Utah Administrative Code
Topic - Agriculture and Food
Title R68 - Plant Industry
Rule R68-3 - Utah Fertilizer Rule
Section R68-3-3 - Product Registration

(a) The following are exempt from registration in Utah:

(b) Application for registration shall be made to the department upon a form prescribed and provided by the department. Each application shall include the registrant's name, address, and other contact information prescribed on the form, as well as the following information for each product:

(c) The registrant of a waste-derived fertilizer shall state in the application for registration the levels of non-nutritive metals, including arsenic, cadmium, mercury, lead and selenium. Upon request, the registrant shall provide a laboratory report or other documentation verifying the levels of the non-nutritive metals in the waste-derived fertilizer.

(d) The department may require submission of the complete formula of any fertilizer or soil amendment if it shall be considered necessary for administration of Title 4, Chapter 13, the Utah Fertilizer Act. If it appears to the department that the composition of the product warrants the proposed claims for it, and if the product and its labeling and any other information that may be required to be submitted complies with the requirements of the Act, the product shall be registered.

(e) Before registering any soil amendment, the department may require evidence to substantiate the claims made for the soil amendment and proof of the value and usefulness of the soil amendment. For evidence of proof, the department may rely on experimental data, evaluation, or advice from a source that understands the conditions for which the product is intended. Cost for research shall be the responsibility of the applicant. Final decision concerning registration of a soil amendment shall be made by the department following evaluation of evidence presented.

(f) The registrant is responsible for the accuracy and completeness of information submitted concerning application for registration of a fertilizer or soil amendment.

(g) A registration fee, determined by the department pursuant to Subsection 4-2-103(2), per product, shall be paid by the applicant annually.

(h) Each registration is renewable for a period of one year upon payment of the annual renewal fee, which shall be paid by December 31 of each year. If the renewal of a fertilizer or soil amendment registration is not received by December 31, an additional fee, determined by the department pursuant to Subsection 4-2-103(2), shall be assessed per product and added to the original registration fee and shall be paid by the applicant before the registration renewal for that fertilizer or soil amendment shall be issued.

(i) When the name of the fertilizer or soil amendment product is changed or there are changes in the product ingredients or guaranteed analysis, a new registration is required. Other labeling changes shall not require re-registration, but the registrant shall submit copies of changes to the department as soon as they are effective. A reasonable time may be permitted to dispose of properly labeled stocks of the old product.

(j) A blender shall not register each grade of fertilizer or soil amendment formulated by a consumer before mixing, but shall license the name under which the business of blending or mixing is conducted and pay an annual blender's license fee determined by the department pursuant to Subsection 4-2-103(2). A blender's license shall expire after December 31 of the year it is issued. A blender's license is renewable for a period of one year upon the payment of an annual license renewal fee. If the renewal of a fertilizer or soil amendment blender license is not received by December 31, an additional fee determined by the department pursuant to Subsection 4-2-103(2), shall be assessed to and paid by the applicant before the blender license shall be issued.