Cancellation, denial or suspension of registration: Grounds.
1. The Director may, after a hearing, cancel the registration of, or refuse to register, the brand and grade of any commercial fertilizer or agricultural mineral if he finds that:
(a) The commercial fertilizer or agricultural mineral has demonstrated serious uncontrollable adverse effects within or outside the agricultural environment;
(b) The use of the commercial fertilizer or agricultural mineral is of less value to the public or greater detriment to the environment than the benefit received by its use;
(c) There is a reasonably effective and practicable alternate material which is demonstrably less destructive to the environment;
(d) The commercial fertilizer or agricultural mineral, if properly used, is detrimental to:
(1) Vegetation, except weeds;
(2) Domestic animals; or
(3) Public health and safety;
(e) The commercial fertilizer or agricultural mineral is of little or no value for the purpose for which it is intended; or
(f) Any false or misleading statement concerning the commercial fertilizer or agricultural mineral has been made or implied by the registrant or his agent, or by the applicant for registration, orally or in writing, or in the form of any advertising.
2. In making any such determination, the Director may require such practical demonstrations as are necessary to determine the facts.
3. If the Director has reason to believe that any of the findings described in subsection 1 are applicable to any commercial fertilizer or agricultural mineral the brand and grade of which is registered and that the use or continued use of the commercial fertilizer or agricultural mineral constitutes an immediate substantial danger to any person or the environment, the Director may, after notice to the registrant, suspend the registration of the brand and grade of the commercial fertilizer or agricultural mineral pending a hearing and final decision.
Last modified: February 26, 2006