SUBCHAPTER 48B ‑ FERTILIZER
SECTION .0100 ‑ FERTILIZER STANDARDS
02 NCAC 48B .0101 THE FERTILIZER SECTION
The Fertilizer Section has the responsibility of inspecting
and testing fertilizers and liming materials that are used by North Carolina
consumers to ensure proper composition and labeling.
History Note: Authority G.S. 106‑660; 106‑673;
Eff. January 1, 1985;
Amended Eff. March 1, 1994.
02 NCAC 48B .0102 CHLORINE
GUARANTEE
The maximum chlorine guarantees permitted for tobacco plant
bed fertilizers shall be as follows:
(1) for fertilizers with nitrogen guarantees up to and
including six percent, one‑half of one percent chlorine;
(2) for fertilizers with a nitrogen guarantee above six
percent, one percent chlorine.
History Note: Authority G.S. 106‑673;
Eff. January 1, 1985.
02 NCAC 48B .0103 MAXIMUM CHLORINE GUARANTEE
The maximum chlorine guarantees permitted for field crop
tobacco fertilizers shall be:
(1) For fertilizer with nitrogen guarantees up to and
including four percent, a maximum chlorine guarantee of two percent is
permitted;
(2) For fertilizer with nitrogen guarantees greater
than four percent, a maximum chlorine guarantee not more than one‑half of
the respective total nitrogen guarantee is permitted.
The maximum chlorine guarantee permitted in tobacco top
dressers shall be two percent. All tobacco fertilizer shall carry a maximum
chlorine guarantee.
History Note: Authority G.S. 106‑673;
Eff. January 1, 1985.
02 NCAC 48B .0104 TOBACCO FERTILIZERS
Fertilizers manufactured or sold for tobacco must be branded
as tobacco fertilizer including tobacco plant bed fertilizer and top dressers.
History Note: Authority G.S. 106‑673;
Eff. January 1, 1985.
02 NCAC 48B .0105 PLAIN OR UNBRANDED BAGS
If fertilizer is sold in plain or unbranded bags, the grade
of the fertilizer shall be shown on the tag in the same size type as that of
the brand name and the grade shall be included either as a part of the brand
name or shall immediately precede the guaranteed analysis.
History Note: Authority G.S. 106‑673;
Eff. January 1, 1985.
02 NCAC 48B .0106 LABELING LIQUID COMMERCIAL FERTILIZERS
All tanks or other containers of liquid commercial
fertilizer for direct application to the soil shall have attached, in a manner
approved by the Commissioner of Agriculture, a label showing the following:
(1) the name and address of the person guaranteeing
registration;
(2) the brand;
(3) the grade;
(4) the guaranteed analysis in the order and form
required in 106‑660 of the General Statutes of North Carolina.
History Note: Authority G.S. 106‑673;
Eff. January 1, 1985.
02 NCAC 48B .0107 MATERIALS INFLUENCING COLOR OF
FERTILIZER
When any non‑fertilizer material is added to mixed
tobacco fertilizer which influences the color of the finished product, such
material shall be declared on the application for registration in such
identifying terms as "iron oxide", "lamp‑black",
etc., and the package shall be marked "Artificially Colored" in
conspicuous letters comparable to other lettering on the bag, the size of such
letters to be approved by the Department of Agriculture.
History Note: Authority G.S. 106‑673;
Eff. January 1, 1985.
02 NCAC 48B .0108 BORON‑FERTILIZER MIXTURES
Boron may be used in fertilizers up to but not exceeding .1
percent without making any claim or guarantee for boron, but if used in excess
of .1 percent, the amount used shall be claimed and guaranteed.
History Note: Authority G.S. 106‑673;
Eff. January 1, 1985.
02 NCAC 48B .0109 BORON INVESTIGATIONAL ALLOWANCES
The following investigational allowances shall be permitted:
Investigational Allowance
Boron Guarantee (Below
Guarantee)
Percent
Percent
Up to .019 .005
.02 to .029 .010
.03 to 10 .015
.11 to .20 .03
.21 to .30 .06
.31 to .50 .09
.51 and above .12
History Note: Authority G.S. 106‑673;
Eff.
January 1, 1985.
02 NCAC 48B .0110 BORON PENALTIES
The penalties for deficiencies of boron below the
investigational allowance shall be as follows:
(1) up to and including .03 percent boron, three
dollars ($3.00) per ton;
(2) exceeding .03 percent and including .06 percent
boron, five dollars ($5.00) per ton;
(3) exceeding .06 percent boron, ten dollars ($10.00)
per ton.
History Note: Authority G.S. 106‑673;
Eff. January 1, 1985.
02 NCAC 48B .0111 MICRO‑NUTRIENT PENALTIES
For deficiencies beyond the investigational allowance, there
shall be imposed a penalty of five dollars ($5.00) per ton for each deficient
element; however, the maximum penalty shall not exceed ten dollars ($10.00) per
ton for micro‑nutrients.
History Note: Authority G.S. 106‑673;
Eff. January 1, 1985.
02 NCAC 48B .0112 REPORT REQUIRED AND METHOD OF
REPORTING
Each manufacturer or firm having fertilizer registered in
North Carolina shall report to the Commissioner of Agriculture the tonnage of
each grade of fertilizer shipped to each destination in the state. This
information may be reported by either of the following methods:
(1) by sending to the Commissioner a copy of the
invoice or order minus price quotation, on each shipment of fertilizer in or
into this state, within 30 days after shipment is made;
(2) by submitting a monthly summary; such summary to be
submitted by the 15th of the month following summary period.
History Note: Authority G.S. 106‑673;
Eff. January 1, 1985;
Amended Eff. April 1, 1997.
02 NCAC 48B .0113 REGISTRATION OF FERTILIZER-PESTICIDE
MIXTURES
(a) Fertilizer-pesticide mixtures may be registered for
sale and use with the Plant Industry Division and Food and Drug Protection
Division provided:
(1) Both the pesticide and the fertilizer
grades are approved for use and sale in North Carolina;
(2) The mixture is approved by the Plant
Industry Division; and
(3) The directions for use are printed on the
label.
(b) Fertilizers-pesticides may be mixed for direct
application at the farmer's request without registering the mixture provided as
follows:
(1) The mixing of the pesticide with fertilizer
is not prohibited by the pesticide label and the fertilizer contains a minimum
of 20 percent primary plant nutrients, Nitrogen (N), Available Phosphate
(P2O5), and Soluble Potash (K2O).
(2) The product is delivered directly to the
point of application and not stored.
(3) The consumer shall be issued an invoice
showing the analysis of the fertilizer and the trade name of the pesticide as
well as the net content of each.
(c) Any fertilizer-pesticide mixture sold in bulk shall be
covered with a tarpaulin or other covering to prevent spillage or dusting while
in transport.
(d) Any fertilizer-pesticide mixture sold in bags shall be
in multi-wall bags which will prevent dusting, spillage, or otherwise losing
content of the bag.
(e) Nothing in this Rule shall prohibit the Board of
Agriculture from refusing to register or approve any fertilizer-pesticide
mixture or denying a farmer's request for a fertilizer-pesticide mixture for
direct application.
History Note: Authority G.S. 106‑673;
Eff. January 1, 1985;
Amended Eff. June 1, 1994.
02 NCAC 48B .0114 SPECIALTY FERTILIZER‑PESTICIDE
MIXTURES
Any specialty fertilizer containing a minimum of 20 percent
plant food may be sold in a mixture with pesticides under the following
conditions:
(1) Each formulation shall be registered as provided in
2 NCAC 48B .0113;
(2) Each formulation shall be of such pesticide and
fertilizer combination as to be in agreement with sound practice and
application in these respective fields;
(3) The products shall be labeled and intended for use
only as specialty fertilizer mixtures; i.e., for noncommercial crop use;
(4) The formulations, claims and labeling are subject
to approval by the Commissioner of Agriculture or his duly designated agent;
(5) Products shall be offered for sale in a maximum bag
size of 80 pounds, and sizes of the registrant's choice when the amount is less
than 80 pounds.
History Note: Authority G.S. 106‑673;
Eff. January 1, 1985;
Amended Eff. April 1, 1997; January 1, 1992.
02 NCAC 48B .0115 COMPLIANCE WITH LAWS
In addition to complying with the provisions of this
Section, all mixtures of fertilizer‑pesticides, landplaster‑pesticides
or fertilizer‑landplaster‑pesticides shall be registered
respectively under the two or three laws (Chapter 106, Article 56, North
Carolina Commercial Fertilizer Law; Chapter 106, Article 8A, Sale of
Agricultural Liming Materials and Landplaster; and Chapter 143, Article 52,
Pesticide Board) accordingly as the respective ingredients of the mixtures
covered by 2 NCAC 48B .0108 and 2 NCAC 48B .0113 come under the purview of
these laws, and shall comply with these laws and rules and regulations
thereunder. Example: A mixture of boron (a fertilizer) and copper‑sulfur
(insecticides), and landplaster would require registration under each of these
three laws.
History Note: Authority G.S. 106‑673;
Eff. January 1, 1985;
Amended Eff. January 1, 1992; October 1, 1987.
02 NCAC 48B .0116 LABELING OF FERTILIZER‑LANDPLASTER‑PESTICIDE
MIXTURES
The labeling required respectively by G.S. 106‑661,
106‑92.5, and 143‑443, also applies in combinations accordingly as
the components of the respective mixtures covered by this Chapter come under
the purview of each of these laws. All of the labeling of these mixtures shall
be affixed to bags, packages, or other containers in a permanent manner such as
printing on the bags or pasting or gluing printed labels on the bags. All labeling
of fertilizer‑landplaster‑pesticide mixtures shall be in such size
print as to be readily legible under usual conditions of sale and use; shall
show prominently the name of the crop or crops for which they are recommended
and shall carry directions for use which are in conformity with directions for
use which are required for the respective pesticides when these pesticides are
used separately or with inert carriers (pesticides not mixed with fertilizers
or landplaster).
History Note: Authority G.S. 106‑673;
Eff. January 1, 1985;
Amended Eff. October 1, 1987.
02 NCAC 48B .0117 BAG REQUIREMENTS
For safety in handling, all pesticide‑landplaster‑fertilizer
mixtures shall be sold in multi‑wall paper bags or other containers which
will prevent all dusting, sifting or other leakage.
History Note: Authority G.S. 106‑673;
Eff. January 1, 1985.
02 NCAC 48B .0118 LABELS
Labels for all regulated products shall be supplied
immediately upon request to ascertain their compliance with the law.
History Note: Authority G.S. 106-673;
Eff. January 1, 1985.
02 NCAC 48B .0119 DATA
Data to substantiate claims are requested when questions
arise regarding the ability of a product to perform as claimed. Data shall be
developed from tests conducted under conditions identical to or closely related
to those present in North Carolina. If such data are not available,
registration is refused.
History Note: Authority G.S. 106‑673;
Eff. January 1, 1985;
Amended Eff. April 1, 1997; June 1, 1994.
02 NCAC 48B .0120 REFUSAL OF REGISTRATION
Registration is refused on fertilizer products when the
Commissioner finds that the product will not supply needs of a plant when used
according to directions.
History Note: Authority G.S. 106‑673;
Eff. January 1, 1985;
Amended Eff. April 1, 1997.
02 NCAC 48B .0121 APPLICATION FOR REGISTRATION OF
FERTILIZERS
(a) Each application for registration of any fertilizer
shall include the:
(1) net weight;
(2) brand;
(3) grade;
(4) name and address of the person guaranteeing
registration; and
(5) sources from which nitrogen, phosphate, and
potash are derived in mixed fertilizers.
(b) Each application for registration of any fertilizer in
addition to the information contained in Paragraph (a) of this Rule, shall
include a guaranteed analysis showing the percentages of primary plant nutrients
and chlorine in the following order and form:
(1) tobacco fertilizers:
(A) total nitrogen (N) X
Percent;
[breakdown of nitrogen (N) is optional]
(B) available phosphate (P2O5) X
Percent;
(C) soluble potash (K2O) X
Percent;
(D) chlorine (maximum) X
Percent;
(2) fertilizer materials:
(A) total nitrogen (N) X
Percent;
(B) available phosphate (P2O5) X
Percent;
(C) soluble potash (K2O) X
Percent;
(3) specialty fertilizers, manures and
fortified mulch:
(A) total nitrogen (N) X
Percent;
(B) available phosphate (P2O5) X
Percent;
(C) soluble potash (K2O) X
Percent;
(4) organic fertilizers:
(A) total nitrogen (N) (see 02 NCAC 48B .0122) X
Percent;
(B) available phosphate (P2O5) X
Percent;
(C) soluble potash (K2O) X
Percent.
(c) Immediately following the guarantees for primary plant
nutrients, the following plant nutrients, if used, shall be listed on the
application and guaranteed by percentage of each in elemental form, with the
following minimum guarantees:
Element Minimum
Concentration, %
(1) calcium (Ca) 1.0000
(2) magnesium (Mg) (see 02 NCAC 48B .0132) 0.5000
(3) sulfur (S) 1.0000
(4) boron (B) 0.0200
(5) chlorine (Cl) 0.1000
(6) cobalt (Co) 0.0005
(7) copper (Cu) 0.0500
(8) iron (Fe) 0.1000
(9) manganese (Mn) (see 02 NCAC 48B .0132) 0.0500
(10) molybdenum (Mo) 0.0005
(11) nickel (Ni) 0.0010
(12) sodium (Na) 0.1000
(13) zinc (Zn) 0.0500
Sources of these elements and proof of availability shall be
provided to the Commissioner upon request.
(d) A person shall not make any guarantee or claim for a
secondary or minor plant nutrient not listed in Paragraph (c) of this Rule. "Secondary
plant nutrient" means calcium, magnesium, and sulfur. "Minor plant
nutrient" means the other elements listed in Paragraph (c) of this Rule,
commonly known as "micronutrients".
(e) A person shall express potential acidity or basicity as
equivalent pounds per ton of calcium carbonate, if acid forming or nonacid
forming potential is guaranteed.
(f) Where no determination of available phosphate for
organic phosphates is made, total phosphate shall be guaranteed, except as
provided in Paragraph (g) of this Rule.
(g) Where unacidulated mineral phosphates or basic slag is
used, both total and available phosphate, as well as degree of fineness, shall
be guaranteed.
History Note: Authority G.S. 106‑660(a); 106‑673;
Eff. January 1, 1985;
Amended Eff. January 1, 2007; June 1, 1994; January 1,
1992; December 1, 1985.
02 NCAC 48B .0122 ORGANIC FERTILIZERS
(a) A person who distributes a natural organic fertilizer
which is not a mixed fertilizer shall identify the fertilizer material by its
commonly accepted name (e.g., sewage sludge, tankage, etc.) in the
registration, labeling and sale of such fertilizer, and shall not use any other
name to identify the fertilizer material.
(b) For an organic fertilizer, at least 15 percent of the
total nitrogen must be water insoluble nitrogen.
(c) If an amount of nitrogen is specifically designated as
organic, then at least 60 percent of the nitrogen must be water insoluble or
slow‑release. Coated urea may not be included to meet the 60 percent
requirement.
History Note: Authority G.S. 106‑660(a); 106‑673;
Eff. January 1, 1985;
Amended Eff. January 1, 1992.
02 NCAC 48B.0123 LICENSE FOR GRADES NOT REQUIRING
REGISTRATION
Any person desiring to manufacture or distribute fertilizers
not required to be registered shall first secure a license from the Commissioner in the amount of
one hundred dollars ($100.00).
History Note: Filed as a Temporary Amendment Eff. July
7, 1989 for a Period of 180 Days to Expire on January 2, 1990;
Authority G.S. 106‑660(d);
Eff. January 1, 1985;
Amended Eff. January 2, 1990.
02 NCAC 48B .0124 SMALL PACKAGE GRADE NUMERALS
(a) Grade numerals on packages of less than 25 lbs. may
appear in numerals of not less than one‑quarter inch in height, except as
provided in (b) of this Rule.
(b) Where the largest letters in the brand name on a
package of less than 25 lbs. are less than one half inch in height, the grade
numerals shall be printed in numerals at least one half as large as the letter
of the brand name.
History Note: Authority G.S. 106‑673;
Eff. January 1, 1985.
02 NCAC 48B .0125 NATURAL ORGANIC FERTILIZERS
To label or claim a product as natural organic fertilizer,
it must conform to the definition found at G.S. 106‑657(14). In addition
to the physical manipulations permitted under that definition, such products
may also be physically manipulated by ashing or hydrolysis.
History Note: Authority G.S. 106‑660(a); 106‑673;
Eff. January 1, 1992.
02 NCAC 48B .0126 NATURAL INORGANIC FERTILIZERS
To claim or label a product as natural inorganic fertilizer,
it must be a mineral nutrient source that exists in or is produced by nature
and may be altered from its original state only by physical manipulation.
History Note: Authority G.S. 106‑660(a); 106‑673;
Eff. January 1, 1992.
02 NCAC 48B .0127 NATURAL FERTILIZERS
To label or claim a product to be natural fertilizer, it
must be a substance composed only of natural organic and/or natural inorganic
fertilizer materials and natural filler.
History Note: Authority G.S. 106‑660(a); 106‑673;
Eff. January 1, 1992.
02 NCAC 48B .0128 NATURAL BASED FERTILIZERS
To label or claim a product to be natural based, it must
contain at least 50 percent by weight of natural materials and contain at least
50 percent of all primary nutrients derived from natural materials.
History Note: Authority G.S. 106‑660(a); 106‑673;
Eff. January 1, 1992.
02 NCAC 48B .0129 ORGANIC BASED FERTILIZERS
To label or claim a product to be organic based, it must
contain at least 50 percent by weight of organic materials and contain at least
50 percent of all primary nutrients derived from organic materials.
History Note: Authority G.S. 106‑660(a); 106‑673;
Eff. January 1, 1992.
02 NCAC 48B .0130 USE OF "PERCENTAGE"
The term "percentage" by symbol or word, when used
on a fertilizer label shall represent only the amount of individual plant
nutrients in relation to the total product by weight.
History Note: Authority G.S. 106‑660(a); 106‑673;
Eff. January 1, 1992.
02 NCAC 48B .0131 MANIPULATED MANURES
(a) Manipulated manures may contain whatever organic
bedding or other materials needed to follow good dairy barn, feedlot, poultry
house, etc., practice in order to maintain proper sanitary conditions, to
conserve plant food elements in the excreta, and to absorb the liquid portion
without the addition of other material.
(b) If other ingredients are added, they shall be specified
on the principal label of the container. If the added ingredient exceeds the
amount of manure, it shall be the first ingredient listed on the principal
label and the words "manure," "cow manure," "sheep
manure," etc., shall be in type smaller than that used for such added
ingredient. When the packaging of a product features the picture or name of an
animal, manure of that species of animal shall comprise more than 50 percent by
weight of the material in the container. Manures containing more than 30
percent by weight acid insoluble ash (sand) shall be labeled "sheep manure
and sand," or "dried sheep manure, sand and other inert
materials," etc. Manures containing more than 50 percent by weight acid
insoluble ash shall be labeled "sand and sheep manure," or
"sand, other inert matter, and sheep manure," etc.
History Note: Authority G.S. 106‑660(a); 106‑673;
Eff. January 1, 1992.
02 NCAC 48B .0132 MAGNESIUM/MANGANESE GUARANTEES
Each application for registration of any fertilizer for
which magnesium or manganese is guaranteed shall include a guaranteed analysis
in the following form:
(1) total magnesium
water soluble
magnesium X Percent; or
(2) total manganese X
Percent
water soluble
manganese X Percent.
History Note: Authority G.S. 106‑660(a); 106‑673;
Eff. January 1, 1992.
