(a)Each brand or grade or formula of fertilizer or beneficial substance shall be registered in the name of the person whose name appears upon the label before being distributed in this State. The application for registration shall be submitted to the Secretary on a form furnished by the Agency of Agriculture, Food and Markets and shall be accompanied by a fee of $85.00 per grade or formulation registered. Upon approval by the Secretary, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year. The application shall include the following information:
(1)the brand and grade or formulation;
(2)the guaranteed analysis if applicable; and
(3)the name and address of the registrant.
(b)A distributor shall not be required to register
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(a) Each brand or grade or formula of fertilizer or beneficial substance shall be registered in the name of the person whose name appears upon the label before being distributed in this State. The application for registration shall be submitted to the Secretary on a form furnished by the Agency of Agriculture, Food and Markets and shall be accompanied by a fee of $85.00 per grade or formulation registered. Upon approval by the Secretary, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year. The application shall include the following information:
(1) the brand and grade or formulation;
(2) the guaranteed analysis if applicable; and
(3) the name and address of the registrant.
(b) A distributor shall not be required to register any fertilizer or beneficial substance that is already registered under this chapter by another person, provided there is no change in the label for the fertilizer or beneficial substance.
(c) Each beneficial substance brand shall refer to a specific formulation. Different brands may refer to the same specific formulation. Products for which formulations change, such as changes in the “Contains Beneficial Substances” analysis, statement of composition, or anything that implies a different product, must obtain a new registration with a brand that distinguishes it from the previous formulation.
(d) A distributor shall not be required to register each grade of fertilizer formulated or each formulation of soil amendment according to specifications that are furnished by a consumer prior to mixing but shall be required to label the fertilizer or soil amendment as provided in subsection 365(b) of this title.
(e) The Secretary may request additional proof of testing of products prior to registration for guaranteed analyses or adulterants.
(f) Each separately identified agricultural lime product shall be registered before being distributed in this State. Registration shall be performed in the same manner as fertilizer registration except that each application shall be accompanied by a fee of $50.00 per product.
(g) The registration and tonnage fees, along with any deficiency penalties collected pursuant to sections 331 and 372 of this title, shall be deposited in a special fund. Funds deposited in this fund shall be restricted to implementing and administering the provisions of this title and any other provisions of law relating to feeds and seeds. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1999, No. 49, § 107; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 72, § 20; 2013, No. 72, § 17; 2015, No. 149 (Adj. Sess.), § 4; 2021, No. 41, § 10; 2025, No. 59, § 1, eff. July 1, 2025.)