TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 22

SOIL AND PLANT AMENDMENTS

22-2207.  Labeling information required. (1) Soil amendment or plant amendment labels. The following information shall be considered the label and shall appear in a readable and conspicuous form on the face or display side of any container, or on the invoice if delivered in bulk, in which soil amendments or plant amendments are offered for sale:

(a)  Net weight or volume;

(b)  Brand name;

(c)  Content or guaranteed analysis; soil amending or plant amending ingredients:

"Name of ingredient" ……… %

(identify and list all)

Total other ingredients …… %

(d)  Purpose of product;

(e)  Directions for application;

(f)  Name and mailing address of the registrant.

(g)  Other information required by rule for the type of product being registered.

(2)  No information or statement shall appear on any package, label or labeling which is false or misleading to the purchaser as to the use, analysis, type or composition of the soil amendment or plant amendment.

(3)  The director may require verification of label claims made for any soil amendment or plant amendment. If no claims are made he may require proof of usefulness and value of the soil amendment or plant amendment. For evidence of proof, the director may rely on experimental data, evaluations or advice supplied from sources such as the director of the agricultural experiment station. The verification of label claims shall be relevant to the stated uses for which the product is intended. The director may accept or reject other sources of proof as additional evidence in evaluating soil amendments and plant amendments.

(4)  Soil amending or plant amending ingredients may be listed or guaranteed on labels or labeling of soil amendments or plant amendments with the permission of the director. The director may allow a soil amending or plant amending ingredient to be listed or guaranteed on the label or labeling if satisfactory supportive data is provided to the director to substantiate the value and usefulness of the soil amending or plant amending ingredient. The director may rely on outside sources such as the director of the agricultural experiment station for assistance in evaluating the data submitted. When a soil amending or plant amending ingredient is permitted to be listed or guaranteed, it must be determinable by laboratory methods and is subject to inspection and analysis. The director may prescribe methods and procedures of inspection and analysis of the soil amending and plant amending ingredient. The director may stipulate by rule the quantities of soil amending or plant amending ingredient(s)  required in a soil amendment or plant amendment.

(5)  The director may allow labeling by volume rather than weight as provided in subsection (1)(a) of this section.

(6)  Each delivery of a customer formula mix soil amendment or a plant amendment shall contain those ingredients specified by the purchaser, and those ingredients and the amounts of each shall be shown on the statement or invoice. A record of all invoices of customer formula mixes shall be kept by the registrant for a period of one (1) year and shall be available to the department upon request.

(7)  Each delivery of a customer formula mix soil amendment or a plant amendment shall be accompanied by either a statement, invoice, delivery slip or label, containing the following information:

(a)  Net weight or volume;

(b)  The brand;

(c)  The name and address of the registrant or manufacturer, or both;

(d)  The name and address of the purchaser; and

(e)  The soil amending or plant amending ingredients and amounts.

History:

[22-2207, added 2001, ch. 250, sec. 3, p. 908.]