ORS 633.321
Label requirements for fertilizer, agricultural amendment, agricultural mineral and lime products

  • rules

(1)

A person may not distribute fertilizer, agricultural amendment, agricultural mineral or lime products in packaged form unless there is a printed label attached or applied to the package. A person may not distribute fertilizer, agricultural amendment, agricultural mineral or lime products in bulk unless a label in the form of a separate document physically accompanies the shipment and is furnished to the user or purchaser when each separate delivery is made, or when the last delivery from the lot is made. The label must include the following:

(a)

The name under which the product is registered or distributed.

(b)

The net weight or volume.

(c)

The name and mailing address of the manufacturer, distributor or registrant.

(d)

The product grade if primary nutrients are claimed.

(e)

The product density, in pounds per gallon at 68 degrees Fahrenheit, if the product is distributed as a bulk liquid.

(f)

A guaranteed analysis. The guaranteed analysis must immediately follow the statement, “GUARANTEED ANALYSIS.” Guarantees must be based on a laboratory method of analysis approved by the State Department of Agriculture. The guaranteed analysis shall be stated on an “as is” basis at the time the fertilizer, agricultural amendment, agricultural mineral or lime product is distributed into or within this state. Primary nutrients, secondary nutrients and micronutrients that are claimed or advertised must be individually guaranteed. A guarantee of a zero percentage may not appear in the guaranteed analysis statement.

(g)

A derivation statement declaring the sources for all primary nutrients, secondary nutrients and micronutrients guaranteed. The statement must be listed immediately below the guaranteed analysis. Abbreviations, brand names, trademarks and trade names may not appear in the derivation statement, but may appear as part of the product name in an area of the label that is separate from the derivation statement.

(h)

The identity and amount of ingredients other than primary nutrients, secondary nutrients and micronutrients that are claimed or advertised. The identity and amount must be guaranteed and determinable by laboratory methods approved by the department. The source of those ingredients shall be formatted on the label as follows:

ALSO CONTAINS NON-PLANT
FOOD INGREDIENT(S):
___% Humic Acids (Derived from _____)
___% Other Determinable Non-Plant
Food Ingredients

(i)
A unique identifier for custom mixed products.

(j)

An Internet address that leads to a department website that is accessible to the public and contains product-specific information. The department shall adopt rules establishing the date for label compliance and the nature of product information that must be available through the website. The information must be accessible by product name, ingredient or reportable substance and shall include, at a minimum:

(A)

For any product identified in an application for registration under ORS 633.362 (Registration of fertilizer, agricultural amendment, agricultural mineral and lime products) as being waste-derived, the product name and the Standard Industrial Classification code or North American Industry Classification System code of each facility that generated the waste-derived product or any waste-derived ingredient of the product; and

(B)

The types and levels of metals and other substances for which a statement is required under ORS 633.362 (Registration of fertilizer, agricultural amendment, agricultural mineral and lime products) (10) or required by department rule to be stated in the application for registration of a product.

(2)

Intentionally left blank —Ed.

(a)

Primary nutrients that are claimed or advertised must be guaranteed and formatted on the label as follows:

GUARANTEED ANALYSIS:
Total Nitrogen (N) ___%
___% Ammoniacal Nitrogen
___% Nitrate Nitrogen
___% Urea Nitrogen
___% Slowly Available Water
Soluble Nitrogen
___% Other Water Soluble
Nitrogen
___% Water Insoluble Nitrogen
Available Phosphate (P2O5) ___%
Soluble Potash (K2O) ___%

(b)

The guarantees for the forms of nitrogen must add up to the total nitrogen guarantee and be shown by indentation. The forms of nitrogen may be listed in an order other than the order listed in this subsection.

(c)

Phosphorous acid (expressed as H3PO3 or PO3) cannot be claimed as a source of available phosphate.

(3)

The following secondary nutrients and micronutrients that are claimed or advertised must be guaranteed, be placed on the label in the same order as listed in this subsection and immediately follow the guaranteed analysis for any primary nutrients claimed. The guaranteed analysis of secondary nutrients and micronutrients must be made on the elemental basis. When a chelated, water soluble or other form of plant nutrient is claimed or advertised in addition to the elemental form of the same secondary nutrient or micronutrient, the form and percentage must be guaranteed separately and shown by indentation. Zeroes are required before decimal points for amounts that are less than one percent. Except for products identified in subsection (4) of this section, the minimum percentages that may be accepted for registration are as follows:

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%

(4)

The minimum percentages set forth in subsection (3) of this section do not apply to the following as defined by department rule:

(a)

Guarantees for water soluble nutrients on labels for:

(A)

Ready to use foliar fertilizers or agricultural minerals;

(B)

Ready to use specialty liquid fertilizers or agricultural minerals; or

(C)

Products used for hydroponic or continuous liquid feed programs.

(b)

Guarantees for soils and horticultural growing mediums.

(5)

If a fertilizer, agricultural amendment, agricultural mineral or lime product has a boron concentration greater than 0.1 percent or a molybdenum concentration greater than 0.001 percent, the product label must include a warning or cautionary statement that the product contains boron or molybdenum and is to be used only according to the manufacturer’s recommendations or directions.

(6)

Intentionally left blank —Ed.

(a)

If a fertilizer, agricultural amendment, agricultural mineral product or lime product is intended to be microbiological inoculum, the label must include:

(A)

A product expiration date;

(B)

The number of each viable organism per milliliter for liquid products or per gram for dry products;

(C)

The identification of each viable organism expressed as genus and species, and, if applicable, strain;

(D)

Storage conditions; and

(E)

For products containing organisms known to be human pathogens, a precautionary statement consistent with any department rules establishing statement requirements for the organisms or establishing the text of the statement.

(b)

If a fertilizer, agricultural amendment or agricultural mineral product is derived from a microbiological process or culture but is not intended to be a microbiological inoculum, the product label must include a statement that the product is not a viable culture.

(7)

A product ingredient may not be listed, claimed or guaranteed on the label or labeling without prior approval by the department.

(8)

The label information requirements established in subsections (1)(d) and (f), (2), (3) and (6)(b) of this section do not apply to the label of a custom medium for commercial production if the end user is provided with a statement of formulation that lists all of the materials in the custom medium and the amount of each material. [2001 c.914 §4; 2009 c.97 §2; 2015 c.514 §5]

Source: Section 633.321 — Label requirements for fertilizer, agricultural amendment, agricultural mineral and lime products; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html.

633.006
Definitions for ORS 633.006 to 633.089
633.015
Registration of commercial feed required
633.026
Labeling requirements for commercial feed
633.028
Information required to accompany custom mixed feed
633.029
License required for animal feed manufacturers and distributors
633.037
Records required of licensees
633.045
Adulterated commercial feeds prohibited
633.055
Misbranding commercial feed prohibited
633.065
Department to test commercial feeds
633.067
Commercial feed law administration and enforcement
633.077
Testing and analysis of bulk commercial feed and custom mixed feed
633.083
Cooperation with governmental units
633.088
Withdrawal from distribution of feeds sold or distributed in violation of law
633.089
Disposition of moneys received by department
633.311
Definitions for ORS 633.311 to 633.479
633.315
Applicability of ORS 633.311 to 633.479 and 633.994
633.318
Licensing of manufacturers and bulk distributors
633.321
Label requirements for fertilizer, agricultural amendment, agricultural mineral and lime products
633.331
Additional label requirements for lime products
633.336
Additional label requirements for agricultural amendment
633.341
Additional label requirements for agricultural mineral
633.344
Label guarantees of additional plant nutrients
633.362
Registration of fertilizer, agricultural amendment, agricultural mineral and lime products
633.364
Confidentiality of certain information supplied in application for registration
633.366
Prohibitions
633.371
Disposition of revenues
633.385
Department access
633.388
Reports of official sample
633.441
Rules
633.445
Orders preventing sale or other disposition of product
633.462
Tonnage reports
633.465
Inspection fees
633.476
Record keeping for custom mix products
633.479
Fertilizer Research Committee
633.487
Definitions for ORS 633.487 to 633.491
633.489
Certification of dyes or other additives
633.491
Anhydrous Ammonia Additive Review Committee
633.511
Definitions for ORS 633.511 to 633.750
633.520
Labeling agricultural seed or bulk flower seed
633.531
Labeling vegetable or flower seed weighing one pound or less
633.541
Labeling vegetable seed weighing more than one pound
633.545
Labeling bins and bulk displays
633.550
Exemptions from labeling provisions
633.561
Preparation of list of prohibited noxious weed seeds and restricted noxious weed seeds
633.571
Changes in lists
633.580
Seed testing laboratory
633.600
Fees for seed tests
633.610
Seed testing fund
633.620
Certification of seeds, tubers and plants
633.630
Certification fund
633.640
Dean may employ assistants
633.651
Prohibited acts
633.655
When penalties not applicable
633.660
Enforcement and administration
633.670
Inspection and sampling of seeds
633.680
Establishment of standards of germination
633.690
Quarantine of seed entering state
633.700
Retailer and wholesaler licenses
633.720
Sampling and testing on request of owner of seed
633.733
Legislative findings regarding seed regulation
633.738
Prohibition of local laws to inhibit or prevent production or use of seeds or products of seeds
633.741
Jackson County exemption from ORS 633.738
633.750
Disposition of fees and charges paid under ORS 633.511 to 633.750
633.752
Presence of department representative during crop testing
633.992
Criminal penalties
633.994
Civil penalties for fertilizer law violations
633.996
Civil penalty for seed law violation
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