Ariz. Admin. Code § 3-3-804

Current through Register Vol. 30, No. 45, November 8, 2024

Section R3-3-804 - General Provisions

A. Labeling.

1. The grade numbers for primary nutrients that accompany the brand name of a commercial fertilizer shall be listed on the label in the following order: total nitrogen, available phosphate, and soluble potash. Other guaranteed nutrient values shall not be included with the grade numbers unless:

a. The guaranteed nutrient value follows the grade number;

b. The guaranteed nutrient value is immediately preceded with the name of the claimed nutrient to which it refers in the guaranteed analysis; and

c. The name printed on the label is as prominent as the numbers.

2. The materials from which claimed nutrients are derived shall be listed on the label.

3. No grade is required for fertilizer materials that claim no primary plant nutrient (i.e., 0-0-0).

4. All guaranteed nutrients, except phosphate and potash, shall be stated in terms of elements.

5. The label shall include the brand name of a fertilizer. Misleading or confusing numerals shall not be used in the brand name on the label.

6. Fertilizer material not defined in the Official Publication may be used as fertilizer material if a definition or other method of analysis and agronomic data for fertilizer material is approved by the Associate Director.

B. Claims and misleading statements.

1. Any nutrient claimed as a fertilizer material shall be accompanied by a minimum guarantee for the nutrient. An ingredient shall not be claimed as a nutrient unless a laboratory method of analysis approved by the Associate Director exists for the nutrient.

2. Scientific data supporting the claim of improved efficacy or increased productivity shall be made available for inspection to the Associate Director upon request.

3. If the name of a fertilizer material is used as part of a fertilizer brand name, such as blood, bone or fish, the guaranteed nutrients shall be derived from or supplied entirely by the named fertilizer material.

4. Fertilizer material subject to this Article and applicable laws shall not bear false or misleading statements.

C. Deficiencies.

1. The value of a nutrient deficiency in a fertilizer material shall take into account total value of all nutrients at the guaranteed level and the price of the fertilizer material at the time of sale.

2. A deficiency in an official sample of mixed fertilizer resulting from non-uniformity is not distinguishable from a deficiency due to actual plant nutrient shortage and is subject to official action.

D. All investigational allowances shall be conducted as prescribed in the Official Publication.

E. Leased fertilizer material storage containers shall be clearly labeled with the following:

1. Grade numbers;

2. Brand name, if applicable; and

3. The statement, "Leased by (Name and address of lessor) to (Name and address of lessee)."

Ariz. Admin. Code § R3-3-804

Former rule IV; Former Section R3-3-24 renumbered and amended as Section R3-3-21, new Section R3-3-24 adopted effective January 12, 1978 (Supp. 78-1). Section R3-3-804renumbered from R3-3-24 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2). New Section adopted by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.