(1)  A person may not distribute in this state a fertilizer, fertilizer material, soil amendment, or specialty fertilizer if the official sample thereof establishes that the fertilizer, fertilizer material, soil amendment, or specialty fertilizer is deficient in the nutrients or ingredients guaranteed on the label by an amount exceeding the values established by rule.

Terms Used In Utah Code 4-13-106

  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Deficiency: means the amount of nutrient found by analysis to be less than that guaranteed. 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
  • Distribute: means to import, consign, manufacture, produce, compound, mix, blend, or to offer for sale, sell, barter, or supply fertilizer or soil amendments in the state. See Utah Code 4-13-102
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
  • 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
    • (2)  The department shall evaluate and take administrative action the department prescribes for a deficiency beyond the investigational allowances established by the department.

    (3)  A registrant aggrieved by the finding of an official sample deficiency may file a complaint with a court of competent jurisdiction to vacate or amend the finding of the department.

    Amended by Chapter 311, 2020 General Session

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