2005 Idaho Code - 22-605 — REGISTRATION OF PRODUCTS

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 6
                            COMMERCIAL FERTILIZERS
    22-605.  REGISTRATION OF PRODUCTS. (1) Each brand and separately
identifiable fertilizer product under each brand shall be registered before
being distributed in this state. Companies planning to mix customer-formula
fertilizers shall include the statement "customer-formula grade mixes" under
the column headed "grades" on the brand registration application form. The
application for registration shall be submitted to the department on forms
furnished by the department, and shall be accompanied by a nonrefundable fee
of twenty-five dollars ($25.00) per brand and a nonrefundable fee of
twenty-five dollars ($25.00) per separately identifiable fertilizer product,
under each brand, if sold in packages of twenty-five (25) pounds or less. Upon
approval by the department, a certificate of registration shall be furnished
to the applicant. All registrations expire on December 31 of each year. The
application shall include the following information:
    (a)  The brand name;
    (b)  Declaration of guaranteed analysis of formulations to be sold;
    (c)  The name and address of the registrant;
    (d)  The sources from which the guaranteed plant nutrients are derived;
    and
    (e)  A label or labels meeting the requirements of section 22-607, Idaho
    Code.
    (2)  A distributor is not required to register any brand of fertilizer
that is already registered under this chapter, as long as the label remains
unchanged.
    (3)  A distributor is not required to register a customer-formula
fertilizer; provided, that each shall be distributed under a registered brand.
    (4)  If an application for renewal of the brand registration provided for
in this section is not filed before January 1 of any one (1) year, a penalty
of ten dollars ($10.00) per product shall be assessed after February 1 of that
year and added to the original fee and shall be paid by the applicant before
the renewal brand registration is issued; provided, that the penalty shall not
apply if the applicant furnished an affidavit that he has not distributed this
brand subsequent to the expiration of his prior registration.
    (5)  The department shall examine the fertilizer product registration
application form and labels for conformance with the requirements of this
chapter. If the application, information and appropriate labels are in proper
form and contain  all the required information, the fertilizer products shall
be registered by the department and a certificate of registration shall be
issued to the applicant. The department may refuse to register or, cancel the
registration, of any fertilizer product which would be in violation of any
provision of this chapter.
    (6)  In reviewing the fertilizer product registration application, the
department may consider experimental data, manufacturers' evaluations, data
from agricultural experiment stations' product review evaluations, and other
authoritative sources to substantiate labeling claims. The data shall be from
statistically designed and analyzed trials representative of the soil, crops,
and climatic conditions found in the northwestern area of the United States.
    (7)  In determining whether approval of a label statement or guarantee of
an ingredient is appropriate, the department may require the submission of a
written statement describing the methodology of laboratory analysis utilized,
the source of the ingredient material, and any reference material relied upon
to support the label statement or guarantee of ingredient.
    (8)  Any waste-derived fertilizer distributed as a single ingredient
product or blended with other fertilizer ingredients must be identified as
"waste-derived fertilizer" by the registrant in the application for
registration.
    (9)  The registrant of a waste-derived fertilizer shall state in the
application for registration the levels of nonnutritive metals including, but
not limited to, arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb) and
selenium (Se). The registrant shall provide a laboratory report or other
documentation verifying the levels of the nonnutritive metals in the
waste-derived fertilizer.