Chapter 901:5-1 Fertilizer

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

(A) No manufacturer or distributor of fertilizer, as defined in section 905.31 of the Revised Code, shall use any term which is defined in the current official publication of the "Association of American Fertilizer Control Officials" on the label of any fertilizer unless the fertilizer complies with the standard for such fertilizer which is stated in said publication.

(B) No manufacturer or distributor of a fertilizer mixture 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

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 mixture.

(C) Each manufacturer or distributor of any fertilizer mixture 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: 08/04/2013
R.C. 119.032 review dates: 05/20/2013 and 08/04/2018
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.44
Prior Effective Dates: 2/20/69

901:5-1-02 Definitions.

(A) "Director" means the director of the Ohio department of agriculture.

(B) "Fertilizer" means any substance containing nitrogen, phosphorus, or potassium or any recognized plant nutrient element or compound, which is used for its plant nutrient content or for compounding mixed fertilizers. Lime, limestone, marl, unground bone, water, and unmanipulated animal and vegetable manures are excepted, unless mixed with fertilizer materials.

(C) "Net weight" means pounds, avoirdupois, as determined by a sealed weighing device, or other means prescribed by rule prescribed by the director.

R.C. 119.032 review dates: 05/17/2013 and 05/17/2018
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.31
Prior Effective Dates: 2/20/1969, 1/21/1982

901:5-1-03 Labeling requirements for fertilizer mixtures.

No person shall distribute any fertilizer mixture if the label includes the term:

(A) "Organic" unless the mixture includes naturally occurring substances generally recognized as hydrogen compounds of carbon and their derivatives;

(B) "Organic Nitrogen" unless:

(1) The mixture includes naturally occurring substances or synthetic compounds of which at least sixty percent of the total nitrogen is water insoluble nitrogen; and

(2) The water insoluble nitrogen content of the mixture shall be not less than fifteen percent of the total nitrogen.

R.C. 119.032 review dates: 05/17/2013 and 05/17/2018
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.44
Prior Effective Dates: 2/20/69

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

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

(B) No person shall distribute a mixture of fertilizer as defined in section 905.31 of the Revised Code from any bulk storage facility to more than one consumer unless he:

(1) Labels the storage facility to show the grade of the mixture;

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

(C) Each manufacturer or distributor of fertilizer or fertilizer mixtures shall include the date of delivery on each shipping invoice or delivery ticket for each shipment of bulk fertilizer to a non-licensee.

Effective: 08/04/2013
R.C. 119.032 review dates: 05/20/2013 and 08/04/2018
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.44
Prior Effective Dates: 02/20/1969

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

(A) No person shall distribute any fertilizer or mixture of fertilizers 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 quantity 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 quantity:

(1) Quantity of fertilizer delivered;

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

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

R.C. 119.032 review dates: 05/17/2013 and 05/17/2018
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.44
Prior Effective Dates: 2/20/1969, 1/21/1982

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

(A) Any fertilizer as defined in section 905.31 of the Revised Code is mislabeled if the director of agriculture determines after analysis of said fertilizer that the percentage of total nitrogen, available phosphoric acid (P2 O5 ), or soluble potash (K20) in the fertilizer is more than one-half per cent point below the percentage guaranteed;

(B) 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 (P2 O5 ), 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: 08/04/2013
R.C. 119.032 review dates: 05/20/2013 and 08/04/2018
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.44
Prior Effective Dates: 2/20/69