Were peat moss and peat humus exempt fertilizer when used to grow food-producing plants?

Short answer No. California classified both products as soil amendments rather than fertilizer, making their retail sales taxable even for food-producing plants.
State
CA
Ruling
Annotation 510.1200
Tax type
Sales and Use Tax
Issued
1951-08-01
Issued by
California State Board of Equalization
Requested by
California Board of Equalization staff asking about peat moss and peat humus

Apply this to your situation

This page answers the general question as of 1951. Ask about yours and see what current California tax law says, with citations.

Currency note: this ruling is from 1951
Subsequent statutory amendments, regulation changes, court decisions, or later rulings may have changed the analysis. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, rate, or position mentioned here.
Disclaimer: Although the annotation is titled Peat Humus, the 1951 source expressly covers both peat moss and peat humus and says the Department of Agriculture regarded them as similar products differing only in quality. Their classification as soil amendments, not fertilizer, controlled the result. Current peat-product, soil-amendment, fertilizer, food-crop, product-label, and exemption rules control today.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page as a PDF) is the authoritative source for any reliance.
View original ruling (PDF)

Plain-English summary

California said peat moss and peat humus were similar products that differed only in quality. It classified both as soil amendments rather than fertilizer.

Retail sales of either product were taxable even when used to grow food-producing plants.

Common questions

Was peat humus exempt fertilizer?

No.

Did the same result apply to peat moss?

Yes.

Did food-crop use change the result?

No.

Citations and references

The supporting opinion does not cite a specific statute or regulation.

Source

Original ruling text

STATE OF CALIFORNIA

510.1200

STATE BOARD OF EQUALIZATION
Sacramento, California
August 1, 1951
Mr. ______
R. G. Hamlin
Peat Moss and Peat Humus

In response to your inquiry of July 10 you are advised that the Department of Agriculture has informed us that peat moss and peat humus are similar products, differing only in quality, and that each product is a soil amendment and not a fertilizer. Accordingly, the tax will apply to sales of either peat moss or peat humus at retail whether or not it is used for growing food producing plants.

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