§ 15-16-2-31 — Commercial fertilizer; label; application; fee; registration; information; analysis; exemptions

Indiana § 15-16-2-31

• Jurisdiction: Indiana
• Art. 16: HORTICULTURE CONTROL
• Ch. 2: Commercial Fertilizers

Text

(a) Before distributing commercial fertilizer
in Indiana, the person whose name appears on the label of each brand
and grade of the commercial fertilizer must submit:
(1) an application for registration to the state chemist on a form
furnished by the state chemist; and
(2) the appropriate filing fee set forth in subsection (b).
(b) The filing fee for commercial fertilizers sold in packages
weighing more than twelve (12) pounds is twenty dollars ($20) for each
grade of each brand. The filing fee for commercial fertilizers sold in
packages weighing not more than twelve (12) pounds is fifty dollars
($50) for each grade of each brand.
(c) Upon approval of the application, the state chemist shall furnish
a copy of the registration to the applicant.
(d) All registrations expire on June 30 each year.
(e) In addition to the appropriate filing fee set forth in subsection
(b), a late filing fee equal to one hundred percent (100%) of the
appropriate filing fee is assessed when:
(1) an application to renew the registration of a commercial
fertilizer under this section is received after July 31; or
(2) a product that must be registered under this section is found
to be in distribution before registration.
(f) An application under subsection (a) must include the following
information:
(1) The name and address of the registrant.
(2) The brand and grade.
(3) The guaranteed analysis showing the minimum percentage of
plant food claimed in the following order and form:
(g) The minimum percentage of plant food in mixed fertilizers under
subsection (f)(3) must be given in whole numbers only. However, the
state chemist may allow fractional numbers to be used under subsection
(f)(3) for specialty fertilizers or if plant food elements or other
additives are added.
(h) For unacidulated mineral phosphatic materials and basic slag:
(1) the total phosphate;
(2) the available phosphate; and
(3) the degree of fineness;
must be guaranteed. For bone, tankage, and other natural organic
phosphate materials, only the total phosphate must be guaranteed.
(i) Additional plant food elements or other additives that are
determinable by chemical methods may be guaranteed only by
permission of the state chemist. The state chemist shall grant
permission only if the state chemist determines, with the advice of the
dean of agriculture of Purdue University or the dean's designee, that the
guarantee would not constitute a misrepresentation and is correct.
Additional plant foods that are guaranteed:
(1) must be included in the guarantee in the form of the element;
and
(2) are subject to inspection and analysis in accordance with the
methods that the state chemist prescribes.
(j) A distributor is not required to register a brand of commercial
fertilizer that is registered under this chapter by another person if the
label used by the distributor does not differ in any respect from that
used by the registrant.
(k) A distributor who acts as a blender is not required under
subsection (a) to register a custom blend that the distributor produces
if the commercial fertilizers blended together to produce the custom
blend are registered under subsection (a). However, a distributor who
acts as a blender shall provide the state chemist with the following
information about each custom blend that the distributor produces:
(1) The name and address of the distributor.
(2) The brand and grade of the custom blend.
(3) The guaranteed analysis of the custom blend showing the
minimum percentage of plant food claimed in the following order
and form:
(A) The percent of total nitrogen (N).
(B) The percent of available phosphate (P2O5).
(C) The percent of soluble potash (K2O).
[Pre-2008 Recodification Citation: 15-3-3-4.]

Legislative History

As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.18.