Biostimulants have been used in agriculture for centuries.  

The practice started when farmers in Maine began using seaweed as a soil amendment in the 1800s. Today, biostimulants encompass a wide range of agricultural products and have garnered increased attention due to their potential to enhance crop productivity, improve plant health, and promote sustainable agricultural practices. 

The challenge at hand is to develop regulatory framework to increase use of biostimulants on the farm. Efforts to include a federal definition of biostimulants and set regulatory guidelines are expected to be part of the farm bill that has yet to pass Congress.  

Plant Biostimulant Act 

In a June 20 webinar on the regulatory landscape surrounding biostimulants, sponsored by the North Carolina Biotechnology Center, Keith Jones, executive director of the Washington-D.C. based Biological Products Industry Alliance, explained that draft legislation titled the “Plant Biostimulant Act” was introduced in both the 117th and 118th Congresses with bipartisan support with the goal of including provisions of the bill in the next farm bill. 

Jones explained that the purpose of introducing the legislation was not to pass a standalone bill but to raise awareness in Congress so language on biostimulants would be included. Jones said key provisions of the measure would amend FIFRA (the Federal Insecticide, Fungicide, and Rodenticide Act) to provide an actual federal definition of plant biostimulants and specifically exclude them from being regulated under FIFRA. 

“Biostimulants aren’t pesticides. They aren’t fertilizers either. They are a new category. It doesn’t make sense for them to be regulated under a pesticide statute, FIFRA,” Jones said. “They should be handled at the state level, but it’s important for us to get that federal definition so everyone can point to that definition and say that’s what we mean when we say biostimulant, but then specifically exclude biostimulants from FIFRA because we don’t want these products to be regulated as pesticides.” 

Jones said the legislation also requires the EPA to revise the Code of Federal Regulation to include the new definition of biostimulant once it has been established. Legislation would then require USDA to do an independent study on how plant biostimulants can contribute to soil health. 

Jones said that while the Plant Biostimulant Act has bipartisan support in both the House and Senate, it won’t move forward without passage of the larger farm bill. He noted that the version of the farm bill passed by the House Agriculture Committee includes language basically mirroring the Plant Biostimulant Act.  

A step in the right direction 

Jones said the version of the farm bill that passed the House Agriculture Committee but has yet to go before the full House for a vote offers the “best case scenario” for biostimulants.  

Senate Agriculture Committee Chairwoman Debbie Stabenow has proposed farm bill framework that directs EPA to define plant biostimulants but does not actually mirror language in the Plant Biostimulant Act. He said Stabenow’s proposal is a step in the right direction. 
“Senate Ranking Member (John) Boozman’s framework is another best-case scenario. It emulates the House bill and our Plant Biostimulant Act,” Jones said. 

Of course, the farm bill must be passed and signed by the president before the biostimulant language can become federal law.  

“Due to political hurdles, we’re not sure what’s going to happen in either chamber with the farm bill right now. In theory, since the bill was passed in the House Ag Committee, it is eligible to go before a full House floor vote. However, that doesn’t seem likely. There doesn’t seem like there is a clear pathway for passage right now,” Jones said. 

He noted it is important to remember that the framework laid out by both Boozman and Stabenow is a proposal, rather than actual farm bill language. He said no farm bill will advance until both chambers come together and negotiate a path forward for passage. 

Jones said the hope is that a farm bill will be passed during the lame duck session of Congress following the November elections. “Through it all, advancing language for plant biostimulants in the 2024 farm bill is a bipartisan issue that has received support.”