Current through Vol. 42, No. 1, September 16, 2024
(a)
Registration and renewal.
Registrants shall register or renew fertilizer products using one of the
following methods:
(1) Registrants may
electronically register or renew the registration for fertilizer products at
the website,
www.kellysolutions.com/erenewals,
and pay any applicable fees online. Product labels, revised product labels,
efficacy data when required, and uniform product codes when available shall be
submitted during the electronic process.
(2) Registrants may register or renew the
registration for fertilizer products by submitting a registration application
or renewal application directly to the Department on a form approved by the
Department. Any applicable fees shall accompany the applications. Product
labels, revised product labels, efficacy data when required, and uniform
product codes when available shall be submitted with the applications. Product
labels, revised product labels, and efficacy data when required shall be
submitted in pdf format.
(b)
Guarantee requirements.
Other plant nutrients when mentioned in any form or manner shall be registered
and shall be guaranteed. Guarantees shall be made on the elemental basis.
Sources of the elements guaranteed and proof of availability shall be provided
to the Board upon request. Except guarantees for those water soluble nutrients
labeled for ready to use foliar fertilizer, ready to use specifically liquid
fertilizer, hydroponic, or continuous liquid feed programs and guarantees for
potting soils, the minimum percentages that shall be accepted for registration
are as follows:
(1) Calcium (Ca) - 1.0000%
(2) Magnesium (Mg) - 0.5000%
(3) Sulfur (S) - 1.0000%
(4) Boron (B) - 0.0200%
(5) Chlorine (Cl) - 0.1000%
(6) Cobalt (Co) - 0.0005%
(7) Copper (Cu) - 0.0500%
(8) Iron (Fe) - 0.1000%
(9) Manganese (Mn) - 0.0500%
(10) Molybdenum (Mo) - 0.0005%
(11) Sodium (Na) - 0.1000%
(12) Zinc (Zn) - 0.0500%
(c)
Guarantees for plant
nutrients. Only guarantees or claims for the above listed plant
nutrients recognized by AAFPCO shall be accepted. Proposed labels and
directions for the use of the fertilizer shall be furnished with the
application for registration upon request. Any of the above listed elements
that are guaranteed shall appear in the order listed and shall immediately
follow guarantees for the primary nutrients of nitrogen, phosphate, and potash.
(d)
Warning or caution
statement. A warning or caution statement may be required for any
product which contains a nutrient in water soluble form when there is evidence
that the micro-nutrient is present in excess of a guaranteed percentage that
may be harmful to certain crops or where there are unusual environmental
conditions.
(e)
Examples of
warning or caution statements:
(1)
Directions: Apply this fertilizer at a maximum rate of (number of pounds) per
acre for (name of crop).
(2)
CAUTION: Do not use on other crops. The (name of micro-nutrient) may cause
injury to them.
(3) CAUTION: Apply
this fertilizer at a maximum rate of (number of pounds) per acre for (name of
crop). Do not use on other crops; the (name of micro-nutrient) may cause
serious injury to them.
(4)
WARNING: This fertilizer carries added (name of micro-nutrient) and is intended
for use only on (name of crop). Its use on any other crops or under conditions
other than those recommended may result in serious injury to the crops.
(5) CAUTION: This fertilizer is to
be used only on soil which responds to (name of micro-nutrient). Crops high in
(micro-nutrient) are toxic to grazing animals (ruminants).
(6) CAUTION: (Name of micro-nutrient) is
recommended for all crops where (name of micro-nutrient) may be deficient;
however, excessive application to susceptible crops may cause damage.
(f)
Fertilizer
labels. The following information, in the format presented in Appendix A
of this Chapter, is the minimum required for all fertilizer labels. For
packaged products, this information shall either (1) appear on the front or
back of the package, (2) occupy at least the upper-third of a side of the
package, or (3) be printed on a tag and attached to the package. This
information shall be in a readable and conspicuous form. For bulk products,
this same information in written or printed form shall accompany delivery and
be supplied to the purchaser at time of delivery.
(1) Net weight
(2) Brand
(3) Grade
(4) Guaranteed Analysis
(5) Sources of nutrients shall be listed
below the completed guaranteed analysis statement.
(6) Name and address of registrant or
licensee.
(7) Directions for use
for fertilizer to the end user shall follow the guidelines established by the
Association of American Plant Food Control Officials.
(g)
Plant nutrients. When a
plant nutrient is broken down into the component forms, the percentage for each
component shall be shown before the name of the form as illustrated in Appendix
B of this Chapter. (Possible insert)
(h)
Slowly released plant
nutrients.
(1) No fertilizer label
shall bear a statement that implies that certain plant nutrients contained in a
fertilizer are released slowly over a period of time, unless the slow release
components are identified and guaranteed at a level of at least 15% of the
total guarantee for that nutrient.
(2) Types of products with slow release
properties recognized are (1) water insoluble, such as natural organics,
ureaform materials, urea-formaldehyde products, isobutylidene diurea, oxamide,
etc., (2) coated slow release, such as sulfur coated urea and other
encapsulated soluble fertilizer, (3) occluded slow release, where fertilizer or
fertilizer materials are mixed with waxes, resins, or other inert materials an
formed into particles and (4) products containing water soluble nitrogen such
as ureaform materials, urea formaldehyde products, methylenediurea (MDU),
dimethylenetriurea (DMTU), dicyanodiamide (DCD), etc. The terms "water
insoluble", coated slow release", "slow release", "controlled release", "slowly
available water soluble", and "occluded slow release" are accepted as
descriptive of these products, provided the manufacturer can show a testing
program substantiating the claim (testing under guidance of Experiment Station
personnel or a recognized reputable researcher acceptable to the Board.) A
laboratory procedure, acceptable to the Board for evaluating the release
characteristics of the product(s) shall also be provided by the manufacturer.
(3) Until more appropriate methods
are developed, AOAC International Method 970.04 (15th Edition) is to be used to
confirm the coated slow release and occluded slow release nutrients and others
whose slow release characteristics depend on particle size. AOAC International
Method 945.01 (15th Edition) shall be used to determine the water insoluble
nitrogen of organic materials.
(i)
Definitions. Except as the
Board designates in specific cases, the names and definitions for commercial
fertilizer shall be those adopted by the Association of American Plant Food
Control Officials.
(j)
Percentages. The term of "percentage" by symbol or word, when used
on a fertilizer label shall represent only the amount of individual plant
nutrients in relation to the total product by weight.
(k)
Penalties. When the combined
commercial value for total nitrogen, available phosphoric acid or phosphate
P2O5, and soluble potash is found to be 4% or more deficient from the
guarantee, or when any one of the above is found to be 10% deficient from the
guarantee, the penalty assessed the manufacturer, or custom blender shall be
twice the commercial value of the nutrient deficiency. Penalties shall be
assessed in accordance with the AAPFCO formula: a 4% penalty is calculated at
twice the value of the deficiency times total tons (i.e., 5 tons of 34-0-0
found to be 30.97-0-0 is 2 x $12.12 x 5); a 10% penalty is calculated at twice
the units deficient times the value per unit times total tons (i.e., 5 tons of
27-13-13 found to be 23.26-13-13 is 2 x 3.76 x commercial value x 5). When a
fertilizer is subject to a penalty payment under both 4% and 10%, the larger
penalty shall be assessed.
(1) A deficiency
in an official sample of mixed fertilizer resulting from non-uniformity is not
distinguishable from a deficiency due to actual plant nutrient shortage and is
properly subject of official action.
(2) The commercial values of fertilizer shall
be established by the Board for calculating penalties.
(3) Penalty assessment refunds shall be
documented by receipts signed by the consumer acknowledging the refund or
credit, and shall be furnished to the Board within forty-five (45) days after
receiving notice of the penalty assessed. If the consumer(s) cannot be found,
the penalty (or amount not refunded) shall be paid to the Board within
forty-five (45) days after receiving notice of the penalty assessed.
(l)
Organic nitrogen.
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 60% of
the nitrogen so designated. Coated urea shall not be included in meeting the
60% requirement.
(m)
Discharges. For the purpose of protecting surface and groundwater,
any discharge of two hundred (200) pounds of dry or fifty-five (55) gallons or
more of liquid fertilizer shall be reported (telephone or fax) to the Board or
its authorized agent within 24 hours if discharged outside the loading,
transfer or application area.
(n)
Accidental discharge response plan for dry, liquid, and anhydrous
ammonia. The operator of a commercial storage facility shall prepare a
written "Discharge response plan" for the storage facility. The plan shall
include:
(1) The identity and telephone
number of the persons or agencies who are to be contacted in the event of a
discharge, including persons responsible for the stored fertilizer; and,
(2) For each bulk fertilizer
stored at the facility, a complete copy of the storage container labeling
required by these rules and the labeling required under Oklahoma Fertilizer Law
to accompany sale of the fertilizer; and,
(3) An identification, by location, of every
storage container located at the storage facility, and the type of bulk
fertilizer stored in each storage container; and,
(4) For each type of bulk fertilizer stored
at the facility, the procedures to be used in controlling and recovering, or
otherwise responding to a discharge; and,
(5) Procedures to be followed in using or
disposing of a recovered discharge.
(o)
Availability. A copy of the
discharge response plan shall be kept readily available at the storage facility
and at the nearest local office from which the storage facility is
administered.
(p)
Community
awareness. The operator of a commercial storage facility shall inform
the local fire and police departments, and the appropriate state environmental
agency, of the existence of the plan and shall provide a current copy of the
plan to the local fire and police departments and the appropriate state
environmental agency.
Added at 17 Ok Reg
2857, eff 7-13-00; Amended at 22 Ok Reg 569, eff
4-11-05
