Current through Register Vol. 47, No. 17, September 10, 2024
The Statements of Basis, Specific Statutory Authority
and Purpose for rulemaking activity from 1971 to 1984 are no longer in the
Department's files.
9.1
October 9, 2008 - Effective November 30, 2008
STATUTORY AUTHORITY:
The Commissioner of Agriculture, Colorado Department of
Agriculture, adopts these permanent rules pursuant to the provisions and
requirements of the Colorado Commercial Fertilizer, Soil Conditioner and Plant
Amendment Act, Section
35-12-114, C. R. S.
PURPOSE:
The purpose of these Rules is to comply with the requirements
of the Colorado Commercial Fertilizer, Soil Conditioner and Plant Amendment Act
to provide specific guidelines for the manufacture, labeling, and distribution
of commercial fertilizers, soil conditioners, plant amendments, and
compost.
These rules:
- Adopt the most current version of the official terms as
published in the 2008 Official Publication of the Association of American Plant
Food Control Officials (AAPFCO).
- Establish registration dates for commercial fertilizer,
soil conditioner, and plant amendment products.
- Establish registration dates for fertilizer and compost
manufacturers.
- Establish the due date for distribution (tonnage)
reports.
- Establish minimum standards and labeling requirements for
compost.
- Establish directions for use requirements for fertilizer
products.
- Remove all references to agricultural liming materials.
These references were originally incorporated into these Rules because they are
included in the AAPFCO Model Rules and Regulations. Due to the alkaline nature
of Colorado soils, lime is not used; therefore, regulations that pertain to
these materials are not needed.
- Establish the level of concentration of certain metals that
would deem fertilizer to be adulterated.
- Establish the level of concentration of certain metals and
pathogens that would deem compost to be adulterated.
- Update sampling and laboratory analysis methods for
fertilizers and soil conditioners.
- Establish the laboratory analysis method for iron
sucrate.
- Establish sampling and laboratory analysis methods for
compost.
- Update rules and remove outdated language.
FACTUAL AND POLICY ISSUES:
The factual and policy issues encountered in the proposal of
these permanent Rules are as follows:
1. On August 6, 2008, The Colorado Commercial
Fertilizer, Soil Conditioner, and Plant Amendment Act was amended by House Bill
08-1231.
a. HB 08-1231 requires the Department
to set minimum standards for compost produced by those facilities that are not
regulated by Colorado Department of Public Health and Environment
(CDPHE).
b. The Department worked
with compost industry stakeholders, CDPHE, and Colorado State University to
develop compost minimum standards.
2. These new, revised rules are based upon
national standard (model) regulations developed by AAPFCO, an organization
comprised of state fertilizer regulatory officials. These rules promote
standardization of fertilizer industry regulation amongst the states.
3. The Department met with fertilizer
industry groups throughout the rule drafting process. The industry groups have
indicated support for these Rules.
9.2
January 13, 2009 - Effective March
2, 2009
STATUTORY AUTHORITY:
The Commissioner of Agriculture, Colorado Department of
Agriculture, adopts these permanent rules pursuant to the provisions and
requirements of the Colorado Commercial Fertilizer, Soil Conditioner and Plant
Amendment Act,
35-12-114, C.R.S.
PURPOSE:
The purpose of these rules is to add additional labeling
requirements to fertilizer and soil conditioning labeling guidelines.
FACTUAL AND POLICY ISSUES:
The factual and policy issues encountered in the proposal of
these permanent Rules are as follows:
1. Upon review of the recent amendments to
these rules, filed with the Secretary of State on October 16, 2008, the Office
of Legislative Legal Services (OLLS) requested additions to Rule 5.1 to conform
labeling requirements for fertilizer products with those in section
35-12-105(1),
C.R.S.
2. In addition to the
changes requested by OLLS, the Department will add similar language to Rule 5.4
to conform labeling requirements for soil conditioners and plant amendments to
those in section
35-12-105(3),
C.R.S.
9.3
November
13, 2012 - Effective December 30, 2012
STATUTORY AUTHORITY:
The Commissioner of Agriculture is authorized to adopt these
permanent rules pursuant to section
35-12-114, C.R.S., of the Colorado
Commercial Fertilizer, Soil Conditioner and Plant Amendment Act.
PURPOSE:
The specific purposes of these rule changes are as
follows:
1. Amend rule 2.1 to adopt
the most current version of the official terms as published in the Official
Publication of the Association of American Plant Food Control Officials
(AAPFCO) and update the rule language to reflect the most current version of
the statutory requirements for incorporating such information by
reference.
2. Add a new rule 2.2 to
define "index value."
3. Add a new
rule 2.3 to define "soil conditioner."
4. Amend rule 3.5 to remove restrictions on
the use of iron sucrate as a source.
5. Amend rule 5.2 to change the requirements
for minimum nutrient guarantees for specialty fertilizers.
6. Amend rule 5.2 to remove restrictions on
testing requirements for minor nutrients and allow the use of iron oxide and
similar sources.
7. Amend rule 6.1
to separate sampling and analytical methods for clarity and update the rule
language to reflect the most current version of the statutory requirements for
incorporating such information by reference.
8. Add a new rule 6.2 to:
a. Provide more flexibility on fertilizer
test methods and nutrient sources, and
b. Require internet posting of all official
test methods.
9. Amend
existing rule 6.2 to:
A. Provide more
flexibility on compost test methods, and
B. Require internet posting of all official
test methods.
10. Delete
existing rule 6.3 to remove the reference to section
35-14-110 C.R.S., which no longer
exists.
11. Amend rules 5.4(c),
6.3(a) and 6.3(b) for accuracy.
FACTUAL AND POLICY ISSUES:
The Department has been in contact with industry groups and
interested parties throughout the rule drafting process. All have indicated
support for the proposed changes.
The factual and policy issues encountered in the proposal of
these permanent Rules are as follows:
1. Rule 2.1 of the prior revision
incorporated terms listed in the 2008 Official Publication of AAPFCO, which is
updated annually. This revision updates the terms to the current 2012
publication. AAPFCO is an organization comprised of state fertilizer regulatory
officials that develops national models to promote standardization of
fertilizer industry regulation amongst the states.
2. "Index value" is used in existing rule 6.3
to determine whether a fertilizer is deficient. It was not previously defined,
except indirectly in 6.3 (c), which is being deleted.
3. A definition of "soil conditioner" is
required by section
35-12-103(29),
C.R.S., of the Commercial Fertilizer, Soil Conditioner, and Plant Amendment
Act. "Soil amendment" is a generally used, but less descriptive term synonymous
with "soil conditioner."
4. A
simplified regulatory approach towards fertilizer nutrient sources and
analytical testing is adopted with these revisions. The use of iron sucrate is
no longer restricted to specialty fertilizers.
5. Removing the requirements for minimum
nutrient guarantees for specialty fertilizers changes the rule to reflect the
national models developed by AAPFCO.
6. This revision simplifies the regulatory
approach for minor nutrients. Regulation will now reflect AAPFCO national
models.
7. Amended rule 6.1
clarifies the regulatory approach for sampling.
8. New rule 6.2 simplifies the regulatory
approach towards fertilizer analytical testing and nutrient sources.
a. Rule 6.1 of the prior revision required
specific test methods for minor nutrients and nutrient sources such as iron
oxide and resulted in restrictions on the use of such sources. This revision
removes the restrictions and updates test and nutrient source
requirements.
b. Transparency in
government is promoted with the requirement to post all current test methods on
the internet.
9. Amended
rule 6.3 simplifies the regulatory approach towards compost sampling and
analytical testing.
a. This change allows the
Department to respond more quickly to technological changes in analytical test
methods.
b. Transparency in
government is promoted with the new requirement to post all test methods on the
internet.
10. Deleting
previous revision rule 6.3(c):
a. Removes a
reference to section
35-12-110, C.R.S., which no longer
exists.
b. Allows for a clear
definition of "Index value" which is used in rule 6.3 to determine whether a
fertilizer is deficient. Index value was not previously defined, except
indirectly in 6.3 (c), which is being deleted.
11. Minor textual errors were identified
which are addressed in this rule revision.
9.4
April 9, 2013 - Effective January
1, 2014
STATUTORY AUTHORITY:
The Commissioner's authority for the adoption of these
permanent rule amendments is set forth in §
35-12-104(1),
§
35-12-104(7) and
§
35-1-107(5)(a),
C.R.S.
PURPOSE:
The purpose of these permanent rule amendments is to amend
Part 3.1 to change the expiration date for a fertilizer registration and amend
Part 3.2 to change the expiration date for a fertilizer manufacturing facility
registration from June 30 to December 31.
FACTUAL AND POLICY BASIS:
The factual and policy issues pertaining to the adoption of
these permanent rule amendments are as follows:
1. This change is necessary to allow the
Department to consolidate licensing functions to one time per year for all
licenses issued by the ICS Division.
2. The Department of Agriculture is moving
its licensing functions from a paper based system to an online system. To
accommodate licensee's who hold multiple licenses with the Department of
Agriculture, we are establishing a common licensing date so a licensee can
obtain all their licenses in one transaction.
9.5
Adopted November 9, 2016 -
Effective December 30, 2016
STATUTORY AUTHORITY:
The Commissioner's authority for the adoption of these
permanent rule amendments is set forth in §
35-12-104(1),
§
35-12-104(7) and
§
35-12-106(4),
C.R.S.
PURPOSE:
The purpose of these permanent rule amendments is to:
1. Amend Part 4 to clarify the reporting
requirements.
2. Change the date in
Parts 3.1, 3.2, and 3.3 to align the registration renewals with the tonnage
reporting deadline.
3. Update
formatting to be consistent with other Rules within the Department.
FACTUAL AND POLICY BASIS:
The factual and policy issues pertaining to the adoption of
these permanent rule amendments are as follows:
1. The previous version of Part 4 was not
specific to the types of data required to be reported on fertilizer
distribution.
2. Currently,
fertilizer registrants have to log into the Department's licensing system at
separate times of the year to complete the registration and reporting process.
This can be burdensome to registrants and be prone to mistakes.
3. After consulting with industry
stakeholders, the Department has proposed to synchronize all deadlines
associated with the larger registration process to make the process more
efficient for registrants.
9.6
February 8, 2017 - Effective March
30, 2017
STATUTORY AUTHORITY:
The Commissioner's authority for the adoption of these
permanent rule amendments is set forth in §
35-12-104(1),
§
35-12-104(7) and
§
35-12-106(4),
C.R.S.
PURPOSE:
The purpose of this rule-making is to incorporate the changes
that were effective December 30, 2012 which were inadvertently omitted when the
rule was further amended through rules adopted November 9, 2016 to be effective
December 30, 2016. See Part 9.3 for the specific changes.
9.7
Adopted November 8, 2017 -
Effective December 30, 2017
Statutory Authority
The Commissioner's authority for the adoption of these
permanent Rule amendments is set forth in section
35-12-114, C.R.S. of the Colorado
Commercial Fertilizer, Soil Conditioner, and Plant Amendment Act.
Purpose
The purpose of this rulemaking is to update terms,
definitions and references to match the current version of the AAPFCO; update
registration requirements; expand and update label language; and update
references to the AOAC.
Factual and Policy Issues
The Department has been in contact with industry groups and
interested parties throughout the rule drafting process. The factual and policy
issues related to the adoption of these permanent Rule amendments are as
follows:
1. Rule 2.1 and 2.2 of the
prior revision incorporated by reference the 2012 version of the Official
Publication of the Association of the American Plant Food Control Officials
(APPFCO) and did not include the rule language required by the most current
version of the statutory requirements for incorporating such information by
reference.
2. "Potting Soil";
"Planting Mix"; "Beneficial Substances or Compounds"; and "Ingredient
Statement" are official terms in the 2017 Official Publication of
AAPFCO.
3. Rule 3.5 exempts certain
products from registration and allows products to be used in a timely manner.
This Rule accounts for the constantly evolving advances in the fertilizer
industry and APPFCO's inability to publish recognition of ingredients fast
enough to keep up with the advances. This Rule change is in agreement with
stakeholder comments.
4. Rule
5.1.7.1 removes the requirement that a label specify the type of plant for
which a product is intended; this information is not a requirement in the
AAPFCO model bill or regulations. The amended Rule 5.1.7.1 allows for either a
recommended application method and rate or a statement referring the user to a
qualified individual or a nutrient management plan.
5. Rule 5.3.3 adds the terms "Coated Slow
Release," "Slow Release," "Controlled Release," and "Slowly Available Water
Soluble," which are terms consistent with the 2017 Official Publication of
AAPFCO.
6. Rule 5.4.3 removes the
requirement that percentages be included on a label. This information is
proprietary and disclosure is not required on labels. This change is in
agreement with stakeholder comments.
7. Rules 5.4.6.1 and 5.5.1.2.1 are being
deleted because they are no longer necessary. Including the intended types of
plants or soils on a label is not a requirement in the AAPFCO model bill or
regulations.
8. Rule 5.5.1.5 is not
necessary. Typical analysis of compost has been an optional label item and has
not been considered a guarantee. The removal of this Rule is in agreement with
stakeholder comments.
9. The Rule
5.6 label requirements for "Beneficial Substances or Compounds" are consistent
with the 2017 Official Publication of AAPFCO.
10. The Rule 5.7 label requirements for
"Microbes" are consistent with the 2017 Official Publication of
AAPFCO.
11. Rule 5.8 limits label
claims related to dilutions. Products that have directions for dilutions prior
to use should not have a claim that the dilution will make a certain amount of
finished product to avoid misleading advertising and claims. This is consistent
with the 2017 Official Publication of AAPFCO.
12. Rule 6.1 adopts the most current version
of the Official Methods of Analysis of The Association of Analytical
Communities (AOAC), and updates the Rule language to reflect the most current
version of the statutory requirements for incorporating such information by
reference.
13. Rule 6.4.4 is no
longer necessary because the soil conditioner and plant amendment label
requirement of disclosing the percentage of all active ingredients has been
changed with amendment of Rule 5.4.3 and the deletion of Rule 5.4.4.
9.8
Adopted October 14, 2020
- Effective December 15, 2020
Statutory Authority
The commissioner's authority for the adoption of these
permanent rule amendments is set forth in section
35-12-114, C.R.S. of the Colorado
Commercial Fertilizer, Soil Conditioner, and Plant Amendment Act.
Purpose
The purpose of this rulemaking is to update the language
required by §
24-4-103 (12.5), C.R.S., to
properly incorporate the AAPFCO Official Publication, effective January 1,
2017, by reference.
Factual and Policy Issues
Section 24-4-103 (12.5), C.R.S., requires specific language
to properly incorporate a publication by reference. This rulemaking ensures the
rules meet those statutory requirements, and updates the current address for
the Inspection and Consumer Services Division within the Department of
Agriculture, which changed in October 2018.
9.9
Adopted June 8, 2022 - Effective
July 30, 2022
Statutory Authority
The Commissioner's authority for the adoption of this
permanent Rule amendment is set forth in §
35-12-114 C.R.S. of the Colorado
Commercial Fertilizer, Soil Conditioner, and Plant Amendment Act.
Purpose
The Purpose of this rulemaking is to update the references to
the current publication of the Association of American Plant Food Control
Officials (AAPFCO), amend definitions to clarify and become consistent with the
2022 Official Publication, and to correct minor spelling errors.
Factual and Policy Basis
1. Numerous changes to the AAPFCO Official
publication have occurred since the printing of the 2017 version, which is
referenced in the rules. The change to the 2022 version is reflected throughout
the rule. Updating the rule to follow the 2022 AAPFCO Model regulations will
make our rules more consistent with other states' fertilizer, soil conditioner,
and plant amendment rules.
2. These
amendments incorporate changes as a result of the department's regulatory
efficiency review process.
3.
Delete definition 2.3 "Index value" as obsolete as these values are not used to
determine penalties and because Commercial Value regulations have been deleted
by amendment in the Fertilizer and Soil Conditioners law
35-12-110.
4. Amend definition 2.4 "Soil Conditioner" to
be consistent with that definition in the AAPFCO Official
Publication.
5. Amend Rule 2.5
"Potting Soil" and "Planting Mix" to clarify these substances are intended for
use in containers, and not in the landscape or gardens.
