Section 2-7-1. – Title.

§ 2-7-1. Title. This chapter shall be known as the “Rhode Island Commercial Fertilizer Law”. History of Section.P.L. 1977, ch. 168, § 2.

Section 2-7-10. – Misbranding.

§ 2-7-10. Misbranding. No person shall distribute misbranded fertilizer. A commercial fertilizer is deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If it is distributed under the name of another fertilizer product; (3) If it is not labeled as required in § 2-7-5 and in accordance with […]

Section 2-7-11. – Adulteration.

§ 2-7-11. Adulteration. No person shall distribute an adulterated fertilizer product. A commercial fertilizer is deemed to be adulterated: (1) If it contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements […]

Section 2-7-12. – Publications.

§ 2-7-12. Publications. The director shall publish at least annually and in any form that the director may deem proper the results of analyses based on official samples of commercial fertilizers distributed within the state as compared with the analyses guaranteed under §§ 2-7-4 and 2-7-5. History of Section.P.L. 1977, ch. 168, § 2.

Section 2-7-13. – Rules and regulations.

§ 2-7-13. Rules and regulations. The director is authorized to prescribe and, after a public hearing following public notice, to enforce any rules and regulations relating to investigational allowances, definitions, records, and the distribution of commercial fertilizers that may be necessary to carry into effect the full intent and meaning of this chapter. History of […]

Section 2-7-14. – Short weight.

§ 2-7-14. Short weight. If any commercial fertilizer in the possession of the consumer is found by the director to be short in weight, the registrant of that commercial fertilizer shall within thirty (30) days after official notice from the director pay to the consumer a penalty equal to four (4) times the value of […]

Section 2-7-15. – Cancellation of registrations.

§ 2-7-15. Cancellation of registrations. The director is authorized and empowered to cancel the registration of any brand of commercial fertilizer or to refuse to register any brand of commercial fertilizer as provided in this chapter, upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasions or attempted evasions of […]

Section 2-7-16. – “Stop sale” orders.

§ 2-7-16. “Stop sale” orders. The director may issue and enforce a written or printed “stop sale, use, or removal” order to the owner or custodian of any lot of commercial fertilizer and to hold at a designated place when the director finds the commercial fertilizer is being offered or exposed for sale in violation […]

Section 2-7-17. – Seizure, condemnation, and sale.

§ 2-7-17. Seizure, condemnation, and sale. Any lot of commercial fertilizer not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the area in which the commercial fertilizer is located. In the event the court finds the commercial fertilizer […]

Section 2-7-18. – Violations.

§ 2-7-18. Violations. (a) If it appears from the examination of any commercial fertilizer that any of the provisions of this chapter or the rules and regulations issued under this chapter have been violated, the director shall cause notice of the violations to be given to the registrant, distributor, or possessor from whom the sample […]

Section 2-7-19. – Exchanges between manufacturers.

§ 2-7-19. Exchanges between manufacturers. Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer to manufacturers or manipulators who have registered their […]

Section 2-7-2. – Responsibility for administration.

§ 2-7-2. Responsibility for administration. This chapter is administered by the director of the department of environmental management, referred to as the “director”. History of Section.P.L. 1977, ch. 168, § 2.

Section 2-7-20. – Constitutionality.

§ 2-7-20. Constitutionality. If any clause, sentence, paragraph, or part of this chapter shall for any reason be judged invalid by any court of competent jurisdiction, the judgment shall not affect, impair, or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, or part directly involved […]

Section 2-7-21 – — 2-7-32. Repealed.

§ 2-7-21 — 2-7-32. Repealed.

Section 2-7-3. – Definitions.

§ 2-7-3. Definitions. When used in this chapter: (1) “Brand” means a term, design, or trademark used in connection with one or several grades of commercial fertilizer. (2) “Bulk fertilizer” means a commercial fertilizer distributed in non-package form. (3) “Commercial fertilizer” means any substance containing one or more recognized plant nutrient(s) that is used for […]

Section 2-7-4. – Registration.

§ 2-7-4. Registration. (a) Each brand and grade of commercial fertilizer shall be registered by the manufacturer or by that person whose name appears upon the label before being distributed in this state. The application for registration shall be submitted to the director on a form furnished by the director, and shall be accompanied by […]

Section 2-7-5. – Labels.

§ 2-7-5. Labels. (a) Any commercial fertilizer distributed in this state in containers must have on or affixed to the container a label setting forth in clearly legible and conspicuous form the net weight and the information required by § 2-7-4 (a)(5)(i), (ii) and (iii) of this chapter. (b) In case of bulk shipments, this […]

Section 2-7-6. – Tonnage reports, tonnage fees.

§ 2-7-6. Tonnage reports, tonnage fees. (a) There shall be paid to the department of environmental management for all commercial fertilizers distributed in this state a tonnage fee at the rate of fifteen cents (15¢) per ton: provided, that sales or exchanges between manufacturers are exempted. Tonnage fees of less than one dollar ($1.00) are […]

Section 2-7-7. – Inspection, sampling, analysis.

§ 2-7-7. Inspection, sampling, analysis. (a) It is the duty of the director, who may act through his or her authorized agent, to sample, inspect, make analysis of, and test commercial fertilizers distributed within this state at any time and place and to the extent the director deems necessary to determine whether commercial fertilizers are […]

Section 2-7-8. – Plant food deficiency.

§ 2-7-8. Plant food deficiency. (a) Penalty for nitrogen, available phosphoric acid or phosphorus and potash or potassium. If the analysis shows that a commercial fertilizer is deficient: (1) In one or more of its guaranteed primary plant foods (NPK) beyond the “investigational allowances” as established by regulation; or (2) If the overall index value […]