Nac: Chapter 588 - Commercial Fertilizers And Agricultural Minerals

Link to law: http://www.leg.state.nv.us/nac/NAC-588.html
Published: 2015

[Rev. 11/22/2013 9:48:36

AM--2013]



[NAC-588 Revised Date: 11-07]

CHAPTER 588 - COMMERCIAL FERTILIZERS AND

AGRICULTURAL MINERALS

588.005            Definitions.

588.007            “Phosphoric acid” interpreted.

588.010            Responsibility for tonnage fees and

reports.

588.020            Tonnage sales reports.

588.025            Tonnage fees for offer to sell,

sale or distribution of commercial fertilizers or agricultural minerals.

588.030            Computation of tonnage fees for

liquid fertilizers.

588.035            Fee for registration of brand and

grade of commercial fertilizer or agricultural mineral.

588.037            Fees for registration of seller,

distributor or deliverer of restricted-use commercial fertilizer or agricultural

mineral.

588.040            Agricultural minerals: Tolerances

for guaranteed total percentages.

588.050            Additional plant nutrients: Claims,

registration and guarantees.

588.060            Exemption by weight.

588.065            Exemption of commercial fertilizers

and agricultural minerals not used for agricultural purposes.

588.070            Exemption of nitrogen, phosphoric acid

and soluble potash in certain uses.

588.080            Custom-mixed fertilizers.

588.090            Restricted-use commercial

fertilizers or agricultural minerals: Classification.

588.100            Restricted-use commercial

fertilizers or agricultural minerals: Identification of buyer.

588.110            Restricted-use commercial

fertilizers or agricultural minerals: Availability of record of sale to

Director.

588.120            Sale or distribution of adulterated

commercial fertilizer or agricultural mineral.

588.130            Adoption by reference and revision

of “Statement of Uniform Interpretation and Policy No. 25.”.

 

 

 

      NAC 588.005  Definitions. (NRS 561.105)  As used

in this chapter, unless the context otherwise requires:

     1.  “Custom-mixed fertilizer” means a mixture

of two or more registered commercial fertilizers created at the request of a

buyer to satisfy the needs of a particular soil or crop.

     2.  “Department” means the State Department

of Agriculture.

     (Supplied in codification; A by Bd. of Agriculture, 2-20-96)

      NAC 588.007  “Phosphoric acid” interpreted. (NRS 561.105)  For

purposes of the registration and labeling of fertilizers, the Director will

interpret the term “phosphoric acid” as used in chapter 588 of NRS to have the same

meaning as the term “phosphate.”

     (Added to NAC by Bd. of Agriculture, eff. 8-9-94)

      NAC 588.010  Responsibility for tonnage fees and reports. (NRS 588.164, 588.210, 588.295)  The

registrant is responsible for tonnage fees and reports. If the registrant does

not have authority over distribution or sales of the registered brand or

brands, he shall notify the Department in writing of the person responsible for

reporting tonnages and payment of fees.

     [Dep’t of Agriculture, No. 88.01, eff. 2-4-63]

      NAC 588.020  Tonnage sales reports. (NRS 588.164, 588.210, 588.295)

     1.  A tonnage report on sales of commercial

fertilizers and agricultural minerals, together with the tonnage fee, must be

submitted quarterly on or before the 15th day of the following month (15th day

of April, July, October and January).

     2.  Reports must be made on forms supplied

by, and checks for the tonnage fee must be made payable to, the Department. A

quarterly fee in an amount of $1 or less need not be paid.

     [Dep’t of Agriculture, No. 88.02, eff. 2-4-63]—(NAC A

12-9-81)

      NAC 588.025  Tonnage fees for offer to sell, sale or distribution of

commercial fertilizers or agricultural minerals. (NRS 561.105, 588.210)

     1.  Except as otherwise provided in NRS 588.210 and 588.215 and NAC

588.030, a person who offers for sale, sells or distributes in this State

commercial fertilizers or agricultural minerals, or both, shall pay to the

Department the following fees:

     (a) For quarterly sales or distribution of

commercial fertilizers of 20 tons or more, 25 cents per ton; and

     (b) For agricultural minerals:

          (1) If sold in packages, for quarterly sales

or distribution of 20 tons or more, 25 cents per ton; and

          (2) If sold in bulk, for quarterly sales or

distribution of 100 tons or more, 5 cents per ton.

     2.  No fees are required to be paid for

quarterly sales or distribution of commercial fertilizers or agricultural

minerals in quantities smaller than those established in subsection 1.

     (Added to NAC by Bd. of Agriculture by R097-99, 12-10-99,

eff. 1-1-2000)

      NAC 588.030  Computation of tonnage fees for liquid fertilizers. (NRS 588.164, 588.210)  Tonnage

fees on liquid fertilizer are computed at the rate of 8 pounds per gallon.

     [Dep’t of Agriculture, No. 88.03, eff. 2-4-63]

      NAC 588.035  Fee for registration of brand and grade of commercial fertilizer

or agricultural mineral. (NRS 588.164, 588.170)  An

application for the registration of a brand and grade of commercial fertilizer

or agricultural mineral must be accompanied by a registration fee of $60 for

each combined registration of brand and grade.

     (Added to NAC by Dep’t of Agriculture by R082-99, 12-10-99,

eff. 1-1-2000; A by R087-05, 11-17-2005, eff. 7-1-2006)

 

      NAC 588.037  Fees for registration of seller, distributor or deliverer of

restricted-use commercial fertilizer or agricultural mineral. (NRS 561.105, 588.295)

     1.  The annual fee to register with the

Director pursuant to NRS 588.295

to sell or offer to sell at retail, or to distribute or deliver for

transportation for delivery to the consumer or user, a restricted-use

commercial fertilizer or agricultural mineral is $25.

     2.  Except as otherwise provided in NRS 588.295, the penalty fee if a

person fails to renew his previous registration on or before February 1 next

following its expiration is $25.

     (Added to NAC by Bd. of Agriculture by R035-04, eff. 11-13-2006)

      NAC 588.040  Agricultural minerals: Tolerances for guaranteed total

percentages. (NRS

588.164)  The

following tolerances are established for agricultural minerals. Whenever the

analysis shows a deficiency in any constituent of not more than 5 percent of

the guaranteed total percentage of such constituent, it is considered as

meeting the requirements of this chapter.

     [Dep’t of Agriculture, No. 88.04, eff. 2-4-63]

      NAC 588.050  Additional plant nutrients: Claims, registration and guarantees. (NRS 588.164)

     1.  Additional plant nutrients, besides the

primary nutrients, nitrogen, phosphorus and potassium, when mentioned or

claimed on the label or container, must be registered and guaranteed.

Guarantees must be made on the elemental basis. Sources of the elements

guaranteed must be shown on the application for registration. Except as

otherwise provided in subsection 3, when claims for such nutrients are made on

the label, container or application for registration, the minimum percentages

which will be accepted for registration are as follows:

 



     Element





Percentage







 





 







Calcium (Ca)





     1.00







Magnesium (Mg)





     0.50







Sulfur (S)





     1.00







Boron (B)





     0.02







Chlorine (Cl)





     0.10







Cobalt (Co)





     0.0005







Copper (Cu)





     0.05







Iron (Fe)





     0.10







Manganese (Mn)





     0.05







Molybdenum (Mo)





     0.0005







Sodium (Na)





     0.10







Zinc (Zn)





     0.05







 

     2.  Guarantees or claims for the above-listed

additional plant nutrients are the only ones which will be accepted. Proposed

labels and directions for use of the fertilizer must be furnished with the

application for registration. Warning or caution statements are required on the

label for any product which contains 0.03 percent or more of boron in a

water-soluble form or 0.001 percent or more of molybdenum. Any of the above-listed

elements which are guaranteed must appear in the order listed, immediately

following guarantees for the primary nutrients, nitrogen, phosphorus and

potassium.

     3.  The provision set forth in subsection 1,

which establishes the minimum percentages of additional plant nutrients which

will be accepted for registration of a brand and grade of commercial fertilizer

or agricultural mineral, does not apply to a commercial fertilizer or

agricultural mineral that is sold, offered for sale or distributed as a

ready-to-use or similar product, including, without limitation, a foliar

fertilizer, horticultural growing medium or hydroponic fertilizer.

     [Dep’t of Agriculture, No. 88.05, eff. 2-4-63]—(NAC A

by R242-03, 11-13-2006)

      NAC 588.060  Exemption by weight. (NRS 588.164)  Commercial

fertilizers and agricultural minerals in packages of less than 1 pound are

exempt from the provisions of this chapter.

     [Dep’t of Agriculture, No. 88.06, eff. 2-4-63]

      NAC 588.065  Exemption of commercial fertilizers and agricultural minerals not

used for agricultural purposes. (NRS 588.164, 588.215)

     1.  For the purpose of exempting commercial

fertilizers and agricultural minerals that are not used for agricultural

purposes from the license fees and reporting requirements of NRS 588.210, the Director

interprets “agricultural” as used in NRS

588.215 to include “horticultural.”

     2.  As used in this section, “horticultural”

includes, without limitation:

     (a) The cultivation of plants for ornamental or

decorative purposes; and

     (b) The maintenance of lawns or turf.

     (Added to NAC by Dep’t of Agriculture by R242-03, eff.

11-13-2006)

      NAC 588.070  Exemption of nitrogen, phosphoric acid and soluble potash in

certain uses. (NRS

588.164)  Nitrogen,

phosphoric acid and soluble potash which are used singly or in combination as a

coating over viable seed or as a component of strips, carpets or similar seed

specialties to stimulate sprouting and which constitute 1 percent or less of

the coated seed or seed specialties are not agricultural minerals or commercial

fertilizers under the provisions of chapter

588 of NRS.

     (Added to NAC by Dep’t of Agriculture, eff. 12-9-81)

      NAC 588.080  Custom-mixed fertilizers. (NRS 561.105)  A

custom-mixed fertilizer is not required to be registered with the Department,

but an analysis of the custom-mixed fertilizer must be guaranteed on the

delivery statement or the label on the container holding the fertilizer.

     (Added to NAC by Bd. of Agriculture, eff. 2-20-96)

      NAC 588.090  Restricted-use commercial fertilizers or agricultural minerals:

Classification. (NRS 588.164)  The

following commercial fertilizers or agricultural minerals, if sold, offered for

sale or distributed as single nutrients, not in combination with any other

commercial fertilizer or agricultural mineral, are classified, pursuant to NRS 588.164, as restricted-use

commercial fertilizers or agricultural minerals:

     1.  Ammonium nitrate if the nitrogen content

is 23 percent or greater.

     2.  Anhydrous ammonia.

     (Added to NAC by Dep’t of Agriculture by R242-03, eff.

11-13-2006)

      NAC 588.100  Restricted-use commercial fertilizers or agricultural minerals:

Identification of buyer. (NRS 588.164, 588.295)

     1.  A person required by NRS 588.295 to maintain a record of

the sale of restricted-use commercial fertilizers or agricultural minerals

shall include in that record a unique number that provides positive

identification of the buyer.

     2.  The unique number must be obtained from

an identification document that:

     (a) Is issued by a governmental authority; and

     (b) Includes a photograph of the buyer.

     3.  The person maintaining the record shall

visually inspect the original or a photostatic or other copy of the

identification document:

     (a) Before the first sale or delivery to a buyer;

and

     (b) If subsequent sales or deliveries are made to

that buyer, not less than annually thereafter.

     4.  As used in this section, “buyer” means

the person to whom the restricted-use commercial fertilizer or agricultural

mineral is sold or delivered.

     (Added to NAC by Dep’t of Agriculture by R242-03, eff.

11-13-2006)

      NAC 588.110  Restricted-use commercial fertilizers or agricultural minerals:

Availability of record of sale to Director. (NRS 588.164, 588.295)  A person

required by NRS 588.295 to

maintain a record of the sale of restricted-use commercial fertilizers or

agricultural minerals shall make the record available to the Director upon

request.

     (Added to NAC by Dep’t of Agriculture by R242-03, eff.

11-13-2006)

      NAC 588.120  Sale or distribution of adulterated

commercial fertilizer or agricultural mineral. (NRS 588.164)

     1.  A person shall not sell, offer for sale

or distribute a commercial fertilizer or agricultural mineral if it is

adulterated.

     2.  For the purposes of this section, and

except as otherwise provided in subsection 3, a commercial fertilizer or

agricultural mineral is adulterated if:

     (a) It contains any deleterious or harmful

substance in sufficient amount to render it injurious to beneficial plant life,

animals, humans, aquatic life, soil or water when:

          (1) It is applied in accordance with the

directions for use on the label or tag; or

          (2) Adequate warning statements or directions

for use which may be necessary to protect beneficial plant life, animals,

humans, aquatic life, soil or water are not shown on the label or tag;

     (b) Its actual composition differs from that set

forth on the label or tag; or

     (c) It contains unwanted crop seed or weed seed.

     3.  A commercial fertilizer or agricultural

mineral is not adulterated solely because it contains one or more additional

plant nutrients as set forth in NAC 588.050.

     (Added to NAC by Dep’t of Agriculture by R242-03, eff.

11-13-2006)

      NAC 588.130  Adoption by reference and revision of “Statement of Uniform

Interpretation and Policy No. 25.” (NRS 588.164)

     1.  Except as otherwise provided in

subsection 2, the Director hereby adopts by reference “Statement of Uniform

Interpretation and Policy No. 25” in the form most recently published by the

Association of American Plant Food Control Officials in its Official

Publication, unless the Director gives notice pursuant to this section that

the most recent revision is not suitable for this State.

     2.  Any reference in “Statement of Uniform

Interpretation and Policy No. 25” to “section 13(a) of the Uniform State

Fertilizer Bill” shall be deemed to be a reference to “NAC

588.120.”

     3.  If “Statement of Uniform Interpretation

and Policy No. 25” is revised, the Director will, not later than 6 months after

the date of the publication of the revision, determine, after notice and

hearing, whether the revision is suitable for this State. Not less than 30 days

after the Director makes his determination, he will:

     (a) If the Director determines the revision is

suitable, file one copy of the revision with the Secretary of State and one

copy with the State Library and Archives Administrator, and make at least one

copy available for public inspection with his regulations; or

     (b) If the Director determines that the revision is

not suitable, file one copy of the determination with the Secretary of State,

the State Library and Archives Administrator and the Legislative Counsel, and

make at least one copy available for public inspection with his regulations.

     4.  The Official Publication, which

contains “Statement of Uniform Interpretation and Policy No. 25,” is available

from the Association of American Plant Food Control Officials, P.O. Box 33508 , Raleigh, North Carolina 27636-3508, for the price of $30.

     (Added to NAC by Dep’t of Agriculture by R242-03, eff.

11-13-2006)
Read Entire Law on www.leg.state.nv.us