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State
California Regulations
TITLE 3. FOOD AND AGRICULTURE DIVISION 4 DIVISION 4. PLANT INDUSTRY

database is current through 09/29/06, Register 2006, No. 39





<<(Division Originally Printed 7-25-45)>>



s 2300. Fertilizing Materials -General Provisions.
(a) Labels of fertilizing materials, shall comply with the requirements of this article.
(b) Efficacy data, which may be required as stated in Sections 14601 and 14631 of the Food and Agricultural Code, is data required to demonstrate the product's effectiveness when used as directed for all label claims. The data shall be obtained under California environmental use conditions or in areas that have essentially the same environmental use conditions.
(c) All guarantees shall be based on an Association of Official Analytical Chemists (AOAC) laboratory method or when no AOAC method is available, a method developed for specific analyses by the Department shall be used.
(d) The guaranteed analysis must be stated on an "as is" basis at time of sale or delivery to whoelesale and retail customers
(e) "Zero" guarantees shall not appear in the guaranteed analysis statement.
(f) Brand names, trademarks and tradenames are prohibited in the derivation statement or list of ingredients. They may appear as part of the product name in an area of the label separate from the list of ingredients or the derivation statement. However, trademarks and tradenames may not be similar to that of a recognized fertilizing material.
(g) The statement "State of California approved" or other indication of official approval is prohibited in labeling and advertising.
(h) A warning or caution statement shall appear on the label of any commercial fertilizer product which contains 0.1 percent or more by weight of boron in water soluble form. This statement shall carry the word "WARNING" or "CAUTION" conspicuously displayed, shall state the crop(s) for which the fertilizing material is to be used or state that the use of the fertilizing material on any crops other than those recommended may result in serious injury to the crop(s).
(i) A warning or caution statement shall appear on the label of any commercial fertilizer product which contains 0.001 percent or more by weight of molybdeneum (Mo). This statement shall carry the word "WARNING" or "CAUTION" conspicuously displayed and the statement that the application of fertilizing materials containing molybdenum (Mo) may result in forage crops containng levels of molybdenum (Mo) which are toxic to ruminant animals.
(j) When the name of a fertilizing material appears on the label, outside of the guaranteed analysis statement, the percentage of that ingredient is required in the guaranteed analysis statement.



Note: Authority cited: Sections 407, 14502 and 14631, Food and Agricultural Code. Reference: Sections14501(b), 14502 and 14631, Food and Agricultural Code.


s 2300.1. Instructions of Use.



Note: Authority cited: Sections 407 and 14502, Food and Agricultural Code. Reference: Sections 14562 and 14591, Food and Agricultural Code.


s 2300.5. Guaranteed Analysis.



Note: Authority cited: Sections 407 and 14502, Food and Agricultural Code. Reference: Section 14591, Food and Agricultural Code.


s 2301. Use of Numerals to Describe the Guaranteed Analysis.
When any series of numerals are used in labeling of or in advertising to describe the formula or analysis, or in connection with the name, brand, or trademark, such numerals shall be arranged so that the first will be the guaranteed percentage of nitrogen; the second, the guaranteed percentage of available phosphoric acid; and the third, the guaranteed percentage of soluble potash. The guaranteed percentages shall be consistent with the guaranteed analysis.



Note: Authority cited: Sections 407, 14502 and 14631, Food and Agricultural Code. Reference: Sections 14591 and 14631, Food and Agricultural Code.


s 2302. Non-Nutritive Standards.
(a) Inorganic commercial fertilizer and agricultural mineral products shall not exceed the following standards for the non-nutrient metals arsenic, cadmium and lead:
(1) For each percent iron, manganese or zinc, the fertilizing material shall not exceed the following concentrations of non-nutrient metals: arsenic, 13 parts per million; cadmium, 12 parts per million; lead, 140 parts per million.
(2) For each percent available phosphate (P2 O5 ), the fertilizing material shall not exceed the following concentrations of non-nutrient metals:
(A) Effective January 1, 2002 through December 31, 2002: arsenic, 4 parts per million; cadmium, 6 parts per million; lead, 20 parts per million.
(B) Effective January 1, 2003 through December 31, 2003: arsenic, 3 parts per million; cadmium, 5 parts per million; lead, 20 parts per million.
(C) Effective January 1, 2004: arsenic, 2 parts per million; cadmium, 4 parts per million; lead, 20 parts per million.
(3) The concentration limits are applied as follows:
(A) For micronutrient materials with guaranteed available iron, manganese or zinc multiply the percentage of guaranteed micronutrient material (Minor Element) by the arsenic, cadmium and lead maximum concentrations as expressed in parts per million (ppm). Example: A 12% Iron product will have the following limits: arsenic, 156 parts per million (13 ppm X 12); cadmium, 144 parts per million (12 ppm X 12); and lead, 1,680 parts per million (140 ppm X 12).
(B) For phosphate (P2 O5 ) materials multiply the guaranteed percentage of P2 O5 by the arsenic, cadmium and lead maximum concentrations as expressed in parts per million (ppm). Example: from January 1, 2002 through December 31, 2002: A guaranteed available 52% (P2 O5 ) phosphate product will have the following limits: arsenic 208 parts per million (4 ppm X 52); cadmium 312 parts per million ( 6 ppm X 52); and lead 1,040 parts per million (20 ppm X 52).
(4) For specialty fertilizers that guarantee less than 6% available phosphate (P2 O5 ) but make no micronutrient claim, the maximum allowable concentrations of non-nutrient metals shall not exceed:
(A) Effective January 1, 2002 through December 31, 2002 specialty fertilizers shall not exceed: arsenic, 20 parts per million; cadmium, 30 parts per million; and lead, 100 parts per million.
(B) Effective January 1, 2003 through December 31, 2003 specialty fertilizers shall not exceed: arsenic, 15 parts per million; cadmium, 25 parts per million; and lead, 100 parts per million.
(C) Effective January 1, 2004 specialty fertilizers shall not exceed: arsenic, 10 parts per million; cadmium, 20 parts per million; and lead, 100 parts per million.
(5) For specialty fertilizers that guarantee less than 6% available phosphate (P2 O5 ) and make a micronutrient claim, multiply the guaranteed percentage of micronutrient by the arsenic, cadmium and lead maximum concentrations as expressed in parts per million (ppm) and add the following values to that total:
(A) Effective January 1, 2002 through December 31, 2002 add: arsenic, 20 parts per million; cadmium, 30 parts per million; and lead, 100 parts per million.
(B) Effective January 1, 2003 through December 31, 2003 add: arsenic, 15 parts per million; cadmium 25 parts per million; and lead 100 parts per million.
(C) Effective January 1, 2004 add: arsenic, 10 parts per million; cadmium, 20 parts per million; and lead 100 parts per million.
(6) The concentration limits are applied as follows:
(A) A guaranteed available 3% (P2 O5 ) phosphate product with 2% guaranteed zinc will have the following limits. Example: from January 1, 2002 through December 31, 2002: arsenic, 46 parts per million (13 ppm X 2 zinc = 26 ppm + 20 ppm); cadmium, 54 parts per million (12 ppm X 2 zinc = 24 ppm + 30 ppm); and lead, 380 parts per million (140 ppm X 2 zinc = 280 ppm + 100 ppm).
(b) Waste and hazardous waste shall be defined as specified in Title 22, CCR Division 4.5, Chapter 11 - Identification and Listing of Hazardous Waste, commencing with Section 66261.1.
(c) Recyclable material used in fertilizing material manufacture shall meet all applicable requirements in the Code of Federal Regulations, Chapter 1, Title 40, Part 266, Subpart C - Recyclable Materials Used In a Manner Constituting Disposal, commencing with Section 266.20.
(d) Recyclable material used in fertilizing material manufacture shall be sampled and tested in accordance with procedures specified in Title 22, CCR, Division 4.5, Chapter 11 - Identification and Listing of Hazardous Waste, commencing with Section 66261.1.
(1) A copy of test results shall be submitted to the department for each source of recyclable material used in the manufacture of zinc, manganese or iron products utilized as a base fertilizing material ingredient. Additional test results shall not be required by the department unless the process or operation generating the recyclable material changes.
(e) No recyclable material may be used in fertilizing material manufacture if its use is denied pursuant to Title 22, CCR, Division 4.5, Chapter 16, Article 8.5 - Requirements for Management of Recyclable Materials Used in Agriculture, Section 66266.115.
(f) No recyclable hazardous waste may be used in fertilizing material manufacture unless the generator of such recyclable hazardous waste complies with Title 22, CCR, Division 4.5, Chapter 16, Article 8.5 - Requirements for Management of Recyclable Materials Used in Agriculture, commencing with Section 66266.115.
(g) By December 31, 2004, the department shall publish a report concerning results of research that evaluates the protectiveness of these regulations on both human health and the environment. Additionally, the report shall include an analysis of and recommendations for regulating cobalt, copper, mercury, molybdenum, nickel, selenium and dioxins.



Note: Authority cited: Sections 407, 14502 and 14682, Food and Agriculture Code. Reference: Section 14682, Food and Agriculture Code.


s 2303. Labeling Requirements.
The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code, shall include the following:
(a) Product name.
(b) Measurement
(1) Net weight, of dry materials (for commercial fertilizer, agricultural minieral and auxiliary soil and plant substance labels).
(2) Volume (for packaged soil amendments and liquid specialty fertilizers).
(3) Density, (pounds per gallon at 68 degrees Fahrenheit), for bulk liquids only.
(c) Grade (for commercial fertilizer labels only).
(d) The licensee's name and address.
(e) Purpose of the product (for packaged soil amendments and specialty fertilizers only).
(f) Directions for use (for auxiliary soil and plant substances, packaged soil amendments and specialty fertilizers only).
(g) The statement "NONPLANT FOOD INGREDIENT" printed in capital letters (for auxiliary soil and plant substance products).
(h) A statement of composition showing the percent of each active ingredient, which is the agent in a product primarily responsible for the intended effects (for auxiliary soil and plant substances).
(i) A guaranteed analysis using the following format, terminology and order presented:
(1) Total Nitrogen (N) __________%
__________% Ammoniacal Nitrogen __________% Nitrate Nitrogen
__________% Water Soluble Organic Nitrogen or Other recognized and determinable forms of nitrogen
__________% Water Insoluble Organic Nitrogen or Water Insoluble Nitrogen
Available Phosphoric Acid (P 2 O 5) __________%
Soluble Potash (K 2 O) __________%
(2) Secondary and micronutrient guarantee minimums. (if claimed)
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%
__________% Chelated Copper
Iron (Fe) 0.1000%
__________% Chelated Iron
Manganese (Mn) 0.0500%
__________% Chelated Manganese
Molybdenum (Mo) 0.0005%
Sodium (Na) 0.1000%
Zinc (Zn) 0.0500%
__________% Chelated Zinc
(3) Limiting material guarantees: (if claimed)
Compound(s) composing material __________%
(state specific compounds)
Calcium carbonate equivalent __________%
Sieve Analysis: 10 mesh __________%
(BULK ONLY) 20 mesh __________%
40 mesh __________%
60 mesh __________%
Moisture, maximum (BULK ONLY) __________%
(4) Other guarantees: (if claimed, and approved by the director)
(j) A derivation statement (for commercial fertilizers and agricultural mineral labels only).
(1) Abbreviations shall not appear in the derivation statement.
(k) A list of ingredients in decreasing amounts present. (For packaged soil amendments only).
(l) The following format and guarantees, as applicable for the following products or ingredients, shall appear following the derivation statement of agricultural mineral and commercial fertilizer labels:
"ALSO CONTAINS NONPLANT FOOD INGREDIENT(S):"
X% Humic Acids (Derived from . . . state the source of the humic acids)
X% Polymers (state the name of the specific polymer). (For auxiliary soil and plant substances only).
Wetting Agents (state the name of the specific wetting agent on the application only - not required on the label)
(m) Additional information, other than secondary or micronutrient guarantees, shall not appear in the guaranteed analysis statement.
(n) The guarantees for the forms of nitrogen must add up to the total nitrogen guarantee claimed and are recommended in the order appearing in the format shown in section 2303(i)(1).
(o) Zeros are required before the decimal points when less than one percent.
(p) For packaged products, the information found in section 2303(a) through (o) shall either:
(1) Appear on the label, or
(2) Be printed on a tag and attached to the package. This information shall be in a conspicuous form.
(q) For bulk products, the information found in section 2303(a) through (o) shall be in written or printed form and shall accompany the delivery. This information shall be in a conspicuous form.
(r) The manufacturer of any base fertilizing material ingredient that claims iron, manganese, zinc or phosphates shall provide a guarantee statement that the product does not exceed standards established for arsenic, cadmium and lead.
(1) For purposes of the labeling guarantee, base fertilizing material ingredient shall be defined as phosphate, zinc, manganese, or iron products utilized singly or as material ingredient in blended or formulated fertilizing material products. Examples of such base fertilizing material ingredients include, but are not limited to, phosphoric acid, monoammonium phosphate, diammonium phosphate, zinc oxide, zinc sulfate, zinc from galvanizer skimmings, zinc from electric arc furnace dust, metallic zinc, refined zinc from the copper pickling process, zinc from circuit board recycling, iron II & III oxide, iron ore deposits, iron from recycling of bailing wire, rust or photographic operations, and manganese oxide.
(2) The guarantee statement shall report in parts per million the maximum total concentration of arsenic, cadmium and lead in the base fertilizing material ingredient.
(s) Packaged product labels for commercial fertilizer and agricultural mineral products, with the exception of gypsum, liming materials, manure, wood or coal fly ash, sewage sludge, composted products, potting soils, potting mix, blood meal, bone meal, feather meal, kelp meal or seaweed, cottonseed meal, fish meal, sphagnum moss and seed mix shall include either an informational statement of laboratory test results or provide an informational statement providing the maximum levels in parts per million of arsenic, cadmium, cobalt, copper, lead, mercury, molybdenum, nickel and selenium.
(1) In lieu of a statement on the label, the information may be provided by either of the following statements:
"Information regarding the contents and levels of metals in this product is available by calling 1-800-XXX-XXXX."
Or
"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 shall substitute a unique alphanumeric identifier for "xx". This statement may be used only if the licensee establishes and maintains the Internet site; there is a clearly visible, direct hyperlink to a government web site; and, the Internet site contains no advertising or company-specific information. A government web site internet address on the label is an acceptable alternative to a web site established and maintained by the licensee.
(t) Testing methodology for the informational statement of laboratory test results shall conform to either sample preparation method 3050B or 3051 and conform to analysis methods as described in US EPA Publication SW-846 (Revision 3, December 1996), which is hereby incorporated by reference.
(u) Labeling provisions in Section 2303 (r) shall be met no later than January 1, 2002. Labeling provisions in Section 2303 (s) shall be met no later than July 1, 2002 for all products entering into channels of trade.
(v) The publication of inaccurate information regarding the contents and levels of metals is a misbranding violation pursuant to Section 14681 of the Food and Agriculture Code.



Note: Authority cited: Sections 407, 14502 and 14631, Food and Agricultural Code. Reference: Section 14631, Food and Agricultural Code.


s 2304. Biotics.
All fertilizing materials for which claims are made relating to organisms, enzymes or organisms by-products are auxiliary soil and plant substances and are subject to the registration requirement of Section 14601 of the Food and Agricultural Code, whether or not the material would otherwise be exempt from registration as a commercial fertilizer.
In addition to the information required by Section 14601 of the Food and Agricultural Code, the label of each product which contains organisms, enzymes, and other biologically active by-products of organisms for which claims are made shall state:
(a) Name of each species and strains as part of the statement of composition and name of each by-product, if claimed.
(b)(1) The percentage or number of viable units of microorganisms per cubic centimeters.
(2) The concentration in percentage of enzymes or other organism by-products claimed.
(c) The expiration date for use.
(d) Storage conditions.
A generally accepted laboratory method for assaying the viable and attenuated units, and the by-products claimed must be submitted with the registration application.
When used for the purpose intended, the product must not be pathogenic to plants or pathogenic to animals which may consume the treated plant. Biotic products such as Rhizobium spp., Gingaspora spp., Glomus spp., and Pisolithus spp., are acceptable for registration. Other biotic products are acceptable based on efficacy data.



Note: Authority cited: Sections 407, 14502, 14601 and 14631, Food and Agricultural Code. Reference: Sections 14594, 14601 and 14631, Food and Agricultural Code.


s 2305. Chelating Agents.
The label of each product for which a chelation claim is made shall state:
(a) The name of the chelating agent.
(b) The percent of the guaranteed micronutrient content which is chelated, for example, in the following format:
Zinc (Zn)..............................................______%
_____% Chelated Zinc



Note: Authority cited: Sections 407, 14502 and 14631, Food and Agricultural Code. Reference: Sections 14502 and 14631, Food and Agricultural Code.


s 2306. Fish Emulsion.
When a product is labeled as fish emulsion, it shall contain a minimum of 40 percent total solids.



Note: Authority cited: Sections 407, 14502 and 14631, Food and Agricultural Code. Reference: Sections 14502 and 14631, Food and Agricultural Code.


s 2307. Hydroponics, Continuous Liquid Feed Products and Ready-to-Use Foliar Products.
The minimum percentages acceptable for micronutrients stated in Section 2303, do not apply to guarantees for those water soluble nutrients or micronutrients on products labeled only for hydroponic, continuous liquid feed programs or ready-to-use foliar products.



Note: Authority cited: Sections 407, 14502 and 14631 of the Food and Agricultural Code. Reference: Section 14631 of the Food and Agricultural Code.


s 2308. Packaged Soil Amendments.
(a) Packaged soil amendments shall be measured by volume (quarts/cubic feet). If other measurement information is shown, it shall be in parentheses following the volume statement, e.g. weight, cubic inches, fractions of cubic feet and metric conversions.
(b) No claim shall be made for chemical composition or nutritive consituents, except as provided in (d) and (f) of this section.
(c) When a packaged soil amendment is labeled as a specific material, such as peat moss or leaf mold, the product shall consist of not less than 95 percent of that material.
(d) Organic products such as bark, wood chips, wood sawdust and peat or peat moss claimed to be nitrogen fortified, nitrogen stabilized, or with other terms to inform that the product contains nitrogen added to compensate for nitrogen likely to be taken from soil due to the amendments decomposition therein, are soil amendments when such additional nitrogen is 0.5 percent or less. Any claim for such nitrogen stabilization or fortification or similar term made on the label of a packaged soil amendment shall be accompanied by a statement of the total percent of nitrogen contained therein.
(e) Packaged soil amendments may contain wetting agents.
(1) The claim "wetting agent added" can be made without guaranteeing the specific wetting agent or the percentage of such, but the chemical name of the wetting agent must be submitted at the time of registration along with the analytical method.
(f) Iron (Fe), may be guaranteed at less than 0.1 percent.
(g) If reference is made to the acidity or alkalinity of the product, or its influence on the soil, a range or specific pH must be guaranteed.



Note: Authority cited: Sections 407, 14502, 14601 and 14631, Food and Agricultural Code. Reference: Sections 14601 and 14631, Food and Agricultural Code.


s 2309. Phosphorus Materials.
(a) Products that contain phosphorous acid shall state on the label the percentage of "Total phosphoric acid", upon conversion of phosphorous acid.
Total phosphoric acid (P 2 O 5) __________%
In addition the label shall state the following:
(1) Phosphorous acid products are for use as a supplemental fertilizer treatment.
(2) Upon foliar application, the phosphite ions are taken up directly by the plant foliage and may undergo a degree of conversion to phosphate ions, or will be used directly by plants, as phosphite ions.
(3) As a soil application to annual crops, a lesser response from the initial crop, with a corresponding superior response from succeeding crops, may be observed. In addition, placement close to seeds or root zones may be injurious to crops. The effect may be aggravated by a soil pH below 6.5.
(b) Products that contain Phosphoric acid shall state on the label the percentage of "Available Phosphoric Acid". If, in addition, a percentage of "Total Phosphoric Acid" is stated, the percentage of "Insoluble Phosphoric Acid" (Citrate-Insoluble Phosphorus) must be stated immediately below, for example:
Available Phosphoric Acid (P 2 O 5) __________%
__________% Total Phosphoric Acid (P 2 O 5) __________% Insoluble Phosphoric Acid (P 2 O 5)



Note: Authority cited: Sections 407, 14502 and 14631, Food and Agricultural Code. Reference: Section 14631, Food and Agricultural Code.


s 2310. Seed and Plant Food Mixture.
A packaged combination of viable seeds for planting intermixed with nitrogen, available phosphoric acid, or potash, added singly or in combination totaling one percent or less, solely to stimulate the sprouting seeds after planting is not classed as any form of fertilizing material as defined in Section 14533 of the Food and Agricultural Code.



Note: Authority cited: Section 407 and 14502 of the Food and Agricultural Code. Reference: Section 14502 of the Food and Agricultural Code.


s 2311. Slow Released Plant Nutrients.
(a) The label shall not state or imply that a plant nutrient or micronutrient contained in a fertilizer is released slowly over a period of time, unless such nutrients or micronutrients are identified and guaranteed.
(b) The types of slow released products recognized are:
(1) Water insoluble (N products only), such as natural organics, urea formaldehyde, isobutylidene diurea and oxamide.
(2) Coated slow release such as sulfur coated urea and other encapsulated soluble fertilizers.
(3) Products containing water soluble nitrogen such as ureaform materials, urea formaldehyde products, methylenediurea (MDU), dimethylene triurea (DMTU), dicyanodiamide (DCD).
(4) Occluded slow release, where fertilizers or fertilizer materials are mixed with waxes, resins, or other inert materials and formed into particles.
The terms "water insoluble," "coated slow release," "slowly available water soluble" and "occluded slow release" are accepted as descriptive of these products provided the claim is substantiated by a research study as required by section 2300(b).
(5) Products containing phosphorous acid such as potassium phosphite and ammonium phosphite which undergo a degree of conversion in plants or soils to available phosphoric acid (P2O5).
(6) Effective January 1, 2006, products containing elemental sulfur are a source of nutrient sulfur when applied to soil. Other application techniques for elemental sulfur must be substantiated by scientific research as required by Section 2300(b) that demonstrates availability of an efficacious amount of nutrient sulfur for plant uptake generally consistent with soil application.
(c) When slowly released nutrients are less than 15 percent of each total of the guarantee for either total nitrogen (N), available phosphoric acid (P2O5), or soluble potash (K2O), as appropriate, the label shall not refer to slow release of the materials.
(d) Association of Official Analytical Chemist's (AOAC) latest method shall be used to confirm the coated slow release and occluded slow release nutrients and others whose slow release characteristics depend on particle size and AOAC latest method shall be used to determine the water insoluble nitrogen of organic materials.



Note: Authority cited: Sections 407, 14502 and 14631, Food and Agricultural Code. Reference: Section 14631, Food and Agricultural Code.


s 2312. Gypsum Equivalent.
Any of the following four compounds, singly or in combination, shall be expressed as a percent gypsum equivalent on the label:
Hydrated Calcium Sulfate (CaSO 4 2H 2 O)
Anhydride Calcium Sulfate (CaSO 4)
Hydrated Calcium Sulfite
Anhydride Calcium Sulfite



Note: Authority cited: Sections 407, 14502 and 14631, Food and Agriculture Code. Reference: Section 14631, Food and Agriculture Code.


s 2313. Official Samples.
A sample of fertilizing materials drawn by the director for the purpose of analysis, in accordance with Sections 14641 and 14642 of the Food and Agricultural Code, shall be known as an "official sample" and shall be drawn in a manner prescribed by this article to represent the entire lot from which it is taken.



Note: Authority cited: Sections 407 and 14502, Food and Agricultural Code. Reference: Section 14605, Food and Agricultural Code.


s 2314. Subsamples.
Subsamples shall be provided to interested parties after laboratory analysis by the department, with the condition that the requesting party agree to provide analytical results of the subsample to the Department of Food and Agriculture, Feed, Fertilizer and Livestock Drug Branch within 21 days of receipt.



Note: Authority cited: Sections 407, 14502 and 14645, Food and Agricultural Code. Reference: Sections 14645 and 14646, Food and Agricultural Code.


s 2315. Sampling Procedure.
Each official sample shall consist of at least one pound of dry material or one pint of liquid material taken in the following manner:
(a) Packaged Dry Materials.
(1) Use a sampler that removes a core diagonally from end-to-end of the container.
(2) The lot and the sample size will be established in the following manner:
Lot Size Containers Sample Size Containers
Less than 5........ All
6-15............... 5
16-30.............. 6
31-60.............. 7
61-100............. 8
101-200............ 9
201-300............ 10
301-500............ 11
501 or more........ 12

(3) Small packages of dry fertilizer material in packages of 80 pounds or less, when not practical to sample according to subsection (2), shall be represented by one unbroken package which will constitute the official sample.
(4) Place all cores into sample container and send to the laboratory.
(b) Sampling Dry Fertilizing Materials in Bulk Lots. Dry bulk material shall be sampled by one of the following methods:
(1) Use a bulk cup-type sampler with an opening width at least three times the diameter of the largest particle being sampled and long enough to cut the complete stream. The delivery stream must be "cut" with the sampler at least ten times at equal intervals during the delivery.
The registrant mixing the material must supply a safe and convenient access to a stream of the material being loaded for the sampler.
(2) Use a "Missouri D" probe according to the following system:
(i) At least 12 cores must be drawn in different locations.
(ii) When a single lot of fertilizing material is in two separate compartments, take a minimum of six cores from each compartment.
(iii) When a single lot of fertilizing material is in three or more compartments, take a minimum of four cores from each compartment.
(c) When sampling gypsum, the following procedure is accepatable:
(1) Scrape outer surface aside before inserting sampler.
(2) Take approximately 20 approximately equal cores from fairly evenly distributed parts of the quantity.
(3) Portions may be taken with a trowel when the material contains large lumps or when for other reasons it is not possible to use a sampler.
(4) Place all portions into sample container and send to the laboratory for mixing and quartering.
(d) Liquid fertilizing materials must be sampled by one of the following systems:
(1) Full horizontal cylindrical or spherical tanks are sampled with a restricted fill liquid sampling device. Lower the liquid sampler just below the surface and allow to fill, the liquid sampler is then recovered and emptied into a suitable container. This process is repeated twice at the center level of the tank and once at the bottom. All four aliquots are thoroughly mixed and tested; or a sample of the four aliquots consisting of not less than one pint shall be sent to the laboratory for testing.
(2) Sample vertical cylindrical, cubic or rectangular shaped tanks by proceeding as in "(1)" except one aliquot is taken from the center level rather than taking two aliquots from the center level.
(3) Nonpressurized nitrogen solutions, nitrogen-phosphate mixtures, and other clear solutions may be sampled at the sight gauge or outlet after these openings have been drained and flushed with the solution. Fertilizer suspensions or slurries must be completely agitated before sampling; when a homogenous mixture is achieved, sample as above.
(4) Streamcutting a homogenous mixture from a valve while loading is an acceptable sampling procedure.
(5) Small packages of liquid fertilizing materials, when not practical to sample according to subsection (d)(1)(2)(3), shall be represented by one unbroken package which will constitute the official sample.



Note: Authority cited: Sections 407, 14052 and 14646, Food and Agricultural Code. Reference: Section 14606, Food and Agricultural Code.


s 2316. Identification of Official Sample.
A sample of a fertilizing material shall be identified before removal from premises where it was drawn. The identification shall consist of the date; name of product as given on the label, if any; inspector's initials and sample number.



Note: Authority cited: Sections 407, 14502 and 14645, Food and Agricultural Code. Reference: Sections 14645 and 14646, Food and Agricultural Code.


s 2317. Description of Sample.
An inspector's Product Sample Data official form showing pertinent information concerning the sample shall be prepared at the time each official sample is drawn. Where reasonably possible, a label shall be taken from the lot represented by the sample and accompany the inspector's Product Sample Data.



Note: Authority cited: Sections 407, 14502 and 14645, Food and Agricultural Code. Reference: Sections 14605, 14645 and 14646, Food and Agricultural Code.


s 2318. Licensing.
In addition to requirements found in Section 14591 of the Food and Agricultural Code, the following information is required.
(a) A place of business.



Note: Authority cited: Sections 407, 14502 and 14591, Food and Agricultural Code. Reference: Section 14591, Food and Agricultural Code.


s 2319. Experimental Use of a Fertilizing Material.
Experimental use of a fertilizing material for noncommercial value is exempt from licensing.



Note: Authority cited: Sections 407, 14502 and 14591, Food and Agricultural Code. Reference: Sections 14531 and 14591, Food and Agricultural Code.


s 2320. Registration.
In addition to requirements found in Section 14601 of the Food and Agricultural Code, the following information is required.
Each auxiliary soil and plant substance, packaged agricultural mineral, packaged soil amendment and specialty fertilizer shall be registered in the name of the legal entity or person whose name appears on the label before being distributed in this state.
These materials shall not be distributed or sold unless the product is registered.



Note: Authority cited: Sections 407, 14502 and 14601, Food and Agricultural Code. Reference: Section 14601, Food and Agricultural Code.


s 2321. Tonnage Reporting.
In addition to the requirements found in Sections 14621, 14622 and 14623 of the Food and Agricultural Code, the following is required.
(a) The tonnage report shall be made semi-annually no later than July 31, and no later than January 31 of each year for tonnage of one ton or greater. Zero reports are not required.



Note: Authority cited: Sections 407, 14502, 14621, 14622 and 14623, Food and Agricultural Code. Reference: Sections 14621 and 14622, Food and Agricultural Code.







<<(Subchapter Originally printed 7-25-45)>>



s 2330. Name, Brand, or Trademark of Economic Poison.



Note: Authority cited: Sections 407, 12781, and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.


s 2331. Commercial Pest Control Service.



Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.


s 2332. Operational Protocol for Pesticide Registration and Evaluation Manual.



Note: Authority cited: Sections 407, 12781, 12976, 12981 and 14005, Food and Agricultural Code. Reference: Sections 12751 through 14104, Food and Agricultural Code.





Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code.





Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12753 and 12801, Food and Agricultural Code.


s 2360. Application.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12824, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code.


s 2360.1. Adverse Effect Disclosure.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code.


s 2361. Acceptance of Labeling.



Note: Authority cited: Sections 407, 12781, and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.


s 2362. Brands.



Note: Authority cited: Sections 407, 1152, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code.


s 2363. Transfer of Registration.



Note: Authority cited: Sections 407, 12781, and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.


s 2364. Change of Name.



Note: Authority cited: Sections 407, 12781, and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.


s 2365. Computation of Retail Value.



Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.


s 2366. Renewal.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code.


s 2367. Reevaluation.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code.


s 2368. Annual Review.



Note: Authority cited: Sections 407, 11502, 12005, 12111 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code.


s 2369. Review and Evaluation.



Note: Authority cited: Sections 407, 12781 and 12824, Food and Agricultural Code. Reference: Sections 11501, 12751-13102, Food and Agricultural Code.


s 2369.5. Conditional Registration.



Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 11501 and 12824-12825, Food and Agricultural Code.


s 2370. Safety Related to Exposure.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.


s 2371. Residue Test Method.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code.


s 2372. Residue Data.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12824, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code.


s 2373. Efficacy.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12824, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code.


s 2374. Hazards to Bees.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code.


s 2375. Closed System Compatibility.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code.


s 2376. Effects on Pest Management.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code.


s 2378. Inert Ingredient Hazard.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code.


s 2379. Volatile Organic Compounds.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code.


s 2379.5. General Toxicity Data.



Note: Authority cited: Sections 407, 12781 and 12824, Food and Agricultural Code. Reference: Sections 11501, 12824-12825, Food and Agricultural Code.


s 2380. Other Data.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code.


s 2389. Scope of Labeling Requirements.



Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12751-13102, Food and Agricultural Code.


s 2390. Placement of Label.



Note: Authority cited: Sections 407, 12781, and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.


s 2391. Name and Address of Manufacturer, Distributor, Packer, Formulator, or Registrant.



Note: Authority cited: Sections 407, 12781, and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.


s 2393. Legibility of Label and Labeling.



Note: Authority cited: Sections 407, 12781, and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.


s 2394. Registration Number.



Note: Authority cited: Sections 407, 12781, and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.


s 2395. Warning or Caution Statement.



Note: Authority cited: Sections 407, 12781, and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.


s 2396. Sub-Packaging of Certain Economic Poisons for Resale to Consumers.



Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.


s 2397. False and Misleading Statements.



Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.


s 2400. Wettable and Soluble Powders.



Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.


s 2401. Rodenticide Bait Safety.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code.


s 2402. Closed System Compatibility.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code.


s 2420. Findings of the Director of Food and Agriculture.



Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12824 and 12825, Food and Agricultural Code.


s 2421. Findings of the Director of Food and Agriculture.



Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12824 and 12825, Food and Agricultural Code.


s 2422. Findings of the Director of Food and Agriculture.



Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12824 and 12825, Food and Agricultural Code.


s 2423. Inorganic Arsenic.



Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12824 and 12825, Food and Agricultural Code.


s 2424. Findings of the Director of Food and Agriculture.



Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12824 and 12825, Food and Agricultural Code.


s 2425. Suspension of Registration and Use of Economic Poisons Containing 1,2-Dibromo-3-Chloropropane (DBCP).



Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12824, 12825 and 12826, Food and Agricultural Code.


s 2426. Suspension of Registration and Use of Economic Poisons Containing N-3-Pyridylmethyl N ' -p Nitrophenyl Urea (Vacor).



Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12824, 12825 and 12826, Food and Agricultural Code.


s 2427. Ethylene Dibromide.



Note: Authority cited: Sections 407, 12781 and 14102, Food and Agricultural Code. Reference: Sections 11501(b), 12824, 12825, 14001 and 14102, Food and Agricultural Code.


s 2428. Cadmium Compounds.



Note: Authority cited: Sections 407, 12781 and 12976, Food and Agricultural Code. Reference: Sections 12825, 12995 and 14102, Food and Agricultural Code.





Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Section 12841, Food and Agricultural Code.





Note: Authority cited: Sections 407, 12781 and 12844, Food and Agricultural Code. Reference: Section 12844, Food and Agricultural Code.


s 2440. Misbranding.



Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code.


s 2440.5. Unregistered Products.



Note: Authority cited: Sections 407, 12781, 12976, 14005 and 14102, Food and Agricultural Code. Reference: Section 12995, Food and Agricultural Code.


s 2441. Purpose.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code.


s 2442. Definitions.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.


s 2443. Pesticide Registration, Renewal, and Reevaluation.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.


s 2444. Standards and Regulations.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code.


s 2445. Commissioner Consultation.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code.





Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.





Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.





Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.





Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.





Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.





Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.





Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.





Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.





Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.





Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.





Note: Authority cited: Sections 407 and 14005, Agricultural Code. Reference: Sections 14001-14035, Agricultural Code.


s 2450. Restricted Materials.



Note: Authority cited: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005, 14006.7 and 14102, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code.


s 2450.5. Designation of Restricted Materials.



Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671 and 12751-14104, Food and Agricultural Code. (continued)