(a) Each container of a soil amendment shall be labeled on the face or display side in a readable and conspicuous form to show the following information:
- (1) The net weight of the contents;
- (2) The name of the product;
- (3) The guaranteed analysis, including the name and the percentage of each active ingredient and the percentage of inert ingredients;
- (4) A statement as to the purpose of the product;
(5) Adequate directions for use such as:
- (A) Application rates;
- (B) Cultural practices; and
- (C) Plants to be benefitted; and
- (6) The name and address of the registrant.
- (b) Bulk lots shall be labeled by attaching a copy of the label to the invoice which shall be furnished to the purchaser.
(c)
(1)
- (A)
(c)(1)(A) The State Plant Board may require proof of claims made for any soil amendment. - (B)
(i) If no claims are made, the board may require proof of the usefulness and value of the soil amendment.
- (ii) For evidence of proof, the board will rely on experimental data, evaluations, or advice supplied from such sources as:
- (a) (a) The University of Arkansas Agricultural Experiment Station; and
(b) (b) The University of Arkansas Cooperative Extension Service.
(iii) All experimental results shall be related to Arkansas conditions for which the product is intended.
- (C) The board may accept or reject other sources of proof as additional evidence in evaluating soil amendments.
(2) Documentation required:
- (A) Material safety data sheet;
(B) Product label that includes all of the following:
- (i) Directions for product use;
- (ii) The concentration of active and inert ingredients;
- (iii) Mixing instructions;
- (iv) Application rate;
- (v) When and how often to apply (e.g., crop growth stage);
- (vi) How to apply (nozzle restrictions, gallons per acre, environmental conditions, etc.); and
- (vii) Product expiration date (if products contain living organisms);
(C)
- (i)
(C)(i) Statement of product benefit. - (ii) Explain the beneficial effects of the product on soil characteristics and plant growth;
(D) Explanation of the mode of action by which the product benefits or enhances:
- (i) Soil productivity;
- (ii) Fertilizer performance;
- (iii) Microbial activity;
- (iv) Plant growth;
- (v) Yield; or
- (vi) Any other claimed benefit; and
(E)
- (i) Methods of determination.
- (ii) Provide the name of two (2) laboratories and the published method or methods for determination of active and inert ingredient concentrations.
(3) Research requirements:
- (A) Results from replicated, randomized trials following scientific methods and statistically analyzed using accepted methods;
(B)
- (i) Results from research methods, statistical analysis, and results credible and rigorous enough to stand up to a scientific peer review.
- (ii) For example, testimonials or demonstrations without adequate replication and statistical interpretation are not acceptable proof of product efficacy;
(C)
- (i)
(C)(i) A detailed description of research materials and methods used to conduct each field trial, so that the exact experiment could be repeated. - (ii) Soil property and crop management details are required;
(D)
- (i) Studies repeated across space and time to examine crop/soil response across multiple soils, climatic conditions, and production practices that are common to Arkansas and the field environments for which that the product will be marketed.
- (ii) For example:
- (a)
(a) Greenhouse or growth chamber trials are not sufficient evidence of benefit for products that are targeted for field-grown crops; (b) (b) Studies conducted with hydroponic systems and potting media are also not sufficient as evidence for benefits to field-grown crops; and
- (c) (c) Data from studies conducted in climates and/or geographies that are dissimilar to Arkansas are not suitable surrogates for data that are pertinent to Arkansas:
- (1) (1) Soils;
- (2) (2) Conditions; and
(3) (3) Crops; and
(E)
- (i) Studies conducted in Arkansas, on Arkansas soils and climatic conditions, are preferred.
- (ii) Trials conducted in states surrounding Arkansas that have similar soils, production practices, and climatic conditions may be sufficient, provided the experiments are scientifically rigorous.
- (iii) The use of out-of-state information will be evaluated on a case-by-case basis.
(4) Result interpretation:
- (A) The results must be concisely presented, and provide the reader/reviewer with a means of unbiased statistical comparison;
(B)
- (i) The results must directly support the product use information and claim of product benefit printed on the label or other company advertisement.
- (ii) This means that product application rates, frequencies, method of application and placement (e.g. soil, seed, plant, etc...), and timing or timings must be supported by sufficient evidence supporting the use recommendations; and
(C) The results must provide for statistically defensible results regarding the:
- (i) Frequency of positive (statistically significant) agronomic responses;
- (ii) Range of responses; and
- (iii) Average or median response.
(5) Research sources:
(A)
- (i) The source of research and their research credentials must be clearly listed along with contact information (name, address, phone number, and email).
- (ii) Scientists conducting the research must have expertise in soil science and plant/crop production;
(B)
- (i)
(B)(i) The board is required by law to consider pertinent research from "other agencies of the state". - (ii) Therefore, studies conducted by Arkansas university researchers are preferred;
- (C) Studies conducted by scientists outside the state may be considered, provided the research requirements explained above are met;
- (D) Studies conducted by private research entities will be closely scrutinized as private research entities often obtain personal monetary gain from conducting these studies, and their resulting monetary gain may be predicated on whether positive results are obtained from the use of the product; and
- (E)
(E) Results published in reputable, scientific, peer-reviewed journals are preferred for all the above cases.
(6)
(A)
- (i) No soil-amending ingredient may be listed or guaranteed on the labels or labeling of soil amendments without board approval.
- (ii) The board may allow a soil-amending ingredient to be listed or guaranteed on the label or labeling if satisfactory supportive data is provided to the board to substantiate the value and usefulness of the soilamending ingredient.
- (B) When a soil-amending ingredient is permitted to be listed or guaranteed, it must be determinable by laboratory methods and is subject to inspection and analysis.
- (C) The board may prescribe methods and procedures of inspection and analysis of the soil-amending ingredient.
- (D) The board may stipulate, by rule, the quantities of the soil-amending ingredient or ingredients required in soil amendments.
Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules included the following catchline, "(2-19-407) Labeling Requirements and Approval of Ingredients".