Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
250.366(7), (17),
(18)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
250.421 requires the director to promulgate
administrative regulations necessary to implement
KRS
250.371 through
250.451.
This administrative regulation establishes requirements for referencing slowly
released nutrients on fertilizer labels or information provided with a
fertilizer.
Section 1. A fertilizer
label shall not state or imply that certain plant nutrients contained in a
fertilizer are released slowly over a period of time, unless the nutrient or
nutrients are identified and guaranteed at a level of at least fifteen (15)
percent of the total guarantee for that nutrient or nutrients.
Section 2. Types of products with recognized
slow release properties shall be:
(1) Water
insoluble (Nitrogen products only), such as natural organics, urea form
materials, urea-formaldehyde, isobutylidene diurea, and oxamide. "AOAC
International method 945.01" shall be used to determine the water insoluble
nitrogen;
(2) Coated slow release,
such as sulfur coated urea and other encapsulated soluble fertilizers. "AOAC
International method 970.04" shall be used to confirm the coated slow release
nutrients and others whose slow release characteristics depend on particle
size;
(3) Occluded slow release, if
fertilizers or fertilizer materials are mixed with waxes, resins, or other
inert materials and formed into particles. "AOAC International method 970.04"
shall be used to confirm the occluded slow release nutrients and others whose
slow release characteristics depend on particle size; and
(4) Products containing water soluble slowly
available nitrogen, such as urea-formaldehyde products, methylenediurea (MDU),
dimethylenetriurea (DMTU), dicyanodiamide (DCD), and urea-triazone
solutions.
(5)
(a) The terms, "water insoluble," "coated
slow release," "slow release," "controlled release," "slowly available water
soluble," and "occluded slow release" shall be accepted as descriptive of these
products, if the manufacturer can show a testing program substantiating the
claim.
(b) In addition to the
requirements established in paragraph (a) of this subsection, the manufacturer
shall provide a laboratory procedure for evaluating the release characteristics
of the product or products.
Section 3. Nitrogen.
(1) If an amount of nitrogen is designated as
organic, then the water insoluble nitrogen or the slow release nitrogen
guarantee shall not be less than sixty (60) percent of the nitrogen so
designated.
(2) Coated urea shall
not be included in meeting the sixty (60) percent requirement.
Section 4. Incorporation by
Reference.
(1) The following material is
incorporated by reference:
(a) AOAC
International method 970.04 in the Official Methods of Analysis, 15th Edition
(1990); and
(b) "AOAC International
method 945.01" in the Official Methods of Analysis, 15th Edition
(1990).
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Division of Regulatory Services, University of Kentucky, 103
Regulatory Services Building, Lexington, Kentucky 40546-0275, Monday through
Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
250.421