Chapter 901:5-1 Fertilizer

901:5-1-01 Labeling requirements for fertilizer.

(A) No manufacturer or distributor of fertilizer shall use any term which is defined in the official publication of the association of american plant food control officials as adopted in rule 901:5-1-02 on the label of any fertilizer unless the fertilizer complies with the standard for such terms which are stated in said publication.

(B) No manufacturer or distributor of a fertilizer shall include the name of any plant nutrient element:

(1) Other than nitrogen, phosphorus and potassium on the label of a fertilizer other than a specialty fertilizer, unless the percentage guaranteed equals or exceeds the percentage required in the following table:

ELEMENT

MINIMUM PERCENTAGE REQUIRED

Calcium (Ca)

1.00

Magnesium (Mg)

0.50

Sulfur (S)

1.00

Boron (B)

0.02

Chlorine (Cl)

0.10

Cobalt (Co)

0.0005

Copper (Cu)

0.05

Iron (Fe)

0.10

Manganese (Mn)

0.05

Molybdenum (Mo)

0.0005

Nickel (Ni)

0.0010

Sodium (Na)

0.10

Zinc (Zn)

0.05

(2) Which is not named in paragraph (B)(1) of this rule on the label of any such fertilizer.

(C) Each manufacturer or distributor of any fertilizer which bears on its label the name of any element which is listed in paragraph (B) of this rule, shall:

(1) List each element which is mentioned on the label and the percentage guarantee in the same order in which such elements are listed in paragraph (B) of this rule;

(2) Furnish the director of agriculture the label and directions for use of any fertilizer for which the director requests such information;

(3) Include warning or caution statements on the label for any fertilizer which contains:

(a) Three one-hundredths per cent or more of boron in water soluble form;

(b) One one-thousandths per cent or more of molybdenum.


Effective: 11/26/2018
Five Year Review (FYR) Dates: 9/10/2018 and 11/16/2023
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.35, 905.43, 905.44
Prior Effective Dates: 02/20/1969, 08/04/2013

901:5-1-02 Definitions.

As used in this Chapter:

(A) All terms which are defined in section 905.31 of the Revised Code are incorporated into this Chapter.

(B) The terms which are defined in the official publication of the association of american plant food control officials (2017) are hereby incorporated into this Chapter. Interested individuals may locate a copy of the official publication by visitingwww.aapfco.org.

Replaces: 901:5-1-02


Effective: 11/26/2018
Five Year Review (FYR) Dates: 11/16/2023
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.31
Prior Effective Dates: 01/21/1982

901:5-1-03 [Rescinded].


Effective: 11/26/2018
Five Year Review (FYR) Dates: 9/10/2018
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.44
Prior Effective Dates: 02/20/1969

901:5-1-04 Requirements for sales of fertilizer from bulk storage facilities.

(A) No person shall distribute any fertilizer from any bulk storage facility unless such facility provides access for sampling each fertilizer stored therein.

(B) No person shall distribute a fertilizer from any bulk storage facility to more than one consumer unless he:

(1) Labels the area where the fertilizer is stored to show the grade of the fertilizer;

(2) Shows the grade of the fertilizer on each invoice for shipments therefrom;

(C) Each manufacturer or distributor of fertilizer shall include the date of delivery on each shipping invoice or delivery ticket for each shipment of bulk fertilizer to an individual who is not licensed pursuant to ORC 905.32.


Effective: 11/26/2018
Five Year Review (FYR) Dates: 9/10/2018 and 11/16/2023
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.35, 905.43, 905.44
Prior Effective Dates: 02/20/1969, 08/04/2013

901:5-1-05 Weighing of fertilizer and requirements for shipping invoice.

(A) No person shall distribute any fertilizer other than by net weight unless the director has approved the device which is used to measure the fertilizer.

(B) A meter may be used to deliver fertilizer by volume provided that each individual meter so used has been tested and approved by the director.

(C) Each distributor shall include on the shipping invoice or delivery ticket for any fertilizer which is delivered by volume:

(1) Volume of fertilizer delivered;

(2) The calculated net weight derived from the volume delivered; and

(3) The conversion factor used to derive the calculated net weight from the volume delivered.


Effective: 11/26/2018
Five Year Review (FYR) Dates: 9/10/2018 and 11/16/2023
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.35, 905.43, 905.44
Prior Effective Dates: 02/20/1969, 01/21/1982

901:5-1-06 What constitutes mislabeled fertilizer.

(A) Fertilizer material is mislabeled if the director of agriculture determines after analysis of said fertilizer material that the percentage of total nitrogen, available phosphoric acid (P2O5), or soluble potash (K20) in the fertilizer is below the allowances permitted in the table found in paragraph (B) of this rule:

(B)

Per cent allowances of fertilizer materials.

Guarantee per cent

Nitrogen (N)

Available phosphate (P2O5)

Soluble potash (K2O)

04 or less

0.49

0.37

0.41

05

0.51

0.67

0.43

06

0.52

0.67

0.47

07

0.54

0.68

0.53

08

0.55

0.68

0.60

09

0.57

0.68

0.65

10

0.58

0.68

0.70

12

0.61

0.69

0.79

14

0.63

0.70

0.87

16

0.67

0.70

0.94

18

0.70

0.71

1.01

20

0.73

0.72

1.08

22

0.75

0.72

1.15

24

0.78

0.73

1.21

26

0.81

0.73

1.27

28

0.83

0.74

1.33

30

0.86

0.75

1.39

32

0.88

0.76

1.44

34

  

0.79

1.46

36

  

0.83

1.49

38

  

0.86

1.51

40

  

0.90

1.54

42

  

0.93

1.56

44

  

0.96

1.58

46

  

1.00

1.61

48

  

1.07

1.66

50

  

1.10

1.68

52

  

1.10

1.68

54

     

1.70

56

     

1.73

58

     

1.75

60

     

1.78

62

     

1.80

For N guarantees above 32% the allowance shall be 0.88.

For P2O5 guarantees above 52% the allowance shall be 1.10.

For K2O guarantees above 62% the allowance shall be 1.80.

For guarantees not listed, calculate the appropriate allowance by interpolation.

(C) Any mixture of fertilizers is mislabeled if the director determines after analysis of the mixture that:

(1) The percentage of total nitrogen, available phosphoric acid (P2O5), or soluble potash (K2O) in the mixture is more than ten per cent below the percentage guaranteed or more than two percentage points below the percentage guaranteed, whichever is the smaller; or

(2) The total of the percentages determined for the three primary plant nutrients is less than ninety-seven per cent of the sum of the guarantees for these three nutrients.


Effective: 11/26/2018
Five Year Review (FYR) Dates: 9/10/2018 and 11/16/2023
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.35, 905.43, 905.44
Prior Effective Dates: 02/20/1969, 08/04/2013