CHAPTER
Agr 1100 FERTILIZERS
Statutory
Authority: RSA 431:5, RSA 431:6, RSA
431:7, RSA 431:8, RSA 431:9, RSA 431:10, RSA 431:13
PART
Agr 1101 DEFINITIONS
Agr 1101.01 “Coated slow release fertilizer” means
a product containing sources of water soluble nutrients, release of which in
the soil is controlled by a coating applied to the fertilizer.
Source.
#5436, eff 7-22-92, EXPIRED: 7-22-98
New. #7218, eff 3-29-00, EXPIRED: 3-29-08
New. #10464, eff 11-26-13
Agr 1101.02 “Enhanced efficiency” means fertilizer
products with characteristics that allow increased plant uptake and reduce
potential of nutrient losses to the environment, for example, gaseous losses,
leaching, or runoff, when compared to an appropriate reference product.
Source. #5436, eff 7-22-92, EXPIRED: 7-22-98
New. #7218, eff 3-29-00, EXPIRED: 3-29-08
New. #10464, eff 11-26-13
Agr 1101.03 “Guarantee analysis” means guaranteed analysis
as defined in RSA 431:3, X.
Source. #5436, eff 7-22-92, EXPIRED: 7-22-98
New. #7218, eff 3-29-00, EXPIRED: 3-29-08
New. #10464, eff 11-26-13
Agr 1101.04 "Micronutrients" means the following
plant food elements which are essential for the normal growth of plants and
which are required by plants in relatively small amounts:
(a) Boron;
(b) Chlorine;
(c) Cobalt;
(d) Copper;
(e) Iron;
(f) Manganese;
(g) Molybdenum;
(h) Sodium; and
(i) Zinc.
Source. #7218, eff 3-29-00, EXPIRED: 3-29-08
New. #10464, eff 11-26-13 (from Agr 1101.02)
Agr 1101.05 “Natural fertilizer” means a substance
composed only of natural organic and/or natural inorganic fertilizer materials
and natural fillers.
Source. #7218, eff 3-29-00, EXPIRED: 3-29-08
New.
#10464, eff 11-26-13
Agr 1101.06 “Organic fertilizer” means a material
containing carbon and one or more elements other than hydrogen and oxygen
essential for plant growth.
Source. #7218, eff 3-29-00, EXPIRED: 3-29-08
New.
#10464, eff 11-26-13
Agr 1101.07 “Percentage" means the amount of
individual plant nutrients in relation to the total product by weight.
Source. #10464, eff 11-26-13 (from Agr 1101.03)
Agr 1101.08 “Polymer coated fertilizer” means a coated slow release fertilizer consisting of fertilizer particles
coated with a polymer, resin. It is a
source of slowly available plant nutrient.
Source. #10464, eff 11-26-13
Agr 1101.09 "Primary nutrients" means the
following plant food elements which are essential for plant growth and which
are required by plants in relatively large amounts:
(a) Nitrogen (N);
(b) Available phosphate (P2O5); and
(c) Soluble potash or potassium (K2O).
Source. #10464, eff 11-26-13 (from Agr 1101.04)
Agr 1101.10 “Product grade” means the shorthand representation
of the minimum guarantee of available nutrient content expressed in terms of
total nitrogen, available phosphate and soluble potash with each guarantee
separated by a hyphen, for example, 19-19-19.
Source. #10464, eff 11-26-13
Agr 1101.11 "Secondary nutrients" means the
following plant food elements which are essential for the normal growth of
plants and which are required by plants in lesser amounts than the primary
nutrients and greater amounts than the micronutrients:
(a) Calcium;
(b) Magnesium; and
(c)
Sulfur.
Source. #10464, eff 11-26-13 (from Agr 1101.05)
Agr 1101.12 “Slow or controlled release fertilizer” means
a fertilizer in which one or more of the nutrients have limited solubility in
the soil solution, so that they become available to the growing plant over a period of time. The
limited solubility might be an inherent characteristic of the fertilizer or can
be imparted to a soluble fertilizer by coating the particle with such materials
as waxes and plastics. A slow or controlled release fertilizer
contains a plant nutrient in a form which delays its availability for plant
uptake and use after application, or which extends its availability to the
plant significantly longer than a reference “rapidly available nutrient
fertilizer” such as ammonium nitrate or urea, ammonium phosphate or potassium
chloride. Such delay of initial availability or extended time of continued
availability can occur by a variety of mechanisms. These include controlled water solubility of
the material by semi-permeable coatings, occlusion, or by inherent water
insolubility of polymers, natural nitrogenous organics, protein materials, or
other chemical forms, by slow hydrolysis of water soluble low molecular weight
compounds, or by other unknown means.
Source. #10464, eff 11-26-13
Agr 1101.13 “Starter fertilizer” means a fertilizer
formulated for a one-time application at planting or near that time to
encourage root growth and enhance the initial establishment.
Source. #10464, eff 11-26-13
Agr 1101.14 "Unit" means 20 pounds of plant food
or one percent of a ton.
Source. #10464, eff 11-26-13 (from Agr 1101.06)
PART Agr 1102 SECONDARY
AND MICRO PLANT NUTRIENTS
Agr 1102.01 Secondary and Micro Plant Nutrients.
(a) Secondary and micro plant nutrients when
mentioned in any form or manner on a fertilizer product
shall be registered and shall be guaranteed as
specified in RSA 431:4.
(b) Guarantees shall be stated in terms of the
elements.
(c) If chelated, water soluble or other forms are
claimed or advertised, the form and percentage shall be guaranteed separately.
(d) Sources of the guaranteed elements and proof of nutrient availability, including but not limited to test
results, shall be provided to the commissioner upon request.
(e) Except guarantees for those water soluble nutrients labeled for ready to use foliar fertilizers, ready to use
specialty liquid fertilizers, hydroponic or continuous liquid feed programs and guarantees for
potting, garden and lawn soils, and guarantees for horticultural
growing media, which are exempted by RSA 431:3, VII, the minimum percentages which will be accepted for
registration shall be as shown below in Table
1102-1 Minimum Percentages:
Table 1102-1
Minimum Percentages
Element |
Minimum Concentration, % |
|
|
Calcium (Ca) |
1.0000 |
Magnesium (Mg) |
0.5000 |
Sulfur (S) |
1.0000 |
Boron (B) |
0.0200 |
Chlorine (Cl) |
0.1000 |
Cobalt (Co) |
0.0005 |
Copper (Cu) |
0.0500 |
Iron (Fe) |
0.1000 |
Manganese (Mn) |
0.0500 |
Molybdenum (Mo) |
0.0005 |
Nickel (Ni) |
0.0010 |
Sodium (Na) |
0.1000 |
Zinc (Zn) |
0.0500 |
(f) Only guarantees or claims for the plant nutrients in Table 1102-1 shall be accepted.
(g) Proposed labels and directions for the use of the fertilizer
shall be furnished with the application for registration.
(h) Any of the elements listed in Table 1102-1 which are
guaranteed shall appear in the order listed
immediately following guarantees for the primary nutrients of nitrogen, phosphate and potash.
Source. #1769, eff 6-30-81; ss by #2408, eff 6-30-83;
ss by #2889, eff 10-22-84; amd by #4275, eff 6-29-87; ss by #5436, eff 7-22-92,
EXPIRED: 7-22-98
New. #7218, eff 3-29-00, EXPIRED: 3-29-08
New. #10464, eff 11-26-13
PART Agr 1103 FERTILIZER LABELS
Agr
1103.01 Fertilizer Labels.
(a) The following information shall be the minimum required for all fertilizer labels:
(1) Net weight;
(2) Brand or product name, of
which shall not be misleading as to the purpose and guarantees;
(3) Product grade,
if primary nutrients are claimed;
(4) Guaranteed analysis,
including:
Total Nitrogen
(N) ________%
________% Ammoniacal Nitrogen
________% Nitrate Nitrogen
________% Water Insoluble
Nitrogen
________% Urea Nitrogen
________% (Other recognized and determinable forms of N)
Available Phosphate (P2O5) ________%
Soluble Potash (K2O)
________%
(Other nutrients, elemental basis)
________%
a. Zero guarantees shall not be made and shall not appear in statement except in nutrient guarantee breakdowns;
b. If chemical forms of
N are claimed or required, the form shall be shown. No implied order of the forms of nitrogen shall be intended; and
c. As prescribed by Agr 1102.01;
(5) Sources of nutrients, when
shown on the label, shall be listed below the completed guaranteed analysis statement;
(6) Name and mailing address of registrant; and
(7) Directions for use of
the fertilizer for the consumer, as follows:
a. For specialty fertilizer,
minimum directions for use shall include:
1. Recommended application rate
or rates in units of weight or volume per unit of area coverage. Where
application rates are given in volume, the label shall provide sufficient
information to calculate the application rates by weight;
2. Application timing and
minimum intervals to apply the product when plants can utilize nutrients; and
3. The statement “Apply Only as
Directed” or a statement of similar designation; and
b. For all other fertilizers,
minimum directions for use shall include at least one of the following:
1. A statement such as:
Use in accordance with recommendations of a qualified individual or institution, such as, but not limited
to, a certified crop advisor, agronomist, university crop extension publication, or apply according to
recommendations in your approved nutrient management plan; or
2. Detailed directions for a
specific use; and
(8) The following caution statement
shall be required on all labels for fertilizers containing any prohibited
materials under 21 CFR 589.2000 or Cattle Materials Prohibited in Animal
Feed (CMPAF) under 21 CFR 589.2001:
CAUTION: Do not eat, feed to
animals, or apply to land used for grazing ruminant animals. Wash hands thoroughly with soap and water
after handling and before eating or smoking.
(b) For packaged products, the label requirements shall either:
(1) Appear on the front or back
of the package;
(2) Occupy at least the
upper-third of a side of the package; or
(3) Be printed on a tag and attached to the package.
(c) The label requirements shall be in a readable
and conspicuous form.
(d) For bulk products, the label requirements shall be written or printed form shall accompany delivery and be supplied to the purchaser at time of delivery.
Source. #1769, eff 6-30-81; ss by #2408, eff 6-30-83;
ss by #2889, eff 10-22-84, EXPIRED 10-22-90
New. #5436, eff 7-22-92, EXPIRED: 7-22-98
New. #7218, eff 3-29-00, EXPIRED: 3-29-08
New. #10464, eff 11-26-13
Agr 1103.02 Slowly Released Plant Nutrients.
(a)
No fertilizer label shall bear a statement that connotes or implies that certain plant nutrients contained in a fertilizer are
released slowly over a period of time, unless the slow release components are identified and guaranteed at a level of at least 15% of the total
guarantee for that nutrient(s).
(b)
Types of products with slow release properties recognized shall
include:
(1) Water insoluble, such as:
a. Natural organics;
b. Ureaform materials;
c. Urea-formaldehyde products; and
d. Isobutylidene diurea, and oxamide;
(2) Coated slow release, such as sulfur coated urea and other encapsulated soluble fertilizers;
(3) Occluded slow release, where fertilizers or fertilizer
materials are mixed with waxes, resins, or other inert materials and formed into particles; and
(4) Products containing water soluble nitrogen such as:
a. Ureaform materials;
b. Urea-formaldehyde products;
c. Methylenediurea (MDU);
d. Dimethylenetriurea (DMTU); and
e. Dicyanodiamide (DCD).
(c) The terms, "water insoluble", "coated slow release", "slow release", "controlled release", "slowly available
water soluble", and "occluded slow
release" shall be accepted as
descriptive of these products, provided the manufacturer can show a testing program
substantiating the claim as specified in (d)
below. Testing shall be under guidance of Experiment Station personnel or a researcher who follows Association of
Official Analytical Chemists (AOAC) methods.
(d) Pursuant to RSA 431:7, II, until more
appropriate testing methods are developed, the Association of
Official Analytical Chemists (AOAC) International Method 970.04, shall be used to
confirm the coated slow release and occluded slow release nutrients and others whose slow
release characteristics depend on particle size.
(e) The AOAC International Method 945.01 shall be used to
determine the water insoluble nitrogen of organic materials.
Source. #1769, eff 6-30-81; ss by #2408, eff 6-30-83;
ss by #2889, eff 10-22-84, EXPIRED 10-22-90
New. #5436, eff 7-22-92, EXPIRED: 7-22-98
New. #7218, eff 3-29-00, EXPIRED: 3-29-08
New. #10464, eff 11-26-13
PART Agr 1104 NAMES OF COMMERCIAL FERTILIZERS
Agr
1104.01 Names of Commercial
Fertilizers.
(a) Except as the commissioner designates
otherwise in specific cases under these rules, or by statute, the names and definitions for commercial fertilizers shall be those adopted by the Association of American Plant Food
Control Officials (AAPFCO), and published in the AAPFCO Official Publication,
Edition No. 65, available as specified in Appendix II.
Source. #1769, eff 6-30-81; ss by #2408, eff 6-30-83;
ss by #2889, eff 10-22-84, EXPIRED 10-22-90
New. #5436, eff 7-22-92, EXPIRED: 7-22-98
New. #7218, eff 3-29-00, EXPIRED: 3-29-08
New. #10464, eff 11-26-13
Agr 1104.02 Percentages.
(a) The term of "percentage" by symbol or word, when used on a fertilizer
label shall represent only the amount of
individual plant nutrients in relation to the total product by weight.
Source. #10464, eff 11-26-13
PART Agr 1105 INVESTIGATIONAL
ALLOWANCES
Agr 1105.01 Commercial Fertilizer Deficiency.
(a) A commercial fertilizer shall be deemed
deficient if the analysis of any nutrient is below the guarantee by an amount exceeding the values listed below in Table 1105-1
Commercial Fertilizer Deficiencies, or if the overall index value of the fertilizer is below 98%:
Table 1105-1
Commercial Fertilizer Deficiencies
Guarantee |
Nitrogen |
Avail. Phosphate |
Sol. Potash |
percent |
(N) |
(P2O5) |
(K2O) |
|
|
Investigational Allowance, percent |
|
04 or less |
0.49 |
0.67 |
0.41 |
05 |
0.51 |
0.67 |
0.43 |
06 |
0.52 |
0.67 |
0.47 |
07 |
0.54 |
0.68 |
0.53 |
08 |
0.55 |
0.68 |
0.60 |
09 |
0.57 |
0.68 |
0.65 |
10 |
0.58 |
0.69 |
0.70 |
12 |
0.61 |
0.69 |
0.79 |
14 |
0.63 |
0.70 |
0.87 |
16 |
0.67 |
0.70 |
0.94 |
18 |
0.70 |
0.71 |
1.01 |
20 |
0.73 |
0.72 |
1.08 |
22 |
0.75 |
0.72 |
1.15 |
24 |
0.78 |
0.73 |
1.21 |
26 |
0.81 |
0.73 |
1.27 |
28 |
0.83 |
0.74 |
1.33 |
30 |
0.86 |
0.75 |
1.39 |
32 |
0.88 |
0.76 |
1.44 |
34 |
* |
0.79 |
1.46 |
36 |
* |
0.83 |
1.49 |
38 |
* |
0.86 |
1.51 |
40 |
* |
0.90 |
1.54 |
42 |
* |
0.93 |
1.56 |
44 |
* |
0.96 |
1.58 |
46 |
* |
1.00 |
1.61 |
48 |
* |
1.03 |
1.63 |
50 |
* |
1.07 |
1.66 |
52 |
* |
1.10 |
1.68 |
54 |
* |
# |
1.70 |
56 |
* |
# |
1.73 |
58 |
* |
# |
1.75 |
60 |
* |
# |
1.78 |
62 |
* |
# |
1.80 |
* For N guarantees above 32%, the investigational
allowance shall be 0.88 |
|||
# For P2O5 guarantees above
52% and K2O guarantees above 62%, |
|||
contact
the AAPFCO IA Investigator. |
|
(b) For guarantees not listed in Table 1105-1, the
Department shall calculate the appropriate value by interpolation.
Source. #1769, eff 6-30-81; ss by #2408, eff 6-30-83;
ss by #2889, eff 10-22-84, EXPIRED 10-22-90
New. #5436, eff 7-22-92, EXPIRED: 7-22-98
New. #7218, eff 3-29-00, EXPIRED: 3-29-08
New. #10464, eff 11-26-13
Agr 1105.02 Overall Index Value.
(a) The overall index value of a fertilizer, (V2
/ V1) X 100, shall be determined as follows:
(1) “V1” means the commercial value
guaranteed, as determined by multiplying the guaranteed percentage of a
nutrient by the unit value of that nutrient.
The results are then added together. Unit values of the nutrients used shall be
those referred to in RSA 431:9;
(2) “V2” means the commercial value
found, as determined by multiplying the found percentage of a nutrient by the
unit value of that nutrient. The results
are then added together. Unit values of the nutrients used shall be
those referred to in RSA 431:9; and
(3) To calculate the overall index value the
manufacturer shall divide V2 by V1, and then multiply the
result by 100, as in the formula below:
Overall index
value = (V2 / V1) X 100
Source. #1769, eff 6-30-81; ss by #2408, eff 6-30-83;
ss by #2889, eff 10-22-84, EXPIRED 10-22-90
New. #5436, eff 7-22-92, EXPIRED: 7-22-98
New. #7218, eff 3-29-00, EXPIRED: 3-29-08
New.
#10464, eff 11-26-13
Agr.1105.03 Commercial Values to be Applied.
(a) For the purpose of determining the commercial
values to be applied under the provisions of RSA 431:8 and RSA 431:9, the
values per unit of nitrogen, phosphate and potash in commercial fertilizer
shall be as follows:
(1) Nitrogen, $12.00 per unit;
(2) Phosphate, $19.00 per unit; and
(3) Potash, $10.00 per unit.
Source. #1769, eff 6-30-81; ss by #2408, eff 6-30-83;
ss by #2889, eff 10-22-84, EXPIRED 10-22-90
New. #5436, eff 7-22-92, EXPIRED: 7-22-98
New. #7218, eff 3-29-00, EXPIRED: 3-29-08
New. #10464, eff 11-26-13 (from Agr 1105.02)
Agr 1105.04 Deficiency of Secondary Nutrients and
Micronutrients.
(a) Secondary nutrients and micronutrients shall
be those listed in Table 1102-1 Minimum Percentages.
(b) Secondary nutrients and micronutrients shall
be deemed deficient if the analysis of any element is below the guarantee by an amount exceeding the values
calculated according to Table 1105-2:
Table 1105-2
Secondary and Minor Element Deficiencies
Element |
Investigational Allowance |
Calcium |
0.2 unit + 5% of
guarantee |
Magnesium |
0.2 unit + 5% of
guarantee |
Sulfur |
0.2 unit + 5% of
guarantee |
Boron |
0.003 unit + 15% of
guarantee |
Cobalt |
0.0001 unit + 30% of
guarantee |
Chlorine |
0.005 unit + 10% of
guarantee |
Copper |
0.005 unit + 10% of
guarantee |
Iron |
0.005 unit + 10% of
guarantee |
Manganese |
0.005 unit + 10% of
guarantee |
Molybdenum |
0.0001 unit + 30% of
guarantee |
Sodium |
0.005 unit + 10% of
guarantee |
Zinc |
0.005 unit + 10% of
guarantee |
|
(c) The maximum allowance when calculated in
accordance to the above shall be one unit, which
equals one percentage point.
Source. #10464, eff 11-26-13 (from Agr 1105.03)
PART Agr 1106 INSPECTION
FEE AND SEMI-ANNUAL TONNAGE REPORT
Agr 1106.01 Inspection Fee.
(a) Under RSA 431:6 each person distributing
commercial fertilizer shall pay an inspection fee of 20 cents per ton of
fertilizer sold in New Hampshire, with a minimum fee of $5.
(b) Such fee shall be payable at the time of
filing the semi-annual tonnage report as specified in RSA 431:6.
Source. #1769, eff 6-30-81; ss by #2408, eff 6-30-83;
ss by #2889, eff 10-22-84, EXPIRED 10-22-90
New. #5436, eff 7-22-92, EXPIRED: 7-22-98
New. #7218, eff 3-29-00, EXPIRED: 3-29-08
Source. #10464, eff 11-26-13
Agr 1106.02 Semi-Annual Tonnage Report.
(a) The semi-annual tonnage report shall list the
following:
(1) The period for which the report covers;
(2) The tons sold of each grade and type of
material;
(3) Whether the tonnage sold is dry or liquid and
bagged or bulk;
(4) The company name and address; and
(5) The name, title, and signature of the person
completing the report.
(b) The semi-annual tonnage report, with the
minimum fee in Agr 1106.01(a), shall be filed even if
no fertilizer has been distributed in New Hampshire.
Source. #1769, eff 6-30-81; ss by #2408, eff 6-30-83;
ss by #2889, eff 10-22-84, EXPIRED 10-22-90
New. #5436, eff 7-22-92, EXPIRED: 7-22-98
New. #7218, eff 3-29-00, EXPIRED: 3-29-08
Source. #10464, eff 11-26-13
PART Agr 1107 SAMPLING
Agr 1107.01 Sampling.
(a) Sampling equipment and procedures shall be
those adopted by the AOAC International, wherever applicable, as described in
RSA 431:7, II.
Source. #10464, eff 11-26-13
PART Agr 1108 BREAKDOWN
OF PLANT FOOD ELEMENTS WITHIN THE GUARANTEED ANALYSIS
Agr 1108.01 Breakdown of Plant Food Elements Within the
Guaranteed Analysis.
(a) When a plant nutrient guarantee is broken down
into the component forms, the percentage for each component shall be shown
before the name of the form.
Source. #10464, eff 11-26-13
PART Agr 1109 ORGANIC
NITROGEN
Agr. 1109.01 Organic Nitrogen.
(a) If an amount of nitrogen is designated as
organic then the water insoluble nitrogen or the slow release
nitrogen guarantee must not be less than 60% of the nitrogen so
designated. Coated urea shall not be
included in meeting the 60% requirement.
Source. #10464, eff 11-26-13
Appendix
I
Rule |
Specific State Statute which the Rule
is Intended to Implement |
Agr 1100 |
RSA 431:13 |
(Specific rules
implementing other statues are listed below.) |
|
Agr 1103 |
RSA 431:5, RSA
431:10 |
Agr 1105 |
RSA 431:8 |
Agr 1105.02 |
RSA 431:9 |
Agr 1106 |
RSA 431:6 |
Agr 1107 |
RSA 431:7 |
Agr 1108 |
|
Agr 1109 |
|
Appendix II
Rule |
Material Incorporated |
How Material May be Obtained |
Agr 1104.01 |
Names and
definitions for commercial fertilizers |
Association of
American Plant Control
Officials No. 1 Natural
Resources Dr. Little Rock, AR
72205 |