(1) When any
reference is made on the label, labeling, or graphic material of a fertilizer
or soil amendment to "trace elements," "minor elements," "secondary elements,"
"plant foods," or similar generalized terms, each individual plant food to
which the term refers shall be listed on the label.
(2) Other plant nutrients, when mentioned in
any form or manner, shall be registered and shall be guaranteed.
(a) Each guarantee shall be made on the
elemental basis.
(b) Sources of the
elements guaranteed and proof of availability shall be provided to the
department upon request.
(c) Except
guarantees for those water soluble nutrients labeled for ready to use foliar
fertilizers, ready to use specialty liquid fertilizers, hydroponic or
continuous liquid feed programs and guarantees for potting, garden and lawn
soils, the minimum percentages which will be accepted for registration are:
|
TABLE
|
|
Element
|
Minimum Concentration %
|
|
Calcium (Ca)
|
1.0000
|
|
Magnesium (Mg)
|
0.5000
|
|
Sulfur (S)
|
1.0000
|
|
Boron (B)
|
0.0200
|
|
Chlorine (Cl)
|
0.1000
|
|
Cobalt (Co)
|
0.0005
|
|
Copper (Cu)
|
0.0500
|
|
Iron (Fe)
|
0.1000
|
|
Manganese (Mn)
|
0.0500
|
|
Molybdenum (Mo)
|
0.0005
|
|
Nickel (Ni)
|
0.0010
|
|
Sodium (Na)
|
0.1000
|
|
Zince (Zn)
|
0.0500
|
|
Guarantees or claims for the plant nutrients listed
in the Table are the only ones that will be accepted. Each proposed label and
directions for the use of the fertilizer shall be furnished with the
application for registration upon request. Any of the elements listed in the
Table that are guaranteed shall appear in the order listed immediately
following guarantees for the primary nutrients of nitrogen, phosphate, and
potash.
|
(3) Slowly released plant nutrients.
(a) No fertilizer label shall bear a
statement that implies that certain plant nutrients contained in a fertilizer
are released slowly over a period, unless each slow release component is
identified and guaranteed at a level of at least 15% of the total guarantee for
that nutrient.
(b) Types of
products with slow release properties recognized are:
(i) water insoluble, including natural
organics, ureaform materials, urea-formaledhyde products, isobutylidene diurea
oxamine;
(ii) coated slow release,
including sulfur coated urea and other encapsulated soluble
fertilizers;
(iii) occluded slow
release where fertilizers or fertilizer materials are mixed with waxes, resins,
or other inert materials and formed into particles; and
(iv) products containing water soluble
nitrogen, including ureaform materials, urea-formaldehyde products, methylene
urea (MDU), dimethylentriurea (DMTU), and dicyanodiamide (DCD).
(c) The terms, "water insoluble,"
"coated slow release," "slow release," "controlled release," "slowly available
water soluble," and "occluded slow release" are accepted as descriptive of
these products.
(d) The department
may require evidence and an acceptable testing procedure to substantiate each
claim.
(4) Pesticide may
be added to registered fertilizer or soil amendment, provided:
(a) the fertilizer, soil amendment, and
pesticide is registered; and
(b)
each fertilizer or soil amendment pesticide mixture has a label showing the
information required in this rule and in Section
4-14-104.
(5) Format exemptions. The
department may exempt a fertilizer from any guaranteed analysis format
requirement under Section
4-13-104
if the person requesting the exemption demonstrates the following to the
department's satisfaction:
(a) another state
that has authorized sale of the fertilizer has a conflicting statute or
regulation;
(b) the format
exemption will reconcile the conflict pursuant to Section
4-13-104;
(c) the format exemption will not affect, to
the detriment of purchasers in this state, any claim or disclosure related to
product performance, use, purpose, efficacy, or active ingredients;
(d) the format exemption will not cause the
product label to be false, deceptive, or misleading in any respect;
(e) the format required by the other state
satisfies the objectives of Section 4-13-104; or
(f) the format required by the other state
does not violate applicable labeling requirements, if any, pursuant to Section
4-13-104.
