and maintain registrations of, and access to,
substitute active ingredients, but there can be no assurance
that we will continue to be able to avoid or minimize these
risks.


 



Fertilizer and growing media products are subject to state and
foreign labeling regulations. Our manufacturing operations are
subject to waste, water and air quality permitting and other
regulatory requirements of federal and state agencies. The
Company’s wild bird food business is subject to regulation
by the U.S. Food and Drug Administration and our grass seed
products are regulated by the Federal Seed Act and various state
regulations.


 



Pursuant to the Food Quality Protection Act, the U.S. EPA
is evaluating the cumulative risks from dietary and non-dietary
exposures to pesticides. The pesticides in our products are
typically manufactured by independent third parties and as a
result of the U.S. EPA’s continuing risk assessment, a
decision by the U.S. EPA or the third party registrant may
restrict our access to the pesticides. We cannot predict the
outcome or the severity of the effect of these continuing
evaluations.


 



The use of certain pesticide and fertilizer products is
regulated by various local, state, federal and foreign
environmental and public health agencies. These regulations may
include requirements that only certified or professional users
apply the product or that certain products be used only on
certain types of locations (such as “not for use on sod
farms or golf courses”), may require users to post notices
on properties to which products have been or will be applied,
may require notification to individuals in the vicinity that
products will be applied in the future or may ban the use of
certain ingredients. We believe we are operating in substantial
compliance with, or taking action aimed at ensuring compliance
with, these laws and regulations.


 



State, federal and foreign authorities generally require growing
media facilities to obtain permits (sometimes on an annual
basis) in order to harvest peat and to discharge storm water
run-off or water pumped from peat deposits. The permits
typically specify the condition in which the property must be
left after the peat is fully harvested, with the residual use
typically being natural wetland habitats combined with open
water areas. We are generally required by these permits to limit
our harvesting and to restore the property consistent with the
intended residual use. In some locations, these facilities have
been required to create water retention ponds to control the
sediment content of discharged water.

 



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