Current through Register Vol. 49, No. 9, September, 2024
Section I
Purpose. Pursuant to Ark. Code Ann. §
2-19-404. This Act shall be
administered by the Arkansas State Plant Board.
Section II
Definitions. For the
purpose of these rules, the following definitions shall apply:
1. "Name" means the specific designation
under which the individual product is offered for sale.
2. "Bulk" means in non-packaged
form.
3. "Distribute" means to
import, consign, offer for sale, sell, barter, or to otherwise supply soil
amendments to any person in this state.
4. "Distributor" means and includes any
person who imports, consigns, sells, offers for sale, barters or otherwise
supplies soil amendments in this State.
5. "Manufacturer" means any person who
produces, compounds, mixes or blends soil amendments.
6. "Label" means the display of written,
printed or graphic matter upon the immediate container of a soil
amendment.
7. "Labeling" means all
written, printed or graphic matter upon or accompanying any soil amendment, and
all advertisements, brochures, posters, television or radio announcements used
in promoting the sale of such soil amendment.
8. "Board" means the Arkansas State Plant
Board.
9. "Active Ingredient" means
the ingredient or ingredients which are claimed to have beneficial effects on
soil or crops growing on soils.
10.
"Inert Ingredient" means the ingredients which do not have any beneficial or
harmful effects on soil or crops but are present in the product.
11. "Person" means individuals, partnerships,
associations and corporations.
12.
"PERCENT or PERCENTAGE" means by weight.
13. "REGISTRANT" means any person who
registers a soil amendment under the provisions of this Act.
14. "MISBRANDED" means and shall apply if:
(a) any soil amendment bears a label that is
false or misleading in any particular,
(b) any soil amendment is distributed under
the name of another soil amendment,
(c) any material is represented as a soil
amendment or is represented as containing a soil amendment, unless the soil
amendment conforms to the definition of identity, if any, prescribed by
regulation,
(d) the percentage of
active ingredient in any soil amendment is not shown in the approved ingredient
form,
(e) the labeling on any soil
amendment is false or misleading in any particular;
15. "ADULTERATED" means and shall apply to
any soil amendment if:
(a) it contains any
deleterious or harmful agent in sufficient amount to render it injurious to
beneficial plants, animals or aquatic life when applied in accordance with the
directions for use shown on the label; or if adequate warning statements and
directions for use, which may be necessary to protect plants, animals or
aquatic life are not shown on the label,
(b) its composition falls below that which it
is purported to possess by its labeling, or
(c) it contains, noxious weed seed, harmful
insects or harmful disease organisms.
Section III
(2-19-407) Labeling Requirements
and Approval of Ingredients
A. Each
container of a soil amendment shall be labeled on the face or display side in a
readable and conspicuous form to show the following information:
1. The net weight of the contents;
2. The name of the product;
3. The guaranteed analysis, including the
name and the percentage of each active ingredient, and the percentage of inert
ingredients;
4. A statement as to
the purpose of the product;
5.
Adequate directions for use such as application rates, cultural practices and
plants to be benefitted;
6. The
name and address of the registrant.
B. Bulk lots shall be labeled by attaching a
copy of the label to the invoice which shall be furnished the
purchaser.
C. The Plant Board may
require proof of claims made for any soil amendment. If no claims are made the
Board may require proof of usefulness and value of the soil amendment. For
evidence of proof the Plant Board will rely on experimental data, evaluations
or advice supplied from such sources as the University of Arkansas Agricultural
Experiment Station and Cooperative Extension Service. All experimental results
shall be related to Arkansas conditions for which the product is intended. The
Plant Board may accept or reject other sources of proof as additional evidence
in evaluating soil amendments.
1.
Documentation Required
a. Material Safety
Data Sheet
b. Product Label that
includes all of the following:
i. Directions
for product use
ii. The
concentration of active and inert ingredients
iii. Mixing instructions
iv. Application rate
v. When and how often to apply (e.g., crop
growth stage)
vi. How to apply
(nozzle restrictions, gallons per acre, environmental conditions, etc...
)
vii. Product expiration date (if
products contain living organisms)
c. Statement of product benefit. Explain the
beneficial effects of the product on soil characteristics and plant
growth.
d. Explanation of the mode
of action by which the product benefits or enhances soil productivity,
fertilizer performance, microbial activity, plant growth, yield, or any other
claimed benefit.
e. Methods of
Determination. Provide the names of certified laboratories and published
methods for the determination of active and inert ingredients if certified
laboratories and published methods are available. If certified labs and
published analytical methods are unavailable, suitable unbiased alternative
laboratories, analytical methods, or both may be substituted with approval or
the requirement waived with suitable justification (e.g., quantification
requires only physical separation). [Certification implies 'currently
certified' in representative chemical or biological methods by a laboratory
proficiency program.]
2.
Research Requirements
a. Results from
replicated, randomized trials following scientific methods and statistically
analyzed using accepted methods.
b.
Results from research methods, statistical analysis and results credible and
rigorous enough to stand up to a scientific peer review. For example,
testimonials or demonstrations without adequate replication and statistical
interpretation are not acceptable proof of product efficacy.
c. A detailed description of research
materials and methods used to conduct each field trial, so that the exact
experiment could be repeated. Soil property and crop management details are
required.
d. Studies repeated
across space and time to examine crop/soil response across multiple soils,
climatic conditions, and production practices that are common to Arkansas and
the field environments that the product will be marketed. For example:
i. Greenhouse or growth chamber trials are
not sufficient evidence of benefit for products that are targeted for
field-grown crops.
ii. Studies
conducted with hydroponic systems and potting media are also not sufficient, as
evidence for benefits to field-grown crops.
iii. Data from studies conducted in climates
and/or geographies that are dissimilar to Arkansas are not suitable surrogates
for data that are pertinent to Arkansas soils, conditions, and crops.
e. Studies conducted in Arkansas,
on Arkansas soils and climatic conditions are preferred. Trials conducted in
states surrounding Arkansas that have similar soils, production practices, and
climatic conditions may be sufficient provided the experiments are
scientifically rigorous. The use of out-of-state information will be evaluated
on a case- by-case basis.
3. Result Interpretation
a. The results must be concisely presented,
and provide the reader/reviewer with a means of unbiased statistical
comparison.
b. The results must
directly support the product use information and claim of product benefit
printed on the label or other company advertisement. This means that product
application rates, frequencies, method of application and placement (e.g. soil,
seed, plant, etc...) and timing(s) must be supported by sufficient evidence
supporting the use recommendations.
c. The results must provide for statistically
defensible results regarding:
i. the
frequency of positive (statistically significant) agronomic responses
ii. the range of responses, and
iii. the average or median
response
4.
Research Sources. The source of research and their research credentials must be
clearly listed along with contact information (name, address, phone number, and
email). Scientists conducting the research must have expertise in soil science
and plant/crop production.
a. The Board is
required by law to consider pertinent research from "other agencies of the
state". Therefore, studies conducted by Arkansas university researchers, are
preferred.
b. Studies conducted by
scientists outside the state may be considered, provided the research
requirements explained above are met.
c. Studies conducted by private research
entities will be closely scrutinized as private research entities often obtain
personal monetary gain from conducting these studies, and their resulting
monetary gain may be predicated on whether positive results are obtained from
the use of the product.
d. Results
published in reputable, scientific, peer-reviewed journals are preferred for
all the above cases.
D. No soil-amending ingredient may be listed
or guaranteed on the labels or labeling of soil amendments without Plant Board
approval. The Plant Board may allow a soil-amending ingredient to be listed or
guaranteed on the label or labeling if satisfactory supportive data is provided
the Plant Board to substantiate the value and usefulness of the soil-amending
ingredient. When a soil-amending ingredient is permitted to be listed or
guaranteed it must be determinable by laboratory methods and is subject to
inspection and analysis. The Plant Board may prescribe methods and procedures
of inspection and analysis of the soil-amending ingredient. The Board may
stipulate, by regulation, the quantities of the soil-amending ingredient or
ingredients required in soil amendments.
Section IV
(2-19-408) Registration of
Products
Each soil amendment product shall be registered with the Plant
Board before it is distributed in this State. Application for registration
shall be submitted to the Board, on a form prepared for that purpose, showing
the information required on the label, as provided in Section 4 of this Act,
except net weight of product.
The registration fee shall be set by the Board for each
product. The applicant shall submit with the application for registration a
copy of the label and a copy of all advertisements, brochures, posters and
television and radio announcements to be used in promoting the sale of the soil
amendment.
I.
Registration Fees
- Registration fees shall be $25.00 for each soil amendment product
registered by any manufacturer, registrant or distributor. Registrations shall
expire on June 30 of the year for which such soil amendment product is
registered.
Section V
(2-19-410) Inspection Fee and Sales
Report
A. The registrant shall pay to
the Plant Board an inspection fee of thirty-seven and one-half cents ($0.375)
per ton on all products registered and sold in this State. Each registrant
shall keep adequate records of his sales, and shall file with the Board, on a
monthly basis, a signed report of the tonnage distributed by county during the
preceding month. The report and payment of the inspection fee shall be due on
or before the twentieth of the month. The Board, after a public hearing, may
change the inspection fee schedule.
B. If the report is not filed, or the report
is false in any respect or the inspection fee is not paid within the thirty
(30) day period, the Plant Board may revoke the registration. A penalty of One
Dollar ($1.00) per day is assessed for each day the payment is overdue until
paid. The inspection fee and the penalty shall constitute a debt and become the
basis for a judgment against the registrant which may be collected by the Plant
Board in any court of competent jurisdiction without prior demand.
Section VI
(2-19-412) Stop Sales, Use or
Removal Orders
The Plant Board may issue and enforce a written or printed stop
sale, use or removal order to the owner or custodian of any lot of soil
amendment, and to hold at a designated place when the Plant Board finds said
soil amendment is being offered or exposed for sale which is not registered, is
not labeled, is misbranded or is adulterated, until such time as the product or
labeling complies with this Act. The soil amendment may then be released in
writing by the Board.
Section
VII
(2-19-411) Prohibited Acts
It shall be a violation of this Act for any person:
1. To distribute a soil amendment that is not
registered with the Plant Board;
2.
To distribute a soil amendment that is not labeled;
3. To distribute a soil amendment that is
misbranded;
4. To distribute a soil
amendment that is adulterated;
5.
To fail to comply with a stop sale, use or removal order; or
6. To fail to pay the inspection
fee.
Section VIII
(2-19-405) Inspection
Authorized
The authorized agents of the Plant Board may inspect, sample,
analyze and test soil amendments distributed in this State at any time and
place, and to such extent as may be deemed necessary to determine whether such
soil amendments are in compliance with this Act. The Plant Board and its
employees or agents are authorized to enter upon public or private property
during regular working hours in order to have access to soil amendments for the
purpose of administering this Act.
Section IX
(2-19-406) Rules and
Regulations
The Plant Board is authorized to adopt such rules and
regulations as may be necessary to administer this Act, including methods of
sampling, methods of analysis, designation of ingredient forms and promulgate
definitions of identity of products.
Section X
(2-19-409) Denial or Revocation of
Registration
The Plant Board shall refuse to register any product that does
not comply with this Act and the rules and regulations promulgated under this
Act. The Plant Board is also authorized and empowered to revoke any
registration upon satisfactory evidence that the registrant or any of his
agents has used fraudulent or deceptive practices except that registration
shall not be revoked until the registrant has been given an opportunity for
hearing before the Board or its duly authorized agent.
Section XI
(2-19-403) Penalty & (2-19-413) Injunctions
(A) Any person convicted of violation of any
provision of this Act or the rules and regulations promulgated under this Act
shall be guilty of a misdemeanor.
(B) The Plant Board is hereby authorized to
apply for and the court is authorized to grant a temporary or permanent
injunction restraining any person from violating or continuing to violate any
of the provisions of this Act or any rule or regulation promulgated under this
Act, not withstanding the existence of other remedies at law. Said injunction
shall be issued without bond.
Section
XII
(2-19-414) Deposit of Monies
The Plant Board shall remit all monies received by or for it
under this Act to the State Treasurer. Upon receipt of any such remittance the
State Treasurer shall deposit the entire amount thereof in the State Treasury
and handle in the same manner as required in Section 4 of Act 106 of 1951, as
amended, by Acts 221 and 301 of 1953 and Act 356 of 1957.
Section XIII
The provisions of this Act are severable and if any part or
provision hereof shall be held void the decision of the court so holding shall
not affect or impair any of the remaining parts or provisions of this
Act.
Section XIV
It is hereby found and determined by the General Assembly of
Arkansas that the introduction on certain substances into the soil of this
State endangers the soil of Arkansas, and poses a severe threat to the health,
safety and welfare of the people of Arkansas. Therefore, an emergency is
declared to exist, and this Act being necessary for the preservation of the
public peace, health and safety, shall take effect and be in force form the
date of its approval.
ARKANSAS STATE PLANT
BOARD
SOIL AMENDMENT ENFORCEMENT
REGULATIONS
STATEMENT OF PURPOSE
Soil Amendments are valuable to Arkansas' agriculture
production once scientific research has proven them to be of benefit by
approved scientific research. Any product proven to increase production is
vital to Arkansas farmers.
The purpose of the regulation is to provide a fair and
consistent mechanism by which compliance with the Arkansas Soil Amendment Law,
and the regulations written pursuant thereto can be achieved.
DEFINITIONS
A.
Base Civil Penalty: The
midpoint of a civil penalty range. [Example: The civil penalty range for
failure to report tonnage reports is $200.00 to $400.00. The base penalty is
$300.00]
B.
Case Development
Review Panel: An internal committee of staff including:
1. The Feed/Fertilizer Division Director or
his/her designee, and
2. The Agency
Director or his/her designee. The Case Development Review Panel will carefully
review all case documentation to insure completeness and to insure that the
recommended enforcement action is appropriate.
C.
Level of Enforcement: The
category by which a violative incident is considered a first, second, third or
fourth offense.
For a violation to be considered as a second or subsequent
offense, it must be a repeat of a violation for which a previous enforcement
action has been taken by the Plant Board. The previous violation/violations
must have occurred within the past 3 years.
D.
Minor Violation: A violative
incident which does not involve human health, safety, or endanger the
environment; or other incidents of non-compliance which do not create a
competitive disadvantage for licensees in full compliance.
E.
Major Violation: A violative
incident which affects human health, safety, or the environment; or other
incidents of non-compliance which create a competitive advantage over licensees
in full compliance; or a history of repetitive violative incidents.
F.
Respondent: A person charged
with a violation of the Soil Amendment Law and the regulations written pursuant
thereto.
LEGAL AUTHORITY
"Arkansas Soil Amendment Law" A.C.A.
2-19-401 through 414 et. seq. and
Regulations.
ENFORCEMENT ACTIONS
Under the preceding Arkansas Codes, the Plant Board has several
options for enforcement action. These are:
A.
Warning Letter: For minor,
1st level of enforcement violations, the Board may
issue a warning letter. The letter will cite the specific violation. The letter
will also identify any corrective action that may be needed and notify the
respondent that further violations will result in more severe enforcement
action.
B.
Informal
Agreement: When a violation has been alleged, the respondent has the
option of an informal hearing or a board/committee hearing. The purpose of the
informal hearing is to resolve a complaint or incident. The group, staff and
respondent will seek consensus on an appropriate enforcement action for
recommendation to the Board. Enforcement action based on the Penalty Matrix
(Appendix A) may include a Civil Penalty and/or license suspension, revocation,
non-renewal, or registration cancellation. The Full Board acts on all
recommendations resulting from the informal hearing.
C.
Board/Committee Hearing: If
the respondent chooses to bypass the informal agreement process, or if an
agreement cannot be reached during the informal hearing, a hearing may be
requested before the Fertilizer & Lime Committee of the Board. Enforcement
action may include Civil Penalty and/or license suspension, revocation,
non-renewal, or registration cancellation. Following the Committee hearing, a
written Finding of Fact, Conclusion of Law, and recommendation will be
submitted to the Board. The Full Board will act on all recommendations of the
Committee and may accept the recommendation or may alter the
settlement.
D.
Suspension /
Revocation / non-renewal, or registration: The suspension, revocation,
or non-renewal of a license by the Board may be in addition to, or in
conjunction with a civil penalty fine.
E.
Injunction: The Board may
apply for an injunction to any court of competent jurisdiction for violations
of the Soil Amendment Law. The court, upon hearing and for cause, has the
option of temporary or permanent injunction restraining any person from
violating any provisions of The Arkansas Soil Amendment Law and
regulations.
F.
Referral to
Prosecuting Attorney: The Plant Board has the option of referring
violations of the Soil Amendment Law to the prosecuting attorney.
INCIDENT INVESTIGATION
An incident investigation will be initiated
when:
A. Routine compliance
monitoring indicates a violation has occurred.
B. A formal complaint that an alleged
violative incident has occurred (Filing of a written form by a complainant). In
cases of apparent immediate endangerment to health or the environment, the
written notification may be waived and the investigation of the alleged
incident will begin immediately).
The processing sequence for an incident investigation is
outlined in Figure I.
FIGURE I
Processing Sequence
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ACTIVATION OF ENFORCEMENT RESPONSE POLICY
An apparent violation of law and/or regulation must be
documented to initiate an enforcement action.
Documentation must conform to the requirements of the Feed and
Fertilizer Division. The sequence of events within the enforcement response
policy is as follows:
FIGURE II
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INTERNAL REVIEW
The Case Development Panel will carefully review all
documentation and records to determine:
A. That apparent violation / violations have
occurred.
B. Whether the apparent
violation or violations are Minor and/or Major violations.
C. The correct level of enforcement based on
the penalty matrix and the documented history of the respondent.
Concurrence with the Division's finding by the Panel must be
unanimous before further action can be taken on the case.
HEARINGS
The informal hearing panel and/or the appropriate Committee and
the Full Board will carefully review the documentation and hear cases of
alleged violations.
Should a violation be determined in this sequence; the
following factors will be considered:
A. Cooperation of the respondent.
B. Other extenuating/mitigating
circumstances.
The Committee/Board may use these factors to accelerate or
mitigate enforcement action. When a civil penalty is the preferred action, the
base penalty may be increased or decreased based on these factors. The civil
penalty will not be more or less than the range for the specific violation
listed in Appendix A unless determined by committee or board action.
The Full Board will take action to determine the final
disposition of the case.
RIGHT OF APPEAL
Any person aggrieved by any action of the Plant Board may
obtain a review thereof, by filing in circuit court within 30 days of notice of
the action, a written petition praying that the action of the Plant Board be
set aside.
APPENDIX - A
PENALTY MATRIX
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ENFORCEMENT ACTION OPTIONS
A - Warning letter
B - Informal Agreement
C - Board/Committee Hearing
D - Suspension/Revocation of Registration
E - Injunction
F - Referral to Prosecuting Attorney
