The purpose of this rulemaking is to clarify and update rules relating to fertilizer labeling, registration, and reporting. The effect will clarify and update rules relating to fertilizer labeling, registration, and reporting.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Environmental Services

RULE NOS.:RULE TITLES:

5E-1.002Registration and Labeling of Animal and Vegetable Manures, Composts, Soil Conditioners, Soil Amendments and Soil Additives

5E-1.012Reports and Inspection Fee Payment, Inspection Fees, Reporting, Continuous Bond, Certificate of Deposit Requirement

PURPOSE AND EFFECT: The purpose of this rulemaking is to clarify and update rules relating to fertilizer labeling, registration, and reporting. The effect will clarify and update rules relating to fertilizer labeling, registration, and reporting.

SUMMARY: Fertilizer registration, labeling, and reporting will be clarified and updated.

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 or potential regulatory costs of the proposed rule did not meet or exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. The proposed rule changes are intended to explain labeling requirements for non-typical fertilizer products, clarify the requirements for supporting documentation for registration of soil amendment/additives and conditioners, and provide the option of web based reporting of monthly fertilizer tonnage, and guidance for reporting less than one ton of fertilizer. No additional cost are anticipated to be associated with these informational changes, but a reduction in cost for fertilizer licensees utilizing the option of on-line reporting of fertilizer tonnage is anticipated.

As part of this analysis, the Department relied upon the current payment process that required checks be mailed to the department. There are approximately 730 current licensees. Using the online reporting tool would save the licensees approximately $1000 in postal and checking processing fees. Additionally, no interested party submitted additional 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: 570.07(23), 576.181 FS.

LAW IMPLEMENTED: 576.011, 576.031, 576.041, 576.045, 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: Kelly Friend, Chief Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Bldg. 8, Tallahassee, FL 2399-1650; [phone]; [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5E-1.002 Registration and Labeling of Animal and Vegetable Manures, Composts, Soil Conditioners, Soil Amendments and Soil Additives.

REGISTRATION AND LABELING.

(1) Exemptions. When the labeling does not claim to contain any plant nutrients or beneficial plant growth properties as defined in Section 576.011(12), F.S., unmanipulated animal manure, vegetable manures, potting soils, peat or compost are excluded from the provisions of this rule chapter. Unmanipulated manures, by Section 576.011(12), F.S., are excepted from the provisions of Chapter 576, F.S., and, therefore, are not required to be registered, labeled or meet any requirement of this chapter. Potting soils, muck, and peat or compost, when no plant nutrients are claimed, or implied, as specified in Section 576.011(12), F.S., are excepted from the provisions of this chapter.

(2) The department will require proof of beneficial claims made before registering any potting soil, mulch, compost, soil additive, soil conditioner and soil amendment. If no beneficial claims are made as to soil amendments, soil additives or soil conditioners, the department will require scientific evidence of usefulness and agronomic value of the soil amendment. As For evidence of proof, the department will accept rely on experimental data, evaluations, or advice supplied from an accredited a recognized school of agriculture. The experimental design shall be related to state environmental conditions for which the product is intended to be used. The department will accept or reject information from other sources of proof as additional evidence in evaluating soil amendments, soil additives or soil conditioners. The department will prescribe methods and procedures of inspection and analysis of the soil amending ingredient. Proof of beneficial claims shall be mailed to the Fertilizer Program Manager, 3125 Conner Boulevard, Building 6, Tallahassee, Florida 32399-1650.

(3) Manipulated manures, composts, soil conditioners, soil amendments and soil additives come within the definition of fertilizer. In addition to the labeling requirements set forth in Section 576.031, F.S., the labels on all manipulated manures, composts, soil conditioners, soil amendments and soil additives, shall contain in or in close conspicuous proximity to the brand name, the common name of the product and the grade numerals in terms of the primary plant nutrients, (unless all three are zero), e.g., “Supreme Compost 1-2-1.” Claims pertaining to the composition or benefits of these products shall be required to be substantiated and documented.

(a) When the term manure is used in any brand name, labeling, or advertisement or other written matter identifying any product, the animal source of the manure must also be shown.

(b) Products containing manure mixed or composted with other organic materials shall include the name of the other material in its brand, labeling and advertisement, e.g., “Cattle Manure plus Organic Compost,” “Horse Manure composted with Peat”. The common names of the components of such products shall be listed on the label in order of relative amount in the mixture.

(c) Manures and products containing manure shall be guaranteed to have a minimum of 0.5% total nitrogen, 0.5% available phosphorus and 0.2% soluble potassium. All statements of guarantees or grade numerals less than one percent shall be expressed as decimal fractions, with a zero preceding the decimal.

(d) Guano and Earthworm Castings are exempt from (c).

(e)(d) Material recovered from lagoons or holding ponds designed to retain manure run-off is considered to be a compost and may not be claimed, branded or advertised to be a manure, except that the term manure can be used in a descriptive manner in a listing of source materials, as in “Derived from Cattle Manure Compost” or “Derived from Composted Dairy Manure Solids”. No minimum guarantee shall be required in such product.

Rulemaking Authority 570.07(23), 576.181, 570.07(23) FS. Law Implemented 576.011(12), 576.031 FS. History–Revised 1-23-67, Amended 1-1-77, Formerly 5E-1.02, Amended 5-19-88, 8-3-93, 10-25-98,__________.

 

5E-1.012 Reports and Inspection Fee Payment, Inspection Fees, Reporting, Continuous Bond, Certificate of Deposit Requirement.

(1) Licensees must make a monthly report of fertilizer sold in the State of Florida and pay a monthly inspection fee. Each Licensee shall report the amount of all fertilizers sold each month, on or before the 15th day of the following month, accompanied by inspection fee payment, as provided in Section 576.041, F.S. using the Department’s Feed, Seed, and Fertilizer Regulatory Website which can be located online at http://lims.flaes.org/HomeNew.aspx; or by submitting as instructed on form, DACS 13239, Monthly Report of Fertilizer Sold in the State of Florida, FDACS-13239 Rev. (07/14) available online at http://www.flrules.org/Gateway/reference which is hereby incorporated by reference. 02/10 on or before the 15th day of the following month, accompanied by inspection fee payment, as provided by law. A zero negative report shall be made for any month in which there were no sales. If a month’s sales do not exceed one ton, a zero report shall be made by the Licensee for that month’s tonnage. The unreported tonnage, less than one ton, shall be combined with subsequent months’ tonnages until such time as the cumulative total exceeds one ton at which time it shall be reported on the next month’s report.

(2) Statistical report of fertilizer tonnage. This report covers all fertilizer movements other than wholesale. Each Licensee shipping or delivering fertilizers in other than wholesale movements in lots of one or more tons shall notify the department thereof. Notification shall consist of:

(a) A monthly summary to be submitted on or before the 15th of the month following the reporting period. A zero negative report shall be made for any month in which there were no sales.

(b) The monthly summary shall be submitted using the Department’s Feed, Seed, and Fertilizer Regulatory Website which can be located online at http://lims.flaes.org/HomeNew.aspx; or by submitting as instructed on form, DACS 13238, Monthly Fertilizer Tonnage Reporting, FDACS-13238 Rev. (07/14) available online at http://www.flrules.org/Gateway/reference, which is hereby incorporated by reference. 05/08, indicating the following information: The monthly summary shall also include the following:

1. Date, Licensee Name, Licensee Number, Licensee Address, Reporting Month and Year.

1.2. Destination County Code using the five digit (state + county) United States Environmental Protection Agency (EPA) County Federal Information Processing Standard (FIPS) code. The EPA County FIPS Code Listing for the State of Florida, Updated April 27 10, 2015 2009 is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference. can be obtained at the following website:

3. Quantity (net weight in tons).

2.4. Material Code (materials only; not for mixed fertilizer). The material codes can be found in Appendix C of the Uniform Fertilizer Tonnage Reporting System Instruction Manual, Edition 2 (08/25/2006) which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference. can be obtained at the following website: www.aapfco.org/uftrsvXP/UFTRSXPDoc.pdf.

5. Mixed Grades Guaranteed Analysis N-P-K.

6. Form (bulk, bagged, or liquid).

7. Use (Farm, Non-Farm Residential Lawn/Turf, Non-Farm Golf/Athletic Field, Non-Farm Garden/Landscape, Non-Farm Potting/Planting Soil, Non-Farm Nursery/Greenhouse).

(3) Each applicant for a fertilizer license shall post a continuous Surety Bond in the amount of $1,000 using Fertilizer Dealer’s Bond DACS 13229, Fertilizer Dealer’s Bond, Rev. 10/09 or a continuous Certificate of Deposit in the amount of $1,000 made jointly in the names of the applicant and the Department with dividends payable to the applicant, or a continuous Certificate of Deposit in the amount of $1,000 accompanied by an Assignment of Certificate of Deposit DACS 13201, Assignment of Certificate of Deposit, Rev. 11/09.

(4) Any Licensee who fails to report the amount of all fertilizers sold each month, using DACS 13239 Monthly Report of Fertilizer Sold in The State of Florida, Rev. 02/10, on or before the 15th day of the following month and accompanied by the inspection fee payment shall be required to secure with the Department a Surety Bond or Certificate of Deposit as outlined in the schedule below:

Highest Amount of
Fees Paid During a			Amount of Bond
Single Month of			Deposit Required
Last Year
	0 – $1,000			$1,000
	1,001 – 3,000			3,000
	3,001 – 5,000			5,000
	5,001 – 7,000			7,000
	7,001 – 9,000			9,000
	9,001 – 11,000			11,000
	Over 11,000			15,000

(3)  FORMS. The Department forms contained in this rule are hereby adopted and incorporated by reference and may be obtained from the Florida Department of Agriculture and Consumer Services, Division of Agricultural Environmental Services, Bureau of Compliance Monitoring, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650, [phone] or by visiting the Department’s website at www.doacs.state.fl.us/onestop/index.html.

Rulemaking Authority 570.07(23), 576.181 FS. Law Implemented 576.041, 576.045 FS. History–Revised 1-23-67, 6-24-69, 2-26-71, 3-1-73, 1-1-77, Formerly 5E-1.12, Amended 8-3-93, 10-25-98, 5-23-10,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Anderson H. Rackley

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 03, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 7, 2015