The purpose of this rulemaking is to modify Florida’s fertilizer labeling requirements for specialty lawn fertilizer. The effect of this rule making will harmonize Florida’s labeling requirements with national labeling standards and update labeling ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Environmental Services

RULE NO.:RULE TITLE:

5E-1.003Labels or Tags

PURPOSE AND EFFECT: The purpose of this rulemaking is to modify Florida’s fertilizer labeling requirements for specialty lawn fertilizer. The effect of this rule making will harmonize Florida’s labeling requirements with national labeling standards and update labeling requirements for specialty lawn fertilizers with recently published turf research.

SUMMARY: This rulemaking revises language to modify Florida’s fertilizer labeling requirements for specialty lawn fertilizer.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS (SERC) AND LEGISLATIVE RATIFICATION: The Agency has determined that this rule 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 the fertilizer industry’s estimated average indirect cost to make label modifications per label in a single year and the existing stocks clause allowing manufactures to incorporate required label modifications at their next scheduled printing which is approximately an eighteen month process. Additionally, no interested party submitted information regarding the economic impact.

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

RULEMAKING AUTHORITY: 570.07(23), 576.181 FS.

LAW IMPLEMENTED: 576.021, 576.031, 576.181 FS.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Weldon Collier, Program Planning Coordinator, Division of Agricultural Environmental Services, 3125 Conner Boulevard, Ste. E, Rm. 136, Tallahassee, FL 2399-1650, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5E-1.003 Labels or Tags.

(1)(a) No change.

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:

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. Name and address of licensee. 5. The net weight (The term “Bulk” shall suffice for bulk products). (b) through (f) No change.

(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. 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. 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” if 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” if 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 form insoluble compounds; “Soluble Copper” or “Water Soluble Copper” if 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 water soluble boron, expressed as “boron”.

8. No change.

9. 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%	Manganese	(Mn)	.02%
Boron	(B)	.02%	Molybdenum	(Mo)	.0005%
Calcium	(Ca)	.50%	Nickel	(Ni)	.0010%
Cobalt	(Co)	.0005%	Sodium	(Na)	.10%
Copper	(Cu)	.02%	Sulfur	(S)	1.00%
Iron	(Fe)	.02%	Zinc	(Zn)	.02%
Magnesium	(Mg)	.10%

 

(2) SPECIALTY FERTILIZER LABEL REQUIREMENTS FOR URBAN TURF OR LAWNS (packaged in containers or bags such that the net weight is 49 pounds or less and distributed for home and garden use). FERTILIZER LABEL REQUIREMENTS FOR URBAN TURF, SPORTS TURF OR LAWNS.

(a) Definitions.

1. through 7. No change.

8. “Actively Growing Turf” means turf that needs mowing at least once every two weeks to maintain the grass blade height recommended in the document entitled University of Florida, Institute of Food and Agricultural Sciences ENH 10 “Mowing Your Florida Lawn” dated March 2009, which is hereby adopted and incorporated by reference into this rule. Copies may be obtained from the Environmental Horticulture Department, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL 32611 or online at http://www.flrules.org/Gateway/reference.

(b) Labeling Requirements. 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 in this rule for the application of nitrogen.

1. Specialty Fertilizer products labeled for use on urban turf or lawns shall be no phosphate or low phosphate.

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

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

b. 2. Fertilizers labeled as low phosphate shall have use directions that do not exceed an application rate of 0.25 lbs P2O5/1000 sq. ft. ft2and not to exceed 0.50 lbs P2O5/1000 sq. ft. ft2 per year. Label use directions may be included that allow higher rates if an annual soil sample representative for the site shows the need for a higher application rate.

c.3. Fertilizers labeled as, or formulated for use as, starter fertilizer shall have use directions that do not exceed an application rate of 1.0 lb of P2O5/1,000 sq. ft. 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.

2.4. Fertilizers labeled as urban turf, sports turf, or lawn fertilizer shall have directions for use for nitrogen that:

a. Are consistent with the recommendations in the following table:

 

b. Nitrogen shall not be applied at an application rate greater than 0.7 lbs of readily available nitrogen, per 1000 sq. ft. ft2 at any one time based on the soluble fraction of formulated fertilizer, with no more than 1 lb total N per 1000 ft2 to be applied at any one time and not to exceed the annual nitrogen recommendations in the Fertilization Guidelines for Established Turfgrass Lawns in Three Regions of Florida, set forth herein. Use directions for nitrogen may be included that allow higher rates if an annual tissue sample representative of the site shows the need for a higher application rate.

c. Not more than 2 lbs. of total nitrogen per 1000 sq. ft. per application may be applied during the spring or summer;

d. Not more than 1 lb total nitrogen per 1000 sq. ft. per application may be applied during the fall or winter.

e. If a total controlled release product is applied, not more than 35 percent of the nitrogen in the controlled release fertilizer can be released within the first 7 days after application.

f. Nitrogen applications cannot exceed the annual nitrogen recommendations in the Annual Fertilization Guidelines for Established Turfgrass Lawns in Three Regions of Florida, set forth herein.

3.5. The following language shall appear conspicuously on bags of fertilizer sold at retail: Apply only to actively growing turf. 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 in the driveway, sidewalk, or street, back onto your lawn/garden.”

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

1. Application rate for phosphorous shall not exceed 0.25 lbs. P2O5/1000 ft2 per application and not exceed 0.50 lbs. P2O5/1000 ft2 per year. Label use directions may be included that allow higher rates if an annual soil sample representative for the site shows the need for a higher application rate.

2. Application rates for nitrogen shall not exceed 0.7 lbs of readily available nitrogen per 1000 ft2 at any one time based on the soluble fraction of formulated fertilizer, with no more that 1 lb total N per 1000 ft2 to be applied at any one time and not to exceed the annual nitrogen recommendations in the Fertilization Guidelines for Established Turfgrass Lawns in Three Regions of Florida.  Use directions for nitrogen may be included that allow higher rates if an annual tissue sample representative of the site shows the need for a higher application rate.

4.3. 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).

5.4. Rates shall be expressed per 1000 square feet.

6.5. Maximum Ccoverage 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).

7. 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 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.

(3)(d) LABELING REQUIREMENTS FOR SPORTS TURF. Fertilizers labeled for sports turf at golf courses, parks and athletic fields shall:

(a)1. Have directions for use not to exceed rates recommended in the document entitled University of Florida, Institute of Food and Agricultural Sciences SL191 “Recommendations for N, P, K and Mg for Golf Course and Athletic Field Fertilization Based on Mehlich I Extractant”, dated July 2010 March 2007, 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 online at http://www.flrules.org/Gateway/reference the following website: http://edis.ifas.ufl.edu/SS404.

(b)2. Have directions for use in accordance with the recommendations in “Best Management Practices BMP’s” for the Enhancement of Environmental Quality on Florida Golf Courses”, published by the Florida Department of Environmental Protection, dated September 2012 January 2007. Copies may be obtained from Florida Department of Environmental Protection, 2600 Blair Stone Road, Mail Station 3570, Tallahassee, FL 32399-2400 or online at http://www.flrules.org/Gateway/reference downloaded from http:// www.dep.state.fl.us/water/nonpoint/pubs.htm.

(4)(e) LABELING REQUIREMENTS FOR FERTILIZERS OTHER THAN SPECIALTY FERTILIZERS LABELED FOR URBAN TURF.

Fertilizers other than specialty fertilizers labeled for urban turf shall have directions for use not to exceed rates recommended in the document entitled “Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries”, published by the Florida Department of Environmental Protection, Revised December 2008, 2nd Printing 2010, which is hereby adopted and incorporated by reference into this rule. Copies may be obtained from Florida Department of Environmental Protection, 2600 Blair Stone Road, Mail Station 3570, Tallahassee, FL, 32399-2400 or online at http://www.flrules.org/Gateway/reference. 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 and one-half years 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.

(5)(3) SOIL ADDITIVES, SOIL AMENDMENTS AND SOIL CONDITIONERS.

The following information shall appear on the product label in a conspicuous and readable form:

(a) through (d) No change.

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

(a) through (e) No change.

(7)(5) CHLORINE GUARANTEE.

(a) through (d) No Change.

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

(a) through (b) No change.

(9)(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. 07/09) and Application for Registration of Specialty Fertilizer (Fertilizer Form DACS-13203, Rev. 06/08).

using either of the following methods:

(a) Through the Department’s Feed, Seed, and Fertilizer Regulatory Website located online at http://lims.flaes.org/HomeNew.aspx; or

(b) Submission of completed Application for Specialty Fertilizer Registration, FDACS-13220, (Rev. 07/14), online at http://www.flrules.org/Gateway/reference  and  Application for Registration of Specialty Fertilizer , FDACS-13203, (Rev. 07/14), online at http://www.flrules.org/Gateway/reference for each product, which are hereby adopted and incorporated by reference and shall be submitted to the Florida Department of Agriculture and Consumer Services, Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650.

(10)(8) LICENSEE.

(a) No change.

(b) A license will be granted upon receipt of a may be obtained using either of the following methods: properly executed Application for Fertilizer License, FDACS-13222, (Rev. 5/03) .

1. Through the Department’s Feed, Seed, and Fertilizer Regulatory Website which can be located online at http://lims.flaes.org/HomeNew.aspx; or

2. Submitting an Application for Fertilizer License FDACS-13222, (Rev 07/14), online at http://www.flrules.org/Gateway/reference which is hereby adopted and incorporated by reference and shall be submitted to the Florida Department of Agriculture and Consumer Services, Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650.

(9) All forms and filing specifications contained in this rule are hereby adopted and incorporated by reference and may be obtained from the Florida Department of Agriculture and Consumer Services, Bureau of Compliance Monitoring, 3125 Conner Boulevard, Building 6, Tallahassee, Florida 32399-1650, [phone] or by visiting the Department’s website at http://www.doacs.state.fl.us/onestop/aes/fertilizer.html#forms.

Rulemaking Authority 570.07(23), 576.181 FS. Law Implemented 576.021, 576.031, 576.181 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, 12-31-07, 1-18-10,_________.

 

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: August 11, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 28, 2013