Section 633.321 - Label requirements for fertilizer, agricultural amendment, agricultural mineral and lime products; rules(1) A person may not distribute fertilizer, agricultural amendment, agricultural mineral or lime products in packaged form unless there is a printed label attached or applied to the package. A person may not distribute fertilizer, agricultural amendment, agricultural mineral or lime products in bulk unless a label in the form of a separate document physically accompanies the shipment and is furnished to the user or purchaser when each separate delivery is made, or when the last delivery from the lot is made. The label must include the following: (a) The name under which the product is registered or distributed.(b) The net weight or volume.(c) The name and mailing address of the manufacturer, distributor or registrant.(d) The product grade if primary nutrients are claimed.(e) The product density, in pounds per gallon at 68 degrees Fahrenheit, if the product is distributed as a bulk liquid.(f) A guaranteed analysis. The guaranteed analysis must immediately follow the statement, "GUARANTEED ANALYSIS." Guarantees must be based on a laboratory method of analysis approved by the State Department of Agriculture. The guaranteed analysis shall be stated on an "as is" basis at the time the fertilizer, agricultural amendment, agricultural mineral or lime product is distributed into or within this state. Primary nutrients, secondary nutrients and micronutrients that are claimed or advertised must be individually guaranteed. A guarantee of a zero percentage may not appear in the guaranteed analysis statement.(g) A derivation statement declaring the sources for all primary nutrients, secondary nutrients and micronutrients guaranteed. The statement must be listed immediately below the guaranteed analysis. Abbreviations, brand names, trademarks and trade names may not appear in the derivation statement, but may appear as part of the product name in an area of the label that is separate from the derivation statement.(h) The identity and amount of ingredients other than primary nutrients, secondary nutrients and micronutrients that are claimed or advertised. The identity and amount must be guaranteed and determinable by laboratory methods approved by the department. The source of those ingredients shall be formatted on the label as follows: ______________________________________________________________________________
ALSO CONTAINS NON-PLANT
FOOD INGREDIENT(S):
___% Humic Acids (Derived from _____)
___% Other Determinable Non-Plant
Food Ingredients
______________________________________________________________________________
(i) A unique identifier for custom mixed products.(j) An Internet address that leads to a department website that is accessible to the public and contains product-specific information. The department shall adopt rules establishing the date for label compliance and the nature of product information that must be available through the website. The information must be accessible by product name, ingredient or reportable substance and shall include, at a minimum:(A) For any product identified in an application for registration under ORS 633.362 as being waste-derived, the product name and the Standard Industrial Classification code or North American Industry Classification System code of each facility that generated the waste-derived product or any waste-derived ingredient of the product; and(B) The types and levels of metals and other substances for which a statement is required under ORS 633.362 (10) or required by department rule to be stated in the application for registration of a product.(2)(a) Primary nutrients that are claimed or advertised must be guaranteed and formatted on the label as follows: ______________________________________________________________________________
GUARANTEED ANALYSIS: |
Total Nitrogen (N) | ___% |
___% Ammoniacal Nitrogen |
___% Nitrate Nitrogen |
___% Urea Nitrogen |
___% Slowly Available Water |
Soluble Nitrogen |
___% Other Water Soluble |
Nitrogen |
___% Water Insoluble Nitrogen |
Available Phosphate (P2O5) | ___% |
Soluble Potash (K2O) | ___% |
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(b) The guarantees for the forms of nitrogen must add up to the total nitrogen guarantee and be shown by indentation. The forms of nitrogen may be listed in an order other than the order listed in this subsection.(c) Phosphorous acid (expressed as H3PO3 or PO3) cannot be claimed as a source of available phosphate.(3) The following secondary nutrients and micronutrients that are claimed or advertised must be guaranteed, be placed on the label in the same order as listed in this subsection and immediately follow the guaranteed analysis for any primary nutrients claimed. The guaranteed analysis of secondary nutrients and micronutrients must be made on the elemental basis. When a chelated, water soluble or other form of plant nutrient is claimed or advertised in addition to the elemental form of the same secondary nutrient or micronutrient, the form and percentage must be guaranteed separately and shown by indentation. Zeroes are required before decimal points for amounts that are less than one percent. Except for products identified in subsection (4) of this section, the minimum percentages that may be accepted for registration are as follows: ______________________________________________________________________________
Calcium (Ca) | 1.0000% |
Magnesium (Mg) | 0.5000% |
Sulfur (S) | 1.0000% |
Boron (B) | 0.0200% |
Chlorine (Cl) | 0.1000% |
Cobalt (Co) | 0.0005% |
Copper (Cu) | 0.0500% |
Iron (Fe) | 0.1000% |
Manganese (Mn) | 0.0500% |
Molybdenum (Mo) | 0.0005% |
Nickel (Ni) | 0.0010% |
Sodium (Na) | 0.1000% |
Zinc (Zn) | 0.0500% |
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(4) The minimum percentages set forth in subsection (3) of this section do not apply to the following as defined by department rule:(a) Guarantees for water soluble nutrients on labels for:(A) Ready to use foliar fertilizers or agricultural minerals;(B) Ready to use specialty liquid fertilizers or agricultural minerals; or(C) Products used for hydroponic or continuous liquid feed programs.(b) Guarantees for soils and horticultural growing mediums.(5) If a fertilizer, agricultural amendment, agricultural mineral or lime product has a boron concentration greater than 0.1 percent or a molybdenum concentration greater than 0.001 percent, the product label must include a warning or cautionary statement that the product contains boron or molybdenum and is to be used only according to the manufacturer's recommendations or directions.(6)(a) If a fertilizer, agricultural amendment, agricultural mineral product or lime product is intended to be microbiological inoculum, the label must include:(A) A product expiration date;(B) The number of each viable organism per milliliter for liquid products or per gram for dry products;(C) The identification of each viable organism expressed as genus and species, and, if applicable, strain;(D) Storage conditions; and(E) For products containing organisms known to be human pathogens, a precautionary statement consistent with any department rules establishing statement requirements for the organisms or establishing the text of the statement.(b) If a fertilizer, agricultural amendment or agricultural mineral product is derived from a microbiological process or culture but is not intended to be a microbiological inoculum, the product label must include a statement that the product is not a viable culture.(7) A product ingredient may not be listed, claimed or guaranteed on the label or labeling without prior approval by the department.(8) The label information requirements established in subsections (1)(d) and (f), (2), (3) and (6)(b) of this section do not apply to the label of a custom medium for commercial production if the end user is provided with a statement of formulation that lists all of the materials in the custom medium and the amount of each material.Amended by 2015 Ch. 514, § 5, eff. 1/1/2016.2001 c.914 §4; 2009 c. 97, § 2