[USCC] FW: Question About A Mulch Disclaimer

[Cary Oshins]

Hello Composters!

I received this query from a municipal composter.  A little background: the
"mulch" they refer to is actually compost made from leaves (60%) grass and
ground brush & wood (20% each).  It is definitely processed. I gave him some
suggested rewording. In any case, I am interested in examples of disclaimers
used by municipalities at give-away locations. Thanks!

Cary Oshins


-----Original Message-----
From: sanitation [mailto:sanitation at upperdublin.net] 
Sent: Wednesday, August 08, 2007 10:44 AM
To: caryoshins at hotmail.com
Subject: Question About A Mulch Disclaimer

Hi Cary,

I was hoping to get your input on a mulch disclaimer that our township
manager wants to place at our mulch pick-up sites.  I was wondering if other
sites do this and if you think it is well advised or not.  If disclaimers
are often posted, is there a boiler-plate one you are aware of?

I personally don't see it as necessary, but then I am not a lawyer!  I would
argue that it IS processed, and if done correctly the process minimizes the
hazards mentioned.  Of course the listed hazards can not be eliminated
completely, and there is no guarantee, so the disclaimer is true enough.

Mulch Disclaimer: Municipal mulch is a natural, unprocessed material that
has been stored outside. As a result, it may contain allergens, poison ivy,
termites and/or carpenter ants or other foreign matter. Users should wear
proper clothing and protection when handling the mulch. Upper Dublin
Township makes no guarantee concerning the quality of the mulch, and assumes
no liability for injury or property damage as a result of the use or
delivery of the mulch. Residents who use this mulch do so at their own risk.

Please let me know your thoughts on a disclaimer notice in general, and the
specific wording of this one.

Thanks!

Craig Frey
Sanitation Foreman
Township of Upper Dublin

____________________________________
Cary Oshins
Assistant Director of Programs
US Composting Council
1 Comac Loop, Suite 14B1
Ronkonkoma, NY 11779
phone: 631-737-4931
fax: 631-737-4939
direct phone: 484-547-1521
direct fax: 484-274-6779
cary at compostingcouncil.org
 
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