TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 6

COMMERCIAL FERTILIZERS

22-605.  Registration of products and storage facilities. (1) Registration of products.

(a)  Each separately identifiable fertilizer product except individual customer-formula mixes shall be registered by the person who manufactures or distributes fertilizer into or within the state of Idaho before being offered for sale, sold, or otherwise distributed into or within this state. Companies planning to mix customer-formula fertilizers shall include the statement "customer-formula mixes" or "CFM" on the registration application form. The application for registration shall be submitted to the department on forms furnished by the department and shall be accompanied by a nonrefundable fee of seventy-five dollars ($75.00) per separately identifiable fertilizer product. Upon approval by the department, a certificate of registration shall be furnished to the applicant. All registrations expire on December 31 of each year. The application shall include the following information:

(i)   The brand, grade and product name for each product;

(ii)  The name and address of the registrant; and

(iii) A current label meeting the requirements of section 22-607, Idaho Code, for each product.

(b)  A distributor is not required to register any fertilizer that is already registered under this chapter, as long as the label remains unchanged.

(c)  If an application for renewal of the product registration provided for in this section is not postmarked by January 31, a penalty of ten dollars ($10.00) per product shall be assessed and added to the original fee and shall be paid by the applicant before the renewal registration certificate is issued.

(d)  The department shall examine the fertilizer product registration application form and labels for conformance with the requirements of this chapter. If the application, information and appropriate labels are in proper form and contain all the required information, the fertilizer products shall be registered by the department and a certificate of registration shall be issued to the applicant. The department may refuse to register or cancel the registration of any fertilizer product in violation of any provision of this chapter.

(e)  In reviewing the fertilizer product registration application, the department may consider experimental data, manufacturers’ evaluations, data from agricultural experiment stations’ product review evaluations, and other authoritative sources to substantiate labeling claims. The data shall be from statistically designed and analyzed trials representative of the soil, crops, and climatic conditions found in the northwestern area of the United States.

(f)  In determining whether approval of a label statement or guarantee of an ingredient is appropriate, the department may require the submission of a written statement describing the methodology of laboratory analysis used, the source of the ingredient material, and any reference material relied on to support the label statement or guarantee of ingredient.

(g)  Any waste-derived fertilizer distributed as a single-ingredient product or blended with other fertilizer ingredients must be identified as "waste-derived fertilizer" by the registrant in the application for registration.

(h)  The registrant of a waste-derived fertilizer shall state in the application for registration the levels of nonnutritive metals including, but not limited to, arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb) and selenium (Se). The registrant shall provide a laboratory report or other documentation verifying the levels of the nonnutritive metals in the waste-derived fertilizer. The registrant shall provide a new laboratory report upon a change of any nutrient source containing waste-derived material.

(i)  Any person distributing commercial fertilizer into or within Idaho to an Idaho registrant or a tonnage-only distributor must be a registrant or a tonnage-only distributor.

(j)  If a product is found being offered for sale, sold, or otherwise distributed into or within Idaho prior to registration, the department is authorized to assess a penalty of twenty-five dollars ($25.00) on each product in addition to the annual registration fee as provided in this section.

(2)  Registration of storage facilities.

(a)  Distributors shall register each of their in-state storage facilities with the department. The application for registration shall be submitted to the department on forms furnished by the department and shall be accompanied by a nonrefundable fee of one hundred dollars ($100) per distributor. Upon approval by the department, a certificate of registration shall be furnished to the applicant. All registrations expire on December 31 of each year. The application shall include the following information:

(i)   The name and address of the registrant and location of storage facility;

(ii)  Listing of storage containers by volume, per storage facility.

(b)  If an application for renewal of the storage facility registration provided for in this section is not postmarked by January 31, a penalty of ten dollars ($10.00) per storage facility shall be assessed and added to the original fee and shall be paid by the applicant before the renewal registration certificate is issued.

(c)  The department shall be notified of the installation of any additional storage container or containers to a storage facility within thirty (30) days of installation.

(d)  If the department is not notified within thirty (30) days of the installation of any additional storage container or containers, a penalty of fifty dollars ($50.00) shall be assessed.

History:

[22-605, added 2000, ch. 295, sec. 2, p. 1015; am. 2001, ch. 147, sec. 4, p. 520; am. 2008, ch. 131, sec. 2, p. 369; am. 2022, ch. 27, sec. 2, p. 78.]