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4. Use and application of lawn fertilizer. <br /> A. Except as provided in Section 5 below, no person shall apply any lawn fertilizer that is <br /> labeled as containing more than zero percent phosphorous or any other compound <br /> containing phosphorous, such as phosphate. <br /> B. No person shall apply any lawn fertilizer when the ground is frozen. <br /> C. No person shall cause lawn fertilizer to be applied to or run onto any impervious surface <br /> including parking lots, roadways and sidewalks. If such an application, occurs the <br /> fertilizer must be immediately contained and collected and either legally applied to turf or <br /> placed in an appropriate container. <br /> 5. Exemptions to use and application of lawn fertilizer. <br /> A. The prohibition against the use of fertilizer under Section 4 shall not apply to the <br /> following: <br /> 1. Newly established turf or lawn areas during their first growing season. <br /> 2. Turf or lawn areas where soil tests performed within the past three years confirm <br /> that the phosphorous levels are deficient based upon the standards established by <br /> the Massachusetts Department of Agriculture. The fertilizer application shall not <br /> contain an amount of phosphorous exceeding the amount and rate of application <br /> recommended based on the soil test. <br /> 3. Gardens, including vegetable and flower, trees, shrubs, and indoor applications, <br /> including green houses. <br /> 4. Yard waste compost or other similar materials that are primarily organic in nature <br /> and are applied to improve the physical condition of the soil. <br /> B. The application of fertilizer under subsection A above must meet the standards <br /> established by the Massachusetts Department of Environmental Protection. <br /> 6. Display for sale of fertilizer containing phosphorous. <br /> A. Effective December 1 2011 no person shall display for sale any lawn fertilizer that is <br /> labeled as containing more than zero percent phosphorous, or compound containing <br /> phosphorous, such as phosphate. Lawn fertilizer that contains more than zero percent <br /> phosphorus may be stored off the sales floor and may be sold upon presentation of a <br /> deficiency of phosphorous statement. The business shall advise customers by signs that <br /> soil test kits and fertilizer containing phosphorous is available. <br /> B. Effective December 2011 a sign referencing the regulations set forth in this chapter and <br /> the effects of phosphorous on Mashpee's rivers, ponds, lakes oceans and its tributaries <br /> thereof must be prominently displayed where fertilizers are sold. A business shall be <br /> 29 <br />