SECTION 65.17. General Requirements

(a) Primary Plant Nutrients.

(1) Nitrogen, available phosphate and potassium shall be guaranteed on the label of a commercial fertilizer in either of the following forms:

(A) Abbreviated Label; or

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(B) Expanded Label.

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(2) Plant nutrients other than nitrogen, available phosphate, and potassium, when mentioned in any form or manner on the label of a fertilizer product other than in the list of ingredients shall be guaranteed.

(A) Guarantees other than nitrogen, phosphate, and potassium shall be expressed on an elemental basis as a percentage by weight.

(B) Any guarantees or claims for plant nutrients shall appear in the order given, shall immediately follow the guarantees for the nitrogen, available phosphate, and potassium. Absent evidence that an unlisted nutrient fulfills the requirement of subsection (e)(3)-(4) of this section, the only guarantees are as follows:

(i) Inorganic: Calcium (Ca), Magnesium (Mg), Sulfur (S), Boron (B), Chlorine (Cl), Cobalt (Co), Copper (Cu), Iron (Fe), Manganese (Mn), Molybdenum (Mo), Sodium (Na), Selenium (Se), Vanadium (V), Zinc (Zn).

(ii) Organic: Humic acid.

(b) The label shall:

(1) list all components of the fertilizer; or

(2) bear a statement which says in effect, "Information about the components of this lot of fertilizer may be obtained by writing to (name and address of manufacturer/guarantor) and giving the lot number which is found (statement notes location on package)"; or

(3) conform to §65.26(2) of this title (relating to Requirements for Fertilizers Suitable for Use in Organic Production Programs).

(c) The component of a fertilizer must be denoted by its usual or common name or by a name:

(1) as accepted by the United States Department of Agriculture's National Organic Program; or

(2) as defined by a term promulgated by the Association of American Plant Food Control Officials; or

(3) as approved by the Texas Department of Agriculture's Organic Certification Program; or

(4) as approved by the Service.

(d) The label shall display:

(1) directions for use which include both an amount to be applied per unit area and a frequency of use per year; or

(2) a statement which says in effect, "For the agronomic application rates suitable for your geographical area or the maximum allowable non-nutrient application rates per acre, consult a trained soil specialist or write to (name and address of manufacturer/guarantor)."

(e) The registrant of a fertilizer shall furnish to the Service upon request:

(1) the proposed label;

(2) the source of the elements guaranteed;

(3) proof that any non-traditional fertilizer components or additives guaranteed or claimed on the label provide:

(A) long-term safety to animals, plants, and the environment; and

(B) availability and efficacy;

(4) a method acceptable to the Service for determining any component at 50% of the level guaranteed on the label; and

(5) the levels of arsenic, cadmium, cobalt, mercury, molybdenum, nickel, lead and selenium in the product.

(f) Registrants who elect to have their labels conform to subsection (b)(2) and/or subsection (d)(2) of this section shall keep the requisite production and formulation records by customer, by invoice, by lot/batch numbers for 18 months from the production date and make such available to the public on written request and to the Service at any time.

(g) Registrants who elect to have their labels conform to subsection (d)(2) of this section shall not distribute any lot of fertilizer when any one of the elements listed in Table 1 exceeds the limiting value shown.

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(h) Any guarantee of the degree of fineness of unacidulated phosphatic materials stated on the label of a fertilizer product shall be stated in terms of the percentage of the material that will pass the United States standard sieve series number 200 (200 mesh, dry sieve method), adopted by reference under §65.51 of this title (relating to Sampling and Analytical Procedures).

(i) Any guarantee of the degree of fineness of basic slag stated on the label of a fertilizer product shall be stated in terms of the percentage of the material that will pass the United States standard sieve series number 100 (100 mesh, dry sieve method), adopted by reference under §65.51 of this title.

Source Note: The provisions of this §65.17 adopted to be effective September 1, 1998, 23 TexReg 7551; amended to be effective May 19, 1999, 24 TexReg 3707