The purpose of this rulemaking is to provide notice of the form (FDACS-13409 Rev. 10/13) incorporated by reference in the rule, update the assays and fees for commercial fertilizer testing, establish certain investigational allowances for fertilizer ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Environmental Services

RULE NOS.:RULE TITLES:

5E-1.024Commercial Fertilizer Tests

5E-1.027Investigational Allowances

5E-1.028Matching Criteria

PURPOSE AND EFFECT: The purpose of this rulemaking is to provide notice of the form (FDACS-13409 Rev. 10/13) incorporated by reference in the rule, update the assays and fees for commercial fertilizer testing, establish certain investigational allowances for fertilizer deficiencies in rule and a date by which such allowances are effective and other allowances are repealed, and establish matching criteria for referee fertilizer analysis in rule in accordance with Chapter 2013-226, s. 14, 15 and 16, Laws of Florida amending Sections 576.051, 576.061 and 576.181, Florida Statutes. The effect of this rulemaking will be to provide notice of the form incorporated by reference in the rule and bring the form into compliance with Section 120.55(1)(a)4., Florida Statutes, to revise assays and fees to match those in the new Laboratory Information Management System, to establish certain investigational allowances for fertilizer deficiencies in rule including the revisions recently made by the Association of American Plant Food Control Officials (AAPFCO) for higher percent available phosphate and soluble potash guarantees and establish the date by which such allowances are effective and other allowances are repealed, and establish matching criteria for referee fertilizer analysis determinations in rule that provide for more statistically defensible determinations for low nutrient guarantees in accordance with Chapter 2013-226, s. 14, 15 and 16, Laws of Florida amending Sections 576.051, 576.061 and 576.181, Florida Statutes.

SUMMARY: This rulemaking is to provide notice of a form, update assays and fees for commercial fertilizer tests, establish certain investigational allowances for fertilizer deficiencies in rule that were previously in Chapter 576 FS and a date by which such allowances are effective and establish matching criteria for referee fertilizer analysis in rule that were previously defined in Chapter 576, F.S.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact of potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon its experience with adoption of rules of this nature. Additionally, no interested party submitted information regarding the economic impact.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 576.051, 576.061, 576.181 FS.

LAW IMPLEMENTED: 576.051, 576.061, 576.181 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Patricia Lucas, Bureau Chief, Bureau of Agricultural Environmental Laboratories, 3125 Conner Boulevard, Building 7, Tallahassee, FL 32399-1650, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5E-1.024 Commercial Fertilizer Tests.

(1) The department will perform, upon request, laboratory assays of fertilizers when the Division of Agricultural Environmental Services determines the requested assay will not interfere with the prescribed duties of the department. Fertilizers submitted for analyses shall be accompanied by a completed form entitled, “Florida Commercial Fertilizer Collection Form (FDACS-13409, Rev. 10/13), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-03361. Requested assays will be completed upon payment of the charges listed below:

(2) Assay	Fee
(a) Total Nitrogen	50.00
(b) Nitrate Nitrogen (short preparation)	10.00
(c) Nitrate Nitrogen (long preparation)	34.00
(c)(d) Ammoniacal Nitrogen (short preparation)	10.00
(e) Ammoniacal Nitrogen (long preparation)	34.00
(d)(f) Water Soluble Nitrogen Urea (short preparation)	10.00
(g) Urea (long preparation)	34.00
(h) Water Soluble Nitrogen (short preparation)	10.00
(i) Water Soluble Nitrogen (long preparation)	34.00
(e)(j) Water Insoluble Nitrogen	34.00
(k) Controlled Release Nitrogen	155.00
(l) Other Controlled Release Products	155.00
(f)(m) Available Phosphorus (P2O5)	40.00
(g) Total Phosphorus (P2O5)	45.00
(h)(n) Soluble Potassium	34.00
(i)(o) Chlorine	34.00
(j)(p) Total Magnesium	34.00
(k)(q) Water Soluble Magnesium	34.00
(l)(r) Total Manganese	44.00
(m)(s) Soluble Manganese	25.00
(n)(t) Chelated Manganese	34.00
(o)(u) Total Copper	44.00
(p)(v) Soluble Copper	25.00
(q)(w) Chelated Copper	34.00
(r)(x) Total Iron	44.00
(s)(y) Soluble Iron	25.00
(t)(z) Chelated Iron	34.00
(u)(aa) Total Zinc	44.00
(v)(bb) Soluble Zinc	25.00
(w)(cc) Chelated Zinc	34.00
(x)(dd) Aluminum	44.00
(y)(ee) Boron	34.00
(z)(ff) Calcium	44.00
(aa)(gg) Cobalt	44.00
(bb)(hh) Molybdenum	44.00
(cc)(ii) Sulfur (combined)	50.00
(dd)(jj) Sulfur (free)	75.00
(ee) Non-Nutritive Metals (Pass/Fail Florida Standard)	50.00
(ff) Non-Nutritive Metals (Reported in ppm)	100.00
(gg) Moisture	25.00
(hh)(kk) Calcium Carbonate	50.00
(ii)(ll) Calcium Sulfate	50.00
(jj)(mm) Magnesium Carbonate	50.00

Rulemaking Authority 576.051, 576.061, 576.181 FS. Law Implemented 576.051(2), 576.061, 576.181 FS. History–New 10-25-98, Amended__________.

 

5E-1.027 Investigational Allowances.

(1) Effective July 1, 2014, investigational allowances are set as follows:

a. Primary plant nutrients; investigational allowances. –

Guaranteed Percent	Total Nitrogen Percent	Available Phosphate Percent (P2O5)	Soluble Potash Percent (K2O)
04 or less	0.49	0.67	0.41
05	0.51	0.67	0.43
06	0.52	0.67	0.47
07	0.54	0.68	0.53
08	0.55	0.68	0.60
09	0.57	0.68	0.65
10	0.58	0.69	0.70
12	0.61	0.69	0.79
14	0.63	0.70	0.87
16	0.67	0.70	0.94
18	0.70	0.71	1.01
20	0.73	0.72	1.08
22	0.75	0.72	1.15
24	0.78	0.73	1.21
26	0.81	0.73	1.27
28	0.83	0.74	1.33
30	0.86	0.75	1.39
32	0.88	0.76	1.44
34	*	0.79	1.46
36	*	0.83	1.49
38	*	0.86	1.51
40	*	0.90	1.54
42	*	0.93	1.56
44	*	0.96	1.58
46	*	1.00	1.61
48	*	1.03	1.63
50	*	1.07	1.66
52	*	1.10	1.68
54	*	-	1.70
56	*	-	1.73
58	*	-	1.75
60	*	-	1.78
62	*	-	1.80

*For N guarantees above 32%, the investigational allowance shall be 0.88; For TSP, the investigational allowance shall be 1.53%

For guarantees not listed, calculate the appropriate value by interpolation.

b. Nitrogen investigational allowances. –

Nitrogen Breakdown	Investigational Allowances Percent
Nitrate nitrogen	0.40
Ammoniacal nitrogen	0.40
Water soluble nitrogen or urea nitrogen	0.40
Water insoluble nitrogen	0.30

In no case may the investigational allowance exceed 50 percent of the amount guaranteed.

c. Secondary and micro nutrients, total or soluble. –

Element	Investigational Allowances Percent
Calcium	0.2 unit + 5 percent of guarantee
Magnesium	0.2 unit + 5 percent of guarantee
Sulfur (free and combined)	0.2 unit + 5 percent of guarantee
Boron	0.003 unit + 15 percent of guarantee
Cobalt	0.0001 unit + 30 percent of guarantee
Chlorine	0.005 unit + 10 percent of guarantee
Copper	0.005 unit + 10 percent of guarantee
Iron	0.005 unit + 10 percent of guarantee
Manganese	0.005 unit + 10 percent of guarantee
Molybdenum	0.0001 unit + 30 percent of guarantee
Sodium	0.005 unit + 10 percent of guarantee
Zinc	0.005 unit + 10 percent of guarantee

The maximum allowance for secondary and minor elements when calculated in accordance with this section is 1 unit (1 percent). In no case, however, may the investigational allowance exceed 50 percent of the amount guaranteed.

d. Liming materials and gypsum

Range Percent	Investigational Allowances Percent
0-10	0.30
Over 10-25	0.40
Over 25	0.50

 

e. Pesticides in fertilizer mixes. – An investigational allowance of 25 percent of the guarantee shall be allowed on all pesticides when added to custom blend fertilizers.

Rulemaking Authority 576.051, 576.061, 576.181 FS. Law Implemented 576.051, 576.061, 576.181 FS. History–New_________.

 

5E-1.028 Matching Criteria.

Effective July 1, 2014, laboratory determinations from the different laboratories that agree within the investigational allowances listed in Rule 5E-1.027, F.A.C., for the guaranteed nutrient(s) are considered matching results.

Rulemaking Authority 576.051, 576.061, 576.181 FS. Law Implemented 576.051, 576.061, 576.181 FS. History–New__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Anderson H. Rackley, Director, Division of Agricultural Environmental Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 21, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 25, 2013