State Fertilizer Laws: Definitions of 30 Major Provisions

Product Registration

Renewal Date: the date and frequency a product is required to be registered. Assume it is on an annual basis unless otherwise noted.

 

Minimum Nutrient Content: the miminum nutrient percentage (e.g. N, P2O5, K2O) allowed for a product to be registered. Not all states have a minimum nutrient content.

 

Nutrient Manufacturer on Application: queries whether the state requires the manufacturer of nutrients to be listed on the registration application.

 

Registrant on Label: queries whether the state requires the registrant to be listed on the label.

 

Package Weight Limit: the threshold weight of a package of nutrients that delineates whether a package is considered a "specialty good" or a "farm good". The weight limit often determines the registration fee and how the fertilizer is taxed.

 

Farm Goods Registration Fee: the registration fee if the package is considered a "farm good" (large) package as determined by the package weight limit.

 

Specialty Package Registration Fee: the registration fee if the package is considered a "specialty good" (small) package as determined by the package weight limit.

 

Licensing

Renewal Date: the date a manufacturer/distributor must renew their license in order to continue selling fertilizer in the state.

 

Licensing Fee: the fee the licensee must pay in order to obtain a license.

 

Inspection/Tonnage Fees

Farm Fees: the amount it costs the manufacturer/distributor in $/ton, for the state to inspect the quality of the nutrients sold for farm goods (agricultural use).

 

Specialty Fees: the amount it costs the manufacturer/distributor, in $/ton, for the state to inspect the quality of nutrients sold for specialty goods (non-agricultural use).

 

Reporting Frequency: the frequency for which the manufacturer/distrubtor must report and pay the inspection/tonnage fee to the state.

 

Percent Sales Tax

Farm Goods: the sales tax imposed on the purchaser of fertilizer for farm good use. Tax is expressed as a percentage of dollar sales unless otherwise noted.

 

Specialty Goods: sales tax imposed on teh purchaser of fertilizer for specialty good use. Tax is expressed as a percentage of dollar sales unless otherwise noted. 

 

Tonnage Reports

Frequency of Reports Published: the frequency for which the states publish tonnage reports to the public.

 

Scale of Data: the spatial scale at which the state collects tonnage data (e.g. state, country, zip code).

 

UFTRS System: queries whether the state uses the universal fertilizer tonnage reporting system (UFTRS) to report tonnage sales.

 

Quality Control

AOAC Sampling/Analysis: queries whether the state follows AOAC sampling and analysis methods to determine compliance with fertilizer quality.

 

Penalty for Deficiencies: states the monetary amount of a penalty imposed upon the seller of the nutrients if a product is determined to differ in nutrient content stated on the label. States often determine the value of the primary nutrients (N, P, K) on a regular basis and then penalize the seller based on a certain mulitplier of deficiency (e.g. 2X commercial value of deficiency).

 

Stop Sale: queries if a product is stopped from being sold if it is determined to be deficient in nutrients. Often the product is no longer present to be stopped from sale. States vary in how to handle such a situation but often re-label/reformulate the product and/or credit the end-user with money for the deficient amount of nutrients.

 

AAPFCO Investigational Allowances: queries whether the state follows the Association of American Plant Food Control Officials' (AAPFCO) investigational allowances (IAs) for primary or secondary/micronutrients. An IA is the range a fertilizer's nutrient content can differ from the label and not be deemed deficient. Click here to view AAPFCO IA's, which can be found in the Official Publication of AAPFCO

 

AAPFCO Uniform Label Format: queries whether the state follows AAPFCO's uniform label format.

 

AAPFCO Terms and Definitions: queries whether the state follows AAPFCO's terms and definitions for categorization of naming nutrients.

 

Industry Statistics

Registrants/Products: quantifies the amount of registrants and products registered in the state.

 

Licensees: quanitifies the amount of licensees in the state.

 

Dry Blending Facilities: quantifies the number of dry blending facilities that are registered/licensed in the state. Often one facility will perform both dry and fluid blending operations. This can result in one facility counting as both a fluid and dry blending facility.

 

Fluid Blending Facilities: quantifies the number of fluid blending facilities that are registered/licensed in the state. Often one facility will perform both dry and fluid blending operations. This can result in one facility counting as both a fluid and dry blending facility.

 

Additional Questions

Lawn/Turn Laws: queries whether the state has restrictions on the source/placement/timeing of fertilizer applied to lawns or turf (e.g. no phosphorus can be applied on lawns).

 

Non-Nutritive Metals Standards : queries whether the state has restrictions on the types and concentrations of non-nutritive metals in fertilizer.

 

AAPFCO SUIP #25: queries whether the state follows AAPFCO's Statements of Uniform Interpretation and Policy (SUIP) #25 which sets allowable concentrations of non-nutritive metals in fertilizers. Click here to view AAPFCO SUIP #25 can be found in the Official Publication of AAPFCO



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