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1510.0419 LABELING AND LABELS.

Subpart 1.

Labeling and labels.

Proposed labeling and labels with directions for use of the fertilizer must be furnished with the application for registration of a fertilizer.

Subp. 2.

Foliar fertilizers.

Any product labeled or advertised for foliar fertilization must be prominently labeled either with directions for use showing only the rates and conditions for use that have been scientifically documented as benefiting crops or other intended plants, or with the following statement: "Foliar fertilization is intended as a supplement to a regular fertilization program and may not, by itself, provide all the nutrients normally required by crops or other intended plants."

Subp. 3.

Animal manures.

If ingredients are added to animal manure, the ingredients must be specified on the principal label of the container. If the added ingredient exceeds the amount of manure, it must be the first ingredient listed on the principal label and the words, "manure," "cattle manure," "sheep manure," and similar terms must be in type noticeably smaller than that used for the added ingredient. If the packaging of a product features the picture of a designated animal, manure of that species of animal must comprise more than 50 percent of the material in the container.

Subp. 4.

Labeling standards.

The descriptive terms listed in items A to G may be used on a fertilizer label or labeling only if the fertilizer conforms to the following standards.

A.

"Natural base fertilizer" is a mixed fertilizer in which more than one-half of the fertilizer material is natural and more than one-half of the sum of the guaranteed primary nutrient percentages is derived from natural fertilizers.

B.

"Natural fertilizer" is a substance composed only of natural organic or natural inorganic fertilizers and natural fillers.

C.

"Natural inorganic fertilizer" is a mineral fertilizer source that exists in or is produced by nature and may be altered from its original state only by physical manipulation.

D.

"Natural organic fertilizer" is composed of fertilizer materials derived from either plant or animal products containing one or more elements, other than carbon, hydrogen, and oxygen that are essential for plant growth. These materials may be subjected to biological degradation processes under normal conditions of aging, rainfall, sun curing, air drying, composting, rotting, enzymatic or anaerobic/aerobic bacterial action, or combination of these. These materials may not be mixed with synthetic materials or changed in any physical or chemical manner from their initial state except by manipulations such as drying, cooking, chopping, grinding, shredding, hydrolysis, or pelleting.

E.

"Organic base fertilizer" is a mixed fertilizer in which more than one-half of the fertilizer material is organic and more than one-half of the sum of the guaranteed primary nutrient percentages is derived from organic fertilizers.

F.

"Sphagnum peat moss" is a peat source from a sphagnum moss peat deposit (bog) of which an oven-dried sample would contain a minimum of 66-2/3 percent sphagnum moss fiber by weight. The fibers must be stems and leaves of sphagnum that have recognizable fibrous and cellular structure.

G.

"Stabilized nitrogen fertilizer" is a fertilizer to which a nitrogen stabilizer has been added.

Subp. 5.

Environmentally beneficial.

A claim that a product is "environmentally beneficial" or a similar claim must be accompanied by a statement of explanation of the rationale for the claim and a list of all ingredients in order to allow the consumer to determine the validity of the statement.

Subp. 6.

Safety.

Statements suggesting that a product is completely safe and nontoxic to humans, animals, or the environment are considered misbranding and must not appear on the label.

Subp. 7.

Potting soils.

If plant nutrients are mentioned in any form or manner on any label or labeling, they must be listed and guaranteed and the potting soil must be registered as a specialty fertilizer.

Subp. 8.

Organic nitrogen.

Only nitrogen derived from natural organic or synthetic organic fertilizers with slow release properties may be designated as organic.

A.

If an amount of nitrogen is designated as organic, the water insoluble nitrogen or controlled release nitrogen guarantee or any combination of the two must not be less than 60 percent of the nitrogen so designated.

B.

If a fertilizer product is designated as organic and no amount of nitrogen is specifically designated as organic, all of the nitrogen guaranteed must be derived from organic fertilizer materials and the water insoluble nitrogen or controlled release nitrogen guarantee or any combination of the two must not be less than 60 percent of the total nitrogen guarantee.

C.

Coated urea may not be included in meeting the 60 percent controlled release nitrogen requirements.

D.

If a fertilizer contains organic nitrogen derived from synthetic organic fertilizer materials and the term "organic" is used on the label or labeling, the label must bear a statement that the product contains synthetic organic nitrogen, followed by a list of the synthetic ingredients. For example: "This fertilizer contains synthetic organic nitrogen derived from ........." The statement must be printed following the derivative statement and be in type no smaller than that of the type of the derivative statement.

For example:

(1)

Green Season Organic Fertilizer 10-1-1

Total Nitrogen (N) 10%
3.6% Water Soluble Nitrogen
6.4% Water Insoluble Nitrogen
Available Phosphate (P2O5) 1%
Soluble Potash (K2O) 1%
Derived from: manure, blood meal, ureaform, and bone meal

This fertilizer contains synthetic organic nitrogen derived from ureaform.

(2)

Organic Based Plant Food 15-2-4

Total Nitrogen (N) 15%
1.5% Urea Nitrogen
1.0% Other Water Soluble Nitrogen
6.5% Slowly Available Water Soluble Nitrogen*
6.0% Water Insoluble Nitrogen
Available Phosphate (P2O5) 2%
Soluble Potash (K2O) 4%
Derived from: manure, bone meal, methylene urea, and potassium chloride
*___ Controlled release nitrogen from methylene urea

This fertilizer contains synthetic organic nitrogen derived from methylene urea.

Statutory Authority:

MS s 17.725; 18C.121

History:

19 SR 2485

Published Electronically:

July 24, 2008

Official Publication of the State of Minnesota
Revisor of Statutes