80-10-201. Registration. (1) (a) Each brand and grade of fertilizer and each soil amendment except unmanipulated animal or vegetable manures must be registered by the manufacturer or the supplier on behalf of the manufacturer before distribution in this state. The application for registration must be submitted to the department on a form approved by the department and must be accompanied by:

Terms Used In Montana Code 80-10-201

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Blending: means the physical mixing or combining, including mixing through simultaneous or sequential application, of any combination of materials to produce a uniform mixture of:

    (a)one or more fertilizer materials with one or more filler materials; or

    (b)two or more fertilizer materials. See Montana Code 80-10-101

  • Brand: means a term, design, or trademark used in connection with one or several grades of commercial fertilizer. See Montana Code 80-10-101
  • Commercial fertilizer: includes any substance containing one or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, yield, or quality of the crop. See Montana Code 80-10-101
  • Grade: means the percentages of total nitrogen, available phosphate, and soluble potash stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis. See Montana Code 80-10-101
  • Guaranteed analysis: means the minimum percentage of plant nutrients as described in 80-10-102. See Montana Code 80-10-101
  • Label: means the display of all written, printed, or graphic matter on a container or a statement accompanying a fertilizer or soil amendment. See Montana Code 80-10-101
  • Labeling: means all written, printed, or graphic matter on or accompanying any fertilizer or soil amendment and advertisements, brochures, websites, posters, and television and radio announcements used in promoting the sale of a fertilizer or soil amendment. See Montana Code 80-10-101
  • Licensee: means a person licensed under 80-10-202. See Montana Code 80-10-101
  • Manufacturer: means a person who manufactures commercial fertilizer or soil amendments. See Montana Code 80-10-101
  • Person: means an individual, partnership, association, firm, or corporation. See Montana Code 80-10-101
  • Registrant: means the person who registers a commercial fertilizer or a soil amendment. See Montana Code 80-10-101
  • Soil amendment: means any substance that is intended to improve the physical or chemical characteristics of soil. See Montana Code 80-10-101
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Supplier: means a person who distributes fertilizers or soil amendments into Montana. See Montana Code 80-10-101
  • Unmanipulated animal or vegetable manures: means substances composed primarily of excreta, plant remains, or mixtures of those substances that have not been processed in any manner, including the addition of plant nutrients, drying, grinding, and other means. See Montana Code 80-10-101

(i)a nonrefundable fee of $20 per grade for each fertilizer and for each soil amendment;

(ii)a nonrefundable fee of $35 for each specialty fertilizer; and

(iii)a fee of $10 for each commercial and specialty fertilizer to be used for ground water protection, as required in 80-15-302(3).

(b)Upon approval, the department shall furnish a copy of the registration to the applicant. All registrations expire on December 31 of each year.

(2)(a) The application for registration must include:

(i)the brand and grade;

(ii)the guaranteed analysis;

(iii)the source of each plant food element guaranteed;

(iv)the name and address of the registrant;

(v)the net weight for packaged products;

(vi)an electronic copy of each label and labeling when requested by the department; and

(vii)analytical information on nutrient ingredients and nonnutrient ingredients as required by rule.

(b)The department shall require the applicant to furnish replicated data, performed by a reputable investigator whose work is recognized as acceptable by the director of the agricultural experiment station or the director’s designee, verifying any claims for effectiveness or agricultural value of any fertilizer or soil amendment product that is not generally recognized as having the values claimed at the use rates recommended.

(3)A licensee is not required to register any brand and grade of commercial fertilizer that is already registered under this section by another person.

(4)Registration is not required for custom blends resulting from blending of registered products.

(5)A manufacturer or supplier may not register a product until full payment of the assessment fees provided for in 80-10-103 and 80-10-207 has been received by the department for each product.

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