3-261. Applicability of article The provisions of this article shall apply to any substance or mixture of substances intended to be used for promoting or stimulating the growth of plants, increasing the productiveness of plants, improving the quality of crops or producing any chemical or physical change in the soil. Except as provided in section […]
3-262. Definitions A. As used in this article the substances and mixtures of substances referred to in section 3-261 are defined as follows: 1. " Animal manures" means the excreta of domestic animals or domestic fowls when not artificially mixed with any material or materials other than those that have been used for bedding, sanitary […]
3-263. Fertilizer labeling regulation; state preemption The provisions of this article and the rules that implement this article are of statewide concern. The labeling of fertilizers and other substances regulated pursuant to this article are not subject to further regulation by a county, city, town or other political subdivision of this state.
3-264. Enforcement and administrative powers A. The associate director may refuse to license or may cancel the license of any distributor who violates any provision of this article. The director shall review the associate director’s action on request of any person adversely affected by the action. B. The director may, after an opportunity for a […]
3-265. Rules; advisory committee A. If before adopting rules pursuant to this article, the director determines that it is necessary or desirable, the director may appoint an advisory committee pursuant to section 3-106. B. Any licensee, distributor or person offering for sale or selling fertilizer materials in the state may propose a rule and such […]
3-266. Annual reports and publications; membership in professional organizations A. The director may provide for publishing at such times and in such form as the director deems proper information concerning the sale of fertilizer materials together with such data on their production and use as the director considers advisable, and a report of the monies […]
3-267. Inspections; official samples; analysis; report A. The director, who may act through an authorized agent, shall sample, inspect and make analyses of fertilizer materials distributed within the state at such time and place and to such an extent as the director deems necessary to determine whether or not such fertilizer materials are in compliance […]
3-268. Inspection fees and reports; violations; classification A. An inspection fee at the rate of twenty cents per ton shall be paid to the department on commercial fertilizers distributed in this state by any person subject to the following: 1. If more than one distributor is involved in the chain of distribution, the one who […]
3-269. Fertilizer materials trust fund A. The fertilizer materials trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. Except as provided in section 3-272, subsection B, paragraph 2, all monies collected under the provisions of this article shall be deposited in the trust fund. […]
3-271. Restrictions upon enforcing officers No person charged with the enforcement of any of the provisions of this article shall be directly or indirectly interested in the sale, manufacture or distribution of any fertilizer material.
3-272. Commercial fertilizer license; specialty fertilizers A. No person may manufacture or distribute commercial fertilizer in this state without a commercial fertilizer license from the division, except that no license shall be required of persons distributing only: 1. Commercial fertilizers to licensed manufacturers for further manufacturing. 2. Packaged commercial fertilizer in the original packages or […]
3-273. Labeling A. Any commercial fertilizer offered for sale, sold or distributed in this state in bags, barrels or other containers shall have placed on or affixed to the container in printed form either on tags affixed to the end of the package on the sewed end or directly on the package the following information: […]
3-274. Label as warranty Any label or descriptive tag attached to a lot, parcel or package of commercial fertilizer, agricultural mineral or other fertilizer material carrying a chemical analysis or claims for other values shall be deemed a warranty as to the things stated thereon by the person attaching the label or tag in favor […]
3-275. Guaranteed analysis required in licensing and labeling A. The guaranteed analysis of a commercial fertilizer shall state the represented percentages of nitrogen, available phosphate and soluble potash if claimed. The percentage of phosphate shall be expressed in terms of phosphorus pentoxide and the percentage of potash in terms of potassium oxide. B. The guaranteed […]
3-276. Deficiencies in guaranteed analysis; penalties payable to consumer A. If the analysis of any fertilizer material shows a deficiency in any constituent other than a primary plant nutrient of not more than the investigational allowance of the guaranteed total percentage of the constituent, the statement of the licensee, distributor or other person, as required […]
3-278. Materials containing unavailable plant food and undesirable substances A. No person shall sell as a commercial fertilizer or as an ingredient thereof any leather, hair, hoofs, horns, wool waste or other substances containing inert plant food material unless there is affixed to every lot, parcel or package a label stating that it contains such […]
3-279. Cease and desist order A. If the director has reasonable cause to believe from investigation that any fertilizer material is being offered or exposed for sale in violation of any of the provisions of this article, the director may serve the person a cease and desist order requiring such person, on receiving the notice, […]
3-280. Seizure, condemnation and sale of noncomplying materials Any lot of fertilizer material not in compliance with the provisions of this article shall be subject to seizure upon complaint of the director to a court of competent jurisdiction in the area in which the fertilizer material is located. If the court finds the fertilizer material […]
3-281. False or misleading statements It is unlawful to distribute a misbranded fertilizer material. A fertilizer material is misbranded if it carries any false or misleading statement upon or attached to the container, or if false or misleading statements concerning its agricultural value are made on the container or in any advertising matter accompanying or […]
3-282. Short weight If any fertilizer material in the possession of the consumer is found by the director to be short in weight, the licensee or distributor of the fertilizer material shall, within thirty days after official notice from the department, pay to the consumer a penalty equal to four times the value of the […]
