Current through the 2024 Fourth Special Session
Section 4-13-104 - Labeling requirements for fertilizer and soil amendments specified(1) A container of fertilizer distributed in this state shall bear a label in clearly legible and conspicuous form setting forth the: (a) brand name and grade;(b) guaranteed analysis, except that: (i) sources of nutrients, when shown on the label, shall be listed below the completed guaranteed analysis in order of predominance;(ii) guarantees of zeros may not be made and may not appear in statement except in nutrient guarantee breakdowns; and(iii) if chemical forms of nitrogen are claimed or required, the form shall be shown, but no implied order of the forms of nitrogen is intended;(c) derivation statement of guaranteed nutrients, nonplant food ingredients, and beneficial substances or compounds if present;(d) directions for use when applicable;(e) caution or warning statement when applicable;(f) name and address of the registrant or the manufacturer, if different from the registrant;(g) net weight or volume; and(2) A container of specialty fertilizer distributed in this state shall bear a label in clear, legible, and conspicuous form setting forth the information specified in Subsections (1)(a) through (h).(3) A shipment of custom blend fertilizer shall be accompanied by a printed or written statement setting forth the: (a) information specified in Subsections (1)(a) through (c);(b) name and address of the licensed blender;(c) net weight or volume; and (4) A shipment of fertilizer material shall be accompanied by a printed or written statement setting forth the: (a) information specified in Subsections (1)(a) through (c);(b) name and address of the registrant if different from the supplier or shipper;(c) net weight or volume; and(5) The grade is not required on a fertilizer label when no primary nutrients are claimed or are less than one percent. (6) Additional nutrient guarantees may not be an extension of the grade statement and shall be a separate line or include terms such as "plus," "with," or "including."(7) A soil amendment distributed in the state shall bear a label in clearly legible and conspicuous form setting forth the: (b) guaranteed analysis, which includes: (i) nonplant food ingredients separated out by soil amending ingredients and other total ingredients, in that order, by percentages; and(ii) nonsoil amending ingredients separating out beneficial substances and beneficial compounds, in that order, by percentage or acceptable units;(d) direction for application;(e) caution or warning statement when applicable;(f) name and address of registrant; and(g) net weight or volume.(8) The department may require proof of claims made, usefulness, and value of the soil amendments.(9) For evidence of proof the department may rely on experimental data, evaluations, or advice supplied from such sources as the director of the Agricultural Experiment Station. The experimental design shall be related to state conditions for which the product is intended.(10) Information or a statement may not appear on a package, label, delivery slip, or advertising matter that is false or misleading to the purchaser as to the use, value, quality, analysis, type, or composition of the soil amendment. (11) A fertilizer is misbranded if: (a) the fertilizer's labeling is false or misleading in any particular;(b) the fertilizer is distributed under the name of another fertilizer product; (c) the fertilizer is not labeled as required; or(d) the fertilizer purports to be or is represented as fertilizer, or is represented as containing a plant nutrient fertilizer that does not conform with the definition of identity or any commonly accepted definitions of official fertilizer terms.Amended by Chapter 311, 2020 General Session ,§ 8, eff. 5/12/2020.Renumbered from § 4-13-4 and amended by Chapter 345, 2017 General Session ,§ 143, eff. 7/1/2017.Amended by Chapter 179, 2007 General Session.