Title of Regulation: 2VAC5-400. Rules and Regulations for the Enforcement of the Virginia Fertilizer Law (amending 2VAC5-400-10, 2VAC5-400-30, 2VAC5-400-90).

Statutory Authority: § 3.2-3601 of the Code of Virginia.

Effective Date: March 4, 2009.

Agency Contact: Robert E. Bailey, Program Manager, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-1274, FAX (804) 786-1571, TTY (800) 828-1120, or email robert.bailey@vdacs.virginia.gov.

Summary:

The amendments update citations to reflect the recodification of Title 3.1 to Title 3.2 of the Code of Virginia, which became effective October 1, 2008.

2VAC5-400-10. Definitions.

A. Except as the board designates otherwise in specific cases, the names and definitions for commercial fertilizer shall be those adopted as official by the Association of American Plant Food Control Officials.

B. The following words and terms when used in this chapter shall have the following meaning, unless the context clearly indicates otherwise:

"Commissioner" means the Commissioner of the Virginia Department of Agriculture and Consumer Services.

"Fertilizer Law" means Chapter 10.1 36 (§ 3.1-106.1 3.2-3600 et seq.) of Title 3.1 3.2 of the Code of Virginia, known as the Virginia Fertilizer Act.

"Pesticide Law" means Chapter 14.1 39 (§ 3.1-249.27 (§§ 3.2-3900 and 3.2-3938 et seq.) of Title 3.1 3.2 of the Code of Virginia, known as the Virginia Pesticide Control Act.

2VAC5-400-30. Specialty fertilizer labels.

A. The following information, if not appearing on the face or display side in a readable and conspicuous form, shall occupy at least the upper third of a side of the container, and shall be considered the label. (With the exception of "quantity statement," which must always appear on the display panel of the package or container.)

1. Quantity statement.
2. Brand name.
3. Grade.
4. Guaranteed Analysis:*
	Total Nitrogen (N)	%
		% Ammoniacal Nitrogen*** % Nitrate Nitrogen*** % Water Insoluble Nitrogen** % Urea Nitrogen*** % (Other recognized and determinable forms of N)***
	Available Phosphoric Acid (P2O5)	%
	Soluble Potash (K2O)	%
	Additional Plant Nutrients as prescribed by regulation.
	**Potential Acidity or Basicity	% or	lbs.
	Calcium Carbonate Equivalent per ton.
5. Sources of nutrients, when shown on the label, shall be listed below the completed guaranteed analysis statement.
6. Name and address of registrant.
NOTES: * Zero (0) guarantees should not be made and may not appear in statement except in nutrient guarantee breakdowns. ** If claimed or the statement organic or slow acting nitrogen is used on the label. *** If claimed or required.

B. Slowly available or slowly released plant nutrients.

1. No fertilizer label shall bear a statement that connotes or implies the presence of a slowly available or slowly released plant nutrient unless the nutrient or nutrients are identified and guaranteed at a level of at least 15% of the total guarantee for that nutrient or nutrients.

2. Types of products with slow release properties recognized are (i) water insoluble, such as natural organics, ureaform materials, urea-formaldehyde products, isobutylidene diurea, oxamide, etc., (ii) coated slow release, such as sulfur coated urea and other encapsulated soluble fertilizers, (iii) occluded slow release, where fertilizers or fertilizer materials are mixed with waxes, resins, or other inert materials and formed into particles and (iv) products containing water soluble nitrogen such as ureaform materials, urea-formaldehyde products, methylenediurea (MDU), dimethylenetriurea (DMTU), dicyanodiamide (DCD), etc. The terms "water insoluble," "coated slow release," "slow release," "controlled release," "slowly available water soluble," and "occluded slow release" are accepted as descriptive of these products, provided the manufacturer can show a testing program substantiating the claim (testing under guidance of Experiment Station personnel or a recognized independent researcher acceptable to the commissioner). A laboratory procedure, acceptable to the commissioner for evaluating the release characteristics of the product, must also be provided by the manufacturer upon request of the commissioner.

3. If a label states the amount of organic nitrogen present in a phrase, such as "25.0% organic nitrogen," then the water insoluble nitrogen guarantee must be not less than 60.0% of the nitrogen so designated. Coated urea shall not be included in meeting the 60% requirement.

Example: 10-6-4 Rose Food

25.0% of Nitrogen is Organic

10(Total N) X .25(% N claimed or Organic) X .60

(Average insolubility in H₂O) of organic nitrogen sources = 1.5% WIN

4. Association of Official Analytical Chemist (AOAC) herein referred to as AOAC International analytical methods or those adopted by the commissioner pursuant to § 3.1-106.4 B 3.2-3601 B of the Virginia Fertilizer Act shall be used to substantiate the fact that "Coated-slow release" and "occluded slow release" materials are present.

C. Soil amendment and soil conditioners.

1. Each container of a soil amendment or soil conditioner shall be labeled in a legible and conspicuous form to show the following information:

a. The quantity statement;

b. The name of the product;

c. The guaranteed analysis, including the common or usual English name and the percentage of each active ingredient, and the name and percentage of inert ingredients;

d. A statement of the purpose of the product, stated in terms of the claimed or beneficial effect resulting from the use of the product;

e. Adequate directions for use, and cautions or warnings against misuse, if applicable; and

f. The name and address of the registrant.

2. Bulk lots shall be labeled by attaching a copy of a printed label to the invoice, or by the inclusion on the invoice of all information required by subdivision C 1 of this section. The invoice shall be given to the purchaser at the time of sale or delivery.

3. The commissioner may require proof of any claims made for any soil amendment or soil conditioner. If no claims are made, the commissioner may require proof of usefulness and value. For evidence of proof, the commissioner may rely on experimental data, evaluations or advice from such sources as the extension service of the Virginia Polytechnic Institute and State University and the Virginia State University. The experimental data shall relate to Virginia conditions for which the product is advertised or sold. The commissioner may accept or reject other sources of proof as additional evidence in evaluating soil amendments or soil conditioners.

4. No soil amending or soil conditioning ingredient may be listed or guaranteed on the labels or in labeling of soil amendments or soil conditioners without the commissioner's approval. The commissioner may allow a soil amending or soil conditioning ingredient to be listed or guaranteed on the label or in labeling if satisfactory supportive data is provided to substantiate the value and usefulness of the product. The commissioner may rely on outside sources such as the extension service of the Virginia Polytechnic Institute and State University and the Virginia State University for assistance in evaluating the data submitted. When a soil amending or soil conditioning ingredient is permitted to be listed and guaranteed, it must be verifiable by laboratory methods and is subject to inspection and analysis. The commissioner may prescribe methods and procedures of inspection and analysis of the soil amending or soil conditioning ingredient.

5. With the application for registration for each product the applicant shall submit a copy of the label, a copy of all advertisements and any other materials to be used in promoting the sale of the soil amendment or soil conditioner.

2VAC5-400-90. Sampling and analysis procedures.

Unless otherwise adopted by the commissioner pursuant to § 3.1-106.4 B 3.2-3601 B of the Virginia Fertilizer Law, procedures for obtaining samples, sample preparation, and sample analysis shall be those described in the 17th edition (2000) of the "Official Methods of Analysis of AOAC International".

Procedures used in sample preparation and analysis for enforcement of this chapter are available from:

AOAC International 481 North Frederick Avenue Suite 500 Gaithersburg, Maryland 20877-2417