The purpose of this rule modification is twofold. First is the clarification of existing verbiage, and second to establish labeling criteria for urban lawn or turf fertilizer products and adoption of Best Management Practices for Nitrogen ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services

RULE NO: RULE TITLE
5E-1.003: Labels or Tags
PURPOSE AND EFFECT: The purpose of this rule modification is twofold. First is the clarification of existing verbiage, and second to establish labeling criteria for urban lawn or turf fertilizer products and adoption of Best Management Practices for Nitrogen applications for the Green Industry and Golf Course Industry.

SUMMARY: Establishes labeling criteria for fertilizer products distributed in Florida.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No Statement of Estimated Regulatory Cost was prepared.

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.

SPECIFIC AUTHORITY: 576.181 FS.
LAW IMPLEMENTED: 576.021 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: February 28, 2007, 1:30 p.m.

PLACE: Plant Science Research and Education Unit, 2556 West Highway 318, Citra, Florida 32113

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mr. Dale W. Dubberly, Chief, Bureau of Compliance Monitoring, Division of Agricultural Environmental Services, Department of Agriculture and Consumer Services, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

5E‑1.003 Labels or Tags.

(1) LABEL REQUIREMENTS FOR ALL FERTILIZER PRODUCTS.

(a) Labels setting forth the information specified in this section shall be attached to or accompany any fertilizer distributed in the state. For packaged products, this information shall either (1) Appear on the front or back of the package, (2) occupy at least one‑third (1/3) of a side of the package, or (3) be printed on a tag and attached to the package. This information shall be in a readable and conspicuous form. For bulk products, this information in printed form shall accompany delivery and five analysis tags attached to the delivery ticket shall be supplied to the purchaser at time of delivery. The following information is required on labels for all fertilizer products.

1. Brand name The net weight

2. The grade (Provided that the grade shall not be required when no primary nutrients are   claimed) Brand name

3. Guaranteed analysis, in the following format The grade (Provided that the grade shall not be required when no primary nutrients are claimed)

4. Guaranteed analysis in the following format: Name and address of licensee

5. Guaranteed analysis in the following format:

Total Nitrogen (N).............................................................___%

 

__percent Nitrate Nitrogen

__percent Ammoniacal Nitrogen

__percent Water Soluble Nitrogen percent Other/Water Soluble

__percent Urea Nitrogen Nitrogen (and/or Urea Nitrogen)

__percent Water Insoluble Nitrogen

Available Phosphorus (P205).............................................___%

Soluble Potassium (K20)..................................................___%

Secondary and Micro Plant Nutrients

(list all claimed or advertised)………………………….___%

Derived From:

5. Name and address of licensee.

6. The net weight (The term “Bulk” shall suffice for bulk products).

(b) The nitrogen breakdown shall be equal to the total nitrogen guarantee. When urea is present it may be guaranteed as water soluble nitrogen, or urea nitrogen at the option of the licensee. When urea formaldehyde is present, not more than 40 percent of the total nitrogen from this source may be claimed as water soluble nitrogen, or urea nitrogen at the option of the licensee. When the term “organic” is used in the label, labeling, or advertisement of any fertilizer, the water insoluble nitrogen must not be less than 60% of the total guaranteed nitrogen so designated. The nitrogen breakdown shall be equal to the total nitrogen guarantee. Only those materials which actually constitute sources of primary and secondary plant nutrients guaranteed may be shown on the application for registration and the label under the statement “Derived from: ____”. When a chelating agent is present, the specific chelated nutrient shall be listed as a source. Commercial, registered or copyrighted brand or trade names shall not be permitted in guarantees or listings of source materials and only in the product name of fertilizer produced by or for the firm holding the rights to such a name.

(c) The terms “Available Phosphoric Acid” or “Available Phosphate” and “Soluble Potash” may be used instead of “Available Phosphorus” and “Soluble Potassium”, respectively. When urea is present it may be guaranteed as urea nitrogen or as water-soluble nitrogen at the option of the licensee. When urea formaldehyde is present, not more than 40 percent of the total nitrogen from this source may be claimed as urea nitrogen or water-soluble nitrogen. When the term “organic” is used in the label, labeling, or advertisement of any fertilizer, the specific organic nutrient shall be identified and qualified as synthetic or natural with the percentage of each specified, to one of the following examples: Nitrogen C 5.0% Organic (3.0% synthetic, 2.0% natural). 5.0% of Nitrogen is Organic (3.0% synthetic, 2.0% natural).

(d) Unacidulated mineral phosphatic materials, basic slag, bone meal, and other phosphatic materials shall be guaranteed as to both the total and available phosphorus (P2O5), and, in addition thereto, unacidulated mineral phosphatic materials and basic slag shall be guaranteed as to degree of fineness. The terms “Available Phosphoric Acid” or “Available Phosphate” and “Soluble Potash” may be used instead of “Available Phosphorus” and “Soluble Potassium”, respectively.

(e) Only those materials which actually constitute sources of primary and secondary plant nutrients shall be shown on the application for registration and the label under the statement “Derived from: ____”. Commercial, registered or copyrighted brand or trade names shall not be permitted in guarantees or listing of source materials and only in the  product name of fertilizer produced by or for the firm holding the rights to such a name. Unacidulated mineral phosphatic materials, basic slag, bone meal, and other phosphatic materials shall be guaranteed as to both the total and available phosphorus (P2O5), and, in addition thereto, unacidulated mineral phosphatic materials and basic slag shall be guaranteed as to degree of fineness.

(f) When sulfur (S) is claimed as a plant nutrient, it shall be specified as to the form present, either “free” or “combined”, or both.

(f)(g) When a chelated form of a plant nutrient is claimed in addition to another form of the same element, the chelated portion shall be guaranteed and the specific chelated nutrient shall be listed as a source in the “Derived from” statement. The chelated guarantee shall be equal to or less than the “Soluble” or “Water Soluble” element guarantee separately.

(g)(h) Guarantees for secondary or micro plant nutrients except other than elements magnesium or sulfur and chelated forms of secondary or micro plant nutrients shall be as follows:

1. Magnesium (Mg) shall be expressed as “Total Magnesium” if derived from insoluble compounds; “Soluble Magnesium” or “Water Soluble Magnesium” if derived from magnesium sulfate or other soluble compounds”; or both if derived from combinations of soluble and insoluble sources.

2. When sulfur (S) is claimed as a plant nutrient, it shall be specified as to the form present, either “free” or “combined”, or both. “Specialty Fertilizer” defined in Section 576.011(36), F.S., shall be exempt from Sulfur guarantees.

3.1. Manganese (Mn) shall be expressed as “Total Manganese” if derived from insoluble compounds. “Ssoluble Mmanganese” or “Water Soluble Manganese” if derived from manganese sulfate, manganese nitrate, manganese chloride or other soluble compounds; “total manganese” if derived from other compounds; or both Total and Soluble or Water Soluble if derived from combinations of soluble and insoluble sources.

4.2. Iron (Fe) shall be expressed as “Total Iron” if derived from insoluble compounds. “Ssoluble Iiron” or “Water Soluble Iron derived from iron sulfate, iron nitrate, iron chloride or other soluble compounds; “total iron derived from other compounds; or both Total and Soluble or Water Soluble if derived from combinations of soluble and insoluble sources.

5.3. Zinc (Zn) shall be expressed as “Total Zinc” if derived from insoluble compounds. “Ssoluble Zzinc” or “Water Soluble Zinc derived from zinc sulfate, zinc nitrate, zinc chloride or other soluble compounds; “total zinc derived from other compounds; or both Total and Soluble or Water Soluble if derived from combinations of soluble and insoluble sources.

6.4. Copper (Cu) shall be expressed as “Total Copper” if derived from insoluble compounds. “Ssoluble Ccopper” or “Water Soluble Copper derived from copper sulfate, copper nitrate, copper chloride or other soluble compounds; “total copper derived from other compounds; or both Total and Soluble or Water Soluble if derived from combinations of soluble and insoluble sources.

7.5. Boron (B) shall be guaranteed as to soluble boron, expressed as “boron”.

6. Magnesium (Mg) shall be expressed as “Soluble Magnesium” or “Water Soluble Magnesium” if derived from magnesium sulfate or other soluble compounds; “Total Magnesium” if derived from other compounds; or both if derived from combinations of soluble and insoluble sources.

8.7. Other secondary or micro plant nutrients shall be guaranteed as to the total element, expressed as the element.

9.8. Minimum secondary or micro plant nutrient guarantees for specialty fertilizer shall be as follows, except guarantees for those water soluble nutrients labeled for ready to use foliar fertilizers, ready to use specialty liquid fertilizers, hydroponic or continuous liquid feed programs and guarantees for potting soils.

Aluminum(Al).10%Magnesium(Mg).10%

Boron(B).02%Manganese(Mn).02%

Calcium(Ca).50%Molybdenum(Mo).0005%

Cobalt(Co).0005%Sulfur(S)1.00%

Copper(Cu).02%Zinc(Zn).02%

Iron(Fe).02%

(2) FERTILIZER LABEL REQUIREMENTS FOR URBAN TURF, SPORTS TURF OR LAWNS.

(a) Definitions.

1. “Urban Turf” or “Lawns” means non agricultural land planted in closely mowed, managed grasses except golf courses, parks and athletic fields.

2. “Sports Turf” means non agricultural land planted exclusively for golf courses, parks and athletic fields.

3. “No Phosphate Fertilizer” means fertilizer products with phosphate levels below 0.5% intended for established urban turf or lawns.

4. “Low Phosphate Fertilizer” means fertilizer products intended for new or established urban turf or lawns, with phosphate levels equal to or above 0.5% or as provided in (2) (b).

5. “Starter Fertilizer” means a fertilizer formulated for a one-time application at planting or near that time to encourage root growth and enhance the initial establishment.

6. “Established Urban Turf” means urban turf older than 12 months.

7. “New Urban Turf” means urban turf established less than 12 months.

(b) Fertilizer products labeled for use on sports turf, urban turf or lawns shall be no phosphate or low phosphate and have label restrictions for the application of nitrogen.

1. Fertilizers labeled as no phosphate shall not contain more than 0.5% of available phosphate expressed as P2O5. The “grade” shall indicate a zero guarantee.

2. Fertilizers labeled as low phosphate shall have directions for use for a maximum application rate of 0.25 lbs. P2O5/1000ft2 per application and not to exceed 0.50 lbs P2O5/1000ft2 per year.

3. Fertilizers labeled as starter fertilizers shall have directions for use for a maximum application rate no greater than 1.0 lb of P2O5/ 1,000 ft2 subsequent applications shall be either Low or No Phosphate fertilizers.

4. Fertilizers labeled as urban turf or lawn fertilizer shall have use directions with a maximum application rate of 0.7 pounds of readily available nitrogen per 1,000 ft2 per single application. For urban turf or lawn fertilizers containing sources of slowly available nitrogen, the maximum single application rate is 1.5 of nitrogen per 1,000 ft2, provided that the rate of readily available nitrogen does not exceed 0.7 pounds per 1,000 ft2. The maximum annual loading of nitrogen is 5 pounds per 1,000 ft2, regardless of the nitrogen source.

(c) Specialty fertilizers labeled for urban turf or lawns shall have directions for use that include:

1. A maximum application rate for phosphorous not to exceed 0.25 lbs. P2O5/1000 ft2 per application and not to exceed 0.50 lbs. P2O5/1000 ft2 per year.

2. A maximum application rate for nitrogen not to exceed 1 lb per 1000 ft2 pursuant to subparagraph (b)4.

a. Rates shall be expressed in units of weight or volume per unit of area coverage (where application rates are given in volume, the label shall provide sufficient information to calculate the application rates by weight).

b. Rates shall be expressed per 1000 square feet.

c. Maximum coverage area per container or bag shall be displayed prominently on the front of the container or bag. (I.E., This product covers 5000 square feet, This bag feeds 4000 square feet).

(d) Fertilizers labeled for sports turf at golf courses, parks and athletic fields shall:

1. Have directions for use not to exceed rates recommended in the document titled SL191 “Recommendations for N, P, K and Mg for Golf Course and Athletic Field Fertilization Based on Mehlich I Extractant”, dated October 2006, which is hereby adopted and incorporated by reference into this rule, Copies may be obtained from the Soil and Water Science Department, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL 32611 or the following website: http://edis.ifas.ufl.edu/SS404.

2. Have directions for use in accordance with the recommendations in “BMP’s for the Enhancement of Environmental Quality on Florida Golf Courses”, published by the Florida Department of Environmental Protection, dated January 2007. Copies may be downloaded from http:// www.dep.state.fl.us/water/nonpoint/pubs.htm.

(e) Fertilizers other than specialty fertilizers labeled for urban turf shall:

Have directions for use not to exceed rates recommended in the document titled Best  Management Practices for Protection of Water Resources in Florida, June 2002, Florida Green Industries., which is hereby adopted and incorporated by reference into this rule, Copies may be obtained from http://www.dep.state.fl.us/water/nonpoint/docs/ nonpoint/BMP_Book.

(f) Existing Stock – Licensees are permitted to sell or distribute products that do not meet the label requirements of the rule for one year after the effective date of the rule. Products at the retail level on or after the effective date of the rule are permitted to be offered for sale for 1.5 years from the effective date of the rule and 2 years from the effective date of the rule if they are registered EPA fertilizer-pesticide mixtures.

(3)(2) SOIL ADDITIVES, SOIL AMENDMENTS AND SOIL CONDITIONERS. The following information shall appear on the product label in a conspicuous and readable form:

(a) Guaranteed analysis, in the following format.

Soil Amending Ingredients:

“Name of ingredient” ________%

(Identify and list all soil amending ingredients)

Total Other Ingredients ________%

(b) Purpose of product.

(c) Directions for application.

(d) Net volume, in lieu of net weight, may be used for labeling mulch products or materials sold for primary use as above ground dressing.

(4)(3) SLOW OR CONTROLLED RELEASE NUTRIENTS.

(a) When one or more slow or controlled release nutrients are claimed or advertised, the guarantees for such nutrients shall be shown as a footnote following the listing of source materials and shall be expressed as percent of actual nutrient.

(b) Listing of source materials providing slow or controlled release characteristics by controlling the water solubility of a naturally soluble material (as by coating or occlusion) shall constitute a claim of controlled release nutrient, and a guarantee for such nutrient shall be required.

(c) Listing of source materials in which availability of nitrogen is controlled through slow hydrolysis of water soluble organic nitrogen compounds shall constitute a claim of slow or controlled release nutrient and a guarantee for such nutrient shall be required. The reference for such availability shall be the enzymatic hydrolysis of urea.

(d) No guarantee, claim or advertisement shall be made or required when a slow or controlled release nutrient is less than 15 percent of the total guarantee for that nutrient.

(5)(4) CHLORINE GUARANTEE.

(a) Chlorine shall be guaranteed as to maximum percentage content, when applicable, in agricultural fertilizer. “Specialty Fertilizer” defined in Section 576.011(36), F.S., shall be exempt from chlorine guarantees.

(b) Maximum chlorine shall be guaranteed in all brands which contain one percent (1%) or more, or in which potassium chloride or other materials bearing substantial amounts of chlorine are present.

(c) The maximum chlorine shall be guaranteed in all brands intended for use on tobacco.

(d) Maximum chlorine guarantees shall be reasonably accurate and not misleading, and consistent with source materials present. Two percent (2%) shall be the maximum permissible guarantee in fertilizers, except where potassium chloride, fish emulsion, or other high chlorine materials are present.

(6)(5) DECLARATION OF FLORIDA LICENSEE NUMBER.

(a) The Florida Licensee Number, shall appear and be clearly identified on all fertilizer labels with a capital “F” preceding the license number.

(b) The number must be clear, legible and appear prominently and conspicuously on the label in proximity to the brand name or guaranteed analysis. The number must be placed in such a manner as to avoid any misinterpretation or confusion with percentages, pounds, or figures, statements, and in no way be misleading.

(7)(6) REGISTRATION OF SPECIALTY FERTILIZER PRODUCTS. All specialty fertilizers to be sold within the state must be registered with the Bureau of Compliance Monitoring prior to any sale. Each product will be registered by filing the properly completed appropriate form with the Bureau. Only one form will be submitted for each product. Specialty fertilizer packaged, marketed, and distributed for home and garden use and packaged in quantities of forty-nine pounds or less (Specialty Fertilizer) will be registered upon the filing of properly completed Application for Specialty Fertilizer Registration (Fertilizer Form DACS-13220, Rev. 5/03). No IN-202, effective 4/94.

(8)(7) LICENSEE.

(a) Any person whose name is on a fertilizer label and who guarantees the fertilizer must obtain a license prior to distribution of that fertilizer to a non-licensee.

(b) A license will be granted upon receipt of a properly executed Application for Fertilizer License (Fertilizer Form DACS-13222, Rev. 5/03) No. IN-201, effective 4/94).

Specific Authority 576.181 FS. Law Implemented 576.021 FS. History–Revised 1-23-67, Amended 10-22-68, 1-1-77, 3-27-77, Formerly 5E-1.03, Amended 8-3-93, 7-9-95, 10-25-98,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Dale W. Dubberly, Chief, Bureau of Compliance Monitoring, Division of Agricultural Environmental Services, Department of Agriculture and Consumer Services, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650 [phone]

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Anderson H. “Andy” Rackley

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 31, 2007

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 9, 2006