(1) A person may not sell, offer for sale or distribute fertilizer, agricultural mineral, agricultural amendment or lime product, in package or in bulk, unless there is a printed label attached or applied to the package, or, in the case of bulk sale, a separate document that physically accompanies the shipment and is furnished to the user or purchaser when each separate delivery is made, or when the last delivery is made of the entire lot or sale thereof. The printed label must include the following:
(a) The name under which the product is registered or sold.
(b) The net weight or volume.
(c) The name and mailing address of the manufacturer, distributor or registrant.
(d) The product grade if primary nutrients are claimed.
(e) A guaranteed analysis. The guaranteed analysis must follow the statement, “GUARANTEED ANALYSIS.” Guarantees must be based on a laboratory method of analysis approved by the State Department of Agriculture. The guaranteed analysis shall be stated on an “as is” basis at the time the fertilizer, agricultural mineral, agricultural amendment or lime product is offered for sale or distributed into or within this state. Primary nutrients, secondary nutrients and micronutrients that are claimed or advertised must be individually guaranteed.
(f) A derivation statement declaring the sources for all primary and secondary nutrients, micronutrients and non-plant food ingredients guaranteed. The statement must be listed below the completed guaranteed analysis. Abbreviations, brand names, trademarks and trade names may not appear in the derivation statement, but may appear as part of the product name in an area of the label that is separate from the derivation statement.
(g) The identity and amount of ingredients other than primary nutrients, secondary nutrients and micronutrients that are claimed or advertised. The identity and amount must be guaranteed and determinable by laboratory methods approved by the department. The source of such ingredients shall be placed on the label as follows:
______________________________________________________________________________
ALSO CONTAINS NON-PLANT
FOOD INGREDIENT(S):
___% Humic Acids (Derived from _____)
___% Other Determinable Non-Plant
Food Ingredients
______________________________________________________________________________
(h) A unique identifier for custom mixed products.
(i) An Internet address that leads to a department website that is accessible to the public and contains product-specific information. The department shall adopt rules establishing the date for label compliance and the nature of product information that must be available through the website. The information, accessible by product name, ingredient or reportable substance, shall include, at a minimum:
(A) The name of any product identified as waste-derived in an application for registration as provided in ORS 633.362 (9);
(B) The Standard Industrial Classification code of the facility that generated each waste-derived product or waste-derived ingredient of a product identified in subparagraph (A) of this paragraph; and
(C) The type and level of metals and other substances required by the department by rule to be reported for registration of any product as provided in ORS 633.362 (10).
(2)(a)(A) Primary nutrients that are claimed or advertised must be guaranteed and placed on the label as follows:
______________________________________________________________________________
GUARANTEED ANALYSIS:
Total Nitrogen (N)___%
___% Ammoniacal Nitrogen
___% Nitrate Nitrogen
___% Water Soluble Organic Nitrogen or
other recognized and determinable forms of
Nitrogen
___% Water Insoluble Organic Nitrogen or
Water Insoluble Nitrogen
Available Phosphate (P2O5)___%
Soluble Potash (K2O)___%
______________________________________________________________________________
(B) The guarantees for the forms of nitrogen must add up to the total nitrogen guarantee and may be shown by subscript. The forms of nitrogen may be listed in an order other than the order listed in this subsection.
(b) In addition to guarantees of available phosphate (P2O5) and soluble potash (K2O), the percentage of phosphorus (P) and potassium (K) may be shown by indentation and subscript as prescribed by the department. Phosphorous acid (expressed as H3PO3 or PO3) cannot be claimed as a source of available phosphate.
(c) Unacidulated mineral phosphatic materials, bone, tankage or other phosphatic materials shall be guaranteed on the label as follows:
______________________________________________________________________________
Available Phosphate (P2O5)___%
___% Total Phosphate
___% Insoluble Phosphate
______________________________________________________________________________
(3) The following secondary nutrients and micronutrients that are claimed or advertised must be guaranteed, must be placed on the label in the same order as listed in this subsection and must immediately follow the guaranteed analysis. The guaranteed analysis of secondary nutrients and micronutrients shall be made on the elemental basis. When a chelated, water soluble or other form of plant nutrient is claimed or advertised in addition to the elemental form of the same secondary nutrient or micronutrient, the form and percentage must be guaranteed separately. Except for products defined by the department by rule, the minimum percentages that may be accepted for registration are as follows:
______________________________________________________________________________
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%
Sodium (Na).............................. 0.1000%
Zinc (Zn).................................... 0.0500%
______________________________________________________________________________
(4) The label for any fertilizer, agricultural amendment, agricultural mineral or lime product with added boron greater than 0.1 percent or added molybdenum greater than 0.001 percent must include a warning or cautionary statement that the product contains added boron or molybdenum and is to be used only according to the manufacturer’s recommendations or directions.
(5)(a) If a fertilizer, agricultural mineral or agricultural amendment product is intended to be microbiological inoculum, the label must include:
(A) A product expiration date;
(B) The number of each viable organism per milliliter for liquid products or per gram for dry products; and
(C) The identification of each viable organism expressed as genus and species, and, if applicable, strain.
(b) If a fertilizer, agricultural mineral or agricultural amendment product is derived from a microbiological process or culture but is not intended to be a microbiological inoculum, the product label must include a statement that the product is not a viable culture.
(6) A product ingredient may not be listed, claimed or guaranteed on the label or labeling without prior approval by the department. [2001 c.914 §4]
Section: Previous 633.250 633.260 633.310 633.311 633.315 633.318 633.320 633.321 633.330 633.331 633.335 633.336 633.340 633.341 633.343 NextLast modified: August 7, 2008