Calcium (Ca) 1.0000
Magnesium (Mg) 0.5000
Sulfur (S) 1.0000
Boron (B) 0.0200
Chlorine (Cl) 0.1000
Cobalt (Co) 0.0005
Copper (Cu) 0.0500
Iron (Fe) 0.1000
Manganese (Mn) 0.0500
Molybdenum (Mo) 0.0005
Nickel (Ni) 0.0010
Sodium (Na) 0.1000
Zinc (Zn) 0.0500
Guarantees or claims for the plant nutrients listed in Table 1
are the only ones that will be accepted. Each proposed label
and directions for the use of the fertilizer shall be furnished
with the application for registration upon request. Any of the
elements listed in Table 1 that are guaranteed shall appear in
the order listed immediately following guarantees for the
primary nutrients of nitrogen, phosphate, and potash.
C. Slowly released plant nutrients.
1. No fertilizer label shall bear a statement that implies that certain plan nutrients contained in a fertilizer are released slowly over a period of time, unless each slow release component is identified and guaranteed at a level of at least 15% of the total guarantee for that nutrient.
2. Types of products with slow release properties recognized are:
a. water insoluble, such as natural organics, ureaform materials, urea-formaledhyde products, isobutylidene diurea oxamine;
b. coated slow release, such as sulfur coated urea and other encapsulated soluble fertilizers;
c. occluded slow release where fertilizers or fertilizer materials are mixed with waxes, resins, or other inert materials and formed into particles; and
d. products containing water soluble nitrogen, such as ureaform materials, urea-formaldehyde products, methylene urea (MDU), dimethylentriurea (DMTU), dicyanodiamide (DCD).
3. The terms, such as "water insoluble," "coated slow release," "slow release," "controlled release," "slowly available water soluble," and "occluded slow release" are accepted as descriptive of these products.
4. The department may require evidence and an acceptable testing procedure to substantiate each claim.
D. Pesticide may be added to registered fertilizer or soil amendment, provided:
1. the fertilizer, soil amendment, and pesticide is registered; and
2. each fertilizer or soil amendment pesticide mixture shall have a label showing the information required in this rule and in Section 4-14-104.
E. Format exemptions. The department may exempt a fertilizer from any guaranteed analysis format requirement under Section 4-13-104 if the person requesting the exemption demonstrates the following to the department's satisfaction:
1. another state that has authorized sale of the fertilizer has a conflicting statute or regulation;
2. the format exemption will reconcile the conflict under Section 4-13-104;
3. the format exemption will not affect, to the detriment of purchasers in this state, any claim or disclosure related to product performance, use, purpose, efficacy, or active ingredients;
4. the format exemption will not cause the product label to be false, deceptive, or misleading in any respect;
5. the format required by the other state satisfies the objectives of Section 4-13-104; or
6. the format required by the other state does not violate applicable labeling requirements, if any, under Section 4-13-104.
R68-3-4. Deficiencies of Ingredients.
A fertilizer shall be deemed deficient if the analysis of any nutrient is below the guarantee by an amount exceeding the values in the Association of American Plant Food Control Officials (AAPFCO) Investigational Allowance Tables, 2019 version, which are hereby incorporated by reference, or if the overall index value of the fertilizer is below 98%.
R68-3-5. Unlawful Acts.
A. Any person who has committed any act in violation of Title 4, Chapter 13, the Utah Fertilizer Act or rules promulgated thereunder, is subject to penalties provided for in Subsection 4-2-304(1)(a). Unlawful acts include that the person:
1. made a false or fraudulent claim through any media misrepresenting the effect of fertilizer or soil amendment offered for sale in Utah;
2. neglected or, after notice, refused to comply with the provisions of the Act, these rules, or any lawful order of the department;
3. made false or fraudulent records, invoices, or reports;
4. used fraud or misrepresentation in making application for, or renewal of, a registration or license;
5. distributed fertilizer or soil amendment that contains seeds or other viable plant parts or noxious weeds;
6. distributed any waste-derived fertilizer that was not identified in the registration application; or
7. did not store fertilizer and soil amendment in a manner that minimizes the release of fertilizer and soil amendment and protects the environment.
B. Biosolids, and compost products, separately or in any combination, shall be adulterated when they exceed the levels of metals permitted by the United States Environmental Protection Agency (EPA) regulations under 40 CFR Part 503.
C. Dried biosolids and manure, as well as manipulated manure products, either separately or in combination, shall also be deemed adulterated when they exceed the levels of metals permitted under 40 CFR Part 503.
D. Hazardous waste derived fertilizer, as defined by the EPA, shall be adulterated when it exceeds the level of metals permitted by EPA regulations under 40 CFR Parts 261, 266, and 268.
KEY: fertilizers
Date of Enactment or Last Substantive Amendment: November 16, 2020
Notice of Continuation: October 15, 2019
