Labels or Tags

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services

RULE NO: RULE TITLE
5E-1.003: Labels or Tags

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33 No. 9, March 2, 2007 issue of the Florida Administrative Weekly.

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

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

3. Guaranteed analysis, in the following format:

4. Guaranteed analysis in the following format:

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

__           percent Nitrate Nitrogen

__           percent Ammoniacal Nitrogen

__           percent Other Water Soluble Nitrogen

__           percent Urea Nitrogen

__           percent Water Insoluble Nitrogen

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

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

Secondary and Micro Plant Nutrients

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

Derived From:

4.5. Name and address of licensee.

5.6. 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 other water soluble nitrogen, 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 other water soluble nitrogen, 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.

(e) Only those materials which actually constitute sources of primary, and secondary and micro 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 or advertising claims of fertilizer produced by or for the firm holding or licensing the rights to such a name.

(g) Guarantees for secondary or micro plant nutrients except 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. No change.

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

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

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

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

7. 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.

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

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

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

2. Fertilizers labeled as Llow phosphate fertilizers shall have use directions that do not exceed an application rate of 0.25 lbs. P₂O₅/1,000ft² per application and not to exceed 0.50 lbs P₂O₅/1,000ft² per year.

3. Fertilizers labeled as, or formulated for use as a starter fertilizers shall have use directions that do not exceed an application rate of 1.0 lb of P₂O₅/ 1,000 ft² and that subsequent applications shall be made with products meeting the definition of Low or No Phosphate fertilizers. The term” Starter Fertilizer” shall be part of the brand name.

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.

4. Fertilizers labeled as urban turf or lawn fertilizer shall have directions for use consistent with the recommendations in the following table:

Fertilization Guidelines for Established Turfgrass Lawns in Three Regions of Florida

                                      Nitrogen recommendations

                                      (lbs N / 1,000 ft² / year)*

Species                          North      Central       South

Bahiagrass                    2-3           2-4               2-4

Bermudagrass               3-5           4-6               5-7

Centipedegrass            1-2           2-3               2-3

St. Augustinegrass      2-4           2-5               4-6

Zoysiagrass                  3-5           3-6               4-6

 

*Homeowner preferences for lawn quality and maintenance will vary, so we recommend a range of fertility rates for each grass species and location. Also, effects within a localized region (for instance, shade, drought, soil conditions and irrigation) will require using a range of fertility rates. These recommendations assume that grass clippings are recycled.

North Florida in this example is considered to be anything north of Ocala. Central Florida is defined as anything south of Ocala to a line extending from Vero Beach to Tampa. South Florida includes the remaining southern portion of the state.

5. Phosphorous shall not be applied at a rate greater than 0.25 lbs. P₂O₅/1,000 ft² per application not to exceed 0.50 lbs. P₂O₅/1,000 ft²  per year unless an annual soil sample representative of the site shows the need for higher application rate.

6. Nitrogen shall not be applied at rate greater than 0.5 lbs. of soluble N/1,000 sq. ft. application not to exceed the total annual nitrogen recommendations in Fertilization Guidelines for Established Turfgrass Lawns in Three Regions of Florida per year unless an annual tissue test at the site of application shows a nitrogen deficiency.

7. The following language shall appear conspicuously on bags of fertilizer sold at retail: “Do not apply near water, storm drains or drainage ditches. Do not apply if heavy rain is expected. Apply this product only to your lawn/garden, and sweep any product that lands on the driveway, sidewalk, or street, back onto your lawn/garden.”

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

1. A maximum Aapplication rate for phosphorus shall not to exceed 0.25 lbs. P₂O₅/1,000 ft² per application and not to exceed 0.50 lbs. P₂O₅/1,000 ft² per year.

2. A maximum Application rate for nitrogen shall not to exceed 0.5 lbs. of soluble N/1,000 sq. ft. application not to exceed the total annual Fertilization Guidelines for Established Turfgrass Lawns in Three Regions of Florida 1 lb per 1,000 ft² pursuant to subparagraph (b)4.

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

1. Have directions for use not to exceed rates recommended in the document titled SL 191 “Recommendations for N, P, K, and Mg for Golf Course and Athletic Field Fertilization. Based on Mehlich I Extractant”, dated March 2007 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 Extensive Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL 32611 or the following website: http://edis.ifas.ufl.edu/SS404

(f) Existing Stock – Licensees are permitted to sell or distribute products that do not meet the label requirements of the rule for one and one half years 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.

(4) SLOW OR CONTROLLED RELEASE NUTRIENTS, STABILIZED NITROGEN AND ENHANCED EFFICIENCY FERTILIZERS.

(a) Definitions,

(1) Slow or controlled release fertilizer means a fertilizer containing a plant nutrient  in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant significantly longer than a referenced “rapidly available nutrient fertilizer” such as ammonium nitrate or urea, ammonium phosphate or potassium chloride.

(2) Stabilized Nitrogen Fertilizer means a fertilizer to which a nitrogen stabilizer has been added.

(3) Nitrogen stabilizer means a substance added to a fertilizer which extends the time the nitrogen component of the fertilizer remains in the soil in the urea or ammoniacal form.  Urease inhibitors and nitrification inhibitors are nitrogen stabilizers.

(4) Urease Inhibitor means a substance which inhibits hydrolytic action on urea by the urease enzyme. When applied to soils the effect of the urease inhibitor is less urea nitrogen lost by ammonia volatilization.

(5) N-(n-butyl) thiophosphoric triamide (NBPT) means a compound that is the normal butyl derivative of thiophosphoric triamide and is a urease inhibitor (CAS No. 94317-64-3).

(6) Nitrification Inhibitor means a substance that inhibits the biological oxidation of ammoniacal nitrogen to nitrate nitrogen.

(7) Cyanamide means a commercial product consisting principally of calcium cyanamide (CaNCN). It is a nitrification inhibitor.

(8) Dicyandiamide means a water soluble organic compound of formula C₂H₄N₄ which contains at least sixty-five percent 65% nitrogen. It is a source of slowly available nitrogen. It is a nitrification inhibitor.

(9) Ammonium Thiosulfate means a commercial product composed principally of (NH₄)₂S₂O₃. It is a nitrification inhibitor.

(10) Enhanced Efficiency Fertilizer means a fertilizer product with characteristics that minimize the potential of nutrient losses to the environment, as compared to a “reference soluble” product.

(b)(a) When one or more slow or controlled release, stabilized nitrogen or enhanced efficiency fertilizers 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.

(c)(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.

(d)(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.

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

(7) 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), which is hereby incorporated by reference. Copies may be obtained from the Division of Agricultural Environmental Services, Bureau of Compliance Monitoring, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650.

(8) 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), which is hereby incorporated by reference. Copies may be obtained from the Division of Agricultural Environmental Services, Bureau of Compliance Monitoring, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650.