5E-1.0201. Substitute Labeling

Fertilizer labels presented to the department to substitute for labeling originally accompanying delivery of a sampled lot may be accepted provided:

(1) Such labels and pertinent documents are submitted to the department within 21 days of the date of issuance of the fertilizer analysis report and a review of those documents confirms that a labeling error has occurred. Pertinent documents may include the customer order, batch sheets, delivery tickets, invoices, analysis tags and registrations. Provided further that the affected consumer agrees in writing to accept the proposed substitute labels within 15 days of date of notice by the department. In the event the consumer fails to accept the substitute labels as provided herein, the official fertilizer analysis report shall be based upon the original labels as furnished to the consumer with the delivery.

(2) If one or more consumers who have shared in the purchase of a lot of fertilizer declines to accept substitute labeling, or part of a lot of fertilizer has been sold to purchasers not identified, the department may issue two fertilizer analysis reports. Each report will represent proportionate amounts of the lot based on the original and substitute labeling. The original official sample shall be the basis for both fertilizer analysis reports.

(3) When a corrected fertilizer analysis report does not require additional analyses to be reported, the date of the report shall be the same as the date of the original report. When acceptance of substitute labeling requires additional analyses to be reported, the date of the fertilizer analysis report shall be the date of completion of the additional analyses.

(4) This rule shall be reviewed annually.

Rulemaking Authority 576.181(2), 570.07(23) FS. Law Implemented 576.181(2) FS. History–New 10-25-98.