N.M. Admin. Code § 21.18.2.9

Current through Register Vol. 36, No. 1, January 14, 2025

Section 21.18.2.9 - LABELING

A. The minimum percentage of primary plant nutrients claimed by a fertilizer product shall appear on the product label in the following order and form.

total nitrogen (N)........................................ ________%

________% ammoniacal nitrogen

________% nitrate nitrogen

________% water insoluble nitrogen

________% urea nitrogen

________% (other recognized and determinable forms of N)

available phosphate (P2O5)............................ ________%

soluble potash (K2O)..................................... ________%

(other nutrients, elemental basis as prescribed in Subsection B of 21.18.2.9 NMAC)..______%

B. In addition to nitrogen, phosphorus, and potassium, other plant nutrients, when mentioned in any form or manner, shall be registered and shall be guaranteed. Guarantees shall be made on the elemental basis. Sources of the elements guaranteed and proof of availability shall be provided to the department upon request. Guarantees or claims for the following plant nutrients are the only ones which will be accepted. Unless excluded, the minimum percentages which will be accepted for registration are as follows:

element	percent
calcium (Ca)	1.00
magnesium (Mg)	0.50
sulfur (S)	1.00
boron (B)	0.02
chlorine (Cl)	0.10
cobalt (Co)	0.0005
copper (Cu)	0.05
iron (Fe)	0.10
manganese (Mn)	0.05
molybdenum (Mo)	0.0005
nickel (Ni)	0.0010
sodium (Na)	0.10
zinc (Zn)	0.05

C. Levels below the percentages in Subsection B of 21.18.2.9 NMAC may be allowed provided that:

(1) justification is furnished by research data or other professional sources to satisfy the department that any of these minimum percentages would be detrimental to specific plants, or

(2) a commercial fertilizer is formulated according to specifications which are furnished by a consumer prior to mixing.

D. Proposed labels and directions for the use of the fertilizer shall be furnished with the application for registration upon request. Any of the preceding listed elements which are guaranteed shall appear in the order listed immediately following guarantees for the primary nutrients of nitrogen, phosphorus, and potassium.

E. Sources of nutrients, when shown on the label, shall be listed below the completed guaranteed analysis statement.

F. The label shall display:

(1) directions for use which include both an amount to be applied per unit area and a frequency of use per year; or

(2) a statement which says in effect, "for the agronomic application rates suitable for your geographical area or the maximum allowable non-nutrient application rates per acre, consult a trained soil specialist or write to (name and address of manufacturer/guarantor)."

G. A warning or caution statement is required on the label for any product which contains 0.03% or more of boron in water soluble form. This statement shall carry the word "warning" or "caution" conspicuously displayed, shall state the crop(s) for which the fertilizer is to be used, and state that the use of the fertilizer on any other than those recommended may result in serious injury to the crop(s).

H. Products containing 0.001% or more of molybdenum also require a warning statement on the label. This shall include the word "warning" or "caution" and the statement that the application of fertilizers containing molybdenum may result in forage crops containing levels of molybdenum which are toxic to ruminant animals.

I. The names and definitions for fertilizers shall be those adopted by the association of American plant food control officials.

J. Animal manure materials are permitted to be labeled in cubic feet rather than net weight.

K. Beneficial substances or compounds guarantees shall appear under the heading "contains beneficial substances" or "contains beneficial compounds."

contains beneficial substances

beneficial substance. ..................% or acceptable units

purpose statement:

or

contains beneficial compounds

beneficial compound...................% or acceptable units

purpose statement:

L. Bulk soil conditioner labeling in addition to requirements of 76-11-5 NMSA 1978:

(1) Net weight or volume basis

(2) Product claim(s) allowable for use:

(a) improves soil structure and porosity - creating a better plant root environment;

(b) increases moisture infiltration and permeability and reduces bulk density of heavy soils - improving moisture infiltration rates and reducing erosion and runoff;

(c) improves the moisture holding capacity of light soils - reducing water loss and nutrient leaching and improving moisture retention;

(d) improves the cation exchange capacity (CEC) of soils;

(e) supplies organic matter;

(f) aids the proliferation of soil microorganisms;

(g) supplies beneficial microorganisms to soils and growing media;

(h) encourages vigorous root growth;

(i) allows plants to more effectively utilize nutrients while reducing nutrient loss by leaching;

(j) enables soils to retain nutrients longer;

(k) contains humus - assisting in soil aggregation and making nutrients more available for plant uptake;

(l) buffers soil pH.

(3) Feedstock statement: list of feedstocks from which the compost was derived.

N.M. Admin. Code § 21.18.2.9

7/1/97; 21.18.2.9 NMAC - Rn, 21 NMAC 18.2.9, 05/29/09; A, 09/30/13