WSR 03-24-053

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed December 1, 2003, 8:35 a.m. ]

Date of Adoption: December 1, 2003.

Purpose: To require a label statement referring people to the department's uniform resource location (URL or web address) where data regarding the metals content of the product is located.

Citation of Existing Rules Affected by this Order: Amending WAC 16-200-715.

Statutory Authority for Adoption: Chapters 15.54 and 34.05 RCW.

Adopted under notice filed as WSR 03-19-125 on September 17, 2003.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

December 1, 2003

William E. Brookreson

for Valoria Loveland

Director

OTS-6658.1


AMENDATORY SECTION(Amending Order 1952, filed 9/17/87)

WAC 16-200-715   Fertilizer labels.   The following information, in the format presented, is the minimum information required for all fertilizer labels. For packaged products, this information shall either appear on the front or back of the package; or occupy at least the upper-third side of the package; or be printed on a tag and attached to the package. This information shall be in a readable and conspicuous form. For bulk products, this same information in written or printed form shall accompany delivery and be supplied to the purchaser at time of delivery.

(1) Net weight.

(2) Brand.

(3) Grade (provided that the grade shall not be required when no primary nutrients are claimed.)

(4) Guaranteed analysis*

Total Nitrogen (N)** . . . . . . . . . . . . ___%
___% ammoniacal nitrogen
___% nitrate nitrogen
___% water insoluble nitrogen
___% urea nitrogen
___% (other recognized and determined

forms of N)

Available Phosphoric Acid (P2O5) . . . . . . . . . . . . ___%
Soluble Potash (K2O) . . . . . . . . . . . . ___%
(Other nutrients, elemental basis)*** . . . . . . . . . . . . ___%
(5) Sources of nutrients guaranteed on the label shall be listed below the completed guaranteed analysis statement.

(6) Name and address of registrant.

(7) At a minimum, one of the following label statements:

(a) "Information received by the Washington state department of agriculture regarding the components in this product is available on the Internet at http://agr.wa.gov."

Through June 30, 2006, you may use the following label statement: "Information received by the Washington state department of agriculture regarding the components in this product is available on the Internet at http://www.wa.gov/agr/."

(b) "Information regarding the contents and levels of metals in this product is available on the Internet at http://agr.wa.gov."

Through June 30, 2006, you may use the following label statement: "Information regarding the contents and levels of metals in this product is available on the Internet at http://www.wa.gov/agr/."

(c) "Information regarding the contents and levels of metals in this product is available on the Internet at http://www.regulatory-info-xx.com."

Each registrant must substitute a unique alphanumeric identifier for "xx." This statement may be used only if the registrant establishes and maintains the Internet site and the Internet site meets the following criteria:

(i) There is no advertising or company-specific information on the site; and

(ii) There is a clearly visible, direct hyperlink to the department's Internet site specified in (a) and (b) of this subsection.

(d) "Information regarding the contents and levels of metals in this product is available on the Internet at: "http://www.aapfco.org/metals.htm."

Note: The department's Uniform Resource Locator (URL) changed in 2003, thus requiring a revision to the labeling statements required in subsection (7)(a) and (b) of this section. (The new URL is "http://agr.wa.gov." The old URL was "http://www.wa.gov/agr.") In order for companies to deplete existing stocks and revise labels, the department will allow either URL to be referenced on labels distributed through June 30, 2006. During this "phase-in" period, the department will maintain a redirect link to ensure that people are directed to the appropriate website when they enter the old URL. Beginning July 1, 2006, all labels distributed in Washington using the statement in subsection (7)(a) or (b) of this section must include the new URL.

* Zero guarantees shall not be made and shall not appear in the statement.
** If chemical forms of nitrogen are claimed or required, the form shall be shown and the percentages of the individual forms shall add up to the total nitrogen percentage.
*** As prescribed by WAC 16-200-711.

[Statutory Authority: Chapter 15.54 RCW. 87-19-097 (Order 1952), 16-200-715, filed 9/17/87.]

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