W. Va. Code R. § 61-6-4

Current through Register Vol. XLI, No. 35, August 30, 2024

Section 61-6-4 - Labeling Requirements

4.1. The label for fertilizer, soil amendment, compost, or horticultural growing medium shall include the following information:

4.1.a. The quantity statement;

4.1.b. The brand and/or grade;

4.1.c. The purpose of the product;

4.1.d. Directions for application; and

4.1.e. The name and address of the registrant.

4.2. Additional labeling for fertilizer shall include guaranteed analysis as follows; except zero (0) guarantees should not be made and shall not appear in statement except in nutrient guarantee breakdowns.

4.2.a.

Total Nitrogen (N) ......__________ %.

If chemical forms of N are claimed or required, the form shall be shown.

No implied order of the forms of nitrogen is intended.

% Ammoniacal Nitrogen

% Nitrate Nitrogen

% Water Insoluble Nitrogen

% Urea Nitrogen

% (Other recognized and determinable forms of N)

4.2.b.

Available Phosphate (P2O5).....__________%

4.2.c.

Soluble Potash (K2O)...........__________%

4.2.d.

Other nutrients, elemental basis as prescribed by subsection 5.2 of this rule...__________%

4.2.e. Sources of nutrients, when shown on the label, shall be listed below the completed guaranteed analysis statement.

4.2.f. Directions for use for fertilizer distributed to the end user:

4.2.f.1. For specialty fertilizer, minimum directions for use shall include:

4.2.f.1.a. Recommended application rate or rates in units of weight or volume per unit of area coverage (where application rates are given in volume, the label shall provide sufficient information to calculate the application rates by weight;

4.2.f.1.b. Application timing and minimum intervals to apply the product when plants can utilize nutrients; and

4.2.f.1.c. The statement "Apply Only As Directed" or a statement of similar designation.

4.2.f.2. For all other fertilizers, minimum directions for use shall include at least one of the following;

4.2.f.2.a. A statement such as:

Use in accordance with recommendations of a qualified individual or institution, such as, but not limited to, a certified crop advisor, agronomist, or university crop extension publication, or apply according to recommendations in your approved nutrient management plan; or

4.2.f.2.b. Detailed directions for a specific use.

4.3. Additional labeling for soil amendments shall include the following:

4.3.a. Soil amending ingredients;

4.3.b. "Name of ingredient".............____%, identify and list all ingredients;

4.3.c. Total Other Ingredients.........____%

4.4. Additional labeling for horticultural growing medium shall include:

4.4.a. Physical components, identify and list all components;

4.4.a.1. A listing of all physical components, whether organic or inorganic, shall be listed in order of decreasing amount by volume, if they comprise at least three per cent (3%) or more of total volume of the product;

4.4.b. Physical properties; and

4.4.c. Medium nutrient analysis.

4.5. Slowly Released Plant Nutrients.

4.5.a. No fertilizer label shall bear a statement that connotes or implies that certain plant nutrients contained in a fertilizer are released slowly over a period of time, unless the slow release components are identified and guaranteed at a level of at least 15% of the total guarantee for those nutrients.

4.5.b. Types of products with slow release properties recognized are (1) water insoluble, such as natural organics, ureaform materials, urea-formaldehyde products, isobutylidene diurea, oxamide, etc., (2) coated slow release, such as sulfur coated urea and other encapsulated soluble fertilizers, (3) occluded slow release, where fertilizers or fertilizer materials are mixed with waxes, resins, or other inert materials and formed into particles and (4) products containing water soluble nitrogen such as ureaform materials, urea-formaldehyde products, methylenediurea (MDU), dimethylenetriurea (DMTU), dicyanodiamide (DCD), etc. The terms, "water insoluble", "coated slow release", "slow release", "controlled release", "slowly available water soluble", and "occluded slow release" are accepted as descriptive of these products, provided the manufacturer can show a testing program substantiating the claim (testing under guidance of Experiment Station personnel or a recognized reputable researcher acceptable to the commissioner). A laboratory procedure, acceptable to the commissioner for evaluating the release characteristics of the products shall also be provided by the manufacturer.

W. Va. Code R. § 61-6-4