Or. Admin. Code § 603-059-0055

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-059-0055 - Labeling Requirements

(1) Any fertilizer, agricultural mineral, agricultural amendment or lime product distributed in this state must have the following information included as part of the product label required by ORS 633.321 to 633.341. At a minimum, one of the following labeling statements:

(a) "Information regarding the contents and levels of metals in this product is available on the internet at http://www.regulatory-info-xx.com". Each registrant must substitute a unique alpha numeric identifier for "xx". This statement may be used only if the registrant establishes and maintains the internet site and the internet site meets the following criteria:

(A) There is no advertising or company-specific information on the site:

(B) There is a clearly visible, direct hyperlink to the department's internet site specified in (b) of this subsection (1); and

(C) Any other criteria adopted by the director by rule.

(b) "Information regarding the contents and levels of metals in this product is available at the Oregon Dept of Agriculture internet site: http://oda.state.or.us/fertilizer"

(c) "Information regarding the contents and levels of metals in this product is available on the internet at..." The Association of American Plant Food Control Officials' hosted website developed to provide a uniform label internet address to access product content information is to be inserted to complete the above sentence. This specific address is the only AAPFCO web address that will be allowed for this product labeling purpose.

(2) At a minimum, the following product information will be maintained by the Department on the internet:

(a) Product name including brand name;

(b) Registrant name;

(c) Guaranteed primary, secondary and micronutrients;

(d) Lime Score for lime products;

(e) Levels of arsenic, cadmium, lead, mercury, and nickel; and

(f) State registration status.

(3) Any fertilizer, agricultural mineral, agricultural amendment, or lime product sold, offered for sale, or distributed in this state must be labeled in accordance to 603-059-0055(1).

(4) Failure to label a fertilizer, agricultural mineral, agricultural amendment, or lime product pursuant to 603-059-0055(1) which is sold, offered for sale, or distributed in this state shall be considered mislabeled. Mislabeling of any fertilizer, agricultural mineral, agricultural amendment or lime product in this manner is a violation of ORS 633.366(1)(a) as a Category III violation.

(5) Registrants of products that contain live microorganism(s) as active ingredients shall provide proof of the taxonomic identity of the organism(s) to the genus and species level and provide strain when known. Microorganisms that are listed as Risk Group Level 2 by the American Biological Safety Association (ABSA) on at least 3 of 9 reporting agencies or Biosafety Level 2 as defined by the American Type Culture Collection (ATCC) shall include the following precautionary statement on the label unless the department determines that the registrant provided sufficient safety information to waive the requirement or elements specified therein: "This product contains live microorganisms and may cause adverse effects to persons with a compromised immune system. Avoid contact with eyes, mouth, and broken skin. Do not inhale product. Wear eye and skin protection when handling. Wash hands after using."

Or. Admin. Code § 603-059-0055

DOA 24-2002, f. 12-2-02, cert. ef. 1-1-03; DOA 15-2016, f. 6-30-16, cert. ef. 7/1/2016

Stat. Auth: ORS 561.190 & 633 as amended by Ch. 514 OL 2015

Stats. Implemented: ORS 633 as amended by Ch. 514 OL 2015