Utah Code 4-13-104. Labeling requirements for fertilizer and soil amendments specified

(1)

A container of fertilizer distributed in this state shall bear a label in clearly legible and conspicuous form setting forth the:

Terms Used In Utah Code 4-13-104

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.
Beneficial substances or compounds: means a substance or compound other than primary, secondary, and micro plant nutrients that can be demonstrated by scientific research to be beneficial to one or more species of plants when applied exogenously. See Utah Code 4-13-102
Blender: means a person engaged in the business of blending or mixing fertilizer, soil amendments, or both. See Utah Code 4-13-102
Custom blend: means a fertilizer blended according to specification provided to a blender in a soil test nutrient recommendation or to meet the specific consumer request before blending. See Utah Code 4-13-102
Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Fertilizer: means a substance that contains one or more recognized plant nutrients that is used for the substance's plant nutrient content and is designed for use or claimed to have value in promoting plant growth, exclusive of unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted by rule. See Utah Code 4-13-102
Fertilizer material: means a fertilizer that contains:

(a)	quantities of no more than one of the primary plant nutrients, nitrogen (N), phosphate (P2O5), Potash (K2O);

(b)	85% plant nutrients in the form of a single chemical compound; or

(c)

plant or animal residues or by-products, or a natural material deposit that is processed so that its primary plant nutrients have not been materially changed, except through purification and concentration. See Utah Code 4-13-102

Grade: means the percentage of total nitrogen, available phosphate and soluble potash stated in the same terms, order, and percentages as in the guaranteed analysis. See Utah Code 4-13-102

Guaranteed analysis: means the minimum percentage by weight of plant nutrients claimed in the following order and form:


	Total Nitrogen (N)	____ percent. See Utah Code 4-13-102 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)	brand name and grade;

(b)

guaranteed analysis, except that:

(i)	sources of nutrients, when shown on the label, shall be listed below the completed guaranteed analysis in order of predominance;

(ii)	guarantees of zeros may not be made and may not appear in statement except in nutrient guarantee breakdowns; and

(iii)

if chemical forms of nitrogen are claimed or required, the form shall be shown, but no implied order of the forms of nitrogen is intended;

(c)	derivation statement of guaranteed nutrients, nonplant food ingredients, and beneficial substances or compounds if present;

(d)	directions for use when applicable;

(e)	caution or warning statement when applicable;

(f)	name and address of the registrant or the manufacturer, if different from the registrant;

(g)	net weight or volume; and

(h)	lot number.

(2)	A container of specialty fertilizer distributed in this state shall bear a label in clear, legible, and conspicuous form setting forth the information specified in Subsections (1)(a) through (h).

(3)

A shipment of custom blend fertilizer shall be accompanied by a printed or written statement setting forth the:

(a)	information specified in Subsections (1)(a) through (c);

(b)	name and address of the licensed blender;

(c)	net weight or volume; and

(d)	lot number.

(4)

A shipment of fertilizer material shall be accompanied by a printed or written statement setting forth the:

(a)	information specified in Subsections (1)(a) through (c);

(b)	name and address of the registrant if different from the supplier or shipper;

(c)	net weight or volume; and

(d)	lot number.

(5)	The grade is not required on a fertilizer label when no primary nutrients are claimed or are less than one percent.

(6)	Additional nutrient guarantees may not be an extension of the grade statement and shall be a separate line or include terms such as “plus,” “with,” or “including.”

(7)

A soil amendment distributed in the state shall bear a label in clearly legible and conspicuous form setting forth the:

(a)	brand name;

(b)

guaranteed analysis, which includes:

(i)	nonplant food ingredients separated out by soil amending ingredients and other total ingredients, in that order, by percentages; and

(ii)	nonsoil amending ingredients separating out beneficial substances and beneficial compounds, in that order, by percentage or acceptable units;

(c)	purpose of product;

(d)	direction for application;

(e)	caution or warning statement when applicable;

(f)	name and address of registrant; and

(g)	net weight or volume.

(8)	The department may require proof of claims made, usefulness, and value of the soil amendments.

(9)	For evidence of proof the department may rely on experimental data, evaluations, or advice supplied from such sources as the director of the Agricultural Experiment Station. The experimental design shall be related to state conditions for which the product is intended.

(10)	Information or a statement may not appear on a package, label, delivery slip, or advertising matter that is false or misleading to the purchaser as to the use, value, quality, analysis, type, or composition of the soil amendment.

(11)

A fertilizer is misbranded if:

(a)	the fertilizer’s labeling is false or misleading in any particular;

(b)	the fertilizer is distributed under the name of another fertilizer product;

(c)	the fertilizer is not labeled as required; or

(d)	the fertilizer purports to be or is represented as fertilizer, or is represented as containing a plant nutrient fertilizer that does not conform with the definition of identity or any commonly accepted definitions of official fertilizer terms.

Amended by Chapter 311, 2020 General Session

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