A. Labeling.
1. The grade numbers for primary nutrients that accompany the brand name of a commercial fertilizer shall be listed on the label in the following order: total nitrogen, available phosphate, and soluble potash. Other guaranteed nutrient values shall not be included with the grade numbers unless:
- a. The guaranteed nutrient value follows the grade number;
- b. The guaranteed nutrient value is immediately preceded with the name of the claimed nutrient to which it refers in the guaranteed analysis; and
- c. The name printed on the label is as prominent as the numbers.
- 2. The materials from which claimed nutrients are derived shall be listed on the label.
- 3. No grade is required for fertilizer materials that claim no primary plant nutrient (i.e., 0‑0‑0).
- 4. All guaranteed nutrients, except phosphate and potash, shall be stated in terms of elements.
- 5. The label shall include the brand name of a fertilizer. Misleading or confusing numerals shall not be used in the brand name on the label.
- 6. Fertilizer material not defined in the Official Publication may be used as fertilizer material if a definition or other method of analysis and agronomic data for fertilizer material is approved by the Associate Director.
B. Claims and misleading statements.
- 1. Any nutrient claimed as a fertilizer material shall be accompanied by a minimum guarantee for the nutrient. An ingredient shall not be claimed as a nutrient unless a laboratory method of analysis approved by the Associate Director exists for the nutrient.
- 2. Scientific data supporting the claim of improved efficacy or increased productivity shall be made available for inspection to the Associate Director upon request.
- 3. If the name of a fertilizer material is used as part of a fertilizer brand name, such as blood, bone or fish, the guaranteed nutrients shall be derived from or supplied entirely by the named fertilizer material.
- 4. Fertilizer material subject to this Article and applicable laws shall not bear false or misleading statements.
C. Deficiencies.
- 1. The value of a nutrient deficiency in a fertilizer material shall take into account total value of all nutrients at the guaranteed level and the price of the fertilizer material at the time of sale.
- 2. A deficiency in an official sample of mixed fertilizer resulting from non-uniformity is not distinguishable from a deficiency due to actual plant nutrient shortage and is subject to official action.
- D. All investigational allowances shall be conducted as prescribed in the Official Publication.
E. Leased fertilizer material storage containers shall be clearly labeled with the following:
- 1. Grade numbers;
- 2. Brand name, if applicable; and
- 3. The statement, “Leased by (Name and address of lessor) to (Name and address of lessee).”
Historical Note
Former rule IV; Former Section R3-3-24 renumbered and amended as Section R3-3-21, new Section R3-3-24 adopted effective January 12, 1978 (Supp. 78-1). Section R3-3-804 renumbered from R3-3-24 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2). New Section adopted by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4). Amended by final rulemaking at 30 A.A.R. 89 (January 19, 2024), effective March 4, 2024 (Supp. 24-1).